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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/09/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-11, 13-14, and 16-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1-10 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 "said restrictor arm" in line 12. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-10 depend from claim 1.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-8 and 10 (AS BEST UNDERSTOOD) is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsei (USP 4,405,060) in view of Huang et al. (USPGPUB 2014/0251850) and further in view of Zonana et al. (USPGPUB 2013/0200033).
Regarding claim 1 (AS BEST UNDERSTOOD), Hsei discloses a medication container, comprising
a receptacle (14 or 14’) having an inner space for holding medications (20);
a main housing (16 or 16’) coupled with the receptacle (14 or 14’) for retaining the medications (20) in the inner space (see Figures 4-5 or 6-7);
the main housing (16 or 16’) having an opening (30 or 30’) and a movable gate (40 or 40’) that can selectively open and close the opening (see Figures 4-5 or 6-7);
a singulator (50 or Figure 3 or 50’ or 90) located between the inner space of the receptacle and the opening and being shaped to only allow a single medication to pass through the singulator to the opening at a time (see Figures 4-5 or 6-7);
the main housing (16 or 16’) further having a generally funnel-shaped inner wall (33 or 33’) that extends a wide end adjacent the inner space of the receptacle to a narrow end adjacent the singulator (50 or Figure 3 or 50’ or 90) for guiding the medications towards the singulator during a dispensing operation (see Figures 4-5 or 6-7).
However, he does not disclose a container comprising:
at least one first medication sensor, including an emitter and a detector, positioned adjacent the singulator and at least one second medication sensor, the at least one first medication sensor and the at least one second medication sensor being configured to sense pills passing through the through-passage of the singulator both into and out of the receptacle, the at least one second medication sensor being configured to detect movement of the pills from the receptacle to the opening of the main housing;
a processor in electrical communication with the at least one first medication sensor, the at least one second medication sensor and with a memory and with a wireless module, the processor being configured to process data pertaining to passage of a pill through the through-passage in either direction relative to the inner space of the receptacle and to transmit the data to an external device.
Huang et al. disclose a container comprising:
at least one first medication sensor (1520), including an emitter and a detector (see paragraph [0050]), positioned adjacent the singulator (1504) and at least one second medication sensor (1518), the at least one first medication sensor (1520) and the at least one second medication sensor (1518) being configured to sense pills passing through the through-passage (1514) of the singulator both into and out of (see paragraphs [0043] and [0049]) the receptacle (1502), the at least one second medication sensor (1518) being configured to detect movement of the pills from the receptacle (1502) to the opening of the main housing (see paragraphs [0043] and [0049]);
a processor in electrical communication with the at least one first medication sensor (1520), the at least one second medication sensor (1518) and with a memory (see “the smart plug 1504 may house processing, memory and other components of the smart plug 1504” in paragraph [0049]) and with a wireless module (see “a wireless link” in paragraph [0032]), the processor being configured to process data pertaining to passage of a pill through the through-passage (1514) in either direction relative to the inner space of the receptacle (see “a dynamic measurement of change in pill count within the container” in paragraph [0043]) and to transmit the data to an external device (see “transmitting consumption information and alerts” in paragraph [0037] and “transmitted” in paragraphs [0038] and [0041]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the medication container disclosed by Hsei by including a container comprising: at least one first medication sensor, including an emitter and a detector, positioned adjacent the singulator and at least one second medication sensor, the at least one first medication sensor and the at least one second medication sensor being configured to sense pills passing through the through-passage of the singulator both into and out of the receptacle, the at least one second medication sensor being configured to detect movement of the pills from the receptacle to the opening of the main housing; and a processor in electrical communication with the at least one first medication sensor, the at least one second medication sensor and with a memory and with a wireless module, the processor being configured to process data pertaining to passage of a pill through the through-passage in either direction relative to the inner space of the receptacle and to transmit the data to an external device, as disclosed by Huang et al., with a reasonable expectation of success for the purpose of providing “a dynamic measurement of change in pill count within the container” (see paragraph [0043]).
