Prosecution Insights
Last updated: August 15, 2026
Application No. 18/556,291

CONTAINER HANDLER AND METHOD FOR HANDLING A STORAGE CONTAINER

Final Rejection §103
Filed
Oct 19, 2023
Priority
Apr 28, 2021 — NO 20210521 +1 more
Examiner
MACKEY, PATRICK HEWEY
Art Unit
3653
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
AutoStore Technology A/S
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
772 granted / 923 resolved
+31.6% vs TC avg
Moderate +13% lift
Without
With
+13.1%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
33 currently pending
Career history
950
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
27.6%
-12.4% vs TC avg
§102
40.4%
+0.4% vs TC avg
§112
25.1%
-14.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 923 resolved cases

Office Action

§103
DETAILED ACTION The Amendment filed 5/19/2026 has been entered. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-3, 5-7, 9, and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newbold et al. (US 2024/0092570) in view of Shi (CN 110606365). Regarding independent claim 1 and dependent claim 5, Newbold discloses a container handler (31) for handling a storage container (9, 50) in a column (see Fig. 3) of a frame structure (1) of an automated storage and retrieval system, wherein the container handler comprises: a lifting frame (101) which is arranged for vertical movement within the column of the frame structure; a first guide pin (140) protruding downwardly from the lifting frame for guiding the lifting frame vertically within the column of the frame structure relative to the storage container (50); a gripper element (150) protruding downwardly from the lifting frame for gripping the storage container; a first sensor (114) for sensing the position of the lifting frame relative to the storage container; wherein the container handler comprises a control system provided in communication with the first sensor (see at least para. 0158); wherein the control system is configured to control the vertical movement of the lifting frame and is configured to control the gripper element based on a signal received from the first sensor (see at least para. 0158); wherein the control system is configured to start the movement of the gripper element while the lifting frame is being lowered towards the storage container and before the lifting frame is in physical contact with the storage container based on the signal received from the first sensor (see at least para. 0158). Newbold discloses all the limitations of claims 1 and 5, but it does not disclose that the first guide pin comprises the first sensor provided at a vertical distance below the lifting frame. Rather, Newbold discloses that the sensor is mounted on the peripheral wall of the lifting frame immediately adjacent to the first guide pin. However, Shi discloses a similar device which includes a lifting frame (11) having first guide pin (51) comprising a first sensor (54) provided at a vertical distance below the lifting frame (see Fig. 7) for the purpose of providing a highly accurate indication of the position of a gripping assembly relative to a container to be lifted. It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the applicant’s invention to modify Newbold by having the first guide pin comprise the first sensor provided at a vertical distance below the lifting frame, as disclosed by Shi, for the purpose of providing a highly accurate indication of the position of a gripping assembly relative to a container to be lifted. Regarding independent claim 15, Newbold discloses a container handling vehicle for handling a storage container in an automated storage and retrieval system, wherein the container handling vehicle comprises: a vehicle body (see Fig. 5); a container handler (31) for handling a storage container (9, 50) in a column (see Fig. 3) of a frame structure (1) of an automated storage and retrieval system, wherein the container handler comprises: a lifting frame (101) which is arranged for vertical movement within the column of the frame structure; a first guide pin (140) protruding downwardly from the lifting frame for guiding the lifting frame vertically within the column of the frame structure relative to the storage container (50); a gripper element (150) protruding downwardly from the lifting frame for gripping the storage container; a first sensor (114) for sensing the position of the lifting frame relative to the storage container; wherein the container handler comprises a control system provided in communication with the first sensor (see at least para. 0158); wherein the control system is configured to control the vertical movement of the lifting frame and is configured to control the gripper element based on a signal received from the first sensor (see at least para. 0158); wherein the control system is configured to start the movement of the gripper element while the lifting frame is being lowered towards the storage container and before the lifting frame is in physical contact with the storage container based on the signal received from the first sensor (see at least para. 0158). Newbold discloses all the limitations of claim, but it does not disclose that the first guide pin comprises the first sensor. Rather, Newbold discloses that the sensor is mounted on the peripheral wall of the lifting frame immediately adjacent to the first guide pin. However, Shi discloses a similar device which includes a lifting frame (11) having first guide pin (51) comprising a first sensor (54) for the purpose of providing a highly accurate indication of the position of a gripping assembly relative to a container to be lifted. It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the applicant’s invention to modify Newbold by having the first guide pin comprise the first sensor, as disclosed by Shi, for the purpose of providing a highly accurate indication of the position of a gripping assembly relative to a container to be lifted. Regarding independent claim 16, Newbold discloses a method for handling a storage container (9, 50) in a column (see Fig. 1) of a frame structure (1) of an automated storage and retrieval system, wherein a container handler (31) is used to perform the method, wherein the container handler comprises a lifting frame (101) which is arranged for vertical movement within the column of the frame structure; a first guide pin (140) protruding downwardly from the lifting frame for guiding the lifting frame vertically within the column of the frame structure relative to the storage container (50); a gripper element (150) protruding downwardly from the lifting frame for gripping the storage container; a first sensor (114) for sensing the position of the lifting frame relative to the storage container; the container handler comprises a control system provided in communication with the first sensor (see at least para. 0158); the method comprising: controlling the vertical movement of the lifting frame and controlling the gripper element based on a signal received from the first sensor (see at least paras. 