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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/20/2023 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
1: Claim(s) 1-4 and 6-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPN 6,330,351 B1 Yasunaga.
2: As for Claim 1, Yasunaga depicts in Figures 1, 2 and 3A an imaging assisting apparatus (drug inspection device 1), comprising: a first member (surface (a) the drug bags rest on) in which a packaging bag containing a drug is placed (Column 3, Lines 14-25), and has a first surface disposed on a side opposite to a surface to be imaged of the packaging bag (Figure 3A depicts the surface of T has a side facing the camera 4 and an opposite side facing 7); a second member (viewed as the enclosure wall of 4 depicted in Figure 2 that is perpendicular to (S) and closest to roller 8) which extends from the first member toward a side opposite to the first surface where the packaging bag is placed (the wall extends away from the roller surface), and is configured to suppress incidence of environmental light on the packaging bag placed in the first member (the camera enclosure will prevent light from outside the drug inspection device from reaching the camera as depicted in Figure 1); and a third member (second enclosure side of camera system 4 closest to element 2 depicted in Figure 2) which extends from the first member toward the side opposite to the first surface where the packaging bag is placed (the wall extends away from the roller surface), and is disposed on a side opposite to the second member across the first member (the sidewalls of 4 both extend in parallel direction away from the roller surface as depicted in Figure 2).
3: As for Claim 2, Yasunaga depicts in Figures 1, 2 and 3A wherein the third member (second enclosure side of camera system 4 closest to element 2 depicted in Figure 2) has a leg part (the side walls of 4 support the camera structure 4) to be used in a case where the imaging assisting apparatus is installed, and the leg part (the side walls of 4 support the camera structure 4) is configured in such a manner that the imaging assisting apparatus may be installed in an attitude in which: a normal line of the first surface has a horizontal component (see Figure 3A); and a direction in which the second member (side wall of 4) extends has a component in a direction of the normal line.
4: As for Claim 3, Yasunaga depicts in Figures 1, 2 and 3A wherein the second member includes a side surface member extending in a direction perpendicular to a direction in which the second member extends. Yasunaga depicts the side walls of camera enclosure 4 contain a structure with multiple rectangular bodies having edges in perpendicular directions to each other.
5: As for Claim 4, Yasunaga depicts in Figures 1 wherein in the second member, an end of the side surface member is joined to an end of the third member in a direction perpendicular to a direction in which the third member extends. Yasunaga depicts the camera enclosure has a housing structure on all sides that are connected together).
6: As for Claim 6, Yasunaga depicts in Figures 1, 2 and 3A wherein the second member has a structure in which an angle formed between the second member and the first surface is more than 90 degrees. The examiner asserts that the claim is broad and does not specify the two surfaces or the two planes that intersect to form the claimed angle and therefore, any angle of any arbitrary degree can be formed between the second member and the first surface.
7: As for Claim 7, Yasunaga depicts in Figures 1, 2 and 3A wherein the third member has a structure in which an angle formed between the third member and the first surface is more than 90 degrees. The examiner asserts that the claim is broad and does not specify the two surfaces or the two planes that intersect to form the claimed angle and therefore, any angle of any arbitrary degree can be formed between the third member and the first surface.
8: As for Claim 8, Yasunaga depicts in Figures 1, 2 and 3A wherein the third member has a structure in which an angle formed between the third member and the first surface is 120 degrees or more. The examiner asserts that the claim is broad and does not specify the two surfaces or the two planes that intersect to form the claimed angle and therefore, any angle of any arbitrary degree can be formed between the third member and the first surface.
9: As for Claim 9, Yasunaga teaches on Column 3, Lines 32-41 and depicts in Figure 3A wherein the first member (surface (a) the drug bags rest on) includes a movement suppressing mechanism (rubber belts 8 press the drug bag into place) configured to suppress movement of the drug contained in the packaging bag (the friction holds the drug bag in place).
10: As for Claim 10, Yasunaga teaches on Column 3, Lines 32-41 and depicts in Figure 3A wherein the movement suppressing mechanism includes a pressing member (rubber belts 8 press the drug bag into place) configured to press the packaging bag toward the first surface.
11: As for Claim 11, Yasunaga teaches on Column 3, Lines 32-41 and depicts in Figure 3A wherein the pressing member (rubber belts 8 press the drug bag into place) is disposed on a first facing surface which faces the first surface (Surface a).
12: As for Claim 12, Yasunaga teaches on Column 3, Lines 32-41 and depicts in Figure 3A wherein the first facing surface has: a shape corresponding to a planar shape of the first surface (Surface a); and a through hole (openings that allow 8 to pass) formed at a position corresponding to the first surface, and the pressing member (8) is disposed around the through hole of the first facing surface.
13: As for Claim 13, Yasunaga teaches on Column 3, Lines 32-41 and depicts in Figure 3A wherein the pressing member (8) is made using an elastic member (Yasunaga teaches the belt is made out of rubber. Furthermore, rubber is well known to be an elastic material).
14: As for Claim 14, Yasunaga teaches on Column 3, Lines 32-41 and depicts in Figure 3A wherein the movement suppressing mechanism (8) includes a cushioning member (Yasunaga teaches the belt is made out of rubber. Furthermore, rubber is well known to be an elastic material and is therefore, viewed as a cushioning member) disposed at a position where the packaging bag (S) is pressed on the first surface by the pressing member (8).
