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 .
Election/Restrictions
Applicant’s election without traverse of Invention I claims 1-12 in the reply filed on 07/08/2026 is acknowledged.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “rejection channel, a prescription channel and a stock channel” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The present drawings only show two channels instead of the three claimed. Additionally the shoulder is not clearly shown in the drawings and claim which further define its features may need amended drawings.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Czarnek US 2012/0085775.
Czarnek discloses a medication sorting device, comprising:
(Re claim 1) “a medication entry configured to receive a plurality of medications” (8,83 figure 6). “a moving part configured to receive the plurality of medications from the medication entry at a first location and move the plurality of medications to a second location” (16-1,20-1 figure 7). “a motor configured to move the moving part” (22 figure 7). “a fixed part disposed adjacent the moving part and configured to interact with the plurality of medications, as the plurality of medications are moved to the second location, in order to generate a sequence of axially spaced apart medications” (26-1 figure 7).
(Re claim 2) “the medication entry is a funnel configured to place the plurality of medications at the first location” (8 figure 6).
(Re claim 3) “the moving part is a disk, and the first location is off center of the disk” (83, 16-1,20-1 figure 6,7).
(Re claim 4) “the fixed part is a spiral that revolves around the disk” (26-1 figure 7).
(Re claim 5) “the spiral revolves around the disk at least 360 degrees and radially extends away from a center of the disk at fixed or variable radius inches per degree” (26-1 figure 7).
(Re claim 6) “the spiral starts at the first location and ends at the second location” (26-1 figure 7).
(Re claim 7) “the spiral includes a shoulder portion that breaks clumps and/or axially orientates medications in the axially spaced apart medications” (S1-4).
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(Re claim 8) “the shoulder portion is proximate the second location” (S3).
(Re claim 9) “the shoulder portion extends radially in toward the center of the disk” (S1-4).
(Re claim 11) “a sorting mechanism to direct each medication in the sequence of axially spaced apart medications into at least one channel of a plurality of channels” (10,12,32 figure 7).
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) 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Czarnek in view of Archer US 5,638,657.
Czarnek discloses the system as rejected above.
(Re claim 10) Czarnek does not disclose a visual verification system at the second location to confirm a medication identity for each medication in the sequence of axially spaced apart medications.
Archer teaches a visual verification system at the second location to confirm a medication identity for each medication in the sequence of axially spaced apart medications (27,29,31,25 figure 2).
It would have been obvious to one skilled in the art to modify the system of Czarnek to include a visual verification system at the second location to confirm a medication identity for each medication in the sequence of axially spaced apart medications because it helps ensure only the correct and intact medications are dispensed for the prescription.
(Re claim 12) Czarnek discloses that the plurality of channels includes a prescription channel, and a stock channel” (10,12 figure 6).
Czarnek does not disclose a rejection channel.
Archer teaches a rejection channel (39 figure 8).
It would have been obvious to one skilled in the art to modify the system of Czarnek to include a rejection channel because it allows for broken or incorrect medications to be removed from the dispensing system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 8,827,112 discloses adjustable shoulder mechanism which guarantees only a single pill of the correct size can pass through to the pill exit. US 8,386,073 discloses a pill dispenser with three channels.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R WAGGONER whose telephone number is (571)272-8204. The examiner can normally be reached Mon-Thurs 5am-330pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Scott can be reached at 571-270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TIMOTHY R. WAGGONER
Primary Examiner
Art Unit 3655 B
/TIMOTHY R WAGGONER/ Primary Examiner, Art Unit 3655
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