DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-22 are pending.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.131(c). A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional, the reply must be complete. MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/ patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the grounds of non-statutory double patenting of claims 1, 7 in US Patent Num US 11392101 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the cited instant application claims are anticipated by the cited claims of U.S. Patent Num US 11392101 B2. The differences between the conflicting claims are minor and do not distinguish the overall appearance of one over the other. These differences include; environmental characteristic vs temperature.
Instant Application 18377262
US Patent US11392101B2
Claim 1
A dispensing device, comprising:
a plurality of compartments, each for storing one or more medicines;
a sensor configured to sense an environmental characteristic of at least one compartment of the plurality of compartments;
one or more processors configured to:
receive a request to access a respective compartment of the plurality of compartments;
identify one or more medications stored in the respective compartment;
determine, responsive to receiving the request to access the respective compartment and identifying the one or more medications, an environmental characteristic of the respective compartment using the sensor of the respective compartment;
determine whether the determined environmental characteristic of the respective compartment is within the safe environmental range specific to the identified one or more medications; and
cause an alert to be displayed when the determined environmental characteristic of the respective compartment is outside of the safe environmental range specific to the identified one or more medications.
Claim 1
A dispensing device, comprising:
a plurality of compartments located in the dispensing device, each for storing one or more medicines, wherein
each of the plurality of compartments is individually lockable and comprises a respective temperature sensor;
a lockable door for controlling access to the plurality of compartments;
a refrigeration unit for regulating an ambient temperature provided to the plurality of compartments; and
a processor configured to:
authorize a user seeking to access at least one of the plurality of compartments;
unlock the lockable door responsive to authorizing the user;
receive, from a user interface of a medication dispensing console, a request to access a selected compartment of the plurality of compartments;
identify, responsive to receiving the request to access the selected compartment of the plurality of compartments, one or more medications in the selected compartment;
determine, responsive to receiving the request to access the selected compartment and identifying the one or more medications in the selected compartment, a safe temperature range specific to the identified one or more medications stored in the selected compartment;
determine, responsive to receiving the request to access the selected compartment and identifying the one or more medications, using the respective temperature sensor of the selected compartment, a temperature of the selected compartment;
determine, responsive to the received request to access the selected compartment, whether the determined temperature of the selected compartment is within the safe temperature range of the identified one or more medications; and
prevent access to the selected compartment, while the lockable door is unlocked, based on the respective temperature sensor of the selected compartment measures a temperature outside of the safe temperature range of the identified one or more medications, and providing access to the selected compartment by unlocking the selected compartment when the respective temperature sensor of the selected compartment measures a temperature within the safe temperature range.
Claim 7
The dispensing device of claim 1, wherein the processor is further configured to:
report at least one of an access state and the condition of the selected compartment to the medication dispensing console to generate an alert or notification.
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of US Patent Num US 11392101 B2 in view of in view of Paradissis et al, US Patent Pub US 20140338378 A1 (hereinafter Paradissis). Claim 12 of US Patent Num US 11392101 B2 discloses a method for providing secure access to refrigerated bins, comprising: receiving, from a user interface of a medication dispensing console, a request to access a selected compartment of a plurality of compartments within a dispensing device, each compartment configured to store storing one or more medicines, wherein each of the plurality of compartments comprises a respective temperature sensor; identifying, one or more medications in the selected compartment; determining, responsive to receiving the request to access the selected compartment and identifying the one or more medications in the selected compartment, a safe temperature range specific to the identified one or more medications stored in the selected compartment; determining, responsive to receiving the request to access the selected compartment and identifying the one or more medications, using the respective temperature sensor of the selected compartment, a temperature of the selected compartment; determining, responsive to the request to access the selected compartment, whether the determined temperature of the selected compartment is within the safe temperature range of the identified one or more medications.
But Claim 12 of US Patent Num US 11392101 B2 fails to specify causing an alert to be displayed when the measured environmental characteristic of the respective compartment is outside of the safe environmental range specific to the identified one or more medications.
However, Paradissis teaches causing an alert to be displayed when the determined temperature of the respective compartment is outside of the safe temperature range of the identified one or more medications. (Paradissis, Para [0020] - - Causing an alarm/alert to be displayed visually when the determined temperature/”environmental range” of the respective storage unit/compartment is outside the predefined safe temperature range.)
US Patent Num US 11392101 B2 and Paradissis are analogous art because they are from the same field of endeavor. They relate to medical product storage systems.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the above medical product storage system, as taught by US Patent Num US 11392101 B2, and incorporating causing an alarm to be displayed visually when the determined temperature of the respective storage unit is outside the predefined safe temperature range, as taught by Paradissis.
