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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/26/2025 has been entered.
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. Examiner’s Invites the Applicant to call to discuss the claims for language to overcome the current art as cited.
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, 37-41, 45, and 49 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, 26, 28, 29, 34, and 49:
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]), each blister card of the set thereof (50) comprising a plurality of blisters (51) having perimeters (at 51) that collectively define a blister region (the area which encompasses all blisters), and wherein each blister card (50) has a different configuration defined by blister-card size, blister-card shape, reservoir number, reservoir size, reservoir shape, and inter-reservoir spacing (Examiner notes that Ahmadi teaches using blister cards that are different in shape, size, numbers, and positions, thus, Examiner notes that the configuration as claimed is capable as obvious to one of ordinary skill in the art, (see paragraphs [0046, 0052, and 0068]), wherein the smart case (1) comprises: a housing (10) comprising; a first body portion (34) for containing an electronics module (30) (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) that includes a plurality of sensors (at 123) that is arranged in a first arrangement, wherein the plurality of sensors (at 123) is configured to monitor a state of any blister card (50) of the set thereof when located within the second body portion (11); (b) a set of adapters (20), each adapter (20) of the set thereof being removably securable in the second body portion (11), and each adapter (20) being dimensioned and arranged to receive and removably locate a different blister card (50) of the set thereof (see paragraphs [0046, 0052, 0067, and 0068]), and wherein the adapters (20) of the set thereof are fully interchangeable and removably securable within the second body portion (11), and a receiver (see paragraphs [0041, 0046, 0047, 0052, 0067, 0068, 0087, and 0092-0094], see Figs. 1-33), but fails to teach each blister card of the set thereof 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, and a receiver comprising a seat, wherein the seat is configured to support any adapter of the set thereof.
Dickie teaches 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 and a receiver (at 16) comprising a seat (internal area of 16 encompassed by walls), wherein the seat (16) is configured to support an adapter (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 – Dickie also teaches frame (18) attached to an adapter (32)). Re Claim 49: Dickie teaches wherein each adapter of the set thereof is electronics-free and electrical-connectivity 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 a receiver (at 19) comprising a seat (81, 83), wherein the seat (81, 83) is configured to support any adapter (99, 101) of a set thereof (see Figs. 8 and 18) (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 28: Chudy teaches wherein each adapter (99, 101) of the set thereof includes an annular element (119) having an outer perimeter that enables the adapter (99, 101) to seat securely within a second body portion (87) and an inner perimeter (at 131) that is configured to mitigate lateral movement of its respective blister card (103, 105, 13, 17) when it is located in the adapter (99, 101), and wherein all outer perimeters of the set are the same and all inner perimeters of the set thereof are different (see Figs. 8 and 18 – outer perimeters are the same to fit the same body (87), inner perimeters are different to fit different arrangement of blisters or types of blisters). 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 adapters and matching blisters, 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.
Further Re Claim 26:
Ahmadi discloses a set of frames (12), wherein each frame (12) corresponding to an adapter (20) of the set thereof, each frame (12) being removably attachable to the second body portion (11) or to a corresponding adapter of the set thereof and having at least one opening (121) for providing access to the content of at least one reservoir of the plurality of reservoirs of its respective blister card (50) when the blister card is secured between the frame (12) and the adapter (20) (see Fig. 7) (Examiner notes that Ahmadi teaches a removable and attachable frame, thus, different frames of at least the same type can be used and would read on the claim as cited. Where Ahmadi would not provide support, for example: is where each frame is different and specifically matches a specific different individual adapter, such language is not claimed in claimed 26)
Further Re Claim 27:
Ahmadi discloses a lid (12, 13) that is attached to the housing so as to be movable between a closed position to prevent user access to a lidding film of any blister card (50) located in the receiver; and an open position that enables user access to any blister card (50) located in the receiver (see Fig. 7) (Examiner notes that 12 and 13 are interchangeable as frame or lid. Examiner further notes that while Ahmadi prefers to have member 12 completely detachable, it is obvious to one of ordinary skill in the art that the member could use a hinge the same as member 13, as such would not change the purpose of member 12 and pivoting a cover is a common skill within the art as further shown by Ahmadi’s member 13.) (see paragraph [0043])
Further Re Claims 30 and 41:
Ahmadi discloses wherein the latch has a first state that secures the lid in its closed position 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, 39, 40 and 45:
