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 .
Claim Rejections - 35 USC § 112
Claims 5,14 are 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.
Claims 5,14 recite the limitation "wherein the transfer gate”. There is insufficient antecedent basis for this limitation in the claim. Thus, the Examiner cannot determine the patentability of the claim since the claim is not understood.
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 1,6-8,10,16-17 rejected under 35 U.S.C. 103 as being unpatentable over St. Pierre et al. (US 2023/0011165).
Claim 1, St. Pierre (hereinafter Pierre) discloses a pill outflow port control nozzle assembly (fig.3) for an automated pill counting system having a pill outflow port (5) extending downward at an angle, said pill outflow port control nozzle assembly comprising: a port base (9) including a body (9) configured for attachment to the automated pill counting system (fig.3) and a substantially-vertical and downward facing nozzle (22) supported by the body (9) and having a substantially-vertical and downward extending passage therethrough from a top inlet opening (fig.8; top opening of 22) to a bottom outlet opening (bottom opening of 22; fig.8); and wherein an inner side the nozzle (22) facing the body (9) has an opening (figs.6-7) configured for receiving at least a portion of the pill outflow port (5) therein so that pills exiting the pill outflow port (5) enter the nozzle (22) and are directed substantially vertically downward toward the bottom outlet opening.
Although Pierre does not disclose a pill outflow port (5) extending outward at an angle, it would have been obvious to one of ordinary skill in the art before the effective filing date to implement such a configuration since a change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claim 6, Pierre discloses wherein the port base (9) has at least one slot (fig.3; slot created by outward protruding portion 18 and the non-protruding portion sides next to it) configured for receiving a portion of the automated pill counting system to attach the port base (9) to the automated pill counting system.
Claim 7, Pierre discloses wherein at least a portion of the nozzle (22) is configured as a funnel.
Claim 8, Pierre discloses wherein a bottom portion of the nozzle (22) is configured to be inserted into an opening of a pill bottle (10) for dispensing the pills into the pill bottle (figs.6-7,10).
Claim 10, Pierre discloses an automated pill counting, inventory, and validation system comprising: a support structure (29); a pill viewing tray (2) supported by the support structure (29) ; a funnel (fig.3; elongated portion directly below 2) supported by the support structure (29) and located adjacent the pill viewing tray (2) for dispensing pills from the pill viewing tray (2); a pill outflow port (5) at a lower end of the funnel (fig.3; elongated portion directly below 2) and extending downward at an angle; a pill outflow port control nozzle assembly comprising a port base (9) including a body secured forward of the pill outflow port (5) and a substantially-vertical and downward facing nozzle (22) supported by the body and having a substantially-vertical passage therethrough from a top inlet opening (top opening of 22) to a bottom outlet opening (bottom opening of 22); and wherein an inner side of the nozzle (22) facing the body has an opening (figs.6-7) configured for receiving at least a portion of the pill outflow port (5) therein so that pills exiting the pill outflow port enter the nozzle (22) and are directed substantially-vertically downward toward the bottom outlet opening (bottom opening of 22).
Although Pierre does not disclose a pill outflow port (5) extending outward at an angle, it would have been obvious to one of ordinary skill in the art before the effective filing date to implement such a configuration since a change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claim 16, Pierre discloses wherein at least a portion of the nozzle (22) is configured as a funnel.
Claim 17, Pierre discloses wherein a bottom portion of the nozzle (22) is configured to be inserted into an opening of a pill bottle (10) for dispensing the pills from the nozzle to the pill bottle (figs.6-7).
Claims 2-4,9,11-13,15 rejected under 35 U.S.C. 103 as being unpatentable over St. Pierre et al. (US 2023/0011165) in view of Warner (US 11,185,473).
Claim 2, Pierre does not disclose a lift gate configured to move between a blocking position which prevents the pills from entering the nozzle and a dispensing position which permits the pills to enter the nozzle.
Warner discloses a lift gate (18) configured to move between a blocking position which prevents the pills from entering the nozzle (19) and a dispensing position which permits the pills to enter the nozzle (19). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Pierre with a lift gate configured to move between a blocking position which prevents the pills from entering the nozzle and a dispensing position which permits the pills to enter the nozzle in order to effectively and efficiently control provision of tablets to the nozzle.
Claim 3, Pierre does not disclose wherein the lift gate manually moves between the blocking position and the dispensing position.
Warner discloses wherein the lift gate (18) manually moves between the blocking position and the dispensing position. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Pierre wherein the lift gate manually moves between the blocking position and the dispensing position in order to effectively and efficiently control provision of tablets to the nozzle.
Claim 4, Pierre does not disclose wherein the lift gate moves in the vertical direction between blocking position and the dispensing position.
