DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13, 17, and 20-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the length". There is insufficient antecedent basis for this limitation in the claim. It is unclear as to what is being claimed.
Claim 1 recites the limitation "the outlets". There is insufficient antecedent basis for this limitation in the claim. It is unclear as to what is being claimed.
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) 1-7, 17, 20-24, and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moar et al. (WO 2013/030547 A1 – hereinafter Moar).
Re Claims 1, 4-7, and 25:
Moar discloses an apparatus for dispensing a solid oral dosage form, comprising: one or more channels (inner cavity), each configured to store a plurality of units of the solid oral dosage form (70) and having an outlet (at 80, at 90) (see Figs. 9a-9b) for dispensing the units therefrom; a shaft (40) rotatable about an axis (see Fig. 5); a nut (70) located on the shaft (40) and configured to translate along the axis upon rotation of the shaft (40) (see Figs. 8-9b); one or more tines (72) configured to translate with the nut (70), wherein each of the one or more tines (72) extend into a respective one of the channels (inner cavity) and are configured to push the units of the solid oral dosage form (70) along the length of the respective channel to the outlet (at 80, at 90), such that rotation of the shaft (40) about the axis in use causes the units of the solid oral dosage form (70) to be dispensed from the outlets (at 80, at 90) of the channel(s) (inner cavity) due to the translation of the one or more tines (72) within the respective channel (inner cavity) (see Figs. 1-9b).
Re Claim 2:
Moar discloses wherein the solid oral dosage form comprises pellets and/or microtablets and/or minitablets (pharmaceuticals - tablets) (see Figs. 1-9b).
Re Claim 3:
Moar discloses wherein the units of the solid oral dosage form have a largest dimension (e.g., width or diameter) between about 0.5 mm and about 5 mm (“a depth of less than 10mm, between 3mm and 8mm, preferably between 4mm and 6mm, more preferably approximately 5mm”) (see Figs. 1-9b).
Re Claim 17:
Moar discloses a control unit (“by means of a motor”) configured to operate the apparatus by rotating the shaft (see Figs. 1-9b).
Re Claims 20 and 21:
Moar discloses a cartridge (1, 10) that is detachable from the control unit (“may be adapted to connect to a motor external to the dispenser”), wherein the cartridge (1, 10) comprises the plurality of channels, the shaft, the nut and the one or more tines (see Figs. 1-9b).
Re Claims 22-24:
Moar discloses a device (90-1) configured to prevent the solid oral dosage form (70) from falling out of the channels unintentionally or when the shaft (40) is not being rotated (see Figs. 9a-9b).
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.
Claim(s) 8, 11-13, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moar in view of Alvarez et al. (US 2019/0202622 A1 – hereinafter Alvarez) and Brinz et al. (US 2007/0080179 A1 – hereinafter Brinz).
Re Claims 8, 11-13, and 25:
Moar discloses the device of claim 1, but fails to teach a plurality of tines, each comprising a surface that is configured to contact and push units of the solid oral dosage form along the length of the respective channel to the outlet, wherein the contact surface of a first of the plurality of tines is located at a different axial position than the contact surface of a second of the plurality of tines.
Alvarez teaches a plurality of tines (at 4, 408, 409), each comprising a surface that is configured to contact and push units of a solid oral dosage form along a length of a respective channel (7, 607) to an outlet (5), wherein the contact surface (408., 409) of a first (408) of the plurality of tines is located at a different axial position than the contact surface of a second (409) of the plurality of tines (at 4, 408, 409) (see Figs. 4 and 6A-7B, see Figs. 1-7B). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Moar with that of Alvarez to allow for dispensing from multiple channels using a dispensing motion. Examiner notes that the combination would be capable of providing wherein the tines are spaced circumferentially around a perimeter of the nut, and the contact surface of each of the plurality of tines varies depending on the circumferential position of the respective tine, as recited in Claims 11-13, by way of the combination of the tines of Alvarez with nut of Moar s obvious to one of ordinary skill in the art in view of the combination as cited.
Brinz teaches a combination of rotating and translating (see at 7, at 8, see Figs. 1 and 2). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Moar with that of Alvarez and Brinz to allow for dispensing from multiple channels using a dispensing motion.
Allowable Subject Matter
Claims 9 and 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN L RANDALL, JR. whose telephone number is (571)270-5373. The examiner can normally be reached M-F: 9:00 am-5 pm est.
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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651