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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-10, 15, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and 11 of U.S. Patent No. 12,139,336. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are anticipated by the claims of the patent.
Regarding claim 1, patent claim Austrheim (US ‘336) recited an automated storage and retrieval system comprising: a first rack system comprising: a first of parallel tracks, a second set of parallel tracks, a first grid pattern, storage columns, a second track system comprising: a third set of parallel tracks, a fourth set of parallel tracks, a second grid pattern, second storage columns, and a vehicle lift with first and second lift stop positions. The patent claim 1 of Austrheim (US ‘336) is in essence a “species” of the more generic invention of application claim 1. It has been held that a generic invention is “anticipated” by a “species” within the scope of the generic invention. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993).
Regarding claim 2, patent claim 2 of Austrheim (US ‘336) further recites the details of the lift mechanism and anticipates claim 2 of the application.
Regarding claim 3, patent claim 1 of Austrheim (US ‘336) further recites the guiding and positioning structure and anticipates claim 3 of the application.
Regarding claim 4, patent claim 1 of Austrheim (US ‘336) recites the details of the platform track arrangement while patent claim 4 recites the details of the base plate structure and guiding and positioning structure, patent claims 1 and 4 anticipate claim 4 of the application.
Regarding claim 5, patent claim 5 of Austrheim (US ‘336) recites the details of the vertical support structure and anticipates claim 5 of the application.
Regarding claim 6, patent claim 6 of Austrheim (US ‘336) recites the details of the gap and anticipates claim 6 of the application.
Regarding claim 7, patent claim 8 of Austrheim (US ‘336) recites the details of the outer perimeter and anticipates claim 7 of the application.
Regarding claim 8, patent claim 7 of Austrheim (US ‘336) recited the details of the third track system, storage columns, third horizontal plane, lift mechanism and third lift stop and anticipates claim 8 of the application.
Regarding claim 9, patent claim 8 of Austrheim (US ‘336) recites the details of the outer perimeter of the third track system and anticipates claim 8 of the application.
Regarding claim 10, patent claim 8 of Austrheim (US ‘336) recites the details of the outer perimeter of the first track system and anticipates claim 10 of the application.
Regarding claim 15, patent claim 1 of Austrheim (US ‘336) recites the details of the guiding and positioning structure, first lift stop position, and second lift stop position and anticipated claim 15 of the application.
Regarding claim 19, patent claim 11 of Austrheim (US ‘336) recites the details of the method claimed and anticipates claim 19 of the application.
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) 1-7, 14, 15, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over NO 317 366, as cited by applicant in view of DE 10 2009 051800, as cited by applicant.
Regarding claim 1, NO 366 teaches an automated storage and retrieval system comprising:
a first track system comprising:
a first set of parallel tracks arranged in a first horizontal plane and extending in a first direction of the first track system; and
a second set of parallel tracks arranged in the first horizontal plane and extending in a second direction of the first track system, which is orthogonal to the first direction of the first track system, the first and second sets of parallel tracks of the first track system forming a first grid pattern in the first horizontal plane comprising a first plurality of adjacent grid cells, each grid cell of the first track system comprising a corresponding grid opening defined by a pair of neighboring tracks of the first set of parallel tracks and a pair of neighboring tracks of the second set of parallel tracks; and
first storage columns located beneath the first track system for storing first storage containers in a first plurality of stacks, wherein each storage column from the first storage columns is located vertically below a corresponding grid opening;
a second track system comprising:
a third set of parallel tracks arranged in a second horizontal plane and extending in a first direction of the second track system; and
a fourth set of parallel tracks arranged in the second horizontal plane and extending in a second direction of the second track system, which is orthogonal to the first direction of the second track system, the third and fourth sets of parallel tracks forming a second grid pattern in the second horizontal plane comprising a second plurality of adjacent grid cells, each grid cell of the second track system comprising a corresponding grid opening defined by a pair of neighboring tracks of the third set of parallel tracks and a pair of neighboring tracks of the fourth set of parallel tracks; and
second storage columns located beneath the second track system for storing second storage containers in a second plurality of stacks, wherein each storage column from the second storage columns is located vertically below a corresponding grid opening;
wherein the first horizontal plane of the first track system and the second horizontal plane of the second track system are arranged vertically displaced relative each other, see figure 1. The NO 366 reference further teaches a track for transferring vehicles between the first and second track system, see figure 1, but does not teach the lift, as claimed.
DE 800 teaches a storage system with a firs rack system and a second track system as a different vertical height that the first. DE 800 further teaches:
a vehicle lift device for transfer of a vehicle arranged on the first track system to the second track system and vice versa, the vehicle lift device comprising a platform arranged to carry the vehicle, and a lift mechanism arranged to move the platform between:
a first lift stop position establishing access between the platform and the first track system for enabling relocation of the vehicle between a support position on the platform and an operative position on the first track system; and
a second lift stop position establishing access between the platform and the second track system for enabling relocation of the vehicle between the support position on the platform and an operative position on the second track system, see figures 2A through 2F.
