Prosecution Insights
Last updated: July 17, 2026
Application No. 18/249,610

METHOD, SYSTEM AND COMPUTER PROGRAM PRODUCT FOR CONTROLLING MOVEMENT OF A PLURALITY OF CONTAINER HANDLING VEHICLES

Non-Final OA §103
Filed
Apr 19, 2023
Priority
Nov 17, 2020 — NO 20201251 +1 more
Examiner
TRAN, SARAH ASHLEY
Art Unit
3656
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
AutoStore Technology A/S
OA Round
3 (Non-Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
81 granted / 121 resolved
+14.9% vs TC avg
Strong +23% interview lift
Without
With
+23.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
17 currently pending
Career history
138
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
91.9%
+51.9% vs TC avg
§102
4.2%
-35.8% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 121 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 . Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-3, 5-8, 10-13, 15-18, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Austrheim (WO 2019206672 A2) in view of Fjeldheim (NO 20171874 A1) Regarding claim 1, Austrheim teaches A method of controlling movement of a plurality of container handling vehicles on a rail system arranged at least partially across a top of framework structure of an automated storage and retrieval system (Fig. 1 Page 5 Line 16-18 For monitoring and controlling the automated storage and retrieval system 1, e.g. monitoring and controlling the location of respective storage containers 106 within the grid 104, the content of each storage container 106;), on which rail system the plurality of container handling vehicles are operable to handle storage containers (Page 1 Line 25-29 The automated storage and retrieval system 1 comprises a rail system 108 arranged in a grid pattern across the top of the storage columns 105, on which rail system 108 a plurality of container handling vehicles 201,301 are operated to raise storage containers 106 from and lower storage containers 106 into the storage columns 105, and also to transport the storage containers 106 above the storage columns 105. ), and where a control system, which is in communication with a local controller in each container handling vehicle, performs a method comprising: (Page 18 Lines 5-9 The drive system of the unit 60ais here controlled by means of communication signals from the control system of the support vehicle 20 or the system 1) instructing a first container handling vehicle to move in a first direction towards a grid cell designated as a first target position on the rail system; (Page 16 Line 13-18 It is here referred to fig. 11, 12 and 13. Here, the support vehicle 20 is connected to an intermediate supporting unit 60. The purpose of the intermediate supporting unit 60 is to transport a failed container handling vehicle 301 which is stuck in position Pl in fig. 18 and is not itself capable to move to the service area due to a failure, such as an empty battery, an electrical or mechanical failure etc. To fix the vehicle 301, it must be moved to the service area.) instructing a second container handling vehicle to move in the first direction towards the first target position such that the second container handling vehicle physically contacts the first container handling vehicle, and the second container handling vehicle after contact applies a push force on the first container handling vehicle to maintain physical contact. (Page 17 Line 1-5 In fig. 11, it is shown that the additional support unit 60 comprises a further connection system 70 for connection to a container handling vehicle 301. The connection system 70 comprises a wheel actuator 72 and a push body 74, 75 for contact with the container handling vehicle 301 when it is pushed by the support vehicle 20.) Austrheim does not expressly disclose but Fjeldheim discloses a first container handling vehicle of a plurality of container handling vehicles (Fig. 1 a plurality of container handling vehicles 201) a second container handling vehicle of a plurality of container handling vehicles (Fig. 1 a plurality of container handling vehicles 201) wherein each of the plurality of container handling vehicles comprises a lifting device for raising a storage container from a storage column of the framework structure and for lowering a storage container into a storage column of the framework structure, (Page 1 Line 23-35 The automated storage and retrieval system 1 comprises a rail system 108 arranged in a grid pattern across the top of the storage columns 105, on which rail system 108 a plurality of container handling vehicles 201,301 are operated to raise storage containers 106 from and lower storage containers 106 into the storage columns 105, and also to transport the storage containers 106 above the storage columns 105. The rail system 108 comprises a first set of parallel rails 110 arranged to guide movement of the container handling vehicles 201,301 in a first direction X across the top of the frame structure 100, and a second set of parallel rails 111 arranged perpendicular to the first set of rails 110 to guide movement of the container handling vehicles 201,301 in a second direction Y which is perpendicular to the first direction X. ) Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Austrheim with the teachings of Fjeldheim with a reasonable expectation of success by lifting and