DETAILED ACTION
This is a non-final Office Action on the merits for U.S. App. 18/041,520. Receipt of the Response to the Election/Restriction filed on 07/24/2025 is acknowledged.
Claims 1-11 and 13-21 are pending.
Claim 12 is cancelled
Claims 15-21 are withdrawn from consideration.
Claims 1-11, 13, and 14 are examined.
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 .
Preliminary Claim Amendments
The preliminary claim amendments filed on 07/24/2025 are entered and are the claims considered for examination.
Election/Restrictions
Claims 15-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 07/24/2025, while electing the invention of claims 1-11, 13, and 14. However, such arguments within such Applicant’s traversal are not considered proper. Such amendments to each independent claim and groups of claims to provide a common technical feature between such inventions was not present within the originally filed application claim set. Furthermore, as will be explained above, such amendments do not provide a special technical feature that is shared between such inventions and thus unity of invention is still lacking between such inventions. The restriction filed on 05/27/2025 is thus considered proper and is considered Final.
Claim Objections
Claim 14 is objected to because of the following informalities: line 2 of claim 14 defines “the grid structure” which instead should define --a grid structure-- to properly introduce such an element. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 14 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lindbo et al. (WO 2018/210952).
Regarding claim 14, Lindbo et al. disclose a track section (#26) for a track, the track section comprising:
a plurality of track sections (#26) configured to be mountable to the grid structure (see figure 12a) to form a track surface (the upper track surface as depicted in figure 12b) configured and arranged for load handling devices to move upon a grid structure (see figure 12a); and
wherein each track section of the plurality of track sections is formed as a unitary body so as to provide a track surface extending in transverse directions (see figure 12b).
Claim Rejections - 35 USC § 102/103
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) 1-10 and 13 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Lindbo et al. (WO 2018/210952) or, in the alternative, under 35 U.S.C. 103 as obvious over Lindbo et al. in view of Wood (U.S. Patent 7,441,378).
Regarding claim 1, Lindbo et al. disclose a track (#26) for a grid framework structure configured to guide a load handling device operative to move one or more containers, (see figure 12a, where such a grid framework structure is not positively defined), the grid framework structure including a plurality of grid members converging or intersecting at nodes in a grid pattern to form a grid structure containing a plurality of grid cells (see figure 12a, where the track is configured to be used with such a framework structure and where such a structure is not positively defined), said track comprising:
a plurality of track sections (#26) configured to be mountable to the grid structure (see figure 12a) to form a track surface (the upper track surface as depicted in figure 12b) configured and arranged for load handling devices to move upon the grid structure (see figure 12a);
wherein each track section of the plurality of track sections includes means for snap fitting (#60) the track section to the grid members of a grid framework structure (Page 12, lines 7-13 and figures 12a and 12b disclose that the lips #60 are configured to releasably attach the track sections #26 to the support sections #25 so as to structurally locate the track sections #26 on the support section #25. Because the support sections #25 comprises of an I-beam of thin material and thus the lips #60 would need to engage such flanges of the I-beams of the support sections #25 in a releasable manner, it would be inherent that such lips #60 form the snap fitting means in order to properly releasably attach the track sections thereto.); and
wherein each track section of the plurality of track sections is formed as a unitary body so as to provide a track surface extending in transverse directions (see figure 12b).
As explained above, Lindbo et al. is considered to inherently provide a snap fitting means #60 for releasably attaching the tracks to the support structures. However, if the Examiner is considered to over broadly interpret Lindo et al. as meeting such limitations as broadly defined, it is highly well known in the art, as evidenced by Wood, that such plastic covers #15 comprise of lips #17 that project therefrom and comprise of fillets #18 so as to allow the cover to snap fit to grid supports #20 placed underneath that can be either wood, plastic, or metal. See col. 4, ll. 5-15 and 42-59. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the lips of the track of Lindbo et al. to comprise of snap fit connections at the ends thereof, as taught in Wood, in order to properly releasably attach the track thereto in a quick and efficient manner.