15: As for Claim 15, Yasunaga depicts in Figure 3A wherein the first surface (S) has a plurality of protrusions (8). The examiner views the rubber belts 8 as the plurality of protrusions extending from the surface (S).
16: As for Claim 16, Yasunaga depicts in Figure 3B wherein the first surface (a) has a shape in which a center (the center is viewed as the region of (A) between belts (8) and including the belts (8) is convex (the belts protrude from surface a) with respect to an edge.
17: As for Claim 17, Yasunaga depicts in Figures 2 and 3A wherein the first surface has a plurality of convex parts (belts (8)) which respectively extend in a direction in which the packaging bag (S) is inserted into the first member (Figure 2 shows the belts extending between the two pulleys 7), and the plurality of convex parts (8) are arranged to be spaced apart from each other (depicted in Figure 3A), along a direction that is parallel to the first surface (a) and perpendicular to a direction in which the plurality of convex parts (8) extend.
18: As for Claim 18, Yasunaga depicts in Figures 1, 2 and 3A an imaging assisting method for assisting imaging of a drug using an imaging assisting apparatus, wherein the imaging assisting apparatus includes: an imaging assisting apparatus (drug inspection device 1), comprising: a first member (surface (a) the drug bags rest on) in which a packaging bag containing a drug is placed (Column 3, Lines 14-25), and has a first surface disposed on a side opposite to a surface to be imaged of the packaging bag (Figure 3A depicts the surface of T has a side facing the camera 4 and an opposite side facing 7); a second member (viewed as the enclosure wall of 4 depicted in Figure 2 that is perpendicular to (S) and closest to roller 8) which extends from the first member toward a side opposite to the first surface where the packaging bag is placed (the wall extends away from the roller surface), and is configured to suppress incidence of environmental light on the packaging bag placed in the first member (the camera enclosure will prevent light from outside the drug inspection device from reaching the camera as depicted in Figure 1); and a third member (second enclosure side of camera system 4 closest to element 2 depicted in Figure 2) which extends from the first member toward the side opposite to the first surface where the packaging bag is placed (the wall extends away from the roller surface), and is disposed on a side opposite to the second member across the first member (the sidewalls of 4 both extend in parallel direction away from the roller surface as depicted in Figure 2), the imaging assisting method comprising: placing the packaging bag containing the drug (S), in the first member (surface (a) the drug bags rest on) of the imaging assisting apparatus (1) installed in an attitude where the first surface is directed in a vertically upward direction (the surface is at an incline relative to the horizontal direction as depicted in Figure 1); fixing a position of the packaging bag (S) placed on the first surface (rollers 8 press and fix the bags in position to be imaged) (Column 3, Lines 19-41); and changing an attitude of the imaging assisting apparatus in which the packaging bag is fixed to the first surface, from the attitude where the first surface (roller surface drug bags (S) are placed on) is directed in the vertically upward direction, to an attitude where the first surface (roller surface drug bags (S) are placed on) is directed in a direction intersecting the vertically upward direction, to assist the imaging of the drug (Yasunaga depicts in Figures 5, 7 and 8 the angle of the surface the drug bags (S) makes with the horizontal direction is changed within device (1)).
19: As for Claim 19, Yasunaga depicts in Figures 1, 2 and 3A an imaging assisting method for assisting imaging of a drug using an imaging assisting apparatus (drug inspection device 1), wherein the imaging assisting apparatus (drug inspection device 1) includes: a first member (surface (a) the drug bags rest on) in which a packaging bag containing the drug is placed (Column 3, Lines 14-25), and has a first surface disposed on a side opposite to a surface to be imaged of the packaging bag Figure 3A depicts the surface of T has a side facing the camera 4 and an opposite side facing 7); a second member (viewed as the enclosure wall of 4 depicted in Figure 2 that is perpendicular to (S) and closest to roller 8) which extends from the first member toward a side opposite to the first surface where the packaging bag is placed (the wall extends away from the roller surface), and is configured to suppress incidence of environmental light on the packaging bag placed in the first member (the camera enclosure will prevent light from outside the drug inspection device from reaching the camera as depicted in Figure 1); and a third member (second enclosure side of camera system 4 closest to element 2 depicted in Figure 2) which extends from the first member toward a side opposite to the first surface where the packaging bag is placed (the wall extends away from the roller surface), and is disposed on a side opposite to the second member across the first member (the sidewalls of 4 both extend in parallel direction away from the roller surface as depicted in Figure 2), the imaging assisting method comprising: causing at least a part of the third member to function as a leg part (the side walls of 4 support the camera structure 4); and assisting the imaging of the drug, using the imaging assisting apparatus installed in an attitude where the first surface is directed in a direction intersecting a vertically upward direction (Figure 3A shows the surface the drug bag (S) rests on is arranged as an angle relative to the horizontal direction).
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M HANNETT whose telephone number is (571)272-7309. The examiner can normally be reached 8:00 AM-5:00 PM Monday thru Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Twyler Haskins can be reached at 571-272-7406 The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES M HANNETT/Primary Examiner, Art Unit 2639
JMH
October 2, 2025