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 .
Election/Restrictions
This action is in response to applicant’s amendment received on 02/27/2026. Applicant’s election with traverse of Invention I, Species A, claims 1-3, 5-7, 9-10, 12-14 and 22, is acknowledged. The traversal is on the grounds that inventions I ties the storage container to the automated storage and retrieval system of Invention II, overlapping in scope and directed to the same utility and that, since the number of claims in the application is less than 20, the overall search an examination burden is not unreasonable. Further, Applicant argues that the Mikihiko reference fails to anticipate at least the newly amended limitation of claims 1 and 20 regarding the storage container being configured to engage with a gripping device of a container handling vehicle operating on the automated, grid-based storage and retrieval system. This is not persuasive. First, the Mikihiko reference disclosed all the features claimed in independent claim 1 as filed on 06/01/2022 and therefore established that claims 1 and 20 in their form filed on 06/01/2022 lacked novelty, which supports the restriction presented on 01/22/2026. Second, the Whelan reference (US 2022/0061232), presented below, disclosed all the features claimed in newly amended claim 1 as filed on 02/27/2026. The existence of an anticipatory reference demonstrating that one or more independent claims lack novelty establishes that the inventions do not relate to a single general inventive concept. Third, the Examiner is required to utilize different search queries; and the art applicable to one species will not necessarily be applicable to other species. Therefore, the restriction requirement is deemed proper and therefore is made FINAL. Claims 15-21 are withdrawn from consideration as being drawn to a nonelected invention. Claims 4, 6, 8 and 11 are cancelled.
Claim Objections
Claims 2-3, 5, 7, 9-10, 12-14 and 22 are objected to because of the following informalities:
In line 1 of all claims, “a storage container according to…” should read –the storage container according to…--.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. — The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 13-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 5, the claim recites the limitations “the surface” and “the surface” in lines 2 and 3, respectively. There is insufficient antecedent basis for these limitations in the claim.
For the purpose of this examination, the claim has been interpreted to mean, in lines 2 and 3:
--a surface--, and
--a surface,-- respectively.
Regarding claim 13, the claim recites the limitation “the second section of the first part” in lines 2-3. There is insufficient antecedent basis for these limitations in the claim.
For the purpose of this examination, the claim has been interpreted to mean:
--wherein a cross-sectional area of the second section of the second part is larger than a cross-sectional area of the first section of the second part.--.
Regarding claim 14, the claim is rejected by virtue of its dependency on claim 13.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102:
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5, 7, 9 and 12-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Whelan et al. (US 2022/0061232, herein “Whelan”).
Regarding claim 1, Whelan discloses:
a storage container (10) (figs. 6a-6b) for an automated, grid-based storage and retrieval system (fig. 4) [par. 0012], wherein a side wall of the storage container (10) comprises a first through-recess (see annotated fig. 6a-WHELAN, below) (noted that the recess will necessary be connected to the interior of the container 10 such that pipes, cables, wires running through connectors/routing 40/17 are able to control conditions within the container 10, par. 0015 and 0048), said storage container (10) further comprising:
a first part for gauging information regarding temperature in the interior of the storage container (10) [par. 0015, 0048-0049, 0056, as it applies to the embodiments of figs. 6a-6b. Note that connector/routing means 40/17 may comprises pipes, cables, wires or other routing means to help control temperature, moisture, lighting or other parameters within the container 10], said first part for placing in the first through-recess (since the means contained in 40/17 help controlled conditions inside the container 10, par. 0015, 0048) wherein, when said first part is placed in the first through-recess and a section of said first part is in contact with the exterior of the storage container (10), gauged information is readable from the exterior (remote device) of the storage container (10) [par. 0053].
wherein the storage container (10) is configured to engage with a gripping device of a container handling vehicle (30) operating on the automated, grid-based storage and retrieval system (fig. 4) [par. 0012].
