)(ETAILED 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 .
Response to Arguments
Claim Objections
Applicant's arguments filed 01/30/2026 have been fully considered. Applicant argues that the claims have been amended and therefore the rejection should be withdrawn. In response to Applicant’s argument and in light of the amendments, the objections have been withdrawn.
Claim Interpretation
Applicant's arguments filed 01/30/2026 have been fully considered. Applicant argues that the claims have been amended to remove the limitations at issue in the claim interpretation and therefore the interpretation should be withdrawn. In response to Applicant’s argument and in light of the amendments, the interpretation has been withdrawn.
Rejection Under 112
Applicant's arguments filed 01/30/2026 have been fully considered. Applicant argues that the claims have been amended to remove the limitations at issue in the claim interpretation and therefore 112(a) and (b) rejections should be withdrawn. In response to Applicant’s argument and in light of the amendments, the rejections have been withdrawn.
Rejection Under 101
Applicant's arguments filed 01/30/2026 have been fully considered.
Applicant argues that the claims do not recite an abstract idea directed to managing personal behavior or interactions between people since the claims do not recite features relating to interactions between people. The claim recites a technical process.
In response to Applicant’s argument, in light of amendments the rejection is withdrawn. Even though the claims recite an abstract idea, the claims are integrated into a practical application by automatically refilling the prescriptions based on the sensed quantity and dispensing the medications from the medical dispensing device to the patient. The processing of remote real-time refill determinations, based on sensing the quantity of medication needing to be refilled, improves technical accuracy and reliability of refill control. (See spec. pgs. 24-25, 29). Therefore the rejection is withdrawn since the claims recite a practical application.
The claims provide a technical improvement to computing systems and integrates the abstract idea into a practical application.
In response to Applicant’s argument, the argument is moot in light of the withdrawn rejection.
The claims recite significantly more than the abstract idea by reciting hardware to automatically refill the prescription. This approach cannot be considered well known, routine, or conventional.
In response to Applicant’s argument, the argument is moot in light of the withdrawn rejection.
Rejection Under 103
Applicant's arguments filed 01/30/2026 have been fully considered. Applicant argues that the cited references do not teach all of the claimed limitations in the amended claims, such as, a sensor to measure the quantity of the medications and automatically refilling the prescription based on the sensed quantity. In response to Applicant’s argument, the argument appears to be directed to the amendment and is therefore moot in light of the new grounds of rejection. See the updated rejection below for further clarification.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 2-5, 9, 13, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bossi et al. (US 2008/0059228) in view of Macoviak et al. (US 9202253) (hereafter “Mac”) and Akdogan et al. (US 2017/0355511).
Regarding claim 2, Bossi discloses a system comprising:
a medical dispensing device comprising: (Bossi [0146] a healthcare practitioner can enter a dosage and/or schedule change on their computer 32 seen in Fig. 2, which the delivery module 33 in the patient’s residence (construed as the medical dispenser then expels the medication or products))
one or more first processors configured to (Bossi [0064] a standard microprocessor, input-output circuits, a memory for storing patient records including prescription and dosing schedules, a ROM for storing the operating program and other system information)
one or more medications dispensable from the medical dispensing device; and (Bossi [0146] a healthcare practitioner can enter a dosage and/or schedule change (such as on computer 32 in Fig. 2) which the delivery module in the patient’s residence (construed as the medical dispenser then expels the medication or products)
a computing system comprising one or more second processors in communication with the medical dispensing device, the one or more second processors configured to: (Bossi Fig. 2 and corresponding text: [0146] a healthcare practitioner can enter a dosage and/or schedule change (such as on computer 32 in Fig. 2) which the delivery module in the patient’s residence (construed as the dispenser then expels the medication or products {computer 32 construed as the computing system with processors in communication with the medication delivery module} [0184] medication delivery unit 33 is controlled through the use of stored software programs executed by one or more suitable processing devices, such as microprocessors, microcontrollers, digital signal processors, programmable logic arrays, application specific integrated circuits, etc. or combinations thereof, i.e., "processors", as known in the art… the medication delivery unit includes one or more external communication interfaces that allow it to communicate via the network 36 with the remote controller 101 and/or the remote units 32)
