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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 28 May 2026 has been entered.
Information Disclosure Statement
The information disclosure statement(s) (IDS) was/were submitted on 5 August 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Response to Arguments
Applicant’s arguments, see Response to Final Rejection mailed 20 February 2026, filed 28 May 2026, with respect to Claim Rejections under 35 USC §103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Matsui et al. (US 2014/0022569 A1).
Claim Rejections - 35 USC § 103
Claim(s) 7-8, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alouani et al. (US 7028723 B1) in view of Matsui et al. (US 2014/0022569 A1).
Regarding Claim 7, Alouani discloses system for [imaging] a pharmaceutical compound [Alouani: Title] comprising; a scale operatively connected to the at least one processor [Alouani: Col. 2, ll. 12-14: The automatic prescription verification system is preferably equipped with a range sensor, a digital camera, and a scale]; and an image capture device operatively connected to the at least one processor and the scale and positioned to capture an image of at least one of a component used in [imaging] the compound and the pharmaceutical compound [Alouani: Col. 7, ll. 31-35: The turn-table 320 then rotates again to bring the nest to a predetermined position on a scale 316, where a weight measurement is obtained. The turn-table 320 then rotates again to bring the nest to a predetermined position relative to a camera 314, where image data is obtained], wherein the scale transmits a signal to the at least one processor indicating that a weight detected thereby has changed when the at least one component is placed thereon [Alouani: Col. 6, ll. 46-60: The automatic prescription verification system 100 obtains actual image information and actual weight information about the filled prescription of pills in the pill bottle (step 208), and determines a prescription accuracy level (step 210) based on the actual image information and actual weight information in view of the expected image information and expected weight information associated with the prescription information. Generally, if the accuracy level is acceptable (determined in step 212), for example if the actual image information is within pre-defined image tolerance limits of expected image information and the actual weight information is within pre-defined weight tolerance limits of expected weight information, the filled prescription is accepted (step 214) and can be shipped to the consumer] and, based on the signal, the at least one processor triggers the image capture device to capture the image of the at least one component [Alouani: Col. 7, ll. 31-35; “wherein based on the signal” appears broad and the completion of the weighing step sending any signal which allows the process to proceed to the imaging step is “based on the signal”. If “triggers” is read as immediate, such disclosure is well-known and may be found in [Teller: ¶ [0145]: In one embodiment, the system of the present invention saves images during the duration of a specific event, for instance, the tilt of a dispensing container or the motion of a handle on a dispensing apparatus. FIG. 10 is a flowchart which illustrates the process for automatically identifying a trigger condition which saves the images. A similar method may also be used for data obtained from an RFID or barcode. In some embodiments the system may also saves images immediately before and after the triggering event, enhancing the context of the image or video of the dispensing event and providing information for auditing purposes]. Furthermore, the camera and scale are only required to be “operatively connected” with no restriction on their placement relative to one another].
Alouani may not explicitly disclose a computing device comprising a user interface providing an operator with instructions for formulating the pharmaceutical compound and at least one processor operatively connected to the user interface; and displays the image of the at least one component on the user interface for review by the operator during formulation of the pharmaceutical compound by the operator.
However, Matsui discloses a system for preparing a pharmaceutical compound comprising: a computing device comprising a user interface providing an operator with instructions for formulating the pharmaceutical compound and at least one processor operatively connected to the user interface [Matsui: ¶ [0055] The mixed injection terminal 14 includes a touch panel display 21, through which a user performs various operations, that is capable of displaying various information such as a list of drugs included in mixed injection targets or an inspection state of the drugs to be included in a mixed injection preparation, a device body 22 that has a scanner 37 that is a reader configured as an object scanner that scans an ID of a nurse (or the like) who is a user, a bar code including identification information on a drug, an image of the drug or the like, a printer 23 for printing out various information, a camera 24 that images a work of an operator, and a scale 25 that measures the weight of a drug or other component to be included in a mixed injection preparation], and displays the image of the at least one component on the user interface for review by the operator during formulation of the pharmaceutical compound by the operator [Matsui: FIG. 10; and ¶ [0087] The drug list display area 48 includes a drug name display area 61 that displays names of drugs in the prescribed mixed injection preparation, a unit number display area 62 where when the amount of drug prescribed is designated the units of the dose (amount in which a drug shows a specific biological effect) is displayed, the number of units to be administered is displayed, an instructed amount display area 63 where when the amount of drug prescription is designated as an instructed amount (weight or volume), the amount to be prescribed (weight or volume) is displayed, and a necessary number display area 64 where the number of a drug (the number of an ampoule, a vial or the like) necessary for satisfying the unit number designated by the unit number display area 62 or the instruction amount designated by the instruction amount display area 63 is displayed in a line by the same number of marks (icons, patterns) M1 as the number of the drug and the number of the drug is displayed as a numerical value].
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the image and weight verification of Alouani to the pharmaceutical compound verification of Matsui in order to provide higher accuracy quality control.
