DETAILED ACTION
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 .
Specification
The disclosure is objected to because of the following informalities: status of the parent applicant 17/520,516 should be provided in the background of the invention.
Appropriate correction is required.
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.
Claims 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (2021/0186,817) in view of Ederer et al. (US 20150266238 A1), Freiderikos et al. (2020/0188307) and Tanio et al (US 20180326747 A1).
Huang et al. discloses a permeable spraying device for 3D printing drug tablets, comprising:
a tablet spraying device 2 with a colloid spraying equipment 21, a plurality of nozzles 2102, and a flattening device 3,
a medicine powder filling container 25 being communicated to the nozzle 2102, the medicine powder filling container containing a plurality of medicine powders [0021], the medicine powders being sprayed and printed through the nozzle, and then the medicine powders being pressed and flattened through the flattening device 3 to cause the medicine powders to form a drug tablet [0021];
a plurality of colloid carriers 24 are provided for each of the colloid spraying equipment 21 for accommodating medicinal colloid 240 (refer to FIG. 4), and the placement platform 23 is provided with a plurality of supplementary colloid carriers 25, each of the supplementary colloid carriers 25 is provided with a pressure controller 26, which is equivalent to the micro-control unit, connected to the colloid carrier 24 to automatically replenish the colloid 240, [0021].
However, Huang et al. fails to teach that 1) the tablet spraying device having a roller and a piezoelectric nozzle.
Ederer et al. discloses a 3D printing apparatus, comprising a piezoelectric printing system 100 with one or more piezoelectric nozzles 400 connected to a piezoelectric actuator [0022] containing printing fluid connected to a fluid system [0058], connected to a piezoelectric drive and a fluid system for distributing the fluid, a roller 1700 is in contact with the print head 100, a controller connected to the piezoelectric nozzle for controlling the distribution of the fluid material.
It would have been obvious to one of ordinary skill in the art to replace Huang et al. printing nozzle with a piezoelectric nozzle, and by replaced the flattening device with a roller as taught by Ederer et al. so that the distribution of the fluid material can be electronically controlled while the roller would be easier to create a continuous flattening surface as it rolls along the powder bed than a flat bar.
Huang et al. also fails to disclose 2) a fan filter module, a sealed chamber and a temperature control unit.
Freiderikos et al. discloses a system for producing pharmaceutical objects via 3D printing, comprising a 3D printing machine 2 with a mechanical system 3 movable in one or more directions, at least one print head 5 with a nozzle 37 being movable by the mechanical system and a base system 4 carrying a print base 6 for receiving a prepared mixture 27 applied by the print head 5 within a printing chamber 7, wherein the printing chamber 7 includes an air filter 13, an activated carbon filter 19 and a cooling fan 44 for circulating and purifying the air inside the chamber 7, [0257], while a vacuum pump 20 and a negative pressure container 21 contribute to the creation of a vacuum or the appropriate pressure conditions [0208], wherein all the tablet 3D printing apparatus is supported inside a sealed vacuum chamber – claim 22.
Freiderikos et al. further discloses a temperature control system 68 connected with air ducts 5, channels 54 and a fan 55.
It would have been obvious to one of ordinary skill in the art to provide Huang et al. with a filter and/or vacuum pump inside a sealed chamber and a temperature control system as taught by Freiderikos et al. in order to regulate and maintain the temperature and the atmosphere within the printing chamber.
Huang et al. also fails to disclose 3) a one-way valve for transferring the formed tablets to a collecting area, and a transition area adjacent to the collecting area, and the drug tablet being transferred from the collecting area.
Tanio discloses a tablet printing apparatus, comprising a printing unit 50, a carrying device 20 for supporting and conveying the formed tablets Tb through the printing unit 50, a drying unit 53, an ejecting device 60 ejecting the tablets from the convey device 20, collecting trays 71, 72, and storing device 80 for storing the tablets collected from the trays 71, 72. Tanio also discloses that the tablet is sucked and held on the carrying belt which is equivalent to the one-way valve for sucking on the tablets are sucked one by one with intervals in between, since the sensor can detect the arrivals of each tablet, printing can be performed one by one on each tablet based on this detection, enabling a manufacturing of the tablet on which a character or a marking for identification is printed [0008].
It would have been obvious to one of ordinary skill in the art to provide Huang et al. with a collecting tray, a vacuum means under the belt for conveying the formed tablets, and a storing device as taught by Tanio in order to collect and storing the printed tablets.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of co-pending application No. 17/520,516 in view of Freiderikos et al. (2020/0188307).
Claim 16 discloses an oral drug tablet manufacturing device comprising:
a tablet manufacturing area including a tablet spraying device, the tablet spraying device having a roller and a piezoelectric nozzle, and a medicine powder filling container communicating with the piezoelectric nozzle, the medicine powder filling container containing a plurality of medicine powders wherein the medicine powders are sprayed through the piezoelectric nozzle to be pressed by the roller to form a drug tablet;
a fan filter module for forming a negative pressure in the tablet manufacturing area;
a micro-control unit disposed in the piezoelectric nozzle, the micro-control unit including a storage module for storing tablet spray information, and an execution control module for controlling the tablet spraying device;
a collecting area adjacent to the tablet manufacturing area, the collecting area being configured to collect the drug tablet;
a colloid filling container communicating with the piezoelectric nozzle, and the colloid filling container containing a colloid and performing a spraying and printing operation through the piezoelectric nozzle; and
a transition arca adjacent to the collecting arca,
wherein the drug tablet is transferred from the collecting area to the transition area via a one-way valve; and
wherein the tablet manufacturing area and the collecting area are located in a sealed cavity.
However, claim 16 fails to disclose a temperature control unit.
Freiderikos et al. discloses a system for producing pharmaceutical objects via 3D printing, comprising a 3D printing machine 2 with a mechanical system 3 movable in one or more directions, at least one print head 5 with a nozzle 37 being movable by the mechanical system and a base system 4 carrying a print base 6 for receiving a prepared mixture 27 applied by the print head 5 within a printing chamber 7, wherein the printing chamber 7 includes an air filter 13, an activated carbon filter 19 and a cooling fan 44 for circulating and purifying the air inside the chamber 7, [0257], while a vacuum pump 20 and a negative pressure container 21 contribute to the creation of a vacuum or the appropriate pressure conditions [0208], wherein all the tablet 3D printing apparatus is supported inside a sealed vacuum chamber – claim 22, and a temperature control system 68 connected with air ducts 5, channels 54 and a fan 55.
It would have been obvious to one of ordinary skill in the art to provide claim 16 with a temperature control system as taught by Freiderikos et al. in order to regulate and maintain the temperature within the printing chamber.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thu-Khanh T. Nguyen whose telephone number is (571)272-1136. The examiner can normally be reached 7:30-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen Hauth can be reached on 571-270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Thu Khanh T. Nguyen/Primary Examiner , Art Unit 1743
Prosecution Insights