Prosecution Insights
Last updated: October 27, 2026
Application No. 18/661,282

Method and Apparatus for Retaining Items on Material Handling Apparatus Delivery Vehicles

Non-Final OA §102§103§112
Filed
May 10, 2024
Priority
May 11, 2023 — provisional 63/465,870
Examiner
JOERGER, KAITLIN S
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
OPEX Corporation
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
1037 granted / 1199 resolved
+34.5% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
23 currently pending
Career history
1223
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
44.0%
+4.0% vs TC avg
§102
40.4%
+0.4% vs TC avg
§112
10.6%
-29.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1199 resolved cases

Office Action

§102 §103 §112
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 Objections Claim 34 objected to because of the following informalities: the colon at the end of line 11 should be replaced with a semicolon. Appropriate correction is required. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “delivery mechanism” in claims 1, 2, 9, 28, 29, 32 33, 34, 35, 41, and 42. “transfer mechanism” in claims 28, 34, and 42 “carrying surface” in claims 1, 28, 34, 35, 36, 42, 43, and 49. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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. Claims 34-41 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 34 recites the limitation "the first and second walls respectively" in line 4. There is insufficient antecedent basis for this limitation in the claim. The claim previously referred to “first and second lateral walls” and “first and second retention walls”. It is unclear which of the walls is being referred to in the phrase “the first and second walls”. 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, 9, 34-38, 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by O’Hern et al. (US 2023/0112778). Regarding claim 1, O’Hern teaches a method for delivering items to a storage assembly, 16 and 18, having a plurality of storage locations, 60 and 60’,comprising the steps of: providing a delivery mechanism, 44, movable along a path encompassing an input station, 12, and a target storage location, 60’, of the plurality of storage locations, 60, see figure 1 and paragraph 0045, wherein the delivery mechanism includes a support defining a carrying surface, 46, dimensioned and arranged to receive an item to be delivered and to support the item, 50, to be delivered as the delivery mechanism moves along the path, a first wall, 47, extending along a first side of the carrying surface, and a second wall, 47, extending along a second side of the carrying surface and opposing the first wall so that a first transfer passage is formed proximate a first end of the support and a second transfer passage is formed proximate a second end of the support, see figures 3A and 3B and paragraph 0050 and 0051, wherein the delivery mechanism further includes a retention assistant, 48, comprising a displaceable wall dimensioned and arranged to extend transversely relative to the first and second walls, the displaceable wall being displaceable between a first position substantially orthogonal to an item support plane defined by the carrying service to thereby prevent an item to be delivered from moving into the first transfer passage and a second position permitting movement of an item to be delivered into and through the first transfer passage, see figures 3A and 3B and paragraphs 0050 and 0051; moving the delivery mechanism with a first item to be delivered along a path to a position proximate a first target storage location, see paragraph 0049; displacing the displaceable wall from the first position to the second position; and transferring the first item from the delivery mechanism to the first storage location after the step of moving the delivery mechanism, see figures 3A and 3B and paragraphs 0049-0050. Regarding claim 2, O’Hern teaches the retention assistant provided during the providing is a first retention assistant, the retention assistant further comprising a second retention assistant including a second displaceable wall dimensioned and arranged to extend transversely relative to the first and second walls, the second displaceable wall being displaceable between a third position substantially orthogonal to the item support plane defined by the carrying service and a fourth position permitting movement of an item to be delivered into and through the second transfer passage, see figures 3A and 3B which show two sets of displaceable walls, 48, spaced apart from each other on the carrying surface, the method further including moving the delivery mechanism with a second item to be delivered along a second path to a position proximate a second target storage location, 60’’; displacing the second displaceable wall from the third position to the fourth position; and transferring the second item from the delivery mechanism to the second target storage location after the step of moving the delivery mechanism, see figures 3A and 3B and paragraphs 0049 through 0051. Regarding claim 9, O’Hern teaches the support of the delivery mechanism includes a conveyor belt, 46, defining the carrying surface and wherein the first and second displaceable walls are cleats, 48, disposed across the conveyor belt at a spacing suffficient to accommodate receipt of an item, 50, from an feed conveyor, 24, and retention of a received item between the first and second cleats during movement of the delivery mechanism, the method further including