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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/29/25 has been entered.
Response to Arguments
Applicant argues that the prior art of Zonana does not teach and/or suggest the limitations of newly amended independent claims 1 and 10.
In response, the Applicant is herein referred to the new obviousness rejection of independent claims 1 and 10 presented in the office action.
Applicant argues that the prior art of Zonana does not teach the limitations of independent claim 18.
In response, the Examiner respectfully disagree with the Applicant. The rejection of claim 18 is restated herein with explanatory comments embedded therein:
Claim 18, Zonana discloses a locking lid assembly comprising: a lid housing (200) forming an interior volume configured to store a plurality of products, the lid housing (200) further forming a lid housing opening (fig.2; wide opening of 200 wherein 450 rests upon) coupled to the interior volume, wherein the lid housing is oriented to cause the plurality of products stored in the interior volume to rest against the lid housing opening (see figures); and a substantially cylindrical dispensing structure (300) disposed in the interior volume of the lid housing, the substantially cylindrical dispensing structure (300) forming a dispensing structure opening (figs.4-8) configured to receive one or more products, wherein the substantially cylindrical dispensing structure is configured to rotate to cause the one or more products disposed in the dispensing structure opening to be dispensed through the lid housing opening (C10-C12).
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.
Claims 1-4,10-13,18-19 rejected under 35 U.S.C. 103 as being unpatentable over Zonana et al. (US 8,727,180).
Claim 1, Zonana discloses a system comprising: a container (110) forming an interior volume configured to store a plurality of products; and a lid assembly (200) configured to secure to the container (110), wherein the container and the lid assembly (200) are oriented to cause the plurality of products stored in the container to rest against the lid assembly (200; see figures), the lid assembly comprising: a lid housing forming an opening (fig.2), wherein at least one product of the plurality of products is to be dispensed from the interior volume via the opening (fig.2); a dispensing structure (300,320) configured to load a portion the at least one product of the plurality of products to be dispensed, wherein the dispensing structure (300,320) is disposed on the exterior volume of the lid housing (200); a cover structure (310) configured to selectively unblock the opening to allow the portion at least one product of the plurality of products to be dispensed; a processing (600,700) device configured to: determine that the portion at least one product of the plurality of products is to be dispensed; and cause the cover structure (310) to be actuated to unblock the opening to allow dispensing of the portion at least one product of the plurality of products.
Although Zonana does not disclose wherein the dispensing structure (300,320) is disposed in the interior volume of the lid housing (200), it would have been obvious to one having ordinary skill in the art before the effective filing date to implement such a configuration since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Claim 2, Zonana discloses wherein the container (110) is a medication bottle.
Claim 3, Zonana discloses wherein the plurality of products are medication in solid dosage form, wherein the portion at least one product of the plurality of products corresponds to a dosage of the medication (see figures; abstract).
Claim 4, Zonana discloses wherein the dispensing structure (300) is a rotating dispenser forming a respective opening (opening of 300 that allows pill to fall through after rotating to the dispensing position) configured to receive the portion at least one product of the plurality of products.
Claim 10, Zonana discloses a locking lid assembly comprising: a lid housing (200) forming an opening, wherein the lid housing is configured to secure a container (110), the container forming an interior volume configured to store a plurality of products, wherein the container and the lid housing are
oriented to cause the plurality of products stored in the container to rest against the lid housing (200; see figures), and wherein at least one product of the plurality of products is to be dispensed from the interior volume via the opening (see figures); a dispensing structure (300) configured to load a portion the at least one product of the plurality of products to be dispensed; wherein the dispensing structure (300,320) is disposed on the exterior volume of the lid housing (200); a cover structure (310) configured to selectively unblock the opening to allow the portion at least one product of the plurality of products to be dispensed; a processing device (600,700) configured to: determine that the portion at least one product of the plurality of products is to be dispensed; and cause the cover structure (310) to be actuated to unblock the opening to allow dispensing of the portion at least one product of the plurality of products (C10-C12).
Although Zonana does not disclose wherein the dispensing structure (300,320) is disposed in the interior volume of the lid housing (200), it would have been obvious to one having ordinary skill in the art before the effective filing date to implement such a configuration since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Claim 11, Zonana discloses wherein the container (110) is a medication bottle.
