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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on 30 January 2026 is acknowledged.
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 30 January 2026.
Specification
The abstract of the disclosure is objected to because it contains the form and legal phraseology of comprises. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because reference character “10” has been used to designate lower disc, first body, shaft and medication container.
The specification is objected to because of the following informalities: acronyms exist without being defined at their first instance. Appropriate correction is required. See at least QR and UV.
The use of the term TYVEK, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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 1-11 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation the at least a first upper disc, and the claim also recites the first upper disc which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation one or more upper discs, and the claim also recites the upper discs which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 7 recites the limitation "the first upper disc bodies" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
The limitation of claim 7 that “the first upper disc resides intermediately of the lower body and the first upper disc bodies along the rotational axis” is led to be indefinite. It is unclear how the first upper disc can reside intermediately in relation to itself (first upper disc bodies). In light of the original disclosure the claim will be interpreted as if it read “the first upper disc resides intermediately of the lower body and the second upper disc along the rotational axis”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5 and 7-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chapman (US 576834).
Claim 1: Chapman discloses a device for tracking administration of medication stored in a container, the device comprising: a disk 13 (lower body) that can be made stationary (configured to reside in stationary relationship to said container) [see L. 71-73], and having a topside carrying a circular row of numerals (indicia that are representative of timing intervals among which the medication is to be administered); disks 14 & 15 (one or more upper discs), including disk 14 (at least a first upper disc) having an underside arranged to face the disk 13 (lower body) and an opposite topside arranged to face away from the disk 13 (lower body) and the container, wherein the disk 14 (first upper disc) is supported for rotation relative to the disk 13 (lower body) and about a rotational axis projecting from the topside of the disk 13 (lower body) and intersecting a plane of the disk 14 (first upper disc) within a periphery of the disk 14 (first upper disc), wherein the disk 14 (first upper disc) is configured to cooperate with the circular row of numerals (indicia) on the topside of the disk 13 (lower body), via a notch 17, to indicate, to a user and from among said timing intervals, an administration time of the medication; wherein at least one of the disks 14 & 15 (upper discs) is made of pyralin (Printable Material) [see L. 106-109] so as to be configured to receive Ink for personalizing the device (see fig. 1-2 and annotated fig. 2 below).
Examiner notes that the indicia that are representative of timing intervals among which the medication is to be administered constitutes nonfunctional printed matter as the product merely serves as a support for the indicia and the indicia merely conveys a message or meaning to a human reader independent of the supporting product. MPEP 2111.05 I. B.
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Claim 2: Chapman discloses wherein the disk 13 (lower body) is made of pyralin (Printable Material) [see L. 106-109] so as to be configured to receive Ink for personalizing the device.
Claim 3: Chapman discloses wherein the disks 14 & 15 (one or more upper discs) are rotatably connected to the disk 13 (lower body) by a rivet 12 (shaft assembly) including a shaft defining the rotational axis and at least one stopper supported at or adjacent an end of the shaft and in distal relation to the disk 13 (lower body), so as to resist axial movement of the disks 14 & 15 (one or more upper discs) away from the disk 13 (lower body) (see annotated fig. 3 above).
Claim 4: Chapman discloses wherein the shaft assembly includes a base at or adjacent a fixed end of the shaft opposite to the distal end thereof, wherein the base is in the form of a planar member oriented in a substantially radial plane of the rotational axis (see annotated fig. 3 above).
Claim 5: Chapman discloses wherein the base is disposed to one side of the disk 13 (lower body) and in opposite relation to the disk 14 (first upper disc) so as to be arranged between the disk 13 (lower body) and the container in a mounted condition of the disk 13 (lower body) on the container (see annotated fig. 3 above).
Claim 7: Chapman discloses wherein the disks 14 & 15 (one or more upper discs) include a disk 15 (second upper disc) supported for rotation relative to the disk 14 (first upper disc) about the rotational axis, wherein the disk 15 (second upper disc) is disposed oppositely across the disk 14 (first upper disc) from the disk 13 (lower body) such that the disk 14 (first upper disc) resides intermediately of the disk 13 (lower body) and the disk 15 (second upper disc) along the rotational axis, wherein the topside of the disk 14 (first upper disc) carries a circular row of numerals (additional indicia representative of dosage quantities or additional timing intervals of different measure than those on the disk 13 (lower body)), and wherein the disk 15 (second upper disc) is configured to cooperate with the circular row of numerals (additional indicia) on the topside of the disk 14 (first upper disc), via a notch 18, to indicate, to the user, dosage or supplemental timing information concerning said administration time of the medication (see fig. 1).