Since both NO 366 and DE 800 teach a storage system with vehicle that are transferred between different levels, it would have bene obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the track of NO 366 with the lift of DE 800 in order to achieve the predictable result lifting and lowering the vehicle between the two different levels of the storage system.
Regarding claim 2, DE 800 teaches lift mechanism is configured to move the platform in a purely vertical direction between the first lift stop position and the second lift stop position, see figures 2A through 2F.
Regarding claim 3, DE 800 teaches a guiding and positioning structure for positioning, 38, and maintaining the vehicle in a motionless or near motionless position on the platform during the transfer between the first and second lift stop positions, see figures 2A through 2F.
Regarding claim 4, DE 800 teaches the guiding and positioning structure comprises a platform track arrangement comprising:
at least one set of parallel tracks extending in a direction X; and/or
at least one set of parallel tracks extending in direction Y being perpendicular to the direction X; or
a base plate structure arranged with at least two side walls for receiving the vehicle in an area defined by the at least two side walls and the base plate structure, such that the guiding and positioning structure is vertically leveled with the first track system when the guiding and positioning structure is placed in the first lift stop position to enable relocation of the vehicle between the guiding and positioning structure and the first track system; and
the guiding and positioning structure is vertically leveled with the second track system when the guiding and positioning structure is placed in the second lift stop position for enabling relocation of the vehicle between the guiding and positioning structure and the second track system, see figures 1-3.
Regarding claim 5, DE 800 teaches the vehicle lift device further comprises a vertical support structure for supporting the vehicle when the platform is moving between the first lift stop position and the second lift stop position, see figure 3.
Regarding claim 6, DE 800 teaches the vehicle lift device is in a gap between an outer perimeter of the first track system relative to the first horizontal plane and an outer perimeter of the second track system relative to the second horizontal plane, see figures 1, 2, and 4.
Regarding claim 7., DE 800 teaches at least a part of an outer perimeter of the second track system relative to the second horizontal plane is adjacent to at least a part of an outer perimeter of the first track system relative to the first horizontal plane, see figures 1, 2, and 4.
Regarding claim 14, NO 366 teaches the second track system is vertically below the first track system, see figure 1.
Regarding claim 15, DE 800 teaches: the guiding and positioning structure has a first side and a second side; the first lift stop position establishes access between the first side of the guiding and positioning structure and the first track system; and the second lift stop position establishes access between the first side of guiding and positioning structure and the second track system, see figure 2A through 2F.
Regarding claim 19, the combination of NO 366 and DO 800 teaches:
a first track system comprising:
a first set of parallel tracks arranged in a first horizontal plane and extending in a first direction of the first track system; and
a second set of parallel tracks arranged in the first horizontal plane and extending in a second direction of the first track system, which is orthogonal to the first direction of the first track system, which first and second sets of parallel tracks form a first grid pattern in the first horizontal plane comprising a first plurality of adjacent grid cells, each comprising a corresponding grid opening defined by a pair of neighboring tracks of the first set of parallel tracks and a pair of neighboring tracks of the second set of parallel tracks;
first storage columns located beneath the first track system for storing first storage containers in a first plurality of stacks, wherein each storage column from the first storage columns is located vertically below a corresponding grid opening;
a second track system comprising:
a third set of parallel tracks arranged in a second horizontal plane and extending in a first direction of the second track system; and
a fourth set of parallel tracks arranged in the second horizontal plane and extending in a second direction of the second track system, which is orthogonal to the first direction of the second track system, which third and fourth sets of parallel tracks form a second grid pattern in the second horizontal plane comprising a second plurality of adjacent grid cells, each comprising a corresponding grid opening defined by a pair of neighboring tracks of the first set of parallel tracks and a pair of neighboring tracks of the second set of parallel tracks;
second storage columns located beneath the second track system for storing second storage containers in a second plurality of stacks, wherein each storage column from the second storage columns is located vertically below a corresponding grid opening;
wherein the first horizontal plane of the first track system and the second horizontal plane of the second track system are arranged vertically displaced relative to each other, and wherein at least the first track system comprises a vehicle arranged to move on the first and/or second set of parallel tracks of the first track system, see figure 1. The NO 366 reference further teaches a track for transferring vehicles between the first and second track system, see figure 1, but does not teach the lift, as claimed.
DE 800 teaches a storage system with a firs rack system and a second track system as a different vertical height that the first. DE 800 further teaches:
a vehicle lift device for transfer of a vehicle arranged on the first track system to the second track system and vice versa, the vehicle lift device comprising a platform arranged to carry the vehicle, and a lift mechanism arranged to move the platform between:
a first lift stop position establishing access between the platform and the first track system for enabling relocation of the vehicle between a support position on the platform and an operative position on the first track system; and
a second lift stop position establishing access between the platform and the second track system for enabling relocation of the vehicle between the support position on the platform and an operative position on the second track system, see figures 2A through 2F.
