Prosecution Insights
Last updated: April 19, 2026
Application No. 18/280,592

AN AUTOMATED STORAGE SYSTEM

Non-Final OA §103
Filed
Sep 06, 2023
Examiner
TIGHE, BRENDAN P
Art Unit
3652
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
AutoStore Technology AS
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
95%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
435 granted / 576 resolved
+23.5% vs TC avg
Strong +20% interview lift
Without
With
+19.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
41 currently pending
Career history
617
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
51.7%
+11.7% vs TC avg
§102
34.2%
-5.8% vs TC avg
§112
11.4%
-28.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 576 resolved cases

Office Action

§103
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 . DETAILED ACTION 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 of this title, 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) 13 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Austrheim (WO 2019081092 A1) [See Austrheim (US 20200290803 A1) for Paragraph and Figure references]. PNG media_image1.png 165 476 media_image1.png Greyscale Regarding Claim 13, Austrheim teaches: A cover for a storage system comprising a framework structure (Fig. 1 & Fig. 9) featuring multiple storage columns (5) for storing storage containers (6) stacked on top of one another in vertical stacks (7) (Fig. 1 & Fig. 9), wherein the cover comprises: a cover plate (21); and a cover holding assembly (24) arranged at each of two opposite sides of the cover plate, wherein each of the cover holding assemblies comprises a stop (1000) and an actuable portion (1001) [0029 & 0030 & 0035 & 0070 & 0072], and connected relative to cover plate such that the stop is moved beyond a periphery of the cover plate when the actuable portion is deflected inwardly towards a side of the cover plate being opposite the side at which the actuable portion is arranged (Fig. 2B). Austrheim does not teach: an actuator portion. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an actuator portion for effecting movement of the actuable portion in order to facilitate attachment and detachment of the stop in order to engage and disengage the cover plate without deformation of the stop or cover plate to reduce wear in the system since the Examiner takes OFFICIAL NOTICE that actuators for actuating gripping were well known in the art before the effective filing date of the claimed invention. Regarding Claim 18, Austrheim teaches: A cover for a storage system comprising a framework structure (Fig. 1 & Fig. 9) featuring multiple storage columns (5) for storing storage containers (6) stacked on top of one another in vertical stacks (7) (Fig. 1 & Fig. 9), wherein the cover comprises: Allowable Subject Matter Claims 1-12, 14-17, and 19-24 are allowed. The following is an examiner’s statement of reasons for allowance: The art of record fails to render obvious the claimed combination of: “A storage system comprising a framework structure featuring multiple storage columns for storing storage containers stacked on top of one another in vertical stacks, and at least one of the storage columns comprises: a cover and a pair of cover interaction elements, wherein the cover interaction elements are arranged each at opposite sides of an inner periphery of the storage column, and wherein the cover comprises :a horizontal cover plate, having a periphery that can be accommodated within the inner periphery of the storage column; and at least two cover holding assemblies arranged at opposite sides of the cover plate, wherein each of the cover holding assemblies comprises a stop and an actuator portion, and is connected relative to the cover plate such that the stop is moved in a direction outwardly beyond the inner periphery of the storage column, from a first position to a second position, during lowering of the cover relative to the storage column, and wherein the stop is arranged to hold the cover at a predetermined level by interaction with a ledge at the inner periphery of the storage column when in the second position.”, as recited in Claim 1 specifically: the structural and operative relationship between the framework structure, storage columns, storage containers, cover, cover interaction elements, horizontal cover plate, cover holding assemblies, stop, actuator portion, and ledge. Especially as it relates to the relationship between the framework structure, storage columns, storage containers, cover, cover interaction elements, horizontal cover plate, cover holding assemblies, stop, actuator portion, and ledge. The art of record fails to render obvious the claimed combination of: “A method of locating a cover within a storage column of a storage system comprising a framework structure featuring multiple storage columns for storing storage containers stacked on top of one another in vertical stacks, and at least one of the storage columns comprises a cover and a pair of cover interaction elements, wherein the cover interaction elements are arranged each at opposite sides of the inner periphery of the storage column, wherein the cover comprises: a horizontal cover plate, having a periphery that can be accommodated within an inner periphery of the storage column; and at least two cover holding assemblies arranged at opposite sides of the cover plate wherein each of the cover holding assemblies comprises a stop and an actuator portion, and is pivotably connected relative to the cover plate such that the stop is moved in a horizontal direction outwardly beyond the inner periphery of the storage column, from a first position to a second position, during lowering of the cover relative to the storage column, wherein the stop is arranged to hold the cover at a predetermined level by interaction with a ledge at the inner periphery of the storage column when in the second position, the method comprising: lowering the cover into the storage column; moving the stop into the second position by interaction of the actuator portion with the corresponding cover interaction element; and holding the cover at a predetermined level relative to the storage column by interaction of the stop with a ledge at the inner periphery of the storage column.”, as recited in Claim 14 specifically: the structural and operative relationship between the cover, storage column, storage system, framework structure, storage containers, stacks, cover, cover interaction elements, horizontal cover plate, cover holding assemblies, stop, actuator portion, and ledge. Especially as it relates to the relationship between the cover, storage column, storage system, framework structure, storage containers, stacks, cover, cover interaction elements, horizontal cover plate, cover holding assemblies, stop, actuator portion, and ledge. The art of record fails to render obvious the claimed combination of: “A method of locating a cover inside a column, the column comprising; a pair of cover interaction elements arranged each on opposed sides of the column, the two cover interaction elements are arranged at opposite sides of the inner periphery of the column; and the cover, wherein the cover comprises: a horizontal cover plate having a periphery that can be accommodated within an inner periphery of the column; and at least two cover holding assemblies arranged at opposite sides of the cover plate, wherein each of the cover holding assemblies comprises a stop and an actuator portion, and is connected relative to the cover plater wherein the method comprises: lowering the cover into the column; deflecting the actuator portion inwardly of the inner periphery of the storage column by interaction with a corresponding cover interaction element, thereby moving the stop in a horizontal direction outwardly beyond the inner periphery of the storage column; and interacting the stop with a ledge positioned at the inner periphery of the column to hold the cover at a desired level within the column.”, as recited in Claim 15 specifically: the structural and operative relationship between the cover, column, cover interaction elements, horizontal cover plate, cover holding assemblies, cover holding assemblies, stop, actuator portion, cover interaction element, and ledge. Especially as it relates to the relationship between the cover, storage column, storage system, framework structure, storage containers, stacks, cover, cover interaction elements, horizontal cover plate, cover holding assemblies, stop, actuator portion, and ledge. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Patent publications US 4088232 A, US 10196209 B2, US 11299344 B2, US 12012281 B2, US 12084278 B2, US 11299345 B2, US 11713189 B2, and US 12145799 B2 have been cited by the examiner as pertinent to the applicant’s disclosure because they teach: storage facilities for storing stacked totes with lids covering the top of at least one tote per stack and an automated retrieval system. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDAN P TIGHE whose telephone number is 571-272-4872. The Examiner can normally be reached on Monday-Thursday, 7:00-5:30 EST If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SAUL RODRIGUEZ can be reached on 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRENDAN P TIGHE/Examiner, Art Unit 3652 /SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
Read full office action

Prosecution Timeline

Sep 06, 2023
Application Filed
Feb 17, 2026
Non-Final Rejection — §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

1-2
Expected OA Rounds
76%
Grant Probability
95%
With Interview (+19.7%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 576 resolved cases by this examiner. Grant probability derived from career allow rate.

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