DETAILED ACTION
Acknowledgements
This office action is in response to the claims filed November 21, 2025
Claims 3, 9-12, 14, and 20-33 are pending
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 Amendment(s)
Claims 3, 9-12, 14, and 20-33 are pending. The claims have overcome the 112(b) rejection.
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 (i.e., changing from AIA to pre-AIA ) 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 3, 9-12, 14, and 20-23, 25-28, and 30-31, and 33 are rejected to under 35 U.S.C. 103 as being unpatentable over Sucilla et. al (hereinafter Sucilla) (US20170213010A1) in view of Flynn et. al (hereinafter Flynn) (US20210035400A1) and in further view of Weiss (US10832245B2)
As per claim 3, Sucilla teaches:
A method for automated receipt of prescription medicines by means of a unique electronic prescription identifier that includes the stages where: (abstract discloses, “Described is a method and system for the secure management and verification of prescriptions allowing patients, doctors and dispensers to access prescriptions as directed by patients. An example method may include generating a code vector including a series of authentication codes, storing at least one of the authentication codes on a peripheral device, maintaining an indication of a next expected authentication code from the code vector, allowing prescription creation by a user when the peripheral device is detected and determined to be an authorized device, and that the authentication code provided from the peripheral device matches the next expected authentication code, storing a prescription associated with a patient having a patient PIN, wherein the prescription is provided by the user, generating a plurality of refill verification codes associated with the prescription, and authorizing dispensing responsive to receipt of one of the plurality of refill verification codes and the patient PIN.” And see [0015] discloses, “Another example method may include generating a list of authentication codes associated with a user, verifying an identity of the prescribing user by comparing a first authentication code of the list of authentication codes with a seeded authentication code stored on a peripheral device associated with the user, receiving a prescription for a patient from the user, providing a unique, separate refill verification code for the prescription, and authorizing dispensing based at least on receipt of the unique, separate refill verification code.”)
an electronic order of the prescribed medicines is generated at the point of sale by entering a unique electronic prescription identifier into the terminal of the point of sale, ([0105] discloses, “FIG. 6 is a flow diagram of a database search process 600 in accordance with an embodiment of the present disclosure. The process 600 may be an example search for existing prescriptions, but the process 600 may be implemented to search the system 10 for any number of parameters. At step 602, a user may upload or enter patient prescription information into a prescription management system, such as the system 10.” And see [0037] discloses, “FIG. 1 is a block diagram of a prescription management system 10 according to an embodiment of the present disclosure. The system 10 may be implemented on a computer, a network of computers, and/or a server, Such as the prescription management server 22 that may be accessible to one or more external systems assigned to or maintained by one or more registered users. Example registered users and their local systems may be shown by the other components shown in System 10. Example users and their local system may include, but are not limited to, licensed HCPs 14, patients 16, pharmacies, Suppliers and dispensers 18, medical device manufacturers and pharmaceutical companies 20, government agencies 24, and insurance providers 17.” And see [0004] discloses, ““Dispenser” generally refers to one who prepares and distributes medication, medical devices or medical and/or insurance services to patients as specified by a prescription, the basis for which may either be for-profit or not-for-profit. Other terms that may be interchangeably used in the present context would include without limitation “pharmacy’. “retailer”, “vendor”, “merchant”, “point of sale”, “seller”, and others.”)
by means of the terminal of the point of sale, a transaction is generated to the server of electronic prescriptions, the transaction including a unique electronic prescription identifier, the patient's identifier and/or the patient's public key, a set of data associated with the prescribed medicines, the identifier of the point of sale and/or the public key of the point of sale, ([0080] discloses, “To submit a prescription refill to a supplier/dispenser/pharmacist 18, a patient may provide a pharmacist a refills unique, separate and individual prescription refill verification code (the “public key'), and the patient’s private patient identifier (the “private key, such as a password), which may be provided through a customer keypad located at the dispenser. The pharmacist may provide this information to the prescription management system 10 via the pharmacy/suppliers/dispensers module 108. The dispenser or pharmacist may thus be provided with a composite code that might include a prescription code, a doctor code, a specific refill code, or another code or codes, each or severally of which in tandem comprise the composite “public' key. Along with a specific refill’s verification code, the prescription and doctor codes have been revealed publicly in a transaction. The remaining verification codes and the patient’s private PIN remain hidden and protected.”)
