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 Arguments
Applicant argues that rationale for modifying Finnestad with Linnebur is improper and lacking. Applicant further argues that Linnebur is not analogous art.
In response, the Examiner respectfully disagree with the Applicant. In para.0026 of Finnestad, it clearly states that the dispenser 10 can be a wall-mounted container. Thus, the modification of Finnestad with the teachings of Linnebur is proper and the rejection provided sufficient evidence for the reasons why one of ordinary skill in the art would make such a modification. Finnestad is a dispensing container that can be wall-mounted. Linnebur is a dispensing container that is mounted to the wall, as illustrated in the figures. Finnestad and Linnebur are apparently analogous art. Therefore, to modify Finnestad, a wall-mounted dispensing container, with the teachings of Linnebur, another wall-mounted dispensing container is proper and one of ordinary skill in the art would make such a modification.
Applicant argues that the Finnestad reference does not teach and/or suggest the limitations of newly amended independent claim 37.
In response, the Examiner respectfully disagree with the Applicant. The newly added limitation pertaining to the sloping lower guide surface is exactly the same as the element construed as the sloping lower guide surface in the prior art. The rejection of claim 37 is restated herein with explanatory comments embedded therein:
Claim 37, Finnestad discloses an injection device storage container for storing in a household refrigerator, the injection device storage container comprising: a case (fig.1; the case is herein defined as the perimeter of 10 which includes the region of 57a,65,61) configured to fit within a compartment of the household refrigerator (Finnestad’s case is fully capable to fit within the compartment of a household refrigerator; it well known that most refrigerators have shelves that adjustable for different size items and compartments of varying sizes for various sized items) and configured to contain at least one injection device for delivering a medicament; and a hanger arrangement (para.0026; wall mounted container) coupled to the case and configured to suspend the case from a supporting wall of the household refrigerator; a propulsion mechanism (74); wherein the case (20) comprises an upper panel (by 61) having an opening (60) formed therein through which the at least one injection device can be dispensed, wherein the opening (60) is arranged such that, when the case is suspended from the supporting wall of the household refrigerator, the at least one injection device is dispensed in a horizontal orientation through the opening (see figures), wherein the propulsion mechanism (74) is configured to propel the at least one injection device contained in the case towards the opening (60), wherein the propulsion mechanism comprises a resilient member (74) configured to apply a force to the at least one injection device to move it towards the opening, wherein the injection device storage container further comprises a guiding arrangement (28; lower, sloping surface that’s below 64, adjacent 12) located within the case, wherein the guiding arrangement defines a path along which the at least one injection device can be guided towards the opening; wherein the guiding arrangement (lower, sloping surface that’s below 64, adjacent 12) comprises a sloping lower guide surface (adjacent 12, below 64) that slopes upwards towards the opening (60) in the upper panel of the case such that the at least one injection device can be moved by the resilient member (74) up the sloping lower guide surface towards the opening; and wherein the sloping lower guide surface (adjacent 12, below 64) at least partially defines a passage (fig.1; sloping lower guide surface clearly defines a passage partially) having a substantially constant height (see fig.1; the Applicant’s sloping lower guide surface is element 420 depicted in fig.5 of the drawings; element 420 is precisely identical to the element construed as the sloping lower guide surface in fig.1 of Finnestad) through which the at least one injection device can be guided along the path (see figure).
Claim Rejections - 35 USC § 103
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 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 16-19,21-23,29-34 rejected under 35 U.S.C. 103 as being unpatentable over Finnestad et al. (US 2009/0114671) in view of Linnebur (US 2006/0118567).
