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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, the limitations “at least one divider” as recited in claim 9 line 3 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 6-8 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 6 recites the limitations “a stop member” in line 6. It is unclear as to which of the “first stop member” or the “second stop member” is being referred to. Appropriate clarification is required.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Gilson (US 2021/0369563 A1).
Referring to claim 1. Gilson discloses a dispensing system (10; Figure 2), the dispensing system (10) comprising:
a dispenser arrangement (as shown in Figure 3) having a plurality of dividers (plurality of members 40; Figure 1), each divider of the plurality of dividers (40; Figure 1) comprising:
a base (top wall of 40) having a first base surface (top surface of top wall of 40 in the upward pointing direction) opposite a second base surface (bottom surface of top wall of 40 in the downward pointing direction);
an array of partitions (radial partitions of 20, separating each medication; Figure 1) extending from the second base surface (bottom surface of top wall of 40 in the downward pointing direction), each partition of the array of partitions (radial partitions of 40, separating each medication; Figure 1) defining a leading partition surface (left side surface of radial partition of 40) and a following partition surface (right side surface of radial partition of 40);
a first stop member (180; Figure 5);
a second stop member (170; Figure 5), the second stop member (170; Figure 5) of one divider (40; Figure 1) of the plurality of dividers (plurality of members 40; Figure 1) configured to engage the first stop member (180; Figure 5) of another divider (40; Figure 1) of the plurality of dividers (plurality of members 40; Figure 1) to prevent relative movement between the dividers (40); and
an opening (opening formed in the top wall of 40; Figure 5) formed in the base (top wall of 40) and extending through each of the first (top surface of top wall of 40 in the upward pointing direction) and second base surfaces (bottom surface of top wall of 40 in the downward pointing direction).
Referring to claim 2. Gilson discloses a dispensing system (10; Figure 2), the dispensing system (10) comprising:
wherein the dispenser arrangement (as shown in Figure 3) defines a plurality of compartments (compartments of 40; Figure 1), and wherein one compartment of the plurality of compartments is at least partially defined by each of:
the first base surface (top surface of top wall of 40 in the upward pointing direction) of a first divider (40; Figure 1) of the plurality of dividers (plurality of members 40; Figure 1);
the second base surface (bottom surface of top wall of 40 in the downward pointing direction) of a second divider (adjacent member 40; Figure 1) of the plurality of dividers;
the leading partition surface (left side surface of radial partition of 40) of a first partition of the array of partitions of the second divider (adjacent member 40; Figure 1); and the following partition surface (right side surface of radial partition of 40) of a second partition of the array of partitions of the second divider (adjacent member 40; Figure 1).
Referring to claim 3. Gilson discloses a dispensing system (10; Figure 2), the dispensing system (10) comprising:
a housing (housing 20; Figure 3) dimensioned to enclose the dispenser arrangement (as shown in Figure 3), the housing (housing 20) including a housing base (30) and a housing cover (50), wherein the housing cover (50) is configured to be coupled to the housing base (30).
Referring to claim 4. Gilson discloses a dispensing system (10; Figure 2), the dispensing system (10) comprising:
wherein each opening (opening formed in the top wall of 40; Figure 5) of the plurality of dividers (plurality of members 40; Figure 1) is dimensioned to be aligned in an axial direction to form a dispensing passageway (see aligned opening in Figure 50).
Referring to claim 5. Gilson discloses a dispensing system (10; Figure 2), the dispensing system (10) comprising:
wherein the leading partition surface (left side surface of radial partition of 40) is configured to push a pill (by rotating) toward the dispensing passageway (see aligned opening in Figure 50) so that the pill (medication) can pass through at least one of the dividers (40; Figure 1) via the at least one divider’s opening (opening formed in the top wall of 40; Figure 5).
Referring to claim 6. Gilson discloses a dispensing system (10; Figure 2), the dispensing system (10) comprising:
wherein the dispenser arrangement (as shown in Figure 3) includes a capping disk (topmost member of disk 40; Figure 5), the capping disk comprising:
a base (top wall of 40) having a first base surface opposite (top surface of top wall of 40 in the upward pointing direction) a second base surface (bottom surface of top wall of 40 in the downward pointing direction);
an array of partitions (radial partitions of 40, separating each medication; Figure 1) extending from the second base surface (bottom surface of top wall of 40 in the downward pointing direction) of the capping disk (topmost member of disk 40; Figure 5); and a stop member (170),
the stop member (170) configured to engage the first stop member (180) of a divider (40; Figure 1) of the plurality of dividers (plurality of members 40; Figure 1) to prevent relative movement between the divider (40; Figure 1) and the capping disk (topmost member of disk 40; Figure 5).