wherein if the prescribed medicines include at least one prescription medicine, then, by means of the patient identification and authentication service, standard authentication of the patient, including at least one unique authentication method, is additionally performed, for which purpose at least one electronic inquiry is made from the terminal of the point of sale to the patient identification and authentication service to confirm the identity of the patient, ([0015] discloses, “Another example method may include generating a list of authentication codes associated with a user, verifying an identity of the prescribing user by comparing a first authentication code of the list of authentication codes with a seeded authentication code stored on a peripheral device associated with the user, receiving a prescription for a patient from the user, providing a unique, separate refill verification code for the prescription, and authorizing dispensing based at least on receipt of the unique, separate refill verification code.” And see [0105] discloses, “If no match is found at the step 606, the system may proceed to the prescription registration and generation of unique, separate and individual verification codes process 500 as discussed with regards to FIG. 5.” And see [0102] discloses, “FIG. 5 is a flow diagram of a prescription generation and refill verification code generation process 500 in accordance with an embodiment of the present disclosure. The process 500 may generate a prescription and create unique, separate and individual verification codes for the initial prescription fill and each refill that may be provided with the prescription. At step 502, the prescription management tool kits) and prescription templates to which a user is pre-authorized to access may be opened and the appropriate product catalogues may be opened to populate the prescription options. At step 504, the system may determine if the patient is a new patient. If the patient is determined to be new at the step 504, the system may proceed to step 506 to direct the user to establish new patient information. If, however, the patient is determined to not be new at step 504, the user may be allowed to proceed to step 508 in order to select the necessary prescription information from catalogues included in the system 10, by a manufacturer or insurance company for example. Subsequently, the prescription may be generated and unique, separate and individual verification codes may be assigned to each refill. In one embodiment, the system may proceed to step 516 to generate unique, separate and individual refill verification numbers at a local system, which may then be uploaded to the system along with a hard copy or other form of copy of the prescription and prescription refill verification codes to the patient at step 518. However, in some embodiments, the system may proceed from step 508 to step 510 so that the prescription information and an HCP’s e-signature is provided to the system 10. At step 512, to the system 10 may generate the unique, separate and individual prescription refill verification codes, in interaction with the user's UKD and the local device. At step 514, the system may transmit the unique, separate and individual prescription refill verification codes to the local station for providing to the patient.” And see [0103] discloses, “Additionally, at the step 512, the information may be submitted to the system in order to make prescription information and individual prescription refill codes available for authorized access and verification. In this embodiment, a unique refill verification code may be generated at the server for each individual refill, which may be performed by the prescription management module 116, for example. Each verification code in this embodiment may be a composite alphanumeric code including one or more UKD fixed variables, a UKN or other numbers sent by the system to the UKD, and elements from one or more variables associated with the particular prescription.”)
after that possibility of sale of the prescribed medicines is verified, for which purpose an electronic inquiry is made from the terminal of the point of sale to the electronic register of medicines and services and an automated response, including information on whether the prescribed medicines are approved for medical practice and validity term of their registration certificate, is received, ([0070] discloses, “The government monitoring module 112 may provide access to the various databases stored in the DB 32 for monitoring by various government agencies. For example, the DEA may access the DB 32 in order to monitor for fraudulent narcotic prescriptions and usage. Other government agencies may be able to access the various databases for medical research and the like.” And see [0071] discloses, “Patients may also be able to authenticate prescribed medicines and medical devices, and obtain a Certificate of Authenticity. Products may be authenticated upon the patient entering an approval code sent by the system to and received by the retailer upon verification of the refill verification codes, and one or more product/packaging serial numbers obtained from the product sent or given to the patient. For example, if a patient orders contact lenses via an internet company, upon receipt of the contacts, the patient may be able to enter the patient module 118 and provide the required information to determine if the received contacts are bona fide and authentic brands and products made by a specific manufacturer.” And see [0074] discloses, “During the registration process, the system may store pertinent user identification information into the UKD, which identification information might include, without limitation, the doctors (or other user-type): name, Drug Enforcement Agency (DEA) license numbers, electronic identification number (EIN), electronic signature, office address(es), telephone number(s), and the like.” / examiner notes someone of ordinary skill would understand that the prescribers e signature in a pharmacy electronic system in combination with DEA information and governmental database checks as well as certificates of authenticity confirm medicines are approved and registration certificate validity in the art as disclosed)
and validity of the transaction signed with at least the private key of the point of sale is verified on the server of electronic prescriptions …[…]…validity period of the electronic prescription and its validity are verified ([0080] discloses, “To submit a prescription refill to a supplier/dispenser/pharmacist 18, a patient may provide a pharmacist a refills unique, separate and individual prescription refill verification code (the “public key'), and the patient’s private patient identifier (the “private key, such as a password), which may be provided through a customer keypad located at the dispenser. The pharmacist may provide this information to the prescription management system 10 via the pharmacy/suppliers/dispensers module 108. The dispenser or pharmacist may thus be provided with a composite code that might include a prescription code, a doctor code, a specific refill code, or another code or codes, each or severally of which in tandem comprise the composite “public' key. Along with a specific refill’s verification code, the prescription and doctor codes have been revealed publicly in a transaction.” )
and, in case of the positive result of verifications from the server of electronic prescriptions, confirmation of possibility of delivery of the order of the prescribed medicines is sent to the terminal of the point of sale, ([0083] discloses, “In some examples, the system may issue to the dispenser a verification or transaction approval code which evidences both that a prescription (re)fill verification was sought at a specific time and date, that the specific refill was determined by the system to be verified and that the transaction is approved. The approval code may be generated by the server in association with the specific prescription (re fill), the requestor, and the patient; the approval code may be stored in databases at the server, at the local device and/or at the Unique Key Device. Authorized users would access the approval code in order to verify compliance with pertinent laws, to evidence a verification attempt.” And [0084] discloses, “y used, and is associated with a particular patient identifier, then the system may approve the transaction for that particular refill or refills, the approval code(s) may be generated, stored and transmitted to the UKD as discussed above, and the dispensing is fulfilled.”)
