Office Action Predictor
Last updated: April 15, 2026
Application No. 18/277,923

IMPROVED COOLING AIR DISTRIBUTION IN AN AUTOMATED GRID-BASED STORAGE AND RETRIEVAL SYSTEM

Final Rejection §103
Filed
Aug 18, 2023
Examiner
VAZQUEZ, ANA M
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Autostore Technology As
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
686 granted / 857 resolved
+10.0% vs TC avg
Strong +23% interview lift
Without
With
+23.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
40 currently pending
Career history
897
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
46.5%
+6.5% vs TC avg
§102
23.2%
-16.8% vs TC avg
§112
25.2%
-14.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 857 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 (i.e., changing from AIA to pre-AIA ) 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. Claim(s) 1, 5, 8-9, 14, 16-20 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leavens (US 5,778,557) in view of Zhang (US 10,663,210). Regarding claim 1, Leavens discloses an automated, grid-based storage and retrieval system (refer to figs. 1-5), said system comprising: a framework structure comprising vertically extending members (94) and a grid of horizontal rails (92) provided at upper ends of said vertical members (refer to fig. 1), the framework structure defining: a storage volume (where 38 is located) disposed below the horizontal rails (92), and an air release volume (60, 62, 86, 88, 90) disposed below the horizontal rails (92) and above the storage volume (refer to figs. 2A, 2B), a cooler system (refer to col. 2, lines 30-33) for releasing cooling air into the air release volume, said cooler system comprising: at least one air deflecting element (46a-46d) provided in the air release volume, said at least one air deflecting element (46a-46d) extending between vertically extending members (refer to fig. 1), wherein said at least one air deflecting element (46a-46d) is arranged to deflect a flow of released cooling air from the cooler system downward to the storage volume (refer to figs. 2A-2B), wherein the deflected cooling air is introduced into the storage volume from above and propagates in a vertical direction downward through the storage volume, wherein the system is being provided within a laterally delimited volume (comprised by walls 30, 32), wherein at least one side duct (86, 90, refer to fig. 3) is provided at an inner periphery of said volume, and wherein said at least one side duct is delimited by a wall (30, 32) of the laterally delimited volume and by cover plates (48, 50, fig. 2C). While Leavens discloses wherein a distal fluid control unit (54) is arranged to drive air through the side duct, Leavens fails to explicitly disclose wherein the distal fluid control unit comprises a fan. However, Zhang teaches a blast cell cooling with guided airflow (refer to Fig. 4), comprising a distal fan (130) arranged to circulate air through a bay space (refer to col. 6, lines 44-45), such that the fan (130) can be connected to a fan controller to provide a variable-frequency drive that varies fan speeds as the need for different volumes of air circulation changes (refer to col. 7, lines 45-48). Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Leavens such that the distal fluid control unit comprises a fan in view of the teachings by Zhang, in order to be able to change the volume of air as the need for different volumes of air circulation changes. Regarding claim 5, Leavens as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Leavens as modified discloses wherein an air channel (refer to fig. 4 below) is provided below said storage volume (in the instant case, the air channel is provided below a storage volume of second tier of palletized products as in fig. 4). PNG media_image1.png 354 520 media_image1.png Greyscale Regarding claim 8, Leavens as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Leavens as modified discloses wherein an air deflecting surface of the at least one air deflecting element (46a-46d, 48, 50) is flat (refer to fig. 3). Regarding claim 9, Leavens as modified meets the claim limitations as disclosed above in the rejection of claim 8. Further, Leavens as modified discloses wherein an angle of attack (refer to fig. 3 below) between the air deflecting surface of the at least one air deflecting element (refer to 46b, fig. 3 below) and the flow direction of the released cooling air is acute (angle measuring less than 90 degrees but greater than 0 degrees). PNG media_image2.png 300 502 media_image2.png Greyscale Regarding claim 14, Leavens as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Leavens as modified discloses wherein the at least one air deflecting element (46a-46d) is rotatable about its longitudinal axis (refer to col. 3, lines 56-57, wherein said elements are movable as can be seen from fig. 3). Regarding claim 16, Leavens as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Leavens as modified discloses wherein the at least one air deflecting element (refer to air deflecting elements 48, 50) bridges adjacent vertical members (94, figs. 1 and 5). Regarding claim 17, Leavens as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Leavens as modified discloses wherein a subset (48, 50) of air deflecting elements (46a-46d, 48, 50) consists of all air deflecting elements bridging adjacent vertical members (refer to figs. 1 and 5). Regarding claim 18, Leavens as modified meets the claim limitations as disclosed above in the rejection of claim 17. Further, Leavens as modified discloses wherein the cooler system comprises at least one set of air deflecting elements comprising a plurality of successively arranged subsets (46a-46d) of air deflecting elements. Regarding claim 19, Leavens as modified meets the claim limitations as disclosed above in the rejection of claim 18. Further, Leavens as modified discloses wherein a rotational position of the air deflecting elements (refer to fig. 3) of a most