Prosecution Insights
Last updated: July 17, 2026
Application No. 18/714,891

STORAGE SYSTEM FOR VERTICAL FARMING AND A METHOD THEREOF

Non-Final OA §103§112
Filed
May 30, 2024
Priority
Dec 21, 2021 — NO 20211565 +1 more
Examiner
ROMANO, ASHLEY K
Art Unit
3652
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
AutoStore Technology A/S
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
389 granted / 495 resolved
+26.6% vs TC avg
Moderate +7% lift
Without
With
+7.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
18 currently pending
Career history
516
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
77.6%
+37.6% vs TC avg
§102
15.0%
-25.0% vs TC avg
§112
4.3%
-35.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 495 resolved cases

Office Action

§103 §112
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 § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 18 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 pre-AIA the applicant regards as the invention. Regarding claim 18, it is unclear if the following limitations previously introduced in claim 17 are introducing new elements or further limiting them: storage containers, an illuminable storage grid, horizontally displaceable container supports, an illuminable container, at least one aperture, a support displacement system, a container handling device, a first location, a second location, a lifting device. 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 of this title, 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. Claims 1-8, 10-13, 17-20 rejected under 35 U.S.C. 103 as being unpatentable over Fagerland (WO 2021/198036), see attached, in view of Lert Jr (US Pub App 2019/0307077), cited by Applicant. Regarding claim 1, Fagerland discloses an automated storage and retrieval system comprising: storage containers (106, Fig.5.); a storage grid (400, Fig.5) comprising: horizontally displaceable (along Y, Fig.5) container supports (401a-k) (page 11, lines 39 – page 12, line 5) each arranged with a vertical offset (delta dV) to an adjacent container support and configured to support a plurality of the storage containers (page 14, lines 32+), wherein the container support has at least one aperture (403a- f) configured to allow passage of at least one of the storage containers therethrough, a support displacement system (700) for displacing at least one of the container supports horizontally; and a container handling device (201, 301) configured to move between a first location above or on the storage grid (Fig.5), and a second location outside the horizontal periphery of the storage grid (Page 18, line 27 – Page 19, line 12), wherein the container handling device (201, 301) comprises a lifting device (304) configured to releasably grab and lift at least one of the storage containers (106) from one of the container supports (401a-k). Fagerland does not further specifically disclose wherein at least one of the container supports is an illuminable container support that is configured to illuminate an area below. Lert Jr teaches a vertical farming system including a storage structure having racks of storage shelves for housing plant-carrying containers wherein the undersides (bottom surface) of storage locations 106 may include LED lights 142 (or other grow lights) over the container positions therebelow to enable plant growth (Fig.6, Para.32). It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Fagerland in view of Lert Jr to have an illuminable container support in order to enable storage of a variety of container types including those containing plant life. Regarding claim 2, Fagerland, as modified above, further discloses wherein the illuminable storage grid comprises: a rail system (408) comprising: a first set of parallel rails (410) extending in a first direction, and a second set of parallel rails (411) extending in a second direction perpendicular to the first direction, the first and second sets of rails forming a grid pattern comprising adjacent grid cells, wherein each grid cell (433) comprises a grid opening (115) defined by a pair of adjacent rails of the first set of rails and a pair of adjacent rails of the second set of rails, and wherein the rail system is arranged above and adjacent to the uppermost horizontally displaceable container support at a first vertical offset, and wherein the container handling device is configured to move horizontally in the first direction (X) and the second direction (Y) on the rail system and to lift the storage container (106) through the grid opening (115) by use of the lifting device (304). Regarding claim 3, Fagerland, as modified above, further discloses wherein each container support (401a-k) is individually displaceable a distance corresponding to the distance of n grid cells (422) in the first and/or second direction, where n is an integer of 1 or more (see claim 13). Regarding claim 4, Fagerland, as modified above, further discloses wherein the system comprises: a stack (107) of storage containers located outside the horizontal periphery of the illuminable storage grid, and wherein the second location is above the stack (see claim 16). Regarding claim 5, Fagerland, as modified above, further discloses wherein the system comprises: a stack (107) of storage containers located outside the horizontal periphery of the illuminable storage grid, and wherein the second location is above the stack, wherein the height of the stack is lower than the height of the rail