The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This is in response to application filed on 7/26/24, in which Claims 1-19 are presented for examination of which Claims 1 and 12 are in independent form.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-16 of U.S. Patent No. US 12387541 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because: broader claims in a later application constitute obvious double patenting of narrow claims in an issued patent. See In re Van Ornum and Stang, 214, USPQ 761, 766, and 767 (CCPA) (the court sustained an obvious double patenting rejection of generic claims in a continuation application over narrower species claims in an issued patent); In re Vogel, 164 USPQ 619, 622, and 623 (CCPA 1970) (generic application claim specifying "meat" is obvious double patenting of narrow patent claim specifying "pork").
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 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.
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 of this title, 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.
Claims 1-7, 11-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Mensing et al. (Mensing; US 20230172353 A1) in view of Nguyen et al. (Nguyen; US 20070135965)).
Regarding Claim 1, Mensing discloses an asset management device (Abstract, Fig 1A) comprising:
an enclosure (40 of figs 1A cabinet);
a plurality of storage units supported in the enclosure (65, 67 of Fig 1A), each storage unit having a storage unit release mechanism (270A-N of Fig 42 drawer controller) configured to switch the storage unit between an accessible position and a secure position ([0168] drawer controller 270 can be coupled to the one or more latches 250 included in the drawer housing 160 to control up to n-number of electromechanical latches (e.g., the first latch 250A, the second latch 250B, and others) to unlock and lock up n-number of individual drawers); and
a control system (including 125 of Fig 42 central control unit) configured to:
determine a storage unit configuration for the device based on the storage unit release mechanism ([0182] microcontroller 295 of the controller 270 can determine the configuration of the module (e.g., can determine the size and location of the drawer) and communicate it to the central control unit 125 via the communication line 720);
drawer controller 270 can be coupled to the one or more latches 250…to unlock and lock up n-number of individual drawers), but does NOT specify in response to an access request: identify a designated storage unit of the plurality of storage units; release the storage unit release mechanism for the designated storage unit to allow access to the designated storage unit.
In the same field of endeavor, Nguyen discloses a system for storing items and tracking usage of items in a user configurable medication dispensing cabinet. Items are stored in a tray or drawer having user-adjustable storage spaces. A graphical user interface comprising a touch screen enables users to rapidly customize the layout of storage spaces, which allows a wide variety of shapes and sizes of items to be stored in the tray. A kit of items that are identified in advance may be removed more efficiently by ordering removal based on the location of the storage spaces in which the items are stored.
Nguyen discloses determining, for each drawer unit, a compartment configuration ([0059] Before items are stored in a configurable drawer 16, information regarding the layout of the storage spaces of the drawer is provided to the control unit 18 so that the processor of the control unit is aware of the configuration of the drawer so that the proper association can be made between drawer layout and items stored therein can be made. Such storage space-specific information can include the size, quantity, and/or location of the storage spaces 40 in the drawer); and in response to an access request ([0053] a user requests an item): identify a designated storage unit of the plurality of storage units ([0059] when an item is requested by a user, the appropriate drawer can be selected and unlocked by the control unit and the location of the selected storage space can be communicated to the user); release the storage unit release mechanism for the designated storage unit to allow access to the designated storage unit ([0059] processor can unlock the lid to allow access to the drug or item stored therein).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Mensing with Nguyen using a release request in order to provide a system for storing items and tracking item usage allowing for greater flexibility and ease in reconfiguring the number, size, and location of containers in storage drawers of a medication dispensing cabinet while reducing the potential for tracking errors to occur, as suggested by Nguyen ([0012]).
Regarding Claims 2 and 13, Mensing discloses each storage unit comprises one of: a drawer unit having a plurality of compartments and a locker unit having a front door (Fig 1A).
2>Regarding Claims 3 and 14, Mensing discloses determining a compartment configuration of the plurality of compartments of the drawer unit; identifying a designated compartment based on the determined compartment configuration ([0182] microcontroller 295 of the controller 270 can determine the configuration of the module (e.g., can determine the size and location of the drawer) and communicate it to the central control unit 125 via the communication line 720).
Nguyen teaches, in response to an access request, the control system is further configured to, when the designated storage unit is a drawer unit, release a compartment door for the designated compartment to allow access to the designated compartment ([0059] information regarding the layout of the storage spaces of the drawer is provided to the control unit 18 so that the processor of the control unit is aware of the configuration of the drawer so that the proper association can be made between drawer layout and items stored therein can be made. Such storage space-specific information can include the size, quantity, and/or location of the storage spaces 40 in the drawer…when an item is requested by a user, the appropriate drawer can be selected and unlocked by the control unit and the location of the selected storage space can be communicated to the user).
2>Regarding Claims 4 and 15, Mensing discloses wherein to determine the storage unit configuration, the control system is configured to determineautomatically determine a configuration (e.g., size, location, or the like)).
Nguyen teaches determining a number of drawer units and a number of locker units ([0005] a drawer number and container number are indicated on the display; [0059] storage space-specific information can include the size, quantity, and/or location of the storage spaces).
2>Regarding Claims 5 and 16, Mensing discloses a lock (not shown in FIG. 1A) can be coupled to the left door 46 and the right door 48 to prevent them from opening).
Nguyen teaches discloses wherein to release the storage unit release mechanism for the locker unit, the control system releases doors ([0059] processor can unlock the lid to allow access to the drug or item stored therein).
