CTNF 18/653,396 CTNF 93993 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings 06-36 AIA The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “housing is a unitary housing” of claim 2; must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 07-30-01 AIA The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. 07-31-01 Claim 2 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 2 , the claim limitation “the housing is a unitary housing”, the Examiner notes that this feature is listed as a mere possibility in the specification, and the claim limitations of claim 1 exclude this as a possibility. According to claim 1, “a housing having: an outer shell that includes rachet teeth, and a central shaft having a pawl, and an annular shaft housed within the housing between the outer shell and the central shaft”, this cannot be a unitary housing, as, if it was, claim 1 would be violated. Appropriate correction is required. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA Claim s 1, 3-14 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Brady, US 20190091107 . Regarding claim 1 , Brady discloses: A pneumatic tablet collection device (Fig. 1A, dispensing assembly 100) comprising: a tablet collector (Fig. 2a, tablet disc 122) ; a pneumatic rotary actuator ([0058], “The assembly of the present disclosure could be driven by hydraulics, electronics, pneumatics, and/or springs.”) ; and a rotatable base (Fig. 1, portions of the dispensing assembly 100 excepting the tablet ) operatively connected to the tablet collector and the pneumatic rotary actuator, the rotatable base including: a housing having ([0066], “first projection 140 having first surface 142, second cavity 144, at least one second projection 146 (not shown),”) : an outer shell (Fig. 2a, superior component 104) that includes rachet teeth (Fig. 2a, first plurality of teeth 116) , and a central shaft (Fig. 2a, second cavity 144) having a pawl (Fig. 2a, pivotable catch 154 and or ratchet 158) , and an annular shaft (Fig. 2a, first projection 140) housed within the housing between the outer shell and the central shaft, wherein the annular shaft includes ratchet teeth (Fig. 2a, Second plurality of teeth 156) operatively engaging the housing. Regarding claim 3 , Brady further discloses: the ratchet teeth of the outer shell forms a ratchet wheel (see Fig. 2a) . Regarding claim 4 , Brady further discloses: the central shaft (Fig. 2a, second cavity 144) includes a plurality of pawls (Fig. 2a, pivotable catch 154 and or ratchet 158) . Regarding claim 5 , Brady further discloses: the pawl is a substantially V-shaped pawl (Fig. 2a, pivotable catch 154 and or ratchet 158 both utilize a V-shaped pawl surface) . Regarding claim 6 , Brady further discloses: the pawl operatively engages the ratchet teeth of the annular shaft (see Fig. 8) . Regarding claim 7 , Brady further discloses: the annular shaft is an oscillating shaft ([0067], “a rotational force in first rotational direction RD1 or second rotational direction RD2 when a new tablet/pill is needed”) . Regarding claim 8 , Brady further discloses: the pneumatic rotary actuator drives rotation of the rotatable base ([0058], “The assembly of the present disclosure could be driven by hydraulics, electronics, pneumatics, and/or springs.”) . Regarding claim 9 , Brady further discloses: a supplementary pawl (Fig. 2a, pivotable catch 154 and or ratchet 158) configured to operatively engage the housing. Regarding claim 10 , Brady further discloses: a supplementary pawl (Fig. 2a, pivotable catch 154 and or ratchet 158) configured to operatively engage the ratchet teeth of the outer shell. Regarding claim 11 , Brady further discloses: a biasing member biasing (Fig. 2a, solenoid 152) the supplementary pawl. Regarding claim 12 , Brady further discloses: the ratchet teeth of the outer shell are arranged in a first direction and the ratchet teeth of the annular shaft are arranged in a second direction opposite the first direction (see Fig. 8) . Regarding claim 13 , Brady further discloses: the tablet collector, the pneumatic rotary actuator, and the rotatable base are sized sufficiently for use within a glovebox isolator (as seen in the figures, the size of the device in relation to the pills described in the specification indicate that this device could easily fit in a user’s hand. As such, it would easily meet this claim limitation) . Regarding claim 14, Brady anticipates the device of claims 1-13. Therefore, under MPEP 2112.02, Process Claims [R-07.2015], the method of claim 14 are also anticipated, and therefore rejected. “Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986)” . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gonzalez, US 11873146, utilizes a similar rotatable base, but lacks the automation capability of a pneumatic actuator . Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL JEREMY LEEDS whose telephone number is (571)272-2095. The examiner can normally be reached Mon-Thurs, 0730-1730. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731 Application/Control Number: 18/653,396 Page 2 Art Unit: 3731 Application/Control Number: 18/653,396 Page 3 Art Unit: 3731 Application/Control Number: 18/653,396 Page 4 Art Unit: 3731 Application/Control Number: 18/653,396 Page 5 Art Unit: 3731 Application/Control Number: 18/653,396 Page 6 Art Unit: 3731 Application/Control Number: 18/653,396 Page 7 Art Unit: 3731
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