proximal set (46a-46d) of air deflecting elements is a function of a velocity profile of the released cooling air (refer to col. 6, lines 9-22, wherein each baffle is independently automatically or manually moved between a retracted position in which they rest against a side wall, and a sealing position in which they are sealed against a row of the palletized product, i.e., when the released cooling air is circulating, therefore, the system having the capability of providing a rotational position of the air deflecting elements of a most proximal set of air deflecting elements being a function of a velocity profile of the released cooling air). Regarding claim 20, Leavens as modified meets the claim limitations as disclosed above in the rejection of claim 18. Further, Leavens as modified discloses wherein a rotational position of the air deflecting elements of a set (refer to 46a, 46c as in fig. 3) of air deflecting elements is a function of a rotational position of the air deflecting elements of a preceding set (refer to 46b, 46d) of air deflecting elements. Regarding claim 29, Leavens discloses a method of cooling a storage volume in an automated, grid-based storage and retrieval system, said method comprising: providing a framework structure comprising vertically extending members (94) and a grid of horizontal rails (92) provided at upper ends of said vertical members, providing a storage volume (where 38 is located) disposed below the horizontal rails (92), providing an air release volume (60, 62) disposed below the horizontal rails (92) and above the storage volume, providing at least one air deflecting element (46a-46d) in the air release volume, releasing cooling air into the air release volume (by means of control unit 54), deflecting a flow of released cooling air downward by means of at least one air deflecting element (refer to figs. 2A, 2B and 3), and wherein the deflected cooling air is introduced into the storage volume from above (by means of control unit 54) and propagates in a vertical direction downward through the storage volume (refer to figs. 2A-2B), wherein the system is being provided within a laterally delimited volume (comprised by walls 30, 32), wherein at least one side duct (86, 90, refer to fig. 3) is provided at an inner periphery of said volume, and wherein said at least one side duct is delimited by a wall (30, 32) of the laterally delimited volume and by cover plates (48, 50, fig. 2C). While Leavens discloses wherein a distal fluid control unit (54) is arranged to drive air through the side duct, Leavens fails to explicitly disclose wherein the distal fluid control unit comprises a fan. However, Zhang teaches a blast cell cooling with guided airflow (refer to Fig. 4), comprising a distal fan (130) arranged to circulate air through a bay space (refer to col. 6, lines 44-45), such that the fan (130) can be connected to a fan controller to provide a variable-frequency drive that varies fan speeds as the need for different volumes of air circulation changes (refer to col. 7, lines 45-48). Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Leavens such that the distal fluid control unit comprises a fan in view of the teachings by Zhang, in order to be able to change the volume of air as the need for different volumes of air circulation changes. Allowable Subject Matter Claim 27 is 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. Response to Arguments Applicant's arguments filed on 07/02/2025 have been fully considered but they are not persuasive. Applicant argues in pages 2-3 of the remarks that the office has not articulated an adequate motivation to combine the teachings of Leavens and Zhang regarding the limitation of “wherein a distal fan is arranged to drive air through the side duct”. This argument has been considered but is not persuasive. The examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. In the instant case, Leavens discloses in col. 4, lines 9-19, a fluid control unit 54 that is operably connected to the chamber via ducts 56 to inject air into and withdraw air from the various defined volumes within the chamber serving as a high-pressure plenum and a low-pressure plenum. This action from the fluid control unit 54 will produce a desired flow of air and inlets and outlets of said control unit 54 will produce a desired flow pattern. Although Leavens discloses said control unit injecting and withdrawing air, producing a desired flow of air, Leavens fails to explicitly disclose a fan. Therefore, the examiner introduces the reference of Zhang which also teaches an automated, grid-based storage and retrieval system, wherein a fluid control unit comprises a distal fan (130, fig. 4), in order to create an air flow throughout a bay space (112) and control the volume of said airflow as needed. Accordingly, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify the reference of Leavens by incorporating the distal fan as taught by Zhang, in order to provide to the system, the capability of controlling the volume of said airflow as needed. For at least the reasons disclosed above, claims 1, 5, 8-9, 14, 16-20 and 29 remain rejected. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4. 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, Len Tran can be reached at 571-272-1184. 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. /ANA M VAZQUEZ/Examiner, Art Unit 3763
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Prosecution Timeline

Aug 18, 2023
Application Filed
Mar 28, 2025
Non-Final Rejection — §103
Jul 02, 2025
Response Filed
Aug 04, 2025
Final Rejection — §103
Apr 06, 2026
Response after Non-Final Action

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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
80%
Grant Probability
99%
With Interview (+23.1%)
2y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 857 resolved cases by this examiner. Grant probability derived from career allow rate.

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