store information related to one or more patients and corresponding medical dispensing devices; (Bossi [0071] The control software 35 protocols also enable the control center 101 to accurately monitor each unit dose package 27 contained within a particular delivery module 33 and update the database inventory records as each unit dose package 27 is delivered to a patient)
store information related to one or more medical care providers registered with a medical management system; (Bossi [0073] As previously discussed, the clinical software 32 enables a healthcare practitioner to remotely manage and monitor a patient's drug therapy and compliance. All patient information is stored in the clinical software database 32 and utilizes the clinical facility's network security 34 policies and procedures to authenticate users and network access to patient data (FIG. 2))
cause the medical dispensing device to dispense the one or more medications provided to the patient according to the one or more prescriptions of the patient (Bossi [0146] a healthcare practitioner can enter a dosage and/or schedule change (such as on computer 32 in Fig. 2) which the delivery module in the patient’s residence (construed as the dispenser then expels the medication or products))
Bossi does not appear to disclose the following, however, Mac teaches it is old and well known in the art of healthcare data processing to have:
validate communications from other devices; (Mac Fig. 11; col. 23 ln. 64 – col. 24 ln. 11 Referring to FIG. 11, in a particular embodiment, a system for providing remote medical diagnosis and therapy to a subject includes an ultraportable device for collecting biosensor data 92 and wirelessly transmitting the data to a telemedical care provider 94. In this embodiment, the device for collecting biosensor data is in communication with a portable diagnostic module 93 selected for its utility in addressing the risks facing a particular subject, family, or population, or those in a particular place or situation. Further in this embodiment, a telemedical care provider optionally authorizes dispensing of appropriate medical items from a portable apparatus for dispensing medical items from a limited inventory of items 95 risk profiled to a particular subject, family, population, venue, circumstance, or situation, which is wirelessly in communication; col. 24 ln. 39-41 In some embodiments, a biosensor is an imaging sensor. In further embodiments, an imaging sensor includes, by way of non-limiting examples, a video camera)
Therefore, it would have been obvious to one of ordinary skill in the art of healthcare data processing, before the effective filing date of the claimed invention, to modify Bossi to incorporate validating communications from other devices, as taught by Mac, in order to dispense medication to authorized users. See Mac Col. 1 ln 22-30, Col. 23 ln. 64 – col. 24 ln. 11.
Bossi-Mac does not appear to teach the following, however, Akdogan teaches it is old and well known in the art of healthcare data processing wherein:
at least one sensor configured to measure a quantity of at least one medication of the one or more medications in the medical dispensing device; and determine that one or more prescriptions of a patient are to be automatically refilled based on data obtained from the at least one sensor representing the quantity of the at least one medication; (Akdogan [0163] E-commerce backend may exist for auto-replenishing of cartridges via automatically triggered orders (when Dispenser/Cases/base detect cartridges are near empty), order queuing, dose queuing and replacement of prescription filling process by connecting user with healthcare professional with prescription vendor)
Therefore, it would have been obvious to one of ordinary skill in the art of healthcare data processing, before the effective filing date of the claimed invention, to modify Bossi-Mac, as modified above, to incorporate at least one sensor configured to measure a quantity of at least one medication of the one or more medications in the medical dispensing device; and determine that one or more prescriptions of a patient are to be automatically refilled based on data obtained from the at least one sensor representing the quantity of the at least one medication, as taught by Akdogan, in order to automatically replenish the medication when it gets low. See Akdogan [0163].
Regarding claim 3, Bossi-Mac-Akdogan teaches the system of claim 2, and Mac further teaches wherein the one or more first processors are further configured to validate an identify of the patient of the medical dispensing device. (Mac Fig. 11; col. 23 ln. 64 – col. 24 ln. 11 Referring to FIG. 11, in a particular embodiment, a system for providing remote medical diagnosis and therapy to a subject includes an ultraportable device for collecting biosensor data 92 and wirelessly transmitting the data to a telemedical care provider 94. In this embodiment, the device for collecting biosensor data is in communication with a portable diagnostic module 93 selected for its utility in addressing the risks facing a particular subject, family, or population, or those in a particular place or situation. Further in this embodiment, a telemedical care provider optionally authorizes dispensing of appropriate medical items from a portable apparatus for dispensing medical items from a limited inventory of items 95 risk profiled to a particular subject, family, population, venue, circumstance, or situation, which is wirelessly in communication; col. 24 ln. 39-41 In some embodiments, a biosensor is an imaging sensor. In further embodiments, an imaging sensor includes, by way of non-limiting examples, a video camera).
