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 .
Continuity/reexam data
Parent data
19189715 filed 04/25/2025 is a Continuation of 17513091 , filed 10/28/2021 ,now U.S. Patent # 12314280
17513091 Claims Priority from Provisional Application 63107324 , filed 10/29/2020
Child data
None
Last updated by hsarwari on 05/13/2025 07:32:19
Foreign data
No foreign data information
(*) - Request to retrieve electronic copy of foreign priority from participating receiving offices.
Preliminary Amendment
1. Applicant(s) amend the application as follow:
Claims amended: none
Claims canceled: 1-63
Claims newly added: 64-83
Claims pending: 64-83
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 08/04/2025 and 02/27/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
3. Claims 64-83 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-32 of U.S. Patent No. 12/314,280. Although the claims at issue are not identical, they are not patentably distinct from each other because both applications language include a data collection system for receiving real time date regarding processing at each plurality of object processing system including programmable motion device that is processed to process objects independent of other plurality of object processing system, an analytic processing system that monitor the real time data from the data collection system and adjust the processing objects at one or more of the plurality objects processing system responsive to the real time data; and a graphic display system for displaying the real time data form the analytic processing system regarding the processing of objects at one or more of the plurality of object processing system are records. The differences are, the instant application include a programmable motion device with an attached end-effector and an associated perception system, a destination conveyor, the programmable motion device, the associated perception system the infeed conveyor, and the destination conveyor each including a plurality of operational characteristics and an integration system for integrating the real time data with the aggregated data. On the other hand, 280 includes at least one of: relative changes or anomalies in operation of a subject object processing system of the plurality of object processing systems are identified; the relative changes or anomalies relate to whether objects are successfully grasped by the subject object processing system; and the analytics processing system further includes a predictive alert system for providing proactive alerting of the relative changes or anomalies prior to a processing disruption event. Therefore, it would have been obvious
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 (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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 (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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
4. Claim(s) 64-70 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHANG et al. (Pub. No. US 2022/0292563 A1) in view of Schroader et al. (Pub. No. US 2021/0292100 A1) and further in view of HIRSCH (Pub. No. US 2020/0401125 A1).
1. - 63. Canceled
As to claim 64, (New) ZHANG discloses an object processing system comprising:
a programmable motion device with an attached end-effector and an associated perception system (robot 12) (paragraph 0037);
an infeed conveyor including a portion proximal to the programmable motion device (the mass customization system includes a mobile conveyor (a flexible conveyor) configured to convey components and products and convey them to specific position of each module) (paragraph 0029);
a destination conveyor (the mass customization system includes a mobile conveyor (a flexible conveyor) configured to convey components and products and convey them to specific position of each module) (paragraph 0029);
the programmable motion device, the associated perception system the infeed conveyor, and the destination conveyor each including a plurality of operational characteristics (the first image collection unit may be integrated on the picking robot 12. Under the control of the PLC control system, a mechanical arm of the picking robot arm 12…) (paragraph 0037); and
ZHANG does not disclose an analytics system providing real time analytical data of the plurality of operational characteristics, the analytics system including: a data collection system for receiving real time data regarding processing at each of the programmable motion device, the associated perception system the infeed conveyor, and the destination conveyor and storing aggregated data over a period of time regarding processing at each of the programmable motion device, the associated perception system, the infeed conveyor, and the destination conveyor, an integration system for integrating the real time data with the aggregated data; and a graphic display system for displaying the real time data together with the aggregated data
Schroader an analytics system providing real time analytical data of the plurality of operational characteristics, the analytics system including: a data collection system for receiving real time data regarding processing at each of the programmable motion device, the associated perception system the infeed conveyor, and the destination conveyor and storing aggregated data over a period of time regarding processing at each of the programmable motion device, the associated perception system, the infeed conveyor, and the destination conveyor (a plurality of range sensing photo eye detection in communication with a computer-based conveyor package management…) (paragraph 0066).
