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 the limitations of newly amended independent claims 1 and 14 are not taught and/or suggested by the prior art of record.
In response, the Examiner respectfully disagree with the Applicant. The Applicant is herein referred to the obviousness rejections of the current office action using the prior art of Yuyama and Yuyama with Koike. Applicant’s amendment merely recites limitations pertaining to what the displayer displays given the prescription instructions for the patient. Such limitations based solely on the prescription information for the patient does not impart any novelty on the claim limitations.
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 1-3,5-6,12-14 rejected under 35 U.S.C. 103 as being unpatentable over Yuyama (US 2015/0190312).
Claim 1, Yuyama discloses a drug supply device (fig.1) comprising: a plurality of cassettes (21) capable of supplying drugs in a different range of dimensions (fig.8) respectively; a plurality of drivers (23; para.0057) each mountable with each of the cassettes (21) and driving the cassette (21) mounted thereto; and a controller (1) that controls the drivers (23) individually, the controller (1) allocating drug information of a target drug based on a prescription information (para.0053) to the cassette (21) selected in accordance with dimensions of the target drug or to the driver (23) mounted with the cassette (21) thus selected, the controller (1) controlling the drivers (23) based on the prescription information (para.0053) so that the target drug is supplied from the cassette (21) to which the drug information has been allocated or from the cassette (21) mounted to the driver (23) to which the drug information has been allocated; each of the plurality of cassettes (21) includes a rotor (214; para.0068- 0070; cassettes 21 contain a tablet discharging portion 213 which includes a rotor) in which a plurality of intervals (218) are arranged in a circumferential direction (see fig.3 for intervals arranged circumferentially on rotor 214); each of the plurality of cassettes (21) is configured so that, with rotation, the drugs accommodated in each of the plurality of intervals are transported to an outlet (219) and discharged one by one; each of the plurality of cassettes (21) is changed (para.0057; cassettes 21 are detachably mounted; thus, can be removed from the mounting portions 211); a manual drug supply cassette (22); a displayer (25; para.0089-0090) that displays a screen; the controller (1) controls each of the manual drug supply cassette and the displayer (25).
Although Yuyama does not explicitly disclose each of the plurality of cassettes (21) is changed (para.0057) to supply a corresponding drug according to the prescription information, it would have been very obvious to one of ordinary skill in the art before the effective filing date to supply a corresponding drug to the detached cassette based on the prescription information.
Furthermore, although Yuyama does not explicitly disclose the controller (1) causes the displayer (25) to display a selection screen for which choosing the cassette (21) or the manual drug supply cassette (22) for the target drug supply according to the prescription information, and the controller (1) causes the displayer to display a refill instructing screen for which instructing which drug and how many tablets of the drug need to be supplied for refill into the cassette (21) mounted to one of the plurality of drivers (23) when supplying the target drug from the cassette is chosen on the selection screen, it would have been very obvious to one of ordinary skill in the art before the effective filing date to implement such a configuration since it merely depends upon the prescription instructions required for the patient.
Claim 2, Yuyama discloses wherein the controller (1) is capable of accepting an operation that is input for selecting which of the cassette (21) and the manual drug supply cassette (22) supplies the target drug.
Claim 3, Yuyama discloses wherein the controller (1) does not accept an operation that is input for selecting drug supply from the cassettes (21) in an event that none of the drivers (23) is mountable with the cassettes (para.0057; the controller would inherently not accept an operation that is input for selecting drug supply if the driving mechanism for the cassettes is not mounted or attached to the cassettes).
Claim 5, Yuyama discloses wherein the displayer (25; para.0089-0090) that is capable of displaying information concerning allocation of the drug information.
Claim 6, Yuyama discloses wherein the controller (1) causes the dis player (25) to display the driver (para.0089-0090) to which the cassette is mountable and the driver to which the cassette is not mountable in a distinguishable manner (para.0088-0090).
Claim 12, Yuyama discloses a reader (232) that reads an identification code appended to a drug holder of the target drug, wherein the controller (1; the controller of the prescription system inherently
performs this task) checks the drug information against a result read and obtained by the reader (para.0057-0061).
Claim 13, Yuyama discloses wherein the controller (1) allocates the drug information to the driver (23) when the cassette (21) selected in accordance with the dimensions of the target drug is mounted to the driver (23; para.0053-0173).