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]), each blister card (50) of the set thereof comprising a plurality of blisters (51) having perimeters (at 51) that collectively define a blister region (the area which encompasses all blisters), and wherein each blister card has a different configuration defined by blister-card size, blister-card shape, reservoir number, reservoir size, reservoir shape, and inter-reservoir spacing (Examiner notes that Ahmadi teaches using blister cards that are different in shape, size, numbers, and positions, thus, Examiner notes that the configuration as claimed is capable as obvious to one of ordinary skill in the art, (see paragraphs [0046, 0052, and 0068]), wherein the smart case (1) comprises: a housing (10) having a first body portion (34) (see paragraphs [0041, 0057, and 0058]); and a second body portion (11); an electronics module (30) that is located in the first body portion (34); a detection module (16, 17, 36, 123, and 125) that is located in the second body portion (11), the detection module (16, 17, 36, 123, and 125) comprising: (1) a sensor system (123 and 125) having a plurality of sensors (at 123) arranged in a first arrangement, wherein the plurality of sensors (at 123) is configured to monitor a state of any blister card (50) of the set thereof when located within the second body (11) (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 secure a different blister card (50) of the set thereof (see paragraphs [0046, 0052, 0067, and 0068]), and a receiver (at 11), wherein the (receiver at 11) and first frame (12, 13) are configured to reversibly locate any adapter (20) of the set thereof and its respective blister card (50) of the set thereof such that the respective blister card (50) is operatively coupled with the sensor system (123, 125), and wherein the receiver (at 11) is configured to retain any adapter (20) of the set thereof; and a lid (12, 13) that is attached to the housing (11) to be movable between a closed position to prevent user access to a lidding film of any blister card located in the receiver (at 11) (see paragraph [0043]), and an open position to enables user access to the lidding film of any blister card (50) located in the receiver (at 11) (see paragraphs [0041, 0046, 0047, 0052, 0067, 0068, 0087, and 0092-0094], see Figs. 1-33), but fails to teach 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, a receiver that includes a seat; wherein the seat and the first frame are configured to reversibly locate any adapter.
Dickie teaches 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 (at 16) that includes a seat (internal area of 16 encompassed by walls); wherein the seat (internal area of 16 encompassed by walls) and a first frame (18) are configured to reversibly locate an adapter (32) (see Fig. 5). (see Figs. 1-16). Re Claim 39: Dickie teaches wherein a frame includes an annular element and a plurality of ribs (52a) that collectively define a plurality of openings, each opening of the plurality thereof being configured to expose a different reservoir of the plurality of reservoirs of its respective blister card of the set thereof (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. Examiner further notes the combination would be capable of providing each frame corresponding parts by way of duplication of parts as obvious to one of ordinary skill in the art.
Chudy teaches a receiver (at 19) and seat (81, 83) configured to reversibly locate any adapter (99, 101) (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 adapters and matching blisters, 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 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 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 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 Niven et al. (US 2016/0089304 – hereinafter Niven).
Re Claims 32 and 43:
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 one or more 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 44 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 44:
Ahmadi in view of Dickie and Chudy discloses the device of claim 26, but fails to teach an access tab for facilitating removal of any
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 46 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 46:
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 47 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 47:
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) 38, 48 and 50 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 38:
Ahmadi in view of Dickie and Chudy discloses a set of frames (12), each frame (12) corresponding to an adapter (20) of the set thereof, each frame (12) being removably attachable to the second body portion (11) or to a corresponding adapter of the set thereof (see Fig. 7) and traps its respective blister card between the frame and the adapter (Examiner notes that Ahmadi teaches a removable and attachable frame, thus, different frames of at least the same type can be used and would read on the claim as cited. Where Ahmadi would not provide support, for example: is where each frame is different and specifically matches a specific different individual adapter, such language is not claimed in claimed 38), but fails to teach and contacts the lidding film on its respective blister card.
Nova further in view teaches contacts a lidding film on its respective blister card (see Figs. 4, 7, and 8. 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.
Re Claim 48:
Ahmadi in view of Dickie and Chudy discloses the device of claim 25, but fails to teach wherein the plurality of sensors has a sensor density that is greater than the highest reservoir density of the set of blister cards.
Nova further in view teaches wherein the plurality of sensors 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 50:
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 further in view 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 part.
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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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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