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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7,14-18 and 20 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Terzini (US 8,392,020).
Regarding to claim 1. Terzini discloses a pharmaceutical counter (200; Figure 1) for dispensing precise quantities of pharmaceuticals (pills, p), the pharmaceutical counter (200) comprising:
a holder (260; Figure 1) defining a first interior (interior of 260) sized to hold a first plurality of pharmaceuticals;
a hopper (230) defining a second interior (232) sized to hold a second plurality of pharmaceuticals (pills, P); and
a counting mechanism (270) configured to count precise quantities of pharmaceuticals (count pill to dispense), the counting mechanism (270) arranged to receive pharmaceuticals of the first plurality of pharmaceuticals held by the holder (pills P stored in holder 260) and to receive pharmaceuticals of the second plurality of pharmaceuticals held by the hopper (pills P stored in hopper 230).
Regarding to claim 2. Terzini discloses a pharmaceutical counter (200; Figure 1) for dispensing precise quantities of pharmaceuticals (pills, p),
further comprising a feed mechanism (240; Figure 1) arranged to convey said pharmaceuticals of the second plurality of pharmaceuticals held by the hopper (pills P stored in hopper 230) toward the counting mechanism (270).
Regarding to claim 3. Terzini discloses a pharmaceutical counter (200; Figure 1) for dispensing precise quantities of pharmaceuticals (pills, p),
wherein the feed mechanism (240; Figure 1) is arranged to convey said pharmaceuticals of the second plurality of pharmaceuticals (pills P stored in hopper 230) in a generally forward direction (forward direction towards the counting mechanism 270) or a generally lateral direction (Applicant recites the limitations “or” thus, only one of the two cited conditions is required to be met therefore, the limitations “a generally forward direction” are considered in the claim).
Regarding to claim 4. Terzini discloses a pharmaceutical counter (200; Figure 1) for dispensing precise quantities of pharmaceuticals (pills, p),
wherein the feed mechanism (240; Figure 1) is a second feed mechanism (240), the pharmaceutical counter (200; Figure 1) further comprising a first feed mechanism (263) arranged to convey said pharmaceuticals of the first plurality of pharmaceuticals held by the holder (pills P stored in holder 260) toward the counting mechanism (270).
Regarding to claim 5. Terzini discloses a pharmaceutical counter (200; Figure 1) for dispensing precise quantities of pharmaceuticals (pills, p),
wherein the first feed mechanism (263) is arranged to convey said pharmaceuticals of the first plurality of pharmaceuticals in a first direction (see upward direction of the movement of member 263; Figure 1), and the second feed mechanism (240) is arranged to convey said pharmaceuticals of the second plurality of pharmaceuticals in a second direction (downward direction from 232), the first and second directions being different from one another (opposite upward direction and downward direction).
Regarding to claim 6. Terzini discloses a pharmaceutical counter (200; Figure 1) for dispensing precise quantities of pharmaceuticals (pills, p),
wherein the first (see upward direction of the movement of member 263; Figure 1) and second directions (downward direction from 232) are generally opposite one another.
Regarding to claim 7. Terzini discloses a pharmaceutical counter (200; Figure 1) for dispensing precise quantities of pharmaceuticals (pills, p),
wherein the first direction is a generally rearward direction (see upward direction of the movement of member 263; Figure 1; is in the rearward direction with respect to the dispensing outlet of the apparatus) and the second direction is a generally forward direction (downward direction from 232; is in the forward direction with respect to the dispensing outlet of the apparatus) or a generally lateral direction
(Applicant recites the limitations “or” thus, only one of the two cited conditions is required to be met therefore, the limitations “a generally forward direction” are considered in the claim).
Regarding to claim 14. Terzini discloses a pharmaceutical counter (200; Figure 1) for dispensing precise quantities of pharmaceuticals (pills, p), the pharmaceutical counter (200)
wherein the hopper (230) is removably coupled (see Figure 5A) to the counting mechanism (270).
Regarding to claim 15. Terzini discloses a pharmaceutical counter (200; Figure 1) for dispensing precise quantities of pharmaceuticals (pills, p), the pharmaceutical counter (200)
wherein the hopper (230) includes an outlet (237) sized and shaped to permit said pharmaceuticals (pills) of the second plurality of pharmaceuticals to move therethrough, the hopper (230) including a gate (242; Figure 5A) movable between a closed position (member 242 as shown in Figure 5A) and an open position (member 242 as shown in Figure 5B), wherein in the closed position the gate (242) blocks the outlet to inhibit said pharmaceuticals of the second plurality of pharmaceuticals from moving therethrough (closed gate 242 prevents pills from moving to the member 260) and wherein in the open position the gate does not block the outlet to permit said pharmaceuticals of the second plurality of pharmaceuticals to move therethrough (open gate 242 allows pills from moving to the member 260 as shown in Figure 5B).
