DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the AIA first to invent provisions. 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 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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hadzic et al. (WO 2023115089 A1; “Hadzic”).
Hadzic discloses:
Regarding claim 1:
An automated warehouse (pg. 14, “rack storage system” that uses “automated transport vehicles 6”), comprising:
a storage shelf (2a, 2b; FIG. 1b) configured to store a plurality of articles (16; FIG. 1c);
a stacker crane (6; p. 14, “The automated transport vehicle 6 is, for example a single-level stacker crane”; pg. 6, “multi-level stacker crane”) configured to transport the articles (p. 18, “In automatic mode, the one transport vehicle 6 or several transport vehicles 6 is controlled by the central control unit 46 in such a way that the transport vehicle 6 moves along the aisle 3 to the shelf locations 15 and the load 16 (to be stored) is transferred to the shelf locations 15 or (to be retrieved) Cargo 16 transferred from the shelf locations (15)”); and
a maintenance facility (4a, 4b, 4c; FIG. 3a) in which maintenance of the stacker crane is performed (p. 6, “multi-level stacker cranes arranged in a maintenance aisle”), and wherein: the stacker crane comprises:
a travel wagon (24) configured to travel along a travel path set along the storage shelf (pg. 15, “The transport vehicle 6, as can be seen in Fig. 1a, 3c, comprises a base frame 24, a transfer device 25 for transferring cargo 16 between a shelf space 15 and the transport vehicle 6, running wheels 26, a travel drive 27, which is coupled to at least one running wheel 26 , at least one guide unit, a transfer drive 28 for driving the transfer device 25 and an electronic controller 29.The wheels 26 are rotatably mounted on the base frame 24. The at least one guide unit is mounted on the base frame 24 and comprises on both sides of the second guide 23 and on the second guide 23 on guide sections facing away from each other guide wheels 30 that can be rolled in order to guide the transport vehicle 6 along the guide track 5b during the travel movement. The first running wheels 26 on a first side of the vehicle rest on the first guide 22 of a first guideway 5a and the second running wheels 26 on a second side of the vehicle rest on the first guide 22 of a second guide rail 5b so that they can roll.”);
a mast provided on the travel wagon in such a manner as to stand along an up-down direction (p. 6, “multi-level stacker crane”; the term “multi-level” here indicates that the stacker crane has a portion that extends in the up-down direction to account for the multiple levels i.e. a mast; see also FIG. 2a-2b which reasonably depicts/discloses vertical displacement of articles which thereby indicates that the stacker crane extends in the up-down direction to account for the multiple levels); and
a lifting and lowering body (p. 6, “multi-level stacker crane”; the term “multi-level” here indicates that the stacker crane has a portion that handles the article in the up down direction i.e. a lifting and lowering body; see also FIG. 2a-2b which reasonably depicts/discloses vertical displacement of articles which thereby indicates a lifting lowering body) configured to support a transfer device (25) for holding and transferring the articles and to lift and lower along the mast (pg. 6, “multi-level stacker crane”; the stacker crane has a portion that handles the article in the up down direction i.e. a lifting and lowering body responsible for handling articles along the mast, e.g. see ability to lift/lower articles in motion illustrated between FIG. 2a-2b),
the maintenance facility is disposed at a position not overlapping with the storage shelf as viewed vertically (FIG. 3a depicts the maintenance facility 4a, 4b, 4c disposed laterally relative to the storage shelf 2b i.e. not overlapping) and configured to store at least part of the stacker crane while the stacker crane is at a maintenance position set on the travel path (depicted in FIG. 1c, 3a), the maintenance facility comprises a plurality of work stages arranged in the up-down direction (11-11c; FIG. 3a),
the plurality of work stages is disposed above the travel wagon and comprises a first level stage (11; FIG. 3a; see specifically the platform/stage floor as the ground in FIG. 3a) and at least one upper level stage (11a-11c in FIG. 3a; see platforms/stage floors 10a-10c in FIG. 3a) disposed above the first level stage, the first level stage and the at least one upper level stage each comprise: a mast penetration portion (4a, 4b, 4c in FIG. 3a) through which the mast of the stacker crane at the maintenance position passes in the up-down direction (p. 6, “multi-level stacker cranes arranged in a maintenance aisle”; the term “multi-level” indicating a mast that passes in the up/down direction through the vertical stages i.e. mast penetration portions for each stage), and
