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 .
Status of Claims
Applicant’s submission filed 11/26/25 has been entered. Claims 1-12 are cancelled. Claims 13-19 are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/28/25 has been considered by the examiner.
Claim Rejections - 35 USC § 101
The amendment to claim 19 has been considered. The rejection of claim 19 under 35 U.S.C. 101 is withdrawn.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 13-15, 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wurm (US 20130282392 A1), in view of Ohmura et al. (US 20070208595).
Re-claim 13, Wurm teaches a physical distribution management device that manages a first storage which stores a first type article, the physical distribution management device comprising:
--a user authority database recording an authority which is set for each account of a plurality of sub users, and which is recorded in association with each account,
(see e.g. [0102] The central management server 50: maintains a list of customers of the service provider; identify which cabinets 10 are connected to the central management server; connects to financial account information of the customers; maintains a database for each customer regarding usage, patients and users; identifies the location of each cabinet 10; stores the inventory of each cabinet 10;
[0052] As part of an initial contract or agreement between a service provider and a customer, the customer would fill out an informational application form for each user of the customer. The users may be a doctor, a nurse or other customer employee. Biometric information of each user is provided to the service provider along with other information, so that the service provider can conduct a background check and to download the biometric information and other identifying information of each user to the central control unit 30 via the central management server of the service provider (described later and shown in FIG. 9). This information may be referred to as user identification information, for example. Different levels of authorization can be provided for each user or for each type of user.
[0055] In operation 515, the user data is stored within the memory 32 for access by the processor 31. The method then proceeds to operation 520, where permission is given to the user. Each user can be assigned a unique or group permission settings which enables the user to access only those compartments 13 within the cabinet 10 that are pre-approved for the permission setting. For example, a doctor may have a permission setting that allows full access to each container, or a nurse may only have a permission setting that allows access to a particular compartment 13 compartment 13. In operation 525, additional users may seek access to the cabinet 10 by returning to operation 505, and otherwise the method terminates.
--wherein the first storage is an automatic locker or a vending machine which includes a plurality of storage sections,
(see e.g. [0030] FIGS. 1 and 2 illustrate an access controlled medication storage and inventory control apparatus (e.g., cabinet) 10 which comprises a main body (frame) 11, a plurality of individual compartments 13, one or more inventory control modules 14 and a central control unit 30.
Abstract ----A system and a method of securely storing, dispensing and inventorying medications using secured cabinets, a communication link and a central management server. Each cabinet has compartments to hold prescribed medical items or samples, restricts access to pre-registered users, keeps track of amount of medical items withdrawn by a user for a given patient and how much of the medical items are remaining in the compartments)
--the first storage is configured to open a corresponding storage section among the plurality of storage sections according to the authority,
(see e.g. [0037] In one embodiment, each compartment 13 can include an electronic locking mechanism (not illustrated) for securing the container and a closed position. Electronic lock of each compartment 13 can be independently controlled by the central control unit 30 to ensure that only authorized users have access to particular compartments 13.
[0043] The central control unit 30 is assigned to control the various functions of the access controlled medications storage and inventory control cabinet 10. The central control unit 30 can act as a gatekeeper for controlling access to the cabinet itself (via the biometric identification unit 35 and the locks 16) and/or to particular containers based on the users predetermined permission settings.)
--the first storage authenticates the sub user who takes out the first type article, and
[0074] As described above with reference to FIG. 6, when a user approaches the cabinet 10, the motion detector sensor 15c detects the motion, the first (outside) camera 15a is activated, and provides video (a video clip) of the user's approach. Either the GUI interface 34c changes to request information from the user, the keypad 34b is enabled to accept the user information or the biometric ID unit 35 is enabled to accept biometric measurements from the user. Once the user is confirmed, then the user is requested to enter patient information on a patient for whom a medical item (medicine) is needed.
--the first storage opens the storage section corresponding to the authority associated with the authenticated sub user based on the user authority database.
(see e.g. [0059] If the user is recognized, the method proceeds to operation 635, where the processor 31 retrieves the user permission settings from the memory 32. Thus, operations 620-635 are analogous to operations 505-525. Upon receiving the permission settings, the method proceeds to operation 640, whether the processor 31 activates the internal camera 15b, unlocks the door 12 and unlocks the particular compartments 13 to which the user permission settings allow access.)
Wurm does not explicitly teach the following limitation.
However, Ohmura et al. teach (based on )an account made by a main user who uses the first storage, which is any one of a plurality of different authorities that differ in a type, quantity, or total amount of money of the first type article that can be taken out,
(see e.g. [0243] Activating a medicine handling personnel master registration button 1014 shows a screen (not shown) from which to register a nurse. The button 1014 is for configuring data for authenticating and identifying the nurse. As already mentioned with reference to FIG. 15, the medicine handling personnel ID and password are set. Registration of the nurse using the medicine handling personnel master registration button 1014 may be permitted only to an authorized manager. )
[0060] The medicine storage 106 is normally protected by a protective means such as a shutter so as to permit only authenticated nurses to take out medicines. The shutter is controlled by a method described later to be opened upon authentication of a nurse.)
