Prosecution Insights
Last updated: April 19, 2026
Application No. 18/565,401

PRODUCT HANDLING SYSTEM

Final Rejection §103§112§DP
Filed
Nov 29, 2023
Examiner
MCCLAIN, GERALD
Art Unit
3652
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
AutoStore Technology AS
OA Round
2 (Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
89%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
575 granted / 773 resolved
+22.4% vs TC avg
Moderate +15% lift
Without
With
+14.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
42 currently pending
Career history
815
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
36.9%
-3.1% vs TC avg
§102
34.7%
-5.3% vs TC avg
§112
22.8%
-17.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 773 resolved cases

Office Action

§103 §112 §DP
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 . The amendment filed 8 December 2025 has been entered. Claim Interpretation The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: actuator system (Claims 1, 5-17), displacement system (Claim 2), rotary element (Claim 4), resilient mechanism (Claim 9), storage and retrieval system (Claims 10-12, 14-18), robotic picking device (Claims 1-18), and access and distribution station (Claims 10-11, 13-18). Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim 18 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The phrase, “non-transitory computer-readable medium” is new matter. The original specification discloses, “In a fourth aspect, the invention concerns a computer-readable medium having stored thereon a computer program comprising instructions to execute the method steps as described above.” It cannot be assumed that the “computer-readable medium” of the original specification is a “non-transitory computer-readable medium” therefrom. Claim Rejections - 35 USC § 103 Claim(s) 1-4, 7, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 106272497 A) in view of Shi (CN 110606365 A). Zhang discloses: Claim 1: a coupler frame (1) comprising a lower coupler frame face and an upper coupler frame face, a handle (figure 5) protruding from the upper coupler frame face for releasable connection to an operative end of a robotic picking device, a first container gripper paddle (23) and a second container gripper paddle (24), wherein the first and second container gripper paddles are connected to the coupler frame for releasable connection to a container and arranged at opposite sides a centre plane oriented perpendicular to the lower coupler frame face (figure 1, 4), wherein each of the container gripper paddles comprises a gripper protrusion (27) located below the lower coupler frame face for insertion into a corresponding recess or aperture accessible within an inner volume of the container, and an actuator system (3) for displacing the first and second container gripper paddles in opposite directions from the centre plane until the gripper protrusions have been removably inserted into the corresponding recesses or apertures; Claim 2: wherein the actuator system comprises: a motor, a control system, and a displacement mechanism interconnecting the motor and the container gripper paddles (figure 2); Claim 3: wherein the displacement mechanism comprises; a first link connected at one end to the motor and the other end to one of the first and second container gripper paddles, and a second link connected at one end to the motor and the other end to the other of the first and second container gripper paddles, wherein the motor is configured to displace the first and second links (figure 2); Claim 4: wherein the displacement actuator further comprises: a rotary element connecting the first and second links to a rotary shaft of the motor, wherein the motor, the rotary element and the first and second links are configured such that the opposite directed displacements are achieved by rotating the rotary element clockwise or counterclockwise between 0 degrees and 180 degrees (figure 2); Claim 7: wherein the lower coupler frame face is rectangular with a width and a length, and wherein the gripper protrusions are aligned on a centre axis parallel to the lower coupler frame face and centered along the face's width or length (figure 2); Claim 9: wherein the handle comprises a resilient mechanism allowing damping motion between the operative end of the robotic picking device and the coupler after connection (all the structures in figure 2 have a modulus of elasticity; therefore, each structure therein is construed to be part of a resilient mechanism). Zhang does not directly show: Claim 1: a container abutment face for abutting an upper edge of the container; wherein the actuator system is arranged above the container abutment face. Shi shows a similar device having: Claim 1: a container abutment face for abutting an upper edge of the container (figures 1/3, where 21/etc. abuts on 9; para. [0040]-[0076]); wherein the actuator system is arranged above the container abutment face (32/etc. is above the container abutment face in figures 1/3); with a reasonable expectation of success for the purpose of improving reliability by preventing the actuator system from loosening from the container (English translation, “The driving motor 32 with a brake can prevent the clamping jaw 21 from loosening when grasping the turnover box 9, keep the clamping jaw 21 in a state of clamping the turnover box 9, and improve reliability.”). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang as taught by Shi and include Shi’s similar device having: Claim 1: a container abutment face for abutting an upper edge of the container; wherein the actuator system is arranged above the container abutment face; with a reasonable expectation of success for the purpose of improving reliability by preventing the actuator system from loosening from the container. Claim(s) 5-6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Shi and Graefenstein (DE 3814914 A1). Zhang discloses all the limitations of the claims as discussed above. Zhang does not directly show: Claim 5: wherein the coupler further comprises a container abutment face for abutting an upper edge of the container, and wherein the actuator system is arranged above the container abutment face; Claim 6: wherein each of the container gripper paddles comprises; an upper end pivotably connected to the coupler frame; Claim 8: wherein the coupler further comprises; a container sensor configured to sense when the lower coupler frame face is in contact with, and/or in proximity to, an opening frame of the container. Graefenstein shows a similar device having: Claim 5: wherein the coupler further comprises a container abutment face for abutting an upper edge of the container, and wherein the actuator system is arranged above the container abutment face (figures 3-4, 7-9, and 12; 12/etc.); Claim 6: wherein each of the container gripper paddles comprises; an upper end pivotably connected to the coupler frame (figures 3-4, 7-9, and 12; 12/etc.); Claim 8: wherein the coupler further comprises; a container sensor configured to sense when the lower coupler frame face is in contact with, and/or in proximity to, an opening frame of the container (figures 3-4, 7-9, and 12; 62/63/etc.); with a reasonable expectation of success for the purpose of safely handling the container in order to reduce the possibility of dropping and/or damaging the container and/or damaging contents therein (para. [0005]-[0008]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang and Shi as taught by Graefenstein and include Graefenstein’s similar device having: Claim 5: wherein the coupler further comprises a container abutment face for abutting an upper edge of the container, and wherein the actuator system is arranged above the container abutment face; Claim 6: wherein each of the container gripper paddles comprises; an upper end pivotably connected to the coupler frame; Claim 8: wherein the coupler further comprises; a container sensor configured to sense when the lower coupler frame face is in contact with, and/or in proximity to, an opening frame of the container; with a reasonable expectation of success for the purpose of safely handling the container in order to reduce the possibility of dropping and/or damaging the container and/or damaging contents therein. Claim(s) 10 and 12-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Shi and Lindbo et al. (US 2020/0223629) (“Lindbo”). Zhang discloses: Claim 10: a coupler frame (1) comprising a lower coupler frame face and an upper coupler frame face, a handle (figure 5) protruding from the upper coupler frame face for releasable connection to an operative end of a robotic picking device, a first container gripper paddle (23) and a second container gripper paddle (24), wherein the first and second container gripper paddles are connected to the coupler frame for releasable connection to a container and arranged at opposite sides a centre plane oriented perpendicular to the lower coupler frame face (figure 1, 4), wherein each of the container gripper paddles comprises a gripper protrusion (27) located below the lower coupler frame face for insertion into a corresponding recess or aperture accessible within an inner volume of the container, and an actuator system (3) for displacing the first and second container gripper paddles in opposite directions from the centre plane until the gripper protrusions have been removably inserted into the corresponding recesses or apertures; Claim 18: the coupler being in accordance with any one of the preceding claims (1/23/24/etc.). Zhang does not directly show: Claim 10: a storage and retrieval system for storing storage containers, a control system, a robotic picking device in signal communication with the control system, the robotic picking device comprising: a robotic base, a first robotic segment connected to the robotic base, and an operative end, an access and distribution station configured to deliver a storage container from within the storage and retrieval system, wherein the robotic base is arranged at a distance to allow the operative end to be moved to a position at least within reach of the storage container is to be delivered to the access and distribution station; a container abutment face for abutting an upper edge of the container; wherein the actuator system is arranged above the container abutment face; Claim 12: wherein the access and distribution station comprises: a storage system access opening through which a storage container may be transported between a storage location within the storage and retrieval system and an external area of the storage and retrieval system, and a conveyor having one end arranged adjacent to the storage system access opening, and