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 .
Response to Amendment
This office action is responsive to the amendment filed 05 February 2026. As directed by the amendment, claims 6-10, 22, and 24 are cancelled. Claims 25-27 are newly presented. Therefore, claims 1-5, 11-21, 23 and 25-27 are presently pending in this application. The changes to claim 12 have overcome the previous rejection under 35 USC 112. The rejection of claim 12 has been withdrawn.
Response to Arguments
Applicant's arguments filed 05 February 2026 have been fully considered but they are not persuasive.
Applicant argues that the cartridge (2, 4) is unclear what the cartridge assembly is. The two pieces of the device are the cartridge and are both used in the whole device as the cartridge.
The internal wall of 4 is formed of a single piece material and still applies to the claim 1 limitation as stated in the updated rejection below.
Applicant argues in claim 5, the shaft 12 does not have a change in diameter, however, as stated in the previous rejection of claim 5, the shaft 12 does taper at end portion which would allow guidance of pellets.
Claim Objections
Claim 2-5, 11-19, 21, and 23 are objected to because of the following informalities: “The drug or medicant dispenser”. The language in claim 1 uses “medicament” as opposed to “medicant”. Appropriate correction is required.
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, 2, 4, 5, 14, 19 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lüchinger (US 2011/0036870).
Regarding claim 1, Lüchinger discloses a drug or medicament dispenser, comprising:
a cartridge (2, 4) comprising a chamber (5) for containing a plurality of medicant pellets (¶[0032]) and a screw pump (¶[0034], 11, 12), wherein the screw pump receives pellets from the chamber (¶[0034]) and, upon rotation of the screw pump, transports the pellets from the chamber to be dispensed from the dispenser via the screw pump (¶[0034]); and
a rotating member (12) extending through the cartridge and configured to rotate the screw pump so as to dispense pellets therefrom (¶[0034]); and
wherein the cartridge (2, 4) further comprises a tapered portion (13, where the chamber 5 tapers from the top to the outlet portion 10) configured to guide pellets contained within the chamber into the screw pump for dispensing from the dispenser via the screw pump as aforesaid (¶[0032]-[0034]); and
wherein the screw pump is located outside of the tapered portion of the cartridge (Fig. 1, where the pump 12 extends the length of the device and can move up and down in the device as indicated by 17);
and wherein an internal wall (where the interior of 4 is a wall space in the cylindrical shape) of the cartridge forms at least the tapered portion (Fig. 1, 13) and part of the screw pump (Fig. 1, where the tapered portion of the internal wall includes 13 and the screw pump), and the internal wall is formed from a single piece of material (where 13 is part of the cartridge portion 4 and is not a modular addition).
Regarding claim 2, Lüchinger discloses the drug or medicant dispenser as claimed in claim 1, wherein the cartridge (4) comprises an exit tube that extends from the tapered portion of the cartridge (Fig. 1, 9, where the dispensing head 9 extends beyond the tapered region), and the exit tube comprises a cylindrical wall forming part of the screw pump (Fig. 1, where the screw portion 11 extends into the region 9 and has adjustable capabilities as indicated by 17) and the internal wall (where 9 works with the cartridge including the internal wall and the pump), wherein the screw pump is displaced from a confluence of the tapered portion and the exit tube (Fig. 1, where the screw portion 11 and pump shaft 12 are distanced from the meeting point of the taper and the dispensing head).
Regarding claim 4, Lüchinger discloses the drug or medicant dispenser as claimed in claim 1, wherein the internal wall (Fig. 1, where the internal wall of 4 is located on the portion 8, additionally) tapers from a first width or diameter to a second width or diameter (Fig. 1, where the ribbed portion 13 tapers from a first diameter at the top portion of 4 to a smaller diameter), wherein the first width or diameter is larger than the second width or diameter (Fig. 1, where the first diameter of 4 is larger than the diameter of the ribbed and tapered portion below), and wherein the internal wall has the first width or diameter in a portion of the cartridge above the tapered portion (Fig. 1, where the internal wall portion of 4 has a larger diameter), and the internal wall tapers from the first width or diameter to the second width or diameter as it extends through the tapered portion (Fig. 1, where the internal wall 4 is a larger diameter section and the tapered portion of 13 is a smaller diameter region).
