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 .
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.
Status of Claims
In the amendment filed on December 18th, 2025, claims 1, 8, 14, 15 and 19 have been amended, claims 2-4 have been cancelled and new claims 20-22 have been added. Therefore, claims 1, 5-22 are pending for examination.
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/18/2025 has been entered.
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.
Claim(s) 1, 5, 7, 8, 14, 15, 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gitchell et al. (US 20200357509 A1) in view of Dodgson (US 20120029832 A1), Sanat Pai Raikar, “Radio Frequency Identification”,Encyclopedia Britannica, Encyclopedia Britannica Inc. and Namineni et al. (US 20090192648 A1)
In regards to claim 1, Gitchell teaches a traceable vial comprising a vial configured to hold contents therein; and a tracking assembly fitted to an exterior portion of the vial and housing electronic components configured to transmit a signal indicating a status of the vial (Abstract; Paragraphs 23, 28, 35, 40, 49, 158), i.e.
A system and method is described for printing a label with an RFID tag. The system includes an RFID reader that queries a first RFID tag coupled to a first medicinal container that includes a medication. In response, the system receives a first unique identifier and uses the first unique identifier to determine a status of the medication, associate the first medicinal container with a medical provider and print a second label that includes a second RFID tag for a second medicinal container. [Abstract]
the system can rely on data specific to each pharmaceutical inventory item (for example, medicinal containers, such as vials, ampoules, IV bags, and syringes, gauze, medical supplies, etc.) originating in the pharmacy or created by the user within the medical care facility environment. This data can be captured by reading data encoded on RFID tags present on each item or alternatively by scanning a serialized barcode or QR code, or other technology, etc. The system can create RFID or serialized barcode tags for placement on child medicinal containers, and can provide the user with the ability to indicate the administration of medication and/or the disposal of medication [P-23]
an RFID tag with a specific unique identifier can be coupled to a 10 mL vial of Fentanyl, which is a DEA Schedule II controlled substance. The unique identifier can be used to store data regarding the Fentanyl and/or the vial in the database used by the system. As the vial (and Fentanyl) physically moves throughout the medical care facility, RFID readers throughout the medical care facility can record the physical movement and note the location and time that the RFID tag of that pharmaceutical item was read. [P-28]
as part of the process of physically combining items, the provider can use the system to create an RFID label (or barcode or QR code label) to place on the child medicinal container, which the system can use to track location, custody, and administration of the contents of the child medicinal container (“Vecuronium bromide in Normal Saline”) [P-35]
an environment 100 for tracking medications at a medical care facility. In the illustrated embodiment, the environment 100 includes a label reading station 102 communicatively coupled with an information processing system 108 and an electronic medical records database 110. The label reading station 102 can be communicatively coupled directly with the information processing system 108 and/or the electronic medical records database 110, such as via a wired or wireless connection, or can be communicatively coupled via a network 112. The network 112 can be a local area network or a wide area network, such as the internet, etc [P-40]
The rules can include information regarding which medications can be used with each other, preferences for different users, how to calculate expiration dates for medications, substitute medications that can be used in place of other medications, drug policies, etc. Using the information received from the label reading station 1002 and data in the data storage device 114, the information processing system 108 can verify the status of the medications, calculate expiration dates for the medications, determine whether a medication has been recalled or is expired, provide mixing or dilutions suggestions, associate medications, RFID tags, and/or unique identifiers with medical care providers and/or patients, generate restocking notifications, create new database entries for new medications and/or new RFID tags, track drug administration and/or reconciliation, generate reports regarding drug administration by various providers, reports regarding drug administration to different patients, etc.[P-49]
the label reading station 102 can verify the status of the medication using the data associated with the first unique identifier, as described in greater detail above with reference to block 706 [P-158]
.Gitchell fails to teach a temperature sensor, an antenna configured to transmit the signal indicating a status of the vial and to transmit the signal indicating a temperature reading by the temperature sensor and a battery configured to power the antenna,
Dodgson on the other hand teaches a temperature sensor, an antenna configured to transmit the signal indicating a status of the vial and to transmit the signal indicating a temperature reading by the temperature sensor and a battery configured to power the antenna (Paragraphs 138, 147, 152, 157)
The tag assembly may be adapted such that the vial locates adjacent to one or more sensors provided as part of the tag assembly. For example, a tag assembly may have a location for a vial such that it is in good thermal contact with a temperature sensing location, allowing a temperature sensor associated with the tag assembly to read a representative temperature for the vial and its contents.[P-138]
Such a transport apparatus has advantages in use including: easy snap in place of a vial into the tag assembly; automatic tracking of the use of the vial, temperature or other conditions; re-usability of the tag assembly with further vials, or, according to the usage pattern, disposal of the vial plus tag assembly after a single use. [P-147]
The tag assembly comprises a temperature monitoring means 710 comprising a temperature sensor 712 and a communication means 714, for example a RFID communications means. These features may be provided in a T/time RFID tag as known in the art, mounted within the tag assembly. The vial preferably mounts with the sensor in contact with the vial, so monitoring a temperature indicative of the temperature of the biological material within the vial. The vial itself may also comprise an ID tag 715. In an alternatively embodiment the sensor(s), communication means and memory may form part of an electronic subassembly and be distributed in one or more different locations as part of the device. The tag or subassembly may comprise a battery or RF-energised power source as known in the art. The formation of the device from a container and a separately-formed tag assembly has advantages in practice, including: the container or vial may be manufactured separately allowing low-cost, standard manufacturing as presently done without changes to the process to allow for incorporation of electronic components; sterilisation of the container may be done without passing the electronic components through the sterilisation process, which may limit the type of sterilisation and components that are usable; cost optimisation of each component separately. In some embodiments the container or vial may comprise a substantially rigid sealable containment, such as a screw-top vial or septum-sealed vial; others may comprise a flexible containment such as a bag, the tag assembly being adapted to hold the bag in such a way as to present one or more sensors in the vicinity of the bag, preferably in contact with it, so as to monitor conditions of, and hence within, the bag.[P-152]