wherein the robotic picking device is configured such that the operational end may be positioned at a location and an orientation allowing the coupler to retrieve a delivery container from within the storage container from the storage system access opening and that the retrieved delivery container may be placed onto the conveyor; Claim 13: wherein the storage and retrieval system comprises; a framework structure comprising a plurality of vertical upright members defining a plurality of storage columns for storing stacks of storage containers and at least one port column for transporting a storage container to the access and distribution station, a rail system arranged on the framework structure, the rail system comprising perpendicular tracks, the intersections of which form a grid having grid cells defining grid openings into the plurality of storage columns, and a remotely operated vehicle comprising drive means configured to travel along the rail system and a storage container lifting device for storing and retrieving storage containers through the grid openings; Claim 14: wherein the method comprises; A. moving the operative end of the robot picking device with the coupler to a position in which the coupler may connect to the delivery container, B. connecting the coupler to the delivery container and C. raising the coupler with the delivery container connected thereto; Claim 15: wherein the delivery container to be connected is stored within a storage container and wherein the method further comprises: transporting, prior to step A, the storage container with the delivery container stored therein from the storage and retrieval system to an external area through a storage system access opening, and raising, during step C, the operative end such that a lowermost part of the delivery container is higher than the uppermost part of the storage container; Claim 16: wherein the method further comprises; placing, after step C, the delivery container onto a conveyor having one end arranged adjacent to the storage system access opening, and transporting the delivery container by use of the conveyor away from the storage system access opening; Claim 17: wherein the method further comprises; transporting an incoming delivery container to the storage system access opening, moving the operative end of the robotic picking device with the coupler to a position in which the coupler may connect to the incoming delivery container, connecting the coupler to the incoming delivery container, moving the incoming delivery container to a position above a storage container to be stored within the storage and retrieval system, and placing the incoming delivery container into the storage container; Claim 18: a storage and retrieval system for storing storage containers, a control system, a robotic picking device in signal communication with the control system, the robotic picking device comprising: a robotic base, a first robotic segment connected to the robotic base, and an operative end, a coupler connected to the operative end, and an access and distribution station configured to deliver a storage container from within the storage and retrieval system, wherein the robotic base is arranged at a distance to allow the operative end to be moved to a position at least within reach of the storage container is to be delivered to the access and distribution station, wherein the method comprises: A. moving the operative end of the robot picking device with the coupler to a position in which the coupler may connect to the delivery container, B. connecting the coupler to the delivery container, and C. raising the coupler with the delivery container connected thereto. Shi shows a similar device having: Claim 10: a container abutment face for abutting an upper edge of the container (figures 1/3, where 21/etc. abuts on 9; para. [0040]-[0076]); wherein the actuator system is arranged above the container abutment face (32/etc. is above the container abutment face in figures 1/3); with a reasonable expectation of success for the purpose of improving reliability by preventing the actuator system from loosening from the container (English translation, “The driving motor 32 with a brake can prevent the clamping jaw 21 from loosening when grasping the turnover box 9, keep the clamping jaw 21 in a state of clamping the turnover box 9, and improve reliability.”). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang as taught by Shi and include Shi’s similar device having: Claim 10: a container abutment face for abutting an upper edge of the container; wherein the actuator system is arranged above the container abutment face; with a reasonable expectation of success for the purpose of improving reliability by preventing the actuator system from loosening from the container. Lindbo shows a similar device having: Claim 10: a storage and retrieval system for storing storage containers, a control system, a robotic picking device in signal communication with the control system, the robotic picking device comprising: a robotic base, a first robotic segment connected to the robotic base, and an operative end, an access and distribution station configured to deliver a storage container from within the storage and retrieval system, wherein the robotic base is arranged at a distance to allow the operative end to be moved to a position