Regarding claim 5, Lüchinger discloses the drug or medicant dispenser as claimed in claim 1, wherein the rotating member tapers from a first diameter to a second diameter as it extends through the tapered portion of the cartridge (Fig. 1, where the shaft 12 has a standard diameter but tapers to a rounded end at the end near 18), wherein the first diameter is larger than the second diameter, and wherein the rotating member has the first diameter in a portion of the cartridge above the tapered portion, and the rotating member tapers from the first diameter to the second diameter as it extends through the tapered portion of the cartridge (Fig. 1, where the rod 12 has a larger first diameter starting near 15 and extends to a tapered smaller diameter at the end near 18).
Regarding claim 14, Lüchinger discloses the drug or medicant dispenser as claimed in claim 1, comprising a plurality of pellets providing an oral dosage form contained within the chamber (Fig. 1, where the device has an outlet that is useable for oral delivery, and further can house a variety of dosages or dosage materials suitable for oral delivery, ¶[0032]-[0035]).
Regarding claim 19, Lüchinger discloses the drug or medicant dispenser as claimed in claim 1, wherein the screw pump comprises only one or two screw threads formed around the rotating member (Fig. 1, 11, where the threading is formed around shaft 12 and there is only one or two separate threads), such that the screw pump forms part of the rotating member (Fig. 1, 11 & 12, where 11 and 12 are connected to form an overall rotating member and screw pump).
Regarding claim 23, Lüchinger discloses the drug or medicant dispenser as claimed in claim 2, wherein the internal wall of the cartridge tapers from a first width or diameter to a second width or diameter, wherein the first width or diameter is larger than the second width or diameter, and wherein the internal wall has the first width or diameter in a portion of the cartridge above the tapered portion, and the internal wall tapers from the first width or diameter to the second width or diameter as it extends through the tapered portion (Fig. 1, where the cartridge portion 4 tapers from a top portion above the ribs 13 to a smaller diameter area on the inner wall side of the cartridge device, similarly portion 2 tapers from a top portion to a smaller diameter bottom portion as well).
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.
Claims 3, 11, 18 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Lüchinger (US 2011/0036870).
Regarding claim 3, Lüchinger discloses the drug or medicant dispenser device as claimed in claim 2, wherein the tapered portion extends a distance in a first direction (Fig. 1, where the tapered portion starting with the ribs 13 extend in a direction), wherein the screw pump is displaced from the confluence of the tapered portion and the exit tube in the first direction by at least 50% of the distance.
There is no evidence of record that establishes that displacing the screw pump from the tapered portion and the exit tube in the first direction by at least 50% of the distance in Lüchinger would result in a difference in function of the Lüchinger device. Further, a person having ordinary skill in the art, being faced with modifying the device of Lüchinger, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended being given the claimed distance. Lastly, applicant has not disclosed that the claimed range solves any stated problem, indicating that the dimension “may” be within the claimed range, and offering other acceptable ranges and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result.
The device of Lüchinger requires at least some displacement and changing the displacement to be a specified distance would not change the functionality of the device.
Regarding claim 11, Lüchinger discloses the drug or medicant dispenser as claimed in claim 1, the chamber containing a plurality of medicant pellets, however, Lüchinger does not specifically teach wherein a largest dimension of the pellets is between about 150 µm and 1500 µm.