Regarding to claim 16. Terzini discloses a pharmaceutical counter (200; Figure 1) for dispensing precise quantities of pharmaceuticals (pills, p), the pharmaceutical counter (200)
wherein the gate (242) is arranged to automatically move from the closed position toward the open position when the hopper is removably coupled to the counting mechanism (When lock neck 240 is properly installed atop chassis 250, gate 242 of lock neck 240 is positioned coaxial with dispenser gate 252, closed by dispenser gate lock 254, which then may be opened by controller C simultaneously with lock neck gate lock 243; Col. 5 line 21).
Regarding to claim 17. Terzini discloses a pharmaceutical counter (200; Figure 1) for dispensing precise quantities of pharmaceuticals (pills, p), the pharmaceutical counter (200)
wherein the hopper (230) includes a gate retainer (body of 240 connecting to member 243; Figure 1) arranged to hold the gate (242) in the closed position and a biasing mechanism (243) biasing the gate (242) toward the open position (When lock neck 240 is properly installed atop chassis 250, gate 242 of lock neck 240 is positioned coaxial with dispenser gate 252, closed by dispenser gate lock 254, which then may be opened by controller C simultaneously with lock neck gate lock 243; Col. 5 line 21).
Regarding to claim 18. Terzini discloses a pharmaceutical counter (200; Figure 1) for dispensing precise quantities of pharmaceuticals (pills, p), the pharmaceutical counter (200)
further comprising a gate actuator (actuator 243) arranged to move the gate retainer (body of 240 connecting to member 243; Figure 1) when the hopper (230) is removably coupled to the counting mechanism (270) to release the gate (242) and permit the gate (242) to move toward the open position (see Figures 5B in the open position and Figure 5A in the closed position).
Regarding to claim 20. Terzini discloses a pharmaceutical counter (200; Figure 1) for dispensing precise quantities of pharmaceuticals (pills), the pharmaceutical counter (200) comprising:
a holder (260; Figure 1) defining a first interior sized to hold pharmaceuticals (pills within interior of 260);
a hopper (230; Figure 1) defining a second interior sized to hold pharmaceuticals (interior of 230);
a counting mechanism (270) configured to count precise quantities of pharmaceuticals (pills);
a first feed mechanism (263; Figure 1) arranged to receive pharmaceuticals (pills) from the holder (260) and deliver said received pharmaceuticals to the counting mechanism (270); and
a second feed mechanism (242) arranged to receive pharmaceuticals from the hopper (230) and deliver said received pharmaceuticals to the holder (260).
Claims 10-12 and 19 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Kempker (US 2003/0183642 A1).
Regarding to claims 10 and 11.
Claim 10 herein comprises the limitations included in claim 1,2,4 and 10.
(limitations per claim 1) Kempker discloses a pharmaceutical counter (10; Figure 2) for dispensing precise quantities of pharmaceuticals (pills),
the pharmaceutical counter (10; Figure 2) comprising:
a holder (left most container 44; Figure 2) defining a first interior sized to hold a first plurality of pharmaceuticals (interior of left most container 44);
a hopper (right most container 44; Figure 2) defining a second interior sized to hold a second plurality of pharmaceuticals (interior of right most container 44); and
a counting mechanism (70; Figure 3) configured to count precise quantities of pharmaceuticals (pills), the counting mechanism (70; Figure 3) arranged to receive pharmaceuticals of the first plurality of pharmaceuticals held by the holder (pills from left most container 44; Figure 2) and to receive pharmaceuticals of the second plurality of pharmaceuticals held by the hopper (pills from right most container 44; Figure 2);
(limitations per claim 2) further comprising a feed mechanism (member 50) arranged to convey said pharmaceuticals of the second plurality of pharmaceuticals held by the hopper (pill held in the interior of right most container 44) toward the counting mechanism (70);
(limitations per claim 4) wherein the feed mechanism (members 50) is a second feed mechanism (member 50 of the right most container 44; Figure 2), the pharmaceutical counter further comprising a first feed mechanism (member 50 of the left most container 44; Figure 2) arranged to convey said pharmaceuticals of the first plurality of pharmaceuticals held by the holder (pill held in the interior of left most container 44) toward the counting mechanism (70);
(limitations per claim 10) wherein the counting mechanism (70) includes a first inlet (inlet 18 for the left most container 44) sized, shaped, and arranged to receive said pharmaceuticals of the first plurality of pharmaceuticals conveyed by the first feed mechanism (member 50 of the left most container 44; Figure 2)
and a second inlet (inlet 18 for the right most container 44) sized, shaped, and arranged to receive said pharmaceuticals of the second plurality of pharmaceuticals conveyed by the second feed mechanism (member 50 of the right most container 44; Figure 2).