DE 800 further teaches that the method comprises:
i) moving the vehicle from the first track system on to the platform which is positioned in the first lift position;
ii) moving the platform into a second lift stop position enabling access between the platform and the second track system; and iii) moving the vehicle from a supported position on the platform and on to the second track system wherein the vehicle is arranged to move on the third and/or fourth set of parallel tracks of the second track system, see figures 2A through 2F.
Since both NO 366 and DE 800 teach a storage system with vehicle that are transferred between different levels, it would have bene obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the track of NO 366 with the lift of DE 800 in order to achieve the predictable result lifting and lowering the vehicle between the two different levels of the storage system.
Claim(s) 8, 9, 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over NO 317 366, as cited by applicant in view of DE 10 2009 051800, as cited by applicant, as applied to claim 1 above, and further in view of WO 2014075937, as cited by applicant.
Regarding claim 8, neither the NO 366 nor the DE 800 reference the third rack system, as claimed. WO 937 teaches:
a third track system comprising:
a fifth set of parallel tracks arranged in a third horizontal plane and extending in a first direction of the third track system; and
a sixth set of parallel tracks arranged in the third horizontal plane and extending in a second direction of the third track system, which is orthogonal to the first direction of the third track system, said fifth and sixth sets of parallel tracks forming a grid pattern in the third horizontal plane comprising a plurality of adjacent grid cells, each grid cell of the third track system comprising a corresponding grid opening defined by a pair of neighboring tracks of the fifth set of parallel tracks and a pair of neighboring tracks of the sixth set of parallel tracks;
storage columns located beneath the third track system for storing storage containers in a plurality of stacks wherein each storage column is located vertically below a corresponding grid opening;
wherein the third horizontal plane is vertically displaced relative to the first horizontal plane of the first track system and the second horizontal plane of the second track system;
wherein the lift mechanism is arranged to move the platform between the first lift stop position, the second lift stop position; and
a third lift stop position establishing access between the platform and the third track system for enabling relocation of the vehicle between a support position on the platform and an operative position on the third track system, see figure 2, which teaches a track system superimposed on a lower track system. Combining the superimposed track system with the track system of the NO 366 reference would result in the third track system.
It would have been obvious to one of ordinary skill in the art before the effective date of filling of the claimed invention to combine an additional set of tracks, as claimed, at a different horizontal plane in order to achieve the predictable result of increasing the storage capacity of the storage and retrieval system accessible by the vehicles.
Regarding claim 9, the combination of the WO 937 reference with the storage and retrieval system taught by NO 366 combines with DE 800 teaches at least a part of an outer perimeter of the third track system relative to the third horizontal plane is adjacent to at least a part of an outer perimeter of the first track system relative to the first horizontal plane and/or at least a part of an outer perimeter of the second track system relative to the second horizontal plane of the second track system, see figure 2 of WO 937.
Regarding claim 11, the combination of WO 937 with NO 366 and DE 800 teaches a support structure configured to support the vehicle when transported to and from the third lift stop position, where the support for the vehicle as taught by DE 800 would extend into the third track system taught by WO 937.
Regarding claim 12, the combination of WO 937 with NO 366 and DE 800 teaches the support structure extends between the third track system and the first track system below the third track system and/or the second track system below the third track system, where the support for the vehicle as taught by DE 800 would extend into the third track system taught by WO 937, and the third track system is taught to be superimposed above the first track system when combined with the NO 366 track system.
Regarding claim 13, the combination of WO 937 with NO 366 and DE 800 teaches the second track system is vertically below the third track system, where the third track system is taught to be superimposed above the first track system when combined with the NO 366 track system.
Allowable Subject Matter
Claims 10, 16-18 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.
Regarding claim 10, the prior art teaches a third track device would be obvious to combine with the track system of NO 366, but above the first track device. The prior art does not teach adding a track system in the location that would result in the vehicle lift device is in a gap between an outer perimeter of the first track system relative to the first horizontal plane and an outer perimeter of the third track system relative to the third horizontal plane and/or between an outer perimeter of the second track system relative to the second horizontal plane and the outer perimeter of the third track system relative to the third horizontal plane. It would not be obvious to design the system in the configuration as claimed, and therefore claim 10 is found to be allowable.
Regarding claim 16, the cited DE 800 reference is the best prior art that teaches the lift mechanism but does not teach the lift mechanism is configured to move the platform in an inclined direction between the first lift stop position and the second lift stop position. A lift mechanism moving in an inclined manner was not found to be taught by the prior art.
Claim 17 and 18 depend from claim 16 and are therefore also objected to.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant cited pertinent prior art on the IDS that show additional examples of automated storage and retrieval systems with grid patterns and lifts, such as US 2023/0211948, which teaches a grid pattern storage system with a lift, but does not teach the second track system and first and second lift stop positions as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAITLIN S JOERGER whose telephone number is (571)272-6938. The examiner can normally be reached M-F 7:30-5 (CST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at (571)270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAITLIN S JOERGER/Primary Examiner, Art Unit 3655
30 June 2026
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