Prosecution Insights
Last updated: August 06, 2026
Application No. 19/077,803

SORTING SYSTEM

Non-Final OA §102§103
Filed
Mar 12, 2025
Priority
Jul 01, 2020 — provisional 63/047,048 +3 more
Examiner
CHEIN, ALLEN C
Art Unit
Tech Center
Assignee
Seller Hardware LLC
OA Round
1 (Non-Final)
45%
Grant Probability
Moderate
1-2
OA Rounds
2y 4m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 45% of resolved cases
45%
Career Allowance Rate
198 granted / 443 resolved
-15.3% vs TC avg
Strong +40% interview lift
Without
With
+40.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
30 currently pending
Career history
476
Total Applications
across all art units

Statute-Specific Performance

§101
26.5%
-13.5% vs TC avg
§103
49.0%
+9.0% vs TC avg
§102
7.5%
-32.5% vs TC avg
§112
15.3%
-24.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 443 resolved cases

Office Action

§102 §103
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . DETAILED ACTION Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-8,10,12-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Peck 20180286002 Regarding Claim 1, a plurality of sorter lights; a plurality of compartments; and at least one controller to generate control signals for the plurality of sorter lights; wherein each sorter light of the plurality of sorter lights is configured to light up to signal which compartment of the plurality of compartments to place an item to be shipped. Peck is directed to a system for picking and putting items based upon light identification. (Peck, abstract; para 0022-23, “The transformable mobile unit can be in communications with and receive instructions from a local server. The local server can be in communications with and receive instruction from a facility server. [0023] The invention can include a stationary unit having a stationary unit light bar controller connected to stationary unit light bar for indicating the location of an item on the stationary unit to be picked; a digitally transformable mobile unit having a mobile unit computer and a mobile unit light bar controller, wherein the stationary unit light bar controller is in electronic communication with the mobile unit light bar controller; a set of transformable mobile unit computer readable instructions included with the digitally transformable mobile unit that can digitally transform the mobile unit from a mobile unit configuration to a stationary unit configuration and can (a) direct a user to a particular stationary unit and actuate the mobile unit light bar to identify a location on the digitally transformable mobile unit where the item picked from the stationary unit is to be placed on the digitally transformable mobile unit, when in the mobile unit configuration, and can (b) actuate the mobile unit light bar to identify the location of an item on the digitally transformable mobile unit to be picked when in the stationary unit configuration; and, a second mobile unit in communications with the digitally transformable mobile unit in the stationary unit configuration and having a second mobile unit computer, a second mobile unit light bar, and a set of second mobile unit computer readable instructions for actuating the second mobile unit light bar to identify the location on the second mobile unit where an item picked from the digitally transformable mobile unit in the stationary unit configuration is to be placed.”) Regarding Claim 2, Peck discloses the system of claim 1. wherein the plurality of compartments comprises at least one of a shelf, a shelf slot, a box, a tote, and a box positioned on a shelf. See Peck Fig.12 Regarding Claim 3, Peck discloses the system of claim 1. wherein each sorter light of the plurality of sorter lights is associated with a respective compartment of the plurality of compartments so that one of the plurality of sorter lights is associated with a respective one of the plurality of compartments. See Peck fig.2 Regarding Claim 4, Peck discloses the system of claim 1. wherein the plurality of compartments comprises a plurality of boxes; wherein each box of the plurality of boxes is positioned on a shelf of a plurality of shelves; wherein each sorter light of the plurality of sorter lights is positioned on one of the plurality of shelves; and wherein each sorter light of the plurality of sorter lights is associated with a respective box of the plurality of boxes so that one of the plurality of sorter lights is associated with a respective one of the plurality of boxes. See Peck fig.2 Regarding Claim 5, Peck discloses the system of claim 1. wherein the at least one controller generates the control signals based upon sorter scans from a handheld device coupled thereto. (Peck, para 0077, “[0077] Put wall processing can be a two-phase process in which a wave of orders is downloaded from a facility server and during a phase one, items are picked in aggregate by SKU for an entire wave of orders from a large picking area containing unpopular, slow moving, infrequently picked items. During a phase two process, these items are scanned and light bars adjacent to slots on a put wall are illuminated indicating where items are to be put.”; para 0034, “[0049] Referring to FIG. 2, each mobile unit 30 can include a storage area 32. The storage area can include shelves, partitions, or containers, such as totes or boxes, that can be removed from the mobile unit. A mobile unit computer 34 can be affixed to the mobile unit or removably attached to the mobile unit and can remain in wired or wireless electronic communications with various mobile unit components. The mobile unit computer can include a transceiver integrated into the mobile unit computer, or the mobile unit light bar controller or it can be in electronic communications through connection 38 to an external transceiver 40.”) Regarding Claim 6, Peck discloses the system of claim 5. further comprising a mobile application to be ran by the handheld device and to emit commands based upon the sorter scans. (Peck, para 0057, “[0057] An audio module can be included in the mobile unit computer 34 or otherwise