However, HIRSCH an integration system for integrating the real time data with the aggregated data; and a graphic display system for displaying the real time data together with the aggregated data (the package sensor 250 rides the conveyor belt and records data and video analyzes it for threshold events, and integrate all into synchronized an output (e.g., simple HTML or MP4 file) that is available for viewing and analysis after the recording session”) (paragraph 0068).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the instant application to modify teaching of Zhang to include an analytics system providing real time analytical data of the plurality of operational characteristics, the analytics system including: a data collection system for receiving real time data regarding processing at each of the programmable motion device, the associated perception system the infeed conveyor, and the destination conveyor and storing aggregated data over a period of time regarding processing at each of the programmable motion device, the associated perception system, the infeed conveyor, and the destination conveyor; an integration system for integrating the real time data with the aggregated data; and a graphic display system for displaying the real time data together with the aggregated data as disclosed by Schroader and HIRSCH in order to provide data delivery service.
As to claim 65 (New), ZHANG discloses the object processing system as claimed in claim 64, wherein the real time data includes data representative of an object being grasped by the end-effector of the programmable motion device (the picking robot 12 picks out the components of the target product…) (paragraph 0035).
As to claim 66 (New), ZHANG discloses the object processing system as claimed in claim 64, wherein the real time data includes data representative of an object being moved by the infeed conveyor (electronic tag) (paragraph 0029).
As to claim 67 (New), ZHANG discloses the object processing system as claimed in claim 64, wherein the real time data includes data representative of an object being moved by the destination conveyor (convey them to specified positions…) (paragraph 0029).
As to claim 68 (New), Schroader discloses the object processing system as claimed in claim 64, wherein the aggregated data includes an average number of objects processed at one of the programmable motion device, the associated perception system the infeed conveyor, and the destination conveyor in a unit of time (paragraph 0005).
As to claim 69 (New), Schroader discloses the object processing system as claimed in claim 64, wherein the real time data includes an assessment of an accuracy of placement of the end-effector when grasping an object (paragraph 0005).
As to claim 70 (New) ZHANG discloses the object processing system as claimed in claim 64, wherein the real time data includes a vacuum pressure at the programmable motion device (robot 12) (paragraph 0035).
5. Claim(s) 71-77 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHANG et al. (Pub. No. US 2022/0292563 A1) in view of Schroader et al. (Pub. No. US 2021/0292100 A1) and further in view of Ikawa et al. (Pub. No. US 2021/0081621 A1) and further in view of HIRSCH (Pub. No. US 2020/0401125 A1).
As to claim 71 (New) ZHANG discloses an object processing system within a warehouse management system comprising:
a programmable motion device with an attached end-effector and an associated perception system (robot 12) (paragraph 0037);
an infeed convey or including a portion proximal to the programmable motion device;
a destination conveyor (the mass customization system includes a mobile conveyor (a flexible conveyor) configured to convey components and products and convey them to specific position of each module) (paragraph 0029);
the programmable motion device, the associated perception system, the infeed conveyor, and the destination conveyor each including a plurality of operational characteristics (the mass customization system includes a mobile conveyor (a flexible conveyor) configured to convey components and products and convey them to specific position of each module) (paragraph 0029).
ZHANG does no disclose an analytics system providing real time data of the plurality of operational characteristics, the analytics system including: a video data collection system for receiving video data regarding processing at each of the programmable motion device, the associated perception system, the infeed conveyor, and the destination conveyor, a video tagging system for associating portions of the video data with each of the plurality of objects being processed at each of the programmable motion device, the associated perception system, the infeed conveyor, and the destination conveyor and for providing object specific video data; an integration system for integrating the object specific video data with the real time data; and a graphic display system for displaying the real time data together with the object-specific video data.
