Prosecution Insights
Last updated: April 19, 2026
Application No. 18/182,957

CONTROL DEVICE AND WAREHOUSE MANAGEMENT SYSTEM

Non-Final OA §102§103
Filed
Mar 13, 2023
Examiner
CUMBESS, YOLANDA RENEE
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Kabushiki Kaisha Toshiba
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
96%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
970 granted / 1113 resolved
+35.2% vs TC avg
Moderate +9% lift
Without
With
+8.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
25 currently pending
Career history
1138
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
42.3%
+2.3% vs TC avg
§102
26.7%
-13.3% vs TC avg
§112
29.1%
-10.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1113 resolved cases

Office Action

§102 §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 . Claim Objections Claims 1, 6 and 7 are objected to because of the following informalities: Relative to claim 1, lines 17-23, the phrase “switch between moving, by the transport vehicle, the movable shelf to a first position suitable for removing an article from a first shelf and a second position suitable for removing an article from a second shelf higher than the first shelf, based on the acquired movable shelf identification information and shelf height information”, can be revised to be put into better form. An example of the phrase may be: “wherein the process is configured to… instruct the transport vehicle to move the movable shelf to a first position, the first position being suitable for removing an article from a first shelf within a certain height range (or below a certain height), and to move the movable shelf to a second position, the second position being suitable for removing an article from a second shelf within a second height range that is higher than the height range suitable for removing the article at the first position, wherein the transport vehicle is instructed to move to the first position or the second position based on the acquired movable shelf identification information and shelf height information.” Similar revision should be applied to claim 7. Relative to claim 6, the claim can be revised to be placed into better form. Does Applicant mean: “the first position is a picking station that includes a picking robot configured to pick articles from a movable shelf at a first height range, and the second position is a picking station that includes a picking robot configured to pick articles from a second height range that is higher than the first height range.” 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) 1-5 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kimura et al (US PG. Pub. 2016/0229631). Relative to claims 1-5 Kimura, discloses: A control device (1000)(Fig. 2) comprising: a communication unit (inherently included since control unit transmits information and instructs the AGV’s) configured to communicate with a transport vehicle (1)(Fig. 1) (AGV’, 1) and a host server (see server, Para. 0044; 0046), the transport vehicle (1)(Fig. 1) being configured to move a movable shelf (2)(Fig. 3) storing an article (Para. 0046, shelves 2 store articles); and a processor (inherently included, Para. 0044), the processor is configured to: acquire from the host server, by the communication unit, a removal instruction indicating an article to be removed (Para. 0045, control unit transmits information of a plurality of products, ID’s of products to be picked); acquire, based on the removal instruction, movable shelf identification information for identifying the movable shelf (2) having a plurality of shelves for storing the article (Para. Controller also transmits the movable rack ID where the article is stored, which is stored in a database; Para. 0050-0051; 0057)(Fig. 10) and shelf height information on a shelf height at which the article is stored on the movable shelf (database includes a position on the shelf where the article is located, such as the rack inside location, Para. 0050, which inherently includes the height of the shelf from the ground where the article is stored)(Fig. 6); and switch between moving, by the transport vehicle (1)(Fig. 1) (AGV), the movable shelf (2) to a first position suitable for removing an article from a first shelf and a second position suitable for removing an article from a second shelf higher than the first shelf, based on the acquired movable shelf identification information and shelf height information (based on the height or placement of the article on the shelf 2, the AGV is instructed to move the rack 2 to a picking location 3 where the stand 2502 is not present, if the height is high on the shelf and more difficult for a worker to reach, the AGV transports the rack 2 to a picking location with a stand so that he worker can reach the article to be picked (Fig. 15a; Para. 0117)(Fig. 15A-15C); claim 2) based on the acquired shelf height information, the processor is configured to perform control in such a manner that the movable shelf (2) is moved by the transport vehicle (1)(Fig. 1) to the first position if the shelf height is less than a preset threshold, and the movable shelf (2) is moved by the transport vehicle (1)(Fig. 1) to the second position if the shelf height is equal to or greater than the preset threshold (Para. 0117, movable racks 2 are moved to one picking location if the product is stored in a lower area within reach of the worker, racks are moves to another picking location with a stand if the position on the rack is high and therefore out of the workers reach)(Fig. 15A-15C); claim 3) a database (information table) in which article identification information of the article (see ID’s of products) and the shelf height information (inside rack position, Fig. 6) are associated with each other (Para. 0050), the processor is configured to switch a movement destination of the movable shelf (2) between the first position and the second position based on the shelf height information associated with the article identification information of the article acquired from the database (the position of the article on the rack, which inherently includes the shelf level, is stored in the information table, and the control system determines, based on the article height information, which picking location 3 the rack should be moved to, Para. 0117-0118); claim 4) the article identification information of the article (article ID’s), the movable shelf identification information (rack ID), movable shelf position information indicating a position of the movable shelf (see movable rack location ID, 1905), shelf identification information for identifying a shelf on which the article is stored on the movable shelf (rack inside position), and the shelf height information (included with rack inside position) are associated with each another in advance in the database (Para. 0050)(Fig. 6), and the removal instruction indicates the article identification information of the article (Para. 0057-0058); and claim 5) the processor (included in control system, 1000) performs control to output a notification to a display device at a movement destination of the movable shelf (2)(Para. 0045). Relative to claim 7, the disclosure of Kimura includes: A warehouse management system comprising a transport vehicle (1)(Fig. 1), a control device (1000), and a database (information table), the transport vehicle (1)(Fig. 1) includes: a traveling base (see base of robot, supported by wheels, 1)(Fig. 3); a