transporting storage containers by a vehicle as taught by Fjeldheim (Page 1 Line 3-4). Regarding claim 2, Austrheim teaches The method according to claim 1, wherein instructing to apply a push force comprises instructing the second container handling vehicle to exceed a non-pushing force required for movement of the second container handling vehicle. (Page 15 Line 27-30 Movement of the support vehicle 20 towards the unit will cause the unit to be pushed by the support vehicle. In the two directions mentioned here, the support vehicle 20 and the unit will move along tracks 110 of fig. 11.) Regarding claim 3, Austrheim teaches The method according to claim 2, wherein the non-pushing force is exceeded by 2 - 25%. (Page 15 Line 27-30 Movement of the support vehicle 20 towards the unit will cause the unit to be pushed by the support vehicle. In the two directions mentioned here, the support vehicle 20 and the unit will move along tracks 110 of fig. 11.) Regarding claim 5, Austrheim teaches The method according to claim 1,wherein instructing to apply a push force comprises instructing the second container vehicle to move according to a movement vector exceeding a corresponding movement vector of the first container handling vehicle in the first direction. (Page 15 Line 27-30 Movement of the support vehicle 20 towards the unit will cause the unit to be pushed by the support vehicle. In the two directions mentioned here, the support vehicle 20 and the unit will move along tracks 110 of fig. 11.) Regarding claim 6, Austrheim teaches The method according to claim 5, wherein the corresponding movement vector of the first container handling vehicle in the first direction is exceeded by 2 - 25%.(Page 15 Line 27-30 Movement of the support vehicle 20 towards the unit will cause the unit to be pushed by the support vehicle. In the two directions mentioned here, the support vehicle 20 and the unit will move along tracks 110 of fig. 11.) Regarding claim 7, Austrheim teaches The method according to claim 1, wherein the method further comprises after determining that the first container handling vehicle has not moved within a predetermined time interval, stopping applying the push force on the first container handling vehicle. (Page 5 Line 18-21 he movement of the container handling vehicles 201,301 so that a desired storage container 106 can be delivered to the desired location at the desired time without the container handling vehicles 201,301 colliding with each other, ) Regarding claim 8, Austrheim teaches The method according to claim 7, wherein the determination that the first container handling vehicle has not moved within the predetermined time interval comprises determining with the second container handling vehicle that the second container handling vehicle has not moved within the predetermined time interval. (Page 5 Line 18-21 he movement of the container handling vehicles 201,301 so that a desired storage container 106 can be delivered to the desired location at the desired time without the container handling vehicles 201,301 colliding with each other, ) Regarding claim 10, Austrheim teaches The method according to claim 1, wherein the method further comprises upon determining with the second container handling vehicle that the first container handling vehicle is moving, increasing the push force on the first container handling vehicle. (Page 5 Line 16-23 For monitoring and controlling the automated storage and retrieval system 1, e.g. monitoring and controlling the location of respective storage containers 106 within the grid 104, the content of each storage container 106; and the movement of the container handling vehicles 201,301 so that a desired storage container 106 can be delivered to the desired location at the desired time without the container handling vehicles 201,301 colliding with each other, the automated storage and retrieval system 1 comprises a control system which typically is computerized and which typically comprises a database for keeping track of the storage containers 106.) Regarding claim 11, Austrheim teaches An automated storage and retrieval system comprising a plurality of container handling vehicles on a rail system arranged at least partially across a top of framework structure of the automated storage and retrieval system (Fig. 1 Page 5 Line 16-18 For monitoring and controlling the automated storage and retrieval system 1, e.g. monitoring and controlling the location of respective storage containers 106 within the grid 104, the content of each storage container 106;), on which rail system the plurality of container handling vehicles are operable to handle storage containers (Page 1 Line 25-29 The automated storage and retrieval system 1 comprises a rail system 108 arranged in a grid pattern across the top of the storage columns 105, on which rail system 108 a plurality of container handling vehicles 201,301 are operated to raise storage containers 106 from and lower storage containers 106 into the storage columns 105, and also to transport the storage containers 106 above the storage columns 105. ), and a control system adapted to be in communication with a local controller in each controller handling vehicle, the control system further being adapted to perform the steps of: (Page 18 Lines 5-9 The drive system of the unit 60ais here controlled