FIG. 5a shows a biological material container according to the invention in which the tag assembly further comprises insulation means 734, for example a layer of insulating material or an air gap between the vial and the wall of the recess 706, which in use may function to reduce sudden changes in temperature of the vial during movement from one controlled temperature environment to another. In a further embodiment a layer of conductive material 732 may surround the vial and may be in contact with it, the layer being in contact with the temperature sensor 712 so as to increase the ability of the sensor 712 to register a temperature characteristic of the vial as a whole, and hence the biological material, rather than that of a localised area of contact.[P-155}
FIG. 5c shows a further embodiment in which the tag assembly comprises a housing 740 and lid 742 that together define a closable space 744 surrounding the vial 702 when in place. The lid acts to control and in some embodiments to monitor access to the vial. The tag assembly preferably comprises means to detect when the lid is opened and/or the vial is removed, for example a proximity sensor 746 and associated actuator 747 may signal to the electronic subsystem 710 that the lid has been opened; alternatively the subsystem 710 may comprise a sensor 748 that detects the presence of the vial 702, for example by means of a proximity sensor and associated actuator provided as part of the vial, or a pressure switch actuated by pressure from the vial being pressed down when the lid is closed and in a preferred embodiment then released when the lid is opened--spring means may be provided to hold the vial in place once the lid is closed, and may also cause suitable movement of the vial when the lid is opened and closed. Further sensor means, such as capacitive proximity sensing, may be provided to detect the presence of the vial. Opening and closing events may be logged by the electronic subsystem 710 for later reading and analysis by a data system in communication with the electronic subsystem.[P-157]
Here, though there is no explicit mention of the antenna responsible for signal transmission relating to the status of the vial and to transmit the signal indicating a temperature reading by the temperature sensor, according to Raikar’s Britannica article “Raido Frequency Identification”, the components that make up your conventional RFID tag, read as follows,
An RFID system consists of two components: a tag, or label, and a reader. The tag has two functional components: a microchip that stores digital data related to the object being tagged and an antenna that transmits and receives signals. [Pg 1, P-4]
RFID tags are of two types based on their source of power. Passive tags have no power source of their own and rely on the radio wave energy transmitted by the reader to transmit stored information back to the reader. Active tags, on the other hand, include a small battery that helps transmit information. Active RFID tags are thus able to communicate with readers over much larger distances than passive tags can. Tags can be either read-only, wherein the reader can only view the information on the tag, or read-write, in which case the reader can add or modify tag data. [Pg 2, P-1]
By this acknowledgement, it is obvious to one of ordinary skill in the art that by stating the tag assembly that monitors the vial is indeed an RFID, it would require an antenna to communicate to the reader signals that are related to the temperature sensed as well as status of the vial alike (Supported by “Radio-Frequency Identification” Encyclopedia Britannica Article, Page 1, P-4). Furthermore, with the RFID assembly including a battery, it would be obvious to one of ordinary skill in the art that the antenna and functionality of the tag is powered by the said battery(Supported by “Radio-Frequency Identification” Encyclopedia Britannica Article, Page 2, P-1).
Lastly the status of the vial being communicated is the status of the opening and closing events of the vial.
Therefore, it would have been obvious to one of ordinary skill in the art during the time of the filing date of the invention to combine Dodgson’s teaching with Gitchell in order to more effective track the state of vial during its transition
Gitchell fails to teach the tracking assembly is structured and designed to form a base structure that supports that vial and that secures fit around a lower base portion of the vial and to retain the lower base portion therein.
Namineni on the other hand teaches the tracking assembly is structured and designed to form a base structure that supports that vial and that secures fit around a lower base portion of the vial and to retain the lower base portion therein (Paragraph 43; Figure 3 (1-14))
Either to assure medication compliance, or to automated the prescription refilling process, the invention incorporates a small and inexpensive automated medication vial cap that (a) fits the present standard vials, (b) supports multiple pill sizes and quantities, (c) can be programmed at home or at the pharmacy with the patient's prescription dosages and dose times, (d) provide patient reminders to take the medicine, (e) allows the patient to only take the prescribed dosages (within the prescribed dosage time window), (f) monitors that the dose are taken through direct pill counting at the time dispensing, (g) reports this data back to a central monitoring database (and clinical users that have access to this data) through a wireless network. The wireless network can also be used to insert medical dispenser cap programming and can assure that the proper physical vial is attached to the properly programmed cap.[P-43]
Here, Namineni illustrates above and in Figure 3, a monitoring tracking assembly for vial(s) capable of wireless communication, wherein the assembly is structured and designed to form a base structure that supports that vial and that secures fit around a lower base portion of the vial and to retain the lower base portion.
It would have been obvious to one of ordinary skill in the art during the time of the filing date of the invention to combine Namineni’s teaching with Gitchell modified’s in order to more effective track the dispensing as well as other status of vial for communicative purposes
In regards to claim 5, Gitchell teaches the tracking assembly encircles a base of the vial(Paragraph 74, 84, Figures 2A-2B), i.e.
Furthermore, text printed on any one or more of the portions can be printed in the same orientation or in different orientations, as desired. In addition, although in the illustrated embodiments, the applicator portion 204 extends across an entire length or height of the label, it will be understood that it can extend along a more or less of the RFID portion 206 as desired. For example, the applicator portion 204A can extend along less than the entire length of the RFID portion or more than the length of the RFID portion 206. Similarly the applicator portion 204B can extend along the less than the entire height of the RFID portion 206 or more than the entire height of the RFID portion 206. In some embodiments, the abbreviated data portions 208, 210 can be detachably coupled to the RFID portion 206 and/or to each other. In this way, the abbreviated data portions 208,210 can be removed from the rest of the label 202 and applied to different portions of a medicinal container in order to provide a user the ability to read information regarding the contents of the medicinal container from a variety of positions, angles, or orientations.[P-74]
specific lengths and heights of the label 202, the applicator portion 204, the RFID portion 206, and the abbreviated data portions 208, 210 are provided. However, it will be understood that the label 202, the applicator portion 204, the RFID portion 206, and the abbreviated data portions 208, 210 can be configured using any dimension as desired. Accordingly, the dimensions illustrated in FIG. 2B should not be construed as limiting.[P-84]
Though Gitchell fails to verbatim state the tracking assembly encircles a base of the vial. By Gitchell teaching the RFID tag portion in the label being configured using any dimension as desired, and further being placed on the container of the vial, it would be obvious to one of ordinary skill in the art that the tracking assembly of Gitchell’s teaching would encompass the teaching of being configured to encircle the base of the vial accordingly.
In regards to claim 7, Gitchell modified teaches the electronic components housed in the tracking assembly are configured to transmit the signal indicating at least one of: a vial identification, a location identification, a battery voltage, a coverage level, a radio frequency band, or a measured temperature (Paragraph 28, 45, 89, Gitchell), i.e.
