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 .
Response to Amendment
Applicant’s amendments filed on 2 June 2026 have been entered. Claims 1-2 and 4-18 are pending and treated below. Claims 1, 12, 14 and 18 are amended. Claim 3 is cancelled. Claims 19-29 remain cancelled from before the previous non-final rejection.
Applicant’s amendments filed on 2 June 2026, with regard to the 35 U.S.C. § 102 and 103 rejections have been considered and are not persuasive. The memory 108 of Chen used as the storage processing part is considered in correspondence with device 103 as described in column 7 lines 32-47. Device 103 is explained by Chen to execute the program shown in Figure 6 as explained by column 14 lines 12-20. Such a program would have to be stored onto a memory. Since the device 103 controls operation and controls functionality of the dispensing device, it can therefore be interpreted that the storage processing part of Chen is in a correspondence relationship with the medicine dispensing part.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-12 and 18 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Chen (US
10722431 B2).
Regarding Claim 1, Chen teaches a medicine dispensing system comprising:
a determination processing part that determines whether or not a medicine has been dispensed from a medicine dispensing part that can be adjusted to a plurality of states capable of dispensing different types of medicines (Figure 6 shows a block diagram for the process of dispensing of medicine, it includes block 624 which checks all medicine containers were finished for a single prescription, which means that a processing part 106 determines whether or not a medicine has been dispensed, and block 626 which checks if there are further prescriptions, which means that different types of medicine is capable of being dispensed by dispensing part, or container loading station 208 comprising medicine containers 390 on carousel 310 which adjusts to different states of rotation);
and a storage processing part that stores dispensing confirmation information in a storage part in a state in which a correspondence relationship with the medicine dispensing part can be specified when the determination processing part determines that the medicine has been dispensed from the medicine dispensing part (wherein the storage part is the container identification unit 385 described to be a physical device in column 9 lines 61-67, block 602 and 628 of the process diagram in Figure 6 describes both applying the identification unit to a medicine container and updating prescription information which is stored in storage processing part, or memory 108 described in column 15 lines 47-51, updating prescription information would have to include notification that the patient has received dispensed medicine, the memory 108 is further described to be a part of control device 103 which executes programs such as the one exemplified by Figure 6, as described in column 7 lines 32-47 and column 14 lines 12-20)
wherein in a test dispensing operation that is executed after adjustment of the medicine dispensing part according to a type of the medicine to be dispensed allocated to the medicine dispensing part and dispensing the medicine from the medicine dispensing part, the determination processing part determines whether or not the medicine has been dispensed from the medicine dispensing part (block 624 shown in Figure 6, described in column 15 lines 25-47 checks if all medicine has been dispensed according to the prescription dosage and user prompt answers before continuing operation to another prescription or finishing with updating the prescription information, meaning the dosage and user prompts is checked as the test dispensing operation prior to the processor determining the medicine has been dispensed).
Regarding Claim 2, Chen further teaches a restriction processing part that restricts a medicine dispensing operation for dispensing the medicine from the medicine dispensing part based on a medicine dispensing data when the dispensing confirmation information corresponding to the medicine dispensing part is not stored in the storage part (Figure 10 shows a process diagram with block 1024 and 1030 describe a process of restricting medicine in the event dosage is greater than prescribed, which means that a restriction is performed in response to medicine dispensing data prior to confirmation that the medicine was dispensed).
Regarding Claim 4, Chen further teaches wherein the storage processing part stores the dispensing confirmation information in a state in which a correspondence relationship between the dispensing confirmation information, the medicine dispensing part and the type of medicine allocated to the medicine dispensing part can be specified (the container identification unit 385 described in column 9 lines 61-67 is used in block 602 of the process diagram in Figure 6 where information is applied to the identification unit associated with a medicine storage container 206, or 390 in Figure 4B).
Regarding Claim 5, Chen further teaches a dispensing detection part capable of detecting the medicine dispensed from the medicine dispensing part, wherein in the test dispensing operation for the medicine dispensing part, the determination processing part determines that the medicine has been dispensed from the medicine dispensing part on condition that dispensation of a predetermined number of medicines has been detected by the dispensing detection part (described in column 15 lines 25-47, wherein the processor determines that medicine has been dispensed, in order to determine this the processor would have to rely on a sensor to detect the medicine).
