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
This communication is responsive to the application Preliminary Amendment filed on 01/28/2025.
Claims 1-15 have been amended.
Claims 1-16 are presented for examination.
References in applicant's IDS form 1449 received on 01/28/2025 and 04/25/2025 have been considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the second paragraph of 35 U.S.C. 112:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-16 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claims 1, 2, 8, 13 and 16 recites "means plus function" limitation that invokes 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for “means of … “
Applicant is required to:
(a) Amend the claim so that the claim limitation will no longer be a means (or step) plus function limitation under 35 U.S.C. 112, sixth paragraph; or
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the claimed function without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant is required to clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification,perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01 (o) and 2181.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Specifically, claims 1-16 are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea.
With respect to Step 2A Prong One of the framework, claim 1 recites an abstract idea. Claim 1 includes elements for “- detecting when a product is picked up by the conveyor by reading out a product tag assigned to the product by means of
- monitoring the loading state of the product on the conveyor
- detecting when the conveyor
- detecting when the product is deposited by the conveyor
- detecting when the conveyor device no longer transporting the product leaves the loading zone by capturing when the geofence region delimiting the loading zone is transcended by
The limitations above recite an abstract idea. More particularly, the elements above recite certain methods of organizing human activity related to managing personal behavior or relationships or interactions between people because the elements describe monitoring product flows in the warehouse to track through conveyor device transporting the produce leaves the loading zone. Further, the elements above recite mental processes because the elements describe observations or evaluations that could be practically performed in the mind or by using pen and paper. As a result, claim 1 recites an abstract idea under Step 2A Prong One.
Claims 16 include substantially similar limitations to those included with respect to claim 1. As a result, claims 16 recite an abstract idea under Step 2A Prong One for the same reasons as stated above with respect to claim 1.
Claims 2-15 further describe the process for selecting and viewing organizational information and further recite certain methods of organizing human activity and/ mental processes for the same reasons as stated above. As a result, claims 2-15 recite an abstract idea under Step 2A Prong One.
With respect to Step 2A Prong Two of the framework, claim 1 does not include additional elements that integrate the abstract idea into a practical application. Claim 1 includes additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements include a computing device and means of and a step for gathering information. When considered in view of the claim as a whole, the additional elements do not integrate the abstract idea into a practical application because the computing device amounts to no more than a general computing component that is used as a tool to perform the recited abstract idea, and the step for gathering information is an insignificant extra solution activity to the recited abstract idea. As a result, claim 1 does not include any additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
As noted above, claim 16 includes substantially similar limitations to those included with respect to claim 1, when considered in view of the claim as a whole, do not integrate the abstract idea into a practical application because the additional elements amount to no more than general computing components that are used as a tool to perform the recited abstract idea. As a result, claim 16 do not include any additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
Claims 2-14 do not include any additional elements beyond those included with respect to the claims from which claims 2-14 depend. As a result, claims 2-14 do not include any additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two for the same reasons as stated above.
With respect to Step 2B of the framework, claim 1 does not include additional elements amounting to significantly more than the abstract idea. As noted above, claim 1 includes additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements include a computing device and a step for gathering information. The additional elements do not amount to significantly more than the recited abstract idea because the additional elements the computing device amounts to no more than a general computing component that is used as a tool to perform the recited abstract idea, and the step for gathering information is a well-understood, routine, and conventional computer function in view of MPEP 2105.06(d)(II). Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, claim 1 does not include any additional elements that amount to significantly more than the recited abstract idea under Step 2B.
As noted above, claim 16 include substantially similar limitations to those included with respect to claim 1 includes a processor and memory, the additional elements do not amount to significantly more than the recited abstract idea because the additional elements amount to no more than general computing components that are used as a tool to perform the recited abstract idea. Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, claim 16 do not include any additional elements that amount to significantly more than the recited abstract idea under Step 2B.
Claims 2-14 do not include any additional elements beyond those included with respect to the claims from which claims 2-14 depend. As a result, claims 2-14 do not include any additional elements that amount to significantly more than the recited abstract idea under Step 2B for the same reasons as stated above.
Therefore, the claims are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea. Accordingly, claims 1-16 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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 (i.e., changing from AIA to pre-AIA ) 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 –
Claims 1-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ueda “US 11,194,976 B2” (Ueda).
