Prosecution Insights
Last updated: July 17, 2026
Application No. 18/851,611

STORAGE SYSTEM WITH CONTAINERS AND ACCESS FRAMES

Non-Final OA §102§103
Filed
Sep 26, 2024
Priority
Mar 30, 2022 — NO 20220389 +1 more
Examiner
WAGGONER, TIMOTHY R
Art Unit
Tech Center
Assignee
AutoStore Technology A/S
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
79%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
988 granted / 1380 resolved
+11.6% vs TC avg
Moderate +7% lift
Without
With
+7.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
32 currently pending
Career history
1399
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
81.3%
+41.3% vs TC avg
§102
6.6%
-33.4% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1380 resolved cases

Office Action

§102 §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 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. Claim(s) 47-61 and 64-69 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Austrheim US 2022/0266077 (Relying on the Published priority date of 03/01/2021 NO 20191031 A1). Austrheim discloses a storage system comprising: (Re claim 47) “a first structure comprising upright members, the upright members defining a volume of columns provided between the upright members, said columns configured to receive a plurality of storage containers arranged in stacks within the columns” (figure 1,12). “an access frame configured to be placed between storage containers in one or more of the stacks” (40 figure 11-13). “wherein a bottom of the access frame is configured to rest on an underlying storage container and a top of the access frame is configured to support an overlying storage container” (figure 9b, para 0094). “the access frame is configured to provide a side opening and a bottom opening to allow a person to reach an item stored in an underlying storage container by reaching in via the side opening through the bottom opening of the access frame and through a top opening of the underlying storage container” (40,42 figure 11). (Re claim 48) “a rail system provided on top of the upright members; and a container handling vehicle operating on the rail system; wherein the container handling vehicle comprises a lifting device which is configured for vertical transportation of storage containers or access frames within the columns and for horizontal transportation of the storage containers or the access frames above the rail system” (201, 110, 111 figure 1). (Re claim 49) “a plurality of storage containers arranged in stacks within the columns” (abstract, claim 1). (Re claim 50) “the storage containers and the access frame each comprise a connection interface on an upper surface and wherein the connection interface is configured to engage a gripper comprised in a lifting device of a container handling vehicle, wherein the connection interface is such that the container handling vehicle is able to lift any of the storage containers or access frame using the lifting device” (para 0093). (Re claim 51) “a plurality of access frames are stacked alternately with storage containers in one or more of the stacks along one side of a volume defined by the first structure” (40 figure 12). (Re claim 52) “wherein each storage container has a top opening” (20 figure 7a). (Re claim 53) “one or more of the stacks includes a plurality of access frames, each access frame being positioned between storage containers within that stack” (40 figure 12). Additional frames could be added as desired. (Re claim 54) “the plurality of access frames are arranged in an alternating manner with consecutive storage containers, each storage container being spaced from one above by an access frame, to provide a set of accessible storage containers in that stack where access is allowed to each of the underlying storage containers in that set” (40 figure 12-13) any number of pattern of spacers is possible. (Re claim 55) “the access frame comprises a rectangular top portion and legs protruding downwardly from the rectangular top portion, wherein the top portion defines an upper stacking interface allowing a storage container to be stacked above the access frame” (40 figure 11, para 0094) (Re claim 56) “the side opening is defined by an area between one side of the rectangular top portion and two of the downwardly protruding legs” (40 figure 11). (Re claim 57) “the bottom opening is defined by an area between the lower end of the downwardly protruding legs” (42,40 figure 11). (Re claim 58) “the access frame comprises cross members connected between lower ends of at least some of the downwardly protruding legs, wherein the bottom opening is defined by the lower ends of the downwardly protruding legs together with the cross members” (42,40 figure 11). (Re claim 59) “the access frame comprises three cross members arranged in a U-shaped configuration with its open end facing towards the side opening” (42,40 figure 11). Three of the bottom crossmembers could be considered to comprise the U shape with a fourth member closing off the opening of the U shape. (Re claim 60) “lower ends of the downwardly protruding legs define a lower stacking interface allowing the access frame to be stacked above storage containers or other access frames” (para 0094). (Re claim 61) “side openings of access frames in a first row of stacks are aligned with each other in a horizontal direction” (40 figure 12). (Re claim 64) “the storage