The system can further record the physical location of items within a hospital or medical center campus, and the possession of items by specific users. The system can use both physical checkpoints such as RFID readers, and workflow checkpoints to record the location of a pharmaceutical item. For example, an RFID tag with a specific unique identifier can be coupled to a 10 mL vial of Fentanyl, which is a DEA Schedule II controlled substance. The unique identifier can be used to store data regarding the Fentanyl and/or the vial in the database used by the system.[P-28]
The label printer 104 can be used to print the new label. In some embodiments, the new label can include an RFID tag that has stored thereon a unique identifier. In certain embodiments additional information can be stored on the RFID tag, such as medication name data, expiration data, provider data, patient data [P-45]
The medication names 312, 332 can include a proper name for the medication, a generic name for the medication and/or other identifying name for the medication. The class identifier 313 can indicate the class of the medication, such as a drug classification. In some embodiments, the class identifier can be a color coded drug class identifier, or other identifier to indicate the classification of the medication or drug.[P-89]
In regards to claim 8, Gitchell modified teaches the electronic components housed in the tracking assembly are configured to transmit the signal to a base transceiver station within a network, and wherein lookup information associated with nearest base transceiver station indicates a location range of the traceable vial (Paragraphs 105, 106, Gitchell), i.e.
the information processing system 108 can automatically determine that medications are to be provided to a particular patient based at least in part on the location of the label reading station 102 and the electronic medical records of the particular patient. For example, if the label reading station 102 is located in operating room 1 and the medical records of Abigail Jones indicate that she is in operating room 1, when the medical care provider logs into or accesses the label reading station 102. [P-105]
the label reading station 102 in the operating room 1 reads RFID tags associated with various medicinal containers, the information processing system 108 can associate the various medicinal containers with the Abigail Jones and with the medical care provider (if it has not already done so as part of a label creation). As the RFID tags are scanned, information regarding them can be displayed on the user interface 300. [P-106]
In regards to claim 14, Gitchell teaches a traceable vial system comprising at least one traceable vial including a vial, a tracking assembly fitted to an exterior portion of the vial and housing electronic components configured to transmit a signal; and a receiver configured to receive the signal from the at least one traceable vial and to detect one or more metrics of the at least one traceable vial based on the signal(Paragraphs 23, 28, 35, 38, 40,141), i.e.
the system can rely on data specific to each pharmaceutical inventory item (for example, medicinal containers, such as vials, ampoules, IV bags, and syringes, gauze, medical supplies, etc.) originating in the pharmacy or created by the user within the medical care facility environment. This data can be captured by reading data encoded on RFID tags present on each item or alternatively by scanning a serialized barcode or QR code, or other technology, etc. The system can create RFID or serialized barcode tags for placement on child medicinal containers, and can provide the user with the ability to indicate the administration of medication and/or the disposal of medication [P-23]
an RFID tag with a specific unique identifier can be coupled to a 10 mL vial of Fentanyl, which is a DEA Schedule II controlled substance. The unique identifier can be used to store data regarding the Fentanyl and/or the vial in the database used by the system. As the vial (and Fentanyl) physically moves throughout the medical care facility, RFID readers throughout the medical care facility can record the physical movement and note the location and time that the RFID tag of that pharmaceutical item was read. [P-28]
as part of the process of physically combining items, the provider can use the system to create an RFID label (or barcode or QR code label) to place on the child medicinal container, which the system can use to track location, custody, and administration of the contents of the child medicinal container (“Vecuronium bromide in Normal Saline”) [P-35]
Through the use of RFID or serialized labels on the pharmaceutical items, the provider can scan these items in bulk and perform one action on all of the items scanned, or can scan items individual and perform more granular actions. For example, at the end of a medical case in the operating room, the provider may have ten empty syringes to reconcile. If all of the syringes are empty and the provider intends to place them all in a waste receptacle, the system can scan the group of items. The system can identify all items scanned and allows the user to indicate the amount used (e.g. “all”) and intention (e.g. “discard”), which is then applied to all of the scanned items. The system can also record partial amounts used or wasted of single medicinal containers (e.g. “10 mL used and 15 mL wasted from a 25 mL package”). The system allows for medical care facilities to specify the intentions they would like to track as well as rules regarding item administration and reconciliation, which includes the units of measure used to record administration and waste and whether to record mass versus volume of an item. In addition to the manual reconciliation of administration and waste of items, the system can interact with patient electronic medical record stored in systems accessible within the patient administration context.[P-38]
an environment 100 for tracking medications at a medical care facility. In the illustrated embodiment, the environment 100 includes a label reading station 102 communicatively coupled with an information processing system 108 and an electronic medical records database 110. The label reading station 102 can be communicatively coupled directly with the information processing system 108 and/or the electronic medical records database 110, such as via a wired or wireless connection, or can be communicatively coupled via a network 112. The network 112 can be a local area network or a wide area network, such as the internet, etc [P-40]
the label reading station 102 can print medication data on a second label having a second RFID tag. The medication data can include the name of the medication, the expiration of the medication, the concentration of the medication, and/or the total volume of the medication in the second medicinal container. In addition to the medication data, the label reading station 102 can print information regarding the transfer of the medication, including the date and time of the transfer, and the identification of the user that caused the printing to occur. [P-141]
Gitchell fails to teach the tracking assembly is structured and designed to form a base structure that supports that vial and that secures fit around a lower base portion of the vial and to retain the lower base portion therein.
Namineni et al. (US 20090192648 A1) on the other hand teaches the tracking assembly is structured and designed to form a base structure that supports that vial and that secures fit around a lower base portion of the vial and to retain the lower base portion therein (Paragraph 43; Figure 3 (1-14))
Either to assure medication compliance, or to automated the prescription refilling process, the invention incorporates a small and inexpensive automated medication vial cap that (a) fits the present standard vials, (b) supports multiple pill sizes and quantities, (c) can be programmed at home or at the pharmacy with the patient's prescription dosages and dose times, (d) provide patient reminders to take the medicine, (e) allows the patient to only take the prescribed dosages (within the prescribed dosage time window), (f) monitors that the dose are taken through direct pill counting at the time dispensing, (g) reports this data back to a central monitoring database (and clinical users that have access to this data) through a wireless network. The wireless network can also be used to insert medical dispenser cap programming and can assure that the proper physical vial is attached to the properly programmed cap.[P-43]
Here, Namineni illustrates above and in Figure 3, a monitoring tracking assembly for vial(s) capable of wireless communication, wherein the assembly is structured and designed to form a base structure that supports that vial and that secures fit around a lower base portion of the vial and to retain the lower base portion.
