Prosecution Insights
Last updated: July 17, 2026
Application No. 18/861,799

A CONTAINER HANDLER, A STORAGE AND RETRIEVAL SYSTEM COMPRISING THE CONTAINER HANDLER AND A METHOD FOR HANDLING A CONTAINER BY MEANS OF THE CONTAINER HANDLER

Non-Final OA §103
Filed
Oct 30, 2024
Priority
May 03, 2022 — NO 20220504 +1 more
Examiner
HAGEMAN, MARK C
Art Unit
Tech Center
Assignee
AutoStore Technology A/S
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
574 granted / 776 resolved
+14.0% vs TC avg
Strong +16% interview lift
Without
With
+15.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
30 currently pending
Career history
799
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
66.1%
+26.1% vs TC avg
§102
14.3%
-25.7% vs TC avg
§112
17.4%
-22.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 776 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 . Election/Restrictions Applicant's election with traverse of Group I (Claims 1-8, 10-12 and 15) in the reply filed on 6/24/2026 is acknowledged. The traversal is on the ground(s) that, as amended, claim 1 defines over the prior art and thus presents a special technical feature that is shared with the other groups. This is not found persuasive because, as set forth below, claim 1 does not define over the prior art as it is rendered obvious by the combination presented. Rejoinder will be considered in the future if/when some version of claim 1 is determined to be patentable. The requirement is still deemed proper and is therefore made FINAL. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the moveable weight for counterbalancing must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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. 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) 1-8, 12 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 10,632,610 to Wagner in view of CN 114044382 to Chenzhen. Regarding claim 1 Wanger discloses a container handler (24) for bidirectional transfer of containers between a port of a storage grid (location in grid next to conveyor 21) of an automated storage and retrieval system and a conveyor (21) for transporting containers, wherein the container handler comprises a stand comprising two legs connected by a crossbar (see figure 1, support structure of gantry) and the container handler is connected to the crossbar (see figure 1); wherein said stand is configured to straddle the port of the storage grid of the automated storage and retrieval system and/or the conveyor for transporting containers (see figure 1), such that the container handler is aligned with a container tray of the port of the storage grid of the automated storage and retrieval system and/or the conveyor for transporting containers. Wagner does not disclose said container handler comprising: an arm having an axis of rotation, an arm displacer, at least a first coupler provided at a first end of said arm, said first coupler for releasable engagement with a container, wherein the arm displacer is configured to: rotate the arm about the axis of rotation with at least the first coupler held in a horizontal plane between a first and a second arm rotational position, and displace the arm with at least the first coupler in a vertical direction between a first and a second vertical position. Chenzhen teaches a handling system including an arm (222) having an axis of rotation (vertical shaft), an arm displacer (21/22), at least a first coupler (3) provided at a first end of said arm, said first coupler for releasable engagement with a container (3 is a clamp that can grip), wherein the arm displacer is configured to: rotate the arm about the axis of rotation with at least the first coupler held in a horizontal plane between a first and a second arm rotational position (rotation via 22), and displace the arm with at least the first coupler in a vertical direction between a first and a second vertical position (vertical movement via 21) in order to transfer articles to and from a designated position (para 0046). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of Applicants’ claims to have modified Wagner to include an arm having an axis of rotation, an arm displacer, at least a first coupler provided at a first end of said arm, said first coupler for releasable engagement with a container, wherein the arm displacer is configured to: rotate the arm about the axis of rotation with at least the first coupler held in a horizontal plane between a first and a second arm rotational position, and displace the arm with at least the first coupler in a vertical direction between a first and a second vertical position, as taught by Chenzhen, in order to transfer articles to and from a designated position. Additionally, doing so merely entails substituting one know transfer arrangement for another to yield predictable results. This is particularly true where the storage system has a separate system for moving articles internally. Regarding claim 2 Chenzhen teaches the arm displacer is configured to: rotate the arm with at least the first coupler in the horizontal plane between the first and the second arm rotational position when the arm and at least the first coupler are in an upper vertical position (rotation via 22). It is noted that this claim is entirely functional and there is no controller etc. recited to require certain actions/behaviors to occur. See MPEP 2114. Regarding claim 3 Chenzhen teaches the container handler comprising a second coupler provided at a second, opposite end of said arm (other instance of 3 in figure 2), said second coupler for releasable engagement with a container. It is noted that this claim is entirely functional and there is no controller etc. recited to require certain actions/behaviors to occur. See MPEP 2114. Regarding claim 4 Chenzhen teaches when said arm is configured to be vertically displaced or rotated, only one of the first and the second couplers is in engagement with the container. The system is capable of movement with 0, 1 or 2 containers and thus reads on the claim. It is noted that this claim is entirely functional and there is no controller etc. recited to require certain actions/behaviors to occur. See MPEP 2114. Regarding claim 5 Chenzhen teaches the arm with the first and the second couplers is arranged to reciprocate about the axis of rotation (rotation via 22). Regarding claim 6 Chenzhen teaches an angular stroke of the reciprocal rotation is 180 degrees (rotation via 22 is not limited). It is noted that this claim is entirely functional and there is no controller etc. recited to require certain actions/behaviors to occur. See MPEP 2114. Regarding claim 7 Chenzhen teaches the arm displacer comprises: a vertical displacement mechanism comprising: a vertically guiding part (211); a vertically displaceable support slidably connected with the vertically guiding part (see figure 3 and 212), the arm with at least the first coupler being fixedly attached to said support (figure 3); and a vertical displacement motor (cylinder 211) configured to displace the support with the attached arm along the vertically guiding part. Regarding claim 8 Chenzhen teaches the arm displacer comprises: a rotational displacement mechanism (22) comprising: a rotational displacement motor (221) attached to the vertically displaceable support and configured to rotate the arm with at least the first coupler in the horizontal plane between the first and the second arm rotational position (see figure 3). Regarding claim 12 Wagner teaches the container tray associated with the port of the automated storage and retrieval system and the conveyor for transporting containers are provided at the same level (see figure 1). Regarding claim 15 Chenzhen teaches the container handler comprises a movable weight for counterbalancing vertical movement of the arm with at least the first coupler (the other instance of 3 can be considered a moveable weight and it will act to counterbalance a load in the in the other gripper). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional cited references show other container handling arrangements that share some features with the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK C HAGEMAN whose telephone number is (571)272-5547. The examiner can normally be reached Mon-Fri 8:15-4:45 (PST). 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 at 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 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. /MARK C HAGEMAN/Primary Examiner, Art Unit 3652
Read full office action

Prosecution Timeline

Oct 30, 2024
Application Filed
Jul 09, 2026
Non-Final Rejection mailed — §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
74%
Grant Probability
90%
With Interview (+15.7%)
2y 5m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 776 resolved cases by this examiner. Grant probability derived from career allowance rate.

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