Claim 16, Finnestad discloses an injection device storage container for storing in a household refrigerator, the injection device storage container comprising: a case (20) configured to fit within a compartment of the household refrigerator (Finnestad’s case is fully capable to fit within the compartment of a household refrigerator; it well known that most refrigerators have shelves that adjustable for different size items and compartments of varying sizes for various sized items) and configured to contain at least one injection device for delivering a medicament: and a hanger arrangement (para.0026; wall mounted container) coupled to the case and configured to suspend the case from a supporting wall of the household refrigerator: wherein the case (20) comprises an upper panel (by 61) having an opening (60) formed therein through which the at least one injection device can be dispensed, and wherein the opening (60) is arranged such that, when the case is suspended from the supporting wall of the household refrigerator, the at least one injection device is dispensed in a horizontal orientation through the opening (see figures).
Finnestad does not disclose wherein the hanger arrangement comprises an extending part and a hook, wherein the extending part extends from the case in substantially a same plane as a front wall of the case, and wherein the hook hooks over a top edge of the supporting wall.
Linnebur discloses wherein the hanger arrangement (7,8; fig.4) comprises an extending part (left 8 element) and a hook (right 8 element), wherein the extending part (left 8 element) extends from the case (2) in substantially a same plane as a front wall (by 2) of the case, and wherein the hook (right 8 element) hooks over a top edge of the supporting wall (the hook is fully capable of hooking over a top edge of a supporting wall). Therefore, it would have been obvious to one of ordinary skill in the art to
provide the dispenser of Finnestad with wherein the hanger arrangement comprises an extending part and a hook, wherein the extending part extends from the case in substantially a same plane as a front wall of the case, and wherein the hook hooks over a top edge of the supporting wall simply because it’s a very well-known mounting configuration in the dispensing and storage art and merely provides another way of mounting the case on a vertical surface.
Claim 17, Finnestad discloses wherein the opening (60) is dimensioned so that only one injection device of the at least one injection device can be dispensed through the opening at a time.
Claim 18, Finnestad discloses a guiding arrangement (28) located within the case (20), wherein the guiding arrangement defines a path along which the at least one injection device can be guided towards the opening (60).
Claim 19, Finnestad discloses wherein the guiding arrangement (28) comprises a conduit (28) through which the at least one injection device can move.
Claim 21, Finnestad discloses a propulsion mechanism (74) configured to propel the at least one injection device contained in the case towards the opening (60).
Claim 22, Finnestad discloses wherein the propulsion mechanism (74) comprises a resilient member (74) configured to apply a force to the at least one injection device to move it towards the opening.
Claim 23, Finnestad discloses a restraining member (by 65) arranged adjacent the opening (60) to inhibit removal of the at least one injection device from the opening.
Claim 29, Finnestad does not explicitly disclose wherein the hanger arrangement is integrally formed with the case.
Linnebur discloses wherein the hanger arrangement (7,8) is integrally formed with the case (2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Finnestad with wherein the hanger arrangement is integrally formed with the
case because it’s a very well-known wall-mounting configuration in the art and merely requires routine skill to implement.
Claim 30, Finnestad discloses a system comprising: an injection device storage container for storing in a household refrigerator, the injection device storage container comprising: a case (20) configured to fit within a compartment of the household refrigerator (Finnestad’s case is fully capable to fit within the compartment of a household refrigerator; it well known that most refrigerators have shelves that adjustable for different size items and compartments of varying sizes for various sized items) and containing at least one injection device for delivering a medicament; and a hanger arrangement (para.0026; wall-mounted container 20) coupled to the case and configured to suspend the case from a supporting wall of the household refrigerator, wherein the case (20) comprises an upper panel (by 65) having an opening (60) formed therein through which the at least one injection device can be dispensed, and wherein the opening (60) is arranged such that, when the case is suspended from the supporting wall of the household refrigerator, the at least one injection device is dispensed ina horizontal orientation through the opening (see figures); and the at least one injection device contained within the injection device storage container.
Finnestad does not disclose wherein the hanger arrangement comprises an extending part and a hook, wherein the extending part extends from the case in substantially a same plane as a front wall of the case, and wherein the hook hooks over a top edge of the supporting wall.
