Prosecution Insights
Last updated: July 17, 2026
Application No. 18/771,962

TOTE HANDLING FOR CHILLED OR FROZEN GOODS

Non-Final OA §103
Filed
Jul 12, 2024
Priority
Aug 30, 2018 — provisional 62/725,102 +2 more
Examiner
CUMBESS, YOLANDA RENEE
Art Unit
Tech Center
Assignee
Symbotic LLC
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
977 granted / 1122 resolved
+27.1% vs TC avg
Moderate +9% lift
Without
With
+8.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
34 currently pending
Career history
1148
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
66.3%
+26.3% vs TC avg
§102
7.7%
-32.3% vs TC avg
§112
23.5%
-16.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1122 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Objections Claim 14 is objected to because of the following informalities: In line 2, it appears “of” should be after “temperatures”. Appropriate correction is required. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 2-3, 14, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dwarakanath et al (US Patent No. 9,533,828) in view of Hoffman et al (US PG. Pub. 2012/0143427). Relative to claims 2-3, 14, and 17-20, Dwarakanath discloses: claim 2) An automated order fulfillment system (10)(Fig. 1) for storing and transferring containers (see various containers, 30, 34, 40)(Fig. 1) including eaches (32)(Fig. 1), the automated order fulfillment system comprising: a container storage structure having a plurality of groups of storage locations (see groups 72, 74, and 76 of containers 30 on floor of environment for storing items, Fig. 6), two or more of the plurality of groups of storage locations configured to store containers including eaches at different temperatures (zones 72, 74, and 76 store containers at ambient, cool, and frozen temperatures; Col. 25, lines 12-25)(Fig. 6); a plurality of insulated portions each fixed to the container storage structure defining a space and at least partially surround ones of the plurality of groups of storage locations (barriers or walls separate the zones to maintain temperatures within the interior of the zone, and prevent air flow from the respective zone such that the zones are insulated, the walls or barriers are fixed to the storage environment; Col. 25, lines 45-48); and autonomous robotic vehicles (20)(Fig. 1) configured to maneuver the autonomous robotic vehicles to and from at least one workstation for the transfer of items to and from the containers on the autonomous robotic vehicles at the at least one workstation (drive units move between storage areas and stations, 54, 56, 58)(Col. 20, lines 20-21; Col. 23, lines 43-45)(Fig. 6), and maneuver the autonomous robotic vehicles (20) to and from the plurality of groups of storage locations (Col. 26, lines 30-34); claim 3) the different temperatures comprise at least two of an ambient temperature, a chilled temperature, and a frozen temperature (zones 72, 74, 76 may be ambient, chilled, frozen; Col. 25, lines 12-25); claim 14) an environmental control system configured to separately regulate the temperatures of a plurality of volumes within a space defined in the plurality of insulated portions (the environmental control system is included but is not expressly shown, the control system separately regulates the temperature of the zones comprising the cooler and freezers, as shown in Fig. 6, Col. 2, lines 25-35; space may be insulated zones 74, 76, each of which comprises multiple groups or rows of containers, 30, i.e., volumes, Col. 4, lines 63-65, Fig. 9; Col. 25, lines 11-25); claim 17) the plurality of insulated portions each surround an automated storage and retrieval portion comprising a rack structure for storing totes and tracks for the autonomous robotic vehicles (the barriers or walls of the zones 72, 74, 76, surround the storage area including the inventory holders, 30, 34, 40, in that zone, the inventory holders may be entire racks of shelves with each shelf having bins for storing items, Col. 2, lines 25-30, see Fig. 1 and 6; storage structure may have tracks for allowing mobile drive units to move along, Col. 6, lines 35-40); claim 18) system comprises horizontal tracks (tracks are included but not shown, mobile drive units may travel on horizontal tracks along the travel path, see Fig. 5), and claim 20) the insulated portion insulates a group of storage locations from a transit deck or a workstation of the multilevel container storage structure at ambient temperature (for instance, zones 74, 76 within barriers or walls of that zone in the storage area, are insulated and separated from a workstation 54, 52, in ambient zone 72; Col. 25, lines 45-48)(Fig. 6). Dwarakanath does not expressly disclose: the container storage structure is a multilevel container storage structure; the rack structure is a multi-level rack structure; the tracks comprise horizontal and vertical tracks; or the tracks comprise aisles between opposing multilevel rack structures. Hoffman teaches: the container storage structure is a multilevel container storage structure (Para. 0197, workspace may include different floors); the rack structure is a multi-level rack structure (since workspace includes multiple floors, racks are located on different floors, thereby defining a “multi-level” rack structure, Para. 0197)(Fig. 4); the tracks comprise horizontal and vertical tracks (mobile drive units may travel along tracks, the tracks inherently include vertical tracks since the mobile units travel between floors, at least with drive lifts 790, Para. 0031, 0197, Fig. 15, the lifts inherently include tracks); and the tracks comprise aisles between opposing multilevel rack structures (see Fig. 1, 5, since mobile drive units may travel along tracks on path, the tracks are located in the path and along aisles, the aisles being between separate groups of inventory holders, 30; for instance, in Fig. 5, the mobile drive unit 20a travels along a path 17b that includes an aisle positioned, the aisle includes empty spaces positioned between a left row of holders 30, near Ref. 16, and a right row of inventory holders 30, the rows may apart of the groups of 8 inventory holders). Hoffman teaches the: multilevel container storage structure; multi-level rack structure; and the tracks mentioned above for the purpose of a providing a modern inventory system that can process large numbers of diverse inventory requests in a manner that minimizes resources such as space, manpower, and equipment, reduces delays, lowers costs, and improves overall performance (Para. 0002). It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the system of Dwarakanath so that the container storage structure is a multilevel container storage structure, the rack is a multi-level rack structure, horizontal and vertical tracks, and tracks comprising aisles between opposing multilevel rack structures described above, as taught in Hoffman for the purpose of providing a modern inventory system that can process large numbers of diverse inventory requests in a manner that minimizes resources such as space, manpower, and equipment, reduces delays, lowers costs, and improves overall performance. Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dwarakanath in view of Hoffman as applied to claim 2 above, and further in view of Klysen (US PG. Pub. 2008/0178616). Relative to claims 15-16, Dwarakanath in view of Hoffman discloses all claim limitations mentioned above, but does not expressly disclose: claim 15) the environmental control system comprises modular evaporators, fans, and/or ducts, or claim 16) the environmental control system comprises an evaporator and/or a fan on a barrier between volumes defined within the plurality of insulated portions. Klysen teaches: claim 15) the environmental control system (50) comprises modular evaporators, fans, and/or ducts (see spaces in rooms 12, 14, each comprising fans 52, evaporator 58, and ducts 59)(Fig. 1)(Para. 0021); and claim 16) the environmental control system (50) comprises an evaporator and/or a fan on a barrier between volumes defined within the plurality of insulated portions (fans 52, evaporator units 58, and ducting 59 are located on ceiling 30 of rooms 12, 14, fans, evaporators, and ducting units are located between racks between zones 71 and 72 defining volumes of racks, Para. 0058, Fig. 1, 3, in another example, pressure barrier 220, which is the air flow between rows of racks in adjacent zones 70a, 70b, is connected to ducts 210, 212 Fig. 8), for the purpose of providing a temperature controlled storage facility having large open spaces that avoids temperature gradients by evenly distributing air within the space, improves storage density, and allows for more efficient use of storage space (Para. 0002-0006). It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the system of Dwarakanath in view of Hoffman so that the environmental control system comprises modular evaporators, fans, and/or ducts, and an evaporator and/or a fan on a barrier between volumes mentioned above, as taught in Klysen for the purpose of providing a temperature controlled storage facility having large open spaces that avoids temperature gradients by evenly distributing air within the space, improves storage density, and allows for more efficient use of storage space. Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dwarakanath in view of Hoffman as applied to claim 2 above, and further in view of Benton et al (US Patent No. 2014/0202336). Relative to claims 11-13, Dwarakanath in view of Hoffman discloses all claim limitations mentioned above, but does not expressly disclose: claim 11) a space within an insulated portion is divided into a plurality of volumes by a plurality of barriers. claim 12) an insulated portion comprises a plurality of modular portions fixed to portions of the multilevel container storage structure; or claim 13) the plurality of modular portions are fixed to portions of the multilevel container storage structure via attachments. Benton teaches: claim 11) a space within an insulated portion is divided into a plurality of volumes by a plurality of barriers (space in Fig. 11, is insulated, and comprises sections 1, 2, and 3, and space Fig. 12, comprising first and second sections, 1204, each section comprising a volume within the space that is independently destratisfied by columns of air, such as 1209, the columns of air defining barriers within the space such that each section is independently destratisfied, Para. 0064, 0056, Fig. 11-12); claim 12) an insulated portion comprises a plurality of modular portions (see unit comprising fans 204, ducting 208, and intake 210, within insulated spaces, each unit comprising the fans comprises a module, modules may be arranged in multiple areas of the building, Para. 0026, 0042; 0053; Fig. 2, 11) fixed to portions of the multilevel container storage structure (Para. 0029)(Fig. 11); and claim 13) the plurality of modular portions are fixed to portions of the multilevel container storage structure via attachments (each module comprising fans, ducting, and intake are attached to the ceiling using attachments 406; Para. 0029), for the purpose of providing a modular, in-ceiling independent air mixing and distribution system designed for significantly reducing or eliminating localized temperature gradients and is less costly to implement (Para. 0002; 0023). It would have been obvious to one of ordinary skill in the art on or before the time of the filing to modify the system of Dwarakanath in view of Hoffman with the insulated portions divided into a plurality of volumes, and modular portions fixed to container storage structure with attachments mentioned above, as taught in Benton for the purpose of providing a modular, in-ceiling independent air mixing and distribution system designed for significantly reducing or eliminating localized temperature gradients and is less costly to implement. Relative to claim 13, Dwarakanath in view of Hoffman and Benton does not expressly disclose: the attachments for fixing the modular portions to portions of the multilevel container storage structure are brackets. Dwarakanath in view of Hoffman and Benton teaches the attachments (406) for fixing the modular portions to portions of the multilevel container storage structure (attachments may be wires, cables, rods, braces, bars or any other support mechanism able to support a fan structure from a building structure Para. 0029). The system of Benton can be modified, as a matter of design choice, so that the attachments are brackets, since a bracket is a predictable and well-known variant of attachment for supporting the fan structure. See MPEP §2144.01 and §2144.03. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Dwarakanath in view of Hoffman and Benton so that the attachments for fixing the modular portions to the storage structure are brackets, since brackets are predictable and well-known variants of attachments. Allowable Subject Matter Claims 4-10 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. The following is a statement of reasons for the indication of allowable subject matter: Relative to claims 4-10, the closest available prior art does not disclose: a barrier horizontally splitting a space defined by an insulated portion into an upper volume and a lower volume. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dwarakanath et al (US Patent No. 9,008,827): Fig. 6, includes separate climate controlled zones in storage area. Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOLANDA RENEE CUMBESS whose telephone number is (571)270-5527. The examiner can normally be reached M-F 10-6. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at 571-272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /YOLANDA R CUMBESS/Primary Examiner, Art Unit 3651
Read full office action

Prosecution Timeline

Jul 12, 2024
Application Filed
Oct 04, 2024
Response after Non-Final Action
Jun 09, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

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

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