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 § 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)(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.
Claim(s) 1, 8, and 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tribble et al. (USPGPUB 2008/0169045; see further USP 6,915,823 that is incorporated).
Regarding claim 1, Tribble et al. disclose a medication pump accessory system for automated assembling of an array of doses of a medication, said accessory system comprising:
a. a control center (see “a control unit” in paragraph [0046]) configured to receive an order for an array of doses of the medication directly (see paragraph [0043]) or indirectly from an electronic medical record (EMR) system;
b. a dial table system (130) comprising at least four slots therein (see Figure 5), configured to temporarily hold a medication bottle (10), wherein each of the at least four slots occupies either a loading position (140), a dispensing position (170), a capping position (180), or an unloading position (200), the dial table system (130) further configured to rotate to move slots from one position to another (see Figure 2);
c. a dispensing system (150,170) configured to aliquote a unit of medication from a reservoir (60) through a dispenser (see paragraph [0079]) into the medication bottle in the slot occupying the dispensing position of the dial table system (130), the dispensing system (150,170) comprises a means of connecting a medication pump (see paragraph [0076]); and
d. a capping system (180) configured to securely attach a cap (40) to the medication bottle in the capping position of the dial table system (see paragraph [0042]).
Regarding claim 8, Tribble et al. disclose the system of claim 1 further comprising a clamping system (see Figure 3) configured to hold the medication bottle in place in a slot of the dial table system (130), the clamping system (see Figure 3) comprising:
a. a base mount (134/136 and paragraph [0047]; paragraph [0047] incorporates USP 6,915,823; see Figure 3 of USP 6,915,823) having a front end and a back end (see Figure 3);
b. a clamping arm (143,145 see USP 6,915,823) having a front end and a back end, slidably disposed on the base mount (see Figure 3);
c. an insert (151) disposed at the front end of the clamping arm (143,145), the insert (151) comprising a concave curved shape matching a curvature of the medication bottle (see column 7 lines 50-56 of USP 6,915,823);
d. a motor mount (see claim 15 of USP 6,915,823) operatively coupled to the back end of the base mount (134/136); and
e. a clamping motor mechanism comprising a motor operatively coupled to the motor mount, and a shaft operatively coupled to the motor and the back end of the clamping arm, wherein the clamping motor mechanism is configured to extend the shaft such that the clamping arm applies pressure to the medication bottle, and retract the shaft such that the clamping arm does not contact the medication bottle (see column 7 lines 44-58 of USP 6,915,823).
Regarding claim 10, Tribble et al. disclose the system of claim 8, wherein each slot of the at least four slots of the dial table system (130) comprises a dial table insert (132) disposed in the slot, the dial table insert (132) having a concave curved shape matching a curvature of the medication bottle (see Figure 3).
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tribble et al. (USPGPUB 2008/0169045) as applied to claims 1, 8, and 10 above, and further in view of Yuyama et al. (USP 5,946,883).
Regarding claim 9, Tribble et al. disclose the system of claim 8 further comprising one or more devices operatively coupled to the base mount of the clamping system, configured to stop the motor when the distance between the insert and the medication bottle reaches a threshold (see claim 15 of USP 6,915,823). However, they do not disclose a system further comprising one or more position sensors operatively coupled to the base mount of the clamping system, configured to detect a distance between the insert and the medication bottle (see column 6 lines 17-24). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Tribble et al. by including a system further comprising one or more position sensors operatively coupled to the base mount of the clamping system, configured to detect a distance between the insert and the medication bottle, as disclosed by Yuyama et al., with a reasonable expectation of success for the purpose of providing a distance sensor for a holding device (see column 6 lines 17-24).
Allowable Subject Matter
Claims 2-7 and 11-14 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.
Claims 15-20 are allowed.
The following is an examiner’s statement of reasons for allowance: dependent claim 2 discloses, “a plurality of cleats (330) disposed on the belt (320) spaced a distance d2 apart; wherein a lower end of the belt feeder (310) is configured to engage bottles housed in a bottle storage hopper such that as the belt (320) rotates the cleats (330) rise and capture one or more bottles thereon as the cleats (330) rise towards a top end of the belt feeder (310), wherein the belt feeder (310) is oriented at an angle a1 with respect to horizontal” which, in combination with the rest of the claim language of claims 1 and 2, teaches a system that is novel over the prior art of record. Dependent claim 11 discloses, “wherein the cap comprises a foil layer coupled to an interior of the cap by a meltable seal, wherein the system further comprises a heat sealing system (1300) operatively coupled to the unloading position of the dial table system (400), configured to melt the meltable seal of the cap such that the foil layer is applied to the medication bottle” which, in combination with the rest of the claim language of claims 1 and 11, teaches a system that is novel over the prior art of record. Independent claim 15 discloses, “a heat sealing system (1300) operatively coupled to the unloading position of the dial table system (400), configured to melt the meltable seal of the cap such that the foil layer is applied to the medication bottle” which, in combination with the rest of the claim language, teaches a system that is novel over the prior art of record. Independent claim 20 discloses, “a plurality of cleats (330) disposed on the belt (320) spaced a distance d2 apart; wherein a lower end of the belt feeder (310) is configured to engage bottles housed in a bottle storage hopper such that as the belt (320) rotates the cleats (330) rise and capture one or more bottles thereon as the cleats (330) rise towards a top end of the belt feeder (310), wherein the belt feeder (310) is oriented at an angle a1 with respect to horizontal” which, in combination with the rest of the claim language, teaches a system that is novel over the prior art of record.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 MICHAEL COLLINS whose telephone number is (571)272-8970. The examiner can normally be reached Monday-Friday.
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, Jacob Scott can be reached at (571) 270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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M.K.C.
6/23/2026
/MICHAEL COLLINS/Primary Examiner, Art Unit 3655
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