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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recite the limitation the bottle comprising “the bottle comprising an annular lip, and the latch comprising a downwardly projecting annular latch along a latch diameter disposed external to the one or more selection orifices” and it is unclear if the bottle is claimed in combination with the system. For the purpose of examination, the bottle is assumed to be claimed in combination. Clarification is respectfully requested.
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) 1-3, 5, 11, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Conway et al. (Conway US 7,438,204).
1: Conway teaches a medication dispensing control system (system shown in Figures 1-16, capable of dispensing medication), comprising a bottle cover (cover 74), comprising at least one selection orifice (orifice comprising 88), each of corresponding diameter to obstruct bulk passage and permit sequential passage of solid units of at least one medication type per orifice (openings 88 obstructs bulk passage of contents within, capable of passage of at least one medication type); and a lid adapter (lid adapter 76), comprising a dispenser opening (opening 109).
2: Conway teaches the claimed invention as discussed above for Claim 1 and Conway further teaches a latch (latch/locking member 80) adapted to fixate the bottle cover to an opening of a bottle (to the top opening of bottle 12).
3: Conway teaches the claimed invention as discussed above for Claim 2 and Conway further teaches that the bottle comprising an annular lip (26, Figure 1), and the latch (latch 80 ) comprising a downwardly projecting annular latch along a latch diameter (latch member 86a-p, which are anti rotation members ) disposed external to the one or more selection orifices (disposed outward/radially away from the orifices).
5: Conway teaches the claimed invention as discussed above for Claim 1 and Conway further teaches that the bottle cover further comprising a ledge (ledge at 98) adapted to fixate the bottle cover to the lid adapter.
11: Conway teaches the claimed invention as discussed above for Claim 1 and Conway further teaches that the lid adapter comprising a rounded base of a base diameter (round base 102, Figure 11A at bottom edge of 76) and an upwardly extending annular column of a column diameter smaller than (annular columns, cutout portions 104a-104p) and disposed internal to the base diameter (internal to 102).
20: Conway teaches a medication dispensing control system (system shown in Figures 1-16, capable of dispensing medication), comprising a lid (lid 119, Figure 15); a bottle with an opening (bottle 12 with an opening 16); a bottle cover (cover 74), comprising at least one selection orifice, each of corresponding diameter to obstruct bulk passage and permit sequential passage of solid units of at least one medication type per selection orifice (openings 88 obstructs bulk passage of contents within, capable of passage of at least one medication type), wherein the bottle cover is adapted to engage the bottle at its opening; and a lid adapter, comprising a dispenser opening (engage at opening 16), wherein the lid adapter is adapted to engage the lid and the bottle cover wherein the dispenser opening aligns to one such selection orifice (opening 109 is aligned with one of the selection orifice 88, see Figure 16).
Claim(s) 1 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crawford (US 9,511,924).
1: Crawford teaches a medication dispensing control system (system shown in Figure 7), comprising a bottle cover (cover see Figure 7 below), comprising at least one selection orifice (orifice comprising 88), each of corresponding diameter to obstruct bulk passage and permit sequential passage (see Figure 7 below where the channel regions have different shapes and sizes to obstruct bulk passage) of solid units of at least one medication type per orifice (to dispense different types of medication per orifice, see Figure 7); and a lid adapter (lid adapter see Figure 7 below), comprising a dispenser opening (see Figure 7 below).
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20: Crawford teaches a medication dispensing control system (system shown in Figure 8), comprising a lid (lid/filter Figure 8); a bottle with an opening (bottle 800 with the opening of 800); a bottle cover (cover see Figure 8 below), comprising at least one selection orifice (see Figure 8 below), each of corresponding diameter to obstruct bulk passage and permit sequential passage of solid units of at least one medication type per selection orifice (see Figure 8 below where the channel regions have different shapes and sizes to obstruct bulk passage), wherein the bottle cover is adapted to engage the bottle at its opening (see Figure 8 below); and a lid adapter, comprising a dispenser opening (see Figure 8 below), wherein the lid adapter is adapted to engage the lid and the bottle cover wherein the dispenser opening aligns to one such selection orifice (see Figure 8 where the dispenser opening is aligned with one of the orifice/channel region).
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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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crawford (US 9,511,924).
19: Crawford teaches an obvious method, wherein a medication dispensing control method (system shown in Figure 7), comprising deploying a bottle cover (cover see Figure 7 above) over an opening of a bottle (over the opening of the bottle see Figure 7 above), the bottle cover comprising at least one selection orifice (see Figure 7 above), each of corresponding diameter to obstruct bulk passage (see Figure 7 above where the channel regions have different shapes and sizes to obstruct bulk passage) and permit sequential passage of solid units of at least one medication type per selection orifice (to dispense different types of medication per orifice, see Figure 7); and deploying a lid adapter (lid adapter see Figure 7 above) over the bottle cover, the lid adapter comprising a dispenser opening (see Figure 7 above), wherein the dispenser opening is aligned to one such selection orifice (see Figure 7 where the dispenser opening is aligned with one of the orifice/channel region).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Conway such that that an obvious method of implementation such as the method of medication dispensing is claimed and carried out, which is generally shown in Figures 1-16, in order to properly control and dispense specific items such as medication of different sizes or dispensing in sequence.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conway et al. (Conway US 7,438,204).
19: Conway teaches an obvious method, wherein a medication dispensing control method (system shown in Figures 1-16, capable of dispensing medication), comprising deploying a bottle cover (cover 74) over an opening of a bottle (over 16 of 12, Figure 1), the bottle cover comprising at least one selection orifice (orifice comprising 88), each of corresponding diameter to obstruct bulk passage and permit sequential passage of solid units of at least one medication type per selection orifice (openings 88 obstructs bulk passage of contents within, capable of passage of at least one medication type); and deploying a lid adapter (lid adapter 76) over the bottle cover, the lid adapter comprising a dispenser opening (opening 109), wherein the dispenser opening is aligned to one such selection orifice (opening 109 is aligned with one of the selection orifice 88, see Figure 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Conway such that that an obvious method of implementation such as the method of medication dispensing is claimed and carried out, which is generally shown in Figures 1-16, in order to properly control and dispense specific items such as medication of different sizes or dispensing in sequence.
Allowable Subject Matter
Claims 4, 6-10, and 12-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KING M CHU whose telephone number is (571)270-7428. The examiner can normally be reached Monday - Friday 10AM - 6PM EST.
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/King M Chu/Primary Examiner, Art Unit 3735