Regarding Claims 1 and 16: A method for monitoring product flows, in particular at least within a warehouse, with at least one product receiving unit, which provides a storage space for a temporary accommodation of products, and with at least one conveyor device, in particular a floor conveyor device, which is movable at least within the warehouse and is configured for transporting products at least within the warehouse and/or carrying out a process of loading products into the product receiving unit and/or a process of unloading products from the product receiving unit, wherein at least the following steps are carried out in order to detect a completed loading process (at least see Ueda Abstract; Fig. 9; 3:15-29):
- detecting when a product is picked up by the conveyor device by reading out a product tag assigned to the product by means of a reader assigned to the conveyor device (at least see Ueda Abstract; Fig. 6; 6:50-58),
- monitoring the loading state of the product on the conveyor device by repeated or continuous reading out of the product tag assigned to the product by means of the reader assigned to the conveyor device (at least see Ueda Abstract; Fig. 7; 6:553-67 and 7:1-25),
- detecting when the conveyor device transporting the product enters a loading zone of the product receiving unit by capturing when a geofence region delimiting the loading zone is transcended by means of a conveyor device tag assigned to the conveyor device and/or by means of a product receiving unit tag assigned to the product receiving unit (at least see Ueda Abstract; 10:46-62),
- detecting when the product is deposited by the conveyor device by virtue of no longer being able to read out the product tag assigned to the product by means of the reader assigned to the conveyor device (at least see Ueda Abstract; 8:52-67 and 9:1-6), and
- detecting when the conveyor device no longer transporting the product leaves the loading zone by capturing when the geofence region delimiting the loading zone is transcended by means of the conveyor device tag assigned to the conveyor device and/or by means of the product receiving unit tag assigned to the product receiving unit (at least see Ueda Abstract; 10:46-62).
Regarding Claim 2: The method as claimed in the preamble of claim 1, in particular as claimed in claim 1, wherein at least the following steps are carried out in order to detect a completed unloading process:
- detecting an availability of a loading area of the conveyor device by a lack of a readable product tag in a readout region of a reader assigned to the conveyor device,
- detecting when the conveyor device enters a loading zone of the product receiving unit by capturing when a geofence region delimiting the loading zone is transcended by means of a conveyor device tag assigned to the conveyor device and/or by means of a product receiving unit tag assigned to the product receiving unit (at least see Ueda 10:46-51),
- detecting when a product is picked up by the conveyor device by reading out the product tag assigned to the product by means of the reader assigned to the conveyor device (at least see Ueda Fig. 2; 35),
- detecting when the conveyor device transporting the product leaves the loading zone by capturing when the geofence region delimiting the loading zone is transcended by means of the conveyor device assigned to the conveyor device and/or by means of the product receiving unit tag assigned to the product receiving unit (at least see Ueda Figs. 6-7).
Regarding Claim 3: The method as claimed in claim 1 wherein the conveyor device tag and the product receiving unit tag communicate with each other via an ultra-wideband radio technology (at least see Ueda Fig. 3; 12:50-65; note: “(41) The RFID reader 30 is provided on the forks 13 of the forklift truck 10. The RFID reader 30 transfers radio wave to the RFID tag 35 and reads the reflected signal returned from the RFID tag 35. The RFID reader 30 transfers the radio wave to the RFID tag 35 when the gravimetric sensor 15 has detected that the load L.sub.T is held by the forklift truck 10.”).
Regarding Claim 4: The method as claimed in claim 3, wherein the ultra-wideband radio technology is used at least to determine a relative position between the conveyor device and the product receiving unit, such that in particular the geofence region is monitored (at least see Ueda 12:50-65).
Regarding Claim 5: The method as claimed in claim 1, wherein when the product tag is read out by the reader of the conveyor device, the product is bijectively identified and, in particular, at least one item of product information relating to the product is read out (at least see Ueda 3:47-67).
Regarding Claim 6: The method as claimed in claim 5, wherein the conveyor device tag and the product receiving unit tag communicate with each other via an ultra-wideband radio technology, and wherein, at least during the loading process, the product information relating to the loaded product, as identified by the reader, and/or a product ID of the loaded product, as identified by the reader, are/is transmitted to the product receiving unit and/or to an external system, such as an enterprise resource-planning system, using ultra-wideband radio technology or via a further interface using a radio technology that differs from ultra-wideband radio technology (at least see Ueda 5:40-56).
