Prosecution Insights
Last updated: July 17, 2026
Application No. 18/715,523

PORT MAGAZINE

Non-Final OA §102§103§112
Filed
May 31, 2024
Priority
Dec 14, 2021 — NO 20211507 +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

§102 §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. Claims 1-13 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 1, it is unclear if “at least one container handling vehicle” introduced in line 12 is the same as “a container handling vehicle” previously introduced in line 4, or if a new element is being introduced. Regarding claim 5, it is unclear if “the belt is provided with a plurality of shelves” is required since the belt is optional, see previously in claim: “a belt or chain”. This also applies to dependent claim 6. Claim 7 recites the limitation "the blocks are each hinged at least in one place". There is insufficient antecedent basis for this limitation in the claim. It is unclear what is being claimed and does not allow the examiner to clearly differentiate the claim from the prior art. Claim 8 recites the limitation " the belt or belts". There is insufficient antecedent basis for this limitation in the claim. It is unclear what is being claimed and what element this is limiting. The claim is interpreted as best as possible for the purpose of examination. This also applies to dependent claim 9. Claim 9 recites the limitation "the correct place". There is insufficient antecedent basis for this limitation in the claim. It is unclear what is being claimed and what element this is limiting. The claim is interpreted as best as possible for the purpose of examination. Claim 10 recites the limitation " the out position". There is insufficient antecedent basis for this limitation in the claim. It is unclear what is being claimed and what element this is limiting. The claim is interpreted as best as possible for the purpose of examination. Regarding claim 11, it is unclear if “at least one container handling vehicle” introduced in line 12 is the same as “a container handling vehicle” previously introduced in line 5, or if a new element is being introduced. Regarding claim 12, it is unclear if “at least one container handling vehicle” introduced in line 19 is the same as “a container handling vehicle” previously introduced in line 4, or if a new element is being introduced. Claim Rejections - 35 USC § 102 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. Claims 1-6, 8, 11-13 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fjeldheim (WO 2018/069282), cited by Applicant. Regarding claim 1, Fjeldheim discloses buffer system for a station of a storage and retrieval system, wherein the storage and retrieval system comprises a framework structure which includes a rail system comprising a first set of parallel rails (10) arranged to guide movement of a container handling vehicle (40) in a first direction across the top of the framework structure (abstract), and a second set of parallel rails arranged perpendicular to the first set of rails to guide movement of the container handling vehicle in a second direction which is perpendicular to the first direction (10), the first and second sets of parallel rails dividing the rail system into a plurality of grid cells (10), the framework structure comprising upright members defining storage columns (80) for storing containers within the framework structure, wherein the storage and retrieval system comprises at least one container handling vehicle (40) configured to operate on the rail system, wherein the buffer system has at least two automated lifts (2, 3) for delivering containers to and from the station, wherein a first lift (2) is for delivering containers to the station that have been delivered from the framework structure by a container handling vehicle and a second lift (3) is for delivering containers from the station to the framework structure of the storage and retrieval system using a container handling vehicle (Pg.7, lines 8-28), and wherein the speed of the first and the second lifts in the buffer system is controlled with the effect that when one container is finished at the station another is delivered to the station (Fig.3A-A, 5B). Regarding claim 2, Fjeldheim further discloses wherein the operator at the station controls when a container is ready for delivering back into the framework structure of the storage and retrieval system (Pg.7, lines 8+). Regarding claim 3, Fjeldheim further discloses wherein each automated lift for delivering containers to and from the station can have up to 10 storage containers each (Fig.2). Regarding claim 4, Fjeldheim further discloses wherein each automated lift for delivering containers to and from the station preferably (optional) has 1-4 containers (Fig.2). Regarding claim 5, Fjeldheim further discloses wherein the first and second lift in the buffer system each comprise a belt or chain (Pg.3, lines 10+) in the form of a loop and the belt is provided with a plurality of shelves (optional) (conveyor, Pg.3, lines 9+). Regarding claim 6, Fjeldheim further discloses wherein each shelf is in the form of a block (optional, see claim 5 above) (conveyor, Pg.3, lines 9+). Regarding claim 8, Fjeldheim further discloses wherein the containers are held in place in the first and/or second lift by the belt or belts (Pg.3, lines 10+) being pushed towards a side of the respective container (see 112). Regarding claim 11, Fjeldheim discloses a storage and retrieval system comprising a framework structure, a container handling vehicle, a station, and a buffer system for delivering containers to and from the station (Figs.1-2), wherein the storage and retrieval system comprises a framework structure which includes a rail system comprising a first set of parallel rails (10) arranged to guide movement of a container handling vehicle (40) in a first direction across the top of the framework structure (abstract), and a second set of parallel rails arranged perpendicular to the first set of rails to guide movement of the container handling vehicle in a second direction which is perpendicular to the first direction (10), the first and second sets of parallel rails dividing the rail system into a plurality of grid cells (10), the framework structure comprising upright members defining storage columns (80) for storing containers within the framework structure, wherein the storage and retrieval system comprises at least one container handling vehicle (40) configured to operate on the rail system, wherein the buffer system has at least two automated lifts (2, 3) for delivering containers to and from the station, wherein a first lift (2) is for delivering containers to the