Prosecution Insights
Last updated: July 17, 2026
Application No. 18/613,274

SHELF SYSTEM

Non-Final OA §103
Filed
Mar 22, 2024
Priority
Apr 06, 2023 — DE 102023203215.5
Examiner
CUMBESS, YOLANDA RENEE
Art Unit
3648
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Magna Steyr Fahrzeugtechnik GmbH & Co. Kg
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
977 granted / 1122 resolved
+35.1% vs TC avg
Moderate +9% lift
Without
With
+8.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
34 currently pending
Career history
1148
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
66.3%
+26.3% vs TC avg
§102
7.7%
-32.3% vs TC avg
§112
23.5%
-16.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1122 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 . 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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Traina et al (US PG. Pub. 2022/0289479). Relative to claims 1-5, Traina discloses: claim 1) A shelving system for sequencing goods, the shelving system comprising: a high-bay warehouse (100)(Fig. 1A) with at least one sequencing level (the sequencing level includes output stations 160UT, 160EC (Para. 0054); and a plurality of storage levels (130L) operable to store large load carriers (containers 264 having case units or supply containers 265, Para. 0043) at storage locations thereof during normal operation of the shelving system (storage structure 130 has multiple storage levels 130L where containers are stored in various storage locations, see Fig, 12C, 14)(Para. 0055), the large load carriers (containers) being operable to store goods of one type (Para. 0043; disassociated case units from a pallet in the infeed section enter the storage area and may be a single type, Para. 0051, the case units include containers or tote, Para. 0043; containers may have goods of the same type, Para. 0093); at least one lift (150)(Fig. 1B) for a vertical transport of the large load carriers is arranged in the high-bay warehouse (Para. 0044; 0055); at least one transverse transfer carriage (container bots, 110) in each storage level (130L) for a horizontal transport of the large load carriers (Para. 0060); and a control unit (120)(Fig. 1A) operable to process sequencing orders for a transfer of large load carriers (containers) in a sequencing order from the storage levels (130L) to at least one second sequencing area in the at least one sequencing level (Para. 0047; Para. 0061, containers are supplied to output stations 160UT or 160 EC according to a predetermined load fill order sequence or an individual fulfillment order, the output stations 160UT, 160EC are on the sequencing level, the output stations have multiple operator stations 160EP, such that a first operator station 160EP is a first sequencing area and another operating station 160EP is a second sequencing area, see Para. 0054)(Fig. 1A), while goods from large load carriers (containers) for another sequencing order are placed in a first sequencing area in the at least one sequencing level in a sequencing rack of the first sequencing area and vice versa (for an individual order, containers may be transported from the storage area 130 to an operator station 160EP, which may be a “sequencing area”, Traina, Para. 0061; the sequencing racks, may be included in the operator stations of Traina, which is more clearly shown in Lert US Patent 9,037,286, the disclosure of which is incorporated by reference entirely, (see Para. 0086 of Traina ‘479); in Lert, the operator stations are workstations 24 of modules, each workstation 24 having surfaces supporting the totes CT, PT where the operator loads a tote, see Fig. 6A near Ref. 24A, the surfaces holding the totes CT, PT are “sequencing racks”, there are multiple workstations 24, and therefore multiple sequencing racks, after totes are processed at the workstation 24, loaded totes are transported away from workstation for outbound shipment, or some totes are returned back to storage area 130 (see Fig. 6A, 7C, Col. 22, lines 24-30 of Lert ‘286), goods for one order may arrive at one workstation 24 to be loaded at the sequencing rack at that station, totes are transferred to a predetermined workstation 24 or sequencing area, to fulfill an order; Col. 27, lines 20-26 of Lert ‘286); so that the large load carriers (containers) for the sequencing order are delivered from the storage levels (130L) to the first sequencing area (operator station 160EP or workstation 24 in Lert ‘286) in the at least one sequencing level, while goods from the large load carriers (containers) for the other sequencing order are placed in order in the at least one second sequencing area in the sequencing level in a sequencing rack of the at least one second sequencing area (see Traina, Para. 0061, and Lert ‘286, Col. 27, lines 20-26, which is incorporated by reference, containers or totes for each order may go to a predetermined workstation 24 having a surface supporting the containers, or sequencing rack, to place order items belonging to a same order into an order container or tote); claim 2) each sequencing area contains about three to ten storage locations for large load carriers (see workstation 24 has three storage areas, including 34SO, 34SI, and surface supporting totes PTO, PTI, PTA, Fig. 8A, of Lert ‘286, incorporated by reference in Traina ‘479, see Para. 0086 of Traina). claim 3) the at least one lift (see multilevel vertical conveyor, 150O coupled to the fourth module 20 from the