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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/19/2024 has been entered.
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) 25-30, 34, 37-40, 44, and 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahmad H. Ahmadi (US 2016/0367435 A1 – hereinafter Ahmadi) in view of Dickie et al. (US 2016/0000657 A1 – hereinafter Dickie) and Chudy et al. (US 2019/0127102 A1 – hereinafter Chudy).
Re Claims 25, 29, 34, and 48:
Ahmadi discloses a smart case (1) for monitoring a state of any blister card (50) of a set of blister cards (50) (see paragraphs [0046, 0052, 0067, and 0068]), wherein each blister card (50) comprises a plurality of blisters (51) having perimeters (at 51) that collectively define a blister region (the area which encompasses all blisters), wherein the smart case (1) includes: a housing (10) comprising; a first body portion (34) comprising an electronics module (30) that includes electronic circuitry and communications circuitry (see paragraphs [0041, 0057, and 0058]); and a second body portion (11) comprising a fixed, dimensionally defined space that houses a detection module (16, 17, 36, 123, and 125), wherein the detection module (16, 17, 36, 123, and 125) comprises: (1) a sensor system (123 and 125) comprising a first sensor array (at 123) that is arranged in a first arrangement, wherein the first sensor array (at 123) is configured to monitor a state of any blister card (50) of the set thereof by monitoring at least one of its lidding film and content when the blister card (50) is located within the second body portion (see paragraphs [0041, 0046, 0047, 0050, 0051, 0052, 0055; 0056, and 0092-0094]), (2) a set of adapters (20), each adapter (20) of the set thereof being removably securable in the second body portion (11) and dimensioned and arranged to removably locate a different blister card (50) of the set thereof (see paragraphs [0046, 0052, 0067, and 0068]), wherein each adapter consists of an annular element having a flange (outer portion of 20) and (an) opening (22) within the flange (outer portion of 20), and wherein:(i) the flange (outer portion of 20) defines an outer perimeter that is dimensionally fixed based on the dimensions of the second body portion (11) (see Figs. 1 and 7), and wherein the flange enables the adapter (20) to seat securely within the second body portion (11); and (ii) the opening (22) defines an inner perimeter, wherein the opening (22) is configured to mitigate a lateral movement of its respective blister card (50) when it is located in the adapter (20), wherein each adapter (20) of the set thereof has a different inner perimeter (see paragraphs [0041, 0046, 0047, 0052, 0067, 0068, 0087, and 0092-0094], see Figs. 1-33), but fails to teach wherein each blister card comprises a forming film (202), a lidding film (204), and wherein the forming film, lidding film and plurality of blisters collectively define a plurality of reservoirs for holding content, wherein each adapter consists of a single opening within the flange, and wherein the inner perimeter matches the blister region of its respective blister card.
Dickie teaches wherein each blister card comprises a forming film (60, 62b) and a lidding film (62), and wherein the forming film (60, 60b), lidding film (62) and a plurality of blisters (at 60) collectively define a plurality of reservoirs (also blister regions) for holding content (see Figs. 1-16). Re Claim 29: Dickie teaches wherein each adapter (32) includes a recess (at 32a, see Fig. 7) having a height equal to the combined thickness of the forming film (60, 62b) and lidding film (62) of its respective blister card (14) (see Figs. 1-16). Re Claim 48: Dickie teaches wherein each adapter of the set thereof is electronic-component-free and electrical-connection free (see Fig. – electronics/connections separate from adapter 32). 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 Ahmadi with that that of Dickie to provide a blister package type, as commonly known within the art for dispensing.
Chudy teaches wherein each adapter (99, 101) consists of a single opening within an (outer perimeter) flange (outer portion of 99, 101, at 119), and wherein an inner perimeter (different, tailored to) matches a blister region of its respective blister card (see paragraphs [0131, 0133, 0134, and 1045], see Figs. 1-42) (Examiner notes that trays 103 can be considered to be blisters; as they are the holding devices which houses blisters which are then inserted in to an adapter, consistent with the teachings of Chudy. Examiner further notes that Chudy teaches that the blister container itself can be used in place of trays, and placed directly into the adapters. Furthermore, the adapters can also have spaces (131) which can number from one or more, thus, can provide a single opening as consistent with the teachings of Chudy. Examiner notes that the teaching of the adaptability (matching, interchanging, different shape/size) of the trays to the adapter would also apply to the blister containers without any additional inventive skill needed as obvious to one of ordinary skill in the art in view of Chudy, and further in view of the combination as cited). Re Claim 48: Chuddy teaches wherein each adapter of the set thereof is electronic-component-free and electrical-connection free (see Figs. 8 and 18). 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 Ahmadi with that that of Dickie and Chudy to provide a device capable of being adapted to use different blister card shapes and matching adapters, so as to minimize the complexity of a refill process, while also assuring a proper blister is used. Examiner notes that a change in shape and size are design considerations within the skill of one of ordinary skill in the art.