However, Sucilla does not explicitly teach:
and the generated transaction is signed, at the terminal of the point of sale, using an asymmetric private key provisioned to the point of sale,
and if the prescribed medicines include at least one prescription medicine with special control over circulation, then multi-factor authentication of the patient, including at least two unique authentication methods, is additionally performed, for which purpose at least two electronic inquiries are made from the terminal of the point of sale to the patient identification and authentication service to confirm the identity of the patient,
by a corresponding public key of the point of sale from a registry of registered points of sale to validate a certificate status and validity period associated with the point of sale and to verify, using the corresponding public key, the signature on the transaction,
after that automated dispensing of the ordered medicines to the patient is performed and, if necessary, by means of the patient's terminal, authenticity of origin of the medicines is verified by verifying their graphic security elements on the server of validation of security elements,
wherein by means of the terminal of the point of sale, an electronic inquiry for at least partial discharge of the electronic prescription is sent to the server of electronic prescriptions, and the information on dispensing of the prescribed medicines is transmitted to the goods movement recording service.
However, Flynn does explicitly teach:
and if the prescribed medicines include at least one prescription medicine with special control over circulation, then multi-factor authentication of the patient, including at least two unique authentication methods, is additionally performed, for which purpose at least two electronic inquiries are made from the terminal of the point of sale to the patient identification and authentication service to confirm the identity of the patient, ([0110] discloses, “Nonetheless , some additional security features , described below , could optionally be incorporated into the system in view of the nature of the product being dispensed . Namely , the user could be prompted to insert a government issued identification via card slot ( 301 ) in side car vault ( 300 ) . A scan of the card would then be provided to a remotely located third party for the purpose of indicating whether the proffered identification was fake or genuine.” And see [0111] discloses, “If the identification is valid , camera ( 203 ) would then be used to confirm that a live user is present at the kiosk ( 50 ) . This can be accomplished by prompting the user to blink or move their head . Provided a live user is present , system takes a picture of the user via camera ( 203 ) to confirm that the user matches the photograph in the presented identification . In this regard , a light ring may be provided about camera ( 203 ) to provide a clear and properly illuminated picture . The third party can , thereafter , provide a confidence rating , indicating the likelihood that the picture matches the live user present at the kiosk ( 50 ).” And see [0112] disclose, “Still yet other security protocols can be provided . Camera ( 203 ) can be configured to detect whether the user is alone or with others . The system can thus be programmed to reject a sale if the user is not alone , thereby reducing the likelihood that an otherwise authorized user will make the purchase for an unauthorized user or minor . Further programming can be included to detect whether the user is under the influence . This can be accomplished , for example , by detecting whether the user is swaying , unsteady , or has blood shot eyes . The system , via interface ( 202 ) , can also prompt the user to conduct drills to allow the system to assess the user's hand / eye coordination . In the event an impairment is detected , the transaction can be declined . One or more of the various security protocols described herein may be desirable when dispensing either recreational or medical cannabis . They could also be employed if the system is used to dispense dangerous medications or certain scheduled narcotics.” /examiner notes the instant application defines in [0088] narcotics as being special control over circulation and oxy is a narcotic in the disclosed teaching)
after that automated dispensing of the ordered medicines to the patient is performed and, if necessary, by means of the patient's terminal, authenticity of origin of the medicines is verified by verifying their graphic security elements on the server of validation of security elements, (see Fig. 21 and see [0066] discloses, “As noted in FIG . 21 , various bar codes or QR codes can be applied to bottle ( 150 ) or label ( 231 ) as needed” and see [0107] discloses, “ The robotic system is further preprogrammed to scan controlled substance containers on a routine basis , to check for out of date prescriptions that have been stored for too long or have expired and remove them from the container storage portion and deposit them into the discarded containers “ and see [0114] discloses, “For either recreational or medical cannabis , the user is permitted to review the various cannabis types available for purchase . The user will also be able to follow on - screen prompts to obtain additional information about the various types of cannabis . This additional information may include the marijuana strain , the hybrid , the origin and geographic location of the plants , and THC levels.” And see [0071] discloses, “Thereafter , as a specific container ( 150 ) is being dispensed , camera ( 148 ) can be used to photograph the container ( 150 ) both before and after it has been labeled . These photographs , which can be viewed remotely by a pharmacist , can be used for verifying that the correct medication is being dispensed to the identified patient .Information about the medicine , in the form of a bar code , can be read by camera ( 148 ) . As part of this verification , gripper ( 141 ) will retain contact with container ( 150 ) as both verification photographs are taken and gripper ( 141 ) will maintain such contact until the now verified container ( 150 ) is positioned within dispensing shelves ( 134e )” /examiner notes graphic security elements are described in instant specification in paragraph [0086] as e.g. bar code or QR code)
wherein by means of the terminal of the point of sale, an electronic inquiry for at least partial discharge of the electronic prescription is sent to the server of electronic prescriptions, and the information on dispensing of the prescribed medicines is transmitted to the goods movement recording service. ([0108] discloses, “No matter the reason for the removal of a controlled substance from the kiosk , the robotic system will provide an update to the central processing system of the new inventory levels . Regardless of whether the robotic system dispenses controlled substances to authenticated and authorized users / patients , or removes from the kiosk , expired or other discarded containers , the robotic system provides updates to the central processing system to track inventory levels . The central processing system sends alerts to the warehouse when inventory reaches certain preset levels , such that authorized handlers may come and refill the kiosk”)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sucilla’s teachings of dispensing pharmaceuticals at a point of sale with various authentication and verification tracking throughout the system to confirm prescriptions are not fraudulent and correct as previously cited with Flynn’s explicit teachings of special controlled drugs such as narcotics being verified and further authenticate, authenticating origin of the medicine, and tracking any partial discharge and dispensing of medications as previously cited, the motivation being Sucilla already teaches in [0070] a government monitoring module where narcotics are monitored and teaches several factors of codes and keys to authenticate appropriate dispensing of a narcotic known as oxycodone in para. [0060] as well as teaches the validation and authentication at every step of the process through dispensing as previously cited with an overall concern for legitimate prescriptions fille reliably and rapidly (see [0011]-[0012]) therefore it would be predictable to combine the teachings of Flynn’s explicit ways of verifying a special controlled substance such as narcotics, implementation of explicitly stated multi-factor authentication and the explicit teaching of tacking the movement of dispensed medication from a supply standpoint to improve the reliability and response for dispensing prescriptions as well as decrease ability for illicit or fraudulent occurrences within the confines of computer elements taught in both disclosures.