Furthermore, they do not disclose a container wherein the at least one second medication sensor is located in said main housing between said restrictor arm of said gate and said upper portion of said gate. Zonana et al. disclose a container wherein the at least one second medication sensor (1300) is located in said main housing between said restrictor arm (515) of said gate (200 and see Figure 8) and said upper portion (900) of said gate (200 and see Figure 8). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the medication container disclosed by Hsei in view of Huang et al. by including a container wherein the at least one second medication sensor is located in said main housing between said restrictor arm of said gate and said upper portion of said gate, as disclosed by Zonana et al., with a reasonable expectation of success for the purpose of providing a slot (see paragraph [0069]) and a plunger (see paragraph [0079]) and a pill sensor for pill detection of a pill in a dispensing slot which enables compliance software that can be communicated to a central server (see paragraphs [0090] and [0120]).
Regarding claim 2 (AS BEST UNDERSTOOD), Hsei in view of Huang et al. and further in view of Zonana et al. discloses the medication container as set forth in claim 1. Hsei discloses a container further including an adapter (58) that is received within the singulator. However, Hsei does not disclose a container further including an adapter that is received within the singulator and which is configured to reduce a maximum size of medication that can pass through the singulator towards the opening of the main housing. Zonana et al. disclose a container further including an adapter that is received within the singulator and which is configured to reduce a maximum size of medication that can pass through the singulator towards the opening of the main housing (see paragraphs [0057]-[0058]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the medication container disclosed by Hsei in view of Huang et al. in view of Zonana et al. by including a container further including an adapter that is received within the singulator and which is configured to reduce a maximum size of medication that can pass through the singulator towards the opening of the main housing, as disclosed by Zonana et al., with a reasonable expectation of success for the purpose of providing a pill height adjuster in a pill track (see paragraph [0057]).
Regarding claim 3 (AS BEST UNDERSTOOD), Hsei discloses the medication container as set forth in claim 2 wherein the singulator has a through-passage with a non-circular shape (see Figure 3).
Regarding claim 4 (AS BEST UNDERSTOOD), Hsei discloses the medication container as set forth in claim 3 wherein the adapter (58) has an outer periphery that generally matches the non-circular shape of the through-passage of the singulator so that that the adapter can only be inserted into the through-passage of the singulator in one orientation (see Figure 3).
Regarding claim 5 (AS BEST UNDERSTOOD), Hsei discloses the medication container as set forth in claim 1 wherein the gate has an upper portion (74) that is disposed at least partially outside of a housing (84) of the main housing (16) and has a restrictor arm (60) that is located fully within the housing spaced from the upper portion of a cap, the restrictor arm (60) being configured to extend into the singulator when the gate is in a closed position to prevent the movement of medications through the singulator when the gate is in the closed position (see Figure 4).
Regarding claim 6 (AS BEST UNDERSTOOD), Hsei discloses the medication container as set forth in claim 5. However, he does not disclose a container wherein the at least one first medication sensor and the at least one second medication sensor are both located in said main housing between said restrictor arm of said gate and said upper portion of said gate, the at least one medication sensor being configured to detect movement of the medications from the receptacle to the opening of the main housing. Zonana et al. disclose a container wherein the at least one first medication sensor (see paragraph [0161]) and the at least one second medication sensor (1300) are both located in said main housing between said restrictor arm of said gate and said upper portion of said gate, the at least one medication sensor being configured to detect movement of the medications from the receptacle to the opening of the main housing (see paragraph [0090]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the medication container disclosed by Hsei in view of Huang et al. in view of Zonana et al. by including a container wherein the at least one first medication sensor and the at least one second medication sensor are both located in said main housing between said restrictor arm of said gate and said upper portion of said gate, the at least one medication sensor being configured to detect movement of the medications from the receptacle to the opening of the main housing, as disclosed by Zonana et al., with a reasonable expectation of success for the purpose of providing “a photocell that detects the presence of the solid pill” (see paragraph [0090]).
Regarding claim 7 (AS BEST UNDERSTOOD), Hsei in view of Huang et al. and further in view of Zonana et al. disclose the medication container as set forth in claim 1. Furthermore, Huang et al. disclose a container wherein the at least one second medication sensor includes a light emitter and a light detector (see paragraph [0050]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the medication container disclosed by Hsei in view of Huang et al. in view of Zonana et al. by including a container wherein the at least one second medication sensor includes a light emitter and a light detector, as disclosed by Huang et al., with a reasonable expectation of success for the purpose of providing “a dynamic measurement of change in pill count within the container” (see paragraph [0043]) which includes a photo-sensor (see paragraph [0050]).
Regarding claim 8 (AS BEST UNDERSTOOD), Hsei in view of Huang et al. and further in view of Zonana et al. disclose the medication container as set forth in claim 1. Hsei discloses further including an adapter (58) that is received within the singulator. Furthermore, Zonana et al. disclose a container further including an adapter that is received within the singulator and wherein the adapter has a pair of apertures that are aligned with one another and wherein the restrictor arm extends into both of the apertures of the adapter when the gate is in the closed position (see paragraphs [0057]-[0058]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the medication container disclosed by Hsei in view of Huang et al. in view of Zonana et al. by including a container further including an adapter that is received within the singulator and wherein the adapter has a pair of apertures that are aligned with one another and wherein the restrictor arm extends into both of the apertures of the adapter when the gate is in the closed position, as disclosed by Zonana et al., with a reasonable expectation of success for the purpose of providing a pill height adjuster in a pill track (see paragraph [0057]).
Regarding claim 10 (AS BEST UNDERSTOOD), Hsei in view of Huang et al. and further in view of Zonana et al. disclose the medication container as set forth in claim 1. However, Hsei does not disclose a container wherein the main housing is configured to detect the movement of the medications into and out of the receptacle through the opening and to transmit data related to this movement of the medications to an external device. Huang et al. disclose a container wherein the main housing is configured to detect the movement of the medications into and out of the receptacle through the opening (see “a dynamic measurement of change in pill count within the container” in paragraph [0043]) and to transmit data related to this movement of the medications to an external device (see “transmitting consumption information and alerts” in paragraph [0037] and “transmitted” in paragraphs [0038] and [0041]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the medication container disclosed by Hsei in view of Huang et al. in view of Zonana et al. by including a container wherein the main housing is configured to detect the movement of the medications into and out of the receptacle through the opening and to transmit data related to this movement of the medications to an external device, as disclosed by Huang et al., with a reasonable expectation of success for the purpose of providing “a dynamic measurement of change in pill count within the container” (see paragraph [0043]).
Claim(s) 9 (AS BEST UNDERSTOOD) is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsei (USP 4,405,060) in view of Huang et al. (USPGPUB 2014/0251850) in view of Zonana et al. (USPGPUB 2013/0200033) as applied to claims 1-8 and 10 above, and further in view of Cowe et al. (USP 11,235,104).
Regarding claim 9 (AS BEST UNDERSTOOD), Hsei in view of Huang et al. and further in view of Zonana et al. disclose the medication container as set forth in claim 1. However, they do not disclose a container wherein the receptacle has a pair of fingers that have tabs which can be received within openings in a housing of the main housing to lockingly engage the receptacle with the main housing and wherein the fingers can be deflected to disengage the receptacle from the main housing. Cowe et al. disclose a container wherein the receptacle has a pair of fingers that have tabs which can be received within openings in a housing of the main housing to lockingly engage the receptacle with the main housing and wherein the fingers can be deflected to disengage the receptacle from the main housing (see column 20 lines 1-30). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the medication container disclosed by Hsei in view of Huang et al. in view of Zonana et al. by including a container wherein the receptacle has a pair of fingers that have tabs which can be received within openings in a housing of the main housing to lockingly engage the receptacle with the main housing and wherein the fingers can be deflected to disengage the receptacle from the main housing, as disclosed by Cowe et al., with a reasonable expectation of success for the purpose of providing flexible fingers which allow latching and unlatching of the device’s components (see column 20 lines 1-30).