Claim 14, Yuyama discloses a drug supply device (fig.1), comprising: a plurality of drug suppliers (21) capable of supplying drug in a different range of dimensions (fig.8) respectively; and a controller (1), wherein the controller (1) allocating drug information of a target drug to the drug supplier (21) selected in accordance with dimensions of the target drug, the controller (1) controlling the drug suppliers so
that the target drug is supplied from the drug supplier (1) to which the drug information has been allocated, each of the plurality of drug suppliers (21) includes a rotor (214; para.0068-0070; cassettes 21 contain a tablet discharging portion 213 which includes a rotor) in which a plurality of intervals (218) are arranged in a circumferential direction (see fig.3 for intervals arranged circumferentially on rotor 214); each of the plurality of drug suppliers (21) is configured so that, with rotation of the rotor (214), the drugs accommodated in each of the plurality of intervals are transported to an outlet (219) and discharged one by one; each of the plurality of drug suppliers (21) is changed (para.0057; cassettes 21 are detachably mounted; thus, can be removed from the mounting portions 211); a manual drug supply cassette (22); a displayer (25; para.0089-0090) that displays a screen; the controller (1) controls each of the manual drug supply cassette and the displayer (25).
Although Yuyama does not explicitly disclose each of the plurality of drug suppliers (21) is changed (para.0057) to supply a corresponding drug according to the prescription information, it would have been very obvious to one of ordinary skill in the art to supply a corresponding drug to the detached cassette based on the prescription information.
Furthermore, although Yuyama does not explicitly disclose the controller (1) causes the displayer (25) to display a selection screen for which choosing the cassette (21) or the manual drug supply cassette (22) for the target drug supply according to the prescription information, and the controller (1) causes the displayer to display a refill instructing screen for which instructing which drug and how many tablets of the drug need to be supplied for refill into the cassette (21) mounted to one of the plurality of drivers (23) when supplying the target drug from the cassette is chosen on the selection screen, it would have been very obvious to one of ordinary skill in the art before the effective filing date to implement such a configuration since it merely depends upon the prescription instructions required for the patient.
Claims 7-10 rejected under 35 U.S.C. 103 as being unpatentable over Yuyama (US 2015/0190312) in view of Yuyama et al. (US 2009/0294467).
Claim 7, Yuyama does not disclose wherein the controller causes the dis player to display the drug that can be supplied from the cassette and the drug that cannot be supplied from the cassette ina distinguishable manner.
Yuyama discloses wherein the controller causes the displayer to display the drug that can be supplied from the cassette (para.0132) in a distinguishable manner. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Yuyama with wherein the controller causes the displayer to display the drug that can be supplied from the cassette and the drug that cannot be supplied from the cassette in a distinguishable manner simply to provide adequate and important information to anyone operating the dispensing machine.
Claim 8, Yuyama does not disclose wherein the controller causes the displayer to display a history of use of the cassettes.
Yuyama discloses wherein the controller stores a history of use of the cassettes (para.0071; fig.6). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Yuyama with wherein the controller causes the displayer to display a history of use of the cassettes simply to provide adequate and important information to anyone operating the dispensing machine and the displaying of a history of use of the cassettes or any other arbitrary dispensing machine operation to be displayed on the displayer merely requires routine skill in the art to implement such a configuration as Yuyama already taught the controller causes the displayer to display the drug that can be supplied from the cassette.
Claim 9, Yuyama does not disclose wherein the controller causes the displayer to display identification information of the cassette that most recently supplied the target drug.
Yuyama discloses wherein the controller causes the displayer to display identification information of the cassette that most recently supplied the target drug (para.0132; fig.7). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Yuyama with wherein the controller causes the displayer to display identification information of the cassette that most recently supplied the target drug simply to provide adequate and important information to anyone operating the dispensing machine.
Claim 10, Yuyama does not disclose wherein the controller causes the displayer to display a required number of tablets of the target drug for refill.
Yuyama discloses wherein the controller manages a required number of tablets of the target drug for refill (para.0055-0060). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Yuyama with wherein the controller causes the displayer to display a required number of tablets of the target drug for refill simply to provide
adequate and important information to anyone operating the dispensing machine and the displaying of a required number of tablets of the target drug for refill or any other arbitrary dispensing machine operation to be displayed on the displayer merely requires routine skill in the art to implement such a configuration as Yuyama already taught the controller causes the displayer to display the drug that can be supplied from the cassette.
Claim 11 rejected under 35 U.S.C. 103 as being unpatentable over Yuyama (US 2015/0190312) in view of Yuyama et al. (US 2011/0168733).
Claim 11, Yuyama does not disclose wherein the controller causes the displayer to display a shortfall of the target drug in an event of shortage of the target drug.
Yuyama discloses wherein the controller causes the displayer to display a shortfall of the target drug in an event of shortage of the target drug (para.0111). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Yuyama with wherein the controller causes the displayer to display a shortfall of the target drug in an event of shortage of the target drug in order to effectively notify the user that some medicine is lacking and require restocking.
