DETAILED ACTION
This action is in response to applicant’s amendment received on 07/20/2026. Amended claims 2-3, 5, 7, 9-10, 12-14 and 22 are acknowledged. Claims 1-3, 5, 7, 9-10 and 12-22 are pending. Claims 4, 6, 8 and 11 are cancelled. Claims 15-21 remain withdrawn from consideration pursuant to 37 CFR 1.142(b).
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, page 3) (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 (routing means -of par. 0048- plus connectors 40/17 plus means 44) (see annotated fig. 6a-WHELAN, page 3) for gauging information regarding temperature in the interior of the storage container (10) (“temperature…control functions may be provided…by a local control system in the bin,” par. 0015 and par. 0056; “logging means 44 comprises sensors suitable for monitoring temperature,” par. 0053) (as it applies to the embodiment of figs. 6a-6b, note that routing means may comprises pipes, cables, wires or other routing means capable of carrying power, data or other signals within the container 10, par. 0048-0049), said first part (routing means -of par. 0048- plus connectors 40/17 plus means 44) for placing in the first through-recess (see annotated fig. 6a-WHELAN, page 3, where a section of the first part is placed in the first through-recess) wherein,
when said first part (routing means -of par. 0048- plus connectors 40/17 plus means 44) is placed in the first through-recess and a section of said first part (routing means -of par. 0048- plus connectors 40/17 plus means 44) is in contact with the exterior of the storage container (10), gauged information is readable from the exterior (“remote device”, of par. 0053) of the storage container (10) (see annotated fig. 6a-WHELAN, below),
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 (routing means -of par. 0048- plus connectors 40/17 plus pipe 72) (see annotated fig. 6a-WHELAN, above), wherein at least a portion of the second part (routing means -of par. 0048- plus connectors 40/17 plus pipe 72) is suitable for placing in the second recess such that, when said portion of the second part (routing means -of par. 0048- plus connectors 40/17 plus pipe 72) is placed in the second recess, said second part (routing means -of par. 0048- plus connectors 40/17 plus pipe 72) is in communication with the interior of the storage container (through pipe 72) [par. 0060] (see annotated fig. 6a-WHELAN, above), wherein said second part (routing means -of par. 0048- plus connectors 40/17 plus pipe 72) comprises means (72) (fig. 6a) for transferring energy between the second part (routing means -of par. 0048- plus connectors 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 3).
Regarding claim 5, Whelan discloses:
said first part (routing means -of par. 0048- plus connectors 40/17 plus means 44) being arranged flush with the surface of the side wall facing the exterior of the storage container (10), and said first part (routing means -of par. 0048- plus connectors 40/17 plus means 44) 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 3).
Regarding claim 7, Whelan discloses:
said second part (routing means -of par. 0048- plus connectors 40/17 plus pipe 72) being arranged flush with the surface of the side wall facing the exterior (see annotated fig. 6a-WHELAN, page 3).
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 (routing means -of par. 0048- plus connectors 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 routing means and connectors 40/17) extending in a plane parallel to the side wall of the storage container (10) (see annotated fig. 6a-WHELAN, page 3).
Regarding claim 13, Whelan discloses:
a cross-sectional area of the second section (the section of the routing means and connectors 40/17) of the second part (routing means -of par. 0048- plus connectors 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 (routing means -of par. 0048- plus connectors 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 (routing means -of par. 0048- plus connectors 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.
Response to Arguments
The objections to the claims and the rejection of claims 5 and 13-14 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as set forth in the OA mailed 04/22/2026 are withdrawn in light of the amendments.
Applicant's arguments filed 07/20/2026 with respect to claim 1 have been fully considered but they are not persuasive.
In pages 6-7, Applicant argues that Whelan does not disclose “a first part for gauging information regarding temperature in the interior of the storage container, said first part for placing in the first through-recess 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, gauged information is readable from the exterior of the storage container” since Whelan “merely mentions a temperature monitoring means in paragraph 0056” and since “there is no teaching, suggestion, or disclosure of the arrangement of the temperature monitoring means placed in the bin, let alone in a through-recess of the bin.”
In response, Whelan discloses in par. 0048 that routing means may comprise pipes, cables, wires or other routing means capable of carrying power, data or other signals between the containers 10. The physical connection of the routing means, connectors 40/17, and means 44 is seen in figs. 5a-5b. In other words, the language in claim 1 does not prevent the Examiner from reading the first part claimed as a combination of elements (routing means -of par. 0048- plus connectors 40/17 plus means 44). In this regard, the first part of Whelan, as interpreted by the Examiner, structurally reads on claim 1.
In page 7, Applicant argues that the push fit male connector 40 located at the top edge of the container 10 engages with the female connector 17 at the bottom edge of another container 10 and therefore cannot form a first recess and a second recess as the Office indicates.
In response, the first recess (of a side wall of the storage container, as claimed in claim 1) and the second recess (of said storage container, as claimed in claim 2) are depicted in annotated fig. 6a-WHELAN, page 3. There is nothing in the language of the claim that prevents the Examiner from interpreting the first and second recesses as depicted in the annotated figure of Whelan.
In pages 7-8, Applicant argues that Whelan further “fails to provide a teaching, suggestion, or motivation that the claimed features would provide energy efficiency for the bins by enabling temperature determination of the inside of the bins without opening or removing superpositioned bins.”
In response, although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The Examiner submits that there is no structural difference between the storage container 10 of Whelan and the claimed invention.
The grounds of rejection remain the same; however, for purposes of clarity, a more detailed explanation of the Examiner’s interpretation of the prior art is provided in the rejection above.
To summarize, the overly broad language of claim 1 allows for a broad interpretation of the claim which reference Whelan reads on. Please refer to the rejection above.
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.
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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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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