Warner discloses wherein the lift gate (18) moves in the horizontal direction between blocking position and the dispensing position. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Pierre wherein the lift gate moves in the vertical direction between blocking position and the dispensing position in order to effectively and efficiently control provision of tablets to the nozzle.
Furthermore, although Warner does not disclose wherein the lift gate moves in the vertical direction, it would have been obvious to one of ordinary skill in the art to implement such a configuration since it requires routine skill in the art to configure a pill counter’s gate in any number of arbitrary positions for controlling how pills enter the nozzle.
Claim 9, Pierre discloses a pill outflow port control nozzle assembly for an automated pill counting system having a pill outflow port (5) extending downward at an angle, said pill outflow port control nozzle assembly comprising: a port base (9) including a body (9) configured for attachment to the automated pill counting system; a substantially-vertical and downward facing nozzle (22) supported by the body and having a substantially-vertical passage extending therethrough from a top inlet opening (fig.8; top opening of 22) to a bottom outlet opening (bottom opening of 22; fig.8); wherein at least a portion of the nozzle (22) is configured as a funnel (see figures); wherein an inner side of the nozzle (22) facing the body (9) has an opening (figs.6-7) configured for receiving at least a portion of the pill outflow port (5) therein so that pills exiting the pill outflow port (5) enter the nozzle (22) and are directed substantially vertically downward toward the bottom outlet opening; wherein a bottom portion of the nozzle (22) is configured to be inserted into an opening of a pill bottle (10) for dispensing the pills into the pill bottle.
Although Pierre does not disclose a pill outflow port (5) extending outward at an angle, it would have been obvious to one of ordinary skill in the art before the effective filing date to implement such a configuration since a change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Pierre does not disclose a lift gate configured to manually move within a passage in the port base in a substantially-vertical direction between a blocking position which prevents the pills from entering the nozzle and a dispensing position which permits the pills to enter the nozzle.
Warner discloses a lift gate (18) configured to manually move within a passage between a blocking position which prevents the pills from entering the nozzle (19) and a dispensing position which permits the pills to enter the nozzle (19). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Pierre with a lift gate configured to manually move within a passage in the port base in a substantially-horizontal direction between a blocking position which prevents the pills from entering the nozzle and a dispensing position which permits the pills to enter the nozzle in order to effectively and efficiently control provision of tablets to the nozzle.
Furthermore, although Warner does not disclose a lift gate configured to manually move within a passage in the port base in a substantially-vertical direction, it would have been obvious to one of ordinary skill in the art to implement such a configuration since it requires routine skill in the art to configure a pill counter’s gate in any number of arbitrary positions for controlling how pills enter the nozzle.
Claim 11, Pierre does not disclose a lift gate configured to move between a blocking position which prevents the pills from entering the nozzle and a dispensing position which permits the pills to enter the nozzle.
Warner discloses a lift gate (18) configured to move between a blocking position which prevents the pills from entering the nozzle (19) and a dispensing position which permits the pills to enter the nozzle (19). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Pierre with a lift gate configured to move between a blocking position which prevents the pills from entering the nozzle and a dispensing position which permits the pills to enter the nozzle in order to effectively and efficiently control provision of tablets to the nozzle.
Claim 12, Pierre does not disclose wherein the lift gate manually moves between the blocking position and the dispensing position.
Warner discloses wherein the lift gate (18) manually moves between the blocking position and the dispensing position. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Pierre wherein the lift gate manually moves between the blocking position and the dispensing position in order to effectively and efficiently control provision of tablets to the nozzle.
Claim 13, Pierre does not disclose wherein the lift gate moves in the vertical direction between blocking position and the dispensing position.
Warner discloses wherein the lift gate (18) moves in the horizontal direction between blocking position and the dispensing position. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Pierre wherein the lift gate moves in the vertical direction between blocking position and the dispensing position in order to effectively and efficiently control provision of tablets to the nozzle.
Furthermore, although Warner does not disclose wherein the lift gate moves in the vertical direction, it would have been obvious to one of ordinary skill in the art to implement such a configuration since it requires routine skill in the art to configure a pill counter’s gate in any number of arbitrary positions for controlling how pills enter the nozzle.
Claim 15, Pierre discloses wherein a plate (6) has slots (left and right slots by 8 & 19; fig.3) configured for receiving tracks (18 goes into 19) on left and right edges of the port base (9) to attach the port base.
Although Pierre discloses wherein the port base has slots configured for receiving tracks on left and right edges of a plate to attach the port base, it would have been obvious to one of ordinary skill in the art before the effective filing date to implement this limitation because there are only limited options of attached the port base to the plate which consists of either the port base has the tracks or the plate has the tracks, and such configuration does not impart any novelty on the claim limitation.
Conclusion
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/AYODEJI H OJOFEITIMI/Examiner, Art Unit 3651
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