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 “a detection unit” as recited in claim 16 line 6 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Member element 183 is disclosed in the drawings Figure 2 however disclosure of the element 183 is not found in the specifications. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Dispenser and a method to dispense medication with a passing device.
Claim Objections
Claim 23 objected to because of the following informalities:
Claim 23 recites the limitations “The path through” in line 2. It is suggested the limitations be amended to read --the path through--. Appropriate correction is required.
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.
Claim 16 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 16 recites the limitations “characterized in that” in line 11. It is unclear as to what specifically is being characterized. The limitations are further considered narrative. 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 1-3,10 and 13 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Park Suh Jun (KR 20180010157 A).
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 16-27 are rejected under 35 U.S.C. 103 as being unpatentable over Park Suh Jun (KR 20180010157 A) in view of Jacobs (US 2017/0224585 A1).
Referring to claims 16 and 25. Park discloses a passing device (100; Figure 2) configured to be coupled to a container body (117) that accommodates content (5), the passing device (100; Figure 2) comprising:
a passing operation unit (120; Figure 2) configured to guide a movement of content (5);
a passing movement unit (123) that is rotatably installed (see rotary shaft 125; Figure 3) in the passing operation unit (120; Figure 2) and is moved so that the content passes therethrough (see Figures 7 and 8); and
a detection unit (including members 450,410 and 420; Figure 12) that is provided in the passing operation unit (120; Figure 2) and configured to detect the content discharged by rotation of the passing movement unit (configured to detect the passing of the contents aided by the rotation of the 123; Figure 14), wherein the detection unit includes a light receiving unit (420) and a light emitting unit (410), light emitted from the light emitting unit (410) passes through a path (path between two portions between members 450; Figure 14), through which the content is moved to be discharged (see Figure 24), and is detected by the light receiving unit (420).
Park does not disclose wherein the light receiving unit includes a first light receiving unit disposed at an upstream side of the path through which the content is moved to be discharged, and a second light receiving unit disposed at a downstream side of the path; the light emitting unit includes one or more light emitting units disposed to face the light receiving unit.
Jacobs disclose a pill speed and position sensor (Figure 1A) wherein the light receiving unit (105A and 105B) includes a first light receiving unit (105A) disposed at an upstream side of the path (see arrow of direction of v; Figure 1A) through which the content (101) is moved to be discharged, and a second light receiving unit (105B) disposed at a downstream side of the path (see Figure 1A); the light emitting unit (103A and 103B) includes one or more light emitting units (103A and 103B) disposed to face the light receiving unit (105A and 105B; see Figure 1A).
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 Park to include the light receiving unit including a first light receiving unit disposed at an upstream side of the path through which the content is moved to be discharged, and a second light receiving unit disposed at a downstream side of the path; the light emitting unit includes one or more light emitting units disposed to face the light receiving unit as taught by Jacobs because multiple sensor units disposed in a spaced configuration would allow the system to determine as to when the articles pass in the passage thus allowing the dispenser to determine the dispensing progress and provide a more accurate position of the articles to be dispensed.
Referring to claim 17. Jacobs discloses a pill speed and position sensor (Figure 1A) wherein
a first time point at which the amount of the light detected by the first light receiving unit (105A) is changed from a state of falling within a first standard light amount range (amount of light detected during the pill passing through the first light emitted; light in the passage is interrupted by the passing articles thus the amount of light arriving at the receiving unit is varied and this variance is detected, indicating passing of an articles) to a first reference light amount (range in which light is not obstructed) or less and then enters the first standard light amount range again is compared with a second time point (range in which light is not obstructed) at which the amount of the light detected by the second light receiving unit (105B) is changed from a state of falling within a second standard light amount range to a second reference light amount (range in which light is not obstructed) or less and then enters the second standard light amount range again; and when the first time point is the same as or earlier than the second time point again (range in which light is obstructed), it is determined that the content is discharged (detection thresholds of the light detectors are set at a specific amount of light received by the detector to register an article has passed the sensor path when the threshold light level is obstructed by a passing articles).
Referring to claim 18. Jacobs discloses a pill speed and position sensor (Figure 1A) further comprising a motion sensor for detecting the passing device (sensor combination of 115 is a motion sensor, sense the motion of the moving articles).