Regarding claim 4, Bossi-Mac-Akdogan teaches the system of claim 2, and Mac further teaches wherein the medical dispensing device is further configured to communicate with a mobile device of the patient to verify an identity of a person accessing or requesting access to the medical dispensing device. (Mac Fig. 11; col. 23 ln. 64 – col. 24 ln. 11 Referring to FIG. 11, in a particular embodiment, a system for providing remote medical diagnosis and therapy to a subject includes an ultraportable device for collecting biosensor data 92 and wirelessly transmitting the data to a telemedical care provider 94. In this embodiment, the device for collecting biosensor data is in communication with a portable diagnostic module 93 selected for its utility in addressing the risks facing a particular subject, family, or population, or those in a particular place or situation. Further in this embodiment, a telemedical care provider optionally authorizes dispensing of appropriate medical items from a portable apparatus for dispensing medical items from a limited inventory of items 95 risk profiled to a particular subject, family, population, venue, circumstance, or situation, which is wirelessly in communication; col. 24 ln. 39-41 In some embodiments, a biosensor is an imaging sensor. In further embodiments, an imaging sensor includes, by way of non-limiting examples, a video camera).
Regarding claim 5, Bossi-Mac-Akdogan teaches the system of claim 2, and Mac further teaches wherein the one or more first processors are further configured to validate communication requests from other devices. (Mac Fig. 11; col. 23 ln. 64 – col. 24 ln. 11 Referring to FIG. 11, in a particular embodiment, a system for providing remote medical diagnosis and therapy to a subject includes an ultraportable device for collecting biosensor data 92 and wirelessly transmitting the data to a telemedical care provider 94. In this embodiment, the device for collecting biosensor data is in communication with a portable diagnostic module 93 selected for its utility in addressing the risks facing a particular subject, family, or population, or those in a particular place or situation. Further in this embodiment, a telemedical care provider optionally authorizes dispensing of appropriate medical items from a portable apparatus for dispensing medical items from a limited inventory of items 95 risk profiled to a particular subject, family, population, venue, circumstance, or situation, which is wirelessly in communication; col. 24 ln. 39-41 In some embodiments, a biosensor is an imaging sensor. In further embodiments, an imaging sensor includes, by way of non-limiting examples, a video camera).
Regarding claim 9, Bossi-Mac-Akdogan teaches the system of claim 2, and Mac further teaches wherein the medical dispensing device comprises one or more security modules configured to ensure that the one or more medications are dispensed to an authorized patient. (Mac Fig. 22; Col. 48 ln 22-35 Referring to FIG. 22, in some embodiments, the remote healthcare system 117 comprises a credentialing module 118, an EHR module 122, which is in communication with an EHR database 123, a communications module 128, and a security and privacy module 132. In further embodiments, a credentialing module 118 further comprises sub-modules for credential creation 120 and credential verification 121. In still further embodiments, credentials are stored in and retrieved from a credential database 119, which is in communication with a credentialing module 118. In further embodiments, an EHR module 122 further comprises a sub-module for authorizing access to records 124, which, in some embodiments, verifies the identity of an accessing healthcare provider, a patient, and the legal status of patient authorization).
Regarding claim 13, Bossi-Mac-Akdogan teaches the system of claim 2, and Mac further teaches wherein the one or more second processors are further configured to identify to the medical dispensing device which of the one or more medications are configured to be dispensed via the medical dispensing device. (Mac Fig. 18; col. 21 ln. 11-17 Where a medical item is a medication, it is dispensed in a standardized unit pack labeled with drug name, dosage, expiration date, lot number, and the like. In this embodiment, an apparatus for dispensing medical items also includes a keypad 106 for operating the apparatus and/or communicating with a healthcare professional).