However, Flynn does not explicitly teach:
and the generated transaction is signed, at the terminal of the point of sale, using an asymmetric private key provisioned to the point of sale,
by a corresponding public key of the point of sale from a registry of registered points of sale to validate a certificate status and validity period associated with the point of sale and to verify, using the corresponding public key, the signature on the transaction,
However, Weiss does explicitly teach:
and the generated transaction is signed, at the terminal of the point of sale, using an asymmetric private key provisioned to the point of sale, (Col. 16 lines 33-50 and see Col. 25 lines 36-54)
by a corresponding public key of the point of sale from a registry of registered points of sale to validate a certificate status and validity period associated with the point of sale and to verify, using the corresponding public key, the signature on the transaction, (Col. 52 lines 14-47 and see Col. 35 lines 47-63 discloses, public keys corresponding to registered biometric information of a user against a secure registry to verify a signature of the transaction)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sucilla’s teachings of dispensing pharmaceuticals at a point of sale with various authentication and verification tracking throughout the system to confirm prescriptions are not fraudulent and correct as previously cited and Flynn’s explicit teachings of special controlled drugs such as narcotics being verified and further authenticate, authenticating origin of the medicine, and tracking any partial discharge and dispensing of medications as previously cited with Weiss teachings of various authentication methods, the motivation being Sucilla already teaches in [0070] a government monitoring module where narcotics are monitored and teaches several factors of codes and keys to authenticate appropriate dispensing of a narcotic known as oxycodone in para. [0060] as well as teaches the validation and authentication at every step of the process through dispensing as previously cited with an overall concern for legitimate prescriptions fille reliably and rapidly (see [0011]-[0012]) therefore it would be predictable to combine the teachings of Flynn’s explicit ways of verifying a special controlled substance such as narcotics, implementation of explicitly stated multi-factor authentication and the explicit teaching of tacking the movement of dispensed medication from a supply standpoint and Weiss in improving verification of certain individuals for privileges to improve the reliability and response for dispensing prescriptions as well as decrease ability for illicit or fraudulent occurrences within the confines of computer elements taught in both disclosures.
As per claim 9, Sucilla further teaches:
The method according to claim 3, wherein generation of the electronic order of the prescribed medicines is performed by means of the patient's terminal or the vending machine, or the work terminal of a pharmacy, or the self- service terminal. ([0105] discloses, “FIG. 6 is a flow diagram of a database search process 600 in accordance with an embodiment of the present disclosure. The process 600 may be an example search for existing prescriptions, but the process 600 may be implemented to search the system 10 for any number of parameters. At step 602, a user may upload or enter patient prescription information into a prescription management system, such as the system 10.” And see [0037] discloses, “FIG. 1 is a block diagram of a prescription management system 10 according to an embodiment of the present disclosure. The system 10 may be implemented on a computer, a network of computers, and/or a server, Such as the prescription management server 22 that may be accessible to one or more external systems assigned to or maintained by one or more registered users. Example registered users and their local systems may be shown by the other components shown in System 10. Example users and their local system may include, but are not limited to, licensed HCPs 14, patients 16, pharmacies, Suppliers and dispensers 18, medical device manufacturers and pharmaceutical companies 20, government agencies 24, and insurance providers 17.” And see [0004] discloses, ““Dispenser” generally refers to one who prepares and distributes medication, medical devices or medical and/or insurance services to patients as specified by a prescription, the basis for which may either be for-profit or not-for-profit. Other terms that may be interchangeably used in the present context would include without limitation “pharmacy’. “retailer”, “vendor”, “merchant”, “point of sale”, “seller”, and others.”)