5>Regarding Claim 6, Mensing discloses wherein the storage unit release mechanism includes a biasing mechanism to bias the spring 331 can have an extended configuration and a contracted configuration. The spring 331 can be biased towards an extended configuration). And teaches a lock for the front door ([0076] a lock (not shown in FIG. 1A) can be coupled to the left door 46 and the right door 48 to prevent them from opening).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Mensing using a biasing mechanism for the front door in order to provide effective securing means using readily available components to perform well-known methods for locking configurations.
2>Regarding Claims 7 and 17, Mensing discloses wherein the control system is further configured to: obtain, aDepending on the match between the sensors 600 and sensor operators 500, the microcontroller 295 of the controller 270 can determine the configuration of the module (e.g., can determine the size and location of the drawer) and communicate it to the central control unit 125 via the communication line 720).
Nguyen teaches obtaining, as part of the access request, dimensions of an item to be stored ([0059] Before items are stored in a configurable drawer 16, information regarding the layout of the storage spaces of the drawer is provided to the control unit 18 so that the processor of the control unit is aware of the configuration of the drawer so that the proper association can be made between drawer layout and items stored therein can be made. Such storage space-specific information can include the size, quantity, and/or location of the storage spaces 40 in the drawer…when an item is requested by a user, the appropriate drawer can be selected and unlocked by the control unit and the location of the selected storage space can be communicated to the user).
Regarding Claims 11 and 19, Mensing discloses a communications interface to communicate with one or more of: a user device; a server to manage inventory; and a further asset management device ([0167] central control unit 125 can be located on the workstation 100 and it can interface with all drawer housings coupled to the workstation 100 via a shared bidirectional data bus 410-411).
Regarding Claim 12, Mensing discloses a method of operating an asset management device (Abstract, Fig 1A), the method comprising:
determining a storage unit configuration for a plurality of storage units in the asset management device ([0182] microcontroller 295 of the controller 270 can determine the configuration of the module (e.g., can determine the size and location of the drawer) and communicate it to the central control unit 125 via the communication line 720);
releasing a storage unit release mechanism for the designated storage unit to allow access to the designated storage unit ([0168] drawer controller 270 can be coupled to the one or more latches 250…to unlock and lock up n-number of individual drawers); but doesn’t specify in response to an access request: identify a designated storage unit of the plurality of storage units; release the storage unit release mechanism for the designated storage unit to allow access to the designated storage unit.
Nguyen discloses determining, for each drawer unit, a compartment configuration ([0059] Before items are stored in a configurable drawer 16, information regarding the layout of the storage spaces of the drawer is provided to the control unit 18 so that the processor of the control unit is aware of the configuration of the drawer so that the proper association can be made between drawer layout and items stored therein can be made. Such storage space-specific information can include the size, quantity, and/or location of the storage spaces 40 in the drawer); and in response to an access request ([0053] a user requests an item): identify a designated storage unit of the plurality of storage units ([0059] when an item is requested by a user, the appropriate drawer can be selected and unlocked by the control unit and the location of the selected storage space can be communicated to the user); release the storage unit release mechanism for the designated storage unit to allow access to the designated storage unit ([0059] processor can unlock the lid to allow access to the drug or item stored therein).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Mensing with Nguyen using a release request in order to provide a system for storing items and tracking item usage allowing for greater flexibility and ease in reconfiguring the number, size, and location of containers in storage drawers of a medication dispensing cabinet while reducing the potential for tracking errors to occur, as suggested by Nguyen ([0012]).
Allowable Subject Matter
Claims 8-10 and 18 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a. Dattamajumbar et al. (US 20210304122 A1) discloses an inventory tracking system includes storage modules that hold items. Each item is positionable at locations within the storage modules independent of physical characteristics of the item. Inventory monitoring modules are included to monitor storage modules for adding an item, retrieving an item, consuming of the item, returning an unused item, discarding at least a portion of a consumed item. Each storage module updates a central inventory database about a location of the storage module.
b. Rahilly (US 20130320820 A1) discloses a single-item-access (SIA) sub-drawer is disclosed that has a body with a compartment and a lid that is selectably securable in a closed position that encloses the compartment. The SIA sub-drawer includes a lid latch configured to secure and selectably release the lid and a sub-drawer latch configured to engage and selectably release a retention hook to secure the SIA sub-drawer to a dispensing cabinet. The SIA sub-drawer also includes a processor configured to cause the lid latch to release the lid upon receipt of a lid release signal and to cause the sub-drawer latch to release the retention hook upon receipt of a sub-drawer release signal.
c. Highman et al. (US 5805456 A) discloses a dispensing unit having an enclosure with an interior. A plurality of storage locations are distributed over a surface of the enclosure. Sensors associated with at least some of the individual storage locations are provided. The unit further includes a multiplicity of receptacles disposed within the storage locations. Sensors associated with at least some of the individual receptacles are provided. A processor is disposed on the enclosure and connected to receive signals from the storage location-associated sensors and the receptacle-associated sensors.
d. Campbell et al. (US 20100106291 A1) discloses a multi-drawer and doored vending system in which each drawer has one or a plurality of compartments each holding an items to be vended, and each doored compartment contains an item for vending. Drawer control is provided by a drawer opening and position control system comprising an array of spaced apart control tabs on each drawer, and drawer lock.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S RUSHING whose telephone number is (571)270-5876. The examiner can normally be reached on 10-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK S RUSHING/Primary Examiner, Art Unit 2689