Prosecution Insights
Last updated: August 17, 2026
Application No. 17/944,663

ARTICLE SEARCH DEVICE AND ARTICLE SEARCH METHOD

Final Rejection §103§112
Filed
Sep 14, 2022
Priority
Sep 17, 2021 — JP 2021-151820
Examiner
CUMBESS, YOLANDA RENEE
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
National Institute of Advanced Industrial Science and Technology
OA Round
3 (Final)
87%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
978 granted / 1123 resolved
+35.1% vs TC avg
Moderate +9% lift
Without
With
+8.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
35 currently pending
Career history
1150
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
46.2%
+6.2% vs TC avg
§102
19.6%
-20.4% vs TC avg
§112
31.4%
-8.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1123 resolved cases

Office Action

§103 §112
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 . Response to Arguments Applicant’s arguments with respect to claim(s) 1-7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Examiner also notes that the objections to the specification made in the Non-Final Action mailed 3/19/2026 were not exhaustive. Applicant was encouraged to review the entire specification for clarity. 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 1-7 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. Regarding claims 1 and 7, the limitation “calculate a reverse sequential operation by determining the storage position of the retrieval article in the storage unit and a reverse path for moving from a specified position on the retrieval lane to the storage position in the storage unit”, is ambiguous. It appears the Applicant is attempting to define the “reverse sequential operation” as a calculated sequence for moving the target time from the determined item position on the retrieval lane, or end point, to a target item position in the storage unit, or start point. Specifically, it appears that the sequence calculated by determining a position storage position of a target item in the storage unit, and calculating a path from the retrieval lane (end point) to the target item storage position in the storage unit (start point). In line 12, Examiner understands the reverse path as “a path” for moving an item from a specified position on the retrieval lane to the storage position in the storage unit. In lines 18-19, the retrieval path being reverse to the reverse path calculated by the reverse sequential operation is unclear. The reverse sequential operation calculates a path (i.e., a reverse path) from the item position on the retrieval lane, to the item storage position in the storage unit. If the retrieval path is reverse to the path from the retrieval lane to the target item initial storage position, it appears that the retrieval path is simply the path from the item storage position to the determined item position on the retrieval lane. This language needs to be clarified. Appropriate clarification of required. 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) 1-4, and 6-7 (as understood by the Examiner) is/are rejected under 35 U.S.C. 103 as being unpatentable over Qui (CN 109839927 A) in view of Lert et al (US 9,096,375). Relative to claims 1-3, and 6, Qui discloses: claim 1) An article search device comprising: a storage unit configured to store articles (see Fig.1, see “warehouse”, Page 7, Para. 2 of the English translation of the specification, the warehouse inherently stores articles); a transport machine (robot) configured to retrieve the articles from the storage unit and transport the article to a retrieval lane (Page 7, Para. 6, robot moves from starting point in the storage space to end point); and a processor (processor 210 is included in the electronic device, 200)(Fig. 11) configured to control the storage unit and the transport machine (Page 11, Para. 7-8, to Page 12, Para. 1 of the English translation of the Specification), the processor is configured to: calculate a reverse sequential operation by determining the storage position of the retrieval article in the storage unit and a reverse path for moving from a specified position on the retrieval lane to the storage position in the storage unit (a shortest path from start point to the end point for the robot to travel is first determined, Page 7, Para. 9, and the reverse path from an end point of a robot path to a start point of the path is calculated using the back tracking algorithm, Page 10, Para. 1 of the English translation of the Specification); and calculate a retrieval operation by determining a retrieval path for moving the retrieval target article from the storage position to the specified position on the retrieval lane (Page 10, Para. 1; Page 11, Para. 4, of the English translation of the specification), the retrieval operation is calculated based on the path determined in the reverse sequential operation, the retrieval path being reverse to the reverse path calculated by the reverse sequential operation (using the reverse tracking algorithm, a final path from the storage position (starting) position to the end position is calculated, Page. 10, Para. 1, the calculated path starts from the end point and steps backwards along stored edges in the path table to reconstruct the route from the start to the end point), and the retrieval operation is executed to move the retrieval target article from the storage unit to the retrieval lane (Page 14, Para. 1 of the English translation of the Specification). Qui does not expressly disclose: identify a retrieval target article from among the articles stored at a storage position in the storage unit based on retrieval information, the retrieval information includes a retrieval completion state that indicates a sequential position of the retrieval target article and one or more retrieval articles on the retrieval lane; the determined retrieval path for moving the retrieval target article from the storage position to the specified position on the retrieval lane is based on the retrieval completion state; claim 2) the processor is further configured to assign a number to the retrieval target article stored in the storage unit based on a retrieval sequence of the retrieval target article from the storage unit to the retrieval lane; claim 3) the storage unit includes: a storage shelf arranged at the storage position of the articles; a transport shelf arranged in alignment with the storage shelf and configured to transport the articles to the transport machine in accordance with the retrieval operation; and a transfer unit arranged in parallel with the storage shelf and configured to move the articles to the storage position and