DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot in view of the new ground(s) of rejections.
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.
3. Claim(s) 1, 2, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ernest Kenneway (US 2008/0000816 A1 – hereinafter Kenneway) in view of Hiroshi Oowatari (US 2019/0022869 A1 – hereinafter Oowatari) and Jibin Yang (US 2018/0263853 A1 – hereinafter Yang).
Re Claims 1 and 2:
Kenneway discloses a (parts) dispensing device for dispensing a (parts) to a dispensing port (at 40) by carrying the (parts) inputted, comprising: a receiver part (42) receiving the (parts), a carrier part (at 33, at 35) carrying the (parts) to the dispensing port (at 40), the carrier part (at 33, at 35) including a circular part positioned outside the receiver part (42) when viewed in a plane view (see Fig. 1), wherein the carrier part (at 33, at 35) comprises: a first carrier part (35) adjacent to the dispensing port (at 40) for carrying the (parts) in a condition where the (parts) is placed thereon, a second carrier part (33) positioned inside the first carrier part (35) for carrying the (parts) in a condition where the (parts) is placed thereon, a guiding part (see channel/pathway near 40 of Fig. 1) disposed above the first carrier part (35) and the second carrier part (33) so as to cross the first carrier part (35) and the second carrier part (33), the guiding part (see channel/pathway near 40 of Fig. 1) guiding the (parts) from the second carrier part (33) to the first carrier part (35) and substantially guiding the (parts) from the first carrier part (35) to the dispensing port (at 40 – see from the point where (41) makes first contact with part (35) (while still in channel), then is carried from that point to the point where it exits the channel at 40), wherein the first carrier part (35) and the second carrier part (33) is able to carry the (parts) such that a first speed (see claims 3 and 5) of a (parts) guided to the first carrier part (35) to the dispensing port (at 40) becomes larger (higher) than a second speed (see claims 3 and 5) of a (parts) guided from the second carrier part (33) to the first carrier part (35) (see Figs. 1-5), but fails to teach medicine.
Oowatari teaches a guiding part (74) disposed above a first carrier part (92) and a second carrier part (91) so as to cross the first carrier part (92) and the second carrier part (91), the guiding part (74) guiding the (parts) from the second carrier part (91) to the first carrier part (92) and substantially guiding the (parts) from the first carrier part (92) to a dispensing port (see Fig. 3) (see Figs. 1-3). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Kenneway with that of Oowartari so as to provide an alternative dispensing formation which would allow for quicker complete dispensing from multiple rotary members.
Yang teaches a medicine dispensing device for dispensing a medicine to a dispensing port (near 25) by carrying the medicine inputted, comprising: a receiver (22), a first carrier part (higher speed) (23), and a second carrier part (lower speed) (see paragraph [0071] – second carrier part is taught by Yang describing that the device may have one or more concentric discs as long as the speed gradually increases from the inlet disc to the outlet disc) (see Fig. 2, see Figs. 1-16). Re Claim 2: Yang teaches wherein a rotation speed of the first carrier part is larger than a rotation speed of the second carrier part (see paragraph [0071]). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Kenneway with that of Oowartari and Yang, so as to provide a particular type of dispensed parts/medicine to be dispensed from a rotary dispensing device that would be suitable for an intended customer and would be recognized by one of ordinary skill in the art as art equivalents of one another.
Further Re Claim 2:
Kenneway discloses wherein a rotation speed of the first carrier part (35) is larger than a rotation speed of the second carrier part (33) (see claims 3 and 5).
Further Re Claim 6:
Kenneway discloses wherein each of the first carrier part (35) and the second carrier part (33) comprises a placing face for placing the medicine thereon, and the guiding part (see channel/pathway near 40 of Fig. 1) is disposed at an upper region of the placing face (see Fig. 1).
4. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenneway in view of Oowatari and Yang and further in view of Yoshihito Omura (US 2016/0167899 A1 – hereinafter Omura).
Re Claim 7:
Kenneway in view of Oowatari and Yang discloses the device of claim 1, but fails to teach a carry-supporting mechanism for enhancing a moving speed of a medicine dispensed to the dispensing port.
Omura further in view teaches a carry-supporting mechanism (38, 39) for enhancing a moving speed of a medicine dispensed to a dispensing port (see paragraph [0086]). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Kenneway in view of Oowatari and Yang to include a carry-supporting mechanism, as taught by Omura, to accelerate the product as it reaches an outlet so as to further create separation of the products for dispensing.
5. Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenneway in view of Oowatari, Yang and Omura, and further in view of Jaime Marti Sala (US 2023/0365344 A1 – hereinafter Sala).
