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 .
This Office Action is in response to the applicant’s amendment filing on 07/09/2026.
Claims 16-22 are withdrawn for being drawn to a non-elected invention. Claims 1-15 and 23-30 are pending and examined below.
Election/Restrictions
Applicant’s election of Invention I in the reply filed on 03/16/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 16-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 03/16/2026.
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)(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.
Claims 1 and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by reference Chambers et al. (11,735,304).
Regarding claim 1, Chambers et al. disclose an automated pill order filling system (1) comprising:
a main conveyor (4) comprising a first end (see figure 2 below) and a second end (see figure 2 below)
a plurality of pucks (6) configured to travel on the main conveyor (4),
wherein each puck (6) of the plurality of pucks (6) comprises a receiving area (see figure 18 below) configure to hold a respective pill container (3).
wherein the plurality of pucks (6) comprises a first puck (higher height puck) having a first puck body size configured to receive a first pill container (short bottle) with a first pill container size,
wherein the plurality of pucks (6) further comprises a second puck (lower height puck) having a second puck body size configured to receive a second pill container (tall bottle) with a second pill container size different from the first pill container size, and
wherein the first puck body size and the second puck body size are arranged such that a top of the first pill container (short bottle) and a top of the second pill container (tall bottle) are along a common fill height line;
a first array (13) of automatic pill dispensers disposed along a length between the first end (see figure 2 below) and the second end (see figure 2 below),
wherein each automatic pill dispenser in the first array (13) of automatic pill dispensers is configured to dispense a first number of pills into a first designated pill container (3) at a first fill rate;
a second array (14) of automatic pill dispensers disposed offline and apart from the main conveyor (4),
wherein each automatic pill dispenser in the second array (14) of automatic pill dispensers is configured to dispense a second number of pills into a second designated pill container (3) at a second fill rate,
wherein the second fill rate is lower than the first fill rate;
a processor (col 46 ln 22-23); and
a memory (col 46 ln 25-26) coupled with and readable by the processor and storing therein instruction that, when executed by the processor (col 46 ln 22-23), cause the processor (col 46 ln 22-23) to:
receive, via a communication network, a pill order comprising a specific number of pills that are associated with a specific pill type;
encode at least one of the specific puck (6) and a specific pill container (3) with filling information for the pill order,
wherein the filling information includes routing instructions for the specific pill container (3) int eh automated pill order filling system (1);
send a first convey signal to the main conveyor (4), based on the routing instructions, to convey the specific puck (6) and the specific pill container (3) to a selected automated pill dispenser; and
send a dispense signal to the selected automated pill dispenser to dispense the specific number of pills into the specific container (30) in the specific puck forming a filled pill container.
(Figure 2, 18 and Column 1 lines 34-39, 52-58, Column 2 lines 18-21, 40-51, Column 12 lines 44-51, Column 14 lines 39-42, Column 36 lines 64-67 through Column 37 lines 1-8, Column 46 lines 25-34 Column 46 lines 20-36)
[AltContent: textbox (Second Array of Automatic Pill Dispensers)][AltContent: arrow][AltContent: textbox (Inline Part of Main Conveyor)][AltContent: arrow][AltContent: rect][AltContent: rect][AltContent: textbox (First End)][AltContent: arrow][AltContent: textbox (Second End)][AltContent: arrow][AltContent: textbox (Chambers et al.)]
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[AltContent: textbox (Receiving Area / Hole)][AltContent: textbox (Base Contact Portion )][AltContent: arrow][AltContent: textbox (Container Receiving Portion)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Chambers et al.)]
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In Figure 2, Chambers et al. shows the second array (14) of automatic pill dispensers disposed at a position that is not inline with a portion of the main conveyor (4). Therefore, Chambers et al. is interpreted to disclose the second array of automatic pill dispensers is disposed offline and apart from the main conveyor.
Regarding claim 7, Chambers et al. disclose a labeling station (5) that, prior to placing the select pill container on to the select puck (6), applies a label to the outer portion of the select pill container (3).
(Column 1 lines 64-67 through Column 2 lines 1-6)
Regarding claim 8, Chambers et al. disclose the label comprises the filling information for the pill order. (Column 2 lines 55-57)
Regarding claim 9, Chambers et al. disclose at least one of the label of the select pill container (3) and an identification tag of the select puck (6) comprises: a radio frequency identification tag; optical tag; or barcode, wherein at least a portion of the filling information is encoded onto the radio frequency identification tag, optical tag, or barcode. (Column 14 lines 29-33, 39-42)
Regarding claim 10, Chambers et al. disclose a plurality of radio frequency identification tag readers, optical tag readers, or a barcode readers are arranged at points along the length of the main conveyor, wherein the filling information encoded onto the radio frequency identification tag, optical tag, or barcode is read by the plurality of radio frequency identification tag readers, optical tag readers, or barcode readers as the select puck (6) and the select pill container (3) moves in proximity of the plurality of radio frequency identification tag readers, optical tag readers, or barcode readers. (Column 40 lines 25-34)
Regarding claim 11, Chambers et al. disclose the main conveyor (4) is arranged as a continuous loop running from the first end (see figure 2 above) to the second end (see figure 2 above) along a first track side and from a second end (see figure 2 above) to the first end (see figure 2 above) along a second track side. (Figure 2 and Column 2 lines 29-32, 40-51)
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over reference Chambers et al. (11,735,304) as applied to claim 1 above, and further in view of reference Monti (9,636,274).
