Prosecution Insights
Last updated: April 19, 2026
Application No. 18/582,400

Matrial Handling Method and Apparatus

Non-Final OA §103
Filed
Feb 20, 2024
Examiner
JOERGER, KAITLIN S
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Opex Corporation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
98%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
1008 granted / 1162 resolved
+34.7% vs TC avg
Moderate +11% lift
Without
With
+10.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
34 currently pending
Career history
1196
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
42.6%
+2.6% vs TC avg
§102
42.2%
+2.2% vs TC avg
§112
10.0%
-30.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1162 resolved cases

Office Action

§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 . Specification The disclosure is objected to because of the following informalities: Reference numerals are used inconsistently in the specification, specifically related to the sort bins and racks. For example, in paragraph 0086 the specification refers to a first group of bins 30, a second group of bins 35, and different bins 20. In paragraph 0091 the specification refers to racks, 30 and 35, and in paragraph 0097 the specification refers to racks, 30 and 35, and bins, 20. Please ensure that the features of the invention are consistently labeled with reference numerals throughout the specification. Appropriate correction is required. 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) 1-8, 9, 10, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ganouni (US 2025/0058361) in view of Schafer (US 2009/0129902). Regarding claim 1, Ganouni teaches an item sorting apparatus including an input station, see “reception level” of paragraph 0040, for acquiring information used to identify destinations applicable to items to be sorted, a plurality of sort bins, 5, and a rack, 2a and 2b, defining an aisle, 3, and configured to support the plurality of sort bins at spatially separated locations along at least a first or second side of the aisle, see figure 1, characterized by: a delivery mechanism, 7, operable within the aisle for delivering items to the sort bins to thereby accumulate groups of items applicable to an order; a retrieval mechanism, see paragraphs 0044 through 0045, operable within the aisle and configured to move with the aisle, to retrieve respective sort bins containing sorted items, to transport the respective sort bins within the aisle to one or more locations , see paragraphs 0038 through 0047. Ganouni describes a discharge level and that the retrieval mechanism, see paragraphs 0044 through 0045, transports sort bins to the discharge level, see paragraph 0047. Ganouni does not teach any specifics of a discharge level including the claimed discharge stations and where the retrieval mechanism transports sort bins to locations adjacent the discharge station, and to discharge items from at least one of the transported sort bins into a container displaced from the aisle; and an outfeed conveyor for moving the container away from the aisle. Schafer teaches an item sorting apparatus including a plurality of discharge stations, 28, proximate a storage aisle, see figure 1A and 2, and a retrieval mechanism that transports sort bins to one or more discharge locations, 58, adjacent the discharge station, 28, and to discharge items from the sort bins into a container, see paragraph 0091; and an outfeed conveyor, 60, for moving the container away from the aisle. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the discharge stations, discharge locations, and outfeed conveyor of Schafer with the discharge levels of the sorting apparatus taught by Ganouni in order to enable further processing of sort bins and items within the sort bins such as packing for shipping. Regarding claim 2, Ganouni teaches a first group of sort bins is supported by the rack along a first side of the aisle, wherein a second group of sort bins is located along a second side of the aisle, and wherein the retrieval mechanism is operable to move the sort bins into the aisle, see figure 1 and paragraphs 0043 and 0044. Regarding claim 3, Ganouni teaches the retrieval mechanism is moveable within the aisle in a vertical and/or horizontal direction, see paragraphs 0039 through 0042. Regarding claim 4, Ganouni teaches the delivery mechanism comprises a plurality of independently operable delivery vehicles, 7, see multiple vehicles shown in figure 1. Regarding claim 5, Ganouni teaches the delivery vehicles comprise a transfer mechanism operable in a first direction to transfer items from the delivery vehicles into one of the sort bins along the first side of the aisle and operable in a second direction to transfer items from the delivery vehicle into one of the sort bins along the second side of the aisle, see paragraph 0040. Regarding claim 6, Ganouni teaches the delivery vehicles are operable to follow a vertical loop within the aisle, where Ganouni teaches posts, 6, fitted with racks, 6a, for vertical translation of the vehicles 7, and further teaches horizontal translation of the vehicle along a track in the x direction, and therefore the delivery vehicle are operable to follow a vertical loop within the aisle – traveling up the rack 6a, horizontally along the rack face in the X direction, and down the rack, 6a, back to the ground level, see paragraphs 0039 through 0047. Regarding claim 9, Ganouni teaches a plurality of retrieval vehicles, see paragraph 0046 which teaches plural retrieval carriages, 7. Regarding claim 10, Ganouni teaches a transfer mechanism configured to engage the sort bins, see paragraph 0044. Regarding claim 15, Ganouni teaches a method of sorting items into groups, comprising: loading, at a loading station, a plurality of items one at a time onto a delivery mechanism, 7, movable within an aisle, see paragraph 0040; operating the delivery mechanism within the aisle to deliver items to respective sort bins of a plurality of sort bins disposed along the aisle, the operating including transporting each loaded item along a vertical loop within the aisle, the vertical loop encompassing the loading location and a respective destination adjacent one of the sort bins, and operating transfer mechanisms of the delivery mechanism to respectively deposit items into the sort bins to accumulate groups of items in the sort bins, see figure 1 and paragraphs 0040 through 0042, where Ganouni teaches posts, 6, fitted with racks, 6a, for vertical translation of the vehicles 7, and further teaches horizontal translation of the vehicle along a track in the x direction, and therefore the delivery vehicle are operable to follow a vertical loop within the aisle – traveling up the rack 6a, horizontally along the rack face in the X direction, and down the rack, 6a, back to the ground level; determining that a group of items assigned to a sort bin have been accumulated in a first sort bin, see paragraph 0047, which teaches full container discharged from the sorting aisle; and retrieving the first sort bin, the retrieving including moving a retrieval mechanism within the aisle to a position proximate the first sort bin, see paragraphs 0044 through 0047; displacing the first sort bin and the accumulated items into the aisle while retaining the first sort bin, , se