The Examiner notes the distinction in authority level between an authorized manager and a nurse.
And the physical distribution management device receives, within the authority which is set for the account made by the main user, an order for the first type article from the sub user.
(see e.g. [0251] A medicine replenishing button 1074 is a button for displaying a screen (not shown) from which to replenish medicines. The nurse performs an operation for replenishing medicines while the screen is being displayed. The method of replenishing is similar to that of storage and retrieval. That is, an input for replenishment of a medicine to be replenished is provided while a screen displayed by activating the medicine replenishing button 1074 is displayed.
[0249] FIG. 26 shows a totaling operation screen displayed when the totaling operation button of FIG. 15 is touched.
[0250] An order operation button 1072 in a totaling operation screen 1060 is used to review the stock and to place orders.)
Ohmura et al. also teach
--a user authority database recording an authority which is set for each account of a plurality of sub users,
(see e.g. [0104] Information including the medicine handling personnel ID, password and nurse name are stored in the data storage 130. Alternatively, a database included in the medical information system 220 or the prescription analyzer 250 may store the information.)
--the first storage is configured to open a corresponding storage section among the plurality of storage sections according to the authority,
(see e.g. [0092] The input processing unit 132 authenticates the medicine handling personnel and prevents unauthorized access.)
--the first storage authenticates the sub user who takes out the first type article, and
(see e.g. [0060] The medicine storage 106 is normally protected by a protective means such as a shutter so as to permit only authenticated nurses to take out medicines. The shutter is controlled by a method described later to be opened upon authentication of a nurse.)
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Wurm, and include the steps cited above, as taught by Ohmura et al. in order to use the stock control capabilities and authentication feature of the apparatus to render more efficient services (see e.g. [0146], [0060] ).
Re-claim 14, Wurm teaches the physical distribution management device according to claim 13, wherein the first storage determines the authority associated with the authenticated sub user by referring to the user authority database, and opens the storage section corresponding to the determined authority.
(see e.g. [0059] If the user is recognized, the method proceeds to operation 635, where the processor 31 retrieves the user permission settings from the memory 32. Thus, operations 620-635 are analogous to operations 505-525. Upon receiving the permission settings, the method proceeds to operation 640, whether the processor 31 activates the internal camera 15b, unlocks the door 12 and unlocks the particular compartments 13 to which the user permission settings allow access.)
Re-claim 15, Wurm teaches the physical distribution management device according to claim 13, wherein the plurality of authorities includes a higher authority and a lower authority,
--the first storage opens the storage section which stores a large quantity of or a large number of types of the first type articles among the plurality of storage sections when the authority associated with the authenticated sub user is the higher authority, and --the first storage opens the storage section which stores a small quantity of or a small number of types of the first type articles among the plurality of storage sections when the authority associated with the authenticated sub user is the lower authority.
(see e.g. [0055] For example, a doctor may have a permission setting that allows full access to each container, or a nurse may only have a permission setting that allows access to a particular compartment 13 compartment 13.)
Claims 17, 18, 19 recite similar limitations as claim 13 and are therefore rejected under arts and rationale.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Wurm (US 20130282392 A1), in view of Ohmura et al. (US 20070208595), in further view of Chudy et al. (US 20100030667 A1).
Re-claim 16, Wurm teaches the physical distribution management device according to claim 13, manages a physical distribution system that uses the first storage, a second storage that stores a second type article to be transported to a user who uses each of a plurality of the first storages, and a third storage that stores a third type article to be transported to a user who uses each of the plurality of first storages corresponding to each of a plurality of the second storages,
(see e.g. [0088] When the inventory of one or more kinds of medications falls below a predetermined threshold in a particular cabinet, an order for restocking is automatically generated by the central management server 50. In addition, when some medication in a cabinet 10 is approaching expiration, an order for replacing the expiring medication is also automatically generated by the central management server 50. Further, the central management server 50 can generate an order indicating that there remains a large supply of a medical item in one of the cabinets 10 within a network of cabinets 10 of a customer of the service provider, so that the service provider can move some of the large supplied medical items from one cabinet 10 within the network to another cabinet 10, thereby delaying the need to acquire more of that type of medical item. Orders to optimize inventory across all the connected cabinets may also be generated, automatically utilizing medication-specific, patient-specific, and cabinet-specific information mentioned above.)
