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EX1028
`EX1028
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`OCADO GROUP PLC EX1028
`
`OCADO GROUP PLC EX1028
`
`

`

`PATENT COOPERATION TREATY
`
`PCT
`INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY
`
`(Chapter II of the Patent Cooperation Treaty)
`
`Applicant's or agent's file reference
`P23135PC00
`
`International application No.
`PCT/EP2013/075671
`
`FOR FURTHER ACTION
`
`See Form PCTAPEA416
`
`International filing date (daymonthWear)
`05.12.2013
`
`Priority date (day/month/year)
`10.12.2012
`
`International Patent Classification (IPC) or national classification and IPC
`INV. B65G1/04
`
`
`
`
`(PCT Article 36 and Rule 70)
`
`
`
`
`Applicant
`
`Jakob Hatteland Display AS
`
`1.
`
`2.
`3.
`
`
`
`This reportis the international preliminary examination report, established by this International Preliminary Examining
`Authority under Article 35 and transmitted to the applicant according to Article 36.
`This REPORTconsists of a total of 5 sheets, including this cover sheet.
`This report is also accompanied by ANNEXES, comprising:
`a.
`(sent to the applicant and to the Iniernational Bureau) a total of 6 sheets, as follows:
`Ed
`sheets of the description, claims and/or drawings which have been amended and/or sheets containing
`rectifications authorized by this Authority, unless those sheets were superseded or cancelled, and any
`accompanying letters (see Rules 46.5, 66.8, 70.16, 91.2, and Section 607 of the Administrative
`Instructions).
`sheets containing rectifications, where the decision was madeby this Authority not to take them into account
`becausethey were not authorized by or notified to this Authority at the time when this Authority began to
`draw up this report, and any accompanying letters (Rules 66.4bis, 70.2(e), 70.16 and 91.2).
`superseded sheets and any accompanyingletters, where this Authority either considers that the
`superseding sheets contain an amendment that goes beyond the disclosure in the international application
`as filed, or the superseding sheets were not accompanied bya letter indicating the basis for the
`amendmentsin the application as filed, as indicated in item 4 of Box No.
`| and the Supplemental Box (see
`Rule 70.16(b)).
`, containing a
`b. 1 (sentto the International Bureau only) a total of (indicate type and number of electronic carrier(s))
`sequencelisting, in electronic farm only, as indicated in the Supplemental Box Relating to Sequence Listing (see
`paragraph 3bis of Annex C of the Administrative Instructions).
`
`L]
`
`L]
`
`
`
`4.—This report contains indications relating to the following items:
`Box No. |
`Basis of the report
`Box No. Il
`Priority
`Box No. Ill
`Non-establishment of opinion with regard to novelty, inventive step and industrial applicability
`Lack of unity of invention
`Reasonedstatement under Article 35(2) with regard to novelty, inventive step or industrial
`applicability; citations and explanations supporting such statement
`Certain documents cited
`
`OOOWOOO
`
`
`Box No. IV
`Box No. V
`
`Box No. VI
`
`Box No. VII Certain defects in the international application
`Box No. VIII Certain observations on the international application
`
`Date of submission of the demand
`
`Date of completion of this report
`
` Authorized officer
`
`
`
`
`
`08.10.2014
`23.02.2015
`
`
`Name and mailing address of the international
`preliminary examining authority:
`— European Patent Office P.B. 5818 Patentlaan 2
`NL-2280 HV Rijswijk - Pays Bas
`))
`Tel. +31 70 340 - 2040
`Id
`=). Fax: +31 70 340 - 3016
`Telephone No. +31 70 340-9954 ome says
`
`Martin, Benoit
`
`ro Frome,
`
`2 D)) ?
`
`
`
`Form PCTAPEA/ 409 (cover sheet) (July 2014)
`
`OCADO GROUP PLC EX1028
`Page 1 of 5
`
`OCADO GROUP PLC EX1028
`Page 1 of 5
`
`

`

`INTERNATIONAL PRELIMINARY REPORT
`ON PATENTABILITY
`
`International application No.
`PCT/EP2013075671
`
`Box No.| Basis of the report
`
`1. With regard to the language, this report is based on
`
`bd
`
`Ol
`
`the international application in the language in whichit wasfiled
`
`atranslation of the international application into , which is the language
`of a translation furnished for the purposesof:
`L international search (under Rules 12.3(a) and 23.1 (b))
`O1 publication of the international application (under Rule 12.4(a))
`O international preliminary examination (under Rules 55.2(a) and/or 55.3(a) and (b))
`
`
`
`2. With regard to the elements’ of the international application, this report is based on (replacement sheets which
`have been furnished to the receiving Office in responseto an invitation under Article 14 are referred to in this
`report as “originally filed" and are not annexedto this report):
`
`Description, Pages
`
`1-8
`
`as originally filed
`
`Claims, Numbers
`1-26
`
`Drawings, Sheets
`
`filed in electronic form on
`
`26-01-2015
`
`18-99
`
`as originally filed
`
`C1
`
`asequencelisting - see Supplemental Box Relating to SequenceListing.
`
`3. 1 The amendments have resulted in the cancellation of:
`L1
`the description, pages
`C1
`the claims, Nos.
`O the drawings, sheets/igs
`LI
`the sequencelisting (specify):
`LO]
`anytable(s) related to sequencelisting (specify):
`
`
`
`4. 0 This report has been established as if (some of) the amendments annexedto this report and listed below
`had not been made, since either they are considered to go beyond the disclosureasfiled, or they were not
`accompaniedbya letter indicating the basis for the amendmentsin the application asfiled, as indicated in the
`Supplemental Box (Rules 70.2(c) and (c-bis)):
`LI
`the description, pages
`C1
`the claims, Nos.
`LO]
`the drawings, sheets‘igs
`[1 the sequencelisting (specify):
`
`
`
`5. 0 This report has been established:
`1 taking into accountthe rectification of an obvious mistake authorized by ar notified to this Authority
`under Rule 91 (Rules 66.1(d-bis) and 70.2(e)).
`L1 without taking into account the rectification of an obvious mistake authorized by or notified to this
`Authority under Rule $1(Rules 66.4bis and 70.2(e)).
`
`
`
`Form PCTAPEA/ 409 (July 2014)
`
`OCADO GROUPPLC EX1028
`Page 2 of 5
`
`OCADO GROUP PLC EX1028
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`
`

