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 .
The instant Office Action is a second Non-Final Rejection correcting issue pertaining the rejection cited in view Gudish references instead of reciting the Conley reference.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, the “proximal edge” as recited in claim 1 line 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, the “a second insert lock” as recited in claim 3 line 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, the “child-proof emergency dose capsule” as recited in claim 4 line 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, the “tamper evident screw system” as recited in claim 9 line 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Therefore, the “first device” as recited in claim 21 line 2 must be shown or the feature(s) canceled from the claim(s). Similar issues pertaining to
“first opening” as recited in claim 21 line 3,
“first inner volume” as recited in claim 21 line 3,
“second device” as recited in claim 21 line 8,
“second inner volume” as recited in claim 21 line 3,
“second opening” as recited in claim 21 line 10,
Structure of claim 21 as recited “A dispensing system comprising:
a first device comprising a housing having an inner surface, an outer surface and side wall defining a first inner volume; a first opening formed on the side wall extending between the inner and outer surfaces; an insert rotationally mounted within the first inner volume comprising a plurality of compartments such that only one of the compartments at a time is accessible via the first opening; and an RFID configured to provide information about said first device and the substances contained therein; a second device comprising a housing having an inner surface, an outer surface and side wall defining a second inner volume, wherein the perimeter defined by the side wall of the first device and second device are the same; a second opening formed on the side wall extending between the inner and outer surfaces; an insert rotationally mounted within the second inner volume comprising a plurality of compartments such that only one of the compartments at a time is accessible via the slot; and an RFID configured to provide information about said first device and the substances contained therein; and a base repository configured to receive the first device and second device comprising an enclosure defined by the first device and second device side walls, thereby allowing the first opening of the first device and the second opening of the second device to align; a processing system disposed in base repository, comprising sensors to identify the first device and second device, wherein said processing system provides for rotating the insert of the first device relative to the insert of the second device; and a dispensing area for collecting the substances contained within the aligned compartments of the first device and second device,” must be shown or the feature(s) canceled from the claim(s). Currently, the claimed structure and constituent part are not shown.
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1,2,5,11,12 and 15 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Conley (US 7,743,923).
Referring to claims 1 and 11. Conley discloses a dispenser (10; Figure 1) and a method to dispense medicaments comprising:
a housing (including members 12 and 14) having an inner surface (inner surface of housing 12 and 14) and an outer surface (outer surface of housing 12 and 14), the inner surface defining a housing inner volume (inner volume of 10), the housing having an opening (23) formed therein that extends between the inner and outer surfaces (see Figure 1);
an insert (16) rotationally mounted within the housing inner volume (inner volume of 10) and rotatable relative to the housing (10), the insert comprising a plurality of compartments (20) along a proximal edge thereof, the insert (20) and opening (23) disposed and dimensioned such that only one of the compartments at a time is accessible via the opening (articles can be extracted through opening 23; see Figure 1), and a different one of the compartments is accessible via the opening each time the insert is rotated a predetermined amount (when insert 16 is rotated to align a second compartment with opening 23);
an insert lock (deenergized motor 44 prevents rotation of tray 16; Col. 5 line 63)
disposed within the housing inner volume (interior of 10; Figure 1)
and selectively movable between a lock position (a timing sequence is initiated and during that sequence the medication tray 16 is locked in place by deenergized motor; the medication tray 16 is signaled to rotate; Col. 4 line 59), in which the insert lock prevents rotation of the insert (tray prevented from rotating), and
an unlock position (After the interval has elapsed, motor can be energized to rotate the tray; the medication tray 16 is rotated, through action of the motor and associated gearing, through an arc segment to align the passage 18 with the next one of the plurality of medication compartments 20; Col. 4 line 58), in which the insert lock does not prevent rotation of the insert (tray can be rotated); and
a processing system (controller, 30; Figure 2) disposed within the housing inner volume and in operable communication with the insert lock (processor controlling, a timing sequence initiated energizing and deenergizing of motor 44 and during that sequence the medication tray 16 is locked in place; Col. 4 line 59), the processing system configured to
(i) move the insert lock (rotating mechanism of insert 16) from the lock position (nonrotating position of the insert) to the unlock position (rotating position of the insert) at a first time period after a predetermined event (after dispensing article; the controller 30 activates the timer 36 to begin a counting sequence representing the dosing interval. When the timer 36 times out, the dosing interval has elapsed and the patient is permitted to administer the next dose; Col. 5 line 39),
(ii) move the insert lock (rotating mechanism of insert 16) from the unlock position to the lock position each time the insert is rotated (restarts the counting sequence for the next dispensing event), and
(iii) prevent the insert lock (rotating mechanism of insert 16) from being moved from the lock position to the unlock position after a second predetermined time period (prevents dispensing of articles from 16 when counting sequence is not finished), wherein the first time period is uniform in length or changes in length at least once during the second predetermined time period (since the drugs can be administered only after the lapse of the predetermined time interval between doses. For example, a drug prescribed as needed every six hours may be given no more than four times in 24 hours. Such a drug may be administered from zero to four times in any given 24 hour period, depending upon patient dosage requests. If six hours have passed since the last administration of the drug, the medication is provided to the patient in response to the request. If six hours have not lapsed, the patient must wait the minimum time interval of six hours prior to receiving the next drug dose; Col. 1 line 53).