Regarding claim 20, Bossi-Mac-Akdogan teaches the system of claim 2, and Mac further teaches the medical dispensing device is further configured to send information to the computing system indicating an expiration of the one or more medications in the medical dispensing device. (Mac Fig. 18; col. 21 ln. 11-17 Where a medical item is a medication, it is dispensed in a standardized unit pack labeled with drug name, dosage, expiration date, lot number, and the like. In this embodiment, an apparatus for dispensing medical items also includes a keypad 106 for operating the apparatus and/or communicating with a healthcare professional).
Claims 6-7, 14, 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Bossi-Mac-Akdogan in view of Melker et al. (US 2008/0059226).
Regarding claim 6, Bossi-Mac-Akdogan teaches the system of claim 2, but does not appear to teach the following, however, Melker teaches it is old and well known in the art of healthcare data processing wherein the medical dispensing device comprises a temperature controller to control temperature of the one or more medications. (Melker [0077] In controlling various aspects of the portable device, the processing means can control such effects as temperature, humidity, pH, salinity, etc. of the sensor(s) technology and/or sample. For example, each sensor array and sample chamber can include a suitable thermoelectric device for use in heating or cooling).
Therefore, it would have been obvious to one of ordinary skill in the art of healthcare data processing, before the effective filing date of the claimed invention, to modify Bossi-Mac-Akdogan, as modified above, to incorporate wherein the medical dispensing device comprises a temperature controller to control temperature of the one or more medications, as taught by Melker, in order to properly monitor and maintain accurate medications that can be dispensed to patients, which is a public health and safety issue. See Melker [0022], [0025].
Regarding claim 7, Bossi-Mac-Akdogan-Melker teaches the system of claim 6, and Melker further teaches wherein the temperature controller comprises a thermoelectric cooler or heater to increase or decrease temperature of one or more cartridges holding the one or more medications. (Melker [0077] In controlling various aspects of the portable device, the processing means can control such effects as temperature, humidity, pH, salinity, etc. of the sensor(s) technology and/or sample. For example, each sensor array and sample chamber can include a suitable thermoelectric device for use in heating or cooling). The motivations to combine the references is discussed above and incorporated herein.
Regarding claim 14, Bossi-Mac-Akdogan teaches the system of claim 2, but does not appear to teach the following, however, Melker teaches it is old and well known in the art of healthcare data processing wherein the one or more second processors are further configured to identify to the medical dispensing device one or more times for which the one or more medications are configured to be dispensed via the medical dispensing device. (Melker [0079] In another embodiment, the device further includes a data filter, a built-in algorithm, and an event indicator. The data filter, built-in algorithm, and event indicator enable the portable device to perform complex functions and capabilities. For example, the data filter can be provided to parse through the data provided by the sensor(s) to determine whether an event has occurred as prescribed. An event indicator can be connected to the data filter that is responsive to detection of the event by the data filter (such as, where the event is patient administration of a medication at a specified time as prescribed)). The motivations to combine the references is discussed above and incorporated herein.
Regarding claim 18, Bossi-Mac-Akdogan teaches the system of claim 2, but does not appear to teach the following, however, Melker teaches it is old and well known in the art of healthcare data processing wherein the medical dispensing device is further configured to send information to the computing system indicating one or more dispensing events. (Melker [0076] In one embodiment, the processing means executes program codes that coordinate various operations of the portable device. The program codes include interaction software that assists the user in selecting the operating modes and methods and to initiate the analysis of a sample using the sensor(s) of the portable device. The program codes can also include software that performs analysis functions for information provided by the sensor(s) regarding a sample as well as software that enables prescribed event analysis. For example, a calendar program code can be provided that allows the processing means to store and retrieve scheduling information (such as from the memory device(s) regarding when a prescribed event occurred [0078] After the portable device of the invention performs a test or operation, the user (patient, pharmacist, physician) is optionally presented with concise results). The motivations to combine the references is discussed above and incorporated herein.
Regarding claim 19, Bossi-Mac-Akdogan teaches the system of claim 2, but does not appear to teach the following, however, Melker teaches it is old and well known in the art of healthcare data processing wherein the medical dispensing device is further configured to send information to the computing system indicating a level of the one or more medications in the medical dispensing device. (Melker [0080] In another embodiment, where the sensor technology comprises known e-nose technology, the processing means can correlate collected data with data representing a set of previously collected standards stored in a memory device (for example, RAM). This comparison facilitates identification of target marker(s) present in the sample providing means (such as a chamber, wand, plate, etc.) and determination of the quantity or concentration of such target markers, as well as detection of temporal changes in such identities and quantities. [0078] After the portable device of the invention performs a test or operation, the user (patient, pharmacist, physician) is optionally presented with concise results). The motivations to combine the references is discussed above and incorporated herein.