Re Claims 26, 28, and 39:
Ahmadi discloses a frame (13), wherein the frame has at least one opening (131) for exposing at least one reservoir of the plurality of reservoirs of its respective blister card (50), and wherein the frame and corresponding adapter (20) are collectively configured to securely hold their respective blister card (50) such that it is operatively coupled with the sensor system (123, 125), but fails to specifically teach a set of frames, each frame of the set thereof corresponding to a different adapter of the set thereof, the frame being configured to attach to its respective adapter.
Dickie teaches a frame (18) being configured to attach to its respective adapter (32). Re Claims 28 and 39: Dickie discloses wherein the at least one opening of a first frame (18) of the set thereof includes a plurality of openings (and ribs near 52a), each opening of the plurality thereof configured to expose a different reservoir of the plurality of reservoirs of its respective blister card (see Fig. 5). 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 Ahmadi with that that of Dickie to provide a complimentary closing frame which would match the adapter intended for a device. Examiner notes the combination would be capable of providing a set of frames, each frame of the set thereof corresponding to a different adapter of the set thereof, the frame being configured to attach to its respective adapter, by way of following the teachings of Ahmadi in view of Dickie and staying consistent with complimentary pieces. Ahmadi teaches frames with different configurations. Dickie teaches a frame specifically designed to match an adapter portion. One of ordinary skill in the art would recognize that using the teachings of Ahmadi to change the adapter, and using said teachings in view of Dickie to provide a frame member with a complimentary structure, would result in using matching frames on Ahmadi without any additional inventive skill needed, since one would only apply Dickie’s matching frame to Ahmadis matching multiple adapters.
Further Re Claims 27 and 38:
Ahmadi teaches wherein at least one opening of a first frame (131) of a set thereof is a central opening that is configured to expose all of the reservoirs of its respective blister card (see Fig. 7).
Further Re Claims 30 and 40:
Ahmadi teaches a lid (12, 13); and a latch (120, 130); wherein the latch has a first state that secures the lid and the body in a closed configuration and a second state that enables motion of the lid relative to the body, wherein the latch is an electrically-actuated latch that is configured to enable the second state only in response to a command from the electronics module (see paragraphs [0042, 0048, 0059]) (see Figs. 1-33).
Re Claims 37 and 44:
Ahmadi discloses a smart case (1) for monitoring a state of any blister card (50) of a set of blister cards (50) (see paragraphs [0046, 0052, 0067, and 0068]), wherein the smart case (1) includes: a housing (10) that includes; a first body portion (34) comprising an electronics module (30) that includes electronic circuitry and communications circuitry (see paragraphs [0041, 0057, and 0058]);and a second body portion (11) comprising a fixed, dimensionally defined space that houses a detection module (16, 17, 36, 123, and 125), wherein the detection module (16, 17, 36, 123, and 125) comprises: a sensor system (123, 125) that is configured to monitor a state of any blister card (50) of the set thereof (see paragraphs [0041, 0046, 0047, 0050, 0051, 0052, 0055, 0056, and 0092-0094]), wherein each blister card comprises a plurality of blisters (51) having perimeters (at 51) that collectively define a blister region (the area which encompasses all blisters); b) at least one frame (13), each frame (13) having at least one opening (131) for exposing at least one reservoir of its respective blister card (See Fig. 7); and (c) a set of adapters (20), each adapter (20) of the set thereof being removably securable in the second body portion (11) and dimensioned and arranged to removably secure a different blister card (50) of the set thereof (see paragraphs [0046, 0052, 0067, and 0068]), wherein each adapter (20) consists of an annular element having a flange (outer portion of 20) and (an) opening (22) within the flange (outer portion of 20), and wherein:(i) the flange (outer portion of 20) defines an outer perimeter, wherein the outer perimeter is dimensionally fixed based on the dimensions of the second body portion (11) (see Figs. 1 and 7), and wherein the flange is configured to enable the adapter (20) to seat securely within the second body portion (11); and (ii) the opening (22) defines an inner perimeter, wherein the opening (22) is configured to mitigate a lateral movement of its respective blister card (50) when it