included in the mobile unit to enable audio commands or instructions to be directed to the worker. Sample commands and instructions can include: “Stop”, “Done”, “Scan”, “Pick”, “Incorrect Item”, “Move On”, and the like. The audio instructions can be in multiple languages. The mobile unit light bar controller can send a “poll” command to a target stationary unit light bar controller and when the mobile unit is in close proximity to the target stationary unit for stationary unit light bar controller to receive the command, the stationary unit light bar controller can reply to the poll, thus in one embodiment allowing the mobile unit computer to verbally direct the worker to “STOP.” After a worker has picked the required item(s) and placed it/them into indicated partitions or containers on a mobile unit, the worker can be directed (by using the location of the mobile unit and the traversal sequence of items to be picked) to the next item picking location and be notified of the quantity to pick.”) Regarding Claim 7, Peck discloses the system of claim 5. further comprising a graphical user interface (GUI) configured to be ran and displayed by the handheld device to display suggestions of what sort to complete next. (Peck para 0089, “The worker can be provided instructions and can enter input using display 194 which can be a touch screen. The audio module can be integrated into the mobile unit computer.”) Regarding Claim 8, Peck discloses the system of claim 7. wherein the GUI is configured to at least one of filter orders, accept replacement items for orders, display monitored sorting activity, and display a current state of each compartment of the plurality of compartments. (Peck , para 0058, “Audio information can also be provided to a worker to indicate the pick location, quantity to pick, and location to put the item on the mobile unit. The mobile unit computer can display a picture of the item to be picked, its location, and the quantity on the mobile unit computer display.”; para 0059, “When sufficient item(s) are picked and placed on the mobile unit from this initial location, the mobile unit computer can inform the worker that the worker should move the mobile unit to the next location by visual instructions, audio instructions or both. Visual instructions can be displayed on the mobile unit computer display or on a light assembly display and audio instructions can be provided by the audio module. The worker can move the mobile unit in direction 74 until a visual or audio instruction indicates a stopping point at location 76. The worker can then be instructed to pick item(s) from shelf 73 and placed them on the mobile unit. The proper light bar on the stationary unit can illuminate or otherwise indicate the item(s) to be picked as the mobile unit approaches the location of the item(s) on the stationary unit containing the item(s). The worker can then be instructed to move the mobile unit to location 78.”) Regarding Claim 10, Peck discloses the system of claim 1. wherein each sorter light of the plurality of sorter lights is coupled to at least one other sorter light of the plurality of sorter lights to define a chain of sorter lights. Peck discloses that lights could be arranged in the form of a bar of lights. (Peck, abstract). The examiner interprets this to be a chain of lights. Regarding Claim 12, a plurality of sorter lights; a plurality of shelves; a plurality of boxes; and at least one controller to generate control signals for the plurality of sorter lights; wherein each sorter light of the plurality of sorter lights and each box of the plurality of boxes are positioned on a shelf of the plurality of shelves; wherein each sorter light of the plurality of sorter lights is associated with a respective box of the plurality of boxes so that one of the plurality of sorter lights is associated with a respective one of the plurality of boxes; and wherein each sorter light of the plurality of sorter lights is configured to light up responsive to the control signals. See prior art rejection of claim 1,2,3 Regarding Claim 13,14,15,16, See prior art rejection of claim 5,6,(7 and 8), (9 and 10) Regarding Claim 17, a plurality of sorter lights; a plurality of compartments; and at least one controller to generate control signals; wherein each sorter light of the plurality of sorter lights is positioned at least one of on and adjacent to one compartment of the plurality of compartments and is coupled to at least one other sorter light of the plurality of sorter lights to define a chain of sorter lights; and wherein each sorter light of the chain of sorter lights is configured to light up, responsive to the control signals, to signal which compartment of the plurality of compartments to place an item to be shipped. See prior art rejection of claims 1, 10 Regarding Claim 18, wherein the plurality of compartments comprises at least one of a shelf, a shelf slot, a box, a tote, and a box positioned on a shelf; and See prior art rejection of claim 2 wherein each sorter light of the chain of sorter lights is associated with a respective compartment of the plurality of compartments so that one sorter light of the chain of sorter lights is associated with a respective one of the plurality of compartments. See prior art rejection of claim 3 Regarding Claim 19, wherein the plurality of compartments comprises a plurality of boxes that are each positioned on a shelf of a plurality of shelves; See prior art rejection of claim 2. wherein each sorter light of the chain of sorter lights is positioned on one of the plurality of shelves; and wherein each sorter light of the chain of sorter lights is associated with a respective box of the plurality of boxes so that one sorter light of the chain of sorter lights is associated with a respective one of the plurality of boxes. See prior art rejection of claim 4. Regarding Claim 20, wherein the at least one controller generates the control signals based upon sorter scans from a handheld device coupled thereto; and See prior art rejection of claim 6 wherein the handheld device