Claim(s) 11, 13-14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsei (USP 4,405,060) in view of Huang et al. (USPGPUB 2014/0251850) in view of Cowe et al. (USP 11,235,104) and further in view of Zonana et al. (USPGPUB 2013/0200033).
Regarding claim 11, Hsei discloses a method of making a medication container, comprising the steps of:
inserting a singulator (50 or Figure 3 or 50’ or 90) into a housing of a main housing (16 or 16’), the housing further including a funnel-shaped inner wall (33 or 33’) that extends from a wide end to a narrow end adjacent the singulator (see Figures 4-5 or 6-7), and the singulator having a through-passage that is shaped to only allow a single medication to pass through the singulator (50 or Figure 3 or 50’ or 90) at a time, and the housing (16 or 16’) having an opening (30 or 30’) on an opposite side of the singulator (50 or Figure 3 or 50’ or 90) from the funnel-shaped inner wall (see Figures 4-5 or 6-7);
inserting (see Figures 4-5 or 6-7) a plurality of medications (20) into an inner space of a receptacle (14 or 14’);
joining the main housing (16 or 16’) with the receptacle (see column 5 lines 43-58);
joining a gate (40 or 40’) with the housing of the main housing (16 or 16’), the gate (40 or 40’) being selectably movable between an open position whereby the medications can freely flow through the opening (30 or 30’) of the housing of the main housing (16 or 16’) into and out of the receptacle (14 or 14’) and a closed position whereby the medications (20) are trapped inside of the receptacle (see Figures 4-5 or 6-7).
However, he does not disclose a step of connecting a first sensor and a second sensor adjacent the gate and at the through passage to detect the movement of the medication in two directions in the through passage. Huang et al. disclose a step of connecting a first sensor and a second sensor adjacent the gate and at the through passage to detect the movement of the medication in two directions in the through passage (see paragraphs [0043] and [0049]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Hsei by including a step of connecting a first sensor and a second sensor adjacent the gate and at the through passage to detect the movement of the medication in two directions in the through passage, as disclosed by Huang et al., with a reasonable expectation of success for the purpose of providing “a dynamic measurement of change in pill count within the container” (see paragraph [0043]).
Furthermore, he does not disclose a method further comprising: releasably joining the main housing with the receptacle. Cowe et al. disclose a method further comprising: releasably joining the main housing with the receptacle (see column 20 lines 1-30). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Hsei in view of Huang et al. by including a method further comprising: releasably joining the main housing with the receptacle, as disclosed by Cowe et al., with a reasonable expectation of success for the purpose of providing flexible fingers which allow latching and unlatching of the device’s components (see column 20 lines 1-30).
Additionally, they do not disclose a gate connected to an external actuator and with the actuator being outside the housing aligned with the narrow end in the closed position and laterally positioned from the narrow end in the open position. Zonana et al. disclose a method further including a gate (320 or 900 or 320,900; see paragraph [0103]) connected to an external actuator (305) and with the actuator being outside the housing (see Figure 1) aligned with the narrow end in the closed position (see Figure 1) and laterally positioned from the narrow end in the open position (see Figure 9). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Hsei in view of Huang et al. in view of Cowe et al. by including a gate connected to an external actuator and with the actuator being outside the housing aligned with the narrow end in the closed position and laterally positioned from the narrow end in the open position, as disclosed by Zonana et al., with a reasonable expectation of success for the purpose of providing a door portion which includes a thumb grip member (see paragraph [0098]).
Regarding claim 13, Hsei discloses the method as set forth in claim 11 wherein the gate has a restrictor arm (60) and further including the step of moving the gate (40) into the closed position whereby the restrictor arm extends into and across the through-passage of the singulator (see Figures 4-5).