Examiner notes that the additional indicia that are representative of dosage quantities or additional timing intervals of different measure than those on the lower body constitutes nonfunctional printed matter as the product merely serves as a support for the indicia and the indicia merely conveys a message or meaning to a human reader independent of the supporting product. MPEP 2111.05 I. B.
Claim 8: Chapman discloses wherein said circular row of numerals (additional indicia) are representative of said additional timing intervals (see fig. 1).
Examiner notes that the additional indicia that are representative of additional timing intervals constitutes nonfunctional printed matter as the product merely serves as a support for the indicia and the indicia merely conveys a message or meaning to a human reader independent of the supporting product. MPEP 2111.05 I. B.
Claim 9: Chapman discloses wherein the disk 15 (second upper disc) is made of pyralin (Printable Material) [see L. 106-109] so as to be configured to receive Ink for personalizing the device.
Claim 10: Chapman discloses wherein the disk 15 (second upper disc) is planar (see fig. 1-3).
Claim 11: Chapman discloses wherein the disk 13 (lower body) and the disk 14 (first upper disc) are planar (see fig. 1-3).
Claim(s) 1-6 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fish (US 3921568).
Claim 1: Fish discloses a time reminder 10 (device) for tracking administration of medication stored in a container, the time reminder 10 (device) comprising: a member 11 (lower body) configured to reside in stationary relationship to said container, and having a topside carrying markings (indicia that are representative of timing intervals among which the medication is to be administered) [C. 2 L. 5-9]; a member 14 (one or more upper discs), including the member 14 (at least a first upper disc) having an underside arranged to face the member 11 (lower body) and an opposite topside arranged to face away from the member 11 (lower body) and the container, wherein the member 14 (first upper disc) is supported for rotation relative to the member 11 (lower body) and about a rotational axis projecting from the topside of the member 11 (lower body) and intersecting a plane of the member 14 (first upper disc) within a periphery of the member 14 (first upper disc), wherein the member 14 (first upper disc) is configured to cooperate with the markings (indicia) on the topside of the member 11 (lower body), via a slot 16, to indicate, to a user and from among said timing intervals, an administration time of the medication; wherein member 14 (at least one of the upper discs) is made of plastic (Printable Material) [see C. 2 L. 10-22] so as to be configured to receive Ink for personalizing the device (see fig. 1, 2, and 4).
Examiner notes that the indicia that are representative of timing intervals among which the medication is to be administered constitutes nonfunctional printed matter as the product merely serves as a support for the indicia and the indicia merely conveys a message or meaning to a human reader independent of the supporting product. MPEP 2111.05 I. B.
Claim 2: Fish discloses wherein the member 11 (lower body) is made of plastic (Printable Material) [see C. 3 L. 6-9] so as to be configured to receive Ink for personalizing the device.
Claim 3: Fish discloses wherein the member 14 (one or more upper discs) are rotatably connected to the member 11 (lower body) by a rivet 19 (shaft assembly) including a shaft defining the rotational axis and a head 30 (at least one stopper) supported at or adjacent an end of the shaft and in distal relation to the member 11 (lower body), so as to resist axial movement of the member 14 (one or more upper discs) away from the member 11 (lower body) (see annotated fig. 4 below).
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Claim 4: Fish discloses wherein the rivet 19 (shaft assembly) includes a base at or adjacent a fixed end of the shaft opposite to the distal end thereof, wherein the base is in the form of a planar member oriented in a substantially radial plane of the rotational axis (see annotated fig. 4 above).
Claim 5: Fish discloses wherein the base is disposed to one side of the member 11 (lower body) and in opposite relation to the member 14 (first upper disc) so as to be arranged between the member 11 (lower body) and the container in a mounted condition of the member 11 (lower body) on the container (see annotated fig. 4 above).
Claim 6: Fish discloses a layer 20 of elastomeric foam with faces 21 & 22 coated with pressure sensitive adhesive (adhesive substrate) attachable to the base of the rivet 19 (shaft assembly) in opposite relation to the member 11 (lower body) for bonding the rivet 19 (shaft assembly) to the container (see C. 2 L. 31-41 and annotated fig. 4 above).
Claim 11: Fish discloses wherein the member 11 (lower body) and the member 14 (first upper disc) are planar (see fig. 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20040244245, US 7555995, US 5640774, US 5577335, US 4662520, US 20090025625, US 9188465, US 9406243, US 4886010, and US 4594070 are considered pertinent to the claimed device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALLAN D STEVENS/ Primary Examiner, Art Unit 3736