Regarding to claim 12. Kempker discloses a pharmaceutical counter (10; Figure 2) for dispensing precise quantities of pharmaceuticals (pills),
wherein the counting mechanism (70; Figure 3) includes a fill sensor (sensor 68; Para. [0035]) arranged to sense a pharmaceutical fill level (number of pills dispensed) in the counting mechanism (70) and configured to generate a signal based on the sensed pharmaceutical fill level (pill quantity dispensed), the pharmaceutical counter (70) further comprising a controller (processor 72; Para. [0036]) configured to operate the first and second feed mechanisms (left most member 50 and right most member 50) based on the signal (from the sensor 68 to the processor).
Regarding to claim 19. Kempker discloses a pharmaceutical counter (10; Figure 2) for dispensing precise quantities of pharmaceuticals (pills), the pharmaceutical counter (10) comprising:
a holder (left most container 44; Figure 2) defining a first interior sized to hold a first plurality of pharmaceuticals (pills within interior of left most container 44);
a hopper (right most container 44; Figure 2) defining a second interior sized to hold a second plurality of pharmaceuticals (interior of right most container 44);
a counting mechanism (70; Figure 3) configured to count precise quantities of pharmaceuticals (pills);
a first feed mechanism (members 50) arranged to receive said pharmaceuticals of the first plurality of pharmaceuticals from the holder (pills within interior of left most container 44) and deliver said pharmaceuticals of the first plurality of pharmaceuticals to the counting mechanism (70; Figure 3); and
a second feed mechanism (member 50 of the right most container 44; Figure 2) arranged to receive said pharmaceuticals of the second plurality of pharmaceuticals from the hopper (pills within interior of right most container 44) and deliver said pharmaceuticals of the first plurality of pharmaceuticals to the counting mechanism (70; Figure 3).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Terzini (US 8,392,020) in view Blake (US 2015/0302678).
Regarding to claim 8. Terzini does not disclose wherein the second direction is the generally lateral direction.
Blake discloses a dispenser (100; Figure 2c) for repositioning currency wherein a hopper (110c) dispenses articles (coins) in a direction that is the generally lateral direction (articles flowing on tray 130 move in a general lateral direction).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Terzini to include the hopper dispensing articles in a direction that is the generally lateral direction as taught by Blake because the articles released from the hopper can be directionally ejected in a lateral direction thus further controlling the location at which the articles are released from the hopper.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Terzini (US 8,392,020 A1) in view Blake (US 2015/0302678 A1) and further in view of Yamamoto (US 2004/0112909 A1).
Regarding to claim 9. Terzini in view Blake disclose a pharmaceutical counter (200; Figure 1) for dispensing precise quantities of pharmaceuticals (pills, p),
wherein the second feed mechanism (130; Figure 2c; Blake) comprises a vibratory plate; Para. [0065]; The collection point distribution 130 may also be configured to vibrate to facilitate movement of coins thereover or therethrough).
Terzini in view Blake do not disclose wherein the first feed mechanism comprises a rotary bowl.
Yamamoto discloses a counting and feeding device (Figure 1) wherein the first feed mechanism (231; Figure 1) comprises a rotary bowl (see bowl 23; Figure 1 and 2; Para; [0047]).
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Terzini in view Blake to include the first feed mechanism comprises a rotary bowl as taught by Yamamoto because a feed mechanism comprises a rotary bowl would allow the dispenser to further singulate the articles to be dispensed thus providing an improved control of the quantity of articles released during dispensing and minimizing the potential for mistakes.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kempker (US 2003/0183642 A1)(alone).
Regarding to claim 13. Kempker does not disclose wherein the controller is configured to operate the first and second feed mechanisms simultaneously.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Kempker to include the controller as being configured to operate the first and second feed mechanisms simultaneously because operating the first and second feed mechanisms simultaneously would provide a faster dispense cycle of dispensing multiple pills from separate containers simultaneously.
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 RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM EST.
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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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/RAKESH KUMAR/Primary Examiner, Art Unit 3651