Although Wurm anticipates acquiring a use frequency (see e.g. [0081] Logs of inventory changes of all cabinets 10 are kept in the central database (element 52 in FIG. 10) for at least a predetermined period of time. Logs are routinely analyzed to detect any aberration that may indicate diversion. In addition, statistical information regarding a specific medication (e.g., expiration, lot number, changes of use, peak usage times--days of week, months, seasons for specific medications), a specific patient (e.g., history, preference, etc.), or a specific cabinet can be mined by analyzing inventory logs.),
Wurm, in view of Ohmura et al., do not explicitly teach the following limitation.
However, Chudy et al. teach --the physical distribution management device comprising:
-- an acquisition unit acquiring a use frequency of an article of each user; and
[0112] So, for example, the usage frequency for the pharmaceutical product is determined, and the ranking based on usage frequency is then determined within the rank ordering which applies to the set or subset. Usage data of each pharmaceutical product is determined from the database 73 of all pharmacy transactions within the moving-window time period. A record of each pharmaceutical product usage is automatically created at block 251 each time the pharmaceutical product is used to fulfill a patient prescription.
[0113] System 11 maintains a rank-ordering of usage frequencies and determines the usage frequency ranking within this rank-ordering each time a pharmaceutical product is placed into inventory
--a classification unit classifying the article corresponding to a first use frequency as the first type article, classifying the article corresponding to a second use frequency lower than the first use frequency as the second type article, and classifying the article corresponding to a third use frequency lower than the second use frequency as the third type article, based on the use frequency of each of a plurality of users belonging to a transport target region set for the third storage.
(see e.g.[ 0054] As will be described, system 11 adapts to real-time and anticipated changes in pharmaceutical product usage frequency and directs placement of full and partially-full pharmaceutical product containers (e.g., containers 13-19) to a storage location (e.g., locations 37-59) based on usage frequency each time the pharmaceutical product container (e.g., containers 13-19) is placed into storage.
[0111] The storage location is assigned with the objective of aligning the pharmaceutical product's usage frequency ranking with the storage location's ease of accessibility ranking so that the most frequently used pharmaceutical products are assigned to the storage locations most easily accessible to workstation 21.
[0112] At block 211, the usage frequency ranking of the pharmaceutical product being placed is updated (or determined for new products) in the COL, POL and SOL modes according to the rules for each mode. The SR mode may also apply. In the COL mode, usage frequency ranking is determined by rank-ordering each pharmaceutical product in the COL category (within subsets if subsets are being used), from highest to lowest usage frequency, based on the frequency of usage within a moving time window. )
[0119] The initial or updated storage location for the pharmaceutical product container is determined as follows in block 213. Assume that the usage frequency for the pharmaceutical product has a ranking of R within a total rank-ordering range of from 1 to P, where P is the total number of pharmaceutical products in the set or subset and 1 is the most favorable ranking. The pharmaceutical product which has a usage frequency ranking of R+1 is stored at a location having an ease-of-accessibility ranking of E, and the pharmaceutical product which has a usage frequency ranking of R-1 is stored at a location having an ease-of-accessibility ranking of E-.DELTA.. E and E-.DELTA. are in the rank-ordering range of from 1 to L, where L is the total number of storage locations in the set or subset and 1 is the most favorable ranking. The symbol .DELTA. represents the difference in numerical rank of the storage locations. Storage locations (e.g., locations 37-59) which are more easily accessible to workstation 21 have a better ranking. In other words, a storage location with a ranking of 1 is deemed more easily accessible than a storage location with a ranking of 10. Therefore, the storage location ranking represented by E-.DELTA. is more favorable than the storage location represented by E.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Wurm, in view of Ohmura et al., and include the steps cited above, as taught by Chudy et al., because the goal of this assignment is to place each pharmaceutical product container (e.g., container 13-19) at a storage location which is ranked with respect to ease-of-accessibility to workstation 21 at approximately the same ease-of-accessibility ranking as its ranking with respect to usage frequency. (see e.g. [00117]).
Response to Arguments
Applicant's arguments filed 11/26/25 have been fully considered but they are not persuasive.
Applicant argued that Wurm does not receive any order from nurse of patient, let alone an order for a medical item “within the authority which is set for the account made by the main user [doctor].
The Examiner notes that Wurm clearly anticipates the limitations as claimed, except for the ordering of the items. However, in the same field of endeavor, Ohmura et al. teach several entities at different authority levels, including the setting of a nurse profile and the ordering by the nurse of medical items from a secure medicine storage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wittern, III et al. (US 10402804 B1)
Hopkins et al. (US 20060077038 A1)
Shoenfeld (US 10417847 B1)
THIS ACTION IS MADE FINAL. 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 LUNA CHAMPAGNE whose telephone number is (571)272-7177. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Florian Zeender can be reached at 571 272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUNA CHAMPAGNE/ Primary Examiner, Art Unit 3627
January 12, 2026