DETAILED ACTION
This non-final Office action is in response to Applicant’s patent application filed on 6/5/2025. An action on the merits follows.
Claims 1-30 are pending in the application.
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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed.
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 limitation “driverless transport vehicle" of claim 4 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 limitation “articulated robot" of claims 12 and 13 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. No new matter should be added.
Claim Objections
Claims 8 and 10 are objected to because of the following informalities:
In claim 8, “the first manipulation unit” should recite “the first container manipulation unit”.
Claim 10 is objected for depending on one of the above claims.
Appropriate correction(s) is/are required. No new matter should be added.
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 1-30 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 pre-AIA the applicant regards as the invention.
Regarding claims 1, 3 16-19, 22-26, 28 and 30, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In order to prosecute the application, Examiner assumes the limitations following “in particular” are not required.
Regarding claims 7 and 26, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In order to prosecute the application, Examiner assumes the limitations following “preferably” are not required.
Regarding claims 5 and 13, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In order to prosecute the application, Examiner assumes the limitations following “optionally” are not required.
Claim 10 recites the limitations “the first swivel unit” and “the second swivel unit”. There is insufficient antecedent basis for these limitations in the claim.
Regarding claim 1, the limitation “the transfer container (4) has a base (41), a receiving opening opposite the base (41), side walls (42a, 42b) protruding from the base (41) and delimiting the receiving opening, and a dispensing opening (43), and, in particular, which is configured such that a dispensing container (S) can be received between the side walls (42a, 42b)” is vague and unclear because it is unclear what element “which” is referring to. Specifically, it is unclear if “which” is referring to the transfer container or the dispensing opening in the transfer container. In order to prosecute the application, Examiner assumes “which” is referring to the transfer container
Regarding claim 13, the limitation “a second container manipulation unit” in combination with “a second container manipulation unit” of claim 5 (claim 13 depends on claim 5) is vague and unclear because it is unclear if the two limitations of “second container manipulation unit” are the same or different. In order to prosecute the application, Examiner assumes the two limitations are the same.
Regarding claim 22, the limitation “transfer device (1), in particular using a transfer device (1) according to one of claims 1” in combination with “a dispensing container”, “a first provisioning device”, “a second provisioning device”, etc. is vague and unclear because the transfer device of claim 1 already has these elements. Therefore it is unclear if the Applicant is referring to the same elements as the device in claim 1 or if the Applicant is adding additional limitations. In order to prosecute the Application, Examiner assumes the two sets of limitations are the same.
Claim 22 (a method claim) depends on claim 1 (an apparatus claim) making the claim indefinite. Specifically, claim 22 is claiming two statutory categories (method and apparatus). Therefore, it is unclear when infringement of claim 22 occurs. Is it when apparatus structure is taught, when the method steps are taught, or when both apparatus structure and method steps are taught? See MPEP 2173.05(p) II. In order to prosecute the application, Examiner assumes only structure is required for anticipation.
Any remaining claims are rejected for depending on a rejected claim.
Claim Rejections - 35 USC § 102
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 1-29 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by USPGP# 20240262629 of Rea et al. (henceforth Rea).
*All claims rejected under 112b/second para are as best understood.
Regarding claim 1, Rea teaches
A transfer device (10) for reloading an article (O) from a dispensing container (C) into a receiving container (S), in particular into a shipping box (S)
- a first provisioning device (21, 61) with a first provisioning location (location near 22 as shown in fig. 2) for the provision of a dispensing container (C),
- a second provisioning device (11, 12, 15, 49) with a second provisioning location (Z) for the provision of a receiving container (S),
- a transfer container (22, 40) for the interim receipt of the article (O), and
- a container manipulation device (30, 34, 37, 51) for handling the transfer container (22, 25) and the dispensing container (C),
wherein
the transfer container (22, 25) has a base (31), a receiving opening (see annotated fig. 5) opposite the base, side walls (32) protruding from the base (see fig. 5) and delimiting the receiving opening, and a dispensing opening (bottom opening in 32, see annotated fig. 5), and, in particular, which is configured such that a dispensing container can be received between the side walls (see fig. 5), and
the container manipulation device is configured
- to put the transfer container over a dispensing container containing an article provided by the first provisioning device (fig. 3) and to turn the transfer container together with the dispensing container such that the article is dispensed from the dispensing container into the transfer container (figs. 4-5, article O in transfer container 40),
- to remove the dispensing container from the transfer container (¶ 0155), and
- to move the transfer container such that the article is emptied from the transfer container through the dispensing opening and is dispensed into a receiving container provided by the second provisioning device (¶ 0145).
