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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1, 3, 4, 5, 7, 8, 9,13, 16, and 18 of U.S. Patent No. 12,187,537 in view of Austrheim et al. (US 2021/0403237).
Regarding claim 1, claim 1 of Austrheim et al. ‘537 recites a container handling vehicle comprising: a power supply compartment in claim 1.
Austrheim et al. ‘537 does not recite the at least one compartment for a storage container. Austrheim et al. ‘2327 teaches a container handling vehicle, 3, for use in an automated storage system, comprising at least one compartment, 24, for a storage container.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the storage compartment of Austrheim et al. ‘237 with the vehicle of Austrheim et al. ‘537 in order to achieve the predictable result of enabling the vehicle to store and transport containers that are to be retrieved or stored within the storage system.
Regarding claim 2, claim 7, which depends from 4 which depends from 3 of Austrheim et al. ‘537 recites the power locking mechanism. Austrheim et al. ‘537 recites the locking assembly is movably connected, while the application claims the locking assembly is pivotably connected, it is understood that pivotably connected is a more specific type of a movable connection. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to pivotably connect the locking mechanism since pivoting is merely one of a finite number of known, predictable ways to achieve movement.
Regarding claim 3, claim 5 of Austrheim et al. ‘537 recites the releasable locking mechanism.
Regarding claim 4, Austrheim et al. ‘237 further teaches the release mechanism is arranged at ornear the opening, see figure 15.
Regarding claim 5, Austrheim et al. ‘237 further teaches a protruding release mechanism, see figure 15.
Regarding claim 6, claim 13 of Austrheim et al. ‘537 teaches the locking elements.
Regarding claim 7, Austrheim et al. ‘237 further teaches the locking elements, 27b,c, arranged on two longitudinal sidewalls interconnected by a structural element, see figure 19.
Regarding claims 8 and 9, Austrheim et al. ‘237 further teaches a lifting device comprising a gripping device and a lifting motor, see paragraph 0033.
Regarding claim 10, claim 1 of Austrheim et al. ‘537 recites a wheel assembly.
Regarding claim 11, Austrheim et al. ‘237 teaches a first and second set of wheels that can be moved, see paragraph 0064.
Regarding claim 12, Austrheim et al. ‘237 teaches the power supply compartment opening facing in the direction in which the container vehicle is configured to move when the first set of wheels are in the lower position, se figures 15 and paragraph 0105.
Regarding claim 13, Austrheim et al. ‘237 teaches the opening is above the compartment for the storage container, see figure 4..
Regarding claim 14, claim 1 of Austrheim et al. ‘537 recites the automated power loader.
Regarding claims 15-16, claims 8-9 of Austrheim et al. ‘537 recites the power support, guides arms, and rail system.
Regarding claims 17 and 18, claim 1 of Austrheim et al. ’537 recites the horizontal rail system and automated loader.
Regarding the method of claims 19 and 20, claims 16 and 18 of Austrheim et al. ‘537 recited the claims method steps.
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.
Claim(s) 1-17, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hognaland (US 2016/0325932).
Regarding claim 1, Hognaland teaches a container handling vehicle, 1, for use in an automated storage system, 3, the container handling vehicle comprising:
at least one compartment for a storage container, see underside of vehicle shown in figure 2; and
a power supply compartment, 24, for accommodating a replaceable power supply, 6, wherein the power supply compartment is arranged to receive the replaceable power supply via an opening facing in a direction in which the container handling vehicle is configured to move, see figure 7 which shows the opening aligned in the direction of travel of wheels 11.
Regarding claim 2, Hognaland teaches the power supply compartment, 24, comprises a power supply locking assembly, 22, arranged to hold the replaceable power supply, 6, in place within the power supply compartment, the power supply locking assembly pivotably connected to an upper part of the container handling vehicle, see figures 7,8a through 8d and paragraphs 0051, such that the power supply locking assembly is configured to pivot between a first position, in which the power supply locking assembly is configured to hold the replaceable power supply in place, see figure 7 showing the power supply installed in the compartment, and a second position, wherein the replaceable power supply is configured to be moved, see figures 8a through 8d and paragraph 0051.
Regarding claim 3, Hognaland teaches the power supply locking assembly is locked in the first position by a releasable locking mechanism, see paragraph 0051.
Regarding claim 4, Hognaland teaches the releasable locking mechanism comprises a release mechanism arranged at or near the opening, see paragraph 0051.
Regarding claim 5, Hognaland teaches the releasable locking mechanism comprises a protruding release mechanism, 25, see paragraph 0051.
Regarding claim 6, Hognaland teaches the power supply locking assembly comprises locking elements, 22, 23, 25, and 26, wherein the locking elements are arranged to interact with the replaceable power supply, when the replaceable power supply is arranged in the power supply compartment and the power supply locking assembly is in the first position, such that the replaceable power supply is prevented from moving in at least a lateral direction, see figures 7 and 8a through 8d and paragraph 0051.
