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 Amendment
This action is responsive to the preliminary amendment filed 05/25/2023, claim 17 is added thus claims 1-17 are pending.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1 ln 15 “based on dated provided by the sensor unit” should read ---based on the data detected by the sensor unit---
Appropriate correction is required.
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.
Claim 15 is 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.
Regarding claim 15, it is unclear the meaning of the term “smart label” as recited in the claims. The term “smart label” is not known in the art and thus it is unclear the scope of claim 15. The fails to provide a definition for the term however the specification discloses the device as having electronic components and adhesive to adhere to another device (see for example claims 1 and 14). Thus, the term label is seen to describe a sticker-type label and smart as calling to electronic components, therefore for the purpose of examination the term “smart label” is being interpreted as a sticker-type label with electronic capabilities.
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.
Claims 1, 5-6, 8 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koerner (US 2012/0080029 A1).
Regarding claim 1, Koerner discloses an electronic device for counting dispensable doses from a device for dispensing doses of a medicinal, cosmetic, or other product (abstract), comprising: a flexible support substrate (#22a/b fig 2-3, par 0038 " flexible plastic films 22a, 22b"); an electronic control unit (#60 fig 2-3, par 0038 "an electronic control unit 60.") associated with the flexible support substrate; a sensor unit (#50 fig 2-4, par 0038 "sensor 50") associated with the flexible support substrate, the sensor unit being operatively connected to the electronic control unit (par 0038 "the sensor 50 is adjoined by an electronic control unit 60"), the sensor unit being configured to detect data representative of an interaction by a user with the device for dispensing doses with which the electronic device is associated, connected to the dispensing of a dose (par 0043 disclosing the sensor detecting discharge and communicating with the control unit); an information signaling unit (#30 fig 1-6, par 0043 “display device 30”) associated with the flexible support substrate, the information signaling unit being operatively connected to the electronic control unit (par 0043), a power supply unit (#40 fig 2-3, par 0038 "battery 40") associated with the flexible support substrate, the power supply unit being operatively connected to the electronic control unit (par 0018), the electronic control unit being configured to: detect an event connected to the dispensing of a dose, by the device for dispensing doses with which the electronic device is associated, based on the data detected by the sensor unit (par 0043 “in the case where a piezo-sensor is used, the deflection would lead to the generation of a measurable voltage. This can be detected by the microprocessor 62”); perform a sequential count of doses dispensed by the device for dispensing doses with which the electronic device is associated based on the data representative of a user's the interaction by the user with the device for dispensing doses received from the sensor unit (par 0043 “this can be detected by the microprocessor 62, such that a counter available therein for discharge processes is incremented by one on account of this detected deflection”); record the sequential count performed of the doses dispensed by the device for dispensing doses (par 0043 “this can be detected by the microprocessor 62, such that a counter available therein for discharge processes is incremented by one on account of this detected deflection”); determine an information representative of the use of the device for dispensing doses based on a value achieved with by the sequential count performed of the doses dispensed by the device for dispensing doses (par 0043 disclosing counting the discharged doses thus disclosing this count being the information representative of use); and provide the information signaling unit with the determined information representative of the use of the device for dispensing doses (par 0043 discloses updating the display based on the counter).
Regarding claim 5, Koerner discloses the device of claim 1. Koerner further discloses the information signaling unit is configured to provide the user with the information representative of the use of the device for dispensing doses (par 0037 discloses the display facing the user thus disclosing the user being able to read the display such that the information is provided to the user).
Regarding claim 6, Koerner discloses the device of claim 1. Koerner further discloses the information signaling unit comprises a display unit (#30 fig 1-6, par 0039).
Regarding claim 8, Koerner discloses the device of claim 5. Koerner further discloses supply of the information representative of the use of the device for dispensing doses is performed, by the information signaling unit, continuously or repeatedly at constant intervals or only upon the dispensing of the dose or at the user's a request by the user (Par 0043 disclosing updating the display when the data is updated thus disclosing supplying the information upon the dispensing of the dose).
