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 .
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 39-40 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.
Claims 39-40 depend from a method claim (38), yet the claim language refers to dependency from a system claim.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 21-31, 34-37 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-7, 9, 11-13, 15-16 and 18-19 of U.S. Patent No. 12,330,875. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims contain the same invention with only minor changes in language of the claimed elements and the differences in wording do not render the scope patentably distinct.
Allowable Subject Matter
Claims 32-33 and 38 allowed.
Claims 39-40 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The prior art of record fails to disclose or render obvious the claimed invention as set forth in claim 32 and subsequent dependent claims. The prior art of record does not disclose or render obvious wherein the order sortation system comprises a first function sortation system arranged above second function sortation system in a vertically stacked configuration.
The prior art of record fails to disclose or render obvious the claimed invention as set forth in claim 33 and subsequent dependent claims. The prior art of record does not disclose or render obvious a total footprint of both the first and second function sortation systems is equal to a footprint needed for one of the first and second function sortation systems.
The prior art of record fails to disclose or render obvious the claimed invention as set forth in claim 38 and subsequent dependent claims. The prior art of record does not disclose or render obvious a method of order fulfillment comprising receiving, at a controller of an order fulfillment system, an order, direct a retrieval mechanism of an article storage and retrieval system to move a storage bin containing a first article required for the order to an output station, the article storage and retrieval system comprising a three-dimensional array of storage spaces from which the articles to be sorted are automatically retrievable by one or more retrieval mechanisms in response to commands, direct one of a human and a robotic arm to load the first article from the storage bin onto a computer controlled vehicle of an order sortation system, the article storage and retrieval system separate from an order sortation system, the order sortation system positioned below the article storage and retrieval system, the order sortation system comprising one or more computer controlled vehicles for transporting and depositing articles to be sorted into a plurality of receptacles in response to commands, determine a first destination receptacle among a plurality of destination receptacles to deliver, with the computer controlled vehicle, the first article based on a destination determined for the first article, direct the computer controlled vehicle to transport and deposit the first article into the first receptacle, wherein the first destination receptacle corresponds with the order and determine when the order is complete.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Patel, Coady and Pankratov further disclose elements of an order fulfillment system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY K ROMANO whose telephone number is (571)272-9318. The examiner can normally be reached Monday - Friday.
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 on 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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/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
/ASHLEY K ROMANO/Examiner, Art Unit 3652
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