Furthermore, Namineni teaches the antenna is configured to transmit the signal indicating the temperature reading to a mobile user device in a threshold vicinity of the vial, and wherein the mobile user device is configured to transmit a corresponding signal based on a location of the mobile user device to an administrator computing device (Paragraphs 49; 64; Figures 2, 8).
In this system shown in FIG. 2 we add (1) the wireless medication dispenser that communicates into the system via the base module or hub. This adds one additional data stream to those already part of the over telehealth system. All devices, including the medication dispenser, communicate into the base module or hub (1), which then malces a common carrier communication connection (broadband, cellular, plain phone, or other) to the central data server (2). Then on-demand, clinical staff people can interrogate or in some other way utilize this data stream that now is augmented to include medication compliance information. Directly applicable to the medical dispenser is the typical telehealth system capability to screen incoming data so present the clinical staff with alerts, which for a medication dispenser would be associated with patient non-compliance with his or her prescribed medication treatment plan (i.e. what medicine to taken at what time and in what quantity). [P-49]
Referring to FIG. 8, the microcomputer-based base module electronics is used to collect the compliance data from multiple dispenser caps using low power, short range wireless communications (Wireless Interface) and transmit the data via a Broadband, Cellular, Bluetooth, 802.11 Wireless, Plain Old Telephone Service (POTS Phone Interface) to a Data Collection Server listening on a toll-free number, or other communications means. It has a user display, audible, and key buttons to interact with the user. The base module includes a mechanism/method such as a bar code scanner (Vial Scanner) to identify the medication in the pill bottle. It coordinates with the Pill Dispenser Caps to guide the user to intuitively use the right bottle with the right dispenser cap. It is designed to be an automatically foolproof system. For flexibility, many of the communications options are implemented through a USB interface so that commercial interfaces built for PCs can be used. To enhance reliability the unit includes a battery back-up energy source so that it can work through intermittent power or portable applications.[P-64]
Namenini describes the antenna is configured to transmit the signal indicating relevant data of the vial by way of short range wireless communication which requires the vial/medication device to be within a threshold vicinity of the mobile user device/ base model (hub). The mobile user device (base model (hub)) is then configured to transmit a corresponding signal based on a location of the mobile device (base model hub) to the vial, to an administrator computing device (central data server). When combined with Gitchell modified’s teaching, the transmitted data may in turn be substituted the temperature reading of the vial as the pertinent data signal
It would have been obvious to one of ordinary skill in the art during the time of the filing date of the invention to combine Namineni’s teaching with Gitchell modified’s in order to more effective track the dispensing as well as other status of vial for communicative purposes
In regards to claim 15, Gitchell modified teaches, the receiver is housed in a mobile user device, and wherein the mobile user device executes an application that processes the signal received from the traceable vial (Paragraphs 26, 46, Gitchell), i.e.
the patient administration environment, the system can use a handheld, tablet, or desktop device used to interact with the user, an RFID reader (or barcode or QR code reader) to identify the pharmaceutical items, and a printer used to create RFID or serialized tags for pharmaceutical items created within the patient administration environment.[P-26]
the information processing system 108 can update the medical records of the particular patient with data regarding the administration of the medication, determine whether a particular medication has been provided to a patient located at or near the label reading station 102, determine whether the medicinal container has been used previously, etc. In some embodiments the label reading station 102 can be implemented as a portable or handheld device that can be used to quickly and easily read RFID tags.[P-46]
In regards to claim 17, Gitchell modified teaches the signal indicates a location information and a timestamp of when the signal was received (Paragraphs 28, Gitchell)
The system can further record the physical location of items within a hospital or medical center campus, and the possession of items by specific users. The system can use both physical checkpoints such as RFID readers, and workflow checkpoints to record the location of a pharmaceutical item. For example, an RFID tag with a specific unique identifier can be coupled to a 10 mL vial of Fentanyl, which is a DEA Schedule II controlled substance. The unique identifier can be used to store data regarding the Fentanyl and/or the vial in the database used by the system. As the vial (and Fentanyl) physically moves throughout the medical care facility, RFID readers throughout the medical care facility can record the physical movement and note the location and time that the RFID tag of that pharmaceutical item was read. [P-28]
In regards to claim 20, Gitchell modified teaches the tracking assembly is configured to snap fit around the lower base portion of the vial and to support the vial upright therein (Paragraph 43; Figure 3 (1-14))
Either to assure medication compliance, or to automated the prescription refilling process, the invention incorporates a small and inexpensive automated medication vial cap that (a) fits the present standard vials, (b) supports multiple pill sizes and quantities, (c) can be programmed at home or at the pharmacy with the patient's prescription dosages and dose times, (d) provide patient reminders to take the medicine, (e) allows the patient to only take the prescribed dosages (within the prescribed dosage time window), (f) monitors that the dose are taken through direct pill counting at the time dispensing, (g) reports this data back to a central monitoring database (and clinical users that have access to this data) through a wireless network. The wireless network can also be used to insert medical dispenser cap programming and can assure that the proper physical vial is attached to the properly programmed cap.[P-43]
The different labeled components of figure 3 (1-14) illustrate the tracking assembly is configured to snap fit around the lower base portion of the vial and to support the vial upright therein
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gitchell et al. (US 20200357509 A1) in view of Dodgson (US 20120029832 A1), Sanat Pai Raikar, “Radio Frequency Identification”,Encyclopedia Britannica, Encyclopedia Britannica Inc., and Namineni et al. (US 20090192648 A1), applied in claim 1 above, in further view of in view of Aji (US 10664796 B2).
In regards to claim 6, Gitchell modified fails to teach the electronic components housed in the tracking assembly are configured to transmit the signal using a narrowband internet of things (NB-JOT) network. Aji on the other hand teaches medical equipment inventory with the electronic components housed in the tracking assembly are configured to transmit the signal using a narrowband internet of things (NB-JOT) network (Column 2, lines 57-67; Column 3, lines 20-25; Column 14, lines 16-25), i.e.