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Regarding claim 2, as shown in claim 1, Rea teaches
a clamping device (33) that is configured to secure the dispensing container in the transfer container (¶ 0081).
Regarding claim 3, as shown in claim 1, Rea teaches
wherein the transfer container is arranged or is positionable next to the first provisioning location (see fig. 2) and/or next to the second provisioning location (see fig. 2), in particular between the first and second provisioning location (see fig, 2).
Regarding claim 4, as shown in claim 1, Rea teaches
wherein the transfer container is arranged in a stationary manner (¶ 0079, 22 is fixed with lateral walls 27 and ¶ 0088, 40 is fixed on uprights 35) or
Regarding claim 5, as shown in claim 1, Rea teaches
wherein the container manipulation device has a first container manipulation unit (30, ¶ 0079, 0155 and 37, ¶0091) for handling the transfer container and optionally a second container manipulation unit (34, ¶ 0155) for handling the dispensing container.
Regarding claim 6, as shown in claim 5, Rea teaches
wherein the first container manipulation unit has a support structure (27, 35, see fig. 3), on which the transfer container - is swivel-mounted about a first swivel axis (X) in order to put the transfer container over the dispensing container (see fig. 3), and - is swivel-mounted about a second swivel axis (Y), in order to tilt the transfer container and dispense an article from the transfer container (¶ 0145).
Regarding claim 7, as shown in claim 6, Rea teaches
wherein the second swivel axis is aligned parallel to the dispensing opening (see fig. 3), wherein the dispensing opening preferably extends along one side of the transfer container (42, back side, see annotated fig. 5).
Regarding claim 8, as shown in claim 6, Rea teaches
wherein the first manipulation unit - comprises a first swivel drive (37) to swivel the transfer container about the first swivel axis (X), and/or - comprises a second swivel drive (30) to swivel the transfer container about the second swivel axis (Y).
Regarding claim 9, as shown in claim 6, Rea teaches
wherein the first container manipulation unit has a swivel frame (inherent machine frame) that comprises a first swivel unit (31) and a second swivel unit (see annotated fig. 5), wherein the first swivel unit is connected with the transfer container and is swivel-mounted about the first swivel axis (X) on the second swivel unit, and wherein the second swivel unit is swivel-mounted about the second swivel axis (Y) on the support structure (35).
Regarding claim 10, as shown in claim 8, Rea teaches
wherein the first container manipulation unit comprises a first rotating shaft (output shaft of 30) extending along the first swivel axis (X) and a second rotating shaft (output shaft of 37) extending along the second swivel axis (Y), wherein the first rotating shaft is connected with the first swivel unit (31), is swivel-mounted on the second swivel unit and is drivable by the first swivel drive (30), and wherein the second rotating shaft (output shaft of 37) is connected with the second swivel unit (see annotated fig. 5), is swivel-mounted on the support structure (35) and is drivable by the second swivel drive (37).
Regarding claim 11, as shown in claim 1, Rea teaches
wherein the container manipulation device has a gripping unit (33) that is configured to receive the dispensing container (C)
Regarding claim 12, as shown in claim 1, Rea teaches
wherein the container manipulation device comprises a gantry robot or an articulated robot (anyone of 30, 34, 37, 51 can be considered an articulated robot).