Schroader discloses an analytics system providing real time data of the plurality of operational characteristics, the analytics system including: a video data collection system for receiving video data regarding processing at each of the programmable motion device, the associated perception system, the infeed conveyor, and the destination conveyor (a plurality of range sensing photo eye detection in communication with a computer-based conveyor package management…) (paragraph 0066).
ZHANG does not disclose a video tagging system for associating portions of the video data with each of the plurality of objects being processed at each of the programmable motion device, the associated perception system, the infeed conveyor, and the destination conveyor and for providing object specific video data; an integration system for integrating the object specific video data with the real time data; and a graphic display system for displaying the real time data together with the object-specific video data.
However, Ikawa discloses disclose a video tagging system for associating portions of the video data with each of the plurality of objects being processed at each of the programmable motion device, the associated perception system, the infeed conveyor, and the destination conveyor and for providing object specific video data (when the object is recognized on conveyor, a designated attachment position associated with image information of the object on the conveyor is detected, and the robot is caused to attach the electronic tag to the designated attachment position on the object conveyed on the conveyor based on the designated attachment position and a position of the object) (paragraph 0106).
HIRSCH discloses an integration system for integrating the object specific video data with the real time data; and a graphic display system for displaying the real time data together with the object-specific video data (the package sensor 250 rides the conveyor belt and records data and video analyzes it for threshold events, and integrate all into synchronized an output (e.g., simple HTML or MP4 file) that is available for viewing and analysis after the recording session”) (paragraph 0068).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the instant application to modify teaching of Zhang to include a video tagging system for associating portions of the video data with each of the plurality of objects being processed at each of the programmable motion device, the associated perception system, the infeed conveyor, and the destination conveyor and for providing object specific video data; an integration system for integrating the object specific video data with the real time data; and a graphic display system for displaying the real time data together with the object-specific video data as disclosed by Schroader, Ikawa and HIRSCH in order to provide data delivery service.
As to claim 72 (New) Zhang discloses the object processing system as claimed in claim 71, wherein the real time data includes data representative of an object being grasped by the end-effector of the programmable motion device (robot 12) (paragraph 0035).
As to claim 73, (New) Zhang discloses the object processing system as claimed in claim 71, wherein the real time data includes data representative of an object being moved by the infeed conveyor (mobile conveyor) (paragraph 0042).
As to claim 74 (New) ZHANG discloses the object processing system as claimed in claim 71, wherein the real time data includes data representative of an object being moved by the destination conveyor (mobile conveyor) (paragraph 0042)
As to claim 75 (New) ZHANG discloses the object processing system as claimed in claim 71, wherein the video data includes an active live video of the programmable motion device (the vision-guided smart camera) (paragraph 0041).
As to claim 76 (New) Zhang discloses the object processing system as claimed in claim 71, wherein the real time data includes an assessment of an accuracy of placement of the end-effector when grasping an object (the first collaboration unit 21 complete the assembly of the entire product…) (paragraph 0042).
As to claim 77 (New) Ikawa discloses the object processing system as claimed in claim 71, wherein the real time data includes a vacuum pressure at the programmable motion device (suction) (paragraph 0140).
6. Claim(s) 78-83 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHANG et al. (Pub. No. US 2022/0292563 A1) in view of Schroader et al. (Pub. No. US 2021/0292100 A1) and further in view of Ikawa et al. (Pub. No. US 2021/0081621 A1) and further in view of HIRSCH (Pub. No. US 2020/0401125 A1).
