DETAILED ACTION
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the robotic characters/carriers being mobile between layers (claim 5) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
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, 3-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Multiple claims use the term “robotic characters” but this term does not appear in the specification and it is unclear what it requires. It appears, it maybe a reference to “robotic carriers” which also appears in the claims and throughout the specification. Clarification is necessary.
Claim 1 includes “the one or more robotic carriers comprise a first set of robotic characters deployed on an end of each layer opposite the open end of the mobile container.” This renders the claim unclear as it is not apparent how many carriers/characters are required.
Regarding claim11, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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 –
(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.
Claim(s) 1, 3-7, and 11-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 10,196,208 to Kalm.
Regarding claim 1 Kalm discloses a storage structure for deployment in a mobile container comprising: one or more layers (see figure 3,each horizontal or vertical set can be considered a layer), each layer comprising a plurality of rows for storing a plurality of totes (2 rows per layer, figure 3); one or more robotic carriers (110, 112 and optionally 142) for delivering one or more totes from the storage structure to an open end of the mobile container; wherein the one or more robotic carriers comprise a first set of robotic characters deployed on an end of each layer opposite the open end of the mobile container (see figure 3). It is noted that the claim does not require the mobile container, only that the storage structure can be deployed in such a manner. Kalm is capable of such use/deployment and thus reads on the claim. See MPEP 2114.
Regarding claim 3 Kalm discloses the one or more robotic characters comprise a second set of robotic characters deployed on an end of each layer nearest an open end of the mobile container (110 and 112 are at opposite ends).
Regarding claim 4 Kalm discloses the one or more robotic carriers are mobile within a single layer of the storage structure (totes are moved between adjacent rows in a horizontal layer).
Regarding claim 5 Kalm discloses the one or more robotic characters are mobile between layers of the storage structure (when layers are considered to be vertical stacks of rows the horizontal movement meets this language).
Regarding claim 6 Kalm discloses each robotic carrier is multiple rows wide, each carrier being capable of: removing a tote from a source row of the storage structure; shifting the tote to a destination row the storage structure; and pushing the tote into the destination row (see e.g., figure 3, totes are removed, shifted laterally and then reinserted into the other row).
Regarding claim 7 Kalm discloses shifting a tote from a source row to a destination row comprises moving the tote in a direction orthogonal to a longitudinal line of the row from which the tote was removed and further wherein moving the tote in the orthogonal direction causes passive decoupling of the tote from other totes in the row (col.4 lines 38-50).
Claims 11-19 are entirely functional and recite various potential operations to be carried out by the storage structure. While Kalm discloses some of these operations, it is readily capable of performing them all and thus reads on the claims. It is noted that the claims do not include a controller etc. that would cause the system to carry out the claimed functions. See MPEP 2114.
Claims 20-21 refer to the mobile container but as noted above this limitation is not positively recited (or required) by the claims. Kalm is readily capable of such use/deployment and thus reads on these claims. See MPEP 2114.
Claim Rejections - 35 USC § 103
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, 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.
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kalm in view of US 2022/0009731 to Haid.
Regarding claims 8-9 Kalm discloses all the limitations of the claim except the storage structure interfaces with a stationary storage structure or conveyance system outside of the mobile container and one or more robotic carriers which are part of the stationary storage structure pair with robotic carriers in the first set of robotic carriers.
Haid teaches a system including the storage structure interfaces with a stationary storage structure or conveyance system outside of the mobile container and one or more robotic carriers which are part of the stationary storage structure pair with robotic carriers in the first set of robotic carriers (see figure 8b and para 0070) in order to transfer items between systems/vehicles (para 0070).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of Applicants’ claims to have modified Kalm to include except the storage structure interfaces with a stationary storage structure or conveyance system outside of the mobile container and one or more robotic carriers which are part of the stationary storage structure pair with robotic carriers in the first set of robotic carriers, as taught by Haid, in order to transfer items between systems/vehicles.
Regarding claim 10 the combination teaches all or a portion of the totes stored in the storage structure are delivered to a destination (see Haid at para 0003 and 0057).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional cited references show other instances of systems with similar operating mechanisms for positioning and moving bins/totes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK C HAGEMAN whose telephone number is (571)272-5547. The examiner can normally be reached Mon-Fri 8:15-4:45 (PST).
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, Saul Rodriguez can be reached at 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK C HAGEMAN/Primary Examiner, Art Unit 3652
