Prosecution Insights
Last updated: April 19, 2026
Application No. 18/580,039

A Grid Framework Structure

Non-Final OA §102§103
Filed
Jan 17, 2024
Examiner
WALSH, EMMETT K
Art Unit
3628
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Ocado Innovation Limited
OA Round
1 (Non-Final)
53%
Grant Probability
Moderate
1-2
OA Rounds
3y 4m
To Grant
74%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allow Rate
243 granted / 456 resolved
+1.3% vs TC avg
Strong +21% interview lift
Without
With
+20.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
43 currently pending
Career history
499
Total Applications
across all art units

Statute-Specific Performance

§101
34.4%
-5.6% vs TC avg
§103
42.1%
+2.1% vs TC avg
§102
9.4%
-30.6% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 456 resolved cases

Office Action

§102 §103
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 . Status of Claims This action is responsive to Applicant’s claims filed 01/17/2024. Claims 1-30 are currently pending and have been examined here. Claims 1-30 have been amended. Claim Objections Claim 2 is objected to because of the following informalities: the claim does not end in a period, but instead ends in a semicolon. Appropriate correction is required. Claims 10-23 and 26-29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 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)(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 1-9 and 24-25 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Austrheim, Trond (U.S. PG Pub. No. 20220234827; hereinafter "Trond"). As per claim 1, Trond teaches: A grid framework system comprising: Trond teaches a system and method for storing packages in a grid framework. (Trond: abstract, Figs. 1-5) A) a substructure; Trond teaches a substructure in the form of a concrete floor. (Trond: paragraph [0046]) B) a grid framework structure configured for supporting a load handling device operative to move one or more containers in a stack, said grid framework structure including: Trond teaches a grid framework structure for storing items. (Trond: paragraphs [0061-68], Figs. 1-5) Trond teaches remotely operated bin handling vehicles (load handling devices) which may move bins around on the storage structure. (Trond: paragraph [0042, 61, 68], Fig. 1) i) a plurality of upright members, the plurality of upright members being spatially arranged to form a three dimensional supporting framework structure including a plurality of vertical storage columns for storage containers to be stacked between the upright members, the supporting framework structure being mounted to the substructure; Trond teaches upright members in the form of vertical columns which are spatially arranged to form a grid about which the bin handling vehicles may move. (Trond: paragraph [0061-68], Figs. 1-5) ii) a grid structure lying in a horizontal plane and mounted to the supporting framework structure, said grid structure including a plurality of grid members including a first set of grid members and a second set of grid members, the first set of grid members extending in a first direction and the second set of grid members extending in a second direction, the second direction being substantially perpendicular to the first direction such that the plurality of grid members are arranged in a grid pattern including a plurality of grid cells, each of the plurality of grid cells including a grid opening Trond teaches guiding rails along horizontal planes throughout the vertical grid made of supporting members which may be mounted to the vertical columns, wherein the horizontal members may extend in directions perpendicular to one another in order to create multiple floors within the vertical grid structure and create cells for storing bins. (Trond: paragraphs [0061-68], Figs. 1-5) iii) a plurality of solid walled panels distributed internally within the supporting framework structure such that each of the plurality of solid walled panels lies in a respective vertical plane within the supporting framework structure having a first end anchored to the substructure and a second end secured to the grid structure to provide stability to the grid framework structure. Trond teaches panels 6 which may rest in the vertical planes created by a vertical member and a guiding rail (in either direction), wherein the panels may be secured to the substructure via bolts 18 and secured to the vertical members themselves. (Trond: paragraphs [0067-74], Fig. 6, 10-11, 12-13) As per claim 2, Trond teaches all of the limitations of claim 1, as outlined above, and further teaches: wherein the plurality of upright members are interconnected at their upper ends by the plurality of grid members; Trond teaches that the vertical members may be interconnected at their upper ends by the horizontal members which make up the horizontal planes, wherein the vertical columns created by such are located below a grid opening. (Trond: paragraph [0071], Fig. 10) and wherein the first and second sets of grid members intersect in the grid structure such that each of the plurality of vertical storage columns are located below a respective grid opening; Trond teaches that the vertical members may be interconnected at their upper ends by the horizontal members which make up the horizontal planes, wherein the vertical columns created by such are located below a grid opening. (Trond: paragraph [0071], Fig. 10) As per claim 3, Trond teaches all of the limitations of claim 1, as outlined above, and further teaches: wherein one or more of the plurality of solid walled panels are secured to a pair of the plurality of upright members. Trond teaches panels 6 which may rest in the vertical planes created by a vertical member and a guiding rail (in either direction), wherein the panels may be secured to the substructure via bolts 18 and secured to the vertical members themselves. (Trond: paragraphs [0067-74], Fig. 6, 10-11, 12-13) In teaching that two panels may be attached to two upright members, Trond teaches that one or more of the panels may be attached to a pair of the plurality of upright members. Id. As per claim 4, Trond teaches all of the limitations of claim 1, as outlined above, and further teaches: wherein the plurality of solid walled panels are spatially distributed within the framework structure such that two or more of the plurality of solid walled panels are separated by one or more of the plurality of upright members. Trond teaches that two of the panels (see the panel 6 of Fig. 12 and its counterpart on the other side of the column) may be separated by an upright member column 1. (Trond: Fig. 12) As per claim 5, Trond teaches all of the limitations of claim 4, as outlined above, and further teaches: wherein the plurality of solid walled panels comprises a first set of solid walled panels and a second set of solid walled panels, the first set of solid walled panels extending in the first direction and the second set of solid walled panels extending in the second direction. Trond teaches that some panels 6 may be extending in one direction, and others may extend in a direction