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Regarding claim 2, Whelan discloses:
said storage container (10) further comprising a second recess and a second part (connector/routing means 40/17 plus pipe 72) (see annotated fig. 6a-WHELAN, page 4), wherein at least a portion of the second part (connector/routing means 40/17 plus pipe 72) is suitable for placing in the second recess such that, when said portion of the second part (connector/routing means 40/17 plus pipe 72) is placed in the second recess, said second part (connector/routing means 40/17 plus pipe 72) is in communication with the interior of the storage container (through pipe 72) [par. 0060], wherein said second part (connector/routing means 40/17 plus pipe 72) comprises means (72) (fig. 6a) for transferring energy between the second part (connector/routing means 40/17 plus pipe 72) and the interior of the storage container (10) such that the temperature in the interior of the storage container (10) may be regulated [par. 0015, 0048 and 0060].
Regarding claim 3, Whelan discloses:
the first and the second recesses being provided in the same side wall (see annotated fig. 6a-WHELAN, page 4).
Regarding claim 5, Whelan discloses:
said first part being arranged flush with the surface of the side wall facing the exterior of the storage container (10), and said first part being arranged flush with the surface of the side wall facing the interior of the storage container (10) (seen in annotated fig. 6a-WHELAN, page 4).
Regarding claim 7, Whelan discloses:
said second part (connector/routing means 40/17 plus pipe 72) being arranged flush with the surface of the side wall facing the exterior (see annotated fig. 6a-WHELAN, page 4).
Regarding claim 9, Whelan discloses:
a read of the gauged information regarding temperature in the interior of the storage container (10) being obtained without physical contact with the first part [par. 0053].
Regarding claim 12, Whelan discloses:
the second part (connector/routing means 40/17 plus pipe 72) comprising a first section (the section of pipe 72) extending in a plane (the plane of the “L” shape of pipe 72) parallel to the bottom of the storage container (10) and a second section (the section of the connector/routing means 40/17) extending in a plane parallel to the side wall of the storage container (10) (see annotated fig. 6a-WHELAN, page 4).
Regarding claim 13, Whelan discloses:
a cross-sectional area of the second section (the section of the connector/routing means 40/17) of the second part (connector/routing means 40/17 plus pipe 72) being larger than a cross-sectional area of the first section (the section of pipe 72) of the second part (connector/routing means 40/17 plus pipe 72) (as can be gleaned from fig. 6a).
Regarding claim 14, Whelan discloses:
said first section (pipe 72) of the second part (connector/routing means 40/17 plus pipe 72), said section extending in a plane parallel to the bottom of the storage container (10), comprising tubes (72) for a fluidic refrigerant (water) [par. 0060].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103:
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.
Claims 10 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Whelan.
Regarding claim 10, Whelan does not disclose:
a read of the gauged information regarding temperature in the interior of the storage container (10) being obtained through physical contact with the first part.
However, Whelan alludes to the possibility of achieving control and monitoring of the containers (10) via other means [par. 0015] (as opposed to transmitting data recorder to a remote central location, par. 0053) and Applicant has not disclosed any criticality on obtaining a read of the gauged information through physical contact with the first part or that obtaining a read of the gauged information through physical contact solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well by reading the gauged information regarding temperature in other manners. It would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to obtain a read of the gauged information regarding temperature in the interior of the storage container (10) through physical contact with the first part, as a matter of an obvious design choice according to the user’s needs.
Regarding claim 22, Whelan does not disclose:
an image recording device disposed at the exterior of the storage container (10) being used to read gauged information.
However, as it applies to claim 10, above, Whelan alludes to the possibility of achieving control and monitoring of the containers (10) via other means [par. 0015] (as opposed to transmitting data recorder to a remote central location, par. 0053) and Applicant has not disclosed any criticality on an image recording device disposed at the exterior of the storage container (10) being used to read gauged information solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well by reading the gauged information regarding temperature in other manners. Further, image recording devices used to read gauge temperatures are old and known in the art, and it would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to obtain a read of the gauged information regarding temperature in the interior of the storage container (10) through an image recording device disposed at the exterior of the storage container (10), as a matter of an obvious design choice according to the user’s needs.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUSTAVO A HINCAPIE SERNA whose telephone number is (571)272-6018. The examiner can normally be reached 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763 /LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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