Claims 8, 11-12, 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Bossi-Mac-Akdogan in view of and Poutiatine et al. (JP 5349053 B2).
Regarding claim 8, Bossi-Mac-Akdogan teaches the system of claim 2, but does not appear to teach the following, however, Poutiatine teaches it is old and well known in the art of healthcare data processing wherein the medical dispensing device comprises one or more of: a Bluetooth module, a GPS module, a RFID module, a cellular communications module or a WIFI Module. (Poutiatine pg. 11 para 2 the dispensing device may be an RFID or a detector for a wireless network…).
Therefore, it would have been obvious to one of ordinary skill in the art of healthcare data processing, before the effective filing date of the claimed invention, to modify Bossi-Mac-Akdogan, as modified above, to incorporate wherein the medical dispensing device comprises one or more of: a Bluetooth module, a GPS module, a RFID module, a cellular communications module or a WIFI Module, as taught by Poutiatine, in order to help track locations and administrations of medications thereby preventing any tampering of the medication. See Poutiatine Pg. 11 para. 1.
Regarding claim 11, Bossi-Mac-Akdogan teaches the system of claim 2, but does not appear to teach the following, however, Poutiatine teaches it is old and well known in the art of healthcare data processing wherein the medical dispensing device is further configured to restrict dispensing of the one or more medications based on a location of the medical dispensing device. (Poutiatine pg. 11 para 2 the dispending device may be an RFID or a detector for a wireless network to detect when the dispensing device is pulled away from a… physical location…. When it is detected that the dispensing device has been pulled away from a predetermined location or proximal, the dispensing device stops functioning normally). The motivations to combine the references is discussed above and incorporated herein.
Regarding claim 12, Bossi-Mac-Akdogan teaches the system of claim 2, but does not appear to teach the following, however, Poutiatine teaches it is old and well known in the art of healthcare data processing wherein the medical dispensing device is further configured to only dispense the one or more medications based on a location of the medical dispensing device. (Poutiatine pg. 11 para 2 the dispending device may be an RFID or a detector for a wireless network to detect when the dispensing device is pulled away from a… physical location…. When it is detected that the dispensing device has been pulled away from a predetermined location or proximal, the dispensing device stops functioning normally). The motivations to combine the references is discussed above and incorporated herein.
Regarding claim 15, Bossi-Mac-Akdogan teaches the system of claim 2, but does not appear to teach the following, however, Poutiatine teaches it is old and well known in the art of healthcare data processing wherein the medical dispensing device comprises one or more actuators configured to actuate one of a switch, valve or regulator to control an amount of the one or more medications that is dispensed on a per unit time basis. (Poutiatine Pg. 18 para 2 The dispensing device of the present invention can dispense the dosage form by manual actuation of buttons, levers, sliders, wheels, or other actuators, or mechanical actuation, electro-mechanical actuation, spring biasing. Selected from the group consisting of: actuation by pneumatic, pneumatic actuation, hydraulic actuation, magnetic actuation, gravity actuation, thermal actuation, combustion actuation, phase change expansion or contraction actuation, sonic actuation, and absorbent actuation Can be distributed by a mechanism. The device can dispense the dosage form by an actuator controlled by a microprocessor; Pg. 27 para 1 FIG. 25 is a block diagram illustrating a flowchart 400 of the operation of the dispensing device, in which an example of stepwise operation of the drug dispensing device of the present invention is presented. The detailed process includes a step 402 of pressing any button to activate the dispensing device. The user checks whether the pre-programmed lockout time has passed. If the pre-programmed lockout time has not yet passed, the user returns to the previous step to activate the dispensing device and repeats the process. If the above confirmation is satisfied, the dispensing device is unlocked to dispense the drug dosage form. The patient's identity input 404 is performed using, for example, a thumbprint, RFID, or PIN. If the patient's identity is correct 406, the process proceeds to the next step 410 of detecting the RFID tag. If it is not correct 414, the drug dispensing device is unusable. If the RFID tag is successfully detected 412, the user proceeds to the next step to check if the lockout device is not blocking delivery and delivery is good). The motivations to combine the references is discussed above and incorporated herein.
