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 .
Priority
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
2. 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.
3. 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.
4. Claims 1,6,7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greyshock et al. PGPub 2019/0102965.
Greyshock discloses, regarding claim 1, A medication assistance device comprising:
a storing member (212) configured to store medicine packs;
a medicine dispenser (202) configured to arrange a predetermined medicine pack among the medicine packs in a predetermined position;
a discharge and transport mechanism (204,206,208) configured to discharge the predetermined medicine pack from the storing member to transport to a predetermined position of the medicine dispenser;
a pack information reader (¶0102) disposed in the discharge and transport mechanism, and configured to read medication associated information attached to at least one of the storing member or the medicine pack, the medication associated information including a name of an individual taking medication and administration timing (¶0070-0092);
a pack information management system (230) configured to manage the medication associated information of the medicine pack;
a storing detector configured to detect attachment or detachment of the storing member to a device main body (¶0096); and
a controller configured to inform the pack information management system and cause the pack information reader to read the medication associated information of the storing member to be updated based on a detection signal from the storing detector at a time when the storing member is mounted in the device main body (see at least ¶0090-0092).
Regarding claim 6, wherein the discharge and transport mechanism includes a discharger (208) configured to take the predetermined medicine pack out from the storing member, and a transporting mechanism (206) configured to transport the predetermined medicine pack, which is taken out from the storing member, to the predetermined position of the medicine dispenser (see at least ¶0089).
Regarding claim 7, wherein the storing member is configured to store the medicine packs in a stacked state, and the medicine packs include unit-dose medicine packs in each of which a single dose of one or more medicines is packaged, and a unit-dose medicine pack bundle in which a plurality of unit-dose medicine packs are stacked and bundled in a stacking direction (it is noted that the claim further limits that article handled by the apparatus and not the apparatus itself, however, Greyshock is fully capable of providing the packs in a stacked state. See MPEP 2114,2115).
Claim Rejections - 35 USC § 103
5. 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.
6. Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Greyshock et al. PGPub 2019/0102965 in view of Misra PGPub 2022/0270734.
Greyshock discloses substantially all the limitations of the claims (see ¶4 above), but does not expressly disclose the limitations of claims 2-4.
Misra teaches [regarding claim 2] wherein the storing detector (602) includes an optical sensor, a distance sensor, a weight sensor, or a push button switch (¶0060), [regarding claim 3] wherein the medication assistance device includes a plurality of storing members (603) as the storing member and a plurality of storing detectors (602) as the storing detector, and each of the storing detectors is arranged for a corresponding storing member (see fig.4,6), [regarding claim 4] wherein the medication assistance device includes a plurality of storing members (603) as the storing member, where the plurality of the storing members form a storing member assembly that is an integrated structure of the plurality of storing members, and where the storing member assembly is detachably mounted to the device main body, and wherein the storing detector is configured to detect an attachment or detachment state of the storing member assembly (see ¶0060, fig.4,6).
Before the effective filing date, it would have been obvious to one having ordinary skill in the art to provide the storing detector with an optical sensor, a distance sensor, a weight sensor, or a push button switch, wherein the medication assistance device includes a plurality of storing members as the storing member and a plurality of storing detectors as the storing detector, and each of the storing detectors is arranged for a corresponding storing member, wherein the medication assistance device includes a plurality of storing members as the storing member, where the plurality of the storing members form a storing member assembly that is an integrated structure of the plurality of storing members, and where the storing member assembly is detachably mounted to the device main body, and wherein the storing detector is configured to detect an attachment or detachment state of the storing member assembly
As taught by Misra, in the device of Greyshock, with a reasonable expectation of success, for the purpose of monitoring medication usage for user safety.
Allowable Subject Matter
7. Claims 5,8 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
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
McDonald et al. (USP 5,468,110) discloses a medication support device comprising a container (12) configured to store medicine packs (14), a picking means (38), a conveyor (34), and a medication reader (26) associated with the picking means.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESLIE A. NICHOLSON III whose telephone number is (571)272-5487. The examiner can normally be reached M-F 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael C McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESLIE A NICHOLSON III/Primary Examiner, Art Unit 3653 2/9/2026