Referring to claim 19. Park discloses a passing device (100; Figure 2) configured to be coupled to a container body (117) that accommodates content (5), the passing device (100; Figure 2) wherein:
the passing operation unit (120; Figure 2) includes a passage portion (139) that forms a movement path for discharging a fixed amount of content (5), and a guide portion (182) that is connected to the passage portion (139) to guide the content, wherein the content (5) is moved along the guide portion (182), introduced into the passage portion (139), and then discharged to the outside through an opening at an upper end of the passage portion (Figure 9);
the passing movement unit (123) includes an opening member (124) that opens or closes the opening, a rotation shaft (125) serving as a center of a rotational movement, and a blocking member (127) that is connected to the rotation shaft (125) and is rotated together with the opening member (124), wherein the passing movement unit (123) forms one side wall of the passage portion (see Figure 17); and
the light receiving unit (420) and the light emitting unit (410) are disposed to face each other (see Figure 14) on respective side walls (walls 180) formed at left and right sides of the one side wall (see figure 14).
Referring to claim 20. Jacobs discloses a pill speed and position sensor (Figure 1A) wherein:
when the amount of the light detected by the first light receiving unit (105A) is changed from a state of falling within a first standard light amount range (range in which light is not obstructed) to a first reference light amount or less and then enters (range in which light is obstructed) the first standard light amount range again, it is determined that the content passes through the first light receiving unit region (amount of light detected during the pill passing through the first light emitted; light in the passage is interrupted by the passing articles thus the amount of light arriving at the receiving unit is varied and this variance is detected, indicating passing of an articles);
when the amount of the light detected by the second light receiving unit (105B) is changed from a state of falling within a second standard light amount range (range in which light is not obstructed) to a second reference light amount or less (range in which light is obstructed) and then enters the second standard light amount range again, it is determined that the content passes through the second light receiving unit region (light in the passage is interrupted by the passing articles thus the amount of light arriving at the receiving unit is varied and this variance is detected, indicating passing of an articles);
each of the first standard light amount range and the second standard light amount range is a range of the amount of the light detected by a corresponding one of the first light receiving unit and the second light receiving unit in a state in which the content does not pass therethrough (the articles does not enter the path of the second sensor to obstruct light to the second detector); and
when it is determined that the content has passed through the first light receiving unit region before the second light receiving unit region, it is determined that the content is normally discharged (detection thresholds of the light detectors are set at a specific amount of light received by the detector to register an article has passed the sensor path when the threshold light level is obstructed by a passing articles).
Referring to claim 21. Jacobs discloses a pill speed and position sensor wherein:
when it is determined that the content (101) has passed through the second light receiving unit region (105B) before the first light receiving unit region (105A), it is determined that the content is not discharged (it indicated the articles 101 is traveling in a backward direction and has not dispensed; see Figure 1A).
Referring to claim 22. Jacobs discloses a pill speed and position sensor (Figure 1A) wherein:
a first time point at which the amount of the light detected by the first light receiving unit (instant light detected by 105A) reaches a downward peak (and then reaches a first reference value (range in which light is obstructed) is compared with a second time point at which the amount of the light detected by the second light receiving unit reaches the downward peak (range in which light is obstructed) and then reaches a second reference value (range in which light is not obstructed); and
when the first time point is the same as or earlier than the second time point (range in which light is not obstructed), it is determined that the content is discharged (see Figure 1A).
Referring to claim 23. Jacobs discloses a pill speed and position sensor (Figure 1A) wherein:
the path (113; Figure 1A) through which the content (101) is moved to be discharged is formed by the passage portion;
the light receiving unit (105A and 105B) disposed on one side of the passage portion is composed of two photodiodes (LED; Para. [0021]), wherein the two photodiodes are arranged in a line along the movement path of the content of the passage portion (see figure 1A); the light emitting unit (103A and 103B) that is disposed on another side of the passage portion to face the light receiving unit emits light toward the passage portion (see Figure 1A), and the two photodiodes receive the light emitted from the light emitting unit (115); and
whether the content is discharged is determined based on the amount of the light detected by the two photodiodes (detection thresholds of the light detectors are set at a specific amount of light received by the detector to register an article has passed the sensor path when the threshold light level is obstructed by a passing articles).