is located in the adapter (20), wherein each adapter of the set thereof has the same outer perimeter and a different inner perimeter (based on change in shape, size and matching to blister) (see paragraphs [0041, 0046, 0047, 0052, 0067, 0068, 0087, and 0092-0094]), but fails to teach wherein each blister card comprises a forming film, a lidding film, and wherein the forming film, lidding film and plurality of blisters collectively define a plurality of reservoirs for holding content, a receiver that includes:(a) a seat that is located within the second body portion; wherein each adapter consists of a single opening within the flange, and wherein the inner perimeter corresponds to the blister region of its respective blister card; wherein each adapter of the set thereof has the same outer perimeter and a different inner perimeter, and wherein each adapter includes a recess having a height equal to the combined thickness of the forming film and lidding film of its respective blister card.
Dickie teaches wherein each blister card comprises a forming film (60, 62b) and a lidding film (62), and wherein the forming film (60, 60b), lidding film (62) and a plurality of blisters (at 60) collectively define a plurality of reservoirs (also blister regions) for holding content, a receiver (16a) that includes: (a) a seat (internal area of 16 encompassed by walls) that is located within a second body portion (16), and wherein an adapter (32) includes a recess (at 32a) having a height equal to the combined thickness of the forming film (60, 60b) and lidding film (62) of its respective blister card (14) (see Figs. 1-16). 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 Ahmadi with that that of Dickie to provide a blister package type, as commonly known within the art for dispensing, while also allowing for an alternative arrangement for seating a blister as suggested by Dickie.
Chudy teaches wherein each adapter (99, 101) consists of a single opening within a flange (outer portion of 99, 101, at 119), wherein an inner perimeter (different, tailored to) corresponds to a blister region of its respective blister card; and wherein each adapter of the set thereof has the same outer perimeter and a different inner perimeter (see paragraphs [0131, 0133, 0134, and 1045], see Figs. 1-42) (Examiner notes that trays 103 can be considered to be blisters; as they are the holding devices which houses blisters which are then inserted in to an adapter, consistent with the teachings of Chudy. Examiner further notes that Chudy teaches that the blister container itself can be used in place of trays, and placed directly into the adapters. Furthermore, the adapters can also have spaces (131) which can number from one or more, thus, can provide a single opening as consistent with the teachings of Chudy. Examiner notes that the teaching of the adaptability (matching, interchanging, different shape/size) of the trays to the adapter would also apply to the blister containers without any additional inventive skill needed as obvious to one of ordinary skill in the art in view of Chudy, and further in view of the combination as cited). 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 Ahmadi with that that of Dickie and Chudy to provide a device capable of being adapted to use different blister card shapes and matching adapters, so as to minimize the complexity of a refill process, while also assuring a proper blister is used. Examiner notes that a change in shape and size are design considerations within the skill of one of ordinary skill in the art.
Claim(s) 31, 41, and 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahmadi in view of Dickie and Chudy and further in view of Patel et al. (US 2020/0085694 – hereinafter Patel).
Re Claims 31, 41, and 42:
Ahmadi in view of Dickie and Chudy discloses the device of claim 30, but fails to specifically teach wherein the smart case is configured to: identify an appropriate dosing window for each blister card of the plurality thereof; identify an authorized user; and issue the command only upon identification of an authorized user and during the appropriate dosing window.
Patel further in view teaches wherein a smart case is configured to: identify an appropriate dosing window for each blister card of the plurality thereof; identify an authorized user; and issue the command only upon identification of an authorized user and during the appropriate dosing window (see paragraphs [0011, 0038, 0047, 0067, 0070, and 0105]). 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 Ahmadi in view of Dickie and Chudy with that of Patel to protect the contents of a container.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahmadi in view of Dickie and Chudy and further in view of Niven et al. (US 2016/0089304 – hereinafter Niven).
