DETAILED ACTION
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/31/2026 has been entered.
Claim Rejections - 35 USC § 102
2. 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.
3. Claim(s) 19 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) proximate a funnel inlet (near 208); 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) by at least one fin (104, 139) of a dispensing assembly (104, 139, 244) in the dispensing base responsive to the dispensing assembly (104, 139, 244) rotating relative to the funnel (208) (see Figs. 1A and 2B) (see Figs. 1-18).
Claim Rejections - 35 USC § 103
4. 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.
5. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arric in view of Arthur Soderholm (US 1,643,961 – hereinafter Soderholm).
Re Claim 20:
Arric discloses the device of claim 19, but fails to teach at least one strake that extends away from a lower surface of the flipper.
Soderholm teaches at least one strake (42) that extends away from a lower surface (as can be seen when pivoted) of the flipper (36) (see Fig. 2). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Arric with that of Soderholm to limit the travel of a flipper during a dispensing process.
Allowable Subject Matter
6. Claims 1-9 and 11-18 are allowed.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
8. 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at 571-272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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