Prosecution Insights
Last updated: May 29, 2026
Application No. 18/899,145

AUTOMATED VERTICAL TRANSPORT

Non-Final OA §102§103
Filed
Sep 27, 2024
Priority
Sep 28, 2023 — provisional 63/541,125 +1 more
Examiner
CAMPBELL, KEITH
Art Unit
3651
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Lab2Fab LLC
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
534 granted / 594 resolved
+37.9% vs TC avg
Minimal +1% lift
Without
With
+0.7%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 6m
Avg Prosecution
10 currently pending
Career history
603
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
46.7%
+6.7% vs TC avg
§102
13.0%
-27.0% vs TC avg
§112
38.6%
-1.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 594 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 Objections Claims 3, 10 and 14 are objected to because of the following informalities: Regarding claim 3, line 3: the limitation “the rotatable element” should be “the first rotatable element” to have proper antecedent basis. Regarding claim 10, line: the limitation “configure” should be “configured”. Regarding claim 14, line 3: the limitation “the rotatable element” should be “the first rotatable element” to have proper antecedent basis. Appropriate correction is required. 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. Claims 1-6, 10, 12-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Colombo (US Patent 5,473,978). Regarding claim 1, Colombo discloses a system for proofing dough (leavening; col 3, lines 30-38), comprising: a first rotatable element (one of 9A-9D or one of 23A, 23B) having a first support surface extending about a first axis; a second rotatable (another of 9A-9D or another of 23A, 23B) element having a second support surface extending about a second axis spaced from the first axis, wherein the first and second rotatable elements are configured to move a pan (4) engaged with the first and second support surfaces by rotating the first and second rotatable elements; and a cabinet (2) having a temperature-controlled enclosure containing the first rotatable element and second rotatable element, wherein the cabinet is configured to proof dough on the pan by maintaining a predetermined temperature, thereby exposing the dough to the predetermined temperature within the enclosure for a predetermined period of time (col 3, lines 30-38). Regarding claim 2, Colombo also discloses the first rotatable element comprises a first helix defining the first support surface, and wherein the second rotatable element comprises a second helix defining the second support surface (fig 1 and 2). Regarding claim 3, Colombo also discloses the first support surface of the first rotatable element extends continuously in multiple turns around the first axis to a terminal edge of the rotatable element (fig 1 and 2). Regarding claim 4, Colombo also discloses a motor configured to rotate one of the first and second rotatable elements (col 3, line 65- col 4, line 14). Regarding claim 5, Colombo also discloses the first and second rotatable elements are configured to lower the pan through the enclosure by rotating the first and second rotatable elements (23A and 23B; fig 1). Regarding claim 6, Colombo also discloses the first rotatable element and the second rotatable element are configured to synchronize a release of the pan from the first support surface and the second support surface such that the pan drops from the first and second support surfaces (drop from 23A 23B; fig 1). Regarding claim 10, Colombo also discloses a force translating component configure to couple rotation of the first rotatable element to the second rotatable element (col 3, line 65- col 4, line 14). Regarding claim 12, Colombo also discloses a vertical transport, comprising: a first rotatable element (one of 9A-9D or one of 23A, 23B) having a first support surface extending about a first axis; and a second rotatable element (another of 9A-9D or another of 23A, 23B) having a second support surface extending about a second axis spaced from the first axis; wherein the first and second rotatable elements are configured to move a pan engaged with the first and second support surfaces in a vertical direction by rotating the first and second rotatable elements (fig 1). Regarding claim 13, Colombo also discloses the first rotatable element comprises a first helix defining the first support surface, and wherein the second rotatable element comprises a second helix defining the second support surface (fig 1 and 2). Regarding claim 14, Colombo also discloses the first support surface of the first rotatable element extends continuously in multiple turns around the first axis to a terminal edge of the rotatable element (fig 1 and 2). Regarding claim 15, Colombo also discloses the first rotatable element and the second rotatable element are configured to rotate in a same direction (fig 2; 9a and 9d or 9b and 9c or corresponding columns of 23A and 23B). Regarding claim 16, Colombo also discloses a temperature-controlled enclosure (2) containing the first rotatable element and the second rotatable element, wherein the vertical transport is configured to proof a dough on the pan by maintaining a predetermined temperature, thereby exposing the dough to the predetermined temperature within the enclosure for a predetermined period of time (col 3, lines 30-38). Regarding claim 17, Colombo also discloses the first and second rotatable elements are configured to lower the pan through the enclosure by rotating the first and second rotatable elements (23A 23B; fig 1). Regarding claim 18, Colombo also discloses the first rotatable element and the second rotatable element are configured to synchronize a release of the pan from the first support surface and the second support surface such that the pan drops from the first and second support surfaces (drop from 23A 23B; fig 1). Regarding claim 20, Colombo also discloses a method for transporting dough through a proofing enclosure (2; col 3, lines 30-38), comprising: providing a first rotatable element (one of 9A-9D or one of 23A, 23B) and a second rotatable element (another of 9A-9D or another of 23A, 23B), wherein the first rotatable element includes a first pan support surface extending about a first axis, wherein the second rotatable element includes a second pan support surface extending about a second axis spaced from the first axis; and rotating the first and second rotatable elements, thereby moving a pan engaged with the first and second pan support surfaces through the proofing enclosure (fig 1). Claims 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (US RE4792). Regarding claim 12, Smith discloses a vertical transport, comprising: a first rotatable element (D) having a first support surface extending about a first axis; and a second rotatable element (D) having a second support surface extending about a second axis spaced from the first axis; wherein the first and second rotatable elements are configured to move a pan engaged with the first and second support surfaces in a vertical direction by rotating the first and second rotatable elements. Regarding claim 13, Smith also discloses the first rotatable element comprises a first helix (fig 6) defining the first support surface, and wherein the second rotatable element comprises a second helix (fig 6) defining the second support surface. Regarding claim 14, Smith also discloses the first support surface of the first rotatable element extends continuously in multiple turns around the first axis to a terminal edge of the rotatable element (fig 1 and 6). Regarding claim 15, Smith also discloses the first rotatable element and the second rotatable element are configured to rotate in a same direction (fig 1). 