DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot in view of the new ground(s) of rejections.
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 1-18 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 1 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: the flipper comprising an opening proximate the funnel inlet. Examiner notes that the described elements are essential because they define what the flipper is and how it operates in combination with the device. Without the described elements it is unclear as to what a flipper is, as it could be a metering flap or flap as described in Applicant’s specification. Examiner notes that Applicant clearly defines a flipper different from a metering flap or flap, thus, it is obvious that that the flipper has a unique role within the dispenser other than a metering flap. Therefore, the described elements of the flipper comprising an opening proximate the funnel inlet must be included in the claim as part of the flipper description.
Claim Rejections - 35 USC § 102
5. 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.
6. 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); 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 (244) as a dispensing assembly (139) in the dispensing base moves relative to the funnel (208) (see Figs. 1A and 2B) (see Figs. 1-18).
Claim Rejections - 35 USC § 103
7. 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.
8. 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
9. Claims 1-18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
11. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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