As to claim 78 (New) ZHANG discloses a method of operating an object processing system, the method comprising:
receiving real time data regarding processing at each of a plurality of processing stations
within a warehouse management system (the first image collection unit may collect the image the image…) (paragraph 0037), the plurality of processing stations including at least an infeed conveyor (mobile conveyor) (paragraph 0037), a programmable motion device (robot 12) (paragraph 0037); and a destination conveyor, the plurality of processing stations cooperatively processing a plurality of objects (PCL control system…) (paragraph 0037);
receiving video data from at least one of the plurality of processing stations (a smart camera that cooperates with the collaborative robot and configured to monitor whether the carton caught by collaborative robot….) (paragraph 0028);
monitoring the real time data regarding the processing of objects at one or more of the
plurality of processing stations (a smart camera that cooperates with the collaborative robot and configured to monitor whether the carton caught by collaborative robot….) (paragraph 0028);
ZHANG discloses associating portions of the video data with each of the one or more of the plurality of processing stations corresponding to a selected one of the plurality of objects to provide object specific video data; and displaying the real time data regarding the processing of the selected one of the plurality of objects with the object specific video data.
Ikawa discloses associating portions of the video data with each of the one or more of the plurality of processing stations corresponding to a selected one of the plurality of objects to provide object specific video data (when the object is recognized on conveyor, a designated attachment position associated with image information of the object on the conveyor is detected, and the robot is caused to attach the electronic tag to the designated attachment position on the object conveyed on the conveyor based on the designated attachment position and a position of the object) (paragraph 0106).
HIRSCH discloses associating portions of the video data with each of the one or more of the plurality of processing stations corresponding to a selected one of the plurality of objects to provide object specific video data; and displaying the real time data regarding the processing of the selected one of the plurality of objects with the object specific video data (the package sensor 250 rides the conveyor belt and records data and video analyzes it for threshold events, and integrate all into synchronized an output (e.g., simple HTML or MP4 file) that is available for viewing and analysis after the recording session”) (paragraph 0068).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the instant application to modify teaching of Zhang to include associating portions of the video data with each of the one or more of the plurality of processing stations corresponding to a selected one of the plurality of objects to provide object specific video data and displaying the real time data regarding the processing of the selected one of the plurality of objects with the object specific video data as disclosed by Ikawa and HIRSCH in order to provide information for later retrieval.
As to claim 79 (New) Zhang discloses the method as claimed in claim 78, wherein the real time data includes data representative of the selected one of the plurality of objects being grasped by the programmable motion device (electronic tag) (paragraph 0029).
As to claim 80 (New) ZHANG discloses the method as claimed in claim 79, wherein the real time data includes data representative of an assessment of the grasp of the selected object by the programmable motion device (electronic tag) (paragraph 0029).
As to claim 81 (New) HIRSCH discloses the method as claimed in claim 78, wherein monitoring real time data further comprises identifying relative changes or anomalies in an operation of any of the plurality of processing stations, and displaying the real time data further comprises displaying the relative changes or anomalies (the package sensor 250 rides the conveyor belt and records data and video analyzes it for threshold events, and integrate all into synchronized an output (e.g., simple HTML or MP4 file) that is available for viewing and analysis after the recording session”) (paragraph 0068).
As to claim 82 (New) HIRSCH discloses the method as claimed in claim 81, wherein the relative changes or anomalies relate to whether any one of the plurality of objects is identified at any one of the plurality of processing stations (the package sensor 250 rides the conveyor belt and records data and video analyzes it for threshold events, and integrate all into synchronized an output (e.g., simple HTML or MP4 file) that is available for viewing and analysis after the recording session”) (paragraph 0068) (event records changes).
As to claim 83. (New) HIRSCH discloses the method as claimed in claim 78, wherein the relative changes or anomalies relate to bottlenecks at any one of the plurality of processing stations (the package sensor 250 rides the conveyor belt and records data and video analyzes it for threshold events, and integrate all into synchronized an output (e.g., simple HTML or MP4 file) that is available for viewing and analysis after the recording session”) (paragraph 0068) (sensor records all events including changes or anomalies).
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAOQUOC N TO whose telephone number is (571)272-4041. The examiner can normally be reached Mon-Fri 9AM - 6PM.
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BAOQUOC N. TO
Examiner
Art Unit 2154
/BAOQUOC N TO/Primary Examiner, Art Unit 2154
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