transfer the articles between the storage position and the transport shelf, and based on the calculated reverse sequential operation, the transfer unit is operated to perform a transfer from the transport shelf to the storage shelf; or claim 6) the processor is further configured to identify the retrieval target article using a pattern table that indicates a predetermined sequence pattern, when a plurality of articles are transported to the storage unit. Lert teaches: claim 1) identify a retrieval target article (case unit or pickface) from among the articles stored at a storage position in the storage unit based on retrieval information (Col. 19, lines 8-11, Col. 19, lines 63-67) the retrieval information includes a retrieval completion state that indicates a sequential position of the retrieval target article and one or more retrieval articles on the retrieval lane (ordered items are moved to out-feed transfer station 160 in a desired order (Col. 21, lines 32-36, Col. 24, lines 1-10, see Fig. 1); claim 2) the processor is further configured to assign a number to the retrieval target article stored in the storage unit based on a retrieval sequence of the retrieval target article from the storage unit to the retrieval lane (system determines the order that picked items are to arrive at the palletizing workstations in a predetermined order, Col. 24, lines 1-20; Col. 20, lines 34-45); claim 3) a storage shelf arranged at the storage position of the articles (see storage spaces on storage rack modules along picking aisles, 130A, 130B, where case units are stored; Col. 3, lines 20-25)(Fig. 8C); a transport shelf (see shelves 730 on 150A, 150B)(Fig. 2A, 2C, 2D) arranged in alignment with the storage shelf and configured to transport the articles to the transport machine (bots, 110)(Fig. 1) in accordance with the retrieval operation (shelves 730 on vertical conveyors 150 align with storage structure 130 to transfer articles between storage shelves on Ref. 130 and bots 110 during storage or retrieval operations)(see Fig. 2C-2D)(Col. 7, lines 1-5; Col. 7, lines 35-40); and a transfer unit (140)(Fig. 6A-6B) arranged in parallel with the storage shelf (included in Ref. 130) and configured to move the articles to the storage position and transfer the articles between the storage position and the transport shelf (730)(Col. 7, lines 35-48; Col. 8, lines 15-20), and the transfer unit (140) is operated to perform a transfer from the transport shelf to the storage shelf (Ref. 140 moves pickfaces from the shelves 730 on lifts to the storage shelves included in Ref. 130; Col. 7, lines 35-48; Col. 8, lines 15-20); and claim 6) the processor is further configured to identify the retrieval target article using a pattern table that indicates a predetermined sequence pattern, when a plurality of articles are transported to the storage unit (Col. 19, lines 8-11; predetermined sequence pattern, see Col. 20, lines 53-60). Lert teaches: identifying a retrieval target article, the retrieval information includes a retrieval completion state that indicates a sequential position of the retrieval target article, assigning a number to the retrieval target article stored in the storage unit based on a retrieval sequence, a storage shelf, transport shelf in alignment with the storage shelf, transfer unit for transferring articles to the storage shelf, and identifying the retrieval target article using a pattern table as described above, for the purpose of providing an automated storage and retrieval system that can efficiently generate different items for mixed goods pallets (Col. 1, lines 50-60). It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the device of Qui, with the: identifying a retrieval target article, the retrieval information includes a retrieval completion state that indicates a sequential position of the retrieval target article, assigning a number to the retrieval target article, storage shelf, transport shelf in alignment with the storage shelf, transfer unit for transferring articles to the storage shelf, and identifying the retrieval target article using a pattern table described above, as taught in Lert for the purpose of providing an automated storage and retrieval system that can efficiently generate different items for mixed goods pallets. Relative to claim 1, the disclosure of Qui in view of Lert does not disclose the transfer unit being operated to perform a transfer from the transport shelf to the storage shelf based on the calculated reverse sequential operation. Qui in view of Lert teaches: the transfer unit being operated to perform a transfer from the transport shelf to the storage shelf based on the calculated reverse sequential operation, as a matter of design choice. Lert discloses transferring the case units between the transport shelves and the storage shelves (Col. 7, lines 35-48). A person of ordinary skill in the art would have known to operate the transfer unit (140) of Lert, arranged in parallel with the storage shelf, to transfer articles between the storage shelves and transfer shelves, based on the calculated reverse sequential operation of Qui, to move the items from the storage area to the retrieval or exit lane in an optimal manner. It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the claimed invention to modify the system of Qui in view of Lert with the transfer unit being operated to perform a transfer from the transport shelf to the storage shelf based on the calculated reverse sequential operation, as a matter of design choice. Relative to claim 7, the disclosure of Qui includes: An article search method comprising: calculating a reverse sequential operation by determining the storage position of the retrieval article in the storage unit (storage space in warehouse) and a reverse path for moving from an end point to the storage position in the storage unit (Page 7, Para. 9; Page 10, Para. 1 of the English translation); and calculating a retrieval operation by determining a retrieval path for moving the retrieval target article from the storage position to the specified position on the retrieval lane (Page 10, Para. 1; Page 11, Para. 4, of the English translation of the specification), the retrieval operation is calculated based on the path determined in the reverse sequential operation, the retrieval path being reverse to the reverse path calculated by the reverse sequential operation (Page 10, Para. 1 of the English translation of the Specification), and the retrieval operation is executed to move the retrieval target article from the storage unit to the retrieval lane (Page 14, Para. 1 of the English translation of the