There is no evidence of record that establishes that changing the largest dimension of the dosage material in Lüchinger would result in a difference in function of the Lüchinger device. Further, a person having ordinary skill in the art, being faced with modifying the device of Lüchinger, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended being given the claimed dimensions. Lastly, applicant has not disclosed that the claimed range solves any stated problem, indicating that the dimension “may” be within the claimed range (¶[0009] from specification), and offering other acceptable ranges and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the dosage material of Lüchinger to have a largest dimension of between about 150 µm and 1500 µm.as an obvious matter of design choice within the skill of the art.
Regarding claim 18, Lüchinger discloses the drug or medicant dispenser as claimed in claim 1, comprising a plurality of pellets providing an oral dosage form contained within the chamber wherein the screw pump comprises one or more screw threads having a variable pitch (Fig. 1, 11, where the threading around the shaft is not a perfectly straight curve, but as can be seen, has sloping portions and raised portions).
Lüchinger does not specifically teach wherein a maximum pitch of each of the one or more screw threads is between 4 mm and 8 mm
There is no evidence of record that establishes that changing the pitch of the screw threads would change the function of the Lüchinger device. Further, a person having ordinary skill in the art, being faced with modifying the device of Lüchinger, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended being given the claimed dimensions. Lastly, applicant has not disclosed that the claimed range solves any stated problem, indicating that the dimension “could be” or are “optionally” within the claimed range (¶[0196] from specification), and offering other acceptable ranges and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the dosage material of Lüchinger to have the maximum pitch of each of the screw threads be between 4 mm and 8 mm as an obvious matter of design choice within the skill of the art.
Regarding claim 25, The drug or medicament dispenser as claimed in claim 1, the chamber containing a plurality of medicament pellets, and the screw pump comprises a screw thread and the screw thread comprises a channel depth less than 4 times a diameter of the pellets.
There is no evidence of record that establishes that changing the channel depth Lüchinger would result in a difference in function of the Lüchinger device. Further, a person having ordinary skill in the art, being faced with modifying the device of Lüchinger, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended being given the claimed dimensions. Lastly, applicant has not disclosed that the claimed range solves any stated problem, indicating that the dimension “may” be within the claimed range (¶[0009] from specification, where the pellet dimensions are , and offering other acceptable ranges and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the dosage material of Lüchinger to have a channel depth of less than 4 times a diameter of the pellets as an obvious matter of design choice within the skill of the art.
Claim(s) 12-13 and 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Lüchinger in view of Gellman (WO 01/52923).
Regarding claim 12, Lüchinger the drug or medicant dispenser as claimed in claim 1, wherein the cartridge extends from a first end to a second, dispensing end, and the screw pump is located at the second, dispensing end of the cartridge.
Lüchinger does not specifically teach wherein the drug or medicant dispenser comprises an electromechanical actuator configured to rotate the rotating member and connecting to the first end of the cartridge, wherein the drug or medicant dispenser comprises a battery powering the electromechanical actuator.
Gellman teaches a delivery device that uses a screw pump and a chamber/cartridge system. The device of Gellman teaches wherein the drug or medicant dispenser comprises an electromechanical actuator configured to rotate the rotating member and connecting to the first end of the cartridge, wherein the drug or medicant dispenser comprises a battery powering the electromechanical actuator (Pg. 8, lines 17-22). Using an actuator, motor and a battery to power a pump is well known in this field of art and would be obvious to implement to a device such as the one provided in Lüchinger. The screw pump in Lüchinger does not prohibit the use of an actuator, motor and battery operation and the device would be improved by allowing the device to be operated by automating the process while still allowing the operator to control the device (Pg. 8, lines 17-22, from Gellman).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Lüchinger to include an actuator, motor and battery to rotate to the rotating member of the device (Pg. 8, lines 17-22 from Gellman).
Regarding claim 13, Lüchinger discloses the drug or medicant dispenser as claimed in claim 12, Gellman further teaches wherein the drug or medicant dispenser is a hand-held drug or medicant dispenser operable using one hand (Pg. 8, lines 17-22, where the device is hand operated, Lüchinger also has a device that is small enough to be held in hand and operated by a user).