runs a mobile application to emit commands based upon the sorter scans; and wherein the system further comprises a graphical user interface (GUI) configured to be ran and displayed by the handheld device to display suggestions of what sort to complete next; See prior art rejection of claim 7 wherein the GUI is configured to at least one of filter orders, accept replacement items for orders, display monitored sorting activity, and display a current state of each compartment of the plurality of compartments. See prior art rejection of claim 8 Claims 21-25 are rejected under 35 U.S.C. 102a1 as being anticipated by Peck 20210276804 hereinafter Peck2 Regarding Claim 21, a plurality of shipper lights; a plurality of compartments; and at least one controller to generate control signals for the plurality of shipper lights; wherein each shipper light of the plurality of shipper lights is configured to light up responsive to the control signals. Peck2 is directed to a put wall with an information light bar. (Peck2, abstract). Peck2 discloses that compartments in the put wall may be illuminated when they are ready to ship. (Peck, para 0038, “[0038] Referring to FIG. 2B, the worker can select items 30 from a variety of sources including, shelves, containers, cartons, totes, pallets, zones, racks, or carts 28 and place the items in a slot associated with an order. When all items required for a set of items or order have been put into a slot, the indicator 32 (FIG. 2C), actuated by the light controller 26 on the rear of the put wall, can be illuminated to inform the worker that the set of items in that opening is complete and the items 30 can be removed from the opening and placed in a shipping container 34.”) Regarding Claim 22, Peck discloses the system of claim 21. wherein the plurality of compartments comprises at least one of a shelf, a shelf slot, a box, a tote, and a box positioned on a shelf. See prior art rejection of claim 21. Regarding Claim 23, Peck discloses the system of claim 21. wherein each shipper light of the plurality of shipper lights is associated with a respective compartment of the plurality of compartments so that one of the plurality of shipper lights is associated with a respective one of the plurality of compartments. See prior art rejection of claim 21. Regarding Claim 24, Peck discloses the system of claim 21. wherein the control signals cause at least one shipper light of the plurality of shipper lights to light up to indicate that at an order is ready to be shipped. See prior art rejection of claim 21. Regarding Claim 25, Peck discloses the system of claim 24. wherein each shipper light of the plurality of shipper lights is associated with a respective compartment of the plurality of compartments so that one of the plurality of shipper lights is associated with a respective one of the plurality of compartments; wherein the order comprises at least one item carried by the compartment of the plurality of compartments associated with the shipper light of the plurality of shipper lights caused to light up. See prior art rejection of claim 21. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 9,11 are rejected under 35 U.S.C. 103 as being unpatentable over Peck in view of Peck22 Regarding Claim 9, Peck discloses the system of claim 1. wherein the control signals cause one of the plurality of sorter lights to light up to signal which compartment of the plurality of compartments to place an item to be shipped. See prior art rejection of claim 21 regarding Peck2. (Peck2, para 0046, “[0046] When all required items have been placed into a slot, an order completion indicator on the rear of the slot or otherwise on the put wall and may be actuated, signifying all items required for the order have been placed into the slot. One or more packing workers on the rear side of the put wall can each have a scanner with an identifier associated with the scanner (e.g., a number or a color dot such as red, blue, green, etc.). This identifier may be used to make the association between the slot and packer allowing the packer to know which slot has items to retrieve and place into a container. The packer identifies (e.g., using the packer's scanner indicator number or color) the slot having the same or associated light bar indicator (e.g., red) where the packer is to retrieve items. A light assembly associated with the scanner can also include a container identifier indicating which container has been determined by the computer readable instructions to be best suited for packing the contents of the identified slot with the goal of minimal wasted space.”) It would have been obvious to one of ordinary skill in the art before the filing date of the invention to combine Peck with the shipping signal of Peck2 with the motivation of packing complete shipments. Id. Regarding Claim 11, Peck discloses the system of claim 1. further comprising a plurality of shipper lights; wherein the at least one controller generates control signals for the plurality of shipper lights. See prior art rejection of claim 9. Conclusion Relevant art not relied on but made of record include “Light-Directed LP Pack “Put-to-Store” Replenishment System for Retailers”, 2015, https://matthewsautomation.com/light-directed-lp-pack-put-to-store-replenishment-system-for-retailers-featured-at-promat-2015/ Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLEN C CHEIN whose telephone number is (571)270-7985. The examiner can normally be reached Monday-Friday 8am -5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Florian Zeender can be reached at (571) 272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALLEN C CHEIN/Primary Examiner, Art Unit 3627
Read full office action

Prosecution Timeline

Mar 12, 2025
Application Filed
Jul 21, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
45%
Grant Probability
85%
With Interview (+40.0%)
3y 9m (~2y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 443 resolved cases by this examiner. Grant probability derived from career allowance rate.

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