As per claim 10, Sucilla further teaches:
The method according to the claim 9, wherein the patient's terminal is a mobile phone, or smartphone, or tablet, or laptop, or personal computer, or e-book, or other communication device. ([0037] discloses, “FIG. 1 is a block diagram of a prescription management system 10 according to an embodiment of the present disclosure. The system 10 may be implemented on a computer, a network of computers, and/or a server, Such as the prescription management server 22 that may be accessible to one or more external systems assigned to or maintained by one or more registered users. Example registered users and their local systems may be shown by the other components shown in System 10. Example users and their local system may include, but are not limited to, licensed HCPs 14, patients 16, pharmacies, Suppliers and dispensers 18, medical device manufacturers and pharmaceutical companies 20, government agencies 24, and insurance providers 17. The local systems maintained by the registered user may include one or more corresponding Software modules that allow for communication with the server 22. The mechanism of access between the registered users’ local systems and the system server 22 may be any known mechanism of communication, for example including one or more mechanisms of communication selected from local computer-to-server, manual input into the server, telephone-to-server, and combinations thereof.”
As per claim 11, Sucilla does not explicitly teach:
The method according to claim 3, wherein the point of sale is a point of sale of medicines equipped with a terminal of a point of sale.
However, Flynn does explicitly teach:
The method according to claim 3, wherein the point of sale is a point of sale of medicines equipped with a terminal of a point of sale. ([0115] discloses, “A point of sale ( “ POS ” ) system can then be employed in completing the sale . Namely , once the user choses the type and amount of cannabis to purchase , the items are added to a virtual shopping cart that is visible at user interface ( 202 ) . The user will then be prompted for payment , with payment being made via the credit card reader ( 301 ) or cash payment processing device ( 302 ) within side car ( 300 ).” / examiner notes one of ordinary skill would understand a payment reader or processing device of the disclosed POS is a terminal of a POS)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sucilla’s teachings of a peripheral device taking a credit card or smart card ([0042]) with Flynn’s explicit teachings of a POS terminal for taking payment, the motivation being Sucilla’s already disclosed peripheral device being used as a mobile prescription device in [0030] which could be something as it would be predictable for something peripheral device like the disclosed cell phone that could take payment and be a terminal for POS and improve the mobility and rapid dispensing of prescriptions while maintaining authentication and verification steps.
As per claim 12, Sucilla further teaches:
The method according to the claim 11, wherein the point of sale is a vending machine or an electronic trading platform, or a pharmacy, or an online pharmacy, or an accredited distributor of medicines.([0004] discloses, “Dispenser generally refers to one who prepares and distributes medication, medical devices or medical and/or insurance services to patients as specified by a prescription, the basis for which may either be for-profit or not-for-profit. Other terms that may be interchangeably used in the present context would include without limitation “pharmacy’. “retailer”, “vendor”, “merchant”, “point of sale”, “seller” and others.” And see [0109] discloses, “The pharmacy, dispenser or Supplier may then dispense product(s) against the verified prescription and the verified particular unique, separate and individual refill verification code at step 728.”)
As per claim 14, Sucilla and Flynn do not explicitly teach:
The method according to claim 3, wherein for verifying authenticity of origin of the medicines the self-service terminals installed at the points of sale are additionally used.
However, Weiss does explicitly teach:
The method according to claim 3, wherein for verifying authenticity of origin of the medicines the self-service terminals installed at the points of sale are additionally used. (([0114] discloses, “For either recreational or medical cannabis , the user is permitted to review the various cannabis types available for purchase . The user will also be able to follow on - screen prompts to obtain additional information about the various types of cannabis . This additional information may include the marijuana strain , the hybrid , the origin and geographic location of the plants , and THC levels.” And see ( 100 ).” And see [0066] discloses, “Label generating device ( 230 ) allows kiosk ( 50 ) to store containers of various medications in predetermined amounts and dosages , but upon dispensing , allows for the individualized labeling of the container specific to the user . For example , the label generating device ( 230 ) allows for a selected container to be dispensed for an authorized and verified user and have it labeled for the specific patient and the specific order . The information printed on the label may include , but is not limited to , the user / patient's name , the person prescribing the medication , type of medication , dos age information , instructions for taking the medication , hazards and warnings associated with such medication , as well as any transaction details . It is also within the scope of the invention to print details on the label as required by applicable regulations . This includes , for example , details that are required to be printed on the label as part of the transaction , as may be required in connection with the sale of cannabis . In sum , labeling generating device ( 230 ) may be used to print any desired information on the label and nothing herein is intended to limit the information which may be printed upon the label . As noted in FIG . 21 , various bar codes or QR codes can be applied to bottle ( 150 ) or label ( 231 ) as needed.”/ the robotic system is apart of the POS as interpreted by examiner)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sucilla’s teachings of POS as previously cited and Flynn’s explicit teachings of a POS terminal for taking payment with Weiss explicit teachings of origins of medications through a self- service terminal, the motivation being Sucilla’s already disclosed dispensers as POS and peripheral device being used as a mobile prescription device in [0030] would be predictable to implement as self-service terminal for POS as it is a choice of design of what lists and items on the interface to show a user. The lists of prescriptions improving transparency, improving the efficiency, and improving the mobility of rapid dispensing of prescriptions while maintaining authentication and verification steps within the computer elements across the disclosures.
