Prosecution Insights
Last updated: July 17, 2026
Application No. 18/517,313

Modular Warehouse Installation Device

Non-Final OA §103
Filed
Nov 22, 2023
Examiner
CUMBESS, YOLANDA RENEE
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Kardex Solutions LLC
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
977 granted / 1122 resolved
+35.1% vs TC avg
Moderate +9% lift
Without
With
+8.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
34 currently pending
Career history
1148
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
66.3%
+26.3% vs TC avg
§102
7.7%
-32.3% vs TC avg
§112
23.5%
-16.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1122 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 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) 1-8, and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jones et al (US PG. Pub. 2018/0130015) in view of Violle (US PG. Pub. 2009/0277753). Relative to claims 1-8, and 10-12, Jones discloses: claim 1) a modular warehouse installation device (Fig. 1) for initial filling of an automated warehouse (retail facility/order fulfillment facility: Para. 0016) with a plurality of storage bins (containers, such as bins; Para. 0028), the modular warehouse installation device comprises a plurality of modules (various sections of conveyor system 150 may be considered modules, the sections may include areas for sensing, sorting, labelling, and routing to various destinations; Para. 0022; 0026)(Fig. 1) comprising; a testing gauge module (130)(Para. 0035) comprising a testing assembly that is configured to: determine a deviation of a shape of any storage bin of the plurality of storage bins from a predetermined standard shape (sensing system measures dimensions, shape of containers, Para. 0030, determines if container is dented or damaged based on sensed dimensions and stored information, there is a deviation from shape of container/bin if the container is dented Para. 0031); and generate a gauge signal dependent on the determined deviation (Para. 0031); and a scanning module comprising a label scanner (included with sensing system 130), the label scanner having a field of view and being configured to output an identification signal dependent on a label in the field of view and located on any storage bin of the plurality of storage bins (Para. 0032, the field of view of the label scanner configured to output the identification signal is inherent); claim 2) at least one conveyor module comprising a transportation line (the various sections for sensing, scanning, sorting, etc., are located along the conveyor system 150; Para. 0021-0022; 0035), the transportation line having a distal end and a proximal end and being configured to movably support at least one storage bin (container) of the plurality of storage bins, the at least one conveyor module is configured to guide the at least one storage bin from the proximal end to the distal end (conveyor system 150 may include conveyor belts, Para. 0023; for one module including the receptacle 140, the proximal end may be portion of a conveyor belt near receptacle 140 where containers are deposited, the containers or bins move along that conveyor segment to a distal end to enter the retail or fulfillment facility, or move further downstream inside the facility for further processing (Para. 0021). claim 5) the at least one conveyor module comprises a drive assembly configured to move at least one of the plurality of storage bins from the proximal end to the distal end (drive assembly is inherently included in the conveyor system 150 to move containers in an automated fashion, such as with the automated conveyor system, unmanned motorized units, etc., (Para. 0023); claim 6) the at least one conveyor module comprises a control unit, the control unit comprising a data interface that is adapted to be connected to a matching data interface of the automated warehouse (retail or order fulfillment facility) and to control the drive assembly dependent on data received from the automated warehouse via the data interface (see control circuit 112, that interfaces with sensors and database to control the system to perform the various functions; Para. 0018); claim 7) the distal end is configured as a mechanical interface that connects to a storage bin feeding port of the automated warehouse for passing a storage bin from the transportation line to an internal conveying system of the automated warehouse (the mechanical interface may include section of conveyor 150 having the receptacle 140 that interfaces with the facility, for instance, the receptacle 140 may include a portion of the conveyor 150 that includes an outside window, i.e, a storage bin feeding port, where containers are dropped off, the containers continue to move from the outside of the facility at the window into the inner portion of the facility along the conveyor system 150 for processing; Para. 0021); claim 8) the testing gauge module comprises a transportation line being configured to movably support at least one storage bin (containers) of the plurality of storage bins (sensing portion 130 is positioned along the conveyor system, 150, Para. 0022); claim 10) the testing gauge module (included with Ref. 130) is configured to determine a height of a storage bin (Para. 0030); claim 11) the scanning module (included with sensing system 130) comprises a data interface that is adapted to be connected to a matching data interface of the automated warehouse and to transmit data representative of a scanned label via the matching data interface to the automated warehouse (Para. 0018; 0032, sensor system 130 