Regarding claim 13, as shown in claim 5, Rea teaches
wherein the container manipulation device has a second container manipulation unit (34) for handling the dispensing container and optionally is configured as a gantry robot or articulated robot (34 can be considered an articulated robot since it automatically/robotically perform the articulation to move the container C).
Regarding claim 14, as shown in claim 1, Rea teaches
wherein the first provisioning device comprises a conveying device (21) that is configured to transport the dispensing container to the first provisioning location and provide the dispensing container there (¶0074).
Regarding claim 15, as shown in claim 1, Rea teaches
wherein the second provisioning device comprises a conveying device (15) that is configured to transport the dispensing container away from the second provisioning location (¶0070).
Regarding claim 16, as shown in claim 1, Rea teaches
wherein the second provisioning device comprises a spreading unit (11) that is configured to spread the receiving container (¶0066),
Regarding claim 17, as shown in claim 1, Rea teaches
wherein the second provisioning device comprises a closing device (12) that is configured to close the receiving container (¶0066).
Regarding claim 18, as shown in claim 1, Rea teaches
wherein the second provisioning device has a filling element (49), in particular a hopper (49), that is configured to guide the article from the transfer container into the receiving container (see figs. 3-5).
Regarding claim 19, as shown in claim 1, Rea teaches
a computer system (20, 101) that is configured to calculate a space requirement of the article in the receiving container based on the article in the dispensing container (¶0135 and ¶0132), in particular based on dimensions of the article in the dispensing container (¶0135).
Regarding claim 20, as shown in claim 19, Rea teaches
wherein the first provisioning device comprises a camera system (61) to capture an image of the article in the dispensing container (¶0099), wherein the computer system is configured to receive and analyze a captured image in order to calculate the space requirement of the article in the receiving container ((¶0135 and ¶0132).
Regarding claim 21, as shown in claim 19, Rea teaches
wherein the second provisioning device is configured to receive a calculated space requirement from the computer system and to provide a receiving container with a filling volume corresponding to the space requirement ((¶0135 and ¶0132).
Regarding claim 22, as shown in claim 1, Rea teaches
A method for reloading an article (O) from a dispensing container (C) into a receiving container (S) using a transfer device (10), according to claim 1 (see claim 1), comprising the steps:
i) providing a dispensing container (C) containing an article (O) at the transfer device (10) using a first provisioning device (221, 61) at a first provisioning location (location near 22 as shown in fig. 2);
ii) putting a transfer container (22, 40) over the provided dispensing container (C) using a container manipulation device (30, 34, 37, 51, see figs. 3-5);
iii) turning of the transfer container together with the dispensing container using the container manipulation device (see figs. 3-5), wherein the article is dispensed from the dispensing container into the transfer container (see figs. 3-5);
iv) removing the dispensing container from the transfer container using the container manipulation device (¶0155);
v) providing a receiving container (S) at the transfer device using a second provisioning device (11, 12, 15, 49) at a second provisioning location (Z, fig. 2);
vi) positioning the transfer container using the container manipulation device in such a way that the article is emptied from, in particular tipped out of, the transfer container through a dispensing opening (see annotated fig. 5) of the transfer container, and is dispensed into the receiving container (see figs. 3-5).
Regarding claim 23, as shown in claim 22, Rea teaches
wherein during step iii) the dispensing container is secured, in particular fixed, in the transfer container by a clamping device (33) of the transfer device, in particular using clamping elements (33) of the clamping device (¶0081).
Regarding claim 24, as shown in claim 22, Rea teaches
wherein in step ii) the transfer container is swiveled about a first swivel axis (X) and/or in step vi) the transfer container is swiveled about a second, in particular stationary, swivel axis (Y).
Regarding claim 25, as shown in claim 22, Rea teaches
wherein in step i) the dispensing container is transported to the transfer device (fig. 2),
Regarding claim 26, as shown in claim 22, Rea teaches
wherein in that in step v) the receiving container (S), (11, ¶0066).