0158-0159); starting the movement of the gripper element while the lifting frame is being lowered towards the storage container and before the lifting frame is in physical contact with the storage container based on the signal received from the first sensor (see at least para. 0158-0159). Newbold discloses all the limitations of claim 16, but it does not disclose that the first guide pin comprises the first sensor provided at a vertical distance below the lifting frame. Rather, Newbold discloses that the sensor is mounted on the peripheral wall of the lifting frame immediately adjacent to the first guide pin. However, Shi discloses a similar device which includes a lifting frame (11) having first guide pin (51) comprising a first sensor (54) provided at a vertical distance below the lifting frame (see Fig. 7) for the purpose of providing a highly accurate indication of the position of a gripping assembly relative to a container to be lifted. It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the applicant’s invention to modify Newbold by having the first guide pin comprise the first sensor provided at a vertical distance below the lifting frame, as disclosed by Shi, for the purpose of providing a highly accurate indication of the position of a gripping assembly relative to a container to be lifted. Regarding dependent claims 2, 3, 7, 9, 13, and 14, Newbold discloses that the first sensor is a non-contact sensor (see para. 0158). The first sensor is a capacitive sensor, an ultra-sonic sensor or an optical sensor (see para. 0158). The control system is configured to decelerate the lowering of the lifting frame down towards the storage container based on the signal received from the first sensor (see at least paras. 0158-0159). The container handler comprises a top structure (see Figs. 5 and 8) and an electric motor (see at least para. 0103) for moving the lifting frame vertically relative to the top structure. The first sensor is directed towards a central axis of the lifting frame (see at least Fig. 7). The lifting frame is adapted to be received at least partially within the top structure, wherein a second sensor (see at least para. 0118) is directed away from a central axis of the lifting frame. Regarding claim 6, Newbold discloses that the container handler comprises four first guide pins (140) protruding downwardly from the lifting frame for guiding the lifting frame vertically within the column of the frame structure relative to the storage container; where the frame comprises two first sensors (114, see Fig. 7) for sensing the position of the lifting frame relative to the storage container. As noted above, Newbold discloses all the limitations of the claims, but it does not disclose that at least two of the first guide pin comprise first sensors. Rather, Newbold discloses that the first sensors are mounted on the peripheral wall of the lifting frame immediately adjacent to the first guide pins. However, Shi discloses a similar device which includes a lifting frame (11) having four first guide pins (51) at least two of the first guide pins comprising first sensors (54) for the purpose of providing a highly accurate indication of the position of a gripping assembly relative to a container to be lifted. It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the applicant’s invention to modify Newbold by having at least two of the first guide pins comprise first sensors, as disclosed by Shi, for the purpose of providing a highly accurate indication of the position of a gripping assembly relative to a container to be lifted. Allowable Subject Matter Claims 10-12 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. Response to Arguments Applicant's arguments filed 5/19/2026 have been fully considered but they are not persuasive. The applicant states the Newbold does not disclose starting movement of the gripper element “while the lifting frame is being lowered towards the storage container and before the lifting frame is in physical contact with the storage container based on the signal received from the first sensor” as recited in the independent claims. The examiner disagrees with the applicant. In paragraph 0158, Newbold discloses that once a sensor determines that the frame has reached a predetermined height above the container as the lifting frame is being lowered, the grippers are driven to the open configuration. Therefore, Newbold discloses starting movement of the gripper element “while the lifting frame is being lowered towards the storage container and before the lifting frame is in physical contact with the storage container based on the signal received from the first sensor” as recited in the independent claims. 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 PATRICK HEWEY MACKEY whose telephone number is (571)272-6916. The examiner can normally be reached M - F 9-5. 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, Michael McCullough can be reached at 571-272-7805. 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. /PATRICK H MACKEY/ Primary Examiner, Art Unit 3653
Read full office action

Prosecution Timeline

Oct 19, 2023
Application Filed
Feb 09, 2026
Non-Final Rejection mailed — §103
May 19, 2026
Response Filed
Jun 03, 2026
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

3-4
Expected OA Rounds
84%
Grant Probability
97%
With Interview (+13.1%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 923 resolved cases by this examiner. Grant probability derived from career allowance rate.

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