DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot in view of the new ground(s) of rejections.
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) 1-7, 11-13, 17, 20-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alvarez et al. (US 2019/0202622 A1 – hereinafter Alvarez) in view of Brinz et al. (US 2007/0080179 A1 – hereinafter Brinz) and Moar et al. (WO 2013/030547 A1 – hereinafter Moar).
Re Claims 1-6, 17, and 20-25:
Alvarez discloses an apparatus for dispensing a solid (product), comprising: a plurality of channels (7, 607), each configured to store a plurality of units of the solid (product) and each having a channel outlet (channel outlet is defined by channels in combination with the central rod – the outlet of each channel is the area in which the rod is not blocking such as seen at 9 in Fig. 6A) for dispensing the units therefrom (see Fig. 6A); a shaft (2); a nut (4) located on the shaft (2) and configured to translate along the axis upon (actuation – pushing) of the shaft; a plurality of tines (402, 403) configured to translate with the nut (4), wherein each tine (402, 403) extends into a respective one of the channels (7, 607) and is configured to push the units of the solid (product) form along a length of its respective channel (7, 607) to its respective channel outlet (channel outlet is defined by channels in combination with the central rod – the outlet of each channel is the area in which the rod is not blocking such as seen at 9 in Fig. 6A), such that (actuation – pushing) of the shaft (2) about the axis in use causes the units of (products) to be dispensed from the channel outlets due to the translation of each tine (402, 403) within its respective channel (7, 607); wherein each tine (402, 403) comprises a contact surface that is configured to contact and push units of the (product) along the length of its respective channel (7, 607) to its respective channel outlet; wherein the contact surface of a first (402) of the plurality of tines (402, 403) is located at a different axial position than the contact surface of a second (403) of the plurality of tines (402, 403) such that the first (402) and second (403) of the plurality of tines (402, 403) are configured to dispense units of the solid (product) from their respective channels (7, 607) in a sequential manner (one by one - see Figs. 4-7B), but fails to teach a shaft rotatable about an axis; a nut located on the shaft and configured to translate along the axis upon rotation of the shaft; such that rotation of the shaft about the axis in use causes the units of the solid oral dosage form to be dispensed from the channel outlets due to the translation of each tine within its respective channel.
Brinz teaches a shaft (9) rotatable about an axis (3) (along with pushing of the shaft (9)) (see paragraphs [0024-0026] see Figs. 1 and 2). Re Claims 22-24: Brinz teaches a device (1 – movable blocking member) configured to prevent a (product) from falling out of a channel (exit) unintentionally or when the shaft (9) is not being rotated (see Figs. 1-2). 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 Alvarez with that of Brinz to provide an alternative rotation technique which still includes pushing, as described by Alvarez, so as to be able to effectively, i.e., definitively, convey substrate out of a storage device. Examiner further notes that the combination would be capable of providing a nut located on the shaft and configured to translate along the axis upon rotation of the shaft (Alvarez teaches a shaft with a nut that moves when the shaft is pressed; Because the shaft of Brinz is also pressed to dispensed, despite its rotation, such, when combined with Alvarez, would still allow for the nut of Alvarez to translate when the shaft is pushed; Brinz is further combinable in that Brinz teaches using a scraper which can match the inner cavity to convey product (see paragraph [0026])– Examiner notes that a scraper as defined by Brinz and as known in the art, is similar or at least similarly defined to the nut as disclosed by Alvarez). Furthermore, the combination would be capable of providing such that rotation of the shaft (a combination of rotation and pushing as taught by Brinz) about the axis in use causes the units of the solid oral dosage form to be dispensed from the channel outlets due to the translation of each tine within its respective channel (as taught by Alvarez) and the parts operating in a predictable manner as described above since Alvarez discloses the principal operation of the device and Brinz teaches that the principal operation may include a rotation technique along with a pushing technique, as well as in relation to claim 4 and the device operating in a predictable manner when the pushing and rotation combination is used.
Moar teaches a solid oral dosage form (pharmaceuticals/tablets) (see page 7 lines 3-11). Re Claim 3: Moar teaches 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 teaches a control unit (“by means of a motor”) configured to operate an apparatus by rotating a 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) (Examiner notes that all of the references have the related components as described located in a cartridge). 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 Alvarez with that of Brinz and Moar to dispense a particular product/capsule/pellet/tablet type product (capsule product disclosed by Alvarez – paragraph [0008]) from a device/cartridge as known within the art, while also allowing for an alternative automatic usage, for making something automatic in place of manual, is an obvious skill within the art.
Further Re Claim 7:
Alvarez discloses wherein the device is a hand-held and/or portable device (see Figs. 1-7B).
Further Re Claims 11-13:
Alvarez teaches wherein the tines (402, 403) 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 (see Figs. 4 and 6A).
Allowable Subject Matter
Claims 9 and 10 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Luke Fairbanks (US 1,458,2982) – shows prior art knowledge of a plunger and scraper (D) combination.
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 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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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.
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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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