perpendicular to that direction. (Trond: Fig. 12) As per claim 6, Trond teaches all of the limitations of claim 5, as outlined above, and further teaches: wherein the first set of solid walled panels are spatially distributed along the first direction and the second set of solid walled panels are spatially distributed along the second direction. Trond teaches that some panels 6 may be extending in one direction, and others may extend in a direction perpendicular to that direction, wherein each are spatially distributed. (Trond: Fig. 12) As per claim 7, Trond teaches all of the limitations of claim 6, as outlined above, and further teaches: wherein the grid framework structure is a self-supporting rectilinear assemblage of the plurality of upright members having a first dimension extending in the first direction and a second dimension extending in the second direction, and wherein the first set of solid walled panels are spatially distributed along the first direction such that the first set of solid walled panels partially extends along the first dimension and the second set of solid walled panels are spatially distributed along the second direction such that the second set of solid walled panels partially extends along the second dimension. Trond teaches a self-supported grid structure made of vertical columns and horizontal members creating planes at various heights along the columns. (Trond: paragraphs [0061-68], Figs. 1-5, 10) Trond teaches that some panels 6 may be extending in one direction, and others may extend in a direction perpendicular to that direction, wherein each are spatially distributed. (Trond: Fig. 12) As per claim 8, Trond teaches all of the limitations of claim 1, as outlined above, and further teaches: wherein one or more of the plurality of solid walled panels are spatially distributed within the framework structure such that adjacent solid walled panels are spaced apart by one or more grid cells. Tron teaches that panels may be spaced such that those adjacent to each other is space apart by a grid cell. (Tron: Fig. 10 showing a panel in the upper left corner, a grid cell, and then another panel labeled 26 in the image) As per claim 9, Trond teaches all of the limitations of claim 1, as outlined above, and further teaches: wherein each of the plurality of solid walled panels is secured to the grid structure at one or more nodes where the first and the second set of grid members intersect or meet in the grid structure. Tron teaches that the panels may be secured at the corners where horizontal guide rails meet. (Tron: paragraph [0065-66], Fig. 6) As per claim 24, Trond teaches all of the limitations of claim 1, as outlined above, and further teaches: wherein each of the plurality of solid walled panels is anchored to the substructure by one or more bolts. Trond teaches that the panels may be secured to the concrete floor via one or more bolts. (Trond: paragraph [00066], Figs. 6, 9) As per claim 25, Trond teaches all of the limitations of claim 1, as outlined above, and further teaches: wherein the substructure comprises concrete. Trond teaches a substructure in the form of a concrete floor. (Trond: paragraph [0046]) 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Trond in view of Austrheim, Trond (WIPO Patent Document No. WO 2019/238694 A1; hereinafter "Austrheim"). As per claim 30, Trond teaches all of the limitations of claim 1, as outlined above, and further teaches: i) a grid framework system as defined in claim 1 ii) a plurality of stacks of containers arranged in storage columns located below the grid structure, wherein each storage column is located vertically below a grid cell iii) a plurality of load handling devices for lifting and moving containers stacked in the stacks, the plurality of load handling devices being configured to be remotely operated to move laterally on the grid structure above the storage columns to access the containers through the grid structure, each of said plurality of load handling devices including: Trond teaches upright members in the form of vertical columns which are spatially arranged to form a grid about which the bin handling vehicles may move. (Trond: paragraph [0061-68], Figs. 1-5) Trond teaches guiding rails along horizontal planes throughout the vertical grid made of supporting members which may be mounted to the vertical columns, wherein the horizontal members may extend in directions perpendicular to one another in order to create multiple floors within the vertical grid structure and create cells for storing bins. (Trond: paragraphs [0061-68], Figs. 1-5) Trond teaches a grid framework structure for storing items. (Trond: paragraphs [0061-68], Figs. 1-5) Trond teaches remotely operated bin handling vehicles (load handling devices) which may move bins around on the storage structure. (Trond: paragraph [0042, 61, 68], Fig. 1) Trond does not appear to explicitly teach: a) a wheel assembly for guiding the load handling device on the grid structure b) a container-receiving space located above the grid structure when the load handling device is on the grid structure and c) a lifting device configured and arranged to lift a single container from a stack into the container-receiving space. "Austrheim, however, teaches a wheeled vehicle used to move bins around a grid structure, wherein the wheel assembly guides the device on the structure in order to place containers in receiving spaces, and where the vehicle comprises a lifting device which may lift containers and place them into receiving spaces. (Austrheim: page 2 lines 7-26 and 27-35, page 4 lines 1-6, page 10 lines 4-12, page 17 lines 1-11) Austrheim teaches combining the above elements with the teachings of Trond for the benefit of providing an automated storage and retrieval system, and a method for operating such a system, that solves or at least mitigates one or more of the aforementioned problems related to the use of prior art storage and retrieval systems, including the lack of flexibility, expensive implementation, inefficient use of space, and increased congestion. (Austrheim: page 6 lines 7-32) Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the teachings of Austrheim with the teachings of Trond to achieve the aforementioned benefits. " Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMETT K WALSH whose telephone number is (571)272-2624. The examiner can normally be reached Mon.-Fri. 6 a.m. - 4:45 p.m.. 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, Resha Desai can be reached at 571-270-7792. 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. /EMMETT K. WALSH/Primary Examiner, Art Unit 3628
Read full office action

Prosecution Timeline

Jan 17, 2024
Application Filed
Jan 27, 2026
Non-Final Rejection — §102, §103 (current)

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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
53%
Grant Probability
74%
With Interview (+20.9%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 456 resolved cases by this examiner. Grant probability derived from career allow rate.

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