As per claim 20, Sucilla teaches:
The method according to claim 3, wherein the unique electronic prescription identifier is a sequence of characters, a QR code, a bar code, or a combination thereof. ([0109] discloses, “The system may then check-off, e.g., remove or flag as used, the valid verification code from the prescription code vector so that that particular code cannot again be used, and the appropriate pointer within the system may be reset to the next available code or codes within the prescription verification code vector at step 726. The pharmacy, dispenser or Supplier may then dispense product(s) against the verified prescription and the verified particular unique, separate and individual refill verification code at step 728.” / examiner interprets a verification code as a sequence of characters)
As per claim 21,Sucilla and Flynn do not teach:
The method according to claim 3, wherein the standard authentication of the patient comprises at least one unique authentication method selected from EDS, ID-Passport, ID-Card, Mobile-ID, Smart-ID, Bank-ID, FaceID, TouchID, Google-ID, Apple-ID, identification via social networks, and SMS-authentication.
However, Weiss does teach:
The method according to claim 3, wherein the standard authentication of the patient comprises at least one unique authentication method selected from EDS, ID-Passport, ID-Card, Mobile-ID, Smart-ID, Bank-ID, FaceID, TouchID, Google-ID, Apple-ID, identification via social networks, and SMS-authentication. (Col. 36 lines 3-30 discloses, unique authentication such as digital signature/EDS)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sucilla’s teachings, Flynn’s teachings, and Weiss teachings for the same reasons as claim 3.
As per claim 22, Sucilla and Flynn do not teach:
The method according to claim 3, wherein the multi-factor authentication of the patient comprises at least two unique authentication methods selected from EDS, ID-Passport, ID-Card, Mobile-ID, Smart-ID, Bank-ID, FaceID, TouchID, Google-ID, Apple-ID, identification via social networks, and SMS-authentication.
However, Weiss does teach:
The method according to claim 3, wherein the multi-factor authentication of the patient comprises at least two unique authentication methods selected from EDS, ID-Passport, ID-Card, Mobile-ID, Smart-ID, Bank-ID, FaceID, TouchID, Google-ID, Apple-ID, identification via social networks, and SMS-authentication. (see Col. 4 lines 58-67 and see Col. 5 lines 1-6 and see Col. 51 lines 54-67 and Col. 52 lines 14-38 discloses, multi-factor authentication using authentication codes and means such as passport or facial scan. )
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sucilla’s teachings, Flynn’s teachings, and Weiss teachings for the same reasons as claim 3.
As per claim 23, Sucilla further teaches:
The method according to claim 3, wherein the set of data associated with the prescribed medicines included in the transaction comprises identifiers of medicines, names of medicines, information on release form, quantity, daily dose, method of administration, and duration of treatment. ([0049] discloses, “Prescriptions for medications may include: drug name, dosage, quantity, instructions for use (commonly abbreviated as SIG), number of refills, expiration date, and generic Substitution (yes or no). This list of information may be stored in the prescription DB 50, for example, and/or the patient DB 45. While each of the foregoing parameters may be stored in a separate field within the respective DB, it is possible that the entire prescription could be maintained as a single field, text file or scanned image file of a written prescription. Other groupings of prescription data may be used in other examples.” And see [0080] discloses, “The dispenser or pharmacist may thus be provided with a composite code that might include a prescription code, a doctor code, a specific refill code, or another code or codes, each or severally of which in tandem comprise the composite “pub lic' key. Along with a specific refill’s verification code, the prescription and doctor codes have been revealed publicly in a transaction.”)
As per claim 25, Sucilla and Flynn do not teach:
The method according to claim 3, wherein verifying validity of the transaction signed with the private key of the point of sale comprises obtaining the public key of the point of sale from a database of registered points of sale and verifying the signature of the transaction with the obtained public key.
However, Weiss does teach:
The method according to claim 3, wherein verifying validity of the transaction signed with the private key of the point of sale comprises obtaining the public key of the point of sale from a database of registered points of sale and verifying the signature of the transaction with the obtained public key. (Col. 25 lines 36 -59 discloses USR database used to verify the public and private keys for a transaction utilizes signatures.)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sucilla’s teachings, Flynn’s teachings, and Weiss teachings for the same reasons as claim 3.
As per claim 26, Sucilla and Flynn do not teach:
The method according to claim 3, wherein the electronic terminal of the point of sale is configured to initiate standard and multi-factor authentication of the patient.
However, Weiss does teach:
The method according to claim 3, wherein the electronic terminal of the point of sale is configured to initiate standard and multi-factor authentication of the patient. (Col. 51 and 52 discloses, the use of standard authentication and the ability to also use multi-factor authentication.)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sucilla’s teachings, Flynn’s teachings, and Weiss teachings for the same reasons as claim 3.
As per claim 27, Sucilla does not teach:
The method according to claim 3, wherein the unique electronic prescription identifier is read at the point of sale by an optical scanner .
However, Flynn does teach:
The method according to claim 3, wherein the unique electronic prescription identifier is read at the point of sale by an optical scanner . ([0071] discloses, “Information about the medicine , in the form of a bar code , can be read by camera ( 148 ) . As part of this verification , gripper ( 141 ) will retain contact with container ( 150 ) as both verification photographs are taken and gripper ( 141 ) will maintain such contact until the now verified container ( 150 ) is positioned within dispensing shelves ( 134e ).” And see [0093 and see [0115])
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sucilla’s teachings and Flynn’s teachings teachings for the same reasons as claim 3.
As per claim 28, Sucilla does not teach:
The method according to claim 3, wherein authenticity of origin of the medicines is verified by the patient's terminal by verifying graphic security elements selected from QR codes, barcodes, DataMatrix codes, holographic elements, and RFID tags on a server of validation of security elements.
