Prosecution Insights
Last updated: October 02, 2026
Application No. 18/934,029

ORDER FULFILLMENT SYSTEM

Non-Final OA §102§103§112
Filed
Oct 31, 2024
Priority
Jun 02, 2015 — provisional 62/169,615 +5 more
Examiner
KEENAN, JAMES W
Art Unit
Tech Center
Assignee
Symbotic LLC
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
772 granted / 1155 resolved
+6.8% vs TC avg
Strong +24% interview lift
Without
With
+24.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
34 currently pending
Career history
1183
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
43.2%
+3.2% vs TC avg
§102
16.2%
-23.8% vs TC avg
§112
35.4%
-4.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1155 resolved cases

Office Action

§102 §103 §112
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claims 13, 14, 16 and 20 are objected to because of the following informalities: In line 1 of each of claims 13, 14 and 20, --of-- should be inserted after “moving”. In line 1 of claim 16, “the pulling” should be --wherein the pulling of--. Appropriate correction is required. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1, lines 12-13, it is not clear what is meant by “a movable surface ... configured to move with the movable surface”. Claim 8, line 6 and claim 18, line 5, the recitations “the first surface of the second tote” lack antecedent basis. Claim 11, lines 9-10, it is not clear what is meant by “a transfer system of the mobile robot without lateral movement of the mobile robot”. It is believed applicant may have intended to place the comma in line 9 after “robot” rather than after “motor”. 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 1-8, 10-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by King (US 7,381,022, cited by applicant). King shows a mobile robot 56 for transferring totes 115 comprising: a horizontal transit system 58 configured to self-propel the mobile robot horizontally along horizontal tracks 79 extending along aisles within a storage structure 105 (Figs. 3, 5, 6, 12, 15, 16); and a transfer system 125 for transferring a tote from a first storage shelf 109, at a first level of multiple levels of the storage structure and within a first aisle of the aisles of the storage structure, to the mobile robot while the mobile robot is positioned at the first level and within the first aisle and without lateral movement of the mobile robot within the first aisle toward the first storage shelf (Figs. 17A-F and col. 11:17 to col. 12:21), the tote comprising a first wall configured to be oriented parallel to an axis of transfer of the tote from the first storage shelf to the mobile robot, and a second wall and a third wall each oriented perpendicular to the first wall, the first wall positioned between the second wall and the third wall (walls are not separately identified but first, second and third walls meeting such limitations are readily apparent in at least Figs. 5, 12, 13 and 17A-F), the transfer system comprising (see Fig. 6): a transfer motor 131; a movable surface 129 coupled to the transfer motor [and configured to move with the movable surface]; a first finger 127A or 127B mounted to the movable surface and configured to move with the movable surface; wherein the first finger is configured to engage against a first surface 117A or 117B formed on the first wall of the tote to pull the tote from the first storage shelf onto the mobile robot (Figs. 17A-F). Re claim 2, a portion of the first finger extends underneath and behind the first surface to engage against the first surface to pull the tote onto the mobile robot (Figs. 17E-D, noting that pulling the bin onto the robot is shown in reverse sequence in Figs. 17A-F, i.e., the first step is Fig. 17F and continues in sequence to Fig. 17A). Re claim 3, the first finger comprises a length, a proximal end, and a distal end separated from the proximal end by the length (not separately identified but readily apparent in Figs. 6 and 17A-F), wherein the first finger is secured with the movable surface at the proximal end, with the length substantially parallel with the first wall of the tote, and the first finger comprising: a first tote contacting surface configured to engage against the first surface as the tote is pulled onto the mobile robot (e.g., Fig. 17D when moving clockwise), and a second tote contacting surface configured to engage against a second surface of the tote in moving the tote off of the mobile robot (e.g., Fig. 17E when moving counter-clockwise). Re claim 4, the first finger comprises a length, a proximal end, and a distal end separated from the proximal end by the length, wherein the first finger is secured with the movable surface at the proximal end, with the length substantially parallel with the first wall of the tote, and the first finger comprising a first tote contacting surface proximate the distal end, in the same manner noted above with respect to claim 3. Re claim 5, the transfer system further comprises: a second finger (whichever of 127A or 127B is not considered the first finger) secured with the