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 § 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) 1-12 Wu et al. is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al. (US 2021/0016967).
Regarding claim 1, Wu et al. teaches a material handling system, comprising:
a plurality of storage locations, Fig. 1 and 2, vertically spaced apart from one another, paragraph 0037-0038;
a track, Fig. 1, positioned adjacent the storage locations, paragraph 0037;
a plurality of containers, 204, positioned in the storage locations, paragraph 0037;
a plurality of vehicles, 103, configured to convey the containers, wherein each vehicle is operable to retrieve one of the plurality of containers from one of the storage locations or to store one of the plurality of container into one of the storage locations, paragraph 0040, wherein each vehicle comprises:
a drive system configured to drive the vehicle along the track to a first of the storage locations to position the vehicle to retrieve a first of the containers from the first storage location, paragraphs 0038 and 0040; and
a power source for providing power to the drive system, paragraph 0038, the power source is not named but is inherent in the vehicle as it is configured to travel along the rail;
a first horizontal conveyor, conveyor at top of Fig. 1, configured to receive the containers and convey the containers along a first horizontal path to a workstation, not shown, where an operator can retrieve one or more items from the containers wherein the first horizontal path is in a first direction, see paragraph 0036;
a transfer station, 104, configured to receive containers from the vehicles and convey the containers toward the first horizontal conveyor wherein the transfer station comprises:
a second horizontal conveyor, 105, configured to displace the containers along a second horizontal path toward the first horizontal conveyor, wherein the second horizontal path is transverse the first horizontal path; and
a guide configured to guide the vehicles from the horizontal surface to a first transfer location positioned along the second horizontal conveyor and/or to a second transfer location vertically spaced from the fist transfer location, wherein the system is operable to transfer the first container from the first vehicle onto the second horizontal conveyor at the transfer location, paragraphs 0036, 0042, 0047.
Regarding claim 2, Wu et al. teaches the storage locations are arranged in a series of columns or vertically spaced apart rows, see paragraphs 0037 and 0038, which describes a multi-layer shelf system, and each shelf layer has a plurality of goods locations.
Regarding claim 3, Wu et al. teaches additional transfer locations vertically spaced apart from one another and from the first transfer location, see paragraphs 0037 and 0038, which describes a multi-layer shelf system, where the figures show only one layer of the multi-layer shelf system.
Regarding claim 4, Wu et al. teaches the guide comprises a first track, 202, for guiding the vehicles from the horizontal surface to one of the transfer locations, see paragraph 0037 and 0038.
Regarding claim 5, Wu et al. teaches the first track of the guide comprises a first vertical track configured to cooperated with the drive system to drive the vehicle upwardly to one of the transfer locations, see paragraph 0047.
Regarding 6, Wu et al. teaches the transfer station comprises a third horizontal conveyor spaced apart from the second horizontal conveyor forming an aisle between the second and third horizontal conveyors, wherein the third horizontal conveyor is configured to displace containers along a third horizontal path toward the first horizontal conveyor, Fig. 1.
Regarding claim 7, Wu et al. teaches the transfer station comprises a second vertical track adjacent the third horizontal conveyor wherein the second vertical track is cooperable with the drive system to dive the vehicle upwardly within the aisle between the second horizontal conveyor and the third horizontal conveyor, see paragraph 0047.
Regarding claim 8, Wu et al. teaches vehicle comprises a transfer mechanism, fork as described in paragraph 0040, configured to engage the containers, wherein the transfer mechanism is configured to transfer the containers between the vehicle and the storage locations, see paragraph 0040.
Regarding claim 9, Wu et al. teaches the transfer mechanism is configured to transfer the first container from the first vehicle toward the second horizontal conveyor, paragraph 0045.
Regarding claim 10, Wu et al. teaches the transfer mechanism is configured to displace the first container in a direction that is transverse the second horizontal path as the first vehicle displaces the container toward the second horizontal conveyor, see figure 4 and paragraph 0045.
Regarding claim 11, Wu et al. teaches the first horizontal conveyor comprises a plurality of vertically spaced apart overlapping conveyors forming multiple conveyor levels and the second horizontal conveyor comprises a plurality of vertically spaced apart overlapping conveyors each of which intersects one of the conveyor levels of the first horizontal conveyor, see paragraphs 0037 and 0038, which describes a multi-layer shelf system, where the figures show only one layer of the multi-layer shelf system
Regarding claim 12, Wu et al. teaches the drive system comprises one or more rotatable wheel or roller, see paragraph 0037.
Allowable Subject Matter
Claims 13 and 14 are 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.
Claim 15-26 are allowed.
The method steps as claimed in claims 15-26 was not found to be taught by the prior art.
Response to Arguments
Applicant’s arguments, see page 1, filed 2 March 2026, with respect to the rejection of 102(a)(12) with respect to US 20222/0324648 have been fully considered and are persuasive. The rejection of claims 1-5 and 8-21 has been withdrawn.
Applicant's arguments filed 3 March 2026 have been fully considered but they are not persuasive. Applicant argues that the Wu et al. reference does not teach the added limitation of a second transfer location vertically spaced from the first transfer location.
First of all, claim 1 was amended with the added limitation “and/or”, claiming the feature in the alternative. Therefore, the Wu et al. reference is not required to both a first and transfer location and a second transfer location, as the second transfer location was written in the alternative language. However, as outlined in the rejection above, the Wu et al. reference does teach this, as it teaches a multi-layer system that has multiple layers of the same configuration, and therefore multiple transfer location on different layers.
Therefore claims 1-12 remain rejected.
Conclusion
THIS ACTION IS MADE FINAL. 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art cited on the PTO-892 and not relied upon are included to show additional examples of material handling systems similar to the claimed invention and the general state of the prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAITLIN S JOERGER whose telephone number is (571)272-6938. The examiner can normally be reached M-F 7:30-5 (CST).
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.
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/KAITLIN S JOERGER/Primary Examiner, Art Unit 3655
8 April 2026