Regarding claim 16, Bossi-Mac-Akdogan-Poutiatine teaches the system of claim 15, and Mac further teaches wherein the one or more actuators are configured to be remotely controlled (Mac Col. 21 ln 58-64 Referring to FIGS. 18-21, in particular embodiments, an apparatus for dispensing medical items to a subject is operated remotely by a live, licensed healthcare provider. In other embodiments, an apparatus for dispensing medical items to a subject operates in an emergency mode and dispenses one or more medical items autonomously) by the one or more second processors. (Bossi Fig. 2 and corresponding text: [0146] a healthcare practitioner can enter a dosage and/or schedule change (such as on computer 32 in Fig. 2) which the delivery module in the patient’s residence (construed as the dispenser then expels the medication or products {computer 32 construed as the computing system with processors in communication with the medication delivery module} [0184] medication delivery unit 33 is controlled through the use of stored software programs executed by one or more suitable processing devices, such as microprocessors, microcontrollers, digital signal processors, programmable logic arrays, application specific integrated circuits, etc. or combinations thereof, i.e., "processors", as known in the art… the medication delivery unit includes one or more external communication interfaces that allow it to communicate via the network 36 with the remote controller 101 and/or the remote units 32) The motivations to combine the references is discussed above and incorporated herein.
Regarding claim 17, Bossi-Mac-Akdogan-Poutiatine teaches the system of claim 16, and Poutiatine further teaches wherein the one or more actuators are configured to be actuated to dispense the amount of the one or more medications corresponding to dosage instructions received by the medical dispensing device from the computing system. (Poutiatine Pg. 27 para 1 FIG. 25 is a block diagram illustrating a flowchart 400 of the operation of the dispensing device, in which an example of stepwise operation of the drug dispensing device of the present invention is presented. The detailed process includes a step 402 of pressing any button to activate the dispensing device. The user checks whether the pre-programmed lockout time has passed. If the pre-programmed lockout time has not yet passed, the user returns to the previous step to activate the dispensing device and repeats the process. If the above confirmation is satisfied, the dispensing device is unlocked to dispense the drug dosage form. The patient's identity input 404 is performed using, for example, a thumbprint, RFID, or PIN. If the patient's identity is correct 406, the process proceeds to the next step 410 of detecting the RFID tag. If it is not correct 414, the drug dispensing device is unusable. If the RFID tag is successfully detected 412, the user proceeds to the next step to check if the lockout device is not blocking delivery and delivery is good). The motivations to combine the references is discussed above and incorporated herein.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bossi-Mac-Akdogan in view of Bae et al. (US 2014/0082501).
Regarding claim 10, Bossi-Mac-Akdogan teaches the system of claim 2, does not appear to teach the following, however, Bae teaches it is old and well known in the art of healthcare data processing wherein the medical dispensing device comprises a programmable, remotely controlled prescription drug bottle. (Bae [0226] In various exemplary embodiments of the present invention, the user device 100 may check (e.g., determine) the movement of the external device through radio communication. In order to accomplish this, the external device (e.g., medicine bottle) may have a communication module (e.g., Bluetooth Lower Energy (BLE) tag, RF tag, NFC tag, and the like) capable of communication with the user device 100).
Therefore, it would have been obvious to one of ordinary skill in the art of healthcare data processing, before the effective filing date of the claimed invention, to modify Bossi-Mac-Akdogan, as modified above, to incorporate wherein the medical dispensing device comprises a programmable, remotely controlled prescription drug bottle, as taught by Bae, in order to determine if the medicine bottle has moved and thus indicating if the medicine was taken. See Bae [0226].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA R COVINGTON whose telephone number is (303)297-4604. The examiner can normally be reached Monday - Friday, 10 - 5 MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason B. Dunham can be reached at (571) 272-8109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMANDA R. COVINGTON/Examiner, Art Unit 3686
/RACHELLE L REICHERT/Primary Examiner, Art Unit 3686
Prosecution Insights