Prosecution Insights
Last updated: July 17, 2026
Application No. 18/037,424

Article Storage Facility

Non-Final OA §102§103
Filed
May 17, 2023
Priority
Nov 18, 2020 — JP 2020-191703 +1 more
Examiner
KEENAN, JAMES W
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Daifuku Co., Ltd.
OA Round
3 (Non-Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
763 granted / 1143 resolved
+14.8% vs TC avg
Strong +25% interview lift
Without
With
+24.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
32 currently pending
Career history
1172
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
72.9%
+32.9% vs TC avg
§102
3.7%
-36.3% vs TC avg
§112
19.4%
-20.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1143 resolved cases

Office Action

§102 §103
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/16/26 has been entered. 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. 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. Claims 1-7 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Jacobs (US 2021/0261332) in view of Yamashita (US 2012/0328397), both previously cited. Note: Jacobs cites provisional application 62/981,229 for priority, which fully supports the portions of the disclosure of the reference relied upon in this rejection, making the effective filing date thereof 02/25/20, and as such qualifies as prior art under 35 U.S.C. 102(a)(2). Jacobs shows an article storage facility 10 comprising: a first multilevel rack 14L (or 14R) comprising first shelves 20 on a plurality of levels 18, with the first shelves on the respective levels disposed along a first direction across a horizontal plane (not explicitly identified but readily apparent in at least Figs. 4 and 12); a second multilevel rack 14R (or 14L if the first rack is 14R) comprising second 20 shelves on a plurality of levels 18, with the second shelves on the respective levels disposed along the first direction and closer to one side of the article storage facility than the first multilevel rack with respect to the first direction (i.e., Fig. 12 shows the shelves of the second rack 14R closer to the right side of the facility 10 than the first rack 14L with respect to the longitudinal direction of conveyors 34, 36 across a horizontal plane); a standby station 14C disposed between the first multilevel rack and the second multilevel rack in the first direction and comprising standby conveyors 46, 48 on a number of levels 18T [that is at least equal to whichever of the first shelves and the second shelves has a lower number of levels]; a plurality of transfer shuttles 26 disposed for respective levels of the standby conveyors or disposed for the standby conveyors on a plurality of levels 18S, 18T, and configured to travel along the first direction and to transfer articles between the standby conveyors and the first shelves and the second shelves; a first raising and lowering apparatus 12L comprising a first raising and lowering conveyor 28 or 30 disposed between the first multilevel rack and the standby station in the first direction and configured to transfer the articles to and from the standby conveyors (Figs. 5-7, 9), and a first raising and lowering mechanism configured to raise and lower the first raising and lowering conveyor between every level of the standby conveyors (not explicitly identified but clearly a mechanism raises and lowers the conveyors 28/30 between the various levels); and a second raising and lowering apparatus 12R (Figs. 4, 12) comprising a second raising and lowering conveyor disposed between the second multilevel rack and the standby station in the first direction and configured to transfer the articles to and from the standby conveyors, and a second raising and lowering mechanism configured to raise and lower the second raising and lowering conveyor between every level of the standby conveyors (not explicitly identified but clearly 12R has the same structural and functional features as 12L). Jacobs does not show that the standby conveyors 46, 48 are provided on a number of levels that is at least equal to whichever of the first shelves and the second shelves has a lower number of levels (i.e., they are provided on storage levels 18T but not on levels 18B or 18S). Yamashita shows an article storage facility 10 comprising: a first multilevel rack 12L1/12R1) comprising first shelves 22 on a plurality of levels, with the first shelves on the respective levels disposed along a first direction A-B across a horizontal plane; a second multilevel rack 12L2/12R2) comprising second shelves 22 on a plurality of levels, with the second shelves on the respective levels disposed along the first direction and closer to one side of the article storage facility than the first multilevel rack with respect to the first direction; a standby station 24 disposed between the first multilevel rack and the second multilevel rack in the first direction and comprising standby conveyors 26 on a number of levels that is at least equal to whichever of the first shelves and the second shelves has a lower number of levels; a plurality of transfer shuttles 14 disposed for respective levels of the standby conveyors or disposed for the standby conveyors on a plurality of levels, and configured (collectively) to travel along the first direction and to transfer articles between the standby conveyors and the first shelves and the second shelves; and a raising and lowering apparatus 16 comprising a raising and lowering conveyor 30 disposed between the first multilevel rack and the right side 24L2/24R2 of the standby station in the first direction and between the second multilevel rack and the left side 24L1/24L2 of the standby station in the first direction, and configured to transfer the articles to and from the standby conveyors, and a raising and lowering mechanism (not explicitly identified but clearly a mechanism moves the conveyor vertically along mast 28; see par [0042]) configured to raise and lower the first raising and lowering conveyor between every level of the standby conveyors (par. [0044]). It would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the apparatus of Jacobs by providing the standby conveyors on a number of levels that was at least equal to whichever of the first shelves and the second shelves had a lower number of levels, as shown by Yamashita, so that articles could be transferred between the first or second shelves and the standby conveyors at any level without requiring an extra vertical transfer movement of the corresponding first or second raising and lowering conveyor, thereby saving time and improving throughput. Re claim 2, Jacobs shows the article storage facility to further comprise: a loading conveyor 42 configured to convey the articles to be loaded into the first multilevel rack or the second multilevel rack; and an unloading conveyor 44 configured to convey the articles to be unloaded from the first multilevel rack or the second multilevel rack, wherein the first raising and lowering mechanism is further configured to move the first raising and lowering conveyor to a position where the first raising and lowering conveyor is further configured to receive the articles from the loading conveyor (Figs. 10-11), and wherein the second raising and lowering mechanism is further configured to move the second raising and lowering conveyor to a position