Referring to claim 7. Gilson discloses a dispensing system (10; Figure 2), the dispensing system (10) comprising:
wherein the capping disk (topmost member of disk 40; Figure 5) is in communication with an actuator (including members 50,70 and 140; Figure 3) configured to rotate the capping disk (topmost member of disk 40; Figure 5), and wherein the capping disk is configured to cause one or more dividers (40; Figure 1) of the plurality of dividers (plurality of members 40; Figure 1) to rotate when the stop member (170) of the capping disk (topmost member of disk 40; Figure 5) engages the first stop member (170) of one of the dividers (adjacent member 40; Figure 1).
Referring to claim 8. Gilson discloses a dispensing system (10; Figure 2), the dispensing system (10) comprising:
wherein the actuator (including members 50,70 and 140; Figure 3) is in communication with a controller (a controller; The timer lock may be designed to be pre-programmed by the pharmacist, technician, or authorized user for the prescribed dosing interval; Para. [0045]), the controller configured to receive dispensing instructions (preprogramed instructions; Para. [0045]).
Claim 9 is rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Varis (US 2003/0127463 A1).
Referring to claim 9. Varis discloses a dispensing system (Figure 1), the dispensing system comprising:
a dispenser arrangement (interior members of dispenser of Figure 1) that defines a rotation axis (14a), the dispenser arrangement comprising:
at least one divider (base disc 30,50; Figure 1) defining a base surface (surface of 30) and a dispensing opening (33) extending through the base surface;
a static support (housing of 1 and 10) coupled to the at least one divider (base disc 30,50; Figure 1), the static support (housing of 1 and 10) extending in an axial direction and offset (at the perimeter of 1 and 10) from the rotation axis (rotation axis of 14a);
a plurality of sub-cartridges (20,40; Figure 1), each sub-cartridge of the plurality of sub-cartridges (20,40; Figure 1) is separated by the at least one divider (base disc 30,50; Figure 1), each sub-cartridge of the plurality of sub-cartridge (20,40; Figure 1) includes partitions (partitions defining compartment 27,47; Figure 2) that extend radially from a central hub (26a) of the sub-cartridge (20,40; Figure 1), the central hub (26a) includes a keyway or tab (25,45) configured to engage a corresponding tab or keyway of a drive shaft (14a,14b) to rotationally drive the plurality of sub-cartridges (20,40; Figure 1); and
a plurality of compartments (26 and 47; Figure 2) configured to retain a dispensable item (60), each of the plurality of compartments (26 and 47; Figure 2) is formed by two partitions (26c and 26d) and the base surface (surface of 30) of the at least one divider (base disc 30,50; Figure 1).
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 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Varis (US 2003/0127463 A1)(alone).
Referring to claim 10. Varis discloses a dispensing system (Figure 1), the dispensing system comprising:
wherein the at least one divider (base disc 30,50; Figure 1) includes at least two dividers (30 and 50) and the number of dividers is equal to the number of sub-cartridges (20,40; Figure 1).
Varis does not specifically disclose the number of dividers is one less than the number of sub-cartridges.
It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Varis to remove the bottommost divider in the dispenser arrangement such that the number of dividers is one less than the number of sub-cartridges because using the base surface of the base as a divider would reduce the number of parts in the dispenser and thus reduce the overall cost the dispenser.
Referring to claim 11. Varis discloses a dispensing system (Figure 1), the dispensing system comprising:
wherein the partitions (partitions defining compartment 27,47; Figure 2) are angularly separated (see Figure 2) from each other about the rotation axis (axis of 14b) by a set angle (see angle of compartments), and the dispensing openings (33) of adjacent dividers (base disc 30,50; Figure 1) are angularly offset from each other about the rotation axis by the set angle (with respect to the compartments).
Referring to claim 12. Varis discloses a dispensing system (Figure 1), the dispensing system comprising:
wherein the at least one divider (base disc 30,50; Figure 1) includes radial tabs (25,45 in member 30; Figure 1) that engage the static support (support of housing of 1 and 10).
Referring to claim 13. Varis discloses a dispensing system (Figure 1), the dispensing system comprising:
a motor (18; Figure 4); and
a motor controller (19; Figure 4) configured to control the motor based on dispensing instructions ([Para. [0043]).
Allowable Subject Matter
Claims 15-20 are allowed.
Claim 14 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM EST.
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, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RAKESH KUMAR/Primary Examiner, Art Unit 3651
Prosecution Insights