controlling movement of the feed conveyor, 24, and of the delivery mechanism conveyor, 46, to transfer an item from a surface of the feed conveyor, through the first transfer passage, and onto the carrying surface of the delivery mechanism; controlling movement of the delivery mechanism conveyor so that the transferred item is retained in a retention pocket defined by the first and second walls of the delivery mechanism and surfaces of the first and second cleats, during movement of the delivery mechanism to the first target storage location, see paragraph 0049 through 0051. Regarding claim 34, O’Hern teaches a method for transporting an item upon a carrying surface, 46, of a delivery mechanism, 44, the carrying surface defining a retention zone bounded by first and second lateral walls, 47, and first and second retention assistant walls, 48, wherein the first and second walls, 47, respectively define corresponding lateral wall surfaces disposed transverse to a direction of delivery mechanism travel along a path extending from an input station, 12, to a target storage location, 60’, each of the lateral wall surfaces being oriented to impede lateral movement of an item, 50, out of the retention zone, see figures 3A and 3B and paragraph 0049-0050, wherein the first retention assistant wall, 48, is disposed transverse to the first and second lateral wall surfaces and is displaceable from a first position impeding movement of an item out of the retention zone to a second position enabling movement of an item out of the retention zone and in a first transfer direction, see figures 3A and 3B and paragraphs 0049 through 0050; and wherein the second retention assistant wall, 48, is disposed transverse to the first and second lateral wall surfaces, is spaced apart from the first retention assistant wall, and is one of non-manipulable out of a position impeding movement of an item out of the retention zone or displaceable from a first position impeding movement of an item out of the retention zone to a second position enabling movement of an item out of the retention zone and in a second transfer direction opposite the first transfer direction, see figures 3A and 3B and paragraph 0049 through 0050; the method comprising at the input station, positioning an item within the retention zone and onto the carrying surface of the delivery mechanism, see paragraph 0049 through 0051; while the first and second retention assistant walls are disposed in positions which impede movement of the positioned item out of the retention zone, advancing the delivery mechanism from the input station and along the path while the positioned item is free to move upon the carrying surface and within the boundaries of the retention zone despite changes in at least one of delivery mechanism direction of travel or delivery mechanism rate of trave, see paragraphs 0049 through 0052; from a position proximate a target storage location, 60’ or 60” along the path, displacing the second retention assistant wall from the first position to the second position and operating a transfer mechanism of the delivery mechanism to move the item in the first transfer direction, out of the retention zone, and into the target storage location, see paragraphs 0049 through 0051. Regarding claim 35, O’Hern teaches each path traveled by the delivery mechanism is a vertical loop path which encompasses the input station and a target storage location of a plurality of storage locations, where the path of the delivery mechanism, 44, of O’Hern is understood to travel X-Z direction between to the input station, 12, along the X direction to a column of storage locations and along the Z direction to a particular storage location and then back to the input station 12, thereby forming a loop, wherein the input station includes an feed conveyor, 24, for feeding items, 50, onto the delivery mechanism, 44, and wherein the second retention assistant wall, 48, is a displaceable wall, the method further comprising: returning the delivery mechanism from a prior target storage location to the input station by movement along a first vertical loop path, see paragraph 0049 which discussed moving to and from each storage location; at the input station, operating the feed conveyor to transfer a second item to be delivered onto the carrying surface while the first retention assistant wall is displaced into the second position, see paragraph 0049; displacing the first retention assistant wall into the first position; while each of the first and second retention assistant walls are disposed in a corresponding first position to impede movement of the positioned item out of the retention zone, advancing the delivery mechanism from the input station and along a second vertical loop path to a second target storage location, see paragraph 0049 through 0051; from a position proximate the second target storage location, displacing the second retention assistant wall from the first position of the second retention assistant wall to the second position of the second retention assistant wall, see paragraph 0049 through 0049 and figure 3A through 3B; and operating the transfer mechanism to move the item in the second transfer direction, out of the retention zone, and into the second target storage location, see paragraphs 0049 through 0050. Regarding claim 36, O’Hern teaches the positioning includes placing an item directly onto the carrying surface while the retention zone is defined by the first and second lateral wall and the first and second retention assistant walls, see paragraph 