where the articles are capable of being passed from the second raising and lowering conveyor to the unloading conveyor (not explicitly shown but readily apparent from at least Fig. 4). Yamashita also shows a loading conveyor 18 configured to convey the articles to be loaded into the first multilevel rack or the second multilevel rack, and an unloading conveyor 20 configured to convey the articles to be unloaded from the first multilevel rack or the second multilevel rack, wherein the raising and lowering mechanism is further configured to move the raising and lowering conveyor to a position where the raising and lowering conveyor is further configured to receive the articles from the loading conveyor, and wherein the raising and lowering mechanism is further configured to move the raising and lowering conveyor to a position where the articles are capable of being passed from the raising and lowering conveyor to the unloading conveyor (Figs. 6, 8). Re claim 3, Yamashita further shows that the loading conveyor is disposed at a position that coincides with the first multilevel rack as viewed from above or below along an up-down direction, and wherein the unloading conveyor is disposed at a position that coincides with the second multilevel rack as viewed from above or below along the up-down direction (Figs. 1, 4). It would have been obvious to have included this feature in the apparatus of Jacobs as modified above to reduce unused space. Re claim 4, Jacobs shows the article storage facility to further comprise a discharging conveyor 44 configured to discharge the articles, which have been received by the first raising and lowering conveyor from the loading conveyor, without passing the standby conveyors (Fig. 10, noting that conveyors 42 and 44 are both provided on each side of the facility, as seen in Fig. 4; nothing precludes the conveyor 44 on the left side of the facility from being considered a discharge conveyor distinct from the unloading conveyor 44 of claim 2, as the distinction is merely nominal). Re claim 5, Jacobs shows that (i) a side in the first direction where the first shelves are disposed relative to the second shelves is a first direction-first side, and (ii) a side where the second shelves are disposed relative to the first shelves is a first direction-second side, and each transfer shuttle is configured to run in the first direction between an end portion at the first direction-first side of the first shelves to an end portion at the first direction-second side of the second shelves and further configured to transfer the articles between the first shelves, the standby conveyors, and the second shelves (at least in storage levels 18S and 18T; see pars. [0031] and [0036]). However, when modified as above, each of the shuttles (i.e., in all levels) would be so configured. Furthermore, claim 1 merely requires a plurality of shuttles to be disposed on a plurality of levels, not necessarily all levels. Re claim 6, Jacobs shows the first raising and lowering mechanism to comprise a first mast configured to guide the first raising and lowering conveyor in an up-down direction, the second raising and lowering mechanism comprises a second mast configured to guide the second raising and lowering conveyor in the up-down direction, and the first mast and the second mast are disposed at positions that do not coincide with travel paths of the transfer shuttles as viewed from above or below along the up-down direction (not explicitly disclosed, but it is readily apparent from the side views of Figs. 5, 6, 11, 13 and 14, and the top views of Figs. 7-10 and 15, that each raising and lowering mechanism includes a vertically extending, mast-like structure disposed at a position that does not coincide with the travel paths of the transfer shuttles). Re claim 7, Jacobs shows that each standby conveyor 46 or 48 of the standby station includes loading regions where the articles are “capable of being loaded in a row along the first direction”, as broadly recited, and each standby conveyor is further configured to move the loaded articles along the first direction (Figs. 7, 9), and wherein at least one loading region of the loading regions is “capable of being used as a position”, as broadly recited, where each transfer shuttle is further configured to transfer the articles to the standby conveyor 46, and at least one other loading region of the loading regions is “capable of being used as a position”, as broadly recited, where each transfer shuttle is further configured to receive the articles from the standby conveyor 48 (Fig. 9, noting that the claim merely requires at least one loading region to be the positions at which the shuttles transfer articles thereto and therefrom, but each standby conveyor does not necessarily have to include both types of positions). Re claim 10, Jacobs shows that a direction perpendicular to the first direction as viewed from above or below along an up-down direction is a second direction R-L, and wherein the first multilevel rack, the second multilevel rack, the standby station, the first raising and lowering apparatus, and the second raising and lowering apparatus are all disposed in pairs that face each other in the second direction with travel paths of the transfer shuttles in between (Figs. 7-10, 12, 15). Re claim 11, the apparatus of Jacobs as modified above comprises equal numbers of the standby conveyors, the first shelves, and the second shelves. Re claim 12, Jacobs shows that each standby conveyor of the standby station includes loading regions where the articles are capable of being loaded in a row along the first direction and each standby conveyor is further configured to move the loaded articles along the first direction, and wherein one of the loading regions close to the first raising and lowering mechanism is used as a location where a transfer shuttle receives articles from the standby conveyor (Fig. 9), and one of the loading regions close to the second raising and lowering mechanism is used as a location where the transfer shuttle passes articles to the standby conveyor (not explicitly shown but it is readily apparent from Fig. 4 that the interaction of the second raising and lowering mechanism with the shuttles and the standby conveyors on the right side of the facility would be a mirror-image of Fig. 9). Claims 8-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Applicant’s arguments with respect to claim 1 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Keenan whose telephone number is (571)272-6925. The examiner can normally be reached Mon. - Thurs. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. 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. /James Keenan/ Primary Examiner Art Unit 3652 4/22/26
Read full office action

Prosecution Timeline

May 17, 2023
Application Filed
Jul 10, 2025
Non-Final Rejection mailed — §102, §103
Oct 10, 2025
Response Filed
Dec 16, 2025
Final Rejection mailed — §102, §103
Mar 16, 2026
Request for Continued Examination
Apr 21, 2026
Response after Non-Final Action
Apr 24, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
91%
With Interview (+24.6%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1143 resolved cases by this examiner. Grant probability derived from career allowance rate.

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