Regarding claim 27, as shown in claim 22, Rea teaches
further comprising the step: vii) closing the receiving container after the article has been dispensed into the receiving container (at 12, ¶0066).
Regarding claim 28, as shown in claim 22, Rea teaches
wherein in step i) a space requirement of the article in the receiving container is calculated using a computer system (20, 101) based on the article in the dispensing container (¶0132 and ¶0135), in particular based on dimensions of the article in the dispensing container (¶0132 and ¶0135), and in step v) a receiving container with a filling volume corresponding to the space requirement is provided (¶0132 and ¶0135).
Regarding claim 29, as shown in claim 22, Rea teaches
wherein the transfer container has a base (31), a receiving opening opposite the base (see annotated fig. 5), side walls (32) protruding from the base (see fig. 5) and delimiting the receiving opening, and the dispensing opening (bottom opening in 32, see annotated fig. 5), and is configured such that a dispensing container (C) is received between the side walls if the transfer container has been put over the dispensing container (see figs. 3-5).
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 30 is rejected under 35 U.S.C. 103 as being unpatentable over Rea in view of USPGP# 20210024298 of Doppler et al. (henceforth Doppler).
*All claims rejected under 112b/second para are as best understood.
Regarding claim 30, as shown in claim 1, Rea teaches
- a transfer device (10) for reloading articles from dispensing containers into receiving containers (¶0069-0070), in particular shipping containers (S), the transfer device according to claim 1 (see claim 1 above).
Rea does not teach
An order-picking system (100) for picking articles (W) according to picking orders, comprising
- an article storage (110) for storing articles (W) in storage containers (U),
- a picking station (120) for reloading articles (W) from storage containers (U) into dispensing containers (S), in particular picking containers,
- an automatic first conveying device (101) for transporting storage containers (U) from the article storage (110) to the picking station (120),
- an automatic second conveying device (102) for transporting empty dispensing containers (S) to the picking station (120), and
- an automatic third conveying device (103) for transporting dispensing containers (S) loaded with articles (W) from the picking station (120) to the transfer device (1), and the first provisioning device (2) of the transfer device (1) is configured to receive dispensing containers (S) loaded with articles (W) from the third conveying device (103).
Doppler teaches
An order-picking system (1, 2, 3, 4) for picking articles (“good”) according to picking orders, comprising
- an article storage (1) for storing articles in storage containers (5),
- a picking station (2) for reloading articles from storage containers into dispensing containers (33), in particular picking containers (¶0189),
- a transfer device (41) for transporting dispensing containers (33) to the next station (¶0207)
- an automatic first conveying device (12) for transporting storage containers (5) from the article storage to the picking station (¶0165),
- an automatic second conveying device (42) for transporting empty dispensing containers (33) to the picking station (¶0208, ¶0210), and
- an automatic third conveying device (4, 14, 41) for transporting dispensing containers loaded with articles from the picking station to the transfer device (¶0207)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the transport device of Rea with the addition of an order picking system as taught by Doppler in order to provide the predictable result of automated and reliable retrieval and transfer of objects from storage to final shipping containers (Doppler: ¶0007).
The combination of Rea and Doppler teaches
the first provisioning device (Rea: 21) of the transfer device (Rea: 10) is configured to receive dispensing containers (Rea: C, Doppler: 33) loaded with articles (Rea: O, Doppler: “goods”) from the third conveying device (Doppler: 41, ¶0207, since in Doppler 41 is the output to the next station, and in Rea the first provisioning device 21 is input for the receiving container (final shipping containers), the first provisioning device 21 of Rea of the transfer device 10 of Rea is configured to receive dispensing containers loaded with articles from the third conveying device 41 of Doppler).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOBEEN AHMED whose telephone number is (571) 272-0356. The examiner can normally be reached on M-F (8:30 am to 5 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached on 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M. A./
Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731
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