The inventory management devices, sometimes referred to as a label, may be coupled to or embedded in the container for the consumer goods. After the container leaves the manufacturer and/or distributor and travels through the supply chain to the end user, which could be a business entity or a consumer, the label may collect and transmit product data to be displayed via a computer interface, such as a mobile application, web application, and computer. The end user may connect the label to the internet via WIFI, BLUETOOTH, (Bluetooth Low Energy) BLE, LoRa, NB-IoT, or any network interface or network hub. The interface may be used by the manufacturer and/or distributor to directly communicate with the retailer and/or end user.[Col 2, ln 57-67]
The label may connect to a network interface without human intervention. For example, the label may connect to a network interface controlled by the manufacturer and/or distributor without intervention by the end user. The label may connect to the network via LoRa or NB-IoT, for example. The label may autonomously track the amount of material in the container, usage data, including when, where, and how often the product is used, consumer demographics, and when a reorder of the product is desirable. [Col 3, ln 20-25]
The inventory management system may be characterized by one or more of the following: small size, flexibility, reusability and nonintrusive monitoring of the quantity or level of material in the container. The small size and flexible inventory management system as described herein may comprise an electronic sticker on a flexible printed circuit board (PCB) or printed electronics. The reusable inventory management system as described herein may comprise the electronic sticker removably attached to a container. The inventory management system may be attached to a container of any shape and size. The nonintrusive inventory management system as described herein may be safely used for food materials and medicines by surmounting the inventory management device to an exterior surface of the container.[Col 14, ln 16-25]
It would have been obvious to a person of ordinary skill in the art before the effective filing of the invention to combine Aji’s teaching with Gitchell modified’s teaching in order to enable the effective transmitting of tracking information via a network to a remote server device absent from the tracking devices location for further effective remote analysis and storage.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gitchell et al. (US 20200357509 A1) in view of Dodgson (US 20120029832 A1), Sanat Pai Raikar, “Radio Frequency Identification”,Encyclopedia Britannica, Encyclopedia Britannica Inc. and Namineni et al. (US 20090192648 A1), applied in claim 1 above, in further view of in view of Kahn et al. (US 20090154764 A1).
In regards to claim 9, Gitchell modified teaches the electronic components transmitting the signal to the base transceiver station are configured to provide location information including at least one of: a location name, a longitude, a latitude, or a location timestamp (Paragraphs 105, 106, Gitchell),i.e.
the information processing system 108 can automatically determine that medications are to be provided to a particular patient based at least in part on the location of the label reading station 102 and the electronic medical records of the particular patient. For example, if the label reading station 102 is located in operating room 1 and the medical records of Abigail Jones indicate that she is in operating room 1, when the medical care provider logs into or accesses the label reading station 102 [P-105]
the label reading station 102 in the operating room 1 reads RFID tags associated with various medicinal containers, the information processing system 108 can associate the various medicinal containers with the Abigail Jones and with the medical care provider (if it has not already done so as part of a label creation). As the RFID tags are scanned, information regarding them can be displayed on the user interface 300. [P-106]
Gitchell fails to teach transmitting the signal to the base transceiver station being configured to provide location mapping information. Kahn on the other hand teaches transmitting the signal (from the tagged vial) to the base transceiver station being configured to provide location mapping information (Paragraph 174), i.e.
the identity of the drug vial 60 at the photoimaging station 3000 is proper, then a second photo image of the drug vial can be taken and compared to the reference image. If the orientation of the drug vial 60 cannot be determined, then the controller can signal an automated device for removing the drug vial 60 from the system. In this situation, the database is updated to reflect that this drug vial 60 has been removed and therefore, it is no longer tracked through the system. The map of the specific locations of identified drug vials and syringes is thus updated to reflect the new positions of the drug vials and syringes. [P-174]
It would have been obvious to a person of ordinary skill in the art before the effective filing of the invention to combine Kahn’s teaching with Gitchell modified’s teaching in order to enable an effective visual representation of the location tracking of the tagged vial for improved location tracking purposes.
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gitchell et al. (US 20200357509 A1) in view of Dodgson (US 20120029832 A1) and Sanat Pai Raikar, “Radio Frequency Identification”,Encyclopedia Britannica, Encyclopedia Britannica Inc. and Namineni et al. (US 20090192648 A1), applied in claim 1, in further view of Panzavolta et al. (US 20220391884 A1) in view of Park et al. (JP 4542509 B2).
In regards to claim 10, Gitchell modified fails to teach the electronic components housed in the tracking assembly are configured to transmit one of two messages in an alternating manner for a set update period, and wherein a first message includes a device identification information, and a second message includes telemetry information associated with the traceable vial. Panzavolta on the other hand teaches the electronic components housed in the tracking assembly are configured to transmit one of two messages in an alternating manner for a set update period, and wherein a first message includes a device identification information, and a second message includes telemetry information associated with the traceable vial (Paragraphs 21, 44, 83), i.e.
the method also comprises the step of reading said identification by means of at least one first data acquisition unit upon movement of the single volume unit into a specific block. The identification is then enriched with a specific block identification and forms together with the identification representative of the specific volume unit a first block identification, which is then stored on a distributed ledger. In a particular embodiment, the identification generated in the first step above is the first entry in the distributed ledger and each first or subsequent clock identification adds a further entry in a chain of entries linked to that particular identification [P-21]
the identification representative of the specific volume comprises one or more pieces of information relating to any one of: the type of the liquid, the place of generation of the liquid, the place of individualization of the liquid, the time of generation of the identification, the time of generation of the liquid, the time of individualization of the liquid, the specific liquid amount and further information.[P-44]
the wirelessly readable communication unit can further comprise at least one sensor adapted at measuring environmental parameters. This embodiment can come equipped with an additional or memory adapted for storing any measurements of environmental parameters. Such environmental parameters can be for example any one or more of: temperature, pressure, humidity, acceleration, orientation and/or GPS data. MEMS can be incorporated for light, temperature, vibration, magnetism and/or chemical sensing. The wirelessly readable communication unit can be adapted at performing such a measurement at a specific interval and storing the results. With this embodiment, it becomes possible to have a track record of physical parameters during the whole lifecycle of the volume unit and thereby not only get full accountability of the genuineness of the volume unit in question but also on whether any external parameters from the selection above could have had an effect on the quality of the volume unit in question. [P-83]
Thereby, by teaching the identification being read/transmitted to the reader alongside a data of physical parameter(s), it would enable periodical updates of the vial fluid’s life cycle regarding its identification and its measured telemetry data. It would have been obvious to a person of ordinary skill in the art before the effective filing of the invention to combine Panzavolta’s teaching with Gitchell modifided’s teaching in order to effectively keep a track record of physical parameters during the whole lifecycle of the volume unit and thereby not only get full accountability of the genuineness of the volume unit in question but also on whether any external parameters from the selection above could have had an effect on the quality of the volume unit in question.