Linnebur discloses wherein the hanger arrangement (7,8; fig.4) comprises an extending part (left 8 element) and a hook (right 8 element), wherein the extending part (left 8 element) extends from the case (2) in substantially a same plane as a front wall (by 2) of the case, and wherein the hook (right 8 element) hooks over a top edge of the supporting wall (the hook is fully capable of hooking over a top edge of a supporting wall). Therefore, it would have been obvious to one of ordinary skill in the art to provide the dispenser of Finnestad with wherein the hanger arrangement comprises an extending part
and a hook, wherein the extending part extends from the case in substantially a same plane as a front wall of the case, and wherein the hook hooks over a top edge of the supporting wall simply because it’s a very well-known mounting configuration in the dispensing and storage art and merely provides another way of mounting the case on a vertical surface.
Claim 31, Finnestad discloses wherein the at least one injection device comprises a container containing a medicament. Claim 31 fails to further structurally limit the apparatus claim and only further limit the material handled by the apparatus and therefore does not determine patentability (see at least MPEP 2114,2115).
Claim 32, Finnestad discloses wherein the opening (60) is dimensioned so that only one injection device of the at least one injection device can be dispensed through the opening at a time.
Claim 33, Finnestad discloses wherein the injection device storage container further comprises a guiding arrangement (28) located within the case, wherein the guiding arrangement (28) defines a path along which the at least one injection device can be guided towards the opening (60).
Claim 34, Finnestad discloses wherein the guiding arrangement (28) comprises a conduit (28) through which the at least one injection device can move.
Claims 20,35 are rejected under 35 U.S.C. 103 as being unpatentable over Finnestad et al. (US 2009/0114671) in view of Linnebur (US 2006/0118567) in view of Feltrin (US 6,321,936).
Claims 20 & 35, Finnestad discloses wherein the guiding arrangement (28).
Finnestad does not disclose wherein the guiding arrangement comprises a sloping lower guide surface, wherein the lower guide surface slopes upwards towards the opening in the upper panel of the case.
Feltrin discloses wherein the guiding arrangement (3a, 3b) comprises a sloping lower guide surface (internal portion of 3b that slopes upwards towards the opening by 7a; fig.1), wherein the lower guide surface slopes upwards towards the opening in the upper panel of the case (fig.1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the
device of Finnestad with wherein the guiding arrangement comprises a sloping lower guide surface, wherein the lower guide surface slopes upwards towards the opening in the upper panel of the case in order to effectively direct articles to be dispensed towards to the dispensing opening when larger sized articles are required to be dispensed out of the case.
Claims 25-26 rejected under 35 U.S.C. 103 as being unpatentable over Finnestad et al. (US 2009/0114671) in view of Linnebur (US 2006/0118567) in view of Kietzmann et al. (US 2020/0054820).
Claim 25, Finnestad does not disclose a display located on the hook, the display configured to display information to a user indicative of a condition of the injection device storage container.
Kietzmann discloses a display, the display configured to display information to a user indicative of a condition of the injection device storage container (para.0182; further status information or more details can be provided on the display which would include the condition of injection device in the case; see figures). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Finnestad with wherein a display located on the hook, the display configured to display information to a user indicative of a condition of the injection device storage container simply to provide the user with real-time pertinent information regarding the dispensing device and providing a display on the hook merely requires routine skill in the since there are only a finite amount of places on the dispensing device to position the display, of which includes on the hook.
Claim 26, Finnestad does not disclose wherein the display is configured to display at least one of a temperature of the injection device storage container, a number of injection devices contained within the case, or an indication of a length of time until an injection is due.
Kietzmann discloses wherein the display is configured to display at least one of a temperature of the injection device storage container, a number of devices contained within the case (para.0057), or an indication of a length of time until an injection is due (para.0182; further status information or more details can be provided on the display which would include the condition of injection device in the case;
see figures). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Finnestad with wherein the display is configured to display at least one of a temperature of the injection device storage container, a number of injection devices container within the case, or an indication of a length of time until an injection is due simply to provide the user with real-time pertinent information regarding the dispensing device.