`

`INTERNATIONAL PRELIMINARY REPORT
`ON PATENTABILITY
`
`International application No.
`PCT/EP2013075671
`
`6. Ed With regard to top-up searches (Rules 66.1 ter and 70.2(f)):
`bd A top-up search wascarried out by this Authority on 11.02.2015 (all discovered documents are
`listed in the Supplemental Box Relating to Top-up Search).
`O1 Additional relevant documents have been discovered during the top-up search.
`C1 No top-up search wascarried out by this Authority.
`
`7. 1 Supplementary international search report(s) from Authority(ies)
`accountin establishing this report (Rule 45bis.8(b) and (c)).
`
`has/nave been received and taken into
`
`Box No.V Reasoned statement under Article 35(2) with regard to novelty, inventive step or industrial
`applicability; citations and explanations supporting such statement
`
`1. Statement
`
`Novelty (N)
`
`Yes: Claims
`
`1-15
`
`No:
`
`Claims
`
`Inventive step (IS)
`
`Yes: Claims
`
`1-15
`
`No:
`
`Claims
`
`Industrial applicability (IA)
`
`Yes: Claims
`
`1-15
`
`No:
`
`Claims
`
`2. Citations and explanations (Rule 70.7):
`
`see separate sheet
`
`Form PCTAPEA/ 409 (July 2014)
`
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`OCADO GROUP PLC EX1028
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`

`

`INTERNATIONAL PRELIMINARY
`REPORT ON PATENTABILITY
`(SEPARATE SHEET)
`
`International application No.
`
`PCT/EP2013/075671
`
`Re Item V
`
`Reasoned statement with regard to novelty, inventive step or industrial
`applicability; citations and explanations supporting such statement
`
`1
`
`D1
`
`D2
`
`D3
`
`Reference is madeto the following documents:
`
`US 2003/229416 A1 (TAI AKITO [JP] ET AL) 11 December 2003
`(2003-12-11)
`
`JP H10 203647 A (SHINKO ELECTRIC CO LTD) 4 August 1998
`(1998-08-04)
`
`WO 2005/077789 Ai (ICAM S RL [IT]; BIANCO GRAZIANO [IT];
`BIANCO ROBERTO[IT]) 25 August 2005 (2005-08-25)
`
`Novel and inventive - claim 1
`
`2
`
`D2 is regarded as being the prior art closest to the subject-matter of claim 1,
`and discloses:
`
`Remotely operated vehicle for picking up storage bins from a storage system,
`comprising a vehicle body (1) comprising a first section (2) for storing vehicle
`driving means (9) and a second section (28) for receiving any storage bin
`stored in a storage column within the storage system, the second section (28)
`comprising a centrally arranged cavity (28) within the vehicle body (1), the
`cavity (28) having at least one bin receiving opening facing towards the
`storage columns during use, a vehicle lifting device (20) at least indirectly
`connected to the vehicle body (1) for lifting the storage bin into the second
`section (28) andafirst set of vehicle rolling means (8) connected to the
`vehicle body allowing movementof the vehicle alongafirst direction within the
`storage system during use.
`
`2.1
`
`The subject-matter of claim 1 therefore differs from this known D2in that the
`vehicle further comprises:
`
`- a second setof vehicle rolling means connected to the vehicle bodyallowing
`movement of the vehicle along a second direction in the storage system
`during use, the second direction being perpendicular to the first direction,
`wherein at least one of the sets of vehicle rolling means is mounted onto the
`inner wall of the cavity.
`
`2.2
`
`Claim 1 is therefore new.
`
`Form PCT/Separate Sheet/409 (Sheet 1) (EPO-April 2005)
`
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`
`

`

`INTERNATIONAL PRELIMINARY
`REPORT ON PATENTABILITY
`(SEPARATE SHEET)
`
`International application No.
`
`PCT/EP2013/075671
`
`2.3
`
`2.4
`
`The problem to be solved by the present invention may be regarded as
`providing a vehicle with compact dimensions.
`
`The solution to this problem proposed in claim 1 of the present application is
`considered as involving an inventive step. On the basis of D2, as the wheels
`are steerable, the need of a second set of wheels is needless. Furthermore, in
`casethe skilled person would opt for the solution of having unsteerable
`wheels directed in 2 perpendicular directions, as in D3, no hint is given to
`mountthe wheels onto the inner wall of the central cavity, which is also used
`for receiving a bin. Also D1, which doesn't disclose wheels in the central cavity
`does not provide a basis for the solution of the problem.
`
`Dependent claims
`
`3
`
`Claims 2-11 are dependent on claim 1 and claim 12 (with claims 13-15)
`comprises the vehicle according to claim 1 and as such also meet the
`requirements of novelty and inventive step.
`
`Form PCT/Separate Sheet/409 (Sheet 2) (EPO-April 2005)
`
`OCADO GROUP PLC EX1028
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`OCADO GROUP PLC EX1028
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`

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