Furthermore, Gitchell modified fails to teach the assembly being configured to are configured to transmit one of two messages in an alternating manner for a set update period. Park on the other hand teaches an assembly configured to transmit one of two messages in an alternating manner for a set update period (Page 13, Paragraphs 1-3; Page 13, Last Paragraph- Page 14, Paragraph 2), i.e.
If the bit value of the prefix received from the RFID reader is the same as the bit value of the bit corresponding to the prefix among the identifiers assigned to the tag, the second message including the identifier in the set transmission section Transmitting to the RFID reader; By the time division multiple access method, the transmission section of the first message and the transmission section of the second message are alternately configured, The prefix is of two types obtained by combining a bit set to “0” and “1” with a bit value of a bit in which a collision has occurred for the first time from an upper bit and an upper bit in which no collision has occurred. Identifier transmission method. [Pg 13, P-1-3]
The tag is, set when the bit value of the prefix consisting of one or more bits included in the first message received from the RFID reader and the bit value of the bit corresponding to the prefix among the identifiers assigned to the tag are the same In the transmission section, a second message including the identifier is transmitted to the RFID reader. By the time division multiple access method, the transmission section of the first message and the transmission section of the second message are alternately configured, [Pg 13, Lst Pgrph- Pg 14, P-2]
Therefore, It would have been obvious to a person of ordinary skill in the art before the effective filing of the invention to combine Park’s teaching with Gitchell modified’s teaching in order to optimize by reduction of the number of times the identifier request message and the identifier response message are transmitted, and furthermore, the power consumption of the tag can be reduced by reducing the number of times the identifier request message and the identifier response message are transmitted.
In regards to claim 11, Gitchell modified via Panzavolta teaches the telemetry information associated with the traceable vial includes at least one of a temperature, or a battery voltage (Paragraph 83, Panzavolta), i.e.
the wirelessly readable communication unit can further comprise at least one sensor adapted at measuring environmental parameters. This embodiment can come equipped with an additional or memory adapted for storing any measurements of environmental parameters. Such environmental parameters can be for example any one or more of: temperature, pressure, humidity, acceleration, orientation and/or GPS data. MEMS can be incorporated for light, temperature, vibration, magnetism and/or chemical sensing. The wirelessly readable communication unit can be adapted at performing such a measurement at a specific interval and storing the results. [P-83]
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gitchell et al. (US 20200357509 A1) in view of Dodgson (US 20120029832 A1), Sanat Pai Raikar, “Radio Frequency Identification”,Encyclopedia Britannica, Encyclopedia Britannica Inc. and Namineni et al. (US 20090192648 A1), applied in claim 1 above, in further view of Lilly et al. (US 10033197 B2).
In regards to claim 12, Gitchell modified fails to teach the tracking assembly is configured to deactivate upon receiving deactivation instructions from an administrator computing device or an end user computing device. Lilly teaches the tracking assembly is configured to deactivate upon receiving deactivation instructions from an administrator computing device or an end user computing device (Column 62, lines 55-58),i.e.
The tag 402 may stop transmitting by being deactivated in response to a deactivation command, by failure of the tag circuitry 414, by becoming physically damaged, etc. As such, tags 402 carried by an aircraft may be tracked provided a receiver can detect the reply signals from the tags 402. [Col 62, ln 55-58]
Thereby the receiver is able to track the deactivation by the computing commands transmitted to the tag of the tracked device by a computing device. It would have been obvious to a person of ordinary skill in the art before the effective filing of the invention to combine Lilly’s teaching with Gitchell’s teaching in order to effectively deactivate the tag on a tracked object like a vial such as when the fluid within the vial has expired or tracking is no longer required.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gitchell et al. (US 20200357509 A1) in view of Dodgson (US 20120029832 A1), Sanat Pai Raikar, “Radio Frequency Identification”,Encyclopedia Britannica, Encyclopedia Britannica Inc. and Namineni et al. (US 20090192648 A1), applied in claim 1 above, in further view of Dinka et al. (WO 2020028520 A1)
In regards to claim 13, Gitchell modified fails to teach the vial is composed of medical grade glass. Dinka on the other hand teaches a tracked vial composed of medical grade glass (Paragraph 51), i.e.
the medical container is a syringe 52". However, any type of conventional container that holds or receives a medicament (not shown) can be used. The medical container 52 can be made from glass, polymeric material, or the like.[P-51]
It would have been obvious to a person of ordinary skill in the art before the effective filing of the invention to combine Dinka’s teaching with Gitchell modified’s teaching in order to enable the vial to efficiently be able to handle conditions within a medical lab accordingly.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gitchell et al. (US 20200357509 A1) in view of Dodgson (US 20120029832 A1), Sanat Pai Raikar, “Radio Frequency Identification”,Encyclopedia Britannica, Encyclopedia Britannica Inc. and Namineni et al. (US 20090192648 A1) applied in claim 14 above, in further view of in view Bulawski et al (US 20210103938 A1)
In regards to claim 16, Gitchell fails to teach the mobile user device transmits a second signal to an administrator computing device, wherein the second signal includes location information identifying a location of the mobile user device when the signal was received from the traceable vial. Bulawski on the other hand teaches the mobile user device ((102b) (105))transmits a second signal to an administrator computing device (106a), wherein the second signal includes location information identifying a location of the mobile user device when the signal was received from the traceable vial (Paragraphs 31, 69; Figure 1B), i.e.
the system may include a client computing device 102a and a client computing device 102b. The client computing device 102a may, for example, include an application 109 and be in communication with an external NFC reader 105. The client computing device 102b may, for example, include both an application 109 and an internal NFC reader 105.[P-31]
the method 300 includes providing, by the first computing device, to the second computing device, the indication that the NFC tag is not stored in the blockchain (308). The computing device 106a may direct a modification to a user interface of the application 109 to provide the user of the client computing device 102 additional information associated with the NFC tag. The information may include an indication that the NFC tag 107 is empty; that is, that no product is linked with the NFC tag 107 (in some such embodiments, the system 100 provides the user with functionality for linking a new product with an empty tag 107). The information may include an indication that the NFC tag 107 is an invalid tag; that is, the tag may have been decommissioned or tampered with. The information may include an indication that the NFC tag 107 is a tag that is not part of the system 100.[P-69]
When combined with Gitchell’s teaching of determining the location of the medication vial based on the location of the reader device reading its respective label(Paragraph 106, Gitchell), i.e.