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. Claims 1-8, 10-11 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Smith as applied to claim 12 in view of Hayashi (US Patent 3,864,846) or Smith in view of Hayashi. Regarding claim 1, Smith discloses a system for heating products, comprising: a first rotatable element (D) having a first support surface extending about a first axis; a second rotatable element (D) having a second support surface extending about a second axis spaced from the first axis, wherein the first and second rotatable elements are configured to move a pan engaged with the first and second support surfaces by rotating the first and second rotatable elements; and a cabinet (fig 1) having a temperature-controlled enclosure containing the first rotatable element and second rotatable element. Regarding claim 2, Smith also discloses the first rotatable element comprises a first helix (fig 1 and 6) defining the first support surface, and wherein the second rotatable element comprises a second helix (fig 1 and 6) defining the second support surface. Regarding claim 3, Smith also discloses the first support surface of the first rotatable element extends continuously in multiple turns around the first axis to a terminal edge of the rotatable element (fig 1 and 6). Regarding claim 4, Smith also discloses a motor configured to rotate one of the first and second rotatable elements (motor for driving pinion G’). Regarding claim 5, Smith also discloses the first and second rotatable elements are configured to lower the pan through the enclosure by rotating the first and second rotatable elements (fig 1). Regarding claim 6, Smith also discloses the first rotatable element and the second rotatable element are configured to synchronize a release of the pan from the first support surface and the second support surface such that the pan drops from the first and second support surfaces (fig 1). Regarding claim 7, Smith also discloses a conveyor belt (K4) configured to translate the pan out of the enclosure, the conveyor belt positioned such that the pan drops from the first and second support surfaces to the conveyor belt (fig 1). Regarding claim 10, Smith also discloses a force translating component (fig 3) configure to couple rotation of the first rotatable element to the second rotatable element. Regarding claim 11, Smith also discloses the cabinet comprises access doors (K2) configured to open to allow loading a plurality of pans onto the first and second support surfaces. Regarding claim 16, Smith also discloses a temperature-controlled enclosure (fig 1) containing the first rotatable element and the second rotatable element. Regarding claim 17, Smith also discloses the first and second rotatable elements are configured to lower the pan through the enclosure by rotating the first and second rotatable elements (fig 1). Regarding claim 18, Smith also discloses the first rotatable element and the second rotatable element are configured to synchronize a release of the pan from the first support surface and the second support surface such that the pan drops from the first and second support surfaces (fig 1). Regarding claim 19, Smith also discloses a conveyor belt (K4) configured to translate the pan laterally, the conveyor belt positioned such that the pan drops from the first and second support surfaces to the conveyor belt Regarding claim 20, Smith also discloses a method for transporting food products through an enclosure (fig 1), comprising: providing a first rotatable element (D) and a second rotatable element (D), wherein the first rotatable element includes a first pan support surface extending about a first axis, wherein the second rotatable element includes a second pan support surface extending about a second axis spaced from the first axis; and rotating the first and second rotatable elements, thereby moving a pan engaged with the first and second pan support surfaces through the enclosure. Smith does not explicitly disclose (claim 1) the cabinet is configured to proof dough on the pan by maintaining a predetermined temperature, thereby exposing the dough to the predetermined temperature within the enclosure for a predetermined period of time and (claim 8) a door adjacent the conveyor belt and (claim 16) the vertical transport is configured to proof a dough on the pan by maintaining a predetermined temperature, thereby exposing the dough to the predetermined temperature within the enclosure for a predetermined period of time and (claim 20) transporting dough through a proofing enclosure. Regarding claim 1, Hayashi teaches a cabinet is configured to proof dough on the pan by maintaining a predetermined temperature, thereby exposing the dough to the predetermined temperature within an enclosure for a predetermined period of time (col 1, lines 65-col 2 line 2). Regarding claim 8, Hayashi also teaches a door (18) adjacent a conveyor belt (14). Regarding claim 16, Hayashi also teaches a vertical transport is configured to proof a dough on the pan by maintaining a predetermined temperature, thereby exposing the dough to the predetermined temperature within the enclosure for a predetermined period of time (col 1, lines 65-col 2 line 2). Regarding claim 20, Hayashi also teaches transporting dough through a proofing enclosure (col 1, lines 65-col 2 line 2). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the system of Smith to proof dough on the pan by maintaining a predetermined temperature, thereby exposing the dough to the predetermined temperature within an enclosure for a predetermined period of time and have a door adjacent a conveyor belt and be configured to proof a dough on the pan by maintaining a predetermined temperature, thereby exposing the dough to the predetermined temperature within the enclosure for a predetermined period of time and transporting dough through a proofing enclosure as taught by Hayashi in order to proof dough with improved heat efficiency (col 1, line 66-col 2, line 7). Allowable Subject Matter Claim 9 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Keith R Campbell whose telephone number is (571)270-1015. The examiner can normally be reached Monday-Friday 8:30am-5:00pm EST. 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. /KRC/Examiner, Art Unit 3651 4/15/2026 /GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
Read full office action

Prosecution Timeline

Sep 27, 2024
Application Filed
Jan 16, 2026
Response after Non-Final Action
Apr 21, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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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
90%
Grant Probability
91%
With Interview (+0.7%)
1y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 594 resolved cases by this examiner. Grant probability derived from career allowance rate.

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