Regarding Claim 6, Chen further teaches wherein the determination processing part determines that the medicine has been dispensed from the medicine dispensing part on condition that a specific user operation has been performed after the test dispensing operation for the medicine dispensing part has been performed (described in column 15 lines 25-47, wherein the processor can determine that medicine has been dispensed based on prompt answers the user provides).
Regarding Claim 7, Chen further teaches wherein the determination processing part determines that the medicine has been dispensed from the medicine dispensing part on condition that the test dispensing operation for the medicine dispensing part is completed (column 15 lines 25-47 describes a check if all medicine has been dispensed according to the prescription dosage and user prompt answers before continuing operation to another prescription or finishing with updating the prescription information, meaning the dosage and user prompts is checked as the test dispensing operation prior to the processor determining the medicine has been dispensed).
Regarding Claim 8, Chen further teaches a reception processing part capable of receiving input of one or more of a quantity of the medicines to be filled in the medicine dispensing part, a date of filling and an expiration date before start of the test dispensing operation (block 604 and 628 in Figure 6 describe inputting and updating prescription information of medicines that are to be filled and have completed filling, such prescription information is known to include date of filling and expiration dates of prescription and/or medicine).
Regarding Claim 9, Chen further teaches a display processing part that displays presence or absence of the dispensing confirmation information corresponding to the medicine dispensing part on a display screen that is displayed when the medicine dispensing part is filled with the medicine (described in column 8 lines 36-56 and column 16 lines 21-43).
Regarding Claim 10, Chen further teaches wherein the storage part is provided in the medicine dispensing part corresponding to the dispensing confirmation information (shown in Figure 4A and 4B).
Regarding Claim 11, Chen further teaches wherein the storage processing part stores the dispensing confirmation information, identification information of the medicine dispensing part and the type of medicine allocated to the medicine dispensing part in association with each other in the storage part (described in column 12 lines 1-15 and column 15 lines 47-51).
Regarding Claim 12, Chen further teaches an adjusting system comprising:
a detection processing part capable of detecting a current adjustment value of a dimension of a dispensing path by an adjusting part capable of manually adjusting the dimension of the dispensing path of a medicine in a medicine dispensing part (column 10 lines 6-20 describes either a carousel, robot or conveyor being utilized for moving medicine storage containers from one position to another, column 15 line 21-24 describes remembering the identification and location of each medicine storage container, meaning that in movement of the carousel, robot or conveyor to dispense medicine, there would have to be detection of an adjustment value of a dimension of a dispensing path by an adjusting part, for example location within the carousel as the carousel rotates and therefore adjusts the dispensing path of a medicine dispensing part, or medicine storage container 206);
and a display processing part that displays the current adjustment value detected by the detection processing part and a target value for adjustment in a comparable manner (column 8 lines 36-56 describes the display 200 showing operation of the container loading station 208 which contains carousel 310 and the display providing controls for operation of the medicine storage containers 206 on the container loading station 208, this would mean the presenting medicine storage container shown in Figure 2 would have at least its medicine information displayed and indication that its container is being presented, therefore indicating the current adjustment value has reached a target value)
wherein in a test dispensing operation that is executed after adjustment of the medicine dispensing part according to a type of the medicine to be dispensed allocated to the medicine dispensing part and dispensing the medicine from the medicine dispensing part, the determination processing part determines whether or not the medicine has been dispensed from the medicine dispensing part (block 624 shown in Figure 6, described in column 15 lines 25-47 checks if all medicine has been dispensed according to the prescription dosage and user prompt answers before continuing operation to another prescription or finishing with updating the prescription information, meaning the dosage and user prompts is checked as the test dispensing operation prior to the processor determining the medicine has been dispensed).
Regarding Claim 18, Chen further teaches a program for causing a processor to execute:
a determination step for determining whether or not a medicine has been dispensed from a medicine dispensing part that can be adjusted to a plurality of states capable of dispensing different types of medicines (Figure 6 shows a block diagram for the process of dispensing of medicine, it includes block 624 which checks all medicine containers were finished for a single prescription, which means that a processing part 106 determines whether or not a medicine has been dispensed, and block 626 which checks if there are further prescriptions, which means that different types of medicine is capable of being dispensed by dispensing part, or medicine containers 390 on carousel 310 which adjusts to different states of rotation);
and a storage step for storing dispensing confirmation information in a storage part in a state in which a correspondence relationship with the medicine dispensing part can be specified when the determination step determines that the medicine has been dispensed from the medicine dispensing part (wherein the storage part is the container identification unit 385 described to be a physical device in column 9 lines 61-67, block 602 and 628 of the process diagram in Figure 6 describes both applying the identification unit to a medicine container and updating prescription information which is stored in memory 108, described in column 15 lines 47-51, updating prescription information would have to include notification that the patient has received dispensed medicine).
