DETAILED ACTION
This office action is in response to the initial filing dated June 21, 2024.
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 Status
Claims 1-9 are currently pending.
Claim Objections
Claims 1, 3, 6-7, and 9 are objected to because of the following informalities:
Claim 1 recites the acronyms “RFID”, “LED”, and “QR” in items c), d), and e), respectively. These acronyms are not defined in the claims.
Further, claim 1 recites elements a) through j), but lacks the conjunction “and” between elements i) and j).
Claim 3 recites “is claim as claimed 1” in lines 1-2. This phrase is objected to for not being grammatically correct, however, the language is interpreted similar to other dependent claims which recite “as claimed in claim 1”.
Claim 6 recites a list of data that is displayed, but lacks the term “and”, “or”, or “and/or” to clarify if all of that data is required to be displayed by the claim limitation or if the displayed data is presented in an alternative form. For purposes of examination, the claim is interpreted with the term “and/or” such that one or any combination of data is displayed.
Further, claim 6 recites “said display (200)” in line 2. Although there is not “a display” previously recited, this limitation is interpreted as referring to the “touch display (200) unit” of item e) in claim 1. Please consider revising the claim language to consistently refer to the same element of the claim for clear, concise claim language.
Claim 7 recites “is claim as claimed 1” in lines 1-2. This phrase is objected to for not being grammatically correct, however, the language is interpreted similar to other dependent claims which recite “as claimed in claim 1”.
Further, claim 7 recites “a weight, pressure sensors” in line 2. It is not clear if there is more than one sensor since “a” contradicts “sensors” and if the sensor(s) are weight sensors or pressure sensors. For purposes of examination, the claim is interpreted as including a weight sensor, a pressure sensor, or both.
Further, claim 7 recites “send to the data” in lines 3-4 where the word “to” appears to be included erroneously and the claim is interpreted as “send the data”.
Claim 9 recites the term “though” in line 2 where it appears the word “through” is intended.
Appropriate correction is required.
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 2-3, 5, and 7 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 2 recites the limitation "the snooze button" in the last line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the snooze button" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation “the wireless connectivity” in the last line of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitations “the particular movement record” and “the data” in lines 3 and 4, respectively, of the claim. There is insufficient antecedent basis for these limitations in the claim.
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 1, 3, and 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Akdogan et al. (Akdogan; WO 2014/145218) in view of Evans (US PG Pub #2014/0164016) and further in view of Loscutoff et al. (Loscutoff; US PG Pub #2020/0098456).
As to claim 1, Akdogan teaches an intelligent digital medicine storage and reminder device (1) (see Abstract; Paragraphs [0003]-[0004] teach a system enables dispensing, tracking, storage, processing, analysis, management, fulfillment, and/or commerce relating to dispensables, such as health and wellness consumables including tablets and capsules; Paragraph [0005] teaches a smart base; Paragraph [0048] teaches medication; Paragraphs [0214]-[0215] teach a base including a processor and one or more slots to removably and replaceably receive containers containing a plurality of consumable units; Paragraph [0217] teaches dispensing consumable units and a memory storing a schedule) comprising:
a) an intelligent compartment (100) having a housing (101) being filled with medicine strips (Paragraph [0236] teaches a base as a single or multi-container device having slots receiving containers; Paragraph [0253] the base detecting insertion of a cartridge and causing a processor to initiate steps to incorporate the inserted cartridge into the resources of the base);
b) a door (103) being connected to each compartment, each door (103)openable for releasing the medicine at the time of dosing schedule (Paragraph [0064] teaches a door that allows users to add or remove consumable units; Paragraph [0081] teaches a user accessing consumable media by opening the door; Paragraphs [0096] and [0104] teach one or more secrecy doors or electrochromatic doors for privacy of stored consumables);
c) a RFID detector (106) (Paragraph [0107] teaches an input method of the base being RFID for proximity detection; Paragraph [0109] teaches the base includes a reader mechanism to read digital information, such as a RFID sensor/reader);
d) a LED (104) and buzzer (105) being connected to each door (103) to reminding the time of taking medicine to the user (Paragraph [0103] teaches the base functions with alarm sounding and LED flashing; Paragraphs [0182]-[0183] teach an output device as a buzzer or light-emitting diode to notify the user as reminders of a dosage in a predetermined schedule; Paragraph [0221] teaches the base providing a notification through a buzzer or light-emitting diode);
e) a touch display (200) unit, said touch display (200) unit being mounted on the device (1) (Paragraph [0107] teaches the base has a touchscreen; Paragraph [0113] teaches processing input from a touchscreen; Paragraph [0178] teaches an input device including a touch screen);
f) a microcontroller (110) being capable to control the operation of the intelligent digital medicine storage and reminder device (Paragraph [0113] teaches the base has an integrated microcomputer; Paragraph [0276] teaches one or more microprocessors, microcontrollers, embedded microcontrollers, programmable digital signal processors, or other programmable device);
g) a control panel (300) being capable to control the intelligent digital medicine storage and reminder device (Paragraph [0107] teaches input via a touchscreen, pressing of a button, sliding finger over non-press button, and touching a fingerprint reader; Paragraph [0113] teaches processing user interface functions from buttons; Paragraph [0170] teaches user input such as a button; Paragraph [0178] teaches a user input device such as a button);
h) a battery, said battery (111) supplies the demand power to the said device (Paragraph [0101] teaches the base is powered by line power with battery backup or by a rechargeable/disposable internal battery; Paragraph [0201] teaches the device with a battery or other power source to provide power to the device for electronic operation);
i) a finger print sensor (307) being capable to identify the user finger and unlock the compartment (100) at the scheduled time (Paragraphs [0105] and [0107]-[0108] teach a fingerprint scanner or reader for user authentication; Paragraphs [0180] and [0247] teach a biometric fingerprint identification system to authenticate the user before dispensing the one or more consumable units);
j) a smart camera (Paragraph [0105] teaches a face recognition camera; Paragraph [0108] teaches face recognition via a mounted camera; Paragraph [0218] teaches a camera; Paragraph [0248] teaches a camera such as a digital still camera or video camera directed toward a location of an operator of an interface of a security lock to capture images for facial recognition);
characterised by,
said intelligent compartment (100) provided with a separate lock; said separate lock provided for unlocking the particular intelligent compartment (100) on prescribed medicine schedule (Paragraphs [0217]-[0218] teach the base includes a processor to operate each of the containers to provide a notification to a user of an item on a schedule and retrieve consumable units by automatically dispensing or by receiving manual input from the user to dispense; Paragraph [0230] teaches a lock to prevent dispensation prior to a corresponding dosage in the schedule; Paragraphs [0245]-[0246] teach a security lock requiring authentication prior to dispensing consumable units); said intelligent compartment (100) append the customized pack of medicines as per patient prescription (Paragraph [0064] teaches adding or removing consumable items; Paragraphs [0111] teaches determining the number of doses remaining; Paragraph [0112] teaches the base storing one or multiple attachables; Paragraph [0232] teaches evaluating dispensers physically associated with the base for availability of consumables indicated in a schedule for the user); said medicine storage and reminder device (1) notify the user through LED (104) blinking, audio notification and visual indication (Paragraph [0103] teaches the base flashing an LED as a notification; Paragraph [0106] teaches LEDs and speakers for audiovisual notifications) and track the medicine which is to be taken as per prescribed schedule and prediction to identify medicine which is not taken as per schedule (Paragraphs [0003]-[0006] teach tracking consumable usage data; Paragraphs [0155]-[0156] teach alerting of missed medication; Paragraph [0183] teaches alerting upon any predetermined condition such as a missed dosage; Paragraph [0220] teaches a first notification when a dosage is due and a second notification when a dosage is missed; Paragraph [0232] teaches monitoring compliance of the user with the schedule).
Although Akdogan does teach the use of RFID tags (Paragraphs [0203] and [0207]), Akdogan does not explicitly teach the RFID detector (106) located at the front side of the device, the touch display unit having the QR code (201) which can be scanned by the mobile means to track schedule of medicine and to identify the user, said RFID detector (106) identify the user on tapping RFID card and provide the time and schedule dosage of medicine, and artificial intelligence based prediction to identify medicine which is not taken as per schedule.
In the field of processing medical information, Evans teaches the display unit having the QR code (201) which can be scanned by the mobile means to track schedule of medicine and to identify the user (Paragraphs [0029] and [0055] teach scanning a QR code displayed on a container of medication; Paragraphs [0025], [0040], and [0048] teach decoding the QR code to obtain medical information including directions of use used to update a calendar with a schedule, inventory, and patient contact information) and said RFID detector (106) identify the user on tapping and provide the time and schedule dosage of medicine (Paragraphs [0047], [0058], and [0061] teach receiving medical information via NFC; Paragraph [0020] teaches NFC radio communication for device in close proximity). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Akdogan with the teaching of Evans such that the RFID detector (106) is located at the front side of the device, the display unit displays a QR code scanned by a mobile device, and the RFID detector identifies based on tapping an RFID card because locating the RFID detector at the front side of the device yields the predictable result of increasing reliability of digital systems by locating devices in a location to ensure reliable wireless communication and using an RFID card in place of an NFC device is a simple substitution of known components that yields the predictable result of wireless data communication between components.
Akdogan in view of Evans does not render obvious artificial intelligence based prediction to identify medicine which is not taken as per schedule.
In the field of medication management, Loscutoff teaches artificial intelligence based prediction to identify medicine as per schedule (Paragraph [0032] teaches machine learning components executing algorithms, such as artificial neural networks to train medication management models to indicate that a user will likely miss a medication refill; Paragraphs [0070], [0076], and [0088] teach predicting using machine learning techniques that a user will miss refilling a medication). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tracking of Akdogan with the prediction of Loscutoff such that artificial intelligence based prediction identifies which medicine is not taken because this provides an improvement in technology and a solution to the problem of an increased likelihood of health-related complications when patients consume prescription medications on a regular basis (Paragraph [0001]).
As to claim 3, depending from the intelligent digital medicine storage and reminder device (1) is claim as claimed 1 , Akdogan does not explicitly teach wherein the door (103) closed after removal of the medicine from the intelligent compartment (100) or pressing the snooze button, the device (1) automatically records that the dose as a successfully administered dose.
However, Akdogan does teach updating a numeric amount when a plurality of consumables are dispensed using one or more sensor to detect a numeric count (Paragraph [0205]), tracking when a consumable unit is dispensed by the base using touch sensors or beam-breaking detection (Paragraph [0218]), and doors to access stored consumables (Paragraphs [0064], [0081], and [0104]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Akdogan such that the door (103) closed after removal of the medicine from the intelligent compartment (100) or pressing the snooze button, the device (1) automatically records that the dose as a successfully administered dose because setting a condition upon which to track consumables yields the predictable result of increasing reliability of the tracking data by marking a dosage as taken only when there is a condition met, such as a door being closed.
As to claim 5, depending from the intelligent digital medicine storage and reminder device (1) as claimed in claim 1, Akdogan teaches wherein the device (1) being capable to connect with any smart device (1) through the wireless connectivity (Paragraph [0109] teaches the base with ports for wireless/cellular internet; Paragraph [0186] teaches the base wirelessly coupled through a local area network; Paragraph [0191] teaches the base a local area network interface to communicate with a computing device of the user; Paragraph [0204]).
As to claim 6, depending from the intelligent digital medicine storage and reminder device (1) as claimed in claim 1, Akdogan teaches wherein said display (200) shows the real-time date and time, patient name, reminding pop-up access, health tips, emergency call service, editing and adding features and alert to the next dose, name of the medicine & doses, schedule time including wireless connectivity, and/or battery (111) status (Paragraph [0108] teaches the base’s display showing consumable SKU name, SKU dose concentration, and notifications).
As to claim 7, depending from the intelligent digital medicine storage and reminder device (1) is claim as claimed 1, Akdogan teaches wherein microcontroller (110) having a weight, pressure sensors (Paragraph [0194] teaches a weight sensor detecting a weight of contents to calculate a consumable count; Paragraph [0218] teaches a pressure or weight sensor for tracking that a consumable is dispensed), so if containers are achieving movements, the particular movement record and send to the data to server and notify it (Paragraph [0248] teaches further actuations and processings triggered by physical device movements; Paragraph [0223] teaches a server managing bases).
As to claim 8, depending from the intelligent digital medicine storage and reminder device (1) as claimed in claim 1, Akdogan teaches said RFID detector (106) (Paragraph [0107] teaches an input method of the base being RFID for proximity detection; Paragraph [0109] teaches the base includes a reader mechanism to read digital information, such as a RFID sensor/reader) and the use of RFID tags (Paragraphs [0203] and [0207]), but does not explicitly teach identify the user on tapping the RFID card and being capable to determine the time and schedule of the medicine for said user.
In the field of processing medical information, Evans teaches said RFID detector (106) identify the user on tapping and being capable to determine the time and schedule of the medicine for said user (Paragraphs [0047], [0058], and [0061] teach receiving medical information via NFC; Paragraph [0020] teaches NFC radio communication for device in close proximity). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Akdogan with the teaching of Evans such that the RFID detector identifies based on tapping an RFID card because using an RFID card in place of an NFC device is a simple substitution of known components that yields the predictable result of wireless data communication between components.
As to claim 9, depending from the intelligent digital medicine storage and reminder device (1) as claimed in claim 1, Akdogan teaches wherein consumption of medicine by user being capable to track though smart camera (Paragraph [0105] teaches a face recognition camera; Paragraph [0108] teaches face recognition via a mounted camera; Paragraph [0218] teaches a camera for tracking when a consumable unit is dispensed; Paragraph [0248] teaches a camera such as a digital still camera or video camera directed toward a location of an operator of an interface of a security lock to capture images for facial recognition). However, Akdogan does not explicitly teach tracking through artificial intelligence.