However, Flynn does teach:
The method according to claim 3, wherein authenticity of origin of the medicines is verified by the patient's terminal by verifying graphic security elements selected from QR codes, barcodes, DataMatrix codes, holographic elements, and RFID tags on a server of validation of security elements. ser's identification. ([0114] discloses, “For either recreational or medical cannabis , the user is permitted to review the various cannabis types available for purchase . The user will also be able to follow on - screen prompts to obtain additional information about the various types of cannabis . This additional information may include the marijuana strain , the hybrid , the origin and geographic location of the plants , and THC levels.” And see ( 100 ).” And see [0066] discloses, “Label generating device ( 230 ) allows kiosk ( 50 ) to store containers of various medications in predetermined amounts and dosages , but upon dispensing , allows for the individualized labeling of the container specific to the user . For example , the label generating device ( 230 ) allows for a selected container to be dispensed for an authorized and verified user and have it labeled for the specific patient and the specific order . The information printed on the label may include , but is not limited to , the user / patient's name , the person prescribing the medication , type of medication , dos age information , instructions for taking the medication , hazards and warnings associated with such medication , as well as any transaction details . It is also within the scope of the invention to print details on the label as required by applicable regulations . This includes , for example , details that are required to be printed on the label as part of the transaction , as may be required in connection with the sale of cannabis . In sum , labeling generating device ( 230 ) may be used to print any desired information on the label and nothing herein is intended to limit the information which may be printed upon the label . As noted in FIG . 21 , various bar codes or QR codes can be applied to bottle ( 150 ) or label ( 231 ) as needed.”/ examiner interprets selected from as being on of the list of selections needed to be within scope of the claim)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sucilla’s teachings and Flynn’s teachings teachings for the same reasons as claim 3.
As per claim 30, Sucilla does not teach:
The method according to claim 3, wherein the information on dispensing of the prescribed medicines is transmitted to the goods movement recording service with simultaneous verification by a server of validation of security elements
However, Flynn does teach:
The method according to claim 3, wherein the information on dispensing of the prescribed medicines is transmitted to the goods movement recording service with simultaneous verification by a server of validation of security elements ([0110] discloses, “Nonetheless , some additional security features , described below , could optionally be incorporated into the system in view of the nature of the product being dispensed . Namely , the user could be prompted to insert a government issued identification via card slot ( 301 ) in side car vault ( 300 ) . A scan of the card would then be provided to a remotely located third party for the purpose of indicating whether the proffered identification was fake or genuine.” And see [0111] discloses, “If the identification is valid , camera ( 203 ) would then be used to confirm that a live user is present at the kiosk ( 50 ) . This can be accomplished by prompting the user to blink or move their head . Provided a live user is present , system takes a picture of the user via camera ( 203 ) to confirm that the user matches the photograph in the presented identification . In this regard , a light ring may be provided about camera ( 203 ) to provide a clear and properly illuminated picture . The third party can , thereafter , provide a confidence rating , indicating the likelihood that the picture matches the live user present at the kiosk ( 50 ).” And see [0112] disclose, “Still yet other security protocols can be provided . Camera ( 203 ) can be configured to detect whether the user is alone or with others . The system can thus be programmed to reject a sale if the user is not alone , thereby reducing the likelihood that an otherwise authorized user will make the purchase for an unauthorized user or minor . Further programming can be included to detect whether the user is under the influence . This can be accomplished , for example , by detecting whether the user is swaying , unsteady , or has blood shot eyes . The system , via interface ( 202 ) , can also prompt the user to conduct drills to allow the system to assess the user's hand / eye coordination . In the event an impairment is detected , the transaction can be declined . One or more of the various security protocols described herein may be desirable when dispensing either recreational or medical cannabis . They could also be employed if the system is used to dispense dangerous medications or certain scheduled narcotics.” And see [0074])
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sucilla’s teachings and Flynn’s teachings teachings for the same reasons as claim 3.
As per claim 31, Sucilla further teaches:
The method according to claim 3, wherein the message confirming the possibility of delivery of the order of the prescribed medicines from the server of electronic prescriptions includes a timestamp and a unique confirmation identifier. ([0083] discloses, “In some examples, the system may issue to the dispenser a verification or transaction approval code which evidences both that a prescription (re)fill verification was sought at a specific time and date, that the specific refill was determined by the system to be verified and that the transaction is approved. The approval code may be generated by the server in association with the specific prescription (re fill), the requestor, and the patient; the approval code may be stored in databases at the server, at the local device and/or at the Unique Key Device.”)
As per claim 33, Sucilla does not teach:
The method according to claim 3, wherein the patient verifies authenticity of origin of the medicines on the server of validation of security elements without opening any container or breaking any security element associated with the medicines.