Regarding claim 13, Koerner discloses the device of claim 1. Koerner further discloses the electronic device is completed with an encapsulating layer adapted to limit or prevent a permeation of specific vapors or gases (#14a-d fig 3, par 0041 as 14a-d are solid components it is seen that these components at least limit a permeation of gases).
Regarding claim 14, Koerner discloses the device of claim 1. Koerner further discloses a rear surface of the flexible support substrate, as a whole or in part, is coated with an adhesive layer to allow adhesion to the intended target surface(s) of the device for dispensing doses (par 0023).
Regarding claim 15, Koerner discloses the device of claim 1. Koerner further discloses the electronic device is a smart label of a stand-alone type (par 0023 disclosing adhesive thus disclosing a sticker-type label of the electronic components, the device is seen as standalone as all necessary components such as the electronic circuits, battery and display are on the device itself allowing it to operate without the introduction of secondary or additional devices).
Regarding claim 16, Koerner discloses the device of claim 1. Koerner further discloses the electronic control unit is flexible, the electronic control unit being associated with the flexible support substrate by assembling said electronic control unit to the flexible support substrate (see fig 3, 5a-5e showing the control unit in addition to the other electrical components flexing around the curvature of the discharge device, par 0025 and 0042 disclosing the components/device as flexible and pliable).
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Koerner.
Regarding claim 11. Koerner discloses the device of claim 1. Koerner further discloses the electronic control unit, the sensor unit, the information signaling unit, the power supply unit, and electric interconnections thereof are flexible (see fig 3, 5a-5e showing the various components flexing around the curvature of the discharge device, par 0025 and 0042 disclosing the components/device as flexible and pliable).
Koerner is silent to the components being as flexible as the flexible support substrate.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the components have the same amount of flexibility as the support substrate in order to allow for all the electrical components to achieve the same flexure as the support and therefore be able to be mounted on discharge devices with curvatures that the flexible support can accommodate.
Claims 2-4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Koerner as applied to claim 1 above, and further in view of Good (US 11,590,299 B1).
Regarding claim 2, Koerner discloses the device of claim 1. Koerner does not expressly disclose the information representative of the use of the device for dispensing doses is an information representative of a number of the doses dispensed by the device for dispensing doses, the electronic control unit being configured to assign, to such information, the value achieved by the sequential count of the doses dispensed by the device for dispensing doses.
Good teaches a similar dosage counter (abstract) wherein the information representative of the use of the device for dispensing doses is an information representative of a number of the doses dispensed by the device for dispensing doses, the electronic control unit being configured to assign, to such information, the value achieved by the sequential count of the doses dispensed by the device for dispensing doses (col 11 ln 50-52, ln 60-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the information representative of use of Koerner to be a number of dispensed doses as taught by Good as doing so provides a user with information on how much of the medicament canister has been used.
Regarding claim 3, Koerner discloses the device of claim 1. Koerner does not expressly disclose to the information representative of the use of the device for dispensing doses is an information representative of a number of remaining doses to be dispensed by the device for dispensing doses, the electronic control unit being configured to determine such information as a difference between a maximum value of doses available inside the device for dispensing doses and the value achieved by the sequential count performed of the doses dispensed by the device for dispensing doses.
Good teaches a similar dosage counter (abstract) wherein the information representative of the use of the device for dispensing doses is an information representative of a number of remaining doses to be dispensed by the device for dispensing doses (col 12 ln 31-35), the electronic control unit being configured to determine such information as a difference between a maximum value of doses available inside the device for dispensing doses and the value achieved by the sequential count performed of the doses dispensed by the device for dispensing doses (col 12 ln 26-30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the information representative of use of Koerner to be a remaining doses as taught by Good as doing so provides a user with information on how soon a new medicament canister will be needed.
Regarding claim 4, Koerner discloses the device of claim 4. Koerner is silent to the information representative of the use of the device for dispensing doses is a notification adapted to notify that the dispensable doses which can be dispensed by the device for dispensing doses are finishing or are finished, the electronic control unit being configured to determine such information by comparing a difference between a maximum value of doses available inside the dose dispensing device for dispensing doses and the value achieved by the sequential count of the doses dispensed by the device for dispensing doses with a minimum alarm threshold value of remaining doses.