Claim 12, Zonana discloses wherein the plurality of products are medication in solid dosage form, wherein the portion at least one product of the plurality of products corresponds to a dosage of the medication (see figures; abstract).
Claim 13, Zonana discloses wherein the dispensing structure is a rotating dispenser (300) forming a respective opening (opening of 300 that allows pill to fall through after rotating to the dispensing position) configured to receive the portion at least one product of the plurality of products.
Claim 18, Zonana discloses a locking lid assembly comprising: a lid housing (200) forming an interior volume configured to store a plurality of products, the lid housing (200) further forming a lid housing opening (fig.2; wide opening of 200 wherein 450 rests upon) coupled to the interior volume, wherein the lid housing is oriented to cause the plurality of products stored in the interior volume to rest against the lid housing opening (see figures); and a substantially cylindrical dispensing structure (300) disposed in the interior volume of the lid housing, the substantially cylindrical dispensing structure (300) forming a dispensing structure opening (figs.4-8) configured to receive one or more products, wherein the substantially cylindrical dispensing structure is configured to rotate to cause the one or more products disposed in the dispensing structure opening to be dispensed through the lid housing opening (C10-C12).
Claim 19, Zonana discloses wherein the one or more products are medication in solid dosage form, wherein a portion at least one product of the one or more products corresponds to a dosage of the medication (see abstract).
Claims 5,14 rejected under 35 U.S.C. 103 as being unpatentable over Zonana et al. (US 8,727,180) in view of Ratnakar (US 2010/0100237).
Claim 5, Zonana discloses wherein the lid assembly (200) further comprises a sensor (1500) configured to provide sensor data to the processing device indicative that the at least one product of the plurality of products is at the pre-loaded position (C16:L1-10).
Zonana does not disclose wherein the lid assembly further comprises a sensor configured to provide sensor data to the processing device indicative that the at least one product of the plurality of products have passed through the opening, wherein the sensor comprises at least one of an infrared sensor, a motion sensor, a magnetic sensor, a proximity sensor, an optical sensor, a photoelectric sensor, a weight sensor, a hall effect sensor, a light sensor, or a mechanical trigger.
Ratnakar discloses wherein the assembly further comprises a sensor (20) configured to provide sensor data to the processing device indicative that the at least one product of the plurality of products have passed into the dispensing compartment (13), wherein the sensor comprises at least one of an
infrared sensor, a motion sensor, a magnetic sensor, a proximity sensor, an optical sensor, a photoelectric sensor (para.0041), a weight sensor, a hall effect sensor, a light sensor, or a mechanical trigger. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Zonana with wherein the lid assembly further comprises a sensor configured to provide sensor data to the processing device indicative that the at least one product of the plurality of products have passed through the opening, wherein the sensor comprises at least one of an infrared sensor, a motion sensor, a magnetic sensor, a proximity sensor, an optical sensor, a photoelectric sensor, a weight sensor, a hall effect sensor, a light sensor, or a mechanical trigger simply to effectively track and count the pills as they fall into the dispensing compartment.
Claim 14, Zonana discloses wherein the lid assembly (200) further comprises a sensor (1500) configured to provide sensor data to the processing device indicative that the at least one product of the plurality of products is at the pre-loaded position (C16:L1-10).
Zonana does not disclose wherein the lid assembly further comprises a sensor configured to provide sensor data to the processing device indicative that the at least one product of the plurality of products have passed through the opening, wherein the sensor comprises at least one of an infrared sensor, a motion sensor, a magnetic sensor, a proximity sensor, an optical sensor, a photoelectric sensor, a weight sensor, a hall effect sensor, a light sensor, or a mechanical trigger.
Ratnakar discloses wherein the assembly further comprises a sensor (20) configured to provide sensor data to the processing device indicative that the at least one product of the plurality of products have passed into the dispensing compartment (13), wherein the sensor comprises at least one of an infrared sensor, a motion sensor, a magnetic sensor, a proximity sensor, an optical sensor, a photoelectric sensor (para.0041), a weight sensor, a hall effect sensor, a light sensor, or a mechanical trigger. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Zonana with wherein the lid assembly further comprises a sensor
configured to provide sensor data to the processing device indicative that the at least one product of the plurality of products have passed through the opening, wherein the sensor comprises at least one of an infrared sensor, a motion sensor, a magnetic sensor, a proximity sensor, an optical sensor, a photoelectric sensor, a weight sensor, a hall effect sensor, a light sensor, or a mechanical trigger simply to effectively track and count the pills as they fall into the dispensing compartment.