Regarding claim 26, Lüchinger discloses a drug or medicament dispenser, comprising:
a cartridge (2, 4) comprising a chamber (5) containing a plurality of free-flowing medicament pellets (¶[0032]) and a screw pump (¶[0034], 11, 12), wherein the screw pump receives pellets from the chamber (¶[0034]) and, upon rotation of the screw pump, transports the pellets from the chamber to be dispensed from the drug or medicament dispenser via the screw pump (¶[0034]);
a rotating member (12) extending through the cartridge and configured to rotate the screw pump so as to dispense pellets therefrom (¶[0034]);
wherein the cartridge (2, 4) further comprises a tapered portion (13, where the chamber 5 tapers from the top to the outlet portion 10) configured to guide pellets contained within the chamber into the screw pump for dispensing from the dispenser via the screw pump as aforesaid (¶[0032]-[0034]); and
wherein the screw pump is located outside of the tapered portion of the cartridge (Fig. 1, where the pump 12 extends the length of the device and can move up and down in the device as indicated by 17), the chamber containing a plurality of medicament pellets (Abstract, where the powder or paste can be in the form of a pellet or have pellet properties).
Lüchinger does not specifically teach an electromechanical actuator configured to rotate the rotating member and connecting to the first end of the cartridge; and a battery powering the electromechanical actuator.
Gellman teaches a delivery device that uses a screw pump and a chamber/cartridge system. The device of Gellman teaches wherein the drug or medicant dispenser comprises an electromechanical actuator configured to rotate the rotating member and connecting to the first end of the cartridge, wherein the drug or medicant dispenser comprises a battery powering the electromechanical actuator (Pg. 8, lines 17-22). Using an actuator, motor and a battery to power a pump is well known in this field of art and would be obvious to implement to a device such as the one provided in Lüchinger. The screw pump in Lüchinger does not prohibit the use of an actuator, motor and battery operation and the device would be improved by allowing the device to be operated by automating the process while still allowing the operator to control the device (Pg. 8, lines 17-22, from Gellman).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Lüchinger to include an actuator, motor and battery to rotate to the rotating member of the device (Pg. 8, lines 17-22 from Gellman).
Lüchinger does not specifically teach the screw pump comprises a screw thread and the screw thread comprises a channel depth less than 4 times a diameter of the pellets.
There is no evidence of record that establishes that changing the channel depth Lüchinger would result in a difference in function of the Lüchinger device. Further, a person having ordinary skill in the art, being faced with modifying the device of Lüchinger, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended being given the claimed dimensions. Lastly, applicant has not disclosed that the claimed range solves any stated problem, indicating that the dimension “may” be within the claimed range (¶[0009] from specification, where the pellet dimensions are , and offering other acceptable ranges and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the dosage material of Lüchinger to have a channel depth of less than 4 times a diameter of the pellets as an obvious matter of design choice within the skill of the art.
Regarding claim 27, Lüchinger discloses a drug or medicament dispenser (1), comprising:
a cartridge (2, 4) comprising a chamber (5) containing a plurality of free-flowing medicament pellets (¶[0032]) and a screw pump (¶[0034], 11, 12), wherein the screw pump receives pellets from the chamber (¶[0034]) and, upon rotation of the screw pump, transports the pellets from the chamber to be dispensed from the drug or medicament dispenser via the screw pump (¶[0034]);
a rotating member (12) extending through the cartridge and configured to rotate the screw pump so as to dispense pellets therefrom (¶[0034]);
wherein the cartridge (2, 4) further comprises a tapered portion (13, where the chamber 5 tapers from the top to the outlet portion 10) configured to guide pellets contained within the chamber into the screw pump for dispensing from the dispenser via the screw pump as aforesaid (¶[0032]-[0034]); and
wherein the screw pump is located outside of the tapered portion of the cartridge (Fig. 1, where the pump 12 extends the length of the device and can move up and down in the device as indicated by 17).