a stage scaffold provided in a region other than the mast penetration portion (FIG. 1c depicts a stage scaffold at 60, 57 that are both offset from the mast penetration region in the vicinity of the lifting device 55) and functioning as a scaffold for an operator (depicted in FIG. 3a-b), the maintenance facility comprises: a first level ladder (62, FIG. 3a-3b; see also ladder at reference number “11a, 11b, 11c” in FIG. 6a) as a ladder for the operator to reach the first level stage from a floor face (p. 17, “the vertical walkway sections 11a, 11b, 11c are each designed as a ladder”; see FIG. 3a, FIG. 6a), the first level ladder disposed outwardly from the first level stage as viewed vertically (p. 17, “the vertical walkway sections 11a, 11b, 11c are each designed as a ladder”; see FIG. 3a; see also ladder at reference number “11a, 11b, 11c” in FIG. 6a, the ladder facing away from the center of the stage/platform i.e. outward), and at least one upper level ladder as a ladder for the operator to reach the at least one upper level stage from the first level stage (p. 17, “the vertical walkway sections 11a, 11b, 11c are each designed as a ladder”; see FIG. 3a; see also upper ladder in FIG. 9), the at least one upper level ladder disposed at a position overlapping with the first level stage as viewed vertically (depicted in FIG. 1c, 3a; FIG. 9 depicts the upper ladder overlapping i.e. in the middle of the stage floor/platform i.e. overlapping with the first level), the at least one upper level stage comprises a passage penetration portion (70; FIG. 1c) passing through the at least one upper level stage in the up-down direction such that the operator passes through the passage penetration portion in the up-down direction by use of the at least one upper level ladder (p. 17, “In particular, each pedestrian passage 9a, 9b, 9c and associated with the passage 70 includes an access door 71, which between an open position in which an operator 41 can access the maintenance passage 4a, 4b, 4c and/or leave the maintenance passage 4a, 4b, 4c is made possible, and a closed position in which an operator 41 is prevented from accessing the maintenance aisle 4a, 4b, 4c and/or leaving the maintenance aisle 4a, 4b, 4c. 3a shows an open position of the access door 71, for example in the upper maintenance aisle 4c, and a closed position of the access door 71, for example in the lower and middle maintenance aisle 4a, 4b. A passage 9a, 9b, 9c can be passed through when the access door 71 is in the open position, so that an operator 41 can walk”; FIG. 2e), the passage penetration portion is disposed at a position overlapping with the stage scaffold of the first level stage as viewed vertically (depicted in FIG. 1c, 2e, 3a)
Regarding claim 2:
The automated warehouse according to claim 1, wherein: the at least one upper level stage comprises an openable and closable scaffold (71; p. 17, “In particular, each pedestrian passage 9a, 9b, 9c and associated with the passage 70 includes an access door 71, which between an open position in which an operator 41 can access the maintenance passage 4a, 4b, 4c and/or leave the maintenance passage 4a, 4b, 4c is made possible, and a closed position in which an operator 41 is prevented from accessing the maintenance aisle 4a, 4b, 4c and/or leaving the maintenance aisle 4a, 4b, 4c. 3a shows an open position of the access door 71, for example in the upper maintenance aisle 4c, and a closed position of the access door 71, for example in the lower and middle maintenance aisle 4a, 4b. A passage 9a, 9b, 9c can be passed through when the access door 71 is in the open position, so that an operator 41 can walk”) as part of the stage scaffold, and the openable and closable scaffold is changeable between a closed state in which the passage penetration portion is blocked to allow the openable and closable scaffold to function as the stage scaffold and an open state in which the passage penetration portion is open to allow the operator to pass through the passage penetration portion (p. 17, “In particular, each pedestrian passage 9a, 9b, 9c and associated with the passage 70 includes an access door 71, which between an open position in which an operator 41 can access the maintenance passage 4a, 4b, 4c and/or leave the maintenance passage 4a, 4b, 4c is made possible, and a closed position in which an operator 41 is prevented from accessing the maintenance aisle 4a, 4b, 4c and/or leaving the maintenance aisle 4a, 4b, 4c. 3a shows an open position of the access door 71, for example in the upper maintenance aisle 4c, and a closed position of the access door 71, for example in the lower and middle maintenance aisle 4a, 4b. A passage 9a, 9b, 9c can be passed through when the access door 71 is in the open position, so that an operator 41 can walk”).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hadzic in view of Tatge et al. (U.S. P.G. Publication No. 2003/0178253 A1; “Tatge”).
Hadzic discloses:
Regarding claim 3:
The automated warehouse according to claim 2, wherein: the maintenance facility comprises a support frame disposed around an outer periphery of each of the plurality of work stages in such a manner as to support the each of the plurality of work stages (see perimeter in FIG. 1c, 2e), and the at least one upper level ladder is attachable to the plurality of work stages and is attachable to the support frame (depicted in FIG. 1c, 3a-3b; p. 17, “The ascent and/or descent unit 8 comprises a plurality of vertical walkway sections 11a, 11b, 11c, which connect the horizontal walkway sections 10a, 10b, 10c. According to the embodiment shown, the vertical walkway sections 11a, 11b, 11ceach comprise a step segment 62. In particular, the vertical walkway sections 11a, 11b, 11c are each designed as a ladder. The vertical walkway sections 11a, 11b, 11c, in particular the step segment 62, are preferably arranged in a stationary manner”).