Regarding claim 2, Chambers et al. disclose the claimed invention as stated above but do not disclose a capping station.
Monti disclose an automated pill order filling system comprising:
a main conveyor (90) comprising a first end (S1) and a second end (S2); and
a capping station (92) disposed along the length of the main conveyor (90) between the first end (S1) and the second end (S2),
wherein the capping station (90) is configured to attached a cap to a pill container (C).
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the system of Chambers et al. by incorporating the capping station as taught by Monti, since column 12 lines 43-46 of Monti states such a modification would guarantee high packing productivity.
In column 46 lines 35-36 of Chambers et al., the processor is disclosed to be configured to perform each and every individual action conducted by the system. Therefore, Chambers et al. in view of Monti is interpreted to disclose the process is configured to: send a second convey signal to the main conveyor to convey the filled pill container to the capping station, and send an attach signal to the capping station to attach a specific cap to the filled pill container.
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over reference Chambers et al. (11,735,304) as applied to claim 1 above, and further in view of reference Holmes (10,427,810).
Regarding claim 3, Chambers et al. disclose the claimed invention as stated above but do not disclose a canister, an actuator, and an image sensor.
Holmes discloses a pill dispenser (114) comprising an image sensor (250) arranged adjacent to the dispense image area (154), wherein the image sensor (250) is configured to count each pill of the plurality of pill moving through the dispense imaging area (154). (Figure 5, 11 and Column 7 lines 13-15, 50-53, 60-62, 65-66, Column 10 lines 38-47)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the pill dispensers of the first array of pill dispensers of Chambers et al. by incorporating the image sensor as taught by Holmes, since column 10 lines 38-43 of Holmes states such a modification would ensure that the proper number and type of pill is dispensed by the pill dispensers.
Regarding claim 4, in column 7 lines 31-34 of Holmes, the pill dispenser is disclosed to have twenty active canisters, each dispensing pill. In column 10 lines 38-43 of Holmes, the image sensor is disclosed to count the pills dispensed from the active canisters.
Therefore, Chambers et al. modified by Holmes is interpreted to disclose the image sensor (Holmes – 250) is a camera that is configured to simultaneously count multiple pills of the plurality of pills moving through the dispense image area (Holmes – 154). (Holmes – Column 7 lines 31, 34, 50-53, Column 10 lines 38-43)
Regarding claim 5, Chambers et al. modified by Holmes disclose the image sensor (Holmes – 250) is a camera that is configured to recognize a color and a shape of at least one pill of the plurality of pills moving through the dispensing image area (Holmes – 154). (Holmes – Column 10 lines 43-46)
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over reference Chambers et al. (11,735,304) in view of reference Holmes (10,427,810) as applied to claim 4 above, and further in view of reference Bassani (10,577,186).
Regarding claim 6, Chambers et al. modified by Holmes disclose the claimed invention as stated above, but do not explicitly disclose the dispense funnel is configured to engage with an aperture of the specific pill container.
Bassani discloses a pill dispenser comprising a dispenser funnel (26) configured to engage with an aperture of a pill container (30). (Figure 1 and Column 4 lines 34-40)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the pill dispenser of Chambers et al. by incorporating the funnel to engage with the aperture of the pill container as taught by Bassani, since column 4 lines 60-63 of Bassani states such a modification would ensure the pill enters the desired container.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over reference Chambers et al. (11,735,304) as applied to claim 1 above, and further in view of reference Krämer et al. (8,777,000).
Regarding claim 12, Chambers et al. disclose the claimed invention as stated above but do not disclose a plurality of shuttles.
Krämer et al. disclose a conveying system comprising a plurality of conveying elements, wherein each conveying elements comprises: a shuttle (8); and a puck (9), wherein the puck is removably fixed to the shuttle. (Figures 2-3 and Column 3 lines 10-13)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the puck of Chambers et al. by incorporating the shuttle as taught by Krämer et al., since column 4 lines 28-33 of Krämer et al. states such a modification would allow changing of the puck to accommodate different sized containers.
Regarding claim 13, Chambers et al. modified by Krämer et al. disclose each shuttle (Krämer et al. – 8) of the plurality of shuttles (Krämer et al. – 8) comprises: a nest (Krämer et al. – 11) comprising a slotted receiving portion, wherein the slotted receiving portion comprises an open end (Krämer et al. – see figure 3 below) and closed end (Krämer et al. – see figure 3 below); and a magnet (Krämer et al. – 8.1) arranged adjacent the closed end. (Krämer et al. – Figure 3 and Column 3 lines 25-33)
[AltContent: textbox (Open End)][AltContent: arrow][AltContent: textbox (Closed End)][AltContent: arrow][AltContent: textbox (Krämer et al.)]
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Regarding claim 14, Chambers et al. modified by Krämer et al. disclose each puck (Chambers et al. – 6) of the plurality of pucks (Chambers et al. – 6) comprises:
a magnetic base ring (Krämer et al. – col 3 ln 28-30); and
a body (Chