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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/08/2025 has been entered.
The rejections are maintained or modified as follows:
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 33 and 34 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Here, claims 33 and 34 cannot be seen as further limiting a parent claim as both claims expressly eliminate climate control and temperature regulating means that were previously claimed, thus broadening instead of further limiting the claimed subject matter.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 of this title, 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.
Claims 1-4, 12-20, 23-24 and 27-32 are rejected under 35 U.S.C. 103 as being unpatentable over Brooks et al. (“Brooks”)(US 10,482,420) in view of Dade et al. (“Dade”)(US 2017/0215620); and Clarke et al. (“Clarke”)(US 2018/0044111 A1).
Brooks (fig. 1-16) teaches a fulfilment centre and method for fulfilling an order of one or more items comprising:
(re: certain elements of claim 1) i) a series of storage containers, each container of the series of storage containers being configured for storing one or more items (fig. 12-13 showing sets of storage containers/lockers; col. 13, ln. 28-col. 14, ln. 28 teaching locker assembly 16 with multiple columns of lockers);
ii) a structure for storage of the one or more storage containers in a stack, said structure configured for one or more load handling devices (fig. 1 showing package storage 14 within facility structure 10 with load handling devices; col. 6, ln. 36-68);
iv)
iv) a door mechanism operable to selectively close the first opening(s) of one or more of the plurality of lockers exterior of the fulfilment centre and the second opening(s) of one or more of the plurality of lockers interior of the fulfilment centre (Id.); and
v) a locking mechanism configured to lock and unlock the door mechanism so as to:
a) prevent access to the interior space of one or more of the plurality of lockers through a respective first opening but to permit access to the interior space of the one or more of the plurality of lockers through the respective second opening; and
b) prevent access to the interior space of one or more of the plurality of lockers through the respective second opening but to permit access to the interior space of the one or more of the plurality of lockers through the respective first opening (col. 7 teaching locking mechanism that requires access code to permit access through first opening and that back door can be in open or “selectively opened” configuration capable of limiting access during order fulfillment; see also col. 13, ln. 44-col. 14, ln. 20 teaching restricting access to second opening while first opening is accessible);
(re: claim 2) wherein the plurality of lockers comprises:
a first locker and a second locker, the first and second lockers being configured for storing one or more items at different temperatures (fig. 1, 12 ,13 showing multiple lockers that are capable of storing items at different temperatures);
(re: claim 3) wherein the first opening and the second opening are at opposing ends of the interior space of each locker of the plurality of lockers (fig. 1);
(re: claim 4) wherein the door mechanism comprises:
an exterior door for closing the first opening(s) of the one or more of the plurality of lockers exterior of the fulfilment centre; and
an interior door for closing the second opening(s) of the one or more of the plurality of lockers interior of the fulfilment centre; and
wherein the locking mechanism is configured to selectively lock the exterior door and the interior door such that the exterior door is locked when the interior door is unlocked and the interior door is locked when the exterior door is unlocked (fig. 1; col. 7 and col. 13, ln. 44-col. 14, ln. 20);
(re: claim 15) i) an access control module for controlling locking and/or unlocking of the locking mechanism to grant or deny access to the interior space of one or more of the plurality of lockers (fig. 2 showing delivery facility control element 42; col. 8, ln. 4+ teaching control system elements for managing access to storage containers);
ii) a local user interface configured for cooperation with the access control module (fig. 12, 13 showing local input devices 32 connected to control system elements in fig. 2; col. 13, ln. 28-44);
iii) a control module operatively coupled to a network including one or more processors and memory storing instructions that when executed by the one or more processors will cause the one or more processors to generate a collection code unique to an order of one or more items and communicate the collection code to the access control module (fig. 2, 16 showing network 66; col. 3, ln. 65-col. 4, ln. 5, col. 5, ln. 5-57; col. 8, ln. 60-col. 9 and col. 15-17 teaching control elements coupled to network(s) and related storage mediums that generate access code for customer retrieving an item; see also col. 13, ln. 28-44 teaching that network includes intranet, internet, a cellular network, etc.); and
iv) a data communication means in cooperation with the control module, said data communication means being configured and adapted to receive the collection code from the control module such that when the collection code is subsequently entered into the local user interface, the access control module will actuate the locking mechanism to permit access to the interior space of one or more of the plurality of lockers (fig. 2 showing communication elements such as transmitter/receiver; col. 11, ln. 15+ teaching that entering of access code into customer input device actuates unlocking mechanism thus access control elements/instructions are inherent);
(re: claim 16) wherein the data communication means is a wireless transmitter/receiver means (fig. 2 near 62; see also fig. 16 and col. 14, ln. 28+);
(re: claim 17) wherein the data communication means is a mobile device or a personal computer (fig. 2 near 32; see also fig. 6-10 showing smart phone screens);
(re: claim 18) wherein the local user interface comprises:
a first input device and a second input device such that the access control module is configured to grant access to one or more of the plurality of lockers by inputting the collection code into the first input device and the second input device (fig. 12 showing multiple input devices for accessing storage units; col. 13, ln. 28-44);
(re: claim 19) wherein the first input device is associated with a sub-group of one or more lockers and the second input device is associated with one or more of the plurality of lockers such that the second input device is shared amongst one or more of the plurality of lockers (fig. 2 and col. 8-9 teaching that all customer input devices are linked with control system to provide access to plurality of lockers; see also fig. 9 teaching color coding of locker sub-groups);
(re: claim 20) wherein the local user interface comprises:
at least one or more of a keyboard, a Bluetooth receiver, an image scanner, a microphone, pointing device, a biometric input device, a face recognition device, an iris recognition device, a retina recognition device, a near field communication reader, a radio frequency identification reader, a linear and/or matrix barcode reader, a payment card reader, a smart card reader, and/or an infra-red reader (fig. 12, 13 near 190; col. 13, ln. 28-44 teaching scanner, keypad, etc.);
(re: claim 23) wherein the control module, in communication with the local user interface, is configured to:
retrieve an identification of one or more items unique to an order and an identification of one or more of the plurality of lockers allocated to store the one or more of the items from a memory device (col. 3, ln. 65-col. 4, ln. 5; col. 5, ln. 5-57 and col. 11 teaching scanning identification tag 30 of a locker to correlate said locker to item being stored therein, wherein a unique collection code is generated that permits access to respective locker when entered);
correlate an identity of the one or more of the plurality of allocated lockers to a corresponding collection code unique to the order (Id.); and
communicate the identity of one or more of the plurality of the allocated lockers to the access control module such that when the corresponding collection code is provided to the access control module via the local user interface the locking mechanism will be actuated to permit access to the one or more of the plurality of allocated lockers (Id.);
(re: claim 24) wherein each of the plurality of lockers comprises:
a label containing an identification code readable by a user interface for establishing the identity of each of the plurality of lockers (fig. 1 showing each locker comprising an identity code 30; col. 7, ln. 14-20).
(re: claims 27-32) The claimed method steps are performed in the normal operation of the combined device described below.
Brooks as set forth above teaches all that is claimed except for expressly teaching
(re: certain elements of claim 1) said structure is a grid framework structure including a plurality of tracks arranged in a grid pattern to form a grid structure configured for one or more load handling devices to move on the grid structure and a plurality of vertical storage columns configured to support the grid structure;
one or more chillers configured to circulate cool air within a temperature-controlled portion defining at least one of a chilled zone and frozen zone within the fulfilment centre;
the door mechanism being positioned such that the interior space of the one or more of the plurality of lockers is cooled by exposure to the cool air through the second openings the second openings being exposed to at least one of the chilled zone and the frozen zone in the interior of the fulfilment centre until one or more items in one or more of the plurality of lockers is collected;
(re: claim 12) wherein one or more of the plurality of lockers comprises:
one or more fans for circulating cool air from at least one of the chilled zone and the frozen zone to the interior space of one or more of the plurality of lockers.
(re: claim 13) wherein at least a portion of the fulfilment centre comprises:
a standalone container controllable to store one or more items at a temperature different to a temperature of the interior of at least a portion of the fulfilment centre;
(re: claim 14) wherein the standalone container is configured to be controllable to store one or more items at a frozen temperature.
Clarke, however, teaches that it is well-known in the order fulfillment arts to configure a storage structure as a grid framework with a plurality of tracks in a grid pattern to achieve a more compact and space efficient structure (fig. 4 showing grid pattern with load handling units located above grid framework; para. para. 4, 7-11, 49, 50 teaching that grid structure allows higher density storage) and to provide climate-controlled elements for the storage bins (fig. 7; para. 17, 43-45, 53, 63, 64 teaching that climate-control systems allow individual container element to be configured to specific contents therein, e.g., heating, cooling, watering or freezing means).
Dade further teaches that it is well-known to integrate climate controls in a storage system to configure different climate zones—either by locker set/partitioned section or by individual locker--to accommodate different order types (Cf. fig. 2(a), 5, 6 and 13 showing storage locker and different temperature requirements for order types therein, e.g., frozen, chilled or ambient; para. 8-11, 14-27, 32-33, 41 teaching climate control elements, such as circulating fan and/or chiller, to improve heat transfer in lockable storage spaces, wherein cooled air can be circulated around, through or directly into locker storage units via specially designed partition walls or tubing and temperature control can be configured by locker set/partitioned sections or by individual storage space).
It would thus be obvious to one with ordinary skill in the art to modify the base reference with these prior art teachings—with a reasonable expectation of success—to arrive at the claimed invention. The rationale for this obviousness determination can be found in the prior art itself as cited above and from an analysis of the prior art teachings that demonstrates that the modification to arrive at the claimed invention would merely involve the substitution/addition of well-known elements (e.g., climate control means such as chiller and circulating fan elements) with no change in their respective functions. Moreover, the use of prior art elements according to their known functions is a predictable variation that would yield predictable results (e.g., benefit produced by known function), and thus cannot be regarded as a non-obvious modification when the modification is already commonly implemented in the relevant prior art. See also MPEP 2143.I (teaching that simple substitution of one known element for another to obtain predictable results is known to one with ordinary skill in the art); 2144.06, 2144.07 (teaching as obvious the use of art recognized equivalences). Further, the prior art discussed and cited demonstrates the level of sophistication of one with ordinary skill in the art and that these modifications are predictable variations that would be within this skill level. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Brooks for the reasons set forth above.
Claims 5-9, 21, 22 and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Brooks, Clarke and Dade (“Brooks et al.”) as applied to the claims above, and further in view of Cheng (US 2021/0370988), Lindbo et al. (“Lindbo”)(US 2018/0319590) and Gil (US 11,703,345).
Brooks et al. as set forth above teach all that is claimed except for expressly teaching
(re: claim 5) wherein the exterior door is configured for closing the first opening of two or more of the plurality of lockers exterior of the fulfilment centre, and/or
the interior door is configured for closing the second opening of two or more of the plurality of lockers from the interior of the fulfilment centre;
(re: claim 6) where the door mechanism comprises:
a bi-directional roller shutter, said bi-directional roller shutter being selectively positionable between:
i) a first position so as to prevent access to the interior space of one or more of the plurality of lockers through the first opening and to permit access to the interior space of one or more of the plurality of lockers through the second opening; and
ii) a second position so as to prevent access to the interior of one or more of the plurality of lockers through the second opening and to permit access to the interior space of one or more of the plurality of lockers through the first opening; and
wherein the locking mechanism is configured for locking the bi-directional roller shutter in the first position or the second position;
(re: claim 7) wherein the bi-directional roller shutter is configured and arranged to be guided along a guide rail or track that extends from the first opening to the second opening such that the bi-directional roller shutter is positionable between the first position or the second position to selectively open the first opening or the second opening in a single operation;
(re: claim 8) wherein the door mechanism comprises:
an outer door mounted exterior of the bi-directional roller shutter;
(re: claim 9) wherein the outer door is lined with thermal insulation such that the outer door is closable to insulate the interior space of one or more of the plurality of lockers;
(re: claim 21) wherein the access control module comprises:
a guidance means configured to guide a user to one or more of the plurality of lockers allocated to the user in response to the user inputting the collection code into the local user interface;
(re: claim 22) wherein the guidance means comprises:
an output device configured for communicating a location of one or more of the plurality of lockers allocated to the user;
(re: claim 25) wherein the identification code is at least one or more of a barcode, 1-D barcode, 2-D barcode, a QR code and/or a RFID tag;
(re: claim 26) wherein the one or more of the items comprises:
a label containing a package identification code readable by a package user interface for establishing the identity of each of the one or more items (col. 9, ln. 40-52).
Cheng, however, teaches that it is well-known to configure a door mechanism as an outdoor door exterior to roller shutter and/or to use a roller shutter to allow customization and greater adjustment in covering and making multiple openings (cf. fig. 7A-&E showing exterior door on left as well as multiple roller shutter configured to cover multiple openings; fig. 11; para. 11, 22, 29, 61, 62, 72, 80-84 teaching rolling shutter doors provide extreme flexibility in storage bin formation by providing adjustable access points or multiple access points to retrieve items from locker assembly, wherein it is inherent that outer door provides some type of thermal insulation).
Lindbo further teaches that is it well-known to configure a door mechanism as a bi-directional shutter that is selectively positional to allow for different levels of access or for preventing items from getting stuck (cf. fig. 14a-c, 15a-b showing bi-directional roller shutter 65 that can be configured along a guide track that is selectively positionable along multiple openings; para. 144-149).
Gil further teaches that it is well-known in the order fulfillment arts to integrate guidance means to a user/operator to assist in locating a storage location for retrieving an item (fig. 11A, 11B col. 4, ln. 1-40 and col. 5, ln. 5-58 teaching navigational aides that use projections to guide user to storage location) and that identification means, such as RFID tags and barcodes, assist with the guidance and retrieval process (col. 15, ln. 62-col. 17, ln. 8).
It would thus be obvious to one with ordinary skill in the art to modify the combination of references with these prior art teachings—with a reasonable expectation of success—to arrive at the claimed invention as these modifications are already well-known and commonly implemented in the order fulfilment arts. The rationale for this obviousness determination can be found in the prior art itself as cited above. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Brooks et al. for the reasons set forth above.
Response to Arguments
Applicant’s arguments that the prior art fails to teach the amended claim features are unpersuasive in view of the reformulated prior art rejection set forth above. In particular, Applicant’s argument that the prior art combination fails to teach chillers to circulate cool air within a temperature-controlled portioning defining at least one of a chilled zone and a frozen zone is undermined by a reasonable interpretation of the prior art. Indeed, Dade as cited above specifically teaches that it is well-known to configure climate controls to regulate temperatures via individual locker or via entire locker sets that have been partitioned to maintain the different zones, i.e., chilled or frozen. Applicant’s arguments that the prior art is limited to active, built-in cooling is not accurate as, although Dade teaches this option, Dade also teaches that it is well-known that cooled air from chiller units can be circulated around, through or directly into locker storage units (para. 8-11)--thus directly undermining Applicant’s arguments. Consequently, as Applicant’s modifications are known to one with ordinary skill in the art, the claims stand rejected.
Conclusion
Any references not explicitly discussed but made of record during the prosecution of the instant application are considered helpful in understanding and establishing the state of the prior art and are thus relevant to the prosecution of the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH C RODRIGUEZ whose telephone number is 571-272-3692 (M-F, 9 am – 6 pm, PST). The Supervisory Examiner is MICHAEL MCCULLOUGH, 571-272-7805. The Official fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Alternatively, to contact the examiner, send an E-mail communication to Joseph.Rodriguez@uspto.gov. Such E-mail communication should be in accordance with provisions of the MPEP (see e.g., 502.03 & 713.04; see also Patent Internet Usage Policy Article 5). E-mail communication must begin with a statement authorizing the E-mail communication and acknowledging that such communication is not secure and may be made of record. Please note that any communications with regards to the merits of an application will be made of record. A suggested format for such authorization is as follows: "Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with me concerning any subject matter of this application by electronic mail. I understand that a copy of these communications will be made of record in the application file”.
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/JOSEPH C RODRIGUEZ/Primary Examiner, Art Unit 3655
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January 30, 2026