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 .
Claim Objections
Claim 16 is objected to because of the following informalities: the claim has a period on line 18. Appropriate correction is required.
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) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over PUGSLEY (USPGPUB 2021/0205180) and further in view of Baranowski (USPGPUB 2004/0164088).
Regarding claim 1, PUGSLEY discloses a medication dispensing system comprising:
a housing (see Figure 1) for at housing at least one medication in bulk, the at least one medication including a plurality of doses of the at least one medication;
a dispenser (see Figure 8) for separating a single dose from the at least one medication in bulk, the dispenser moving the single dose of the at least one medication from a position within the housing to a position outside the housing (see paragraph [0133]);
an optical verification sensor for verifying the at least one medication is a correct medication (see paragraph [0141]);
an interface (see Figure 1) for receiving a plurality of inputs and displaying a plurality of outputs (see paragraph [0105]);
a network connection (see Figure 3); and
a virtual health advisor module associated with the medication dispensing apparatus which includes an instruction set, which when executed by a processor associated with the medication dispensing apparatus causes the medication dispensing apparatus to
produce a prompt at the interface, the prompt seeking an input related to human health (see paragraphs [0087], [0089], [0121], and [0132]);
receive at least one input related to human health (see paragraph [0121]); and
implement an action in response to the at least one input (see paragraph [0132]).
However, they do not disclose a weight verification sensor for verifying the at least one medication is a correct medication. Baranowski discloses a weight verification sensor for verifying the at least one medication is a correct medication (see paragraph [0045] and claim 6). 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 system disclosed by PUGSLEY by including a weight verification sensor for verifying the at least one medication is a correct medication, as disclosed by Baranowski, with a reasonable expectation of success for the purpose of providing one or more sensing units to detect a physical characteristic including weight (see claims 2 and 6) to determine if the measured item is outside a predetermined range for the item (see paragraphs [0045]-[0046]).
Regarding claim 2, PUGSLEY discloses the medication dispensing system of claim 1 wherein the at least one input is a prescription input which includes at least one time for dispensing the at least one medication, the medication dispensing apparatus dispensing the at least one medication in response to the at least one time from the prescription input (see paragraphs [0035], [0071], [0084], and [0100]).
Regarding claim 3, PUGSLEY discloses the medication dispensing system of claim 1 wherein the network connection is an internet connection (see paragraph [0063]).
Regarding claim 4, PUGSLEY discloses the medication dispensing system of claim 1 wherein the network connection is a cloud connection (see paragraph [0003]).
Regarding claim 5, PUGSLEY discloses the medication dispensing system of claim 1 wherein the action implemented includes producing more prompts associated with a decision tree (see paragraphs [0068], [0073], [0099]-[0100], [0148], and [0154]).
Regarding claim 6, PUGSLEY discloses the medication dispensing system of claim 1 wherein the action implemented includes a determination of a preliminary diagnosis (see “emergency” in paragraph [0114] and paragraph [0127]).
Regarding claim 7, PUGSLEY discloses the medication dispensing system of claim 1 wherein caregivers are also connected to the network interface and wherein the action implemented further comprises:
a determination of a preliminary diagnosis (see “emergency” in paragraph [0114]); and
communication of the preliminary diagnosis to the caregivers (see “alert” in paragraph [0114]).
Regarding claim 8, PUGSLEY discloses the medication dispensing system of claim 7 wherein caregivers includes medical personnel (see paragraph [0114]), physicians, and pharmacists.
Regarding claim 9, PUGSLEY discloses the medication dispensing system of claim 1 wherein the at least one prompt seeks an input regarding the presence of a patient (see paragraphs [0073], [0102], and [0114]).
Regarding claim 10, PUGSLEY discloses the medication dispensing system of claim 1 wherein the at least one prompt seeks an input regarding the general well being of a user (see paragraph [0073]).
Regarding claim 11, PUGSLEY discloses the medication dispensing system of claim 1 wherein the at least one input triggers a set of prompts produced by artificial intelligence (see paragraphs [0068], [0099]-[0100] and [0148]).
Regarding claim 12, PUGSLEY discloses the medication dispensing system of claim 1 wherein the at least one input is related to the start of a new medication (see paragraphs [0066], [0100], and [0126]).
Regarding claim 13, PUGSLEY discloses the medication dispensing system of claim 1 wherein the at least one input is related to the start of a new medication and is delivered at a selected time after the new medication was first taken (see paragraphs [0073] and [0097]).
Regarding claim 14, PUGSLEY discloses the medication dispensing apparatus of claim 1 further comprising a report generator that produces a schedule of consumption and holds the schedule of consumption in a memory (see paragraph [0073]).
Regarding claim 15, PUGSLEY discloses the medication dispensing apparatus of claim 14 wherein the schedule of consumption can indicate a lack of compliance regarding taking a medication and the lack of compliance is an input to the virtual health advisor (see paragraph [0075]).
Regarding claim 16, PUGSLEY discloses a patient care dosing system comprising:
a plurality of medication dispensing apparatus (see Figure 3) comprising
a housing (see Figure 1) for at housing at least one medication in bulk, the at least one medication including a plurality of doses of the at least one medication;
a dispenser (see Figure 8) for separating a single dose from the at least one medication in bulk, the dispenser moving the single dose of the at least one medication from a position within the housing to a position outside the housing (see paragraph [0133]);
an optical verification sensor for verifying the at least one medication is a correct medication (see paragraph [0141]);
a virtual health advisor module associated with the plurality of medication dispensing apparatus which includes an instruction set, which when executed by a processor associated with the medication dispensing apparatus causes the medication dispensing apparatus to
produce a prompt at the interface for a particular user, the prompt seeking an input related to human health (see paragraphs [0087], [0089], [0121], and [0132]);
receive at least one input related to human health (see paragraph [0121]); and
implement an action in response to the at least one input (see paragraph [0132]).
a circuit (see paragraphs [0063], [0065], [0074], [0082], and [0123]) to allow at least one of the plurality of medication dispensing apparatus to be communicatively coupled to another of the plurality of medication dispensing apparatus;
a server (see Figure 3) for storing patient information including dosing information (see paragraph [0074]); and
a plurality of nursing station devices (see Figure 3) communicatively coupled with the server, and the plurality of medication dispensing apparatus (see paragraph [0123]).
However, they do not disclose a weight verification sensor for verifying the at least one medication is a correct medication. Baranowski discloses a weight verification sensor for verifying the at least one medication is a correct medication (see paragraph [0045] and claim 6). 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 system disclosed by PUGSLEY by including a weight verification sensor for verifying the at least one medication is a correct medication, as disclosed by Baranowski, with a reasonable expectation of success for the purpose of providing one or more sensing units to detect a physical characteristic including weight (see claims 2 and 6) to determine if the measured item is outside a predetermined range for the item (see paragraphs [0045]-[0046]).
Regarding claim 17, PUGSLEY discloses the patient care dosing system of claim 16 comprising a receiver for a plurality of patient assignments to a specific medication dispensing apparatus (see paragraph [0090]).
Regarding claim 18, PUGSLEY discloses the patient care dosing system of claim 16 comprising a dashboard display output for a plurality of patient assignments to a specific medication dispensing apparatus (see paragraph [0128]), the apparatus showing compliance for taking medications over a time frame (see paragraph [0075]).
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.
10/30/2025
/MICHAEL COLLINS/Primary Examiner, Art Unit 3655