In the field of medication management, Loscutoff teaches artificial intelligence based medication management (Paragraph [0032] teaches machine learning components executing algorithms, such as artificial neural networks to train medication management models to indicate that a user will likely miss a medication refill; Paragraphs [0070], [0076], and [0088] teach predicting using machine learning techniques that a user will miss refilling a medication). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tracking of Akdogan with the artificial intelligence of Loscutoff because this provides an improvement in technology and a solution to the problem of an increased likelihood of health-related complications when patients consume prescription medications on a regular basis (Paragraph [0001]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Akdogan et al. (Akdogan; WO 2014/145218) in view of Evans (US PG Pub #2014/0164016) and further in view of Loscutoff et al. (Loscutoff; US PG Pub #2020/0098456) as applied to claim 1 above, and further in view of Park (US PG Pub #2011/0022224).
As to claim 2, depending from the intelligent digital medicine storage and reminder device (1) as claimed in claim 1, Akdogan teaches the LED (104) indicates medicine intelligent compartment (100) along with the buzzing of the buzzer (105) (Paragraph [0103] teaches the base functions with alarm sounding and LED flashing; Paragraphs [0182]-[0183] teach an output device as a buzzer or light-emitting diode to notify the user as reminders of a dosage in a predetermined schedule; Paragraph [0221] teaches the base providing a notification through a buzzer or light-emitting diode). Although Akdogan teaches automatically dispensing a consumable with notification to the user (Paragraphs [0218], [0232], [0251], and [0266]) and doors to access stored consumables (Paragraphs [0064], [0081], and [0104]), Akdogan does not explicitly teach wherein the door (103) being capable to automatically open at the time of particular dosage and indicating till the door (103) being open or pressing the snooze button.
In the field of automatic drug dispensing and dosing time reminder devices, Park teaches indicating till the medicine is dispensed (Paragraphs [0010], [0020], and [0080] teaches a voice message and blinking an indicating lamp until a dose of medication or a drug pack is taken). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Akdogan with the indication of Park such that indication is given until door (103) being open or pressing the snooze button because this provides a more reliable dosage time reminder device (Paragraph [0008]) and increases dosage efficiency (Paragraph [0010]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Akdogan et al. (Akdogan; WO 2014/145218) in view of Evans (US PG Pub #2014/0164016) and further in view of Loscutoff et al. (Loscutoff; US PG Pub #2020/0098456) as applied to claim 1 above, and further in view of Brue et al. (Brue; US PG Pub #2010/0169111) and Paramanandam et al. (Paramanandam; US PG Pub #2022/0347398).
As to claim 4, depending from the intelligent digital medicine storage and reminder device (1) as claimed in claim 1, Akdogan does not explicitly teach wherein the control panel (300) comprising a wireless connectivity button, a buzzer (105) snooze button, a SoS button (303) being capable to call to the emergency number stored and a charging port (304) to charge the device.
In the field of portable health devices, Brue teaches wherein the control panel (300) comprising a buzzer (105) snooze button (Paragraphs [0028] and [0037] teach a snooze button to delay an audible alert), a SoS button (303) being capable to call to the emergency number stored (see Abstract; Paragraph [0030] teaches an emergency or panic button to dial the server and upload data; Paragraph [0039] teaches emergency protocol including emergency contact numbers; Paragraphs [0042] and [0048] teach pressing the panic button to set in motion prescribed emergency protocol) and a charging port (304) to charge the device (Paragraph [0038] teaches a battery recharging port). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Akdogan with the buttons and charger port of Brue because buttons are easy to use to control frequency-used functions and ease of use is important (Paragraph [0028]).
Akdogan in view of Brue does not render obvious a wireless connectivity button.
In the field of drug delivery devices, Paramanandam teaches a wireless connectivity button (Paragraph [0075] teaches a wireless activation trigger such as a user pushing a button). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Akdogan with the button of Paramanandam such that the control panel includes a wireless connectivity button because activating wireless connectivity in response to a user input yields the predictable result of increased control for the user to ensure desired operation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jain et al. (US PG Pub #2016/0147976) teach a wellness adherence tracking system (see Abstract) utilizing QR codes (Paragraph [0090]).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN W SHERWIN whose telephone number is (571)270-7269. The examiner can normally be reached M-F, 7:00-8:00, 9:00-3:00 and 4:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at 571.270.1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN W SHERWIN/ Primary Examiner, Art Unit 2688