Claims 1-3,5-6,12-14 rejected under 35 U.S.C. 103 as being unpatentable over Yuyama (US 2015/0190312) in view of Koike et al. (US 2016/0229564).
Claim 1, Yuyama discloses a drug supply device (fig.1) comprising: a plurality of cassettes (21) capable of supplying drugs in a different range of dimensions (fig.8) respectively; a plurality of drivers (23; para.0057) each mountable with each of the cassettes (21) and driving the cassette (21) mounted thereto; and a controller (1) that controls the drivers (23) individually, the controller (1) allocating drug information of a target drug based on a prescription information (para.0053) to the cassette (21) selected in accordance with dimensions of the target drug or to the driver (23) mounted with the cassette (21) thus selected, the controller (1) controlling the drivers (23) based on the prescription
information (para.0053) so that the target drug is supplied from the cassette (21) to which the drug information has been allocated or from the cassette (21) mounted to the driver (23) to which the drug information has been allocated; each of the plurality of cassettes (21) includes a rotor (214; para.0068- 0070; cassettes 21 contain a tablet discharging portion 213 which includes a rotor) in which a plurality of intervals (218) are arranged in a circumferential direction (see fig.3 for intervals arranged circumferentially on rotor 214); each of the plurality of cassettes (21) is configured so that, with rotation, the drugs accommodated in each of the plurality of intervals are transported to an outlet (219) and discharged one by one.
Although Yuyama does not explicitly disclose the controller (1) causes the displayer (25) to display a selection screen for which choosing the cassette (21) or the manual drug supply cassette (22) for the target drug supply according to the prescription information, and the controller (1) causes the displayer to display a refill instructing screen for which instructing which drug and how many tablets of the drug need to be supplied for refill into the cassette (21) mounted to one of the plurality of drivers (23) when supplying the target drug from the cassette is chosen on the selection screen, it would have been very obvious to one of ordinary skill in the art before the effective filing date to implement such a configuration since it merely depends upon the prescription instructions required for the patient.
Yuyama does not disclose each of the plurality of cassettes is changed to supply a corresponding drug according to the prescription information.
Koike discloses each of the plurality of cassettes is changed (para.0053-0054) to supply a corresponding drug according to the prescription information. Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Yuyama with each of the plurality of cassettes is changed to supply a corresponding drug according to the prescription information in order to simply replenish the drugs in the drug cassette with any number of arbitrary drugs as required by the drug regimen protocol. Furthermore, this configuration is very well-known in the art and does not impart any novelty on the claim limitation.
Claim 2, Yuyama discloses wherein the controller (1) is capable of accepting an operation that is input for selecting which of the cassette (21) and the manual drug supply cassette (22) supplies the target drug.
Claim 3, Yuyama discloses wherein the controller (1) does not accept an operation that is input for selecting drug supply from the cassettes (21) in an event that none of the drivers (23) is mountable with the cassettes (para.0057; the controller would inherently not accept an operation that is input for
selecting drug supply if the driving mechanism for the cassettes is not mounted or attached to the cassettes).
Claim 5, Yuyama discloses wherein the displayer (25; para.0089-0090) that is capable of displaying information concerning allocation of the drug information.
Claim 6, Yuyama discloses wherein the controller (1) causes the dis player (25) to display the driver (para.0089-0090) to which the cassette is mountable and the driver to which the cassette is not mountable in a distinguishable manner (para.0088-0090).
Claim 12, Yuyama discloses a reader (232) that reads an identification code appended to a drug holder of the target drug, wherein the controller (1; the controller of the prescription system inherently performs this task) checks the drug information against a result read and obtained by the reader (para.0057-0061).
Claim 13, Yuyama discloses wherein the controller (1) allocates the drug information to the driver (23) when the cassette (21) selected in accordance with the dimensions of the target drug is mounted to the driver (23; para.0053-0173).
Claim 14, Yuyama discloses a drug supply device (fig.1), comprising: a plurality of drug suppliers (21) capable of supplying drug in a different range of dimensions (fig.8) respectively; and a controller (1), wherein the controller (1) allocating drug information of a target drug to the drug supplier (21) selected in accordance with dimensions of the target drug, the controller (1) controlling the drug suppliers so that the target drug is supplied from the drug supplier (1) to which the drug information has been allocated, each of the plurality of drug suppliers (21) includes a rotor (214; para.0068-0070; cassettes 21 contain a tablet discharging portion 213 which includes a rotor) in which a plurality of intervals (218) are arranged in a circumferential direction (see fig.3 for intervals arranged circumferentially on rotor 214); each of the plurality of drug suppliers (21) is configured so that, with rotation of the rotor (214), the
drugs accommodated in each of the plurality of intervals are transported to an outlet (219) and discharged one by one; a manual drug supply cassette (22); a displayer (25; para.0089-0090) that displays a screen; the controller (1) controls each of the manual drug supply cassette and the displayer (25).