interfaces with control circuit 112 that interfaces with database 120); claim 12) the scanning module (included with Ref. 130) comprises a transportation line being configured to movably support at least one storage bin of the plurality of storage bins (sensing systems 130 are positioned along the conveyor system, Para. 0022); claim 14) the plurality of transportable modules further comprise: a labelling module which comprises a labelling assembly configured to label a storage bin (Para. 0032); and claim 15) the plurality of modules are configured as carts (Para. 0023). Jones does not expressly disclose: the modules, including the testing, scanning modules, and labeling modules are transportable and are configured to be assembled in any order; claim 3) the at least one transportable conveyor module comprises a height adjustment assembly configured to adjust a height of the transportation line; claim 4) the at least one transportable conveyor module comprises an inclination adjustment device configured to adjust a height difference between the proximal end and the distal end of the transportation; claim 13) the plurality of modules comprises at least two transportable conveyor modules, and a first distance between a distal end and a proximal end of a first module of the at least two transportable conveyor modules is different from a second distance between a distal end and a proximal end of a second module of the at least two transportable conveyor modules in each of the at least two different conveyor modules; Violle teaches: the modules (3) are transportable and are configured to be assembled in any order (Para. 0001; 0066, modules 3 are transportable and the modules can be connected to each other, in a reconfigurable manner so that they can be assembled together in flexible configurations)(Fig. 1); claim 3) the at least one transportable conveyor module (3) comprises a height adjustment assembly configured to adjust a height of the transportation line (Para. 0066); claim 4) the at least one transportable conveyor module (3) comprises an inclination adjustment device configured to adjust a height difference between the proximal end and the distal end of the transportation (Para. 0066, one end of the module 3 may be lifted higher than the other end); claim 13) the plurality of modules (3) comprises at least two transportable conveyor modules (see Fig. 1). Violle teaches: the modules are transportable and are configured to be assembled in any order, height adjustment assembly, and inclination adjustment device described above, for the purpose of providing a device comprising an assembly of conveying modules for transporting loads that can be universally and flexibly applied in a way that lowers costs, minimizes delays, reduces manual labor, and improves overall efficiency (Para. 0001-0013). 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 Jones, to comprise a plurality of transportable, reconfigurable modules as taught in Voille, for the purpose of providing a device comprising an assembly of conveying modules to transport loads that can be universally and flexibly applied in a way that lowers costs, minimizes delays, reduces manual labor, and improves overall efficiency. Relative to claim 13, the device of Jones in view of Violle does not expressly disclose: a first distance between a distal end and a proximal end of a first module of the at least two transportable conveyor modules is different from a second distance between a distal end and a proximal end of a second module of the at least two transportable conveyor modules in each of the at least two different conveyor modules. Jones in view of Violle can be modified so that a length of a first transportable module (such as module 3 in Jones) and a length of a second transportable module are different as an obvious matter of design choice, in order to accommodate different transportation paths, system layout requirements within a facility, and other needs of the system. See MPEP §2144.04 (IV). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Jones in view of Violle so that the conveyor modules have different lengths as a matter of design choice, to accommodate different transportation paths, system layout requirements and other needs of the system. Allowable Subject Matter Claim 9 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. The following is a statement of reasons for the indication of allowable subject matter: Relative to claim(s) 9, the closest available prior art does not disclose: the installation device comprises: a lifting assembly; a frame; and a gauge mounted to the frame, the lifting assembly being configured to lower the frame onto a storage bin on the transportation line of the transportable testing gauge module; and the gauge signal depending being dependent on a lowered position of the frame. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ruckman (US 2024/0140717), comprises a plurality of reconfigurable conveyor modules that can be adjusted in height (Fig. 1A). 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 10-6. 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, Gene Crawford can be reached at 571-272-6911. 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 3651
Read full office action

Prosecution Timeline

Nov 22, 2023
Application Filed
May 12, 2026
Non-Final Rejection mailed — §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 (+8.9%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1122 resolved cases by this examiner. Grant probability derived from career allowance rate.

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