at least within reach of the storage container is to be delivered to the access and distribution station (Figure 9/17; para. [0082]-[0096]); Claim 12: wherein the access and distribution station comprises: a storage system access opening through which a storage container may be transported between a storage location within the storage and retrieval system and an external area of the storage and retrieval system, and a conveyor having one end arranged adjacent to the storage system access opening, and wherein the robotic picking device is configured such that the operational end may be positioned at a location and an orientation allowing the coupler to retrieve a delivery container from within the storage container from the storage system access opening and that the retrieved delivery container may be placed onto the conveyor (Figure 9/17; para. [0082]-[0096]); Claim 13: wherein the storage and retrieval system comprises; a framework structure comprising a plurality of vertical upright members defining a plurality of storage columns for storing stacks of storage containers and at least one port column for transporting a storage container to the access and distribution station, a rail system arranged on the framework structure, the rail system comprising perpendicular tracks, the intersections of which form a grid having grid cells defining grid openings into the plurality of storage columns, and a remotely operated vehicle comprising drive means configured to travel along the rail system and a storage container lifting device for storing and retrieving storage containers through the grid openings (Figure 9/17; para. [0082]-[0096]); Claim 14: wherein the method comprises; A. moving the operative end of the robot picking device with the coupler to a position in which the coupler may connect to the delivery container, B. connecting the coupler to the delivery container and C. raising the coupler with the delivery container connected thereto (Figure 9/17; para. [0082]-[0096]); Claim 15: wherein the delivery container to be connected is stored within a storage container and wherein the method further comprises: transporting, prior to step A, the storage container with the delivery container stored therein from the storage and retrieval system to an external area through a storage system access opening, and raising, during step C, the operative end such that a lowermost part of the delivery container is higher than the uppermost part of the storage container (Figure 9/17; para. [0082]-[0096]); Claim 16: wherein the method further comprises; placing, after step C, the delivery container onto a conveyor having one end arranged adjacent to the storage system access opening, and transporting the delivery container by use of the conveyor away from the storage system access opening (Figure 9/17; para. [0082]-[0096]); Claim 17: wherein the method further comprises; transporting an incoming delivery container to the storage system access opening, moving the operative end of the robotic picking device with the coupler to a position in which the coupler may connect to the incoming delivery container, connecting the coupler to the incoming delivery container, moving the incoming delivery container to a position above a storage container to be stored within the storage and retrieval system, and placing the incoming delivery container into the storage container (Figure 9/17; para. [0082]-[0096]); Claim 18: a storage and retrieval system for storing storage containers, a control system, a robotic picking device in signal communication with the control system, the robotic picking device comprising: a robotic base, a first robotic segment connected to the robotic base, and an operative end, a coupler connected to the operative end, and an access and distribution station configured to deliver a storage container from within the storage and retrieval system, wherein the robotic base is arranged at a distance to allow the operative end to be moved to a position at least within reach of the storage container is to be delivered to the access and distribution station, wherein the method comprises: A. moving the operative end of the robot picking device with the coupler to a position in which the coupler may connect to the delivery container, B. connecting the coupler to the delivery container, and C. raising the coupler with the delivery container connected thereto (Figure 9/17; para. [0082]-[0096]); with a reasonable expectation of success for the purpose of ensuring that the timing of the operations are coordinated such that containers can be quickly and efficiently placed or removed (para. [0082]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang and Shi as taught by Lindbo and include Lindbo’s similar device having: Claim 10: a storage and retrieval system for storing storage containers, a control system, a robotic picking device in signal communication with the control system, the robotic picking device comprising: a robotic base, a first robotic segment connected to the robotic base, and an operative end, an access and distribution station configured to deliver a storage container from within the storage and retrieval system, wherein the robotic base is arranged at a distance to allow the operative end to be moved to a position at least within reach of the storage container is to be delivered to