Referring to claim 24. Park discloses a passing device (100; Figure 2) wherein:
wherein a signal for the amount of the light (121 and 123; Figure 1B), which is detected by the detection unit (including members 103 A, 103B and 105A, 105B), is processed by an information processing device (processor; Para. [0046]) included in the passing device (dispenser apparatus) or a separate external device, and whether the content is discharged is determined (the detection unit receiving signal determines the passing of articles).
Referring to claim 26. Park discloses a medication management device (Figure 34) comprising:
the passing device (100) of claim 1;
a medication management server (700); and a medication guide terminal (600), wherein the medication guide terminal (600) includes an output unit (620), and a medication guide terminal control unit (630) configured to receive medication status information from the detection unit (including members 450,410 and 420; Figure 12), receive medication schedule information from the medication management server (700), generate medication guidance information about a user using the medication schedule information and the medication status information, and then output the generated medication guidance information to the output unit (620; the medication guidance terminal 600 receives medication state information from the sensor module 500 and receives medication schedule information from the medication management server 700, and uses the medication schedule information and medication state information After generating the drug administration information, the generated drug administration information is output), wherein the output unit (620) outputs the medication guidance information as an image or audio (The output unit 620 includes both an image output unit and an audio output unit for outputting the information or warning through video or audio, respectively).
Referring to claim 27. Park discloses a method of determining, by an information processing device (700), whether content (5) is discharged based on an amount of light detected by the detection unit of the passing device of claim 1,
wherein the detection unit (including members 450,410 and 420; Figure 12) includes a first light receiving unit (105A) disposed at an upstream side of a path (path through 139) through which the content is moved to be discharged (through opening 122; Figure 8).
Park does not disclose a second light receiving unit disposed at a downstream side of the movement path and one or more light emitting units disposed to face the first and second light receiving units.
Jacobs discloses a pill speed and position sensor wherein a first (105A) and a second light receiving unit (105B) disposed at a downstream side of the path (see path in 113), and one or more light emitting units (103A and 103B) disposed to face the first and second light receiving units (105A and 105B respectively; Figure 2A), the method comprising:
detecting, by both the first light receiving unit (105A) and the second light receiving unit (105B), the amount of the light that is out of a standard light amount range (range in which light is not obstructed) and is less than or equal to a reference light amount (range in which light is obstructed);
detecting, by each of the first light receiving unit (105A) and the second light receiving unit (105B), the amount of the light that is out of a first reference light amount and a second reference light amount respectively (change in the light intensity as articles pass through the passage is detected)
and varies to a value within a first standard light amount range (range amount of light in which light is not obstructed) and a second standard light amount range respectively (range amount of light in which light is obstructed);
comparing a first time point (position at which an article in the path of the first light receiving unit) at which the amount of the light detected by the first light receiving unit (105A) is changed from a state of falling within a first standard light amount range (range in which light is not obstructed) to a first reference light amount or less (range in which light is obstructed) and then enters the first standard light amount range (range in which light is not obstructed) again and a second time point (position at which an article in the path of the second light receiving unit) at which the amount of the light detected by the second light receiving unit (105B) is changed from a state of falling within a second standard light amount range (range in which light is not obstructed) to a second reference light amount or less (range in which light is obstructed) and then enters the second standard light amount range again (range in which light is not obstructed); and when the first time point (position at which an article in the path of the first light receiving unit) is the same as or earlier than the second time point (position at which an article in the path of the second light receiving unit), determining that the content is discharged (indicating the article has passed the passage portion comprising the first and the second light receiving unit and exited out the dispenser opening 122).
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 Park to include a second light receiving unit disposed at a downstream side of the path and wherein the content is discharged is determined based on a change pattern in amount of the light over time, which is detected by each of the first light receiving unit and the second light receiving unit as taught by Jacobs because multiple sensor units disposed in a spaced configuration would allow the system to determine as to when the articles pass in the passage thus allowing the dispenser to determine the dispensing progress and provide a more accurate position of the articles to be dispensed.
Allowable Subject Matter
Claim 28 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 on (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