0051. Regarding claim 37, O’Hern teaches the carrying surface is defined by an endless belt, 46, looped around two rollers, 41, and wherein operating the transfer mechanism comprises actuating a motor, 39, to advance the endless belt in at least one of the first transfer direction or the second transfer direction, see paragraph 0050. Regarding claim 38, O’Hern teaches the first and second retention assistant walls are defined by first and second elongated cleats, 48, which are separated from one another by a distance sufficient to form, with the lateral wall surfaces, a retention zone, and wherein displacing the first retention assistant wall into the first position includes actuating the motor to advance the endless belt such that the first and second elongated cleats are upwardly facing and define boundaries of the retention zone transverse to the first and second transfer directions, see paragraph 0049 through 0050 and figures 3A and 3B. Regarding claim 40, O’hern teaches the first and second retention assistant walls define surfaces which are substantially orthogonal to a plane defined by the carrying surface, see figures 3A and 3B. 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) 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’Hern et al. (US 2023/0112778). Regarding claim 39, O’Hern teaches the claimed first and second retention assistant walls, but does not teach that the first and second retention assistant walls define surfaces which extend from the endless belt by a distance of about 0.5 cm to about 3.75 cm. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to set the extension distance of the retention wall to between 0.5 cm to about 3.75 cm in order to enable the walls to easily prevent an object from escaping over the retention walls and falling off the carrying surface while the delivery mechanism was moving, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05. Regarding claim 41, O’Hern teaches the claimed first and second retention assistant walls, but does not teaches the first and second retention assistant walls define surfaces which bound portions of the retention zone and which are disposed in planes that converge relative to one another and form acute angles relative to the carrying surface, as claimed. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to set retention walls at acute angles in order to enable the walls to easily prevent an object from escaping over the retention walls and falling off the carrying surface while the delivery mechanism was moving, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05. Claim(s) 28-33 and 42-49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garrett et al. (US 2019/0160493) in view of O’Hern et al. (US 2023/0112778). Regarding claim 28, Garrett et al. teaches a material handling system, comprising: a plurality of storage locations, 606; an input station, 602; a plurality of delivery mechanisms, 604, explained in more detail as 400 in the reference, each being dimensioned and arranged to receive an item at the input station, 602, and each being movable along a path encompassing the input station and a corresponding target storage location, 606, of the plurality of storage locations, see paragraphs 0023 and 0024; wherein each delivery mechanism includes a transfer mechanism, 406, defining a carrying surface, 405, dimensioned and arranged to receive an item to be delivered from the transfer station and to support the item to be delivered as the delivery mechanism moves along a respective path to a corresponding target storage location, a first wall extending along a first side of the carrying surface, unnumbered wall in figure 4 and paragraph 0058, and a second wall extending along a second side of the carrying surface and opposing the first wall so that a first transfer passage, A, is formed proximate a first end of the support and a second transfer passage, B, is formed proximate a second end of the support, see figure 4 and paragraph 0058, and a motor, 410, controllable to transfer the first item from the carrying surface of the transfer mechanism to the first storage location while the displaceable wall is in the second position. Garrett et al. does not teach the claimed retention assistant. O’hern teaches a material handling system, comprising a plurality of storage locations, 60, an input station, 12, a delivery mechanism, 44, wherein each delivery mechanism includes a transfer mechanism, 46, and a first and second wall, 47. O’Hern further teaches a retention assistant, 48, comprising a displaceable wall dimensioned and arranged to extend transversely relative to the first and second walls, the displaceable wall being displaceable between a first position substantially orthogonal to an item support plane defined by the carrying service to thereby prevent an item to be delivered from moving into the first discharge opening and a second position permitting movement of an item to be delivered into and through the first discharge opening, wherein the displaceable wall is one of displaceable with or displaceable relative to the carrying surface, see figures 3A and 3B and paragraphs 0049 through 0050. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the retention assistant taught by O’Hern with the delivery mechanism of Garrett et al. in order to achieve the predictable result of preventing items from falling off the delivery mechanism during transit from the input station to a selected storage location. Regarding claim 29, O’Hern further teaches the retention assistant of each delivery mechanism is a first retention assistant, the system further comprising a second retention assistant, 48, including a second displaceable wall dimensioned and arranged to extend transversely relative to the first and second walls, the second displaceable wall being displaceable between a third position substantially orthogonal to the item support plane defined by the carrying service and a fourth position permitting movement of an item to be delivered into and through the second transfer passage, see figures 3A and 3B and paragraphs 0049-0051. Regarding claim 30, Garrett et al. teaches each delivery mechanism is a delivery vehicle movable along a corresponding vertical loop path having segments adjacent a discharge area of the feed conveyor and at least a target storage location of the plurality of storage locations, see figure 8 and paragraphs 0023 through 0025. Regarding claim 31, Garrett et al. teaches each delivery vehicle includes a respective motor for driving movement of the delivery vehicle along a corresponding path to a destination, see paragraph 0021. Regarding claim 32, the combination of Garrett et al. and O’Hern teaches the transfer mechanism of each delivery mechanism includes a conveyor belt defining the carrying surface, see paragraph 0025 of Garrett et al., and wherein the first and second displaceable walls are cleats disposed across the conveyor belt at a spacing sufficient to accommodate receipt of an item from a feed conveyor and retention of a received item between the first and second cleats during movement of the delivery mechanism, see figures 3A and 3B and paragraph 0049 through 0051 of O’Hern. Regarding claim 33, O’Hern teaches a first controller configured to control movement of the feed conveyor to initiate transfer an item from a surface of the feed conveyor, through the first transfer passage, and onto the carrying surface of the delivery mechanism conveyor belt, see paragraph 0049. Regarding claim 42, Garrett et al. teaches a material handling system, comprising: a plurality of storage locations, 606; an input station, 602; a plurality of delivery mechanisms, 604, explained in more detail as 400 in the reference, each being dimensioned and arranged to receive an item at the input station, 602, and each being movable along a path encompassing the input station and a corresponding target storage location, 606, of the plurality of storage locations, see paragraphs 0023 and 0024; and a controller for controlling movements of the mobile delivery mechanisms along paths adjacent to the plurality of storage locations, see paragraph 0022; wherein each delivery mechanism includes a transfer mechanism, 406, defining a carrying surface, 405, dimensioned and arranged to receive an item to be delivered from the transfer station and to support the item to be delivered as the delivery mechanism moves along a respective path to a corresponding target storage location, a first lateral wall extending along a first side of the carrying surface, unnumbered wall in figure 4 and paragraph 0058, and a second lateral wall extending along a second side of the carrying surface and opposing the first wall so that a first transfer passage, A, is formed proximate a first end of the support and a second transfer passage, B, is formed proximate a second end of the support, see figure 4 and paragraph 0058, and a motor, 410, controllable to transfer a first item from the carrying surface of the transfer mechanism to the first storage location while the first retention assistant wall is in the second position. Garrett et al. does not teach the claimed retention assistant. O’hern teaches a material handling system, comprising a plurality of storage locations, 60, an input station, 12, a delivery mechanism, 44, wherein each delivery mechanism includes a transfer mechanism, 46, and a first and second wall, 47. O’Hern further teaches a retention assistant comprising a first retention assistant wall and a second retention assistant wall, 48, the first retention assistant wall, 48, being dimensioned and arranged to extend transversely relative to the first and second lateral walls and displaceable between a first position substantially closing the first transfer passage to thereby prevent an item on the carrying surface from moving into and through the first transfer passage and a second position permitting movement of an item to be delivered into and through the first discharge opening, see figures 3A and 3B and paragraphs 0049-0051. and the second retention assistant wall. 48, being disposed transverse to the first and second lateral wall surfaces, spaced apart from the first retention assistant wall, and being one of non-manipulable out of a position impeding movement of an item out of the retention zone or displaceable from a first position substantially closing the second transfer passage to thereby prevent an item on the carrying surface from moving into and through the second transfer passage to a second position, see figures 3A and 3B and paragraphs 0049 through 0051. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the retention assistant taught by O’Hern with the delivery mechanism of Garrett et al. in order to achieve the predictable result of preventing items from falling off the delivery mechanism during transit from the input station to a selected storage location. Regarding claim 43, Garrett et al. teaches each mobile delivery mechanism is a delivery vehicle, wherein the motor of each delivery vehicle is a first motor, 410, and wherein the delivery vehicle further includes a second motor operative to drive the delivery vehicle along a path from the input station to a target delivery location, see paragraph 0021, and the combination of Garrett et al. and O’Hern teach the first and second lateral walls and the retention assistant are dimensioned and arranged such that an item disposed on the carrier surface of the delivery vehicle is free to move upon the carrying surface but is confined to the boundaries of the retention zone despite changes in at least one of delivery vehicle direction of travel or delivery vehicle rate of travel, see figures 3A and 3B and paragraphs 0049 through 0051 of O’Hern. Regarding claim 44, Garrett et al. teaches each path traveled by a delivery vehicle of the plurality of delivery vehicles is a vertical loop path which encompasses a position proximate the input station and a position proximate a target storage location of a plurality of storage locations, and wherein the input station includes an feed conveyor operable to feed items to the delivery mechanism, see figure 8 and paragraphs 0023 thgrough 0025, and O’Hern teaches wherein the second retention assistant wall is displaceable from the first position to a second position permitting movement of an item to be delivered into and through the second transfer passage, and wherein the first motor is further controllable to transfer an item out of the retention zone and into a target storage location while the second retention assistant wall is in the second position, see figures 3A and 3B and paragraphs 0049 through 0051. Regarding claim 45, the combination of Garrett et al. and O’Hern teach the transfer mechanism includes an endless belt looped around a pair of rollers, wherein the retention zone is defined by an upwardly facing surface portion of the endless belt, see figures 3A and 3B of O’Hern and wherein the first motor is controllable to advance the endless belt in at least one of the first transfer direction or the second transfer direction, see paragraph 0025 of Garrett et al. Regarding claim 46, O’Hern teaches the first and second retention assistant walls are defined by first and second elongated cleats which are separated from one another by a distance sufficient to form, with the lateral wall surfaces, an item retention zone, and wherein displacement of the first retention assistant wall into the first position includes actuating the first motor to advance the endless belt such that the first and second elongated cleats are upwardly facing and define boundaries of the retention zone transverse to the first and second transfer directions, see figures 3A and 3B and paragraphs 0049 through 0051. Regarding claim 47, O’Hern teaches the claimed first and second retention assistant walls, but does not teach that the first and second retention assistant walls define surfaces which extend from the endless belt by a distance of about 0.5 cm to about 3.75 cm. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to set the extension distance of the retention wall to between 0.5 cm to about 3.75 cm in order to enable the walls to easily preventing an object from escaping over the retention walls and falling of the carrying surface while the delivery mechanism was moving, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05. Regarding claim 48, O’hern teaches the first and second retention assistant walls define surfaces which are substantially orthogonal to a plane defined by the carrying surface, see figures 3A and 3B. Regarding claim 49, O’Hern teaches the claimed first and second retention assistant walls, but does not teaches the first and second retention assistant walls define surfaces which bound portions of the retention zone and which are disposed in planes that converge relative to one another and form acute angles relative to the carrying surface, as claimed. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to set retention walls at acute angles in order to enable the walls to easily prevent an object from escaping over the retention walls and falling off the carrying surface while the delivery mechanism was moving, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art cited on the PTO-892 and not relied upon are included to show other examples of material handling systems with similar delivery vehicles. US 11,883,851 teaches a storage vehicle with a conveyor belt and movable wall; US 10,850,922 teaches a storage and retrieval system with vehicles that move in a loop to storage location and vehicles with a conveyor belt, US 7,861,844 teaches a storage and retrieval vehicle with conveyor belts that operate in a storage system. 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 15 September 2026
Read full office action

Prosecution Timeline

May 10, 2024
Application Filed
Sep 17, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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2y 10m to grant Granted Oct 20, 2026
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METHOD AND ARRANGEMENT FOR LOADING A DRIVERLESS TRANSPORT VEHICLE FOR INDIVIDUAL PRODUCTS
2y 11m to grant Granted Oct 13, 2026
Patent 12752954
Packaging Machine
2y 11m to grant Granted Oct 06, 2026
Patent 12741832
ROBOT ARM DEVICE AND CARGO UNLOADING AUTOMATION MACHINE HAVING THE SAME
2y 11m to grant Granted Sep 22, 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
86%
Grant Probability
98%
With Interview (+11.2%)
2y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1199 resolved cases by this examiner. Grant probability derived from career allowance rate.

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