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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/22/2024 was considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. A certified copy of application NL2031839 was filed on 10/22/2024.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 38 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 38 recites two alternatives,
A. wherein the one or more guide bodies are mechanically adjustable to vary the dimensions of the dispensing path defined by said one or more guide bodies between the first configuration state and the second configuration state; and/or
B. wherein the adjustable medication dispensing container comprises an actuator element for mechanically adjusting the one or more guide bodies, wherein the actuator element comprises hygroscopically expandable material.
The specification and drawings do not reasonably convey to one skilled in the relevant art how the dispensing mechanism of the alternative, “A” alone, is performed to adjustably vary the dispensing path defined by said one or more guide bodies between a first configuration state and a second configuration state from instructions generated by a control unit. This alternative lacks an actuator as the actuator is only present in the second alternative. In addition, the specification generally mentions “suitable actuators” without providing further guidance on the type of actuators that can be used and how they are implemented in the dispensing mechanism, and the drawings do not provide addition information regarding this alternative.
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.
Claim 36 is 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 36 recites “generating … an instruction for adjusting dimensions … wherein the adjustable medication dispensing container is adjusted” does not clearly define whether actual adjustment of the container is a required method step or merely describing the intended content or purpose of the generated instruction. The claim also does not clearly define the relationship between the generated instruction and actual adjustment. Therefore, it is unclear whether the claimed method is completed upon generation of the instruction, upon actual adjustment of the container or only when both occur.
Claim 38 is 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 38 recites “wherein the one or more guide bodies are mechanically adjustable to vary the dimensions of the dispensing path defined by said one or more guide bodies between the first configuration state and the second configuration state” in the first alternative, “A” alone. It is not clear how the dispensing mechanism effects this adjustment without some type of actuator present, or if manually adjustable by a pharmacist, what mechanism allows this adjustment to be performed.
Additionally, claim 38 recites “mechanically adjusting the one or more guide bodies, wherein the actuator element comprises hygroscopically expandable material” in the second alternative. Claim 38 allows the actuator element to comprise hygroscopically expandable material that mechanically responds to humidity. The specification states the actuator element 199 expands under relative humidity and drives segments 196 outward. No deliberate control unit instruction appears to be necessary for that adjustment. It is unclear whether the adjustment required by the incorporated claim 36 must occur in response to the control unit’s generated instruction or may instead occur independently through the expansion of the hygroscopically expandable material. Therefore, the claim fails to define the required relationship between the generated instruction and the resulting mechanical adjustment.
Allowable Subject Matter
Claims 1, 7, 10, 12-15, 19, 26, 29, 31, 33-35, 41 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
'T Lam (US 10173830) discloses a plurality of medication dispensing containers that are used to hold and discharge a specific medicament. Each container has passageways dimensioned to allow a specific medicament with corresponding dimensions (col. 15, line 36 to col. 16, line 8; Figs. 4-5).
KOIKE et al. (US 20240122810 A1) discloses a tablet cassette having an adjustable tablet guide path whose depth, height, and width can be adjusted according to a stored tablet's known shape or size, including adjustment based on target dimensions retrieved from a tablet-master database and a manual or motor driven adjustment mechanism (para. [0084]-[0085], [0132]; Fig. 9).
MACVITTIE et al. (US 20160107820 A1) discloses an intelligent pill dispenser having a removable dispensing cartridge, a controller, and a temperature and humidity sensor that supplies ambient condition signals to the controller. MacVittie further teaches comparing detected temperature or humidity with a stored threshold and preventing operation of the dispensing motor when the threshold is exceeded (para. [0027], [0040]).
Shoenfeld (US 20090231132 A1) discloses a hospital refrigerator having a temperature and relative humidity sensors connected to a microprocessor, which compares the measured conditions with preset limits and disables a remotely operated refrigerator locker generates an alert when adverse condition is detected (para. [0048]-[0049].
HAYAKAWA (US 20240197565 A1) discloses a pill container with pill pockets dimensioned to accommodate pills with dimensional variation that may be caused by manufacturing accuracy or expansion due to moisture of the surrounding environment (para. [0087]-[0090]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEMESGEN M. MARU whose telephone number is (571)272-0039. The examiner can normally be reached Monday -Friday 8:00AM-5:00PM.
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/TEMESGEN M. MARU/Patent Examiner, Art Unit 3655
/JACOB S. SCOTT/Supervisory Patent Examiner, Art Unit 3655
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