moving mechanism that moves the traveling base in response to a control signal from the control device (Para. 0058, moving mechanism is inherently included since the AGV autonomously navigates the environment on wheels); and a lifter that moves up and down a movable shelf (2) that stores an article (lifter is inherently included; Para. 0058, AGV lifts up the rack), and movable shelf identification information (rack ID) for identifying a movable shelf (2) having a plurality of shelves for storing an article and shelf height information (rack inside position) of a shelf that stores the article on the movable shelf (2) are associated with each other in advance in the database (Para. 0048; 0050), and the control device (1000) includes: a communication unit (inherently included) that communicates with the transport vehicle (1)(Fig. 1) and a host server (Para. 0044); and a processor (see CPU, Para. 0044), and the processor is configured to: acquire from the host server by the communication unit a removal instruction indicating an article to be removed (Para. 0046, 0058); acquire the movable shelf identification information (rack ID) and the shelf height information (rack inside position) from the database based on the removal instruction (Para. 0057); and switch, based on the acquired movable shelf identification information (rack ID) and shelf height information (rack inside position), between moving, by the transport vehicle (1)(Fig. 1), the movable shelf (2) to a first position suitable for removing an article from a first shelf and a second position suitable for removing an article from a second shelf higher than the first shelf (Para. 0117-0118, racks 2 are moved to picking locations 3 based on the height of shelf on which the product is stored, articles positioned lower move to picking locations 3 without a stand, higher articles are moved to picking locations with a stand to allow the worker to reach the article). 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) 6 (as understood by the Examiner) is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura in view of Stubbs et al (US PG. Pub. 2017/0166399). Relative to claim 6, Kimura discloses all claim limitations mentioned above, but does not expressly disclose: the first position is a picking station for a picking robot stationed at a first height, and the second position is a picking station for a picking robot stationed at a second height higher than the first height. Stubbs teaches: the first position is a picking station for a picking robot (118)(Fig. 1), and the second position is a picking station for a picking robot (118)(Fig. 1)(mobile robotic units, 118, are selected to move to a particular area to transfer items to or from holders 102, 104 that are supported by mobile drive units, the mobile manipulator unit 118, and mobile container unit 114 in an area together define an inventory transfer station, which may be considered a picking station, See Para. 0021; the mobile manipulator units 118 are selected and instructed to move to an area by the management module 215, based on inventory requests; Para. 0032; Para. 0076, Fig. 10, see multiple mobile manipulator units 1025 which may be selected and moved to an area) for the purpose of providing a modern inventory system that can handle a large number of diverse inventory-related tasks and that efficiently utilizes resources, decreases risks of backlogs of unfinished tasks, improves overall system performance, and minimizes costs (Para. 0001). 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 Kimura so that the first and second positions are picking stations for a picking robot described above, as taught in Stubbs for the purpose of providing a modern inventory system that can handle a large number of diverse inventory-related tasks and that efficiently utilizes resources, decreases risks of backlogs of unfinished tasks, improves overall system performance, and minimizes costs. Relative to claim 6, Kimura in view of Stubbs discloses all claim limitations mentioned above, but does not expressly disclose: the picking station for the picking robot at the first position is for picking at a first height, and picking station for the picking robot at the second position is for picking at a second height higher than the first height. Kimura in view of Stubbs can be modified so that the picking station for the picking robot at the first position is for picking at a first height, and picking station for the picking robot at the second position is for picking at a second height higher than the first height, as a matter of design choice. The mobile manipulator units (118) of Stubbs can pick from varying heights of the container holders (102, 104)(Fig. 1), including the top shelf and the bottom shelf (See Fig. 1). The management module 215 is flexibly designed to select components such as the mobile manipulator units, mobile container units, container holders, and specific areas within the facility to define inventory transfer stations, or picking locations, to complete picking tasks based on inventory requests (Para. 0032-0033). Therefore, it is obvious to assign specific mobile manipulator units (118), mobile container units, and container holders, to define at least a first and second inventory transfer station at locations wherein the mobile manipulator units pick items from container holders within the workspace. Additionally, the management module 215 may designate certain inventory transfer stations to include mobile manipulators (118) to pick items from lower levels of the container holders (102, 104), and other inventory transfer stations to mobile manipulators 118 to pick items from higher levels of container holders, as a matter of design choice based on the user’s preference to ensure efficient use of space, equipment, manpower and other resources, thereby maximizing throughput. 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 Kimura in view of Stubbs so that the picking station for the picking robot at the first position is for picking at a first height, and picking station for the picking robot at the second position is for picking at a second height higher than the first height described above, as an obvious matter of design choice based on the user’s preference based on the user’s preference to ensure efficient use of space, equipment, manpower and other resources, thereby maximizing throughput. Related Art: The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nusser (US Patent No. 9,733,646) includes a system for a heterogenous fleet of robotic devices for use in a warehouse that also includes fixed robotic manipulators 122 at locations within the warehouse for picking and transferring items to and from vehicles for fulfilling inventory related tasks Fig. 1A. 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 9-5. 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, 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. /YOLANDA R CUMBESS/Primary Examiner, Art Unit 3655
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Prosecution Timeline

Mar 13, 2023
Application Filed
Dec 12, 2025
Non-Final Rejection — §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

1-2
Expected OA Rounds
87%
Grant Probability
96%
With Interview (+8.8%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 1113 resolved cases by this examiner. Grant probability derived from career allow rate.

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