v0-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 § 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.
Claim 35 line “the aperture” in (ii) lacks antecedent basis as it is unclear which aperture this refers to.
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.
Claim(s) 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinstein (US 4971203) in view of Jacobs (US 20120330684)
Weinstein discloses
20. A replaceable replenishment container for a pill counting device, the replaceable replenishment container comprising:
a product container 1, 3 comprising a first open end, wherein the product container is configured to receive a plurality of pills via the first open end; and
a sleeve 111 comprising (a) a second open end 119 and (b) a sleeve face opening (117) in at least one face of the sleeve, wherein the sleeve is configured to receive and retain the product container by inserting the second open end of the sleeve over the first open end of the product container, wherein the sleeve comprises a latch assembly (123, 121) configured to retain the product container in a closed position or an open position,
wherein the product container (1, 3) is configured to slide between the closed position and the open position via the second open end of the sleeve (see arrows in Figs. 8-10)
wherein the second open end of the sleeve is larger than the first open end of the product container, wherein a shape of the sleeve enables overlapping of the sleeve with respect to the product container such that the sleeve is covered by the product container while in the closed position, and wherein (i) while in the closed position, at least one face of the product container covers the sleeve face opening (117) in the at least one face of the sleeve and (ii) while in the open position, the sleeve face opening (117) in the at least one face of the sleeve is at least partially unobstructed by the at least one face of the product container to allow release of the plurality of pills to the pill counting device and via the sleeve face opening (117, Fig. 9) in the at least one face of the sleeve (Weinstein discloses that the container can be tilted or tipped in a way that the pills can be dispensed from the container; c4: 25-38; Weinstein is silent to pills be released to a pill counting device; Jacobs discloses a counting device 100 that receives bulk pills for counting, validation, and distribution to patients; Fig. 1, par. 88, 90, 95; it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Jacobs for further verification and counting of the pills for safety before distribution to patient; furthermore, it has been held that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252; while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function; MPEP 2114; In re Schreiber, 128 F.3d 1473; in this case, releasing to a pill counting device is a function that need not to be performed by the claimed container).
21.20 wherein the latch assembly of the sleeve comprises an aperture (123, 121) configured to receive a resilient button (protrusion) of the product container, wherein, when the resilient button is aligned with the aperture, the resilient button is configured to protrude through the aperture to prevent movement of the product container relative to the sleeve (c4: 8-14: “FIG. 9 shows a childproof dispenser of the present invention wherein cap member 11 has top 113 and side wall 115. Cap dispensing orifice 117 is also included as well as opening 119. In this embodiment, vertical track 121 and horizontal track 123 are formed inside cap member 111 so that an elongated tubular body (not shown) with a protrusion may receive cap member 111. In other words, this would be very much like the product shown in FIG. 1 except that the tracks or grooves are now located in the cap and the protrusion is located on the elongated tubular body.”).
36.20, wherein the product container comprises a closed end opposite the first open end, and the closed end comprises a removable lid or a hinged lid (the cap 15 in Weinstein is a lid).
38.20, wherein the sleeve face opening is configured to align with an opening in a sliding gate of a docking assembly, when the replaceable replenishment container is installed in the docking assembly and in the open position, to allow the plurality of pills to transfer into the pill counting device (the sleeve face opening of Weinstein is capable of being aligned with any opening or passage of any apparatus including a pill counting device. MPEP 2114; In re Schreiber, 128 F.3d 1473 (while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function)).
Claim(s) 22, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinstein (US 4971203) Jacobs (US 20120330684) further in view of Bartur (US 6004020)
Re claim 22.20, Weinstein further discloses that “Elongated tubular body 1 may have any cross sectional configuration and, in particular, circular, oval, square and rectangular are shapes which may be used for the dispensing of pills or other articles of similar shape such as square or elongated antacid tablets or oval vitamin pills or round aspirin”
Weinstein is silent to wherein the sleeve comprises channel guides configured to align with guide channels on a docking assembly of the pill counting device when inserted into the docking assembly (Fig. 1).
Bartur discloses wherein the sleeve comprises channel guides (see grooves 73) configured to align with guide channels on a docking assembly of the pill counting device when inserted into the docking assembly.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Bartur for securing the sleeve and container to the dock for counting.
Note that it has been held that while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function; MPEP 2114; In re Schreiber, 128 F.3d 1473; in this case, the modified Weinstein/ Jacobs/ Bartur teachings suggest that a container sleeve is capable of having channel guides and the container/sleeve combination does not need to release to a pill counting device since the claimed matter is a container.
24.20, wherein the sleeve and the product container each comprise tabs (see tabs at notch 94 in Bartur, Fig. 1) that align when in the closed position, wherein a connection mechanism may be inserted through the tabs of the sleeve and the product container to prevent separation of the sleeve and the product container.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinstein (US 4971203) Jacobs (US 20120330684) Bartur (US 6004020) in view of Pether (US 20160058661)
Re claim 23.22, Bartur is silent to a sleeve comprises a locking tab configured to interface with a locking solenoid of the docking assembly to secure the sleeve to the docking assembly
Pether discloses sleeve comprises a locking tab (360) configured to interface with a locking solenoid of the docking assembly 310 to secure the sleeve to the docking assembly (Fig. 16, par. 85, 104)
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Pether by providing a tab similar to Pether so that the container and the sleeve can be further prevented from unauthorized separation.
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinstein (US 4971203) Jacobs (US 20120330684) in view of Raj (WO 2010073010)
Re claim 35.20, Weinstein is silent to wherein the sleeve comprises a magnet configured to secure the replaceable replenishment container to a docking assembly of the pill counting device.
Raj discloses a magnet 11 is known to be attached to a sleeve 2 which is capable of being used for securing to a docking assembly of a pill counting device. MPEP 2114; In re Schreiber, 128 F.3d 1473 (while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Raj so that the container/sleeve assembly can be attached to any metallic or magnetic surface or device for dispensing or replenishment as desired.
Claim(s) 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinstein (US 4971203) Jacobs (US 20120330684) in view of Hawry (US 20200115102)
Re claim 37.20, Weinstein is silent to claim 37 limitations.
Hawry discloses a container and sleeve assembly comprising
(i) the latch assembly of the sleeve comprises (a) an aperture (230) configured to receive a resilient button (170) of the product container, (b) a closed position aperture, and (c) an open position aperture (the apertures 230 can be in open or close position apertures),
(ii) the resilient button 170, when aligned with the aperture, is configured to protrude through the aperture to prevent movement of the product container relative to the sleeve (Figs. 2-9), and
(iii) the resilient button is configured to align with (a) the closed position aperture when the product container is in the closed position and (b) the open position aperture when the product container is in the open position (button can inherently occupy or align with top open position aperture 230 in Fig. 4 in an open position and the button can align with the bottom close position aperture as seen in Fig. 2)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Hawry so that the container can be latched with the sleeve using button and notches as alternative interlocking means.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of new ground of rejection.
Conclusion
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.
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/THIEN T MAI/ Primary Examiner, Art Unit 2876
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