the label reading station 102 in the operating room 1 reads RFID tags associated with various medicinal containers, the information processing system 108 can associate the various medicinal containers with the Abigail Jones and with the medical care provider [P-106]
Then, the location information may then be further transmitted to the client computing device for further analysis and updated storage/logging. It would have been obvious to a person of ordinary skill in the art before the effective filing of the invention to combine Bulawski’s teaching with Gitchell’s teaching in order to enable the effective transmitting of tracking information via a network to a remote server device for further effective analysis and storage.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gitchell et al. (US 20200357509 A1) in view of Dodgson (US 20120029832 A1), Sanat Pai Raikar, “Radio Frequency Identification”,Encyclopedia Britannica, Encyclopedia Britannica Inc. and Namineni et al. (US 20090192648 A1) applied in claim 14 above, in further view of in view Morris (US 20160358062 A1)
In regards to claim 18, Gitchell modified fails to teach the temperature sensor, the antenna, and the battery are housed in a vial base compartment of the tracking assembly, and wherein the vial base compartment is covered by the vial when the tracking assembly is fitted around the lower base portion of the vial
Morris on the other hand teaches the temperature sensor, the antenna, and the battery are housed in a vial base compartment of the tracking assembly, and wherein the vial base compartment is covered by the vial when the tracking assembly is fitted around the lower base portion of the vial. (Paragraphs 16, 19, 27)
Accordingly, the present invention aims to solve the above problems by providing, according to a first aspect, an RFID tag for location inside a tubular base portion of a freestanding cryogenic vial, the RFID tag comprising: an RFID chip; an antenna connected to the chip; a support medium configured to support the chip and connected antenna; and a plug at least partially surrounding the chip, antenna and support medium, the plug being shaped to engage the tubular base portion of the vial.[P-16]
The support medium of the RFID tag preferably encapsulates the chip and antenna. A preferable method of fabrication includes bonding the RFID chip to an antenna and then subsequently encapsulating the connected chip and antenna with the support medium. The resulting encapsulated connection is strong and reduces the likelihood of a connection failure (and therefore failure of the RFID tag), particularly at cryogenic temperatures.[P-19]
Preferably, the plug of the RFID tag comprises a cylindrical wall extending from a circular base. In this way, the RFID chip, antenna and support medium may be located on the circular base so that the RFID chip, antenna and support medium are partially surrounded by the cylindrical wall of the plug.[P-27]
It would have been obvious under one of ordinary skill in the art to combine Morris’ teaching with Gitchell modified’s teaching in order to have a cost effective way of housing the tracking component of the vial/medical device to enable are more optimized functionality.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gitchell et al. (US 20200357509 A1) in view of Dodgson (US 20120029832 A1), Sanat Pai Raikar, “Radio Frequency Identification”,Encyclopedia Britannica, Encyclopedia Britannica Inc. and Namineni et al. (US 20090192648 A1) applied in claim 14 above, in further view of in view Phillips et al (EP 3433799 B1)
In regards to claim 19, Gitchell modified fails to teach the receiver the receiver is housed in a computing device, and wherein the computing device is configured to receive status information data from a plurality of traceable vials devices and to store received status information data in association with one or more vial parameters and to group status information data by one or more common vial parameters.
Phillips on the other hand teaches the receiver the receiver is housed in a computing device, and wherein the computing device is configured to receive status information data from a plurality of traceable vials devices and to store received status information data in association with one or more vial parameters and to group status information data by one or more common vial parameters (Paragraphs 15, 16).
As shown in FIG. 1, an RFID system 100 can include an RFID device 102 and a host computer 104. The RFID device 102 can include a housing 103 with a receptacle 106. The receptacle 106 can be designed (e.g., configured) to receive one or more vials 130. In FIG. 1, the vial 130 can be other types of containers, such as flasks. The RFID device 102 can associate the vial 130 with an identifier. The RFID device 102 can communicate the identifier of the vial 130 to the host computer 104. The communication can be wireless, wired, or some combination thereof. The host computer 104 can associate the vial 130 and/or its identifier with a database 140. The database 140 can be part of or attached to the host computer 104 or can be remotely located relative to the host computer 104. For example, the database 140 can be communicatively coupled to the host computer 104 through one or more networks (e.g., cellular networks, communication networks, local area networks, the Internet, Ethernet, etc.). In some embodiments, the database 140 can be a part of a remote server, a storage cloud, a storage area network (SAN), etc. In some embodiments, the database 140 can be a "cloud" on its own. In some embodiments, the database 140 can be a database abstracted away into application programming interface (API) calls (e.g., in a cloud RFID platform such as Jetstream® Cloud RFID Platform).[P-15]
Serialized tracking information, which is available through the use of RFID technology, can be stored and organized within a database in accordance with a logical data model. The logical data model can include, for example, a plurality of entities and relationships defining the manner in which serialized vial tracking information is stored and organized within the database. In some embodiments, the vial 130 can be identified along with the contents inside the vial and can be identified with respect to other vials such as having the same contents, coming from the same lot, and/or being in the same box or kit[P-16]
It would be obvious to one of ordinary skill in the art to combine Phillips teaching with Gitchell modified’s teaching in order to enable the effective tracking of vial inventory.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gitchell et al. (US 20200357509 A1) in view of Dodgson (US 20120029832 A1), Sanat Pai Raikar, “Radio Frequency Identification”,Encyclopedia Britannica, Encyclopedia Britannica Inc. and Namineni et al. (US 20090192648 A1) applied in claim 1 above, in further view of in view Skraaksrud et al (US 20150154370 A1)
In regards to claim 21, Gitchell modified fails to teach the antenna is a NB-IOT antenna and the tracking assembly further comprises a Wi-Fi antenna, wherein the Wi-Fi antenna is configured to detect the presence of a local Wi-Fi signal and to capture an identifier of the Wi-Fi signal, and wherein the NB-IoT antenna is configured to transmit the identifier for the Wi-Fi signal to a base transceiver station for determining a location of the vial
Skraaksrud on the other hand teaches the antenna is a NB-IOT antenna and the tracking assembly further comprises a Wi-Fi antenna, wherein the Wi-Fi antenna is configured to detect the presence of a local Wi-Fi signal and to capture an identifier of the Wi-Fi signal, and wherein the NB-IoT antenna is configured to transmit the identifier for the Wi-Fi signal to a base transceiver station for determining a location of the vial (Paragraphs 133, 137, 485, 489, 996)