Specification, see Fig. 1). Qui does not expressly disclose: identifying a retrieval target article from among the articles stored at a storage position in a storage unit based on retrieval information, the retrieval information includes a retrieval completion state that indicates a sequential position of the retrieval target article and one or more retrieval articles on a retrieval lane; or the determined retrieval path for moving the retrieval target article from the storage position to the specified position on the retrieval lane is based on the retrieval completion state. Lert teaches: identifying a retrieval target article from among the articles stored at a storage position in a storage unit based on retrieval information (Col. 19, lines 8-11, Col. 19, lines 63-67), the retrieval information includes a retrieval completion state that indicates a sequential position of the retrieval target article and one or more retrieval articles on a retrieval lane (Col. 21, lines 32-36, Col. 24, lines 1-10, see Fig. 1); and the determined retrieval path for moving the retrieval target article from the storage position to the specified position on the retrieval lane is based on the retrieval completion state (Col. 21, lines 32-36, Col. 24, lines 1-10, see Fig. 1), for the purpose of providing an automated storage and retrieval system that can efficiently generate different items for mixed goods pallets (Col. 1, lines 50-60). It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the device of Qui, with the identifying a retrieval target article, the retrieval information includes a retrieval completion state that indicates a sequential position of the retrieval target article, and the determined retrieval path for moving the target article from the storage position to the specified position on the retrieval lane mentioned above, as taught in Lert, for the purpose of providing an automated storage and retrieval system that can efficiently generate different items for mixed goods pallets. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qui in view of Lert as applied to claim 1 above, and further in view of (Gravelle et al (US Patent No. 11,008,166). Qui in view of Lert discloses all claim limitations mentioned above, but does not expressly disclose: the processor is further configured to set a higher priority level of a retrieval sequence for the retrieval target article stored at a position closer to the transport machine than another retrieval target article for performing the retrieval among storage positions. Gravelle teaches: the processor is further configured to set a higher priority level of a retrieval sequence for the retrieval target article (item) stored at a position closer to the transport machine (vehicle) than another retrieval target article for performing the retrieval among storage positions (Col. 12, lines 19-30, system considers locations of vehicles and storage units containing the appropriate item in choosing paths for the vehicles), for the purpose of providing an improved automated storage and retrieval system useful in order fulfillment environments that can retrieve individual items that avoids space and material inefficiencies, minimizes interruptions, and improves safety (Col. 9, lines 30-35; Col. 12, lines 23-30; Col. 12, lines 43-55; Col. 12, lines 63-65). It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the device of Lert to set a higher priority level of a retrieval sequence for the retrieval target article stored at a position closer to the transport machine than another article, as taught in Gravelle, for the purpose of providing an improved automated storage and retrieval system useful in order fulfillment environments that can retrieve individual items that avoids space and material inefficiencies, minimizes interruptions, and improves safety. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qui in view of Lert. Relative to claim 4, Qui in view of Lert discloses all claim limitations mentioned above, including: the processor is further configured to set a higher priority level of a retrieval sequence for the retrieval target article (pickface) stored at the storage position that is closer to the expiration date amongst similar case units (Col. 20, lines 24-30). Qui in view of Lert does not expressly disclose: setting a higher priority level of a retrieval sequence for the retrieval target article stored at the storage position at an earlier time than another retrieval article. Case units stored earlier in a storage location of an ASRS than other articles having the same SKU tend to have an earlier expiration date. Since Lert discloses picking ordered items that are closer to their expiration date, it is obvious to prioritize case units required in a retrieval sequence that are stored earlier in the warehouse than other articles with the same SKU to prevent the units from expiring. Allowing case units to expire before being picked causes waste and increases costs of operation. It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the system of Qui in view of Lert so that case units stored earlier in the storage position are prioritized in a retrieval sequence as claimed, to prevent goods from expiring therefore minimizing waste and other costs. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Razumov (US 2016/0060037), picks containers in a desired order to supply containers in a predetermined sequence to a container processing point arranged at a selected horizontal level, or for returning containers from the container processing point. (Para. 0064; 0047; 0033). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOLANDA RENEE CUMBESS whose telephone number is (571)270-5527. The examiner can normally be reached M-F 10-6. 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, Gene Crawford can be reached at 571-272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /YOLANDA R CUMBESS/Primary Examiner, Art Unit 3651
Read full office action

Prosecution Timeline

Show 5 earlier events
Jan 16, 2026
Examiner Interview Summary
Jan 16, 2026
Applicant Interview (Telephonic)
Jan 20, 2026
Response after Non-Final Action
Mar 06, 2026
Examiner Interview (Telephonic)
Mar 06, 2026
Examiner Interview Summary
Mar 19, 2026
Non-Final Rejection mailed — §103, §112
Jun 18, 2026
Response Filed
Aug 04, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

4-5
Expected OA Rounds
87%
Grant Probability
96%
With Interview (+8.9%)
2y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1123 resolved cases by this examiner. Grant probability derived from career allowance rate.

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