Re Claims 8 and 10:
Kenneway in view of Oowatari, Yang and Omura discloses the device of claim 7 (including speed – see Omura of claim 7), but fails to teach wherein the carry-supporting mechanism is at least one rotation plate contacting with a medicine dispensed to the dispensing port.
Sala further in view teaches wherein a carry-supporting mechanism is at least one rotation plate contacting with a medicine dispensed to the dispensing port (see paragraph [0016] – Sala teaches conveyors can be belts or discs). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Kenneway in view of Oowatari, Yang and Omura, to include a rotation plate, as taught by Sala, to carry/move product by using an alternative art recognize equivalent type of moving mechanism.
Re Claim 9:Kenneway in view of Yang and Oowatari discloses the device of claim 1 (including multiple lateral walls (34 and 43 on faces 35, 33) (see Fig. 3 of Kenneway), but fails to teach wherein on a placing faces for placing the medicine of the first carrier part and the second carrier part, at least one lateral wall defining a passage path is comprised, and the rotation plate rotates about a rotation axis extending to a direction vertical to the placing faces and one part protrudes from the at least one lateral wall at a position adjacent to the dispensing port of the first carrier part.
Omura further in view teaches wherein on a placing faces for placing the medicine of the first carrier part and the second carrier part, at least one lateral wall (23) defining a passage path is comprised, and the rotation plate (38, 39) rotates about a rotation axis extending to a direction vertical to the placing faces and one part (at 38) protrudes from the at least one lateral wall (23) at a position adjacent to a dispensing port of a first carrier part. (see Fig. 4). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Kenneway in view of Yang to include that as suggested by Omura, to accelerate the product as it reaches an outlet so as to further create separation of the products for dispensing.
Sala further in view teaches wherein a carry-supporting mechanism is at least one rotation plate contacting with a medicine dispensed to the dispensing port (see paragraph [0016] – Sala teaches conveyors can be belts or discs). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Kenneway in view of Yang and Omura to include a rotation plate, as taught by Sala, to carry/move product by using an alternative art recognize equivalent type of moving mechanism.
6. Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenneway in view of Yang, Omura, and Sala.
Re Claim 12:
Kenneway discloses a (parts) dispensing device for dispensing a (part) from a dispensing port by carrying the inputted (part) to the dispensing port, comprising: a receiver part (42) receiving the (part), a carrier part (at 33, at 35) carrying the (part) to the dispensing port (near 48), the carrier part (at 33, at 35) including a circular part positioned outside the receiver part (42) when viewed in a plane view (see Fig. 1), wherein the carrier part (at 33, at 35) comprises: a circular carrier part adjacent to the dispensing port (near 48) for carrying the (part) in a condition where the (part) is placed thereon, a guiding part (see channel/pathway near 40 of Fig. 1) guiding the (part) to the dispensing port (near 48) from the circular carrier part, at least one lateral wall (34, 43) defining a passage path of the (part) on a placing face for placing the (part) of the circular carrier part (see Figs. 1-5), but fails to teach medicine, and a rotation plate rotating about a rotation axis extending a direction vertical to the placing face while one part protruding from the at least one lateral wall at a position adjacent to the dispensing port of the circular carrier part.
Yang teaches a medicine dispensing device for dispensing a medicine from a dispensing port (near 25) by carrying the inputted medicine to the dispensing port, comprising: a receiver (22), a first carrier part (23), and a second carrier part (see paragraph [0071]) (see Fig. 2, see Figs. 1-16). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Kenneway to include medicine, as taught by Yang, so as to provide a particular type of dispensed parts/medicine to be dispensed from a rotary dispensing device that would be suitable for an intended customer and would be recognized by one of ordinary skill in the art as art equivalents of one another.
Omura teaches a rotation plate (38, 39) rotating about a rotation axis extending a direction vertical to a placing face while one part (at 38) protruding from at least one lateral wall (23) at a position adjacent to a dispensing port of a circular carrier part (see Figs. 1 and 4) (see Figs. 1-14). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Kenneway with that of Yang and Omura, to accelerate the product as it reaches an outlet so as to further create separation of the products for dispensing.
Sala teaches wherein a carry-supporting mechanism is at least one rotation plate contacting with a medicine dispensed to the dispensing port (see paragraph [0016] – Sala teaches conveyors can be belts or discs). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Kenneway with that of Yang, Omura, and to include a rotation plate, as taught by Sala, to carry/move product by using an alternative art recognize equivalent type of moving mechanism.
Allowable Subject Matter
6. Claims 3-5 and 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KELVIN L RANDALL, JR. whose telephone number is (571)270-5373. The examiner can normally be reached M-F: 9:00 am-5 pm est.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at 571-272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