However, Hadzic does not expressly disclose that the ladder is detachable.
Tatge teaches a detachable ladder (48; ¶ 35, “releasable”) as a part of a modular configuration that provides for more versatility (¶ 29).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, Hadzic such that the ladder is detachable, as taught by Tatge, as a part of a modular configuration that provides for more versatility.
Allowable Subject Matter
Claims 4-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Response to Arguments
Applicant's arguments filed 8/13/2026 have been fully considered but they are not persuasive.
Applicant argues that Hadzic’s “multi-level stacker crane” does not disclose that articles can be lifted and lowered along a mast; and that the first level stage and at least one upper level includes penetration portion. Remarks at 5-6. In response, the Examiner respectfully disagrees. Hadzic discloses a mast provided on the travel wagon in such a manner as to stand along an up-down direction (p. 6, “multi-level stacker crane”; the term “multi-level” here indicates that the stacker crane has a portion that extends in the up-down direction to account for the multiple levels i.e. a mast; see also FIG. 2a-2b which reasonably depicts/discloses vertical displacement of articles which thereby indicates that the stacker crane extends in the up-down direction to account for the multiple levels); and a lifting and lowering body (p. 6, “multi-level stacker crane”; the term “multi-level” here indicates that the stacker crane has a portion that handles the article in the up down direction i.e. a lifting and lowering body; see also FIG. 2a-2b which reasonably depicts/discloses vertical displacement of articles which thereby indicates a lifting lowering body) configured to support a transfer device (25) for holding and transferring the articles and to lift and lower along the mast (pg. 6, “multi-level stacker crane”; the stacker crane has a portion that handles the article in the up down direction i.e. a lifting and lowering body responsible for handling articles along the mast, e.g. see ability to lift/lower articles in motion illustrated between FIG. 2a-2b). Further, Hadzic discloses a mast penetration portion (4a, 4b, 4c in FIG. 3a) through which the mast of the stacker crane at the maintenance position passes in the up-down direction (p. 6, “multi-level stacker cranes arranged in a maintenance aisle”; the term “multi-level” indicating a mast that passes in the up/down direction through the vertical stages i.e. mast penetration portions for each stage). As such, Applicant’s argument is not deemed as persuasive.
Applicant argues that Hadzic does not discloses “work stages.” Remarks at 6. In response, the Examiner respectfully disagrees. Hadzic discloses the plurality of work stages is disposed above the travel wagon and comprises a first level stage (11; FIG. 3a; see specifically the platform/stage floor as the ground in FIG. 3a) and at least one upper level stage (11a-11c in FIG. 3a; see actual platforms/stage floors 10a-10c in FIG. 3a) disposed above the first level stage. As such, Applicant’s argument is not deemed as persuasive.
Applicant argues that Hadzic does not disclose the first level ladder and upper level ladder as claimed. Remarks at 6-7. In response, the Examiner respectfully disagrees. Hadzic discloses a first level ladder (62, FIG. 3a-3b; see also ladder at reference number “11a, 11b, 11c” in FIG. 6a) as a ladder for the operator to reach the first level stage from a floor face (p. 17, “the vertical walkway sections 11a, 11b, 11c are each designed as a ladder”; see FIG. 3a, FIG. 6a), the first level ladder disposed outwardly from the first level stage as viewed vertically (p. 17, “the vertical walkway sections 11a, 11b, 11c are each designed as a ladder”; see FIG. 3a; see also ladder at reference number “11a, 11b, 11c” in FIG. 6a, the ladder facing away from the center of the stage/platform i.e. outward), and at least one upper level ladder as a ladder for the operator to reach the at least one upper level stage from the first level stage (p. 17, “the vertical walkway sections 11a, 11b, 11c are each designed as a ladder”; see FIG. 3a; see also upper ladder in FIG. 9), the at least one upper level ladder disposed at a position overlapping with the first level stage as viewed vertically (depicted in FIG. 1c, 3a; FIG. 9 depicts the upper ladder overlapping i.e. in the middle of the stage floor/platform i.e. overlapping with the first level). As such, Applicant’s argument is not deemed as persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL D YABUT whose telephone number is (571)270-5526. The examiner can normally be reached on Monday through Friday from 9:00 AM to 5:00 PM.
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 John Olszewski can be reached on (571) 272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL D YABUT/Primary Examiner, Art Unit 3656
Prosecution Insights