Claim 27 rejected under 35 U.S.C. 103 as being unpatentable over Finnestad et al. (US 2009/0114671) in view of Linnebur (US 2006/0118567) in view of Kietzmann et al. (US 2020/0054820).
Claim 27, Finnestad in view of Linnebur do not disclose a display located on the hook, the display configured to display information to a user indicative of a condition of the at least one injection
device contained within the case.
Kietzmann discloses a display, the display configured to display information to a user indicative of a condition of the at least one injection device contained within the case (para.0182; further status information or more details can be provided on the display which would include the condition of injection device in the case; see figures). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Finnestad in view of Linnebur witha display located on the hook, the display configured to display information to a user indicative of a condition of the at least one injection device contained within the case simply to provide the user with real-time pertinent information regarding the dispensing device.
Claim 29 rejected under 35 U.S.C. 103 as being unpatentable over Finnestad et al. (US 2009/0114671) in view of Linnebur (US 2006/0118567) in view of Knudsen (US 2011/0192862).
Claim 29, Finnestad does not explicitly disclose wherein the hanger arrangement is integrally formed with the case.
Knudsen discloses wherein the hanger arrangement (28) is integrally formed with the case (20,30). Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date to provide the device of Finnestad with wherein the hanger arrangement is integrally formed with the case because it’s a very well-known wall-mounting configuration in the art and merely requires routine skill to implement.
Claim 37 rejected under 35 U.S.C. 103 as being unpatentable over Finnestad et al. (US 2009/0114671)
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.
Claim 37 rejected under 35 U.S.C. 102(a)(2) as being anticipated by over Finnestad et al. (US 2009/0114671).
Claim 37, Finnestad discloses an injection device storage container for storing in a household refrigerator, the injection device storage container comprising: a case (fig.1; the case is herein defined as the perimeter of 10 which includes the region of 57a,65,61) configured to fit within a compartment of the household refrigerator (Finnestad’s case is fully capable to fit within the compartment of a household refrigerator; it well known that most refrigerators have shelves that adjustable for different size items and compartments of varying sizes for various sized items) and configured to contain at least one injection device for delivering a medicament; and a hanger arrangement (para.0026; wall mounted container) coupled to the case and configured to suspend the case from a supporting wall of the household refrigerator; a propulsion mechanism (74); wherein the case (20) comprises an upper panel (by 61) having an opening (60) formed therein through which the at least one injection device can be dispensed, wherein the opening (60) is arranged such that, when the case is suspended from the supporting wall of the household refrigerator, the at least one injection device is dispensed in a horizontal orientation through the opening (see figures), wherein the propulsion mechanism (74) is configured to propel the at least one injection device contained in the case towards the opening (60), wherein the propulsion mechanism comprises a resilient member (74) configured to apply a force to the at least one injection device to move it towards the opening, wherein the injection device storage container further comprises a guiding arrangement (28; lower, sloping surface that’s below 64, adjacent 12) located within the case, wherein the guiding arrangement defines a path along which the at least one injection device can be guided towards the opening; wherein the guiding arrangement (lower, sloping surface that’s below 64, adjacent 12) comprises a sloping lower guide surface (adjacent 12, below 64) that slopes upwards towards the opening (60) in the upper panel of the case such that the at least one injection device can be moved by the resilient member (74) up the sloping lower guide surface towards the opening; and wherein the sloping lower guide surface (adjacent 12, below 64) at least partially defines a passage (fig.1; sloping lower guide surface clearly defines a passage partially) having a substantially constant height (see fig.1; the Applicant’s sloping lower guide surface is element 420 depicted in fig.5 of the drawings; element 420 is precisely identical to the element construed as the sloping lower guide surface in fig.1 of Finnestad) through which the at least one injection device can be guided along the path (see figure).
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.
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/AYODEJI T OJOFEITIMI/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651