Regarding claim 14, Hsei in view of Huang et al. in view of Cowe et al. disclose the method as set forth in claim 11. However, Hsei does not disclose a method further including the step of inserting an adapter into the through-passage of the singulator to reduce a maximum pill size that can pass through the singulator from the inner space of the receptacle to the opening of the housing of the main housing. Zonana et al. disclose a method further including the step of inserting an adapter into the through-passage of the singulator to reduce a maximum pill size that can pass through the singulator from the inner space of the receptacle to the opening of the housing of the main housing (see paragraphs [0057]-[0058]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Hsei in view of Huang et al. in view of Cowe et al. by including a method further including the step of inserting an adapter into the through-passage of the singulator to reduce a maximum pill size that can pass through the singulator from the inner space of the receptacle to the opening of the housing of the main housing, as disclosed by Zonana et al., with a reasonable expectation of success for the purpose of providing a pill height adjuster in a pill track (see paragraph [0057]).
Regarding claim 16, Hsei in view of Huang et al. in view of Cowe et al. and further in view of Zonana et al. disclose the method as set forth in claim 11. Furthermore, Zonana et al. disclose a method further including the step of inserting a processor (760) and a memory (see paragraph [0120]) and a wireless module into the main housing so that the main housing can transmit data pertaining to the passage of medications through the singulator to an external device (see paragraph [0115]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Hsei in view of Huang et al. in view of Cowe et al. and further in view of Zonana et al. by including a method further including the step of inserting a processor and a memory and a wireless module into the main housing so that the main housing can transmit data pertaining to the passage of medications through the singulator to an external device, as disclosed by Zonana et al., with a reasonable expectation of success for the purpose of providing a processor (see paragraph [0075]), a memory (see paragraph [0120], and a wireless module in order to transmit dispensing “data to a central monitoring database” (see paragraph [0115]).
Claim(s) 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsei (USP 4,405,060) in view of Huang et al. (USPGPUB 2014/0251850) and further in view of Cowe et al. (USP 11,235,104).
Regarding claim 17, Hsei discloses a medication container, comprising
a receptacle (14 or 14’) having an inner space for holding pills (20);
a main housing (16 or 16’) including a housing (see Figures 4 and 6-7);
a singulator (50 or Figure 3 or 50’ or 90) positioned in the housing and having a non-circular through-passage that is sized and shaped to only pass a single pill through the singulator at a time (see Figures 4-5 or 6-7);
the housing (16 or 16’) having a funnel-shaped inner wall (33 or 33’) with a wide end adjacent the receptacle and a narrow end adjacent the singulator for guiding the pills to the singulator (see Figures 4-5 or 6-7), and the housing having an opening (30 or 30’) on an opposite side of the singulator from the receptacle (see Figures 4-5 or 6-7); and
a gate (40 or 40’) that is movable between a closed position and an open position to selectively open and close the opening (see Figures 4-5 or 6-7).
However, he does not disclose a container comprising:
at least one first medication sensor, including an emitter and a detector, positioned adjacent the singulator and configured to sense pills passing through the through-passage of the singulator;
at least one second medication sensor, including an emitter and a detector, positioned adjacent the singulator and spaced from the at least one first medication sensor, the at least one second medication sensor configured to sense pills passing through the through-passage of the singulator;
a processor in electrical communication with the at least one first medication sensor, the at least one second medication sensor and with a memory and with a wireless module, the processor being configured to process data pertaining to each passage of a pill through the through-passage in a first direction away from the receptacle and a second direction toward the receptacle, and to transmit the data to an external device.