paragraph 0044; transporting the first sort bin within the aisle to a first discharge station, where the discharge station is the discharge level, see paragraphs 0044; Ganouni does not teach the specific further method steps of discharging the accumulated items from the first sort bin at the first discharge station into a first container that is spaced apart from the aisle; displacing the first container in a direction parallel to the aisle; at a second discharge station, receiving accumulated items from a second sort bin retrieved by the sort mechanism into the first container; and transporting the first container away from the second discharge station. Schafer teaches a method for sorting items into groups which includes discharging the accumulated items from the first sort bin at the first discharge station, 28, into a first container that is spaced apart from the aisle; displacing the first container in a direction parallel to the aisle, see conveyor 60, and paragraph 0091. Schafer further teaches in US 2009/0136328 “Rack-Integrated Packing Station and Order-Picking Method” which is incorporated by reference, see paragraph 0015, receiving accumulated items from a second sort bin retrieved by the sort mechanism into the first container; and transporting the first container away from the second discharge station, see paragraph 0116, which loading shipping supports (containers) in serial at different work stations. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to incorporate the steps od discharging items in a first container, displacing the container, and discharging items in the first container at a second location, and transporting the container away from the discharge station, as taught by Schafer with the sorting method taught by Ganouni in order to enable further processing of sort bins and items within the sort bins such as packing for shipping. Claim(s) 7, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ganouni (US 2025/0058361) in view of Schafer (US 2009/0129902) as applied to claim 6 above, and further in view of Sauer et al. (US 2023/0211380). Regarding claim 7, neither Ganouni nor Schafer teach each delivery vehicle comprises an energy storage device for providing power for operation of the delivery vehicle and wherein a charging element is provided within the aisle for charging the delivery vehicles as the delivery vehicles move within the aisle. Sauer et al. teaches an item sorting apparatus including vehicle, 500, where each delivery vehicle comprises an energy storage device for providing power for operation of the delivery vehicle and wherein a charging element is provided within the aisle for charging the delivery vehicles as the delivery vehicles move within the aisle, see paragraph 0118. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the energy storage device and charging element taught by Sauer et al. with the sorting apparatus taught by the combination of Ganouni and Schafer in order to enable the vehicle to run continuously with draining the battery and requiring downtime for charging. Regarding claim 8, Ganouni teaches a track for guiding the delivery vehicles to the sort bins, see paragraph 0039-0047. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ganouni (US 2025/0058361) in view of Schafer (US 2009/0129902) as applied to claim 9 above, and further in view of Sauer et al. (US 2023/0211380). Regarding claim 11, neither Ganouni nor Schafer teach each retrieval vehicle comprises an energy storage device for providing power for operation of the retrieval vehicle. Sauer et al. teaches an item sorting apparatus including vehicle, 500, where each vehicle comprises an energy storage device for providing power for operation of the vehicle and wherein a charging element is provided within the aisle for charging the vehicles as the vehicles move within the aisle, see paragraph 0118. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the energy storage device and charging element taught by Sauer et al. with the sorting apparatus taught by the combination of Ganouni and Schafer in order to enable the vehicle to run continuously with draining the battery and requiring downtime for charging. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ganouni (US 2025/0058361) in view of Schafer (US 2009/0129902) as applied to claim 1 above, and further in view of Huang et al. (US 5,484,049). Regarding claim 12, Schafer teaches the discharge stations, 28, include a discharge conveyor, 60. Schafer does not teach a system that includes a first, second and third conveyor configured to iteratively reverse directions at different times to resolve an item jam. Huang et al. teaches a package conveyor which includes conveyors which are configured to iteratively reverse directions at different times to resolve an item jam, see column 6, lines 29-39. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the output conveyor of Schafer to operate in reverse, as taught by Huang et al. in order to achieve the predictable result of preventing a package jam to allow packages to more easily removed from the conveyor, as needed. Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ganouni (US 2025/0058361) in view of Schafer (US 2009/0129902) as applied to claim 1 above, and further in view of Schafer (US 2008/0283536). Regarding claim 13, neither Ganouni nor Schafer (‘902) teaches the sort bins include a moveable wall. Schafer (‘536) teach bins, 1, for storing items in a storage system including a movable wall, see figure 6 and abstract. It would have been obvious to one of ordinary skill in the art at the time the inventions was filed to replace the bins in the system taught by Ganouni in view of Schafer (‘902) with the movable wall bins taught by Schafer (‘536) in order to enable easier access to the contents of the bins during unloading. Regarding claim 14, Schafer (‘536) further teaches the discharge stations are configured to facilitate movement of the moveable wall when one of the sort bins is transferred into the discharge station so that items can be discharged from the sort bin, see paragraph 0045, which teaches the movement of a latch facilitates movement of the wall, which can be performed by an operator at the discharge station. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional examples of prior art cited on the PTO-892, such as US 12,202,673 US 2024/0198389 are included to show the state of the art and other examples of item sorting apparatuses with delivery and retrieval mechanisms similar to the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAITLIN S JOERGER whose telephone number is (571)272-6938. The examiner can normally be reached M-F 7:30-5 (CST). 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, Ernesto Suarez can be reached at (571)270-5565. 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. /KAITLIN S JOERGER/Primary Examiner, Art Unit 3655 12 March 2026
Read full office action

Prosecution Timeline

Feb 20, 2024
Application Filed
Mar 12, 2026
Non-Final Rejection — §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
87%
Grant Probability
98%
With Interview (+10.8%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 1162 resolved cases by this examiner. Grant probability derived from career allow rate.

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