One of ordinary skill in the art would have been motivated to do this modification in order to maintain the stability and potency of medications by causing an alarm to be displayed visually when the determined temperature of the respective storage unit is outside the predefined safe temperature range, as suggested by Paradissis (Para [0002]).
The remaining differences between the conflicting claims are minor and do not distinguish the overall appearance of one over the other. These differences include; environmental characteristic vs temperature.
Instant Application 18377262
US Patent US11392101B2
Claim 12
A method for securing a dispensing device, comprising, under control of one or more processors:
receiving a request to access to a respective compartment of a plurality of compartments in a dispensing device, each of the plurality of compartments associated with an environmental sensor;
identifying one or more medications stored in the respective compartment;
determining, responsive to receiving the request to access the respective compartment and identifying the one or more medications in the respective compartment, a safe environmental range specific to the identified one or more medications stored in the respective compartment;
measuring, responsive to receiving the request to access the respective compartment and identifying the one or more medications, an environmental characteristic of the respective compartment using the environmental sensor of the respective compartment;
determining whether the measured environmental characteristic of the respective compartment is within the safe environmental range specific to the identified one or more medications; and
causing an alert to be displayed when the measured environmental characteristic of the respective compartment is outside of the safe environmental range specific to the identified one or more medications.
Claim 12
A method for providing secure access to refrigerated bins, comprising:
receiving, from a user interface of a medication dispensing console, a request to access a selected compartment of a plurality of compartments within a dispensing device, each compartment configured to store storing one or more medicines, wherein each of the plurality of compartments is individually lockable and comprises a respective temperature sensor;
authorizing a user associated with the access command;
unlocking a lockable door of the dispensing device responsive to authorizing the user, the lockable door controlling access to the plurality of compartments;
identifying, responsive to receiving the request to access the selected compartment of the plurality of compartments, one or more medications in the selected compartment;
determining, responsive to receiving the request to access the selected compartment and identifying the one or more medications in the selected compartment, a safe temperature range specific to the identified one or more medications stored in the selected compartment;
determining, responsive to receiving the request to access the selected compartment and identifying the one or more medications, using the respective temperature sensor of the selected compartment, a temperature of the selected compartment;
determining, responsive to the request to access the selected compartment, whether the determined temperature of the selected compartment is within the safe temperature range of the identified one or more medications; and
preventing access to the selected compartment, while the lockable door is unlocked, based on the respective temperature sensor of the selected compartment measures a temperature outside of the safe temperature range of the identified one or more medications, and providing access to the selected compartment by unlocking the selected compartment when the respective temperature sensor of the selected compartment measures a temperature within the safe temperature range.
Claims 1 and 3-11 are rejected on the grounds of non-statutory double patenting of claims 1 and 3-11 in US Patent Num US 11789420 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the cited instant application claims are anticipated by the cited claims of U.S. Patent Nun US 11789420 B2. The differences between the conflicting claims are minor and do not distinguish the overall appearance of one over the other. These differences include; environmental characteristic vs temperature.
Instant Application 18377262
US Patent US 11789420B2
Claim 1
A dispensing device, comprising:
a plurality of compartments, each for storing one or more medicines;
a sensor configured to sense an environmental characteristic of at least one compartment of the plurality of compartments;
one or more processors configured to:
receive a request to access a respective compartment of the plurality of compartments;
identify one or more medications stored in the respective compartment;
determine, responsive to receiving the request to access the respective compartment and identifying the one or more medications, an environmental characteristic of the respective compartment using the sensor of the respective compartment;
determine whether the determined environmental characteristic of the respective compartment is within the safe environmental range specific to the identified one or more medications; and
cause an alert to be displayed when the determined environmental characteristic of the respective compartment is outside of the safe environmental range specific to the identified one or more medications.
Claim 1
A dispensing device, comprising:
a plurality of compartments, each for storing one or more medicines and
comprising a respective temperature sensor;
one or more processors configured to:
receive a request to access a respective compartment of the plurality of compartments;
identify one or more medications stored in the respective compartment;
determine, responsive to receiving the request to access the respective compartment and identifying the one or more medications in the respective compartment, a safe temperature range specific to the identified one or more medications stored in the respective compartment;
determine, responsive to receiving the request to access the respective compartment and identifying the one or more medications, a temperature of the respective compartment using the respective temperature sensor of the respective compartment;
determine whether the determined temperature of the respective compartment is within the safe temperature range of the identified one or more medications; and
causing an alert to be displayed when the determined temperature of the respective compartment is outside of the safe temperature range of the identified one or more medications.