left in Fig. 1) is arranged in the high-bay warehouse along a longitudinal direction of the high-bay warehouse so that the first sequencing area is arranged on one side of the at least one lift and the second sequencing area is arranged on the other side of the at least one lift (see workstations 24 to the right of 150O that are included in the fourth module 20 from the left, and workstations 24 near MVC 150I, in the third module 20 from the left in Fig. 1, Lert ‘286); claim 4) the at least one transverse transfer carriage (110) comprises a first transverse transfer carriage (110) and a second transverse transfer carriage (110) respectively operable for the horizontal transport of the large load carriers (containers) in each sequencing level and/or in each storage level 130L (Traina, Para. 0055; 0058); and claim 5) the first transverse transfer carriage (110) is arranged on one side of the at least one lift (150), and the second transverse transfer carriage (110) is arranged on the other side of the at least one lift (150)(multiple bots 110 can be on a same storage level, near sides of lifts, 150 and between decks, transfer stations, and buffer stations, see Fig. 2B of Medford, one bot 110 is one a left side of a lift, and another bot 110 is on a right side of the lift; see also Para. 0039, 0075 of Medford, Fig. 2A-2B); Traina ‘479 does not expressly disclose: the sequencing level is on a floor level. Traina ‘479 teaches: the sequencing level is on a floor level (see the sequencing level includes output stations 160UT, 160EC) since the input and output stations (160IN, 160UT, 160EC) are locations where inbound goods arrive to the facility on pallets and processed to enter the storage area 130, and where outbound goods are processed to leave storage area 130 for shipment (Para. 0054). The system implies that the input and output stations are located on the floor of the storage system to facility inbound and outbound shipment of goods (Medford 2022/0002081; see Para. 0038; Fig. 1F). See MPEP §2144.01. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Traina so that the sequencing level is on a floor level since the input and output stations are locations where inbound goods arrive to the facility on pallets and where outbound goods are processed to leave storage area 130 for shipment. Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Traina in view of Liu (US PG. Pub. 2021/0354919). Relative to claims 6-7, Traina discloses all claim limitations mentioned above, but does not expressly disclose: claim 6) the high-bay warehouse comprises a double rack that includes a front high rack and a rear high rack that is arranged parallel to the front high rack; or claim 7) the control unit is operable to deliver the large load carriers for sequencing orders from the storage levels to: at least a first front sequencing area and a second front sequencing area in the sequencing level which are assigned to the front high rack, and at least a first rear sequencing area and a second rear sequencing area in the sequencing level which are assigned to the rear high rack. Liu teaches: claim 6) the high-bay warehouse (Fig. 1) comprises a double rack that includes a front high rack and a rear high rack that is arranged parallel to the front high rack (see shelves in operation station 106, in Fig. 9, the front and rear racks are the two shelves immediately next to each other near the operator, in the second station including the second operator from the left, the shelf behind the second operator can be a front high rack, and the shelf behind the third operator from the left in the adjacent station, the station being third from the left, the shelf that is near the third operator can be the rear high rack, these adjacent shelves are parallel to each other, the operation stations 106 can be on any floor, including a first floor, Para. 0034); and claim 7) the control unit (105) is operable to deliver the large load carriers (container, Para. 0042) for sequencing orders from the storage levels to: at least a first front sequencing area and a second front sequencing area in the sequencing level which are assigned to the front high rack, and at least a first rear sequencing area and a second rear sequencing area, (see Fig. 9, the first and second front sequencing areas may be areas in front of the shelves near the station that is second from the left; the first and second rear sequencing areas may be located at the third from left station), in the sequencing level (floor level including the operation stations, 106) which are assigned to the rear high rack (control device assigns transportation tasks which include instructing a robot 103 to move along a travel route to pick a target container and move the container to a destination location, Para. 0031-0032, the destination location can be a particular shelf at an operation station 106 to perform a transportation task, the robot 103 moves the target container from the storage area of the loft to the destination location such as a location at a particular operation station 106, the robot 103 is also instructed to move a container from a shelf at the target operation station 106, to a location in the storage loft, the route is determined by the controller 105, Para. 0031, 0061-0062). Liu teaches: the double rack that includes a front high rack and a rear high rack, and the control unit is operable to deliver the large load carriers from the storage levels to: a first front sequencing