Claims 6,15 rejected under 35 U.S.C. 103 as being unpatentable over Zonana et al. (US 8,727,180) in view of Ratnakar (US 2010/0100237) in view of Provencher et al. (US 2020/0206087).
Claim 6, Zonana in view of Ratnakar discloses sensor data indicative that the portion of the plurality of products have passed through the opening (see rejection of Claim 5 above).
Although Zonana does not disclose actuate the cover structure (310) to cover the opening, responsive to receiving, from the sensor, the sensor data indicative that the at least one product of the plurality of products have passed through the opening, it would have been obvious to one having ordinary skill in the art before the effective filing date to implement such a configuration since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192.
Zonana in view of Ratnakar do not disclose wherein the processing device is to reset a timer and actuate the cover structure to cover the opening, responsive to receiving, from the sensor, sensor data indicative that the portion of the plurality of products have passed through the opening.
Provencher discloses wherein the processing device is to reset a timer (para.0067). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Zonana in view of Ratnakar with wherein the processing device is to reset a timer and actuate the cover structure to cover the opening, responsive to receiving, from the sensor, sensor data indicative that the portion of the plurality of products have passed through the opening to effectively control the predetermined time for the appropriate initiating of dispensing of medication.
Claim 15, Zonana in view of Ratnakar discloses sensor data indicative that the portion of the plurality of products have passed through the opening (see rejection of Claim 14 above).
Although Zonana does not disclose actuate the cover structure (114) to cover the opening, responsive to receiving, from the sensor, the sensor data indicative that the at least one product of the plurality of products have passed through the opening, it would have been obvious to one having ordinary skill in the art before the effective filing date to implement such a configuration since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192.
Zonana in view of Ratnakar do not disclose wherein the processing device is to reset a timer and actuate the cover structure to cover the opening, responsive to receiving, from the sensor, sensor data indicative that the portion of the plurality of products have passed through the opening.
Provencher discloses wherein the processing device is to reset a timer (para.0067). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Zonana in view of Ratnakar with wherein the processing device is to reset a timer and actuate the cover structure to cover the opening, responsive to receiving, from the sensor, sensor data indicative that the portion of the plurality of products have passed through the opening to effectively control the predetermined time for the appropriate initiating of dispensing of medication.
Claims 7,16 rejected under 35 U.S.C. 103 as being unpatentable over Zonana et al. (US 8,727,180) in view of Bukstein et al. (US 2019/0142698).
Claims 7 &16, Zonana does not disclose a user interface coupled to the processing device, wherein the user interface is configured to display medication data, comprising at least one of dosage data, dosage interval data, or dosage duration data.
Bukstein discloses a user interface (148; para.0061) coupled to the processing device (104), wherein the user interface is configured to display medication data comprising at least one of dosage
data, dosage interval data, or dosage duration data (para.0061; content may be displayed or communicated would inherently consist of dosage data and pertinent information regarding the patient’s drug regimen). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Zonana with a user interface coupled to the processing device, wherein the user interface is configured to display medication data, comprising at least one of dosage data, dosage interval data, or dosage duration data simply to have a user interface for entering details about prescription regimens.
Claims 8-9,17 rejected under 35 U.S.C. 103 as being unpatentable over Zonana et al. (US 8,727,180) in view of Bowline et al. (US 2018/0078200).
Claim 8, Zonana does not disclose a user interface coupled to the processing device; wherein the user interface is configured to receive user input associated with at least one of a predetermined amount of time or the portion of the plurality of products to be dispensed via the opening, wherein the processing device is configured to determine that the portion of the plurality of products is to be dispensed based on the user input.