Lüchinger does not specifically teach an electromechanical actuator configured to rotate the rotating member and connecting to the first end of the cartridge; and a battery powering the electromechanical actuator;
Gellman teaches a delivery device that uses a screw pump and a chamber/cartridge system. The device of Gellman teaches wherein the drug or medicant dispenser comprises an electromechanical actuator configured to rotate the rotating member and connecting to the first end of the cartridge, wherein the drug or medicant dispenser comprises a battery powering the electromechanical actuator (Pg. 8, lines 17-22). Using an actuator, motor and a battery to power a pump is well known in this field of art and would be obvious to implement to a device such as the one provided in Lüchinger. The screw pump in Lüchinger does not prohibit the use of an actuator, motor and battery operation and the device would be improved by allowing the device to be operated by automating the process while still allowing the operator to control the device (Pg. 8, lines 17-22, from Gellman).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Lüchinger to include an actuator, motor and battery to rotate to the rotating member of the device (Pg. 8, lines 17-22 from Gellman).
Claim(s) 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Lüchinger (US 2011/0036870) in view of Nuttall (US 5,862,957).
Regarding claim 15, Lüchinger discloses the drug or medicant dispenser as claimed in claim 1, however, Lüchinger does not specifically disclose wherein the rotating member comprises one or more fins located at an entrance to the screw pump and configured to collect and direct pellets into the screw pump.
Nuttall teaches a device that is designed to move a solid object from a top portion to a bottom portion through a screw-like feeding mechanism. Nuttall taches wherein the rotating member comprises one or more fins located at an entrance to the screw pump and configured to collect and direct pellets into the screw pump (Col. 5, lines 38-42, Fig. 4, 13). By modifying the device of Lüchinger to have a part to such as the mixing paddle 13 from Nuttall, the device would be improved by having a part of the device that helps to move and properly direct the material that is being passed through the device, specifically to make sure that any material in the device does not get stuck and cause a backup for the device (Col. 5, lines 38-42).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Lüchinger to include one or more fins located at an entrance to the screw pump and configured to collect and direct pellets into the screw pump (Col. 5, lines 38-42 from Nuttall).
Regarding claim 16, the combination of Lüchinger and Nuttall teaches the drug or medicant dispenser as claimed in claim 15, Nuttall further teaches wherein each of the one or more fins are aligned and associated with a respective screw start of the screw pump (Col. 5, lines 38-42, Fig. 4, 13, where the fin portion 13 is aligned with the rest of the rotation of the device including the screw portion).
Regarding claim 17, Lüchinger discloses the drug or medicant dispenser as claimed in claim 1, however, Lüchinger does not specifically teach wherein the rotating member comprises one or more baffles configured to rotate with the rotating member and assist in moving pellets through the chamber and into the tapered portion (Col. 5, lines 38-42).
Nuttall teaches a device that is designed to move a solid object from a top portion to a bottom portion through a screw-like feeding mechanism. Nuttall taches wherein the rotating member comprises one or more baffles configured to rotate with the rotating member and assist in moving pellets through the chamber and into the tapered portion (Col. 5, lines 38-42, Fig. 4, 13). By modifying the device of Lüchinger to have a part to such as the mixing paddle 13 from Nuttall, the device would be improved by having a part of the device that helps to move and properly direct the material that is being passed through the device, specifically to make sure that any material in the device does not get stuck and cause a backup for the device (Col. 5, lines 38-42).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Lüchinger to include one or more baffles configured to rotate with the rotating member and assist in moving pellets through the chamber and into the tapered portion (Col. 5, lines 38-42 from Nuttall).
Claim(s) 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Lüchinger (US 2011/0036870) in view of Gellman (WO 01/52923) and Deak et al. (US 2017/0028124).