area or second front sequencing area, and a first and second rear sequencing area as described above, for the purpose of providing a robot control system and method for performing picking tasks in a warehouse, that is safer to operate, allows for efficient travel for the robots, and minimizes costs (Para. 0002-0004). It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the system of Traina with the double rack, and the control system delivering the large load carriers from the storage levels to a first or second front sequencing area, or first or second rear sequencing area mentioned above, as taught in Liu for the purpose of providing a robot control system and method for performing picking tasks in a warehouse, that is safer to operate, allows for efficient travel for the robots, and minimizes costs. Claim(s) 1, 6-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Traina. Relative to claims 1, 6-17, Traina discloses: claim 1) A shelving system for sequencing goods, the shelving system comprising: a high-bay warehouse (100) with at least one sequencing level and a plurality of storage levels (130L) operable to store large load carriers at storage locations thereof during normal operation of the shelving system (Para. 0054, 0043), the large load carriers (containers) being operable to store goods of one type (Para. 0051, the case units may be inside a container or tote, Para. 0043; containers may have goods of the same type, Para. 0093); at least one lift (150) for a vertical transport of the large load carriers is arranged in the high-bay warehouse (Fig. 1B); at least one transverse transfer carriage (110) in each storage level for a horizontal transport of the large load carriers (Para. 0060); and a control unit (120)(Fig. 1A) operable to process sequencing orders for a transfer of large load carriers in a sequencing order from the storage levels (130L) to at least one second sequencing area in the at least one sequencing level (Para. 0047, 0061), while goods from large load carriers for another sequencing order are placed in a first sequencing area in the at least one sequencing level in a sequencing rack of the first sequencing area and vice versa (Para. 0061; the sequencing racks, may be included in the operator stations 160EP, and are disclosed in Lert US Patent 9,037,286, which is incorporated by reference entirely; as shown in Lert ‘286, the operator stations are workstations 24 of modules, each having surfaces supporting the totes CT, PT, see Fig. 6A near Ref. 24A, the surfaces holding the totes CT, PT are “sequencing racks”, see Fig. 6A, 7C, Col. 22, lines 24-30 of Lert ‘286). Goods for one order may arrive at one workstation 24 and loaded at the sequencing rack at that station; totes are transferred to a predetermined workstation 24 to fulfill an order; Col. 27, lines 20-26 of Lert ‘286); so that the large load carriers (containers) for the sequencing order are delivered from the storage levels (130L) to the first sequencing area (workstation 24 in Lert ‘286) in the at least one sequencing level, while goods from the large load carriers (containers) for the other sequencing order are placed in order in the at least one second sequencing area (another workstation 24 in Lert) in the sequencing level in a sequencing rack of the at least one second sequencing area (see Traina, Para. 0061, and Lert ‘286, Col. 27, lines 20-26, which is incorporated by reference, containers or totes for each order may go to a predetermined workstation 24 having a surface supporting the containers to place order items belonging to a same order into an order container or tote); claim 6) the high-bay warehouse comprises: a double rack that includes a front high rack and a rear high rack that is arranged parallel to the front high rack (see fig. 1F of Medford US 2022/0002081, which is incorporated by reference entirely, see Para. 0041 of Traina ‘479, below: PNG media_image1.png 440 509 media_image1.png Greyscale claim 7) the control unit (120, Medford, Para. 0040) is operable to deliver the large load carriers (container) for sequencing orders from the storage levels (130L) to: at least a first front sequencing area and a second front sequencing area in the sequencing level which are assigned to the front high rack, and at least a first rear sequencing area and a second rear sequencing area in the sequencing level which are assigned to the rear high rack (controller 120, cause any target container to be delivered from any level of storage (130L) to a storage space at a lower level of the rack, or sequence area, near the floor level, the storage location where the container is retrieved and the location where the container is delivered is determined by the system, Para. 0032), see fig. 1F of Medford below; PNG media_image2.png 489 570 media_image2.png Greyscale claim 8) the transverse transfer carriages are arranged between the front high rack and the rear high rack (see bots 110, between front and rear high racks at transfer station TS and BS, Fig. 2B of Medford, bots may move along storage level between storage spaces, buffer stations, transfer stations, transfer deck, and two and from lift 150, see Fig. 2B, 2A); claim 9) comprising four transfer stations (see first, second, third and fourth TS below) to facilitate transfer of the large load carriers to/from the at least one lift (150) or to/from the transverse transfer carriage (containers may move between levels using the lifts 150, each storage level has a transfer