Prosecution Insights
Last updated: July 17, 2026
Application No. 18/063,202

MATERIAL HANDLING SYSTEM AND METHOD THEREFOR

Non-Final OA §103
Filed
Dec 08, 2022
Priority
Dec 10, 2021 — continuation of 63/288,253
Examiner
CUMBESS, YOLANDA RENEE
Art Unit
3651
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Symbotic LLC
OA Round
2 (Non-Final)
87%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
977 granted / 1122 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
34 currently pending
Career history
1148
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
66.3%
+26.3% vs TC avg
§102
7.7%
-32.3% vs TC avg
§112
23.5%
-16.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1122 resolved cases

Office Action

§103
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) 1-33 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. Allowable Subject Matter The indicated allowability of claim 13-22, and 24-33 is withdrawn in view of the newly discovered reference(s) to Mountz (US PG. Pub. 2008/0167884). 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) 1-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mountz (US PG. Pub. 2008/0167884). Relative to claim 1, Mountz discloses: claim 1) a material handling system (10) for handling and placing packages onto pallets destined for an order store (Para. 0014)(Fig. 1), the material handling system comprising: a storage array with storage spaces for holding packages therein (storage array includes various locations where inventory holders 30 are stored in the environment, See Fig. 1); an automated package transport system (20, 12)((Fig. 1) communicably connected to the storage array (various inventory holders, 30) for storing packages within the storage spaces of the storage array and retrieving packages from the storage spaces of the storage array (Para. 0015; 0019); a palletizer (14) for placing packages onto a pallet to form a pallet load (items are placed onto pallets by a user as directed by the system, Para. 0042), the palletizer (user or entity stacking the items onto the pallet) is communicably connected to the automated package transport system (Para. 0042), the automated package transport system is configured to provide individual packages from the storage array (various locations of holders 30) to the palletizer for forming the pallet load, the pallet load including more than one composite layers of packages (Para. 0042); and a controller (12)(Para. 0015) operably connected to the palletizer, the controller (12) being programmed with a pallet load generator with at least one pallet to order store affinity characteristic (items are loaded according to a specified sequence which can duplicate a store or aisle layout, Para. 0043), for a predetermined method of pallet load packages distribution at the order store (Para. 0043), the pallet load generator being configured so that the pallet load is formed by the palletizer of packages arranged in the pallet load embodying the at least one pallet to order store affinity characteristic (Para. 0043, items are arranged on pallet by the user according to the sequence). Mountz does not expressly disclose: the palletizer is an automated palletizer, or the controller is operably connected to the automated palletizer. Mountz teaches: the palletizer is an automated palletizer, or the controller is operably connected to the automated palletizer as an alternative method of performing the loading task (Mountz discloses that the user for loading the pallet may be a robot and the controller, i.e., the management module 12, which determines the loading sequence, is communicably connected to the robot to perform the loading task (Para. 0017, 0015). Moreover, providing an automated palletizer to load a pallet according to a sequence is well known in the art of warehousing operations. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mountz so that the palletizer is automated as taught in Mountz, as taught in the disclosure, for the purpose of automating the pallet loading task. It is also well known to provide an automated palletizer to load items on a pallet according to a sequence. See MPEP §2144.03. Relative to claim 12, the disclosure of Mountz includes: A palletizer (Para. 0043) comprising: moving packages from a package deposit section (see inventory holder 30)(Fig. 1, 3) to a pallet (32) to form a pallet load from the packages, the pallet load including more than one composite layers of packages (Para. 0043); and a controller (12), operably connected to the palletizer, the controller (12) being programmed with a pallet load generator with at least one pallet to order store affinity characteristic (Para. 0043), for a predetermined method of pallet load packages distribution at the order store (Para. 0043), the pallet load generator being configured so that the pallet load is formed by the automated palletizer of packages arranged in the pallet load embodying the at least one pallet (32) to order store affinity characteristic (Para. 0043). Mountz does not expressly disclose: the palletizer is an automated package pick device, or the controller is operably connected to the automated palletizer. Mountz teaches: the palletizer is an automated package pick device and the controller is operably connected to the automated palletizer as a matter of design choice, as an alternative and well-known means of performing the loading task on the pallet in an automated manner (0017, 0015). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mountz so that the palletizer comprises an automated package pick device, as taught in Mountz, as a matter of design choice, as an alternative and well-known means of performing the loading task on the pallet in an automated manner. Relative to claim 23, the disclosure of Mountz includes: A method for building a pallet load (Para. 0042), the method comprising: placing packages (items), with a palletizer, onto a pallet (32) to form a pallet load (Para. 0042), where individual packages are provided from a storage array to form the pallet load, the pallet load including more than one composite layers of packages (Para. 0043, items are supplied by various inventory holders 30); and a controller (see Ref. 12) is programmed with a pallet load generator with at least one pallet to order store affinity characteristic (Para. 0043), and the pallet load generator (included with Ref. 12) effects formation of the pallet load (see load on 32) with the palletizer, where the pallet load is formed of packages arranged in the pallet load embodying at least one pallet to order store affinity characteristic for a predetermined method of pallet load packages distribution at an order store (Para. 0043). Mountz does not expressly disclose: the palletizer is an automated palletizer. Mountz teaches: the palletizer is an automated palletizer as an alternative and well-known means of performing the loading task on the pallet in an automated manner (0017, 0015). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mountz so that the palletizer comprises an automated package pick device, as taught in Mountz, as an alternative and well-known means of performing the loading task on the pallet in an automated manner. Claim(s) 2-11, 13-22, and 24-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mountz. Relative to claims 2-11, 13-22, and 24-33, Mountz discloses all claim limitations mentioned above, but does not expressly disclose: claims 2, 13, 24) the at least one pallet to order store affinity characteristic is at least one for a clustered aisles pallet load packages distribution method, a mixed mode clustered and adjacent aisles pallet load packages distribution method, and an adjacent aisles pallet load packages distribution method at the order store; claims 3, 14, 25) the at least one pallet to order store affinity characteristic is informed by a repeating dual loop determination at least one loop of which relates order store aisles to each other; claims 4, 15, 26) the at least one pallet to order store affinity characteristic is informed by a repeating dual loop determination at least one loop of which determines available combinations of order store aisles resolving arrangement of packages in the pallet load. claims 5, 16, 27) the pallet load generator resolves the pallet load in accordance with the at least one pallet to order store affinity characteristic so that the pallet load is maximized with respect to at least one of a maximum pallet load volume and a maximum pallet load weight; claims 6, 17, 28) the pallet load generator resolves the pallet load in accordance with the at least one pallet to order store affinity characteristic so that the pallet load has a maximum number of packages from a minimum number of order store aisles. claims 7, 18, 29) the pallet load generator resolves the pallet load in accordance with the at least one pallet to order store affinity characteristic so as to generate a minimum number of pallet loads for each order store. claims 8, 19, 30) the pallet load generator resolves the pallet load in accordance with the at least one pallet to order store affinity characteristic so that, for each pallet load destined for the order store, the packages forming the pallet load represent a minimum number of order store aisles. claims 9, 20, 31) the pallet load generator resolves the pallet load in accordance with the at least one pallet to order store affinity characteristic so that, for each pallet load destined for the order store, the resolved pallet load represents a minimum number of order store aisles. claims 10, 21, 32) the pallet load generator is configured so as to resolve each pallet load sequentially via a repeating dual loop determination informing the at least one pallet to order store affinity characteristic. claims 11, 22, 33) the at least one pallet to order store affinity characteristic is informed by a dual nested loop determination at least one loop of which relates order store aisles to each other or determines available combinations of order store aisles resolving arrangement of packages in the pallet load. Mountz teaches: Regarding claims 2, 13, and 24, providing the at least one pallet to order store affinity characteristic to include at least one: for a clustered aisles pallet load packages distribution method, a mixed mode clustered and adjacent aisles pallet load packages distribution method, and an adjacent aisles pallet load packages distribution method at the order store as an obvious matter of design choice based on the user’s preference. Since Mountz already discloses pallet loading based on the retail store layout to improve unloading efficiency, grouping packages according to clustered aisles, adjacent aisles, or combinations thereof merely represent predictable variations of store-layout based pallet stacking in which items associated with related or nearby store locations are loaded together for downstream stocking convenience and efficiency. This is nothing more than routing optimization of a loading scheme based on the store layout to improve unloading efficiency and reduce in-store travel during unloading. See MPEP §2144.05(II). Regarding claims 3-4, 10-11, 14-15, 21-22, 25-26, and 32-33, using repeated or nested loops to evaluate combinations of store aisles and package arrangements would have been an obvious programming implementation choice for a controller, such as the management system in Mountz above, configured to generate pallet load sequences and optimizing pallet configuration constraints to determine efficient pallet configurations. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mountz so that the pallet to order store affinity characteristic includes using repeated or nested loops to evaluate combinations of store aisles and package arrangements, as mentioned above, as an obvious programming implementation choice for a controller configured to generate pallet load sequences and optimizing pallet configuration constraints to determine efficient pallet configurations. Regarding claims 5-9, 16-20, and 27-31, resolving the pallet loads so as to maximize pallet load volume, maximize pallet load weight, maximize the number of packages included with the pallet load, and minimizing the number of pallet store aisles represented within each pallet load, as described above, as an obvious matter of design choice. Maximizing pallet load volume or pallet load weight, maximizing the number of packages included with the pallet load while minimizing the number of pallet store aisles represented within each pallet load would have been obvious objectives when generating pallet loads according to store aisle relationships and retail store distribution or requirements to minimize overall shipping, space utilization, and labor costs. See MPEP §2144.05 (II). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Mountz to resolve the pallet loads so as to maximize pallet load volume or pallet load weight, maximize the number of packages included with the pallet load, and minimizing the number of pallet store aisles represented within each pallet load described above, since these are obvious objectives when generating pallet loads according to store aisle relationships and retail store distribution or requirements to minimize overall shipping, space utilization, and labor costs. Related Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. O-Hern (US 2023/0112778): Para. 0063, objects may be loaded into mobile destination locations that correspond to specific locations (e.g., aisles) at a distribution site such as a retail store. Meurer (WO 2022/248306 A1): palletizer stacks items based on a sequence that is predetermined based on order information and preferences (store layout, etc.). Murphy, (US PG. Pub. 20220383254): pallet build sequence groups items based on aisles. Abstract. DeJarnette (US PG. Pub. 2019/0310646). Lisso (US PG. Pub. 2021/0323776). Meurer (US PG. Pub. 2021/0130098) Conclusion 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
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Prosecution Timeline

Dec 08, 2022
Application Filed
Nov 03, 2025
Non-Final Rejection mailed — §103
Apr 03, 2026
Response Filed
Jun 05, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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

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Prosecution Projections

2-3
Expected OA Rounds
87%
Grant Probability
96%
With Interview (+8.9%)
2y 3m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1122 resolved cases by this examiner. Grant probability derived from career allowance rate.

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