Referring to claims 2 and 12. Conley discloses a dispenser (10; Figure 1) and a method to dispense medicaments comprising:
wherein the first time period increases in length of time by a fixed amount of additional time after the predetermined event (first time period is a first dispensing event initiated by the alarm, followed by a second first time period that is after the first time period, a third and a fourth first time period that occur later wherein the length of time for each first time period of time increases from the initial predetermined event, such as every 4hrs, 6hrs or 8hrs).
Referring to claims 5 and 15. Conley discloses a dispenser (10; Figure 1) and a method to dispense medicaments comprising:
a display screen (display of 42; Figure 3) disposed on the outer surface of the housing operably connected to the processing system (controller, 30; Figure 2).
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 6-10 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Conley (US 7,743,923) in view of Gudish (US 6,145,697).
Referring to claims 6 and 16. Conley does not specifically disclose wherein the insert is configured to act as a rachet, and a pawl, disposed within the housing volume and operably connected to the insert, is configured to limit the insert to rotation in the first rotational direction.
Gudish discloses a dispenser (10; Figure 1) and a method to dispense medicaments comprising:
wherein the insert (16) is configured to act as a rachet (76; Figure 6), and a pawl (63), disposed within the housing volume (interior of 10) and operably connected to the insert (16), is configured to limit the insert to rotation in the first rotational direction (each actuation limits the rotation to the width of member 63).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Conley to include the insert is configured to act as a rachet, and a pawl, disposed within the housing volume and operably connected to the insert, is configured to limit the insert to rotation in the first rotational direction as taught by Gudish because the cartridge would be prevented from inadvertently rotation during storage and transportation.
Referring to claims 7 and 17. Gudish discloses a dispenser (10; Figure 1) and a method to dispense medicaments comprising:
wherein the processing system (Figure 12) is configured on a circuit (PCB) comprising a processor (132), a clock (150), a controller (Figure 12), a battery (battery for 168 not shown), and a memory (memory) housed on a printed circuit board (Model No. PIC 16C57) operationally disposed in the inner volume of the housing (disposed in the interior of 10).
Referring to claims 8 and 18. Gudish discloses a dispenser (10; Figure 1) and a method to dispense medicaments comprising:
a housing lock system (16; Figure 1)
disposed within the housing volume (lock portion inside the housing) and accessible on the outer surface of the housing (see Figure 1) and
(ii) selectively configurable between a locked state (locking mechanism 16 can be locked), in which the interior housing volume is inaccessible to a user, and an unlocked state (locking mechanism 16 can be unlocked by the provider) in which the interior housing volume is accessible to the user (tablets can be loaded into dispenser).
Referring to claims 9 and 19. Gudish discloses a dispenser (10; Figure 1) and a method to dispense medicaments comprising:
wherein the housing lock system (16) comprises a tamper evident screw system (lock and key to rotate to open).
Referring to claims 10 and 20. Gudish discloses a dispenser (10; Figure 1) and a method to dispense medicaments comprising:
wherein the housing lock system (16) comprises a snap lock system (see projection of 14 extending into body of 22; Figure 11).
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 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Conley (US 7,743,923) in view of Gudish (US 6,145,697) in view of Shaw (US 5,176,285).
Referring to claims 3 and 13. Conley in view of Gudish do not specifically disclose a second insert lock disposed on the outer surface of the housing and selectively movable between a lock position, in which the second insert lock prevents rotation of the insert, and an unlock position, in which the second insert lock does not prevent rotation of the insert.
Shaw discloses a pill dispensing apparatus wherein a dispenser (12; Figure 1A, 2A) comprising:
a second insert lock (91; Figure 2A) disposed on the outer surface of the housing (housing of 12) and selectively movable between a lock position(when nub 93 does not engage member 95), in which the second insert lock prevents rotation of the insert (see Figure 2A), and an unlock position (as shown in Figure 2A, wherein nub 83 engages member 95), in which the second insert lock does not prevent rotation of the insert (cartridge 38 is free to rotate).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Conley in view of Gudish to include a second insert lock disposed on the outer surface of the housing and selectively movable between a lock position, in which the second insert lock prevents rotation of the insert, and an unlock position, in which the second insert lock does not prevent rotation of the insert as taught by Shaw because the cartridge would be prevented from inadvertently rotation during storage and transportation.
Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Conley (US 7,743,923) in view of Gudish (US 6,145,697) in view of Baum (US 2004/0182873 A1).
Referring to claims 4 and 14. Conley in view of Gudish do not specifically disclose comprising a child-proof emergency dose capsule disposed in the housing inner volume and accessible on the outer surface of the housing.
Baum discloses a pill dispenser (10; Figure 1) comprising a child-proof emergency dose capsule (76; Figure 8B; Para. [0079]) disposed in the housing inner volume (interior of 12) and accessible on the outer surface of the housing (see Figure 1).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Conley in view of Gudish to include a child-proof emergency dose capsule disposed in the housing inner volume and accessible on the outer surface of the housing as taught by Baum because an emergency dose can be accessed when needed without activating the dispensing cycle.
Claim 21 is rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Shaw (US 5,176,285) in view of Abdulhay (US 7,711,449).
Referring to claim 21. Shaw discloses a dispenser system (10; Figure 1) comprising:
a first device (first cartridge 38; Figure 1B) comprising a housing (housing of 38; Figure 4) having an inner surface (inner surface of 38), an outer surface (outer surface of 38) and side wall (sidewall of 38) defining a first inner volume (interior of 38);
a first opening (opening 72) formed on the side wall extending between the inner and outer surfaces (see Figure 4);
an insert (62) rotationally mounted within the first inner volume (interior of 38) comprising a plurality of compartments (64) such that only one of the compartments at a time is accessible via the first opening (72); and
an RFID (52) configured to provide information about said first device and the substances contained therein (Various information collected by the controller 30, such as patient's dosing times and the minimum dosing interval, is supplied to the remote computing device via the network interface 52; Col. 7 lines 5-10);
a second device (second cartridge 38; Figure 1B) comprising a housing (housing of 38) having an inner surface, an outer surface and side wall defining a second inner volume (see Figure 1), wherein the perimeter defined by the side wall of the first device (first cartridge 38; Figure 1B) and second device (second cartridge 38; Figure 1B) are the same (see installed dispenser; Figure 1B);
a second opening (opening 72 in second cartridge) formed on the side wall extending between the inner and outer surfaces (see Figure 4);
an insert (62) rotationally mounted within the second inner volume comprising a plurality of compartments such that only one of the compartments at a time is accessible via the slot (72; see Figure 4); and
and a base repository (base of 12; Figure 1B) configured to receive the first device and second device (first and second cartridges 38) comprising an enclosure defined by the first device and second device side walls (in housing 12), thereby allowing the first opening (72) of the first device and the second opening (72) of the second device to align (align downwards); and
a dispensing area (20) for collecting the substances contained within the aligned compartments of the first device and second device (see Figure 1B).
Shaw does not disclose an RFID configured to provide information about said first device and the second device and substances contained therein;
a processing system disposed in base repository, comprising sensors to identify the first device and second device, wherein said processing system provides for rotating the insert of the first device relative to the insert of the second device.
Abdulhay discloses a personal medication dispenser (Figure 1) wherein an RFID (50; Figure1) configured to provide information about said first device and the second device and substances contained therein (In a more complicated embodiment, the pharmacist can provide schedule and warning information by programming the unit or by providing the user with a means to enter the information. For example, the remote access path 50 can be arranged to read from (and possibly also write reporting information to) an integrated circuit card or smart card, a diskette or the like. In another example, the remote access path 50 can couple to a wireless or modem interface with a phone line to a computer system operated by the prescribing doctor or the pharmacist or the pharmaceutical supplier, or by a network link over the Internet; Col. 7 lines 1-12)
a processing system (22; processor) disposed in base repository, comprising sensors (38) to identify the first device and second device (32), wherein said processing system (22; processor) provides for rotating the insert of the first device relative to the insert of the second device (At least one of the rollers is drivable by a motor from a signal generated by controller 22 or by a driver associated with the I/O interface 48; Col. 9 line 53).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Gudish to include an RFID configured to provide information about said first device and the second device and substances contained therein;
a processing system disposed in base repository, comprising sensors to identify the first device and second device, wherein said processing system provides for rotating the insert of the first device relative to the insert of the second device as taught by Abdulhay because the central controller would provide better control the dispensing of articles along with providing an update to the dispenser based on the provider’s request.
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 RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAKESH KUMAR/Primary Examiner, Art Unit 3651