Huang et al. disclose a container comprising:
at least one first medication sensor (1520), including an emitter and a detector (see paragraph [0050]), positioned adjacent the singulator (1504) and configured to sense pills passing through the through-passage of the singulator (see paragraph [0049]);
at least one second medication sensor (1518), including an emitter and a detector (see paragraph [0050]), positioned adjacent the singulator (1504) and spaced from the at least one first medication sensor (see Figure 15), the at least one second medication sensor (1518) configured to sense pills passing through the through-passage of the singulator (see paragraph [0049]);
a processor in electrical communication with the at least one first medication sensor (1520), the at least one second medication sensor (1518) and with a memory (see “the smart plug 1504 may house processing, memory and other components of the smart plug 1504” in paragraph [0049]) and with a wireless module (see “a wireless link” in paragraph [0032]), the processor being configured to process data pertaining to each passage of a pill through the through-passage in a first direction away from the receptacle and a second direction toward the receptacle (see “a dynamic measurement of change in pill count within the container” in paragraph [0043]), and to transmit the data to an external device (see “transmitting consumption information and alerts” in paragraph [0037] and “transmitted” in paragraphs [0038] and [0041]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the medication container disclosed by Hsei by including a container comprising: at least one first medication sensor, including an emitter and a detector, positioned adjacent the singulator and configured to sense pills passing through the through-passage of the singulator; at least one second medication sensor, including an emitter and a detector, positioned adjacent the singulator and spaced from the at least one first medication sensor, the at least one second medication sensor configured to sense pills passing through the through-passage of the singulator; and a processor in electrical communication with the at least one first medication sensor, the at least one second medication sensor and with a memory and with a wireless module, the processor being configured to process data pertaining to each passage of a pill through the through-passage in a first direction away from the receptacle and a second direction toward the receptacle, and to transmit the data to an external device, as disclosed by Huang et al., with a reasonable expectation of success for the purpose of providing “a dynamic measurement of change in pill count within the container” (see paragraph [0043]).
Furthermore, he does not disclose a container comprising a receptacle having an inner space for holding pills and having a pair of deflectable fingers on opposite sides of the receptacle, each of the fingers having an outwardly extending tab and a main housing including a housing that is releasably engaged with the deflectable fingers. Cowe et al. disclose a container comprising a receptacle having an inner space for holding pills and having a pair of deflectable fingers on opposite sides of the receptacle, each of the fingers having an outwardly extending tab and a main housing including a housing that is releasably engaged with the deflectable fingers (see column 20 lines 1-30). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the container disclosed by Hsei in view of Huang et al. by including a container comprising a receptacle having an inner space for holding pills and having a pair of deflectable fingers on opposite sides of the receptacle, each of the fingers having an outwardly extending tab and a main housing including a housing that is releasably engaged with the deflectable fingers, as disclosed by Cowe et al., with a reasonable expectation of success for the purpose of providing flexible fingers which allow latching and unlatching of the device’s components (see column 20 lines 1-30).
Regarding claim 20, Hsei discloses the medication container as set forth in claim 17 wherein the gate has an upper portion (74) that is disposed at least partially outside of a housing of the main housing (16) and has a restrictor arm (60) that is located fully within the housing spaced from the upper portion of the cap, the restrictor arm being configured to extend into the singulator when the gate is in a closed position to prevent the movement of medications through the singulator when the gate is in the closed position (see Figure 4).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsei (USP 4,405,060) in view of Huang et al. (USPGPUB 2014/0251850) in view of Cowe et al. (USP 11,235,104) as applied to claims 17 and 20 above, and further in view of Zonana et al. (USPGPUB 2013/0200033).
Regarding claim 18, Hsei discloses the medication container as set forth in claim 17 further including an adapter (58) that is received within the through-passage (see Figure 3). However, he does not disclose a container further including an adapter that is received within the through-passage of the singulator and which is configured to reduce a maximum size of medication that can pass through the singulator towards the opening of the main housing. Zonana et al. disclose a container further including an adapter that is received within the through-passage of the singulator and which is configured to reduce a maximum size of medication that can pass through the singulator towards the opening of the main housing (see paragraphs [0057]-[0058]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the medication container disclosed by Hsei in view of Huang et al. in view of Cowe et al. by including a container further including an adapter that is received within the through-passage of the singulator and which is configured to reduce a maximum size of medication that can pass through the singulator towards the opening of the main housing, as disclosed by Zonana et al., with a reasonable expectation of success for the purpose of providing a pill height adjuster in a pill track (see paragraph [0057]).
Regarding claim 19, Hsei discloses the medication container as set forth in claim 18 wherein the adapter (58) has an outer periphery that generally matches the non-circular shape of the through-passage of the singulator so that that the adapter can only be inserted into the through-passage of the singulator in one orientation (see Figure 3).
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 MICHAEL COLLINS whose telephone number is (571)272-8970. The examiner can normally be reached Monday-Friday.
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M.K.C.
1/15/2026
/MICHAEL COLLINS/Primary Examiner, Art Unit 3655