Bowline discloses a user interface coupled to the processing device; wherein the user interface is configured to receive user input associated with at least one of a predetermined amount of time or the portion of the plurality of products to be dispensed via the opening, wherein the processing device is configured to determine that the portion of the plurality of products is to be dispensed based on the user input (para.0064; details about prescription regiments includes the portion of plurality of medication to be dispensed and is solely based on the user input into the user interface). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Zonana with a user interface coupled to the processing device; wherein the user interface is configured to receive user input associated with at least one of a predetermined amount of time or the portion of the plurality of products to be dispensed via the opening, wherein the processing device is
configured to determine that the portion of the plurality of products is to be dispensed based on the user input simply to have a user interface for entering details about prescription regimens.
Claim 9, Zonana does not disclose a user interface coupled to the processing device; wherein the user interface is configured to receive user input associated with actuating the cover structure to uncover the opening and to allow the at least one product of the plurality of products to pass through the opening, wherein the processing device is configured to determine that at least one product of the plurality of products is to be dispensed based on the user input.
Bowline discloses a user interface coupled to the processing device; wherein the user interface is configured to receive user input to allow the portion of the plurality of products to be dispensed, wherein the processing device is configured to determine that the portion of the plurality of products is to be dispensed based on the user input (para.0064; details about prescription regiments includes the portion of plurality of medication to be dispensed and is solely based on the user input into the user interface). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Zonana with a user interface coupled to the processing device; wherein the user interface is configured to receive user input to allow the portion of the plurality of products to pass through the opening, wherein the processing device is configured to determine that the portion of the plurality of products is to be dispensed based on the user input simply to have a user interface for entering details about prescription regimens.
Although Zonana in view of Bowline do not disclose wherein the user interface is configured to receive user input associated with actuating the cover structure (Zonana, 310) to uncover the opening (figs.1-6), it would have been obvious to one having ordinary skill in the art before the effective filing date to implement such a configuration since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192.
Claim 17, Zonana does not disclose a user interface coupled to the processing device; wherein the user interface is configured to receive user input associated with at least one of a predetermined amount of time or the portion of the plurality of products to be dispensed via the opening, wherein the processing device is configured to determine that the portion of the plurality of products is to be dispensed based on the user input.
Bowline discloses a user interface coupled to the processing device; wherein the user interface is configured to receive user input associated with at least one of a predetermined amount of time or the portion of the plurality of products to be dispensed via the opening, wherein the processing device is configured to determine that the portion of the plurality of products is to be dispensed based on the user input (para.0064; details about prescription regiments includes the portion of plurality of medication to be dispensed and is solely based on the user input into the user interface). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Zonana with a user interface coupled to the processing device; wherein the user interface is configured to receive user input associated with at least one of a predetermined amount of time or the portion of the plurality of products to be dispensed via the opening, wherein the processing device is configured to determine that the portion of the plurality of products is to be dispensed based on the user input simply to have a user interface for entering details about prescription regimens.
Claim 20 rejected under 35 U.S.C. 103 as being unpatentable over Zonana et al. (US 8,727,180) in view of Butaud et al. (US 11,679,063).
Claim 20, Zonana discloses a removable insert, wherein the removable insert (450) is removably coupled to a dispensing structure port (500), the removable insert (450) being configured to change a size, shape, or function of the ramp portion (420) when inserted to accommodate different sizes and shapes of medication in solid dosage form.
Although Zonana does not disclose the removable insert being configured to change a size, shape, or function of the dispensing structure opening when inserted to accommodate different sizes and shapes of medication in solid dosage form,
Butaud discloses a removable insert (24), wherein the removable insert (24) is removably coupled to a dispensing structure port (98), the removable insert (24) being configured to change a size (C17:L15-27), shape, or function of the dispensing structure opening (34; the function of 34 has changed since different sized pills are now dispensed out of it) when inserted to accommodate different sizes and shapes (C17:L15-27; different sizes inherently consists of different shapes as well as long as they fit into the size criteria of the replaced removable insert) of medication in solid dosage form. Therefore, it would have been obvious to one of ordinary skill in the art to provide the device of Zonana with the removable insert being configured to change a size, shape, or function of the dispensing structure opening when inserted to accommodate different sizes and shapes of medication in solid dosage form because it’s a very well-known configuration in the art to modify the dispensing opening of a pill dispenser to accommodate smaller and/or larger sized pills.
Conclusion
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/AYODEJI T OJOFEITIMI/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651