Re Claims 32:
Ahmadi in view of Dickie and Chudy discloses the device of claim 25, but fails to teach wherein the smart case is configured to identify one or more dosing windows for each blister card of the plurality thereof and issue an alert upon detection of at least one event selected from the group consisting of: (i) removal of content from more than one reservoir of the plurality thereof during one dosing window; (ii) removal of a blister card from the smart case; and (iii) removal of content from at least one reservoir of the plurality thereof during a time period not within an identified dosing window.
Niven teaches wherein the smart case is configured to identify one or more dosing windows for each blister card of the plurality thereof and issue an alert upon detection of at least one event selected from the group consisting of: (i) removal of content from more than one reservoir of the plurality thereof during one dosing window; (ii) removal of a blister card from the smart case; and (iii) removal of content from at least one reservoir of the plurality thereof during a time period not within an identified dosing window (see paragraph [0073]). 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 Ahmadi in view of Dickie and Chudy with that of Niven to protect the contents of a container while assuring proper usage.
Claim(s) 33 and 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahmadi in view of Dickie and Chudy and further in view of Jack W. Malpass (4,693,371 – hereinafter Malpass).
Re Claims 33 and 43:
Ahmadi in view of Dickie and Chudy discloses the device of claim 25, but fails to teach an access tab for facilitating removal of any frame and blister card of the respective sets thereof from the second body portion.
Malpass further in view teaches an access tab (140) for facilitating removal of a frame (3) and blister card of a respective sets thereof from a second body portion (11). (see Figs. 1-3]). 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 Ahmadi in view of Dickie and Chudy with that of Malpass so as to allow for easy opening and carrying of a device.
Claim(s) 35 and 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahmadi in view of Dickie and Chudy and further in view of Evans et al. (US 7,284,661 – hereinafter Evans).
Re Claims 35 and 45:
Ahmadi in view of Dickie and Chudy discloses the device of claim 25, but fails to teach a stylus that is operative for piercing the lidding film of at least one blister card of the set thereof.
Evans further in view teaches a stylus (127, 129) that is operative for piercing a lidding film of at least one blister card of a set thereof (see Fig. 1) (see Figs. 1-36). 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 Ahmadi in view of Dickie and Chudy with that of Evans to make it easier to puncture a blister card.
Claim(s) 36 and 46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahmadi in view of Dickie, Chudy, and Evans and further in view of Stuart W. DeJonge (6,098,835 – hereinafter DeJonge).
Re Claims 36 and 46:
Ahmadi in view of Dickie, Chudy, and Evans discloses the device of claim 35, but fails to teach wherein the stylus includes at least one serration.
DeJonge further in view teaches wherein the stylus (35) includes at least one serration (see col. 4 lines 35-40). 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 Ahmadi in view of Dickie, Chudy, and Evans with that of DeJonge to make it easier to puncture a blister card.
Claim(s) 47 and 49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahmadi in view of Dickie and Chudy and further in view of Nova et al. (US 9,717,655 – hereinafter Nova)
Re Claim 47:
Ahmadi in view of Dickie and Chudy discloses the device of claim 25, but fails to teach wherein the first sensor array has a sensor density that is greater than the highest reservoir density of the set of blister cards.
Nova teaches wherein a first sensor array has a sensor density (number of sensors) (48, 50) that is greater than the highest reservoir density of a set of blister cards (see Fig. 16). 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 Ahmadi in view of Dickie and Chudy with that of Nova to provide a way of protecting contents within a package while also allow for indicative means for the package.
Re Claim 49:
Ahmadi in view of Dickie and Chudy discloses the device of claim 25 and an interface (connection) that is configured to reversibly couple the electronics module and the detection module (See Ahmadi Figs. 1-33), but fails to teach wherein the interface includes an electrical interface and a mechanical interface.
Nova teaches wherein the interface includes an electrical interface (68, 70) and a mechanical interface (64, 66) (see Figs. 1-21). 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 Ahmadi in view of Dickie and Chudy with that of Nova to allow for two parts to be securely held together while making an electrical connection so as to prevent unintended disconnection of parts.
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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/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
/K.L.R/Examiner, Art Unit 3651