system (408), and wherein the rail system extends above the stack (see claim 16). Regarding claim 6, Fagerland, as modified above, further teaches wherein the at least one illuminable container support comprises: a container support frame (Fagerland, Fig.5; Lert Jr, Fig.6), and a plurality of illumination units supported within the container support frame onto each of which a storage container may be supported (Lert Jr, Fig.6), wherein each illumination unit comprises an illumination source (Lert Jr, Para.32). Regarding claim 7, Fagerland, as modified above, further teaches wherein each illumination unit is supported by the container support frame so as to be removed by the container handling device (Lert Jr, Fig.6). Regarding claim 8, Fagerland, as modified above, further teaches wherein each illumination unit comprises an illumination unit frame having a lower face at which the illumination source is arranged (Lert Jr, Fig.6). Regarding claim 10, Fagerland, as modified above, further discloses wherein the illumination unit comprises a power connector configured for receiving power from an illumination power supply and for supplying the received power to the illumination source (Lert Jr, Para.36, 38). Regarding claim 11, Fagerland, as modified above, further discloses wherein each horizontally displaceable container support (401) has principal directions in a first direction (X) and an orthogonal second direction (Y), and is configured as a matrix of container spaces with a plurality of container spaces arranged in the first direction and a plurality of container spaces arranged in the second direction, and wherein an illumination unit is positioned in each container space to support a storage container (Lert Jr, Fig.6). Regarding claim 12, Fagerland, as modified above, further discloses wherein each horizontally displaceable container support displays a plurality of apertures (403a-f) configured to allow passage of at least one of the storage containers therethrough. Regarding claim 13, Fagerland, as modified above, further discloses wherein the support displacement system comprises: a displacement mechanism (700) allowing displacement of one or more of the container supports in at least one principal direction (Y), and a remotely controlled motor (701) operably coupled to the displacement mechanism. Regarding claim 17, Fagerland, as modified above, discloses a method for storing and retrieving storage containers with crops for cultivation from a storage grid of an automated storage and retrieval system comprising: storage containers (106); a storage grid (400) comprising: horizontally displaceable container supports (401a-k) (page 11, lines 39 – page 12, line 5) each arranged with a vertical offset to an adjacent container support and configured to support a plurality of the storage containers (106), and wherein the container support has at least one aperture (403a-f) configured to allow passage of at least one of the storage containers therethrough, a support displacement system (700) for displacing at least one of the container supports horizontally; and a container handling device (201, 301) configured to move between a first location above or on the storage grid (Fig.5), and a second location outside the horizontal periphery of the storage grid (Page 18, line 27 – Page 19, line 12), wherein the container handling device (201, 301) comprises a lifting device (304) configured to releasably grab and lift at least one of the storage containers (106) from one of the container supports (401a-k), wherein the method comprises: A. moving the container handling device(201, 301) to the first location where its lifting device (304) is positioned in vertical alignment above either a target storage container (106) supported on the uppermost container support or, if the target storage container is situated on one of the container supports beneath the uppermost container support, an aperture (403’) of the uppermost container support located horizontally closest to the target storage container (106), B. if the target storage container (106) is not positioned in vertical alignment below the aperture (403’) of the uppermost container support and below apertures of any container support(s) arranged there between, displacing the container supports (402a) such that the target storage container is in vertical alignment below the aperture of the uppermost container support (401) and apertures of any container supports arranged between the container support supporting the target storage container and the uppermost container suppor (401)t, C. lowering, grabbing and lifting the target storage container (106) by use of the lifting device (304), and D. moving the container handling device (201, 301) with the target storage container (106) to the second location (see claim 18). Fagerland does not further specifically disclose wherein at least one of the container supports is an illuminable container support that is configured to illuminate an area below. Lert Jr teaches a vertical farming system including a storage structure having racks of storage shelves for housing plant-carrying containers wherein the undersides (bottom surface) of storage locations 106 may include LED lights 142 (or other grow lights) over the container positions therebelow to enable plant growth (Fig.6, Para.32). It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Fagerland in view of Lert Jr to have an illuminable container support in order to enable