Final Rejection
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/221/2025 has been entered.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 21-23 and 25 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipate by Akdogen (US 2016/0042151 A1).
Referring to claim 21. Akdogen discloses a method of controlling a vacuum system of a retrieval device for pills (The device 100 may include a container 104, a tube 106 with a nib 108, a vacuum device 110, a valve 112, a positioner 114, and a controller 116; Figure 1; Para. [0038]), the method comprising:
generating vacuum (110; The vacuum source 130 may include a vacuum pump or the like, which provides a vacuum pressure in the hollow core 126 of the tube 106; Para. [0046]) pressure in the vacuum system in fluid communication (through member 106) with an opening (128) defined by a nib (The disposable unit 102 may thus be held by the tube 106 due to the force of the vacuum pressure, which is selected to be sufficiently strong to keep the disposable unit 102 connected to the nib 106 against the force of the weight of the disposable unit 102 and any disturbing or resistive forces such as that imposed by other disposable units 102 nearby, heavy vibrations, movement of the nib 108 or tube 106, or otherwise; Para. [0073]);
receiving, from a pressure sensor (The control system may also or instead include a pressure sensor; Para. [0099]), a pressure signal indicative of pressure at the opening of the nib (e.g., via a pressure sensor that detects when the vacuum line is no longer sealed; Para. [0102]) with vacuum pressure in the vacuum system and the nib unobstructed by material external to the nib (a pressure sensor that detects when the vacuum line is no longer sealed; Para. [012] thus it is construed the pressure in the tube when no articles are attached to be nib is a first pressure measurement; P1);
comparing the pressure signal to a predetermined threshold pressure value (pressure in 106 when nib is sealed; Ps), the predetermined threshold pressure value (Ps pressure indicated the nib has retrieved and articles, the opening is sealed) indicative of blockage in the vacuum system (The disposable unit 102 may thus be held by the tube 106 due to the force of the vacuum pressure, which is selected to be sufficiently strong to keep the disposable unit 102 connected to the nib 106 against the force of the weight of the disposable unit 102 and any disturbing or resistive forces such as that imposed by other disposable units 102 nearby; Para. [0073])
(The pressure sensor may be able to detect whether a dispensable unit has been retrieved, as retrieving a unit and forming a full seal in the vacuum line would result in a drop of pressure below that of the environment outside the mechanism, i.e., a drop measurable by the pressure sensor; Para. [0099]);
initiating a remedial action for the nib if the pressure signal is below the predetermined threshold pressure value (pressure sensor does not detect a pressure increase as the member 106 is driven downwards towards stored members 102, if not articles is connected to the nib, no change detected by the pressure sensor the member 106 moves upwards to retreat to a safe distance, thus aborting the first attempt), wherein the remedial action of the nib includes aborting an attempt to dispense the pills (thus aborting the first attempt).
Referring to claims 22 and 23. Akdogen discloses a method of controlling a vacuum system of a retrieval device for pills (The device 100 may include a container 104, a tube 106 with a nib 108, a vacuum device 110, a valve 112, a positioner 114, and a controller 116; Figure1; Para. [0038]), the method comprising:
wherein adjustment of the first threshold pressure value includes initiating a remedial action for a vacuum pump in fluid communication with the nib (In an aspect, the vacuum device 110 is capable of reversing the direction of air flow, e.g., provided by the vacuum source 130. The direction of the air flow may be reversed, for instance, using a branching line with one or more solenoid valves or using a reversible air pump; Para. [0047]) (The valve 112 may be disposed between the nib 108 and the vacuum device 110, where the valve 112 is operable to controllably apply a vacuum force from the vacuum source 130 through the hollow core 126 to the nib 108. The valve 112 may provide for a suction state when in a first position and a releasing state when in a second position; Para. [0048]).
Referring to claim 25. Akdogen discloses a method of controlling a vacuum system of a retrieval device for pills (The device 100 may include a container 104, a tube 106 with a nib 108, a vacuum device 110, a valve 112, a positioner 114, and a controller 116; Figure1; Para. [0038]), the method comprising:
wherein controlling operation of the vacuum pump includes controlling a supply voltage of the vacuum pump (power (or a related property thereof, e.g., current) supplied to the positioner 114, power supplied to the vacuum device 110 or another component of the device 100, a pulse width modulation (PWM) frequency and duty cycle for a powered component, a property or state of the valve 112 (e.g., the length of time the valve 112 is in a released state or time the tube 106 is in an equalized or equalizing pressure state), Para. [0061]).
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 24 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Akdogen (US 2016/0042151 A1) in view of Dunn (US 8,636,172).
Referring to claims 24 and 27. Akdogen discloses a method of controlling a vacuum system of a retrieval device for pills (The device 100 may include a container 104, a tube 106 with a nib 108, a vacuum device 110, a valve 112, a positioner 114, and a controller 116; Figure1; Para. [0038]), the method comprising:
wherein initiating the remedial action further includes aborting an attempt to retrieve the pill, sending an error condition to a server in communication with the retrieval device, or a combination thereof (The control systems described herein may employ a state machine, such that there are states for normal operation and states for particular or groupings of errors, for example, a state where actuation has been jammed. The state machine may be configured as a directed graph such that a fault results in an observable error state and the device does not remain in a normal operation state when in this condition; Para. [0100]).
Akdogen does not disclose sending an error condition to a server in communication with the retrieval device.
Dunn disclose a medication dispensing apparatus wherein the remedial action includes aborting an attempt to retrieve the pill, sending an error condition to a server in communication with the retrieval device, or a combination thereof (Controller 30 can then render dispenser 20 inoperable and it can also forward a message to Internet Service Provider 66 and onto the clinician browser 74, pharmacist browser 76, or administrator browser 78 (see FIG. 1); Col. 8 line 55).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Akdogen to include sending an error condition to a server in communication with the retrieval device as taught by Dunn because providing an update status of the dispenser to an administrator via a server would allow the administrator to know the dispensing operation has failed and appropriate remedy may be initiated.
Response to Arguments
Applicant's arguments filed 09/22/2025 have been fully considered but they are not persuasive. See modified rejections in view of Akdogen (US 2016/0042151 A1) in view of above Dunn (US 8,636,172).
Applicant argues the limitations added in claim 1 specifically “if the pressure signal is below the predetermined threshold pressure value, wherein the remedial action of the nib includes aborting an attempt to dispense the pills” are disclosed the prior references. In view of the Examiner, Akdogen discloses the pressure sensor detects the pressure at the nib as being a pressure indicative of an unsealed nib as the dispensing member is moved downwards in the article storage chamber. The unsealed pressure is a pressure of the vacuum in member 106 when no article is grasped by the nib, which inherently will be lower than the vacuum pressure detected by the sensor when the nib has effectively grasped an article. Therefore, the limitations as recited in claim 1 are disclosed the Akdogen reference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM EST.
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, Gene Crawford can be reached at (571) 272-6911. 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.
/RAKESH KUMAR/Primary Examiner, Art Unit 3651
Prosecution Insights