Regarding claim 2, Lindbo et al. disclose, or in the alternative in view of Wood render obvious, each track section of the plurality of track sections comprises: a first track section element extending in a first direction; and a second track section intersecting with the first track section element and extending in a second direction, the second direction being transverse to the first direction (see figure 12b of Lindbo et al., where the track section #26 comprises of a t-shape with first and second sections that intersect at 90 degrees relative to one another).
Regarding claim 3, Lindbo et al. disclose, or in the alternative in view of Wood render obvious, the plurality of track sections are configured and arranged so that adjacent track sections will meet between or intermediate of respective nodes of a grid pattern of converging or intersecting grid members (see figure 12a of Lindbo et al.).
Regarding claim 4, Lindbo et al. disclose, or in the alternative in view of Wood render obvious, a joint wherein the plurality of track sections are connected together by the joint, which contains tapered edges (see figure 12b of Lindbo et al., where each of the four edges of the t-shaped track #26 comprises of jagged/tapered edges that are to engage the edge of another track section during use).
Regarding claim 5, Lindbo et al. disclose, or in the alternative in view of Wood render obvious, the joint comprises at least two mitered ends (see figure 12b of Lindbo et al., where the four edge joints comprise tapered ends that can be considered mitered due to the angle formed by such edges at the triangular tongue and groove locations).
Regarding claim 6, Lindbo et al. disclose, or in the alternative in view of Wood render obvious, the joint comprises at least one tongue receivable in a correspondingly shaped groove (as depicted in figure 12b of Lindbo et al., the tapered edges form a triangular tongue and a triangular groove that are to engage respective and opposite elements of an adjacent edge of an adjacent track).
Regarding claim 7, Lindbo et al. disclose, or in the alternative in view of Wood render obvious, the joint comprises an overlapping joint (see figure 12b of Lindbo et al., where the triangular tongue and triangular groove jut in and out of the edges of the track element #26 so that the edges of each track element overlap one another).
Regarding claim 8, Lindbo et al. disclose, or in the alternative in view of Wood render obvious, each track section of the plurality of track sections comprises: downwardly extending guides (Lindbo et al.; #60) at an intersection of the first and second section elements configured for guiding the track section onto a grid structure at an intersection or convergence of the grid members (the central, longer lips #60 of figure 12b of Lindbo et al. are considered the guides which extend transverse relative to one another and are configured to guide the track onto an intersection of grid members #25).
Regarding claim 9, Lindbo et al. disclose, or in the alternative in view of Wood render obvious, each of the downwardly extending guides comprises: a downwardly extending skirt at a junction between the first and second section elements (see figure 12b of Lindbo et al., where the central, longer lips #60 can be considered a skirt as broadly defined).
Regarding claim 10, Lindbo et al. disclose, or in the alternative in view of Wood render obvious, each track section of the plurality of track sections is formed from plastic material (Page 14, ll. 11-15 of Lindbo et al. disclose that all of the components of the assembly, including the track sections, can be constructed from a high strength moldable material, such as PVC plastic).
Regarding claim 13, Lindbo et al. disclose, or in the alternative in view of Wood render obvious, each track section of the plurality of track sections has rotational symmetry in a horizontal plane with an order of rotational symmetry of four (the t-shaped track of figure 12b of Lindbo et al. can be rotated into four different positions around the y-axis of the figure and used in any of such four positions).
Claim Rejections - 35 USC § 103
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lindbo et al. in view of Wallner (U.S. Patent 7,028,618), or in the alternative in view of Wallner and Wood.
Regarding claim 11, Lindbo et al. disclose, or in the alternative in view of Wood render obvious, the claimed invention including the use of plastic for the track section except for the plastic material comprises conductive material. However, it is highly well known in the art, as evidenced by Wallner, that track sections #1 constructed with a channel that is to receive an element that is to be guided along the track system can be constructed so as to receive a bus bar #6 in order to allow electricity to travel along the track and power the elements configured to travel along the track. See figure 2, col. 3, ll. 47-67. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the track of Lindbo et al. to comprise of a conductive material, such as a bus bar as taught in Wallner, in order to allow the track to power any vehicle that is to travel thereon as needed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE V ADAMOS whose telephone number is (571)270-1166. The examiner can normally be reached Monday - Friday 9-5.
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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635