Good teaches a similar dosage counter (abstract) wherein the information representative of the use of the device for dispensing doses is a notification adapted to notify that the dispensable doses which can be dispensed by the device for dispensing doses are finishing or are finished (col 12 ln 35-40), the electronic control unit being configured to determine such information by comparing a difference between a maximum value of doses available inside the dose dispensing device for dispensing doses and the value achieved by the sequential count of the doses dispensed by the device for dispensing doses with a minimum alarm threshold value of remaining doses (col 12 ln 26-30, 35-40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the information representative of use of Koerner to be a remaining doses as taught by Good as doing so provides a user with information on when new medicament canister is needed.
Regarding claim 7, Koerner discloses the device of claim 1. Koerner is silent to the information signaling unit comprises at least one device for triggering a mechanical movement or at least one sound emitter device.
Good teaches a similar dosage counter (abstract) wherein the information signaling unit comprises at least one device for triggering a mechanical movement or at least one sound emitter device (claim 6 “communicate a signal to the visual transducer, the audio transducer, the haptic transducer, or any combination thereof”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize haptic and audio signals in addition to visual signals as taught by Good on the device of Koerner as doing so allows the device to be utilized by those who are visually impaired.
Claims 9-10, 12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Koerner as applied to claim 1 above, and further in view of Harvey (US 2004/0094152 A1).
Regarding claim 9, Koerner discloses the device of claim 1. Koerner is silent to an activation command for electrically activating the electronic device, actuation of the electronic device, by the user, allowing the electronic control unit to be electrically connected to the power supply unit.
Harvey discloses a similar dosage counter (par 0086-0087) including an activation command for electrically activating the electronic device, actuation of the electronic device, by the user, allowing the electronic control unit to be electrically connected to the power supply unit (#551 fig 5, disclosing power control component between the power source/battery and the rest of the electronic device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize an activation command as taught by Harvey on the device of Koerner as doing so allows for the device to be selectively powered thus allowing for power in the battery to be conserved.
Regarding claim 10, Koerner discloses the device of claim 1. Koerner is silent to an enabling command for enabling the information signaling unit, actuation of which the information signaling unit, by the user, allows allowing the information signaling unit to be electrically connected to the power supply unit.
Harvey teaches a similar dosage counter (par 0086-0087) including an enabling command (#555 fig 5) for enabling the information signaling unit (#554 fig 5), actuation of which the information signaling unit, by the user, allows allowing the information signaling unit to be electrically connected to the power supply unit (see fig 5 showing 555 as a “power control to LCD” thus disclosing electrical connection/control between the power source/battery and the lcd display/information signaling unit).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize an activation command as taught by Harvey on the device of Koerner as doing so allows for the display to be selectively powered thus allowing for power in the battery to be conserved.
Regarding claim 12, modified Koerner discloses the device of claim 9. Modified Koerner does not expressly disclose the activation command is flexible. However, Koerner does disclose all the components of the electrical device being flexible (see fig 3, 5a-5e showing the various components flexing around the curvature of the discharge device, par 0025 and 0042 disclosing the components/device as flexible and pliable).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the components have the activation command be flexible in order to allow for all the electrical components to continue to fit curvatures of the discharge device they are mounted on.
Regarding claim 17, modified Koerner discloses the device of claim 10. Modified Koerner does not expressly disclose the enabling command is flexible. However, Koerner does disclose all the components of the electrical device being flexible (see fig 3, 5a-5e showing the various components flexing around the curvature of the discharge device, par 0025 and 0042 disclosing the components/device as flexible and pliable).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the components have the enabling command be flexible in order to allow for all the electrical components to continue to fit curvatures of the discharge device they are mounted on.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rand (US 2002/0189612 A1) discloses a medicament dispenser utilizing switches to selectively turn on and off specific electronic components (par 0073)
Allen (US 2007/0084462 A1) discloses a counting device made of a flexible casing and substrate for bending to the canister shape (par 0028)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRA B DAHER whose telephone number is (571)270-0190. The examiner can normally be reached M-F 8am-5pm.
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/KIRA B DAHER/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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