DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group I: Species III and Group II: Species II in the reply filed on 10/13/2025 is acknowledged.
Claim Rejections - 35 USC § 112
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.
Claims 6, 7, and 18 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 6, 7, and 18 recite “wherein the at least one arm comprises at least a second arm extending away from the long axis of the at least one fin.” It is unclear as to what is being claimed. Claim 18 appears to claim that one fin has two arms extending away from the fin’s long axis. Such is not supported by the specification or drawings which describes multiple fins having multiple arms which extend away from their corresponding long axis of their individual fins.
Claim Rejections - 35 USC § 102
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) 1-3, 8, 10, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suhjun Park (US 2020/0022875 A1 – hereinafter Park).
Re Claim 1:
Park discloses a modular dispenser, comprising: a cartridge (116) configured to hold a plurality of pills, the cartridge (116) comprising an opening (at 170) through which at least one pill is configured to pass under an influence of gravity and a perimeter that extends around the opening (see Fig. 2); a dispensing base (100, 120, 123) configured to removably receive the cartridge (116) (see Fig. 3), the dispensing base (100, 120, 123) comprising a funnel (183) with a funnel inlet (near 188) proximate the opening (at 170) of the cartridge (116) and a funnel outlet (near 121) spaced apart from the funnel inlet (near 188); and a dispensing assembly (123) rotatably coupled to the dispensing base (100, 120, 123), the dispensing assembly (123) comprising: an arc surface (123a, 147) coupled to and spaced radially apart from a hub (125) about which the dispensing assembly (123) rotates, wherein the arc surface (123a, 147) comprises at least one fin (at 140) extending radially away from the arc surface (123a, 147), wherein the at least one fin (at 140) comprises a long axis (vertical extension extending away from arc surfaces) and at least one arm (127) extending laterally away from the long axis (vertical extension) of the at least one fin (at 140); and, at least one catch (123, 123b, 124) configured to receive the at least one pill when the at least one catch (123, 123b, 124) is proximate the funnel outlet (near 121) and to rotate the at least one catch (123, 123b, 124) away from the funnel outlet (near 121) to a position from which the at least one pill is retrievable by a user (see Figs. 1-57).
Re Claim 2:
Park discloses wherein the dispensing assembly (123) is configured to rotate in a plane perpendicular to a width of the dispensing base (100, 120, 123) (see Figs. 3-9).
Re Claim 3:
Park discloses wherein the at least one fin (at 140 – see Fig. 3) extends through a slot in a well (near 127a – recessed area) of the funnel (183).
Re Claim 8:
Park discloses wherein the at least one arm (127) extends in a direction parallel to a chord (width) of the at least one fin (at 140) (see Fig. 3).
Re Claim 10:
Park discloses wherein a funnel (at 190) comprises at least one flipper (160) movably retained within the funnel (at 190) (see Fig. 24).
Re Claim 17:
Park discloses a dispensing assembly (123) for use with a dispensing base (100, 120, 123) configured to dispense at least one pill under an influence of gravity, the dispensing assembly (123), comprising: an arc surface (123a, 147) coupled to and spaced radially apart from a hub (125) about which the dispensing assembly (123) rotates, wherein the arc surface (123a, 147) comprises at least one fin (at 140) extending radially away from the arc surface (123a, 147) (see vertical extension extending away from arc surfaces), wherein the at least one fin (at 140) comprises a long axis (vertical extension) and at least one arm (127) extending laterally away from the long axis (vertical extension) of the at least one fin (at 140); and, at least one catch (123, 123b, 124) configured to receive the at least one pill (see Figs. 2-9) (see Figs. 1-57).
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by James Arric (US 2019/0326006 A1 – hereinafter Arric).
Re Claim 19:
Arric discloses a flipper (241) for use with a funnel (208) in a dispensing base configured to dispense at least one pill under an influence of gravity, the flipper (241) comprising: an opening (243); and a chute (138) that extends away from a lower surface of the flipper (241) and the opening (243), wherein the flipper (241) is configured to be: movably retained within the funnel (see Fig. 1A); and agitated (rotation would cause flipper/pills to move) as a dispensing assembly (139) in the dispensing base moves relative to the funnel (208) (see Figs. 1A and 2B) (see Figs. 1-18).
Re Claim 20:
Arric discloses wherein the flipper (241) comprises at least one strake (244) that extends away from a lower surface of the flipper (241) (see Fig. 2A).
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) 4-6 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Carl A. Witt (2,207,528 – hereinafter Witt).
Re Claims 4-6:
Park discloses the device of claim 1, but fails to teach wherein the at least one fin comprises a plurality of fins, wherein each fin of the plurality of fins is spaced laterally apart from each other, and wherein the at least one arm comprises at least a second arm extending away from the long axis of the at least one fin.
Witt teaches wherein the at least one fin comprises a plurality of fins (22, 23). Re Claim 5: Witt teaches wherein each fin of the plurality of fins (22, 23) is spaced laterally apart from each other. Re Claim 6: Witt teaches wherein the at least one arm (notched section near 25) comprises at least a second arm (duplicated for fin sections 22 and 23) extending away from a long axis of the at least one fin (22, 23) (see Figs. 3-5). Therefore, it would have been obvious, before the effective filing date of the invention, to have been motivated to combine the teachings Park with that of Witt to allow for holding objects of an elongated variety.
Re Claim 18:
Park discloses the device of claim 17, but fails to teach wherein the at least one arm comprises at least a second arm extending away from the long axis of the at least one fin.
Witt teaches wherein at least one arm (notched section near 25) comprises at least a second arm (duplicated for fin sections 22 and 23) extending away from a long axis of the at least one fin (22, 23) (see Figs. 3-5). Therefore, it would have been obvious, before the effective filing date of the invention, to have been motivated to combine the teachings Park with that of Witt to allow for holding objects of an elongated variety.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Akdogan et al. (US 10,160,588 B2 – hereinafter Akdogan).
Re Claim 9:
Park discloses the device of claim 1, but fasil to teach wherein the at least one arm comprises at least one arm end with a slope.
Akdogan teaches wherein at least one arm (at 706) comprises at least one arm end with a slope (see sloped triangular shape) (see Figs. 7A-7B). Therefore, it would have been obvious, before the effective filing date of the invention, to have been motivated to combine the teachings Park with that of Akdogan to allow for guiding product.
Allowable Subject Matter
Claims 11-16 are 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN L RANDALL, JR. whose telephone number is (571)270-5373. The examiner can normally be reached M-F: 9:00 am-5 pm est.
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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651