Regarding Claim 10, Alouani in view of Matsui disclose(s) all the limitations of Claim 8, and is/are analyzed as previously discussed with respect to that claim.
Furthermore, Alouani in view of Matsui discloses wherein the data record and images are transmitted to a pharmacist workstation for verification [Matsui: ¶ 0077] In the determination of step S14, if the response of the electronic medical record server 11 or the pharmacy server 19 is a transmission of a list including the drugs to be included in the mixed injection preparation corresponding to the order number, this means that there is no error in the order content (No in step S14), and thus, the MPU 31 displays an order content display screen G3 on the basis of the obtained list data (step S15)].
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alouani in view of Matsui as applied to claim 7 above, and further in view of Landa (US 2013/0271796 A1).
Regarding Claim 11, Alouani in view of Matsui disclose(s) all the limitations of Claim 7, and is/are analyzed as previously discussed with respect to that claim.
Alouani in view of Matsui may not explicitly disclose wherein, if the image is deemed to be unacceptable by the operator, the user interface is configured to provide the operator with the capability to recapture the image.
However, Landa discloses wherein, if the image is deemed to be unacceptable by the operator, the user interface is configured to provide the operator with the capability to recapture the image [Landa: Abstract: Unacceptable images are flagged for recapture].
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the compound verification system of Alouani in view of Matsui with the recapture of unusable images of Landa in order to ensure verification via imaging is achievable via usable images, improving accuracy and robustness.
Claim(s) 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alouani in view of Matsui as applied to claim 7 above, and further in view of Teller (US 2006/0238346 A1).
Regarding Claim 9, Alouani in view of Matsui disclose(s) all the limitations of Claim 7, and is/are analyzed as previously discussed with respect to that claim.
Furthermore, Alouani in view of Matsui discloses to provide instruction on the user interface to allow the operator to move to a next step of the instructions for preparing the pharmaceutical compound [Matsui: ¶ [0063] In this case, information for specifying drugs that are to be included in the mixed injection and information relating to the amount of each drug are included in the instruction data (for example, prescription data), and an order number for specifying the instruction data is allocated thereto. The order number is sent together with an instruction (so-called mixed injection instruction) to a pharmacist or a nurse or is printed as a symbol code such as a bar code on the instruction].
Alouani in view of Matsui may not explicitly disclose wherein a removal of the at least one component from the scale causes the at least one processor to accept the image, associate the image with a data record.
However, Teller discloses wherein a removal of the at least one component from the scale causes the at least one processor to accept the image, associate the image with a data record [Teller: ¶ [0145]; and ¶ [0178]: In some embodiments, the system of the present invention may exclude changes in weight that are not gradual from the change weight. In FIG. 14A there is shown at T.sub.0 a sudden increase in weight followed by a gradual increase from T.sub.0 to T.sub.1. The system of the present invention may flag this duration (T.sub.1-T.sub.0) to be reconciled with a tilt event. Also, in FIG. 14A there is a constant duration between T.sub.1 and T.sub.2 and may indicate no activity on the scale. During T.sub.1-T.sub.2 the weight stabilizes and an end weight may be determined. At T.sub.2 there is a rapid increase in weight and may indicate the addition of ice, fruit or other garnish. Between T.sub.2 and T.sub.f there is a constant period indicating no activity on the scale. At T.sub.f there is a rapid decrease in weight and may indicate the removal of the container from the scale. Once the weight returns to zero, the system records the T.sub.f and determines the scale time by subtracting T.sub.0 from T.sub.f].
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the image and weight verification of Alouani in view of Matsui with the combined image and scale processing of Teller in order to provide higher accuracy quality control.
Regarding Claim 12, Alouani in view of Matsui disclose(s) all the limitations of Claim 7, and is/are analyzed as previously discussed with respect to that claim.
Alouani in view of Matsui may not explicitly disclose wherein the image is saved to a database when the weight of the at least one component or the pharmaceutical compound on the scale has been verified by the at least one processor.
However, Teller discloses wherein the image is saved to a database when the weight of the at least one component or the pharmaceutical compound on the scale has been verified by the at least one processor [Teller: ¶ [0008]: According to a first broad aspect of the present invention, there is provided a method for monitoring the dispensing of a beverage into a container comprising the following steps: measuring a scale time for the container on a scale; measuring a end weight for the container on the scale; and determining that a dispense event has occurred for the beverage based on whether a tilt condition of a dispensing apparatus occurred substantially within the scale time and based on whether the end weight of the beverage dispensed into the container approximates a serving based on point-of-sale information].
Regarding Claim 13, Alouani in view of Matsui and Teller disclose(s) all the limitations of Claim 12, and is/are analyzed as previously discussed with respect to that claim.