Regarding claim 7, Hognaland teaches the locking elements, 22, are arranged on two longitudinal sidewalls interconnected by a structural element, such that the two longitudinal sidewalls are fixed relative to each other, see paragraph 0051.
Regarding claim 8, Hognaland teaches further comprising a lifting device, 9, arranged to transport the storage container vertically between a storage position in a stack and a transport position in a storage space, see paragraphs 0046 through 0048.
Regarding claim 9, Hognaland teaches the lifting device comprising: a gripping device, configured to releasably grip the storage container; and a lifting motor configured to raise and lower the gripping device relative to the storage space, see paragraph 0047 which describes the lifting device being raised and lowered and to hook onto a storage bin.
Regarding claim 10, Hognaland teaches a wheel assembly, 10 and 11, for guiding the container handling vehicle along a track system in X and Y directions, wherein the X and Y directions are substantially orthogonal, see paragraph 0046.
Regarding claim 11, Hognaland teaches the wheel assembly comprises a first set of wheels, 11, arranged to engage with a first set of tracks of the track system, and a second set of wheels, 10, arranged to engage with a second set of tracks of the track system, the first set of wheels can be moved between an upper position and a lower position, such that the first set of wheels engage with the first set of tracks in the lower position and the second set of wheels engage with the second set of tracks in the upper position, see paragraph 0033 which teaches the lowering and raising of the vehicle body through the elongation (lowering and raising) of driving means, 10, 11.
Regarding claim 12, Hognaland teaches the power supply compartment is arranged to receive the replaceable power supply via the opening facing in the direction in which the container handling vehicle is configured to move when the first set of wheels are in the lower position, see figure 7.
Regarding claim 13, Hognaland teaches the opening is above the at least one compartment for the storage container, see figure 7.
Regarding claim 14, Hognaland teaches an automated storage and retrieval system, 3, comprising: the container handling vehicle of claim 1; and an automated loader comprising a power supply support, 20, the power supply support arranged to retrieve a first replaceable power supply out from the power supply compartment and to insert a second replaceable power supply into the power supply compartment, see figures 8a through 8d and paragraph 0051.
Regarding claim 15, Hognaland teaches the power supply support comprises two laterally extending guide arms, 25, configured to support one of the first replaceable power supply or the second replaceable power supply, see figures 7-9 and paragraph 0051.
Regarding claim 16, Hognaland teaches at least one of the two laterally extending guide arms comprises an end for interaction with a releasable locking mechanism or a power supply locking assembly, see paragraph 0051.
Regarding claim 17, Hognaland teaches a horizontal rail system, 13 and 14, for the container handling vehicle to run on, wherein the container handling vehicle is configured to move upon the horizontal rail system in a first direction and a second direction perpendicular to the first direction, see figure 5 and paragraph 0049.
Regarding claim 19, Hognaland teaches a method of transferring a replaceable power supply accommodated within a power supply compartment of a container handling vehicle to an unoccupied charging position in a charging rack of a charging station using an automated loader comprising a power supply support, the method comprising:
maneuvering the container handling vehicle into position where the power supply support is at least partly protruding into the power supply compartment containing the replaceable power supply;
loading the replaceable power supply onto the power supply support; and
transferring the replaceable power supply on the power supply support from the container handling vehicle to the unoccupied charging position in the charging rack of the charging station, see figures 8a through 8d and paragraph 0051.
Regarding claim 20, Hognaland teaches the transferring of the replaceable power supply from the power supply compartment of the container handling vehicle to the power supply support is achieved by adjusting a height of the power supply support of the automated loader relative the power supply compartment, see paragraph 0051.
Allowable Subject Matter
Claim 18 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.
Regarding claim 18, the applicant claim the automated loader is configured to move in said first direction and said second direction for exchanging and transporting the second replaceable power supply between a charging rack and the power supply compartment of the container handling vehicle by: retrieving the first replaceable power supply from the power supply compartment and inserting the first replaceable power supply into a charging position of the charging rack: and retrieving the second replaceable power supply from the charging rack and inserting the second replaceable power supply into the power supply compartment of the container handling vehicle by the automated loader extending into said charging rack and said power supply compartment.
The prior art, including Hognaland, and other examples such as US 2021/0155407, and US 2021/0403237 teach automatic loaders that are stationary, where the container handling vehicle is moved toward the automatic loader. The examiner was unable to find a teaching on an automatic loader movable in a first and second direction on the rail system, as claimed. This feature is found to be allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art cited on the PTO-892 such as US 2021/0155407 and US 2021/0403237 are further examples of automated storage systems with replaceable power supplies and exchange systems. They are included to show the general state of the prior art.
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
18 September 2026
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