Prosecution Insights
Last updated: August 06, 2026
Application No. 18/970,534

RACK OPERATING DEVICE, RACKING SYSTEM AND METHOD FOR ASSEMBLING A RACKING SYSTEM

Non-Final OA §102
Filed
Dec 05, 2024
Priority
Dec 06, 2023 — DE 10 2023 212 314.2
Examiner
ADAMS, GREGORY W
Art Unit
Tech Center
Assignee
Gebhardt Foerdertechnik GmbH
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
1053 granted / 1401 resolved
+15.2% vs TC avg
Strong +24% interview lift
Without
With
+23.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
24 currently pending
Career history
1419
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
61.5%
+21.5% vs TC avg
§102
13.8%
-26.2% vs TC avg
§112
19.0%
-21.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1401 resolved cases

Office Action

§102
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 Rejections - 35 USC § 102 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 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) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ueda (US 9,944,464). Interpretative note 1. "Wherein" in line 1 of claim 1 has been interpreted as the transitional phrase. With respect to claim 1, Ueda discloses- a rack operating device has two masts 14a, 14b extending in a vertical direction and a lifting unit 10a, 10b movably arranged on respective masts 14a, 14b, wherein a lifting unit carries two load-handling devices 11a, 11b that are moveable in a horizontal direction in a lifting unit. With respect to claim 2, Ueda discloses that two masts are arranged offset from one another in a horizontal z-direction, while both masts are arranged essentially identically in an x-direction. (See annotated FIG. 3 reproduced below shows first and second masts arranged diagonally from each other, e.g. offset in a Z direction.) [AltContent: textbox (2nd mast)][AltContent: textbox (1st mast)] PNG media_image1.png 220 242 media_image1.png Greyscale With respect to claim 3, Ueda discloses that two lifting units 10a, 10b arranged next to each other on left and right share a mast arranged between them. With respect to claim 4, Ueda discloses that a lifting unit is fixed to a mast with one degree of freedom in a vertical direction, e.g. lifting unit can move vertically only. With respect to claim 5, Ueda discloses that two load-handling devices 11a, 11b are aligned in opposite orientations in a horizontal direction, e.g. extend horizontally in opposite directions. With respect to claims 6, 10 & 11, Ueda discloses- a rack storage unit with two opposing storage racks 2, wherein two storage racks have one or more compartments (indicated generally as W in FIG. 3) for stored items in a plurality of rack levels arranged one above another; and a rack operating device according to claim 1. With respect to claim 7, Ueda discloses two masts are connected by a one cross strut 16 (or 15) extending in a horizontal direction. With respect to claim 8, Ueda discloses that mast heads of two masts 17, 17, 17, 17 arranged next to one another are connected to one another by a crossbeam 15, 16, 18. With respect to claim 9, Ueda discloses that rack aisle (FIG. 20) that is formed between two storage racks 2, 2, and wherein a mast arranged in a rack aisle is connected to two storage racks by way of one bracing element 23. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY W ADAMS whose telephone number is (571)272-8101. The examiner can normally be reached Mon - Fri, 8am-5pm. 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. /GREGORY W ADAMS/Primary Examiner, Art Unit 3652
Read full office action

Prosecution Timeline

Dec 05, 2024
Application Filed
Jul 23, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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1y 3m to grant Granted Jul 21, 2026
Patent 12677747
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2y 8m to grant Granted Jul 14, 2026
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2y 2m to grant Granted Jul 14, 2026
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
75%
Grant Probability
99%
With Interview (+23.8%)
2y 4m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1401 resolved cases by this examiner. Grant probability derived from career allowance rate.

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