wherein in a test dispensing operation that is executed after adjustment of the medicine dispensing part according to a type of the medicine to be dispensed allocated to the medicine dispensing part and dispensing the medicine from the medicine dispensing part, the determination processing part determines whether or not the medicine has been dispensed from the medicine dispensing part (block 624 shown in Figure 6, described in column 15 lines 25-47 checks if all medicine has been dispensed according to the prescription dosage and user prompt answers before continuing operation to another prescription or finishing with updating the prescription information, meaning the dosage and user prompts is checked as the test dispensing operation prior to the processor determining the medicine has been dispensed).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 13 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 10722431 B2) in view of Sahai (US 5971594 A).
Chen teaches the claim limitations of Claim 12 as above.
Chen does not teach the display processing part displays adjustment difference information capable of specifying a difference between the current adjustment value and the target value.
Sahai teaches a medicine dispensing system comprising detection of a rotating carousel’s position (described in column 17 lines 31-39).
Regarding Claim 13, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to apply the carousel position detector taught by Sahai to the adjusting system of Chen. The result would enable the adjusting system of Chen to track and report the position of medications in each medicine storage container to be dispensed by the adjusting system of Chen and even provide it in the user interface on its display and provide further confirmation to users that the correct amount of all different types of prescribed medications have been dispensed. Specifically, the modification would provide the positioning of the current medication container presented as the target value and the positioning of an initial and/or additional medication that needs to be dispensed, or current adjustment value to inform the user which position(s) of medication containers they need to await to receive all prescribed medication. One of ordinary skill in the art could apply the position detector taught by Sahai to the adjusting system of Chen without undue experimentation. Further, the application of the position detector of Sahai to the adjusting system of Chen would produce the predictable results of dispensing prescribed medications to a user in separate forms and order.
Regarding Claim 15, the application of the position detector of Sahai to the adjustment system of Chen can further provide a notification processing part that notifies a user when difference between the current adjustment value and the target value reaches a predetermined range or less. This would be for the purpose of notifying a user when their prescribed initial and/or additional medications are ready to be collected. Specifically, the notification can be generated when the current adjustment value, or a position that is not in the presenting position, reaches the target value, or the presenting position.
Regarding Claim 16, the application of the position detector of Sahai to the adjustment system of Chen can further provide an initial position detection part capable of detecting that the adjusting part is in an initial state; and an operation amount detection part capable of detecting an operation amount of the adjusting part, wherein the detection processing part identifies the current adjustment value based on the operation amount of the adjusting part detected by the operation amount detection part after the initial position detection part detects that the adjusting part is in the initial state. This would be for the purpose of providing further confirmation to a user that all initial and/or additional prescribed medications either are in the process or have completed the process of dispensing.
Regarding Claim 17, the application of the position detector of Sahai to the adjustment system of Chen can further provide a first display processing part for displaying a list of a plurality of work process groups included in manual adjustment work using the adjusting part; and a second display processing part that sequentially displays one or more work processes included in each of the work process groups after the work process group is displayed by the first display processing part. Specifically, the work process groups can be displayed in the form of rotation sequences of the container loading station that are being performed and/or need to be performed in order to provide a user information with regard to receiving all of their prescribed medications.
Allowable Subject Matter
Claim 14 is allowed.
None of the prior art discloses or renders obvious an adjusting system comprising all of the elements of Claim 14. The closest prior art: the medicine dispensing system of Chen (US 10722431 B2) does not teach “wherein the display processing part displays a second region having an area, length or width corresponding to difference between the target value and the current adjustment value and a third region having an area, length or width corresponding to the current adjustment value in a first region having an area, length or width corresponding to the target value.”
Conclusion
THIS ACTION IS MADE FINAL. 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 MIRAJ T PATEL whose telephone number is (571)272 -9330. The examiner can normally be reached M-F 8:00-5:00.
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/M.T.P./Examiner, Art Unit 3655
/JACOB S. SCOTT/Supervisory Patent Examiner, Art Unit 3655
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