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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Number 4,471,982 to Nielsen, Jr.
Nielsen, Jr. discloses a medication vial lock (141; as shown in figure 8) comprising: a pair of bases (143-1, 143-2) having a body, an upper surface, a lower surface, and a slot located on one side of the base, with each base including; a first upper extension arm (arm comprising 59-1) having a proximal end, a distal end, an upper surface, a lower surface, a clip extension (spring tongue element in figure 8; similar to that shown in figure 3, element 113) located on the distal end of the first upper extension arm which emanates outward from the lower surface, and a clip receptacle (hole that receives the clip extension, similar to that shown in figure 3) which extends from the lower surface inward into the first upper extension arm; a second upper extension arm (arm opposed from the first upper extension arm) having a proximal end, a distal end, an upper surface, and a lower surface; a first lower extension arm (arm opposed from the second lower extension arm) having a proximal end, a distal end, an upper surface, and a lower surface; a second lower extension arm (arm comprising 59-2) having a proximal end, a distal end, an upper surface, a lower surface, a clip extension (spring tongue element in figure 8; similar to that shown in figure 3, element 113) located on the distal end of the second lower extension arm which emanates outward from the upper surface, and a clip receptacle (hole that receives the clip extension, similar to that shown in figure 3) which extends from the upper surface inward into the second lower extension arm; a slot (open aperture formed between the respective bases) formed between the first lower extension arm and the second upper extension arm; a first side arm (flange surface surrounding the first upper extension) having a proximal end, a distal end, an upper surface, a lower surface, and an end surface; and a second side arm (flange surface surrounding the second lower extension) having a proximal end, a distal end, an upper surface, a lower surface, and an end surface; wherein a first base is secured to a second base by rotating the second base 180 degrees relative to the first base and pushing the pair of bases together forming a vial aperture within which a medicine vial can be secured (aligned for proper engagement amongst the respective bases, figure 8), as in claim 1.
Nielsen, Jr. also discloses an aperture formed between the first side arm, the second side arm, and the first upper extension arm, wherein one end of a tether is secured to the aperture while the opposite end of the tether is secured to a drug dispensing device/machine (as best shown in figure 8), as in claim 2, and the components of the medication vial lock are comprised of plastic, metal, ceramic, or a combination thereof (column 2, lines 26-40), as in claim 3, as well as the second upper extension arm further includes the lower surface forming a niche defined by a back wall and a pair of side walls, the niche being operationally associated with the first lower extension arm (extension arms similar to that shown in figure 3), as in claim 4, wherein: the first upper extension arm of the first base is operationally associated with the second lower extension arm of the second base; the first upper extension arm of the second base is operationally associated with the second lower extension arm of the first base; the second upper extension arm of the first base is operationally associated with the first lower extension arm of the second base; and the second upper extension arm of the second base is operationally associated with the first lower extension arm of the first base (association and engagements shown in figure 8), as in claim 5.
Nielsen, Jr. further discloses a method of securing a medicine vial comprising the steps of: a. providing a medication vial lock (141; as shown in figure 8) comprising: a pair of bases (143-1, 143-2) having a body, an upper surface, a lower surface, and a slot located on one side of the base, with each base including; a first upper extension arm (arm comprising 59-1) having a proximal end, a distal end, an upper surface, a lower surface, a clip extension (spring tongue element in figure 8; similar to that shown in figure 3, element 113) located on the distal end of the first upper extension arm which emanates outward from the lower surface, and a clip receptacle (hole that receives the clip extension, similar to that shown in figure 3) which extends from the lower surface inward into the first upper extension arm; a second upper extension arm (arm opposed from the first upper extension arm) having a proximal end, a distal end, an upper surface, and a lower surface; a first lower extension arm (arm opposed from the second lower extension arm) having a proximal end, a distal end, an upper surface, and a lower surface; a second lower extension arm (arm comprising 59-2) having a proximal end, a distal end, an upper surface, a lower surface, a clip extension (spring tongue element in figure 8; similar to that shown in figure 3, element 113) located on the distal end of the second lower extension arm which emanates outward from the upper surface, and a clip receptacle (hole that receives the clip extension, similar to that shown in figure 3) which extends from the upper surface inward into the second lower extension arm; a slot (open aperture formed between the respective bases) formed between the first lower extension arm and the second upper extension arm; a first side arm (flange surface surrounding the first upper extension) having a proximal end, a distal end, an upper surface, a lower surface, and an end surface; and a second side arm (flange surface surrounding the second lower extension) having a proximal end, a distal end, an upper surface, a lower surface, and an end surface; b. placing a medicine vial against the slot of the first base (with the featured slot); c. rotating the second base 180 degrees relative to the first base; d. pushing the pair of bases together forming a vial aperture within which a medicine vial can be secured (aligned for proper engagement amongst the respective bases, figure 8); e. providing a tether with a first end and a second end (positive engagement between the bases); f. securing the first end of the tether to the first aperture on the base (clip extension placed within the clip receptacle); and g. securing the second end of the tether within a drug dispensing device/machine (placed within desired location to secure contents within the slot), as in claim 6.
Nielsen, Jr. additionally discloses an aperture formed between the first side arm, the second side arm, and the first upper extension arm, wherein one end of a tether is secured to the aperture while the opposite end of the tether is secured to a drug dispensing device/machine (as best shown in figure 8), as in claim 7, and the components of the medication vial lock are comprised of plastic, metal, ceramic, or a combination thereof (column 2, lines 26-40), as in claim 8, as well as the second upper extension arm further includes the lower surface forming a niche defined by a back wall and a pair of side walls, the niche being operationally associated with the first lower extension arm (extension arms similar to that shown in figure 3), as in claim 9, wherein: the first upper extension arm of the first base is operationally associated with the second lower extension arm of the second base; the first upper extension arm of the second base is operationally associated with the second lower extension arm of the first base; the second upper extension arm of the first base is operationally associated with the first lower extension arm of the second base; and the second upper extension arm of the second base is operationally associated with the first lower extension arm of the first base (association and engagements shown in figure 8), as in claim 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to further show the state of the art with respect to matching anti-theft devices:
U.S. Patent Number 11,142,930 to Strassburger et al.; U.S. Patent Number 8,432,286 to Kolton et al.; U.S. Patent Number 6,837,373 to Huang; U.S. Patent Number 6,251,686 to Studer et al.; U.S. Patent Number 5,275,027 to Eklof et al.; U.S. Patent Application Publication Number 2017/0319436 to Sharpe et al.; U.S. Patent Application Publication Number 2010/0126238 to Mazzucchelli; U.S. Patent Application Publication Number 2010/0085191 to Kolton et al.; U.S. Patent Application Publication Number 2007/0062903 to Norman et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J BOSWELL whose telephone number is (571)272-7054. The examiner can normally be reached M-R: 9-4; F 9-12.
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/CHRISTOPHER J BOSWELL/ Primary Examiner, Art Unit 3675
CJB /cb/
January 12, 2026