movable surface and comprises a second length wherein the second finger extends from the movable surface along the length substantially parallel with the first wall of the tote, and the second finger comprising a second tote contacting surface configured to contact one or more surfaces of the tote. Re claim 6, the mobile robot, in pulling the tote onto the mobile robot, is configured to move the first tote contacting surface into a pocket formed on the first wall and engage the first surface formed within the pocket (Fig. 17E). Re claim 7, the second tote contacting surface of the second finger is configured to engage against a second surface (whichever of 117A or 117B is not considered the first surface) of the tote in moving the tote off of the mobile robot; wherein the mobile robot, in moving the tote off of the mobile robot in a first direction, is configured to: cause the first tote contacting surface to induce a first force against the first surface and move the tote a first distance in the first direction (Figs. 17A-B); and position the second finger to cause the second tote contacting surface to induce a second force against the second surface and move the tote a second distance in the first direction after the tote is moved the first distance (Figs. 17C-E). Re claim 8, although the process is not explicitly described, the mobile robot is configured to move totes to and from racks on both sides of the aisles in which the mobile robot travels (see Figs. 3 and 11, and note col. 8:66-67, col. 9:49-50 and col. 12:30-31). As such, the first finger is considered to inherently comprise a third tote contacting surface; and the mobile robot, in moving a second tote off of the mobile robot in a second direction opposite the first direction, is configured to: cause the third tote contacting surface to induce a third force against a third surface of the second tote, opposite [the] a first surface of the second tote, and move the second tote a third distance in the second direction (i.e., analogous to Figs. 17A-B but in the opposite direction towards a rack on the other side of the robot); and position the second finger to cause the second tote contacting surface to induce a fourth force against a fourth surface of the second tote and move the second tote a fourth distance in the second direction after the second tote is moved the third distance (i.e., analogous to Figs. 17C-E but towards a rack on the other side of the robot). Re claim 10, the horizontal transit system further comprises a first sprocket 130 and a second sprocket 130 spaced from the first sprocket (Fig. 6), and wherein the movable surface extends around the first sprocket and the second sprocket, and wherein the mobile robot controls a rotation of the first sprocket in controlling the movement of the movable surface and the first finger. Re claim 11, King discloses a method of transferring a tote 115 by a mobile robot 56, the method comprising: self-propelling the mobile robot along a horizontal track 79 extending along an aisle at a first level of multiple levels within a storage structure 105 (Figs. 3, 15, 16); positioning the mobile robot within the aisle and aligned with a first tote at a first storage shelf within the storage structure (Fig. 17F), wherein the tote comprises a first wall configured to be oriented parallel to an axis of transfer of the tote from the first storage shelf to the mobile robot, and a second wall and a third wall each oriented perpendicular to the first wall, the first wall positioned between the second wall and the third wall (Figs. 5, 12, 13 and 17A-F); and controlling a transfer motor 131[,] of a transfer system 125 of the mobile robot, without lateral movement of the mobile robot within the aisle toward the first storage shelf, in moving a movable surface 129 of the transfer system causing movement of a first finger 127A/B mounted to the movable surface, and engaging the first finger against a first surface 117A/B formed on the first wall of the tote inducing a first force and pulling the tote from the first storage shelf onto the mobile robot (Figs. 17A-F in reverse order). Re claim 12, the moving of the first finger in engaging the first surface comprises moving a portion of the first finger to extend underneath and behind the first surface and engaging against the first surface in pulling the tote onto the mobile robot, in substantially the same manner noted above with respect to similar claim 2. Re claim 13, the moving of the first finger in engaging the first surface comprises moving the first finger with a length of the first finger being substantially parallel with the first wall of the tote and engaging the first surface by a first tote contacting surface, of the first finger, that is proximate a distal end of the first finger and pulling the tote onto the mobile robot; and controlling movement of the first finger engaging a second tote contacting surface, of the first finger, against a second surface of the tote in moving the tote off of the mobile robot, in substantially the same