Regarding claim 20, Lüchinger discloses a method of using a drug or medicant dispenser as claimed in claim 1,
Lüchinger does not specifically teach wherein the drug or medicament dispenser comprises an electromechanical actuator configured to rotate the rotating member and connecting to the first end of the cartridge, wherein the drug or medicament dispenser comprises a battery powering the electromechanical actuator, wherein the method comprises:
the electromechanical actuator rotating the screw pump, to cause a precise dose of medicant pellets to be dispensed from the drug or medicant dispenser.
Gellman teaches a delivery device that uses a screw pump and a chamber/cartridge system. The device of Gellman teaches wherein the drug or medicant dispenser comprises an electromechanical actuator configured to rotate the rotating member and connecting to the first end of the cartridge, wherein the drug or medicant dispenser comprises a battery powering the electromechanical actuator (Pg. 8, lines 17-22). The device of Gellman is designed to release a dose and has an operator to release a precise amount of dosing. Using an actuator, motor and a battery to power a pump is well known in this field of art and would be obvious to implement to a device such as the one provided in Lüchinger. The screw pump in Lüchinger does not prohibit the use of an actuator, motor and battery operation and the device would be improved by allowing the device to be operated by automating the process while still allowing the operator to control the device (Pg. 8, lines 17-22, from Gellman).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Lüchinger to include an actuator, motor and battery to rotate to the rotating member of the device (Pg. 8, lines 17-22 from Gellman).
Regarding claim 21, Lüchinger the method as claimed in claim 20, wherein the method further comprises:
filling the chamber with pellets providing an oral dosage form (¶[0032]-[0035]); and
the electromechanical actuator rotating the screw pump by the predetermined amount to cause the predetermined volume or weight of pellets to be dispensed from the drug or medicant dispenser (¶[0032]-[0035], where the pump can be set to rotate until the amount of dosage mater is dispensed and then the device is stopped).
Lüchinger does not specifically teach wherein the drug or medicament dispenser comprises an electromechanical actuator configured to rotate the rotating member and connecting to the first end of the cartridge, wherein the drug or medicament dispenser comprises a battery powering the electromechanical actuator.
Gellman teaches a delivery device that uses a screw pump and a chamber/cartridge system. The device of Gellman teaches wherein the drug or medicant dispenser comprises an electromechanical actuator configured to rotate the rotating member and connecting to the first end of the cartridge, wherein the drug or medicant dispenser comprises a battery powering the electromechanical actuator (Pg. 8, lines 17-22). Using an actuator, motor and a battery to power a pump is well known in this field of art and would be obvious to implement to a device such as the one provided in Lüchinger. The screw pump in Lüchinger does not prohibit the use of an actuator, motor and battery operation and the device would be improved by allowing the device to be operated by automating the process while still allowing the operator to control the device (Pg. 8, lines 17-22, from Gellman).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Lüchinger to include an actuator, motor and battery to rotate to the rotating member of the device (Pg. 8, lines 17-22 from Gellman).
Lüchinger does not specifically teach a controller determining an amount of rotation of the screw pump that will cause a predetermined volume or weight of the medicant pellets to be dispensed from the drug or medicant dispenser.
Deak teaches a lead screw pump with a controller. The device of Deak has a controller (48) that is designed to monitor an output signal of sensors to find sleeve position and infusion speed which corresponds to rotation of the lead screw (¶[0041]). Modifying the combined device of Lüchinger and Gellman to include a controller for determining the rotation of the pump would improve the device by allowing for more precise dispensation and also can include an alarm to notify a user if the dispensing is incorrect (¶[0041]-[0042] from Deak).
Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Lüchinger and Gellman to include a controller to determine the amount of rotation (¶[0041]-[0042] from Deak).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADEN M RITCHIE whose telephone number is (703)756-1699. The examiner can normally be reached M-F 8am-5:30pm.
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/HADEN MATTHEW RITCHIE/Examiner, Art Unit 3783
/BHISMA MEHTA/Supervisory Patent Examiner, Art Unit 3783
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