Claims 12 and 14-22 are rejected on the grounds of non-statutory double patenting of claims 12 and 14-22 in US Patent Num US 11789420 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the cited instant application claims are anticipated by the cited claims of U.S. Patent Nun US 11789420 B2. The differences between the conflicting claims are minor and do not distinguish the overall appearance of one over the other. These differences include; environmental characteristic vs temperature.
Instant Application 18377262
US Patent US 11789420B2
Claim 12
A method for securing a dispensing device, comprising, under control of one or more processors:
receiving a request to access to a respective compartment of a plurality of compartments in a dispensing device, each of the plurality of compartments associated with an environmental sensor;
identifying one or more medications stored in the respective compartment;
determining, responsive to receiving the request to access the respective compartment and identifying the one or more medications in the respective compartment, a safe environmental range specific to the identified one or more medications stored in the respective compartment;
measuring, responsive to receiving the request to access the respective compartment and identifying the one or more medications, an environmental characteristic of the respective compartment using the environmental sensor of the respective compartment;
determining whether the measured environmental characteristic of the respective compartment is within the safe environmental range specific to the identified one or more medications; and
causing an alert to be displayed when the measured environmental characteristic of the respective compartment is outside of the safe environmental range specific to the identified one or more medications.
Claim 12
A method for securing a dispensing device, comprising, under the control of one or more processors:
receiving a request to access to a respective compartment of a plurality of compartments in a dispensing device, each of the plurality of compartments comprising a temperature sensor;
identifying one or more medications stored in the respective compartment;
determining, responsive to receiving the request to access the respective compartment and identifying the one or more medications in the respective compartment, a safe temperature range specific to the identified one or more medications stored in the respective compartment;
measuring, responsive to receiving the request to access the respective compartment and identifying the one or more medications, a temperature of the respective compartment using the temperature sensor of the respective compartment;
determining whether the measured temperature of the respective compartment is within the safe temperature range of the identified one or more medications; and
causing an alert to be displayed when the determined temperature of the respective compartment is outside of the safe temperature range of the identified one or more medications.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1 and 12 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 describes a single sensor initially in the limitation "a sensor configured to sense an environmental characteristic of at least one compartment of the plurality of compartments", but then describes "an environmental characteristic of the respective compartment using the sensor of the respective compartment" implying each compartment has its own sensor. The examiner is currently interpreting the claim as a plurality of compartments with each comprising a respective environmental sensor.
Claim 1 recites the limitation “the sensor of the respective compartment”. There is insufficient antecedent basis for this limitation in the claim.
Dependent claim 2-11 are rejected based on dependence on claim 1.
Claim 12 describes the limitation “each of the plurality of compartments associated with an environmental sensor”. It is unclear if the claim is directed towards a single sensor monitoring multiple compartments, as is initially in the limitation "each of the plurality of compartments associated with an environmental sensor", but then describes "an environmental characteristic of the respective compartment using the environmental sensor of the respective compartment" implying each compartment has its own sensor. The examiner is currently interpreting the claim as a plurality of compartments with each comprising a respective environmental sensor.
Dependent claim 13-22 are rejected based on dependence on claim 12.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The limitation listed in the claim, "identify the one or more medications stored in the respective compartment responsive to receiving the request to access the respective compartment" are previously listed in Claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 15 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The limitation listed in the claim, "identifying the one or more medications stored in the respective compartment responsive to receiving the request to access the respective compartment" are previously listed in Claim 12. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1 and 12 would be allowable if rewritten or amended to overcome the rejections(s) under 35 USC 101 Double Patenting and 35 U.S.C. 112(b), as set forth in this office action.
Dependent claim(s) 2-11 and 13-22 is/are allowable over art based on their dependence upon claims 1 and 12.
The following is a statement of reasons for the indication of allowable subject matter: Applicant’s claim defines over the prior art of record because the prior art of record, taken either alone or in combination, does not teach determining an environmental characteristic of a respective compartment using a sensor in the respective compartment and determining if the environmental characteristic of the respective compartment is within the safe environmental range specific to the identified medications.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Paradissis et al., US Patent Pub US 20160132662 A1 relates to claims regarding medicine storage systems including locking drawers, temperature monitoring, and refrigeration.
Manning et al, US Patent Num US 10823499 B2 relates to claims regarding medicine storage systems including locking doors, temperature monitoring, refrigeration, and alarming conditions.
Vahlberg, US Patent Pub US 20170109480 A1 relates to claims regarding medicine storage systems including locking doors, temperature monitoring, and refrigeration, and alarming conditions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E OGG whose telephone number is (469) 295-9163. The examiner can normally be reached on Mon - Thurs 7:30 am - 5:00 pm CT.
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/DAVID EARL OGG/
Primary Examiner, Art Unit 2119