Prosecution Insights
Last updated: August 16, 2026
Application No. 18/854,724

Method for Ascertaining the Position of a Transport Means of a Conveyor System, and Conveyor System

Non-Final OA §103
Filed
Oct 07, 2024
Priority
Apr 08, 2022 — DE 10 2022 108 532.5 +1 more
Examiner
TO, TUAN C
Art Unit
3661
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
2 (Non-Final)
86%
Grant Probability
Favorable
2-3
OA Rounds
1y 0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
864 granted / 1005 resolved
+34.0% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
15 currently pending
Career history
1017
Total Applications
across all art units

Statute-Specific Performance

§101
10.7%
-29.3% vs TC avg
§103
56.4%
+16.4% vs TC avg
§102
9.3%
-30.7% vs TC avg
§112
16.5%
-23.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1005 resolved cases

Office Action

§103
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 § 103 The following is a quotation of 35 U.S.C. 103(a) 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Claims 11-16, 18-20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Takagawa (US 2018/0057261 A1). Regarding claims 11, and 18, Takagawa discloses a typical conveyor system/method of transporting an article to a target travel position, comprising: an article transport vehicle (3), which is shown in Fig. 2 and illustrated in paragraph 0019, has a camera (73) configured to capture images of the markers (20) (see paragraph 0025). The camera (73) is coupled to an image processor (71), wherein the image processor (71) recognizes information about an absolute position P indicated by a marker (20), and detects absolute coordinates Q of the article transport vehicle (3). Takagawa further disclose that the system computes camera’s absolute position, which is described by x, y, and z coordinates, based on the calculation of the difference between where the markers (20) should be and where they appear to be relative to the camera (73) (see paragraphs 0025-0027). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the conveyor system as taught by Takagawa to arrive at the claimed invention. A person of ordinary skill, ordinary creativity would have been motivated to do so, with a reasonable expectation of success, for the purpose of accurately determining the real-time positioning for the article transport vehicle in space by using camera-based marker detection, and providing error correction in dynamic environments through such a positioning. Regarding claim 12, Takagawa discloses that the camera (73) is arranged to capture images of the markers (20) which is a two-dimensional barcode (see paragraph 0025). Regarding claim 13, Takagawa discloses that the markers (20) is captured by the camera (73) while the transport vehicle (3) travels along the track K (see Fig. 1; paragraph 0017). Regarding claim 14, Takagawa discloses the coordinate position Q of the transport vehicle (3) is determined as a function of absolute positions P belongs to a specific area (see Fig. 4; paragraph 0028). Regarding claim 15, Takagawa discloses that the position detector (7), which includes the camera (73) and the image processor (71), is configured to calculate the relationship between an absolute position indicated by any marker (20) and the position of the camera (73) (see paragraph 0026). Regarding claim 16, Takagawa discloses that the rotation position of the article transport vehicle (3) is determined as a function of the markers (20) (see at least paragraph 0027). Regarding claims 19, and 20, Takagawa discloses that the transport vehicle (3) is configured as a rail-bound transport apparatus (see at least paragraph 0017-0019). Allowable Subject Matter As discussed herein, Takagawa describes a technique for tracking a camera’s movement within a 3D space relative to fixed objects. However, Takagawa is not disclosing or even suggesting the features of “at least one variable characterizing the marking is captured by the optical capture device, which variable is transferred by a second electronic computing device separately from the electronic computing device, by OPC unified architecture to the electronic computing device.” Claim 17 is 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. Response to Arguments Applicant’s arguments with respect to claims 1-16, and 18-20 have been considered but are moot because Takagawa still discloses and suggests the limitations of the claims. The transport vehicle (3)’s position detector (7) utilizes the on-board camera (73) to capture images of environmental markers (20), with the image processor (71) detecting the absolute coordinates of the transport vehicle by identifying information encoded on multiple visible markers. In Takagawa, the system assumes the markers are fixed relative to the rails, making the vertical (Z) and lateral (Y) coordinates of the vehicle relatively stable. However, these positional coordinates may vary based on the environment factors such as rail bending, and vibration. Based on the results of image recognition, the system uses the image processor (71) detects the markers to correct the Y-coordinate and the Z-coordinate and calculates the true dimensional position of the transport vehicle (3) in space. Therefore, Takagawa discloses and suggests the limitations of “ascertaining a multidimensional position of the transport vehicle in the space with an electronic computing device, as a function of the captured marking.” Conclusions Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan C To whose telephone number is (571) 272-6985. The examiner can normally be reached on from 6:00AM to 2:30PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ramya P Burgess, can be reached on (571) 272-6011. 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). /TUAN C TO/Primary Examiner, Art Unit 3661
Read full office action

Prosecution Timeline

Oct 07, 2024
Application Filed
Jan 15, 2026
Non-Final Rejection mailed — §103
Apr 03, 2026
Response Filed
May 26, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12705648
Systems and Methods for Automated Trade-In With Limited Human Interaction
2y 0m to grant Granted Aug 11, 2026
Patent 12699405
CONTROL SYSTEM, MOBILE OBJECT, AND CONTROL METHOD
1y 11m to grant Granted Aug 04, 2026
Patent 12691849
METHOD AND APPARATUS FOR TRAILER MONITORING
2y 0m to grant Granted Jul 28, 2026
Patent 12687399
RANKING VEHICLE CHARGING STATIONS
1y 10m to grant Granted Jul 21, 2026
Patent 12686334
BACKING ASSISTANCE APPARATUS AND VEHICLE
1y 7m to grant Granted Jul 21, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

2-3
Expected OA Rounds
86%
Grant Probability
96%
With Interview (+10.0%)
2y 10m (~1y 0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1005 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month