DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/17/2026 has been entered.
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.
Claim 12 is 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 12, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1, 2, and 4-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuyama (US 2007/0221680).
Regarding independent claim 1, Yuyama discloses an access station for an automated storage and retrieval system, wherein the access station comprises: a frame structure (1); and a drawer (2) arranged in the frame structure, wherein the drawer is a tilt drawer (see Fig. 2) comprising a compartment for accommodating a goods holder (see Fig. 2), wherein the tilt drawer is pivotable between a receiving position for receiving a goods holder from above, and a tilted picking position for presenting a goods holder to a user (see at least abstract), wherein the tilt drawer has a horizontal axis of rotation (generally at 16) arranged in a horizontal central part of the tilt drawer, and wherein the horizontal central part of the frame structure is a part with a horizontal distance to vertical side surfaces of the frame structure (see Fig. 2).
Regarding dependent claims 2 and 4-8 Yuyama discloses that the horizontal axis of rotation is arranged under a middle of the tilt drawer (see Fig. 2). The tilt drawer is biased towards the receiving position (see para. 0044). The access station comprises a tilt limiter (12 or 25a, or 24), arranged on the tilt drawer, configured to limit pivotal movement of the tilt drawer beyond the picking position. The frame structure and/or the tilt drawer are configured to prevent retrieval of a goods holder from the compartment when the tilt drawer is in the picking position (see Fig. 2)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1, 2, and 4-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kania (US 10,814,355) in view of Yuyama et al. (US 2007/0221680). Kania discloses an access station for an automated storage and retrieval system, wherein the access station comprises: a frame structure (3); and a drawer (16) arranged in the frame structure, wherein the drawer is a tilt drawer (see Fig. 2) comprising a compartment (16) for accommodating a goods holder (8), wherein the tilt drawer is pivotable between a receiving position for receiving a goods holder from above, and a tilted picking position for presenting a goods holder to a user (see at least abstract), wherein the horizontal central part of the frame structure is a part with a horizontal distance to vertical side surfaces of the frame structure (see Fig. 2). Kania discloses that a horizontal axis of rotation (20) arranged under a middle of the tilt drawer (see Fig. 2). The access station is configured for vertical alignment of the receiving position with a port column (11) of the automated storage and retrieval system for receiving goods holder therefrom. The access station comprises a tilt limiter (see at least col. 3, lines 44-47) configured to limit pivotal movement of the tilt drawer beyond the picking position. The tilt limiter is arranged on the tilt drawer (see at least col. 3, lines 44-47). The frame structure and/or the tilt drawer are configured to prevent retrieval of a goods holder from the compartment when the tilt drawer is in the picking position (see at least item 18). The tilt drawer is automated (see at least col. 4, lines 15-40). Kania discloses all the limitations of the claims, but it does not disclose that the tilt drawer has a horizontal axis of rotation arranged in a horizontal central part of the tilt drawer biased towards the receiving position (which is a horizontal position). However, Yuyama (US 2007/0221680) discloses a similar device which includes a tilt drawer having a horizontal axis of rotation (16) arranged in a horizontal central part of the tilt drawer (see Fig. 2) biased towards a horizontal position (see para. 0044) for the purpose of accommodating large objects in the rear of the drawer. 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 Kania, by having a horizontal axis of rotation arranged in a horizontal central part of the tilt drawer biased towards the receiving position, as disclosed by Yuyama, for the purpose of accommodating large objects in the rear of the drawer.
Allowable Subject Matter
Claims 10, 11, and 13-16 are allowed.
Claim 12 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.
Response to Arguments
Applicant's arguments regarding Yuyama filed 8/17/2026 have been fully considered but they are not persuasive.
The applicant states that Yuyama is not configured to receive a goods holder from above. The examiner notes that the claims do not require a tilt drawer “configured to receive a goods holder”. Rather, the claims recite a tilt drawer “for receiving a goods holder from above”. Yuyama discloses a tilt drawer capable of receiving a goods holder from above. The applicant should clearly and unambiguously invoke 35 USC 112(f) if the applicant intends for the claim to be construed in that manner.
The applicant states that Yuyama does not disclose a goods holder. The examiner disagrees with the applicant. In at least Fig. 2, Yuyama discloses many goods holders.
The applicant states that Yuyama does not disclose a storage and retrieval system. The examiner disagrees with the applicant. The device disclosed by Yuyama both stores goods and presents them for retrieval.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Butters et al. (US 6,039,422) and Wilson (US 4,725,108) disclose tilting drawers similar to the tilting drawer disclosed by the applicant.
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.
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/PATRICK H MACKEY/Primary Examiner, Art Unit 3653
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