Furthermore, Alouani in view of Matsui and Teller discloses further comprising a scanner operatively couple to the user interface, wherein the scanner is configured to scan a barcode provided on the at least one component and provide the at least one processor with information regarding the at least one component [Teller: ¶ [0145]: In one embodiment, the system of the present invention saves images during the duration of a specific event, for instance, the tilt of a dispensing container or the motion of a handle on a dispensing apparatus. FIG. 10 is a flowchart which illustrates the process for automatically identifying a trigger condition which saves the images. A similar method may also be used for data obtained from an RFID or barcode; and Alouani: Col. 4, ll. 54-60].
Claim(s) 14-15, and 17-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teller (US 2006/0238346 A1) in view of Matsui et al. (US 2014/0022569 A1) and Moore et al. (US 2012/0127540 A1).
Regarding Claim 14, Teller discloses a system for preparing a pharmaceutical compound [Teller: Title; compound combination may include pharmaceuticals such as Matsui: ¶ [0055]] comprising: a computing device comprising a user interface and at least one processor operatively connected to the user interface [Teller: ¶ [0086]], the user interface configured to display: instructions for preparing the pharmaceutical compound [Teller: ¶ [0086]]; and a listing of equipment and at least one component used in preparing the pharmaceutical compound [Teller: ¶ [0086]: ingredients]; a scale operatively connected to the at least one processor [Teller: ¶ [0085]]; and an image capture device operatively connected to the at least one processor and the scale and positioned to capture an image of the at least one component used in preparing the pharmaceutical compound and the pharmaceutical compound [Teller: ¶ [0086]; and FIG. 6C], wherein a removal of the at least one component from the scale triggers the at least one processor to automatically accept the image, and associate the image with a data record [Teller: ¶ [0145]; and ¶ [0178]].
Teller may not explicitly disclose without any user input, provide on the user interface a next step of the instructions for preparing the pharmaceutical compound.
However, Moore discloses provide on the user interface a next step of the instructions for preparing the [process] [Moore: ¶ [0074]: In one embodiment, the user may be provided with cues, e.g., light(s), sound(s), displayed instructions, combinations thereof, or the like) for indicating when the next process step should be performed, e.g., prior to S104 and/or at S108].
Moore may not explicitly disclose provide a next step of instructions without any user input.
However, Matsui discloses provide a next step of instructions without any user input [Matsui: ¶ [0099] In the determination of step S43, if the number of the drug corresponding to the read GS1 data bar is not within the designated number, that is, if the number of the drug exceeds the designated number (No in step S43), the MPU 31 determines this case as an abnormal drug inspection of an excessive drug number in which the drug of an amount larger than the amount of the drug to be prescribed is prepared (step S44), and terminates the drug inspection process. Then, the procedure proceeds to step S18].
It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the image and weight verification of Matsui with the combined image and scale processing of Teller in order to provide higher accuracy quality control as well as the instruction of Moore in order to provide training and guidance, improving accuracy.
Regarding Claim 15, Teller in view of Matsui and Moore disclose(s) all the limitations of Claim 14, and is/are analyzed as previously discussed with respect to that claim.
Furthermore, Teller in view of Matsui and Moore disclose wherein the image of the at least one component is displayed on the user interface for review by an operator [Matsui: ¶ [0077].
Regarding Claim 17, Teller in view of Matsui and Moore disclose(s) all the limitations of Claim 14, and is/are analyzed as previously discussed with respect to that claim, furthermore, note the Examiner’s rejection for Claim 10. The Examiner notes the system of Claim 17 can be implemented by the system of Claim 10.
Regarding Claim 18, Teller in view of Matsui and Moore disclose(s) all the limitations of Claim 14, and is/are analyzed as previously discussed with respect to that claim.
Furthermore, Teller in view of Matsui and Moore discloses further comprising a scanner operatively coupled to the user interface [Teller: ¶ [0008]].
Regarding Claim 19, Teller in view of Matsui and Moore disclose(s) all the limitations of Claim 18, and is/are analyzed as previously discussed with respect to that claim.
Furthermore, Teller in view of Matsui and Moore discloses wherein the scanner is configured to scan a barcode provided on the at least one component and provide the at least one processor with information regarding the at least one component [Teller: ¶ [0008]].
Regarding Claim 20, Teller in view of Matsui and Moore disclose(s) all the limitations of Claim 19, and is/are analyzed as previously discussed with respect to that claim.
Furthermore, Teller in view of Matsui and Moore discloses wherein the scanner is arranged in a housing positioned above the scale [Teller: FIG. 6C].
Regarding Claim 21, Teller in view of Matsui and Moore disclose(s) all the limitations of Claim 20, and is/are analyzed as previously discussed with respect to that claim.
Furthermore, Teller in view of Matsui and Moore discloses wherein the housing has a streamlined shape to minimize flow when the system is arranged within a flow hood [Teller: FIG. 6C].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN R MESSMORE whose telephone number is (571)272-2773. The examiner can normally be reached Monday-Friday 9-5 EST/EDT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Kelley can be reached at 571-272-7331. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN R MESSMORE/Primary Examiner, Art Unit 2482
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