0-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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/04/25 has been entered.
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)(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.
Claim(s) 20-21 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Weinstein (US 4971203).
Weinstein discloses
20. A replaceable replenishment container for a pill counting device, the replaceable replenishment container comprising:
a product container 1 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 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 from the product container (1) and via the sleeve face opening (117) in the at least one face of the sleeve (Fig. 9).
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.”).
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) 21, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weinstein (US 4971203) 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
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) 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.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of new ground of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN T. MAI whose telephone number is (571)272-8283. The examiner can normally be reached on M-F, 8-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Steve S. Paik can be reached at (571)272-2404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Thien T Mai/
Primary Examiner, Art Unit 2887