station that have been delivered from the framework structure by a container handling vehicle and a second lift (3) is for delivering containers from the station to the framework structure of the storage and retrieval system using a container handling vehicle (Pg.7, lines 8-28), and wherein the speed of the first and the second lifts in the buffer system is controlled with the effect that when one container is finished at the station another is delivered to the station (Fig.3A-A, 5B). Regarding claim 12, Fjeldheim discloses a method of using a buffer system at a station of a storage and retrieval system, wherein the storage and retrieval system comprises a framework structure which includes a rail system comprising a first set of parallel rails (10) arranged to guide movement of a container handling vehicle (40) in a first direction across the top of the framework structure (abstract), and a second set of parallel rails arranged perpendicular to the first set of rails to guide movement of the container handling vehicle in a second direction which is perpendicular to the first direction (10), the first and second sets of parallel rails dividing the rail system into a plurality of grid cells (10), the framework structure comprising upright members defining storage columns (80) for storing containers within the framework structure, wherein the buffer system has at least two automated lifts (2, 3) for delivering containers to and from the station, wherein a first lift (2) is for delivering containers to the station that have been delivered from the framework structure by a container handling vehicle and a second lift (3) is for delivering containers from the station to the framework structure of the storage and retrieval system using a container handling vehicle (Pg.7, lines 8-28), and wherein the speed of the first and the second lifts in the buffer system is controlled with the effect that when one container is finished at the station another is delivered to the station (Fig.3A-A, 5B), wherein the storage and retrieval system comprises at least one container handling vehicle configured to operate on the rail system, wherein the method includes: picking up a first container from the framework structure of the storage and retrieval system using a container handling vehicle (abstract), loading the first container into a first lift of the buffer system that delivers containers to the station (abstract), transporting the first container to the station using the first lift of the buffer system (abstract), picking the required items from the first container at the station (abstract), transporting the first container into a second lift of the buffer system that delivers containers back into the framework structure of the storage and retrieval system (abstract), delivering a new, second container for picking from the first lift of the buffer system to the station (abstract), and delivering the second container back into the framework structure of the storage and retrieval system using a container handling vehicle when the second container is at the top of the second lift of the buffer system (abstract). Regarding claim 13, Fjeldheim further discloses wherein when one container is transported out of the station to the second lift of the buffer system, another container is transported into the station by the first lift of the buffer system (Fig.3A-A, 5B). 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 7 and 9 rejected under 35 U.S.C. 103 as being unpatentable over Fjeldheim (WO 2018/069282) in view of Wolkerstorfer (WO 2013/006879), cited by Applicant (see translation attached). Regarding claim 7, Fjeldheim does not further specifically disclose wherein the blocks are each hinged at least in one place (see 112 rejection above, unclear what is being claimed). Wolkerstorfer teaches a rack storage system having a conveyor vehicle for transporting goods to be stored wherein support frame 29 are each attached via a hinge connection to a traction means, such as a chain, a belt and the like so that the support frame 29 are always kept in a horizontal position during their movement (Pg.6, Para.5 of translation). It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Fjeldheim in view of Wolkerstorfer to have the blocks each be hinged at least in one place in order to allow for more compact assembly. Regarding claim 9, Fjeldheim does not further specifically disclose outer belts at a pick-up point and/or delivering point for a container in the first lift or the second lift is/are hinged in order to allow the containers to enter or exit the lift at the correct place (see 112). Wolkerstorfer teaches a rack storage system having a conveyor vehicle for transporting goods to be stored wherein support frame 29 are each attached via a hinge connection to a traction means, such as a chain, a belt and the like so that the support frame 29 are always kept in a horizontal position during their movement (Pg.6, Para.5 of translation). It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Fjeldheim in view of Wolkerstorfer to have outer belts at a pick-up point and/or delivering point for a container in the first lift or the second lift is/are hinged in order to allow the containers to enter or exit the lift at the correct place in order to allow for more compact assembly. Claim 10 rejected under 35 U.S.C. 103 as being unpatentable over Fjeldheim (WO 2018/069282) in view of Ogawa et al (US Pub App 2020/0061586), cited by Applicant. Regarding claim 10, Fjeldheim does not further specifically disclose a container is held in place in the first lift or the second lift by a mechanical guide that guides spring loaded shelves into the out position (see 112). Ogawa teaches a raising/lowering conveyance device for a container for conveying an article wherein springs biasing the container support pins in a protruding direction are compressed (abstract and Para.3). It would have been obvious to one of ordinary skill in the art at the time the application was filed to have modified Fjeldheim in view of Ogawa to have a container be held in place in the first lift or the second lift by a mechanical guide that guides spring loaded shelves into the out position in order to better secure a container. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cogley, Austreim and Mayadeen further disclose elements of an automated lift. 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 31, 2024
Application Filed
Jun 29, 2026
Non-Final Rejection mailed — §102, §103, §112 (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
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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