manner noted above with respect to similar claim 3. Re claim 14, the moving of the first finger in engaging the first surface comprises moving the first finger with a length of the first finger being substantially parallel with the first wall of the tote and engaging the first surface by a first tote contacting surface, of the first finger, that is proximate a distal end of the first finger, in substantially the same manner noted above with respect to similar claim 4. Re claim 15, the method further comprises: controlling movement of a second finger, secured with the movable surface, such that a second length of the second finger is substantially parallel with the first wall of the tote; and engaging a second tote contacting surface, of the second finger, with a second surface of the tote, in substantially the same manner noted above with respect to similar claim 5. Re claim 16, the pulling of the tote onto the mobile robot comprises moving the first tote contacting surface into a pocket formed on the first wall and engaging the first surface formed within the pocket, in substantially the same manner noted above with respect to similar claim 6. Re claim 17, the method further comprises: moving the tote off of the mobile robot in a first direction comprising: causing the first tote contacting surface to induce a first force against the first surface and moving the tote a first distance in the first direction; and positioning a second finger to cause a second tote contacting surface of the second finger to engage a second surface of the tote; and inducing a second force, by the second tote contacting surface, against the second surface and move the tote a second distance in the first direction after the tote is moved the first distance, in substantially the same manner noted above with respect to similar claim 7. Re claim 18, the method further comprises: moving a second tote off of the mobile robot in a second direction opposite the first direction comprising: causing a third tote contacting surface of the first finger to engage a third surface of the second tote, wherein the third surface is opposite [the] a first surface of the second tote; inducing, by the third tote contacting surface, a third force against the third surface of the second tote and moving the second tote a third distance in the second direction; and inducing, by the second tote contacting surface of the second finger, a fourth force against a fourth surface of the second tote and moving the second tote a fourth distance in the second direction after the second tote is moved the third distance, in substantially the same manner noted above with respect to similar claim 8. Re claim 20, the moving of the first finger comprises: controlling rotation of one of a first sprocket and a second sprocket, around which the movable surface extends, in controlling the movement of the movable surface and the first finger, in substantially the same manner noted above with respect to similar claim 10. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over King in view of Maruyama (US 5,551,823, cited by applicant). King does not explicitly disclose that the first and second tote contacting surfaces comprise respective first and second rollers, although it appears from Figs. 6 and 17A-F that rollers are positioned on the distal ends of the first and second fingers. Maruyama discloses a generally similar apparatus for transferring a tote T between a mobile article handling device 62 and a shelf 63 of a storage rack 61, wherein at least the Figs. 22-26 embodiment shows tote contacting surfaces in the form of rollers 588 disposed at the distal ends of fingers 580 mounted to a movable surface 584 of a transfer system 560, wherein the fingers engage a surface B on a wall H of the tote to push or pull the tote from the article handling device to the rack or vice-versa. To any extent King is deemed to not disclose rollers as the first and second tote contacting surfaces, it would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the apparatus and method of King by configuring the first and second tote contacting surfaces of the fingers as first and second rollers, as taught by Maruyama, to reduce friction between the fingers and the contact surfaces of the tote. Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Keenan whose telephone number is (571)272-6925. The examiner can normally be reached Mon. - Thurs. 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. 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. /James Keenan/ Primary Examiner Art Unit 3652 8/26/26
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Prosecution Timeline

Oct 31, 2024
Application Filed
Aug 31, 2026
Non-Final Rejection mailed — §102, §103, §112 (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
67%
Grant Probability
91%
With Interview (+24.1%)
2y 10m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1155 resolved cases by this examiner. Grant probability derived from career allowance rate.

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