system comprises a second structure comprising upright members, the upright members defining a volume of columns provided between the upright members, configured to receive a plurality of storage containers stacked directly above each other in stacks within the columns; wherein the second structure is provided adjacent to the first structure” (figure 1,12). There are a plurality of structures defined by upright members, located adjacent to one another to form a grid of said structures. (Re claim 65) “a plurality of access frames are stacked alternately with storage containers in all of the stacks along one side of a volume defined by the first structure” (40 figure 12-14). The access frames can be arranged in any advantageous pattern. Austrheim discloses a method for making product items stored in storage containers accessible to a person, wherein the method comprises the steps of: (Re claim 66) “stacking a first storage container into a column defined by upright members of a first structure” (20 figure 12). “stacking a first access frame directly above the first storage container; and stacking a second storage container directly above the first access frame” (40, 20 figure 12). (Re claim 67) “the steps of stacking comprises the step of: controlling a container handling vehicle to move horizontally on a rail system secured above the upright members; and controlling a lifting device of the container handling vehicle to stack the storage containers and the access frames into the first columns” (para 0093, figure 1). (Re claim 68) “the method further comprises the step of controlling the container handling vehicle to retrieve storage containers and/or access frames stored in stacks within columns of a second structure located below the rail system” (para 0093, 0121, figure 1). Austrheim discloses an access frame configured to be placed between stacked storage containers, wherein: (Re claim 69) “a bottom of the access frame is configured to rest on an underlying storage container and a top of the access frame is configured to support an overlying storage container” (40 figure 11, para 0094). “the access frame is configured to provide a side opening and a bottom opening to allow a person to reach an item stored in an underlying storage container by reaching in via the side opening through the bottom opening of the access frame and through a top opening of the underlying storage container” (42,40 figure 11). 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) 62 is/are rejected under 35 U.S.C. 103 as being unpatentable over Austrheim in view of Lindbo et al. US 2018/0035625. Austrheim discloses the system as rejected above including sharing multiple features with the stacking containers (para 0093-0094) and being usable for growing plants (para 0028). Austrheim does not disclose that the access frame comprises at least one light to illuminate an interior of a storage container. Linbo teaches that the containers comprise at least one light to illuminate an interior of a storage container (para 0050). It would have been obvious to one skilled in the art to modify the access frame of Austrheim to include at least one light to illuminate an interior of a storage container because it would help maintain proper lighting conditions. Claim(s) 63 is/are rejected under 35 U.S.C. 103 as being unpatentable over Austrheim in view of Duncan et al. US 5,170,829. Austrheim discloses the system as rejected above. Austrheim does not disclose a barrier for covering at least one of the stacks of storage containers and access frames during elevation of a storage container or access frame from the one stack and/or during lowering of a storage container or access frame into the one stack. Duncan teaches a barrier for covering at least one of the stacks of storage containers when storage containers are being moved (52 figure 1,2, abstract, col 1 lines 10-30) It would have been obvious to one skilled in the art to modify the system of Austrheim to include a barrier for covering at least one of the stacks of storage containers and access frames during elevation of a storage container or access frame from the one stack and/or during lowering of a storage container or access frame into the one stack because it helps prevent injuries which can occur while storage containers are being moved. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2023/0211948 and 2023/0129771 disclose a storage system with safety barriers. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R WAGGONER whose telephone number is (571)272-8204. The examiner can normally be reached Mon-Thurs 5am-330pm. 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, Jacob Scott can be reached at 571-270-3415. 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. TIMOTHY R. WAGGONER Primary Examiner Art Unit 3655 B /TIMOTHY R WAGGONER/Primary Examiner, Art Unit 3655
Read full office action

Prosecution Timeline

Sep 26, 2024
Application Filed
Sep 26, 2024
Response after Non-Final Action
Sep 10, 2025
Response after Non-Final Action
Jun 11, 2026
Non-Final Rejection mailed — §102, §103 (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
72%
Grant Probability
79%
With Interview (+7.4%)
2y 6m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1380 resolved cases by this examiner. Grant probability derived from career allowance rate.

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