storage of a variety of container types including those containing plant life. Regarding claim 18, Fagerland, as modified above, further discloses the automated storage and retrieval system comprises: storage containers (106) (see 112 rejection, above); an illuminable storage grid (400) comprising: horizontally displaceable container supports (401a-k) (page 11, lines 39 – page 12, line 5) each arranged with a vertical offset to an adjacent container support and configured to support a plurality of the storage containers (106), wherein at least one of the container supports (401a-k) is an illuminable container support that is configured to illuminate an area below, and wherein the illuminable container support has at least one aperture (403a-f) configured to allow passage of at least one of the storage containers therethrough, a support displacement system (700) for displacing at least one of the container supports horizontally; and a container handling device (201, 301) configured to move between a first location above or on the illuminable storage grid (Fig.5), and a second location outside the horizontal periphery of the illuminable storage grid Page 18, line 27 – Page 19, line 12), wherein the container handling device (201, 301) comprises a lifting device (304) configured to releasably grab and lift at least one of the storage containers from one of the container supports (401a-k), and wherein the method comprises: moving the container handling device (201, 301) with the target storage container (106) along the rail system (410, 411) to the second location directly above the stack (107) and storing the target storage container on top of the stack (Page 19, lines 10-17 and Figs.7, 14). Regarding claim 19, Fagerland, as modified above, further discloses wherein B involves equal displacements (Fig.5) of the at least one container support arranged above the container support containing the target storage container (106). Claim 9 rejected under 35 U.S.C. 103 as being unpatentable over Fagerland (WO 2021/198036) in view of Lert Jr (US Pub App 2019/0307077), as applied above, and further in view of Khalifa (US Pub App 2021/0063007). Regarding claim 9, Fagerland, as modified above, does not further specifically disclose wherein each illumination unit comprises a grippable (capable of) structure configured to allow a releasable coupling with the lifting device. Khalifa teaches a water-cooled grow light apparatus comprising a housing comprising coupling sites for attaching the grow light apparatus to an elevated structure (Para.26, claim 11). It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Fagerland in view of Khalifa to have each illumination unit comprises a structure configured to allow a releasable coupling with the lifting device in order to more easily provide maintenance. Claims 14-16 rejected under 35 U.S.C. 103 as being unpatentable over Fagerland (WO 2021/198036) in view of Lert Jr (US Pub App 2019/0307077), as applied above, and further in view of Adams et al (US 11,064,660). Regarding claim 14, Fagerland, as modified above, does not further specifically disclose wherein the illuminable storage grid comprises a ventilation system for guiding flow of air in between the plurality of container supports. Adams teaches an apparatus for growing vegetation with dividers to separate spaces wherein a series of fans for maintaining fresh air flow, filtering air to remove impurities and odor, and for ventilating heat (Col.4, lines 14+). It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Fagerland in view of Adams to have a ventilation system in order to cool the system and offset the heat-inducing effect of lights. Regarding claim 15, Fagerland, as modified above, further teaches wherein the ventilation system comprises a plurality of ventilation fans arranged at least partly within the vertical offsets between the container supports (Adams, Fig.8). Regarding claim 16, Fagerland, as modified above, does not further specifically disclose wherein each storage container comprises vertical side walls displaying one or more openings. Adams teaches an apparatus for growing vegetation with dividers to separate spaces wherein a series of fans for maintaining fresh air flow, filtering air to remove impurities and odor, and for ventilating heat (Col.4, lines 14+) further having ventilation slots in vertical side walls (Fig.15). It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Fagerland in view of Adams to have vertical side walls displaying one or more openings in order to cool the system and offset the heat-inducing effect of lights. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wardenburg, Baras, Lee, Krijn, Van de Sluis further disclose elements of an automated storage and retrieval system. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY K ROMANO whose telephone number is (571)272-9318. The examiner can normally be reached Monday - Friday. 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, Saul Rodriguez can be reached on 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652 /ASHLEY K ROMANO/Examiner, Art Unit 3652
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Prosecution Timeline

May 30, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
86%
With Interview (+7.4%)
2y 6m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 495 resolved cases by this examiner. Grant probability derived from career allowance rate.

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