However, Flynn does teach:
The method according to claim 3, wherein the patient verifies authenticity of origin of the medicines on the server of validation of security elements without opening any container or breaking any security element associated with the medicines. ([0114] discloses, “For either recreational or medical cannabis , the user is permitted to review the various cannabis types available for purchase . The user will also be able to follow on - screen prompts to obtain additional information about the various types of cannabis . This additional information may include the marijuana strain , the hybrid , the origin and geographic location of the plants , and THC levels.” And see ( 100 ).” And see [0066] discloses, “Label generating device ( 230 ) allows kiosk ( 50 ) to store containers of various medications in predetermined amounts and dosages , but upon dispensing , allows for the individualized labeling of the container specific to the user . For example , the label generating device ( 230 ) allows for a selected container to be dispensed for an authorized and verified user and have it labeled for the specific patient and the specific order . The information printed on the label may include , but is not limited to , the user / patient's name , the person prescribing the medication , type of medication , dos age information , instructions for taking the medication , hazards and warnings associated with such medication , as well as any transaction details . It is also within the scope of the invention to print details on the label as required by applicable regulations . This includes , for example , details that are required to be printed on the label as part of the transaction , as may be required in connection with the sale of cannabis . In sum , labeling generating device ( 230 ) may be used to print any desired information on the label and nothing herein is intended to limit the information which may be printed upon the label . As noted in FIG . 21 , various bar codes or QR codes can be applied to bottle ( 150 ) or label ( 231 ) as needed.”)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sucilla’s teachings and Flynn’s teachings teachings for the same reasons as claim 3.
Claim 24 is rejected to under 35 U.S.C. 103 as being unpatentable over Sucilla et. al (hereinafter Sucilla) (US20170213010A1) in view of Flynn et. al (hereinafter Flynn) (US20210035400A1) and in further view of Weiss (US10832245B2) and in even further view of Sigworth et. al (Sigworth) (US20130159712A1)
As per claim 24, Sucilla, Flynn and Weiss do not teach:
The method according to claim 3, wherein verifying the possibility of sale of the prescribed medicines includes verifying, via the electronic register of medicines and services, that the medicines are approved for medical practice and that the validity term of their registration certificates has not expired. (see [0071] and [0072] discloses, IGR and EPCIS for verifying medicines and registration certificates)
However, Sigworth does teach:
The method according to claim 3, wherein verifying the possibility of sale of the prescribed medicines includes verifying, via the electronic register of medicines and services, that the medicines are approved for medical practice and that the validity term of their registration certificates has not expired. (see [0071] and [0072] discloses, IGR and EPCIS for verifying medicines and registration certificates)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Sucilla’s teachings, Flynn’s teachings, and Weiss teachings with Sigworth as they are all looking to verify accuracy and integrity of saling or distribution of privileged items such as e.g. medical items like medicine, and checking against the register would only improve the accuracy and reduce resources needed to dispense items appropriately and decrease fraud through known predictable legal means.
Subject Matter Free of Prior Art
Claims 29 and 32 are free of prior art and are dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments Regarding 35 U.S.C § 102/103 Rejections
Applicant’s arguments on pages 1-3 of remarks have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Examiner maintains the 35 U.S.C § 103 rejection.
Prior Art Cited But Not Relied Upon
AU2009101164A4 – Potter et. al (hereinafter Potter)
A computer implemented method (40) and associated apparatus (20) for satisfying orders for products wherein at least some of the products are subject to regulatory 5 controls, said method including the steps of: receiving orders (42, 43) for a plurality of prescribed products from customers; processing (44) the orders into batches, wherein the orders within said batches are uniquely identified and associated with prescription details; collecting (45) the prescribed products according to the details of the respective batches; assembling (49) the products required by said orders, 10 utilizing said unique identifiers, from the products collected in batches; presenting (54) the assembled products with the order identifiers for approval (45) by an authorised person; dispensing the products in accordance with the identified orders upon approval (55) by the authorised person against the respective prescription details in light of the regulatory controls; and dispatching (56) the dispensed products 15 to respective customers
US20100145506 - Waugh et. al (hereinafter Waugh)
A method, system and apparatus is provided for dispensing drugs quickly, conveniently, securely, and accurately and at relatively less cost than traditional pharmacy-based dispensing systems. A script for a drug prescribed to a user is generated comprising a human readable description of the drug and the user or a machine readable description of the drug and the user. The script is provided to a robotic prescription dispensary operable to recognize either the human readable description or the machine readable description, and validate and dispense the drug accordingly. The robotic prescription dispensary includes a user interface, a teleconferencing or videoconferencing means enabling communication between the user and a human validation agent, and a scanning means for capturing an image of the script. A method for managing inventory and distribution of drugs is also provided.
US20190206174A1 – Miu et. al (hereinafter Miu)
An automated dispensing machine includes a storage container configured to store a product . An identification sensor of the automated dispensing machine is configured to read , from an identification document of a user , identification data of the user . A biometric sensor is configured to capture , from the user , biometric data of the user . An identity authentication module is coupled to the identification sensor and the biometric sensor . The identity authentication module is configured to obtain information representing whether the identification data matches the biometric data . A product dispenser is coupled to the identity authentication module and the storage container . The product dispenser is configured to dispense , to the user , the product stored in the storage container responsive to the identification data matching the biometric data .
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 Ashley Elizabeth Evans whose telephone number is (571) 270-0110. The examiner can normally be reached Monday – Friday 8:00 AM – 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mamon Obeid can be reached on (571) 270-1813. The fax phone number for the organization where this application or proceeding is assigned 571-273-8300.
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/ASHLEY ELIZABETH EVANS/Examiner, Art Unit 3687
/MAMON OBEID/Supervisory Patent Examiner, Art Unit 3687
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