the access and distribution station; Claim 12: wherein the access and distribution station comprises: a storage system access opening through which a storage container may be transported between a storage location within the storage and retrieval system and an external area of the storage and retrieval system, and a conveyor having one end arranged adjacent to the storage system access opening, and wherein the robotic picking device is configured such that the operational end may be positioned at a location and an orientation allowing the coupler to retrieve a delivery container from within the storage container from the storage system access opening and that the retrieved delivery container may be placed onto the conveyor; Claim 13: wherein the storage and retrieval system comprises; a framework structure comprising a plurality of vertical upright members defining a plurality of storage columns for storing stacks of storage containers and at least one port column for transporting a storage container to the access and distribution station, a rail system arranged on the framework structure, the rail system comprising perpendicular tracks, the intersections of which form a grid having grid cells defining grid openings into the plurality of storage columns, and a remotely operated vehicle comprising drive means configured to travel along the rail system and a storage container lifting device for storing and retrieving storage containers through the grid openings; Claim 14: wherein the method comprises; A. moving the operative end of the robot picking device with the coupler to a position in which the coupler may connect to the delivery container, B. connecting the coupler to the delivery container and C. raising the coupler with the delivery container connected thereto; Claim 15: wherein the delivery container to be connected is stored within a storage container and wherein the method further comprises: transporting, prior to step A, the storage container with the delivery container stored therein from the storage and retrieval system to an external area through a storage system access opening, and raising, during step C, the operative end such that a lowermost part of the delivery container is higher than the uppermost part of the storage container; Claim 16: wherein the method further comprises; placing, after step C, the delivery container onto a conveyor having one end arranged adjacent to the storage system access opening, and transporting the delivery container by use of the conveyor away from the storage system access opening; Claim 17: wherein the method further comprises; transporting an incoming delivery container to the storage system access opening, moving the operative end of the robotic picking device with the coupler to a position in which the coupler may connect to the incoming delivery container, connecting the coupler to the incoming delivery container, moving the incoming delivery container to a position above a storage container to be stored within the storage and retrieval system, and placing the incoming delivery container into the storage container; Claim 18: a storage and retrieval system for storing storage containers, a control system, a robotic picking device in signal communication with the control system, the robotic picking device comprising: a robotic base, a first robotic segment connected to the robotic base, and an operative end, a coupler connected to the operative end, and an access and distribution station configured to deliver a storage container from within the storage and retrieval system, wherein the robotic base is arranged at a distance to allow the operative end to be moved to a position at least within reach of the storage container is to be delivered to the access and distribution station, wherein the method comprises: A. moving the operative end of the robot picking device with the coupler to a position in which the coupler may connect to the delivery container, B. connecting the coupler to the delivery container, and C. raising the coupler with the delivery container connected thereto; with a reasonable expectation of success for the purpose of ensuring that the timing of the operations are coordinated such that containers can be quickly and efficiently placed or removed. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Shi, Lindbo, and Widder et al. (US 8777551) (“Widder”). Zhang discloses all the limitations of the claims as discussed above. Zhang does not directly show: Claim 11: wherein the first robotic segment is rotatably connected to the robotic base with a rotational robotic base axis or movably connected to the robotic base along at least a direction parallel to a floor onto which the storage and retrieval system is supported or a combination thereof. Widder shows a similar device having: Claim 11: wherein the first robotic segment is rotatably connected to the robotic base with a rotational robotic base axis or movably connected to the robotic base along at least a direction parallel to a floor onto which the storage and retrieval system is supported or a combination thereof (column 3, lines 24-28); with a reasonable expectation of success for the purpose of providing a suitable robotic segment for effectively moving containers using varied parameters as necessary or desired (column 2, lines 21-37). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang, Shi, and Lindbo as taught by Widder and include Widder’s similar device having: Claim 11: wherein the first robotic segment is rotatably connected to the robotic base with a rotational robotic base axis or movably connected to the robotic base along at least a direction parallel to a floor onto which the storage and retrieval system is supported or a combination thereof; with a reasonable expectation of success for the purpose of providing a suitable robotic segment for effectively moving containers using varied parameters as necessary or desired. Double Patenting Claims 1-3 and 7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7-8 of copending Application 18/705,965 (reference application 1) in view of Shi. The actuator system of the current application is equivalent to the displacement mechanism of reference application 1. They both have two gripper paddles as claimed. Reference application 1 does not directly show: Claim 1: a container abutment face for abutting an upper edge of the container; wherein the actuator system is arranged above the container abutment face. Shi shows a similar device having: Claim 1: a container abutment face for abutting an upper edge of the container (figures 1/3, where 21/etc. abuts on 9; para. [0040]-[0076]); wherein the actuator system is arranged above the container abutment face (32/etc. is above the container abutment face in figures 1/3); with a reasonable expectation of success for the purpose of improving reliability by preventing the actuator system from loosening from the container (English translation, “The driving motor 32 with a brake can prevent the clamping jaw 21 from loosening when grasping the turnover box 9, keep the clamping jaw 21 in a state of clamping the turnover box 9, and improve reliability.”). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Reference application 1 as taught by Shi and include Shi’s similar device having: Claim 1: a container abutment face for abutting an upper edge of the container; wherein the actuator system is arranged above the container abutment face; with a reasonable expectation of success for the purpose of improving reliability by preventing the actuator system from loosening from the container. Claims 1-3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8-10 of copending Application No. 18/554,593 (reference application 2) in view of Shi. The actuator system of the current application is equivalent to the displacement system of reference application 2. They both have two gripper paddles as claimed. Reference application 2 does not directly show: Claim 1: a container abutment face for abutting an upper edge of the container; wherein the actuator system is arranged above the container abutment face. Shi shows a similar device having: Claim 1: a container abutment face for abutting an upper edge of the container (figures 1/3, where 21/etc. abuts on 9; para. [0040]-[0076]); wherein the actuator system is arranged above the container abutment face (32/etc. is above the container abutment face in figures 1/3); with a reasonable expectation of success for the purpose of improving reliability by preventing the actuator system from loosening from the container (English translation, “The driving motor 32 with a brake can prevent the clamping jaw 21 from loosening when grasping the turnover box 9, keep the clamping jaw 21 in a state of clamping the turnover box 9, and improve reliability.”). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Reference application 2 as taught by Shi and include Shi’s similar device having: Claim 1: a container abutment face for abutting an upper edge of the container; wherein the actuator system is arranged above the container abutment face; with a reasonable expectation of success for the purpose of improving reliability by preventing the actuator system from loosening from the container. These are provisional nonstatutory double patenting rejections because the patentably indistinct claims have not in fact been patented. Response to Arguments Applicant’s arguments, see pp. 8-12, filed 8 December 2025, with respect to the rejection(s) of claim(s) 1-18 under Zhang, 112(b) rejections, and objections have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Zhang, Shi, et al. 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 Gerald McClain whose telephone number is (571)272-7803. The examiner can normally be reached Monday through Friday from 8:30 a.m. to 5:00 p.m. and at gerald.mcclain@uspto.gov (see MPEP 502.03 (II)). 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 at (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 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. /Gerald McClain/Primary Examiner, Art Unit 3652
Read full office action

Prosecution Timeline

Nov 29, 2023
Application Filed
Sep 04, 2025
Examiner Interview (Telephonic)
Sep 05, 2025
Non-Final Rejection — §103, §112, §DP
Dec 08, 2025
Response Filed
Mar 17, 2026
Final Rejection — §103, §112, §DP (current)

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Prosecution Projections

3-4
Expected OA Rounds
74%
Grant Probability
89%
With Interview (+14.8%)
2y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 773 resolved cases by this examiner. Grant probability derived from career allow rate.

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