Furthermore, although Yuyama does not explicitly disclose the controller (1) causes the displayer (25) to display a selection screen for which choosing the cassette (21) or the manual drug supply cassette (22) for the target drug supply according to the prescription information, and the controller (1) causes the displayer to display a refill instructing screen for which instructing which drug and how many tablets of the drug need to be supplied for refill into the cassette (21) mounted to one of the plurality of drivers (23) when supplying the target drug from the cassette is chosen on the selection screen, it would have been very obvious to one of ordinary skill in the art before the effective filing date to implement such a configuration since it merely depends upon the prescription instructions required for the patient.
Yuyama does not disclose each of the plurality of suppliers is changed to supply a corresponding drug according to the prescription information.
Koike discloses each of the plurality of drug suppliers is changed (para.0053-0054) to supply a corresponding drug according to the prescription information. Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Yuyama with each of the plurality of drug suppliers is changed to supply a corresponding drug according to the prescription information in order to simply replenish the drugs in the drug cassette with any number of arbitrary drugs as required by the drug regimen protocol. Furthermore, this configuration is very well-known in the art and does not impart any novelty on the claim limitation.
Claims 7-10 rejected under 35 U.S.C. 103 as being unpatentable over Yuyama (US 2015/0190312) in view of Koike et al. {US 2016/0229564) in view of Yuyama et al. (US 2009/0294467).
Claim 7, Yuyama does not disclose wherein the controller causes the displayer to display the drug that can be supplied from the cassette and the drug that cannot be supplied from the cassette ina distinguishable manner.
Yuyama discloses wherein the controller causes the displayer to display the drug that can be supplied from the cassette (para.0132) in a distinguishable manner. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Yuyama with wherein the controller causes the displayer to display the drug that can be supplied from the cassette and the drug that cannot be supplied from the cassette in a distinguishable manner simply to provide adequate and important information to anyone operating the dispensing machine.
Claim 8, Yuyama does not disclose wherein the controller causes the displayer to display a history of use of the cassettes.
Yuyama discloses wherein the controller stores a history of use of the cassettes (para.0071; fig.6). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Yuyama with wherein the controller causes the displayer to display a history of use of the cassettes simply to provide adequate and important information to anyone operating the dispensing machine and the displaying of a history of use of the cassettes or any other arbitrary dispensing machine operation to be displayed on the displayer merely requires routine skill in the art to implement such a configuration as Yuyama already taught the controller causes the displayer to display the drug that can be supplied from the cassette.
Claim 9, Yuyama does not disclose wherein the controller causes the displayer to display identification information of the cassette that most recently supplied the target drug.
Yuyama discloses wherein the controller causes the displayer to display identification information of the cassette that most recently supplied the target drug (para.0132; fig.7). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Yuyama with wherein the controller causes the displayer to display identification information of the cassette that most recently supplied the target drug simply to provide adequate and important information to anyone operating the dispensing machine.
Claim 10, Yuyama does not disclose wherein the controller causes the displayer to display a required number of tablets of the target drug for refill.
Yuyama discloses wherein the controller manages a required number of tablets of the target drug for refill (para.0055-0060). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Yuyama with wherein the controller causes the displayer to display a required number of tablets of the target drug for refill simply to provide adequate and important information to anyone operating the dispensing machine and the displaying of a required number of tablets of the target drug for refill or any other arbitrary dispensing machine
operation to be displayed on the displayer merely requires routine skill in the art to implement such a configuration as Yuyama already taught the controller causes the displayer to display the drug that can be supplied from the cassette.
Claim 11 rejected under 35 U.S.C. 103 as being unpatentable over Yuyama (US 2015/0190312) in view of Koike et al. (US 2016/0229564) in view of Yuyama et al. (US 2011/0168733).
Claim 11, Yuyama in view of Koike do not disclose wherein the controller causes the displayer to display a shortfall of the target drug in an event of shortage of the target drug.
Yuyama discloses wherein the controller causes the displayer to display a shortfall of the target drug in an event of shortage of the target drug (para.0111). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the dispenser of Yuyama in view of Koike with wherein the controller causes the displayer to display a shortfall of the target drug in an event of shortage of the target drug in order to effectively notify the user that some medicine is lacking and require restocking.
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