station TS or buffer station BS near lift 150; Para. 0070-0071 of Medford) see Fig. 1F of Medford below: PNG media_image3.png 548 663 media_image3.png Greyscale claim 10) a first transfer station (first TS) and a second transfer station (second TS) are arranged at least indirectly next to each other for the vertical transport of the large load carriers of the front high rack (containers can be moved from first TS to second TS using lift 150, see Fig. 1F above; Para. 0071 of Medford), and a third transfer station (third TS) and a fourth transfer station (fourth TS) are arranged at least indirectly next to each other for the vertical transport of the large load carriers of the rear high rack (containers can move between third and fourth TS using lift, Para. 0071, Fig. 1F of Medford above); claim 11) the at least one lift comprises four lifts (150), a first lift and a second lift (second TS) are arranged at least indirectly next to each other for the vertical transport of the large load carriers of the front high rack, and a third lift and a fourth lift are arranged at least indirectly next to each other for the vertical transport of the large load carriers of the rear high rack (see Fig. 1F of Medford below, Para. 0039; 0070); claim 12) the four lifts (150) are arranged to change a position of the large load carriers from one of the first transfer station (first TS) and the second transfer station (second TS) to one of the third transfer station (third TS) and the fourth transfer station (fourth TS), and vice versa (lifts 150 move containers between transfer stations TS between vertical levels as shown in Fig. 1F of Medford above, using lifts 150 shown in Fig. 1F) see lifts shown below: PNG media_image4.png 548 663 media_image4.png Greyscale claim 13) the change of position of the large load carriers is conducted after a change of level (containers move between a higher level and a lower level of storage 130; Para. 0039); claim 14) at each storage level (130), the front lifts (first and second lifts 150) are arranged to change the positions of the large load carriers in a first direction between the transfer stations (TS)(for instance, first and second lifts 150 can move in one direction, such as to remove containers, lifts 150 can also be configured to move in any direction, Medford, Para. 0039, Fig. 1F); claim 15) at each storage level (130L), the rear lifts (third and fourth lifts above) are arranged to change the positions of the large load carriers in a second direction between the transfer stations (TS), the second direction being opposite to the first direction (see Fig. 1F of Medford above, third and fourth lifts can move in a direction to input containers; Para. 0039 of Medford). claim 16) the at least one lift (150) comprises two lifts, a first lift of the two lifts is arranged for the vertical transport of the large load carriers of the front high rack, and a second lift of the two lifts is arranged for the vertical transport of the large load carriers of the rear high rack (Medford, Para. 0071), see Fig. 1F of Medford below: PNG media_image5.png 548 663 media_image5.png Greyscale claim 17) the at least one lift comprises two lifts, and the at least one transfer station comprises four transfer stations, and each lift (150) of the two lifts is arranged between two transfer stations (see Fig. 1F of Medford below). PNG media_image5.png 548 663 media_image5.png Greyscale Traina does not expressly disclose: the at least one sequencing level at a floor level. Traina teaches: the sequencing level is on a floor level (the sequencing level includes output stations 160UT, 160EC) since the input and output stations (160IN, 160UT, 160EC) are locations where inbound goods arrive to the facility on pallets and processed to enter the storage area 130, and where outbound goods are processed to leave storage area 130 for shipment (Para. 0054). The system implies that the input and output stations are located on the floor of the storage system to facility inbound and outbound shipment of goods (Medford 2022/0002081; see Para. 0038; Fig. 1F). See MPEP §2144.01. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Traina so that the sequencing level is on a floor level since the input and output stations are locations where inbound goods arrive to the facility on pallets and where outbound goods are processed to leave storage area 130 for shipment. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pankratov (US 20230162150): Fig. 1, 3A-3B, shows multilevel storage system and bots on storage levels and near transfer stations. Traina (US 2024/0308769): see Fig. 6, 8. Mohanara (US 20240262627): shows sequence areas with racks Brady (US 2022/0097966): see Fig. 4, 8, 10, shows sequence areas with racks. Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOLANDA RENEE CUMBESS whose telephone number is (571)270-5527. The examiner can normally be reached M-F 10-6. 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, Gene Crawford can be reached at 571-272-6911. 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. /YOLANDA R CUMBESS/Primary Examiner, Art Unit 3651
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Prosecution Timeline

Mar 22, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
96%
With Interview (+8.9%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1122 resolved cases by this examiner. Grant probability derived from career allowance rate.

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