by means of communication signals from the control system of the support vehicle 20 or the system 1) instructing a first container handling vehicle to move in a first direction towards a grid cell designated as a first target position on the rail system; (Page 16 Line 13-18 It is here referred to fig. 11, 12 and 13. Here, the support vehicle 20 is connected to an intermediate supporting unit 60. The purpose of the intermediate supporting unit 60 is to transport a failed container handling vehicle 301 which is stuck in position Pl in fig. 18 and is not itself capable to move to the service area due to a failure, such as an empty battery, an electrical or mechanical failure etc. To fix the vehicle 301, it must be moved to the service area.) instructing a second container handling vehicle to move in the first direction towards the first target position such that the second container handling vehicle physically contacts the first container handling vehicle, and the second container handling vehicle after contact applies a push force on the first container handling vehicle to maintain physical contact. (Page 17 Line 1-5 In fig. 11, it is shown that the additional support unit 60 comprises a further connection system 70 for connection to a container handling vehicle 301. The connection system 70 comprises a wheel actuator 72 and a push body 74, 75 for contact with the container handling vehicle 301 when it is pushed by the support vehicle 20.) Austrheim does not expressly disclose but Fjeldheim discloses a first container handling vehicle of a plurality of container handling vehicles (Fig. 1 a plurality of container handling vehicles 201) a second container handling vehicle of a plurality of container handling vehicles (Fig. 1 a plurality of container handling vehicles 201) wherein each of the plurality of container handling vehicles comprises a lifting device for raising a storage container from a storage column of the framework structure and for lowering a storage container into a storage column of the framework structure, (Page 1 Line 23-35 The automated storage and retrieval system 1 comprises a rail system 108 arranged in a grid pattern across the top of the storage columns 105, on which rail system 108 a plurality of container handling vehicles 201,301 are operated to raise storage containers 106 from and lower storage containers 106 into the storage columns 105, and also to transport the storage containers 106 above the storage columns 105. The rail system 108 comprises a first set of parallel rails 110 arranged to guide movement of the container handling vehicles 201,301 in a first direction X across the top of the frame structure 100, and a second set of parallel rails 111 arranged perpendicular to the first set of rails 110 to guide movement of the container handling vehicles 201,301 in a second direction Y which is perpendicular to the first direction X. ) Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Austrheim with the teachings of Fjeldheim with a reasonable expectation of success by lifting and transporting storage containers by a vehicle as taught by Fjeldheim (Page 1 Line 3-4). Regarding claim 12, Austrheim teaches The system according to claim 11, wherein instructing to apply a push force comprises instructing the second container handling vehicle to exceed a non-pushing force required for default movement of the second container handling vehicle. (Page 15 Line 27-30 Movement of the support vehicle 20 towards the unit will cause the unit to be pushed by the support vehicle. In the two directions mentioned here, the support vehicle 20 and the unit will move along tracks 110 of fig. 11.) Regarding claim 13, Austrheim teaches The system according to claim 12, wherein the non-pushing force is exceeded by 2 - 25%.(Page 15 Line 27-30 Movement of the support vehicle 20 towards the unit will cause the unit to be pushed by the support vehicle. In the two directions mentioned here, the support vehicle 20 and the unit will move along tracks 110 of fig. 11.) Regarding claim 15, Austrheim teaches The system according to claim 11,wherein instructing to apply a push force comprises instructing the second container vehicle to move according to a movement vector exceeding a corresponding movement vector of the first container handling vehicle in the first direction. (Page 15 Line 27-30 Movement of the support vehicle 20 towards the unit will cause the unit to be pushed by the support vehicle. In the two directions mentioned here, the support vehicle 20 and the unit will move along tracks 110 of fig. 11.) Regarding claim 16, Austrheim teaches The system according to claim 15, wherein the corresponding movement vector of the first container handling vehicle in the first direction is exceeded by 2 - 25%. (Page 15 Line 27-30 Movement of the support vehicle 20 towards the unit will cause the unit to be pushed by the support vehicle. In the two directions mentioned here, the support vehicle 20 and the unit will move along tracks 110 of fig. 11.) Regarding claim 17, Austrheim teaches The system according to claim 11,wherein the second container handling vehicle is adapted to stop applying the push force on the first container handling vehicle after determining that the first container handling vehicle has not moved within a predetermined time interval. (Page 5 Line 18-21 