Office Action Predictor
Last updated: April 15, 2026
Application No. 18/568,503

A TRACK SYSTEM FOR A STORAGE AND RETRIEVAL SYSTEM

Non-Final OA §102§103§112
Filed
Dec 08, 2023
Examiner
MCCARRY JR, ROBERT J
Art Unit
3615
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Ocado Innovation Limited
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
90%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
1236 granted / 1508 resolved
+30.0% vs TC avg
Moderate +8% lift
Without
With
+7.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
42 currently pending
Career history
1550
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
34.2%
-5.8% vs TC avg
§102
43.0%
+3.0% vs TC avg
§112
14.3%
-25.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1508 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION The Information Disclosure Statements filed on December 8, 2023, December 18, 2023 and July 25, 2025 have both been reviewed and considered by the Examiner. 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 § 112 Claims 17-32 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. Claim 17 recites that the track element includes a “plurality of interdigitated slots such that the at least one track element is compliant.” It is unclear as to what the track element is compliant with in regards to the track or the over all track system. This leaves the claims vague and indefinite. 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. Claim(s) 17, 19 -21 and 2 6 -29 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Andre (US 2016/0083912) . Andre discloses a track system comprised of a first set of tracks 2 extending in a first direction, and a second set of tracks 3 extending in a second direction, the second direction being substantially perpendicular to the first direction, as generally shown in figure 1, and in more detail in figures 6 and 7. E ach of the first and second sets of tracks including a plurality of track elements 32 wherein at least a section of at least one track element of the first and/or second sets of tracks includes a plurality of interdigitated slots , as shown in the variations of figure 15 through 20. The interdigitated slots of figure 16 are shown to extend perpendicular to the longitudinal direction of the element and alternate along the length with the first set of slots having openings on one side of the element, at bottom of figure 16 and a second set having openings at the top of figure 16. The two sets alternate and are interdigitated with each other. The element is constructed of a rubber metal sandwich as shown in figure 20, forming an accordion structure to increase flexibility when installed in the track system. 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, 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. Claim (s) 18, 23 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andre (US 2016/0083912) . Andre discloses the track system as described above. However, Andre does not specifically state that the width of the interdigitated slots will vary under deformation of the at least one track element. It is well known in the art that flexible elements with deform in various directions when placed under the stresses of weight. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have come to the expected result that the track elements shown in figures 15-20 would vary in width as a vehicle passes over them, pressing them downwardly and outwardly under the force and weight of the vehicle. Andre discloses the track system as described above. However, Andre does not specifically state that the interdigitated slots have a round or keyhole profile. It would have been an obvious design choice to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have applied round or keyhole profiled, to a track element, like that of Andre, with the expected result of tailoring the element to fit with the application of different types of tracks and vehicles to support. Allowable Subject Matter Claims 22, 25 and 30-32 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Robert J McCarry Jr. whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-6683 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 7:00-3:00 . 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, FILLIN "SPE Name?" \* MERGEFORMAT S. Joseph Morano can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-6684 . 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. /Robert J McCarry Jr/ Primary Examiner, Art Unit 3615 RJM March 26, 2026
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Prosecution Timeline

Dec 08, 2023
Application Filed
Mar 26, 2026
Non-Final Rejection — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12595628
TRACK RAIL FASTENER STRUCTURED FOR DISPLACEMENT RESTRAINT
2y 5m to grant Granted Apr 07, 2026
Patent 12594972
RAILWAY VEHICLE
2y 5m to grant Granted Apr 07, 2026
Patent 12590421
GAPLESS RAILWAY DIAMOND: A NEW TYPE OF RAILWAY TRACK COMPONENT PROVIDING UNBROKEN RUNNING SURFACES ACROSS THE FLANGEWAYS OF AN INTERSECTING RAILWAY LINE
2y 5m to grant Granted Mar 31, 2026
Patent 12589657
WHEEL-TRACK MAGNETIC SUSPENSION VEHICLE SYSTEM AND APPLICATION THEREOF
2y 5m to grant Granted Mar 31, 2026
Patent 12583490
YOKE ASSEMBLY FOR A COUPLER SYSTEM
2y 5m to grant Granted Mar 24, 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
82%
Grant Probability
90%
With Interview (+7.7%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 1508 resolved cases by this examiner. Grant probability derived from career allow rate.

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