Regarding Claim 7: The method as claimed in claim 2, wherein the conveyor device tag and the product receiving unit tag communicate with each other via an ultra-wideband radio technology, and wherein at least during the unloading process, an item of product information relating to the unloaded product, which is stored by the product receiving unit, and/or a product ID of the unloaded product are/is transmitted to the conveyor device and/or to an external system, such as an enterprise resource-planning system, using the ultra-wideband radio technology or via a further interface using a radio technology that differs from the ultra-wideband radio technology (at least see Ueda 12:50-65).
Regarding Claim 8: The method as claimed in claim 3, wherein the process of loading the product receiving unit by means of the conveyor device and/or a process of unloading the product receiving unit by means of the conveyor device is distinguished from the conveyor device passing the product receiving unit by recognizing an orientation of the conveyor device relative to the product receiving unit by means of the ultra-wideband radio technology (at least see Ueda Fig. 1).
Regarding Claim 9: The method as claimed in claim 1, wherein the product receiving unit is realized as a laterally loadable transport container, in particular as a swap body (at least see Ueda Fig. 2; 42).
Regarding Claim 10: The method as claimed in claim 1, wherein the reader of the conveyor device is realized as an RFID reader or an optical scanner, such as a 1D code scanner, a 2D code scanner, or a camera (at least see Ueda Fig. 1).
Regarding Claim 11: The method as claimed in claim 1, wherein, in particular after completion of the loading process or of the unloading process, a connection of the product receiving unit to a carrier vehicle, for example a semitrailer tractor, is detected by virtue of a communication between the product receiving unit tag and a carrier vehicle, in particular using an ultra-wideband radio technology (at least see Ueda Fig. 2; 4).
Regarding Claim 12: The method as claimed in claim 11, wherein a product ID of the product currently present in the product receiving unit, as stored by the product receiving unit, and/or at least one item of product information relating to the product currently present in the product receiving unit are/is transmitted from the product receiving unit to the carrier vehicle, in particular using ultra- wideband radio technology (at least see Ueda Fig. 2; 10; note “(111) In addition, in the above-mentioned embodiment, the communication is performed in the BLE mode by providing the BLE active tags 4 in the warehouse 1 and by providing the BLE communication unit 24 on the vehicle-mounted device 20, thereby locating the position of the forklift truck 10. Instead of this configuration, the position of the forklift truck 10 may be located by performing the communication in, for example, the UWB (Ultra Wide Band) mode. In addition, in the above-mentioned embodiment, although a description has been given of an example in which the BLE active tags 4 are provided in the indoor warehouse 1, for example, the present invention is not limited to this configuration, and even in outdoor, it is possible to locate the position of the mobile body or the operator provided with the vehicle-mounted device 20 as described above by providing the BLE active tags 4 at predetermined positions.”).
Regarding Claim 13: The method as claimed in claim 1, wherein when the conveyor device transporting the product enters the loading zone, a product receiving unit ID, which bijectively identifies the product receiving unit, is transmitted to the conveyor device, whereupon an internal or external database is queried by the conveyor device in order to check whether the product, in particular the product previously identified by means of the reader of the conveyor device, is intended to be loaded into the product receiving unit with this product receiving unit ID (at least see Ueda 1:22-453).
Regarding Claim 14: An apparatus for carrying out a method as claimed in claim 1, comprising at least one reader and a conveyor device tag, each for mounting on a conveyor device, and comprising at least one product receiving unit tag for mounting on a product receiving unit (at least see Ueda Fig. 1).
Regarding Claim 15: A system with the apparatus as claimed in claim 14, with at least one conveyor device and with at least one product receiving unit, in particular a swap body (at least see Ueda Fig. 6).
Relevant Prior Art
The prior art made of record and not relied upon, which is considered pertinent to applicant's disclosure, are cited in the Notice of Reference Cited form (PT0-892).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FATEH M OBAID whose telephone number is (571)270-7121. The examiner can normally be reached Monday-Friday 8:00 A.M to 4:30 P.M.
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, Ryan 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.
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/FATEH M OBAID/Primary Examiner, Art Unit 3627