he movement of the container handling vehicles 201,301 so that a desired storage container 106 can be delivered to the desired location at the desired time without the container handling vehicles 201,301 colliding with each other, ) Regarding claim 18, Austrheim teaches The system according to claim 17, wherein the second container handling vehicle is adapted to determine that the first container handling vehicle has not moved within the predetermined time interval by determining that the second container handling vehicle has not moved within the predetermined time interval. (Page 5 Line 18-21 he movement of the container handling vehicles 201,301 so that a desired storage container 106 can be delivered to the desired location at the desired time without the container handling vehicles 201,301 colliding with each other, ) Regarding claim 20, Austrheim teaches The system according to claim 11,wherein the second container handling vehicle is adapted to upon determining that the first container handling vehicle is moving, increasing the push force on the first container handling vehicle. (Page 5 Line 16-23 For monitoring and controlling the automated storage and retrieval system 1, e.g. monitoring and controlling the location of respective storage containers 106 within the grid 104, the content of each storage container 106; and the movement of the container handling vehicles 201,301 so that a desired storage container 106 can be delivered to the desired location at the desired time without the container handling vehicles 201,301 colliding with each other, the automated storage and retrieval system 1 comprises a control system which typically is computerized and which typically comprises a database for keeping track of the storage containers 106.) Regarding claim 21, Austrheim teaches The system according to claim 11, wherein contact areas between the first container handling vehicle and the second container handling vehicle is provided with a low friction protection surface. (Page 9 Lines 21-26 Preferably, the connection system provides a rigid connection between the support vehicle and the connection interface. Hence, when the connection system is connected the connection interface, relative movement between the support vehicle and the connection interface is prevented by the engagement between the connector member and keyhole, and also by the engagement between the contact surfaces of the contact bodies and the front surface of the connection interface.) Regarding claim 22, Austrheim teaches A computer program product for a control system in an automated storage and retrieval system comprising a plurality of container handling vehicles on a rail system arranged at least partially across a top of framework structure of the automated storage and retrieval system (Fig. 1 Page 5 Line 16-18 For monitoring and controlling the automated storage and retrieval system 1, e.g. monitoring and controlling the location of respective storage containers 106 within the grid 104, the content of each storage container 106;), on which rail system the plurality of container handling vehicles are operable to handle storage containers (Page 1 Line 25-29 The automated storage and retrieval system 1 comprises a rail system 108 arranged in a grid pattern across the top of the storage columns 105, on which rail system 108 a plurality of container handling vehicles 201,301 are operated to raise storage containers 106 from and lower storage containers 106 into the storage columns 105, and also to transport the storage containers 106 above the storage columns 105. ), wherein the control system is adapted to be in communication with a local controller in each controller handling vehicle, and wherein the computer program product comprises instructions that when performed by the control system causes the control system to perfrom a method comprising: (Page 18 Lines 5-9 The drive system of the unit 60ais here controlled by means of communication signals from the control system of the support vehicle 20 or the system 1) instructing a first container handling vehicle to move in a first direction towards a grid cell designated as a first target position on the rail system; (Page 16 Line 13-18 It is here referred to fig. 11, 12 and 13. Here, the support vehicle 20 is connected to an intermediate supporting unit 60. The purpose of the intermediate supporting unit 60 is to transport a failed container handling vehicle 301 which is stuck in position Pl in fig. 18 and is not itself capable to move to the service area due to a failure, such as an empty battery, an electrical or mechanical failure etc. To fix the vehicle 301, it must be moved to the service area.) instructing a second container handling vehicle to move in the first direction towards the first target position such that the second container handling vehicle physically contacts the first container handling vehicle, and the second container handling vehicle after contact applies a push force on the first container handling vehicle to maintain physical contact. (Page 17 Line 1-5 In fig. 11, it is shown that the additional support unit 60 comprises a further connection system 70 for connection to a container handling vehicle 301. The connection system 70 comprises a wheel actuator 72 and a push body 74, 75 for contact with the container handling