Prosecution Insights
Last updated: April 19, 2026
Application No. 18/517,777

SYSTEM AND METHOD FOR DISTRIBUTION OF TEMPERATURE-SENSITIVE PRODUCTS

Non-Final OA §102§103
Filed
Nov 22, 2023
Examiner
ROMANO, ASHLEY K
Art Unit
3652
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Hds Mercury Inc.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
86%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
376 granted / 482 resolved
+26.0% vs TC avg
Moderate +8% lift
Without
With
+8.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
27 currently pending
Career history
509
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
42.5%
+2.5% vs TC avg
§102
33.0%
-7.0% vs TC avg
§112
20.2%
-19.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 482 resolved cases

Office Action

§102 §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 . 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. Claims 1-10, 16-19 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Edwards (US 11,361,277). Regarding claim 1, Edwards discloses a system for distribution of temperature-sensitive products, the system comprising: at least one product tray (126) adapted to receive temperature-sensitive products (Col.4, lines 58-61); at least one mobile cabinet (122) comprising a cabinet frame (Fig.6), mobility mechanism (306), and at least one shelf adapted to receive the at least one product tray (Fig.6); a conveyance system (Col.4, lines 38-43) for transporting said at least one mobile cabinet from a distribution center (120) to a point-of-sale location (Col.4, lines 40-43); and wherein said mobility mechanism comprises an autonomous robot (306) for moving the at least one mobile cabinet to the point-of-sale location; wherein said at least one mobile cabinet is filled with product trays at the distribution center (Col.4, lines 51-57). Regarding claim 2, Edwards discloses wherein said temperature-sensitive products comprise frozen foods (Col.12, lines 60-67). Regarding claim 3, Edwards discloses wherein said product trays are adapted for display of the temperature-sensitive products at the point-of-sale location (kiosk, Col.4, lines 40-43). Regarding claim 4, Edwards discloses wherein said distribution center is adapted to fill the product trays using automated means (Col.4, lines 51-57). Regarding claim 5, Edwards does not further specifically disclose wherein said distribution center is adapted to receive incoming products, store them in a temperature-sensitive location, pack and pick the temperature-sensitive products, and load them to the product trays (Col,6, lines 26+; Col.12, lines 6+). Regarding claim 6, Edwards, as modified above, teaches wherein said incoming products comprise a load from a temperature-sensitive truck (Col.15, lines 12+). Regarding claim 7, Edwards discloses wherein said system accepts incoming pallets as input and distributes individual items in product trays as output (Col.4, lines 38-46). Regarding claim 8, Edwards discloses wherein said conveyance system for transporting comprises a temperature-controlled truck containing at least one mobile cabinet (Col.11, lines 7-20). Regarding claim 9, Edwards discloses wherein said point-of-sale location comprises a receiver for the at least one mobile cabinet (Col.4, lines 51-61). Regarding claim 10, Edwards discloses wherein the receiver comprises a freezer and the at least one mobile cabinet is rolled into the freezer (Col.4, line 51 – Col.5, line 5). Regarding claim 16, Edwards discloses wherein said distribution center comprises multiple types of storage (Col.4, lines 51-57). Regarding claim 17, Edwards discloses wherein said distribution center types of storage comprises a reserve storage area, a cabinet storage area, and a tray storage area (Col.4, line 51 – Col.5, line 5). Regarding claim 18, Edwards discloses wherein said distribution center types of storage include different temperatures (Col.4, lines 58-61). Regarding claim 19, Edwards discloses wherein said mobile cabinet further comprises an interface for a robotic mover to autonomously move the mobile cabinet (Fig.6). 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 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. Claims 11-14 rejected under 35 U.S.C. 103 as being unpatentable over Edwards (US 11,361,277) in view of Fosnight et al (US 11,332,311). Regarding claim 11, Edwards does not further specifically disclose discloses wherein said at least one product tray comprises dividers. Fosnight teaches a tote handling for chilled or frozen goods shown having divider 518 to isolate the inlet from the outlet (Fig.10). It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Edwards in view of Fosnight to include dividers in order to isolate the inlet from the outlet. Regarding claim 12, Edwards does not further specifically disclose wherein said at least one product tray comprises a base (Fig.8c). Regarding claim 13, Edwards does not further specifically disclose wherein said at least one product tray base comprises a different material than the product tray (Col.11, lines 26-65). Regarding claim 14, Edwards does not further specifically disclose wherein said at least one product tray comprises air venting features. Fosnight teaches a tote handling for chilled or frozen goods wherein inlet 430 and exhaust 432 perforations in insert liner 414 are provided to allow air to pass from supply duct 426 to exhaust duct 428 through the interior of tote 400 (Fig.8c and Col.10, line 41 – Col.11, line 4). It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Edwards in view of Fosnight to include air venting features in order to allow air to flow in order to prevent condensation. Claims 15 and 20 rejected under 35 U.S.C. 103 as being unpatentable over Edwards (US 11,361,277) in view of Orgeldinger et al (US Pub App 2013/0213855). Regarding claim 15, Edwards does not further specifically disclose wherein said at least one product tray comprises rounded sidewalls. Orgeldinger teaches a transport and presentation box wherein a box comprises rounded sidewalls (Fig.5). It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Edwards in view of Orgeldinger to include rounded sidewalls in order to decrease sharp corners and increase safety of the system. Regarding claim 20, Edwards does not further specifically disclose wherein said mobile cabinet includes interior area visibility enhancing features. Orgeldinger teaches a transport and presentation box wherein a light foil is provided so that by light reflection the object or bottles transported in the box may be optically better visible (Para.22). It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Edwards in view of Orgeldinger to include area visibility enhancing features in order to increase visibility and therefore safety of the system. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Box and Henderson further disclose elements of a system for distribution of temperature-sensitive products. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY K ROMANO whose telephone number is (571)272-9318. The examiner can normally be reached Monday - Friday. 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, 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. /SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652 /ASHLEY K ROMANO/Examiner, Art Unit 3652
Read full office action

Prosecution Timeline

Nov 22, 2023
Application Filed
Jan 08, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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GRAIN BIN MANAGEMENT DURING LOAD-IN
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GRAIN BIN MANAGEMENT DURING GRAIN STORAGE
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2y 5m to grant Granted Feb 17, 2026
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
78%
Grant Probability
86%
With Interview (+8.1%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 482 resolved cases by this examiner. Grant probability derived from career allow rate.

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