FIG. 1 illustrates a basic diagram of an exemplary wireless node network in accordance with an embodiment of the invention. The exemplary network shown in FIG. 1 comprises a server 100 connected to a network 105, which is also operatively connected to different network components, such as a master node 110a and indirectly to an ID node 120a through master node 110a. Master node 110a is typically connected to an ID node 120a via short-range wireless communications (e.g., Bluetooth.RTM. formatted communications). Master node 110a is typically connected to server 100 through network 105 via longer-range wireless communication (e.g., cellular) and/or medium range wireless communication (e.g., wireless local area data networks or Wi-Fi). ID node 120a is typically a low cost device that may be easily placed into a package, be integrated as part of packaging, or otherwise associated with an item to be tracked and located, such as package 130, a person, or object (e.g., vehicle, etc.). Generally, an ID node is capable of communicating directly with a master node but incapable of communicating directly with the server, while a master node is capable of communicating directly with the server and separately and directly communicating with other nodes (such as an ID node or another master node). The ability to deploy a hierarchy of nodes within an exemplary wireless node network to distribute tasks and functions at the different levels in an efficient and economical manner helps to facilitate a wide variety of adaptive locating, tracking, managing, and reporting applications using such a network of nodes as discussed in more detail below.[P-133]
Master node 110a and ID node 120a are types of nodes. A node is generally an apparatus or device used to perform one or more tasks as part of a network of components. An embodiment of a node may have a unique identifier, such as a Media Access Control (MAC) address or an address assigned to a hardware radio like an Internet Protocol 6 (IPv6) identifier. In some embodiments, the node's unique identifier may be correlated to a shipment identifier (e.g., a shipment tracking number in one example), or may itself be a shipment's tracking reference.[P-137]
In more detail, an exemplary network device apparatus for determining a location of a first node in a wireless node network based on context data, the exemplary network device may include a processing unit, a volatile memory coupled to the processing unit, and a memory storage coupled to the processing unit. The exemplary network device further includes a communication interface coupled to the processing unit and that provides a communication path operatively coupling the network device with the first node in the network.[P-485]
In a further embodiment, the network device may be a mobile master node that includes location circuitry (such as GPS circuitry 475 of exemplary master node 110a shown in FIG. 4). In this embodiment, the processing of the network device may be further operative to determine a location of the network device based upon an output signal from the location circuitry received by the processing unit, and determine the location of the first node based upon the adjusted communication distance and the location of the network device. As such, the first type of the context data related to the proximate environment of the first node is based upon the determined location of the first node.[P-489]
FIG. 96 is a diagram illustrating such an exemplary hierarchical wireless node network in accordance with an embodiment of the invention. Referring now to FIG. 96, exemplary hierarchical wireless node network 9600 is illustrated having three different levels of network devices. Generally, a first level includes ID nodes (more basic and less costly network node devices), a next level up includes master nodes (more sophisticated with the ability to self-locate using dedicated positioning or location circuitry onboard the node), and then a top level that includes a more sophisticated server. Normally, devices in each level can communicate with those devices in the next level above or below in the hierarchy. However, when an ID node is adapted to operate in a pseudo master node mode by having the ability to also communicate with a server, it effectively bypasses the need to have a master node in an intermediary role and, at times, can provide more efficient communication back to the server.[P-996]
Skraaksrud illustrates the wireless communication of a medical node/device within an network of nodes and master nodes/devices, where the nodes are in communication/paired based of their IDs, Thereafter, their location(s) and communicative data is then communicated by the master node(s) to a network server using different network protocol. This method is synonymous to the applicant’s NB-IOT antenna and the tracking assembly further comprises a Wi-Fi antenna, wherein the Wi-Fi antenna is configured to detect the presence of a local Wi-Fi signal and to capture an identifier of the Wi-Fi signal, and wherein the NB-IoT antenna is configured to transmit the identifier for the Wi-Fi signal to a base transceiver station for determining a location of the vial. In Skraaksrud’s case, the master node integrates both network antenna (Wi-Fi, NB-IoT).
Thereby it would have been obvious to one of ordinary skill in the art to combine Skraaksrud’s teaching with Gitchell modified’s teaching, enabling an effective inexpensive communication protocol for the optimization of the location tracking of the vial/medical device(s).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gitchell et al. (US 20200357509 A1) in view of Dodgson (US 20120029832 A1), Sanat Pai Raikar, “Radio Frequency Identification”,Encyclopedia Britannica, Encyclopedia Britannica Inc. and Namineni et al. (US 20090192648 A1) applied in claim 1 above, in further view of in view Lee et al (US 20170288475 A1)
In regards to claim 22, Gitchell modified fails to teach the electronic components housed in the tracking assembly are configured to transmit signals at a frequency that varies based on a sensed movement of the vial.
Lee on the other hand teaches the electronic components housed in the tracking assembly are configured to transmit signals at a frequency that varies based on a sensed movement of the vial (Paragraph 137, 141).
In operation 1830, the wireless power transmitting device 401 may detect a move of the electronic device 450 during the detection period. For example, the wireless power transmitting device 401 may detect the presence of a difference between the reference information and the characteristic of the reflected signal of the pilot signal for the fifth direction during the detection period. Additionally, the wireless power transmitting device 401 may detect the absence of a difference between the existing reference information and the characteristic of the reflected signal of the pilot signal for the fourth direction. Accordingly, the wireless power transmitting device 401 may determine that the electronic device 450 moves in the fifth direction. According to an embodiment of the present disclosure, the wireless power transmitting device 401 may determine the move of the electronic device 450 using move information directly received from the electronic device 450. According to an embodiment of the present disclosure, the wireless power transmitting device 401 may determine the move of the electronic device 450 based on the direction of reception of a communication signal received from the electronic device 450. The wireless power transmitting device 401 may also determine the move of the electronic device 450 using various positioning methods, such as time difference of arrival (TDOA) or frequency difference of arrival (FDOA).[P-137]
[0141] As set forth above, the wireless power transmitting device 401 may perform wireless charging while tracking movement of the electronic device 450.[P-141]
Here, Lee uses varying frequencies of a mobile device being tracked to determine the devices location using mTDOA or FDOA protocol. Thereby it would have been obvious to one of ordinary skill in the art to combine Lee’s teaching with Gitchell modified’s teaching, integrating Lee’s communication method to further optimize the location tracking of the vial/medical device(s).
Response to Arguments
The applicant has amended the independent claims, to which the examiner has addressed under new grounds of rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D AFRIFA-KYEI whose telephone number is (571)270-7826. The examiner can normally be reached Monday-Friday 10am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN ZIMMERMAN can be reached at 571-272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY D AFRIFA-KYEI/Examiner, Art Unit 2686
/BRIAN A ZIMMERMAN/Supervisory Patent Examiner, Art Unit 2686