vehicle 301 when it is pushed by the support vehicle 20.) Austrheim does not expressly disclose but Fjeldheim discloses a first container handling vehicle of a plurality of container handling vehicles (Fig. 1 a plurality of container handling vehicles 201) a second container handling vehicle of a plurality of container handling vehicles (Fig. 1 a plurality of container handling vehicles 201) wherein each of the plurality of container handling vehicles comprises a lifting device for raising a storage container from a storage column of the framework structure and for lowering a storage container into a storage column of the framework structure, (Page 1 Line 23-35 The automated storage and retrieval system 1 comprises a rail system 108 arranged in a grid pattern across the top of the storage columns 105, on which rail system 108 a plurality of container handling vehicles 201,301 are operated to raise storage containers 106 from and lower storage containers 106 into the storage columns 105, and also to transport the storage containers 106 above the storage columns 105. The rail system 108 comprises a first set of parallel rails 110 arranged to guide movement of the container handling vehicles 201,301 in a first direction X across the top of the frame structure 100, and a second set of parallel rails 111 arranged perpendicular to the first set of rails 110 to guide movement of the container handling vehicles 201,301 in a second direction Y which is perpendicular to the first direction X. ) Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify Austrheim with the teachings of Fjeldheim with a reasonable expectation of success by lifting and transporting storage containers by a vehicle as taught by Fjeldheim (Page 1 Line 3-4). Response to Arguments Applicants arguments filed 3/6/2026 have been fully considered as follows: Applicant argues that the 35 USC 103 rejections to the claims should not be maintained in view of “The Office action does not provide an explicit one-to-one mapping of such reference components to the claimed structure, and the Office's comments on pages 3 and 11 of the Office action appear inconsistent.” However, the support vehicle 20 is considered the second container handling vehicle and the container handling vehicle 301 is considered the first container handling vehicle. Applicant argues “each of the first and second container handling vehicles features a lifting device configured to raise a storage container from a storage column of the framework structure and to lower a storage container into a storage column of the framework structure.” However, in view of the amendment a new ground of rejection is above. Applicant argues “Consequently, neither of "support vehicle 20", "intermediate supporting unit 60", nor "connection system 70" (whether alone or in combination) may be reasonably considered a "container handling vehicle" as defined by the amended claims. Based on the foregoing, the prior art of Austrheim fails to fairly teach or suggest "the second container handling vehicle physically contacts the first container handling vehicle, and the second container handling vehicle after contact applies a push force on the first container handling vehicle to maintain physical contact" as recited in the amended claims. The claimed approach requires no dedicated support vehicles or structural modifications to the vehicles and allows each vehicle to perform both container raising/lowering and pushing operations.” However, Austrheim teaches Page 6 Lines 4-6 The robotic service device further comprises a connection interface for connection to container handling vehicles in order to rescue them, i.e. to push or pull them to a desired location and Page 6 Lines 15-23 One object of the invention is to provide a flexible support vehicle for such storage systems, i.e. the object is that the same support vehicle should be used for several types of support operations. One example of such a support operation is to move a further vehicle, such as a container handling vehicle, to a predefined location, typically a service area, where the further vehicle can be repaired, maintained or transported further away from the grid. Another example of such a support operation is to clean the grid. Another example of such a support operation is to move a person, equipment (for example tools, spare parts etc.) or other objects from a first location to a second location. Allowable Subject Matter Claims 4, 9, 14, and 19 allowed. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH TRAN whose telephone number is (313)446-6642. The examiner can normally be reached 8am-5pm M-F. 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, Khoi Tran can be reached at (571) 272-6919. 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. /S.A.T./Examiner, Art Unit 3656 /KHOI H TRAN/Supervisory Patent Examiner, Art Unit 3656
Read full office action

Prosecution Timeline

Apr 19, 2023
Application Filed
Jun 04, 2025
Non-Final Rejection mailed — §103
Sep 04, 2025
Response Filed
Dec 17, 2025
Final Rejection mailed — §103
Mar 06, 2026
Request for Continued Examination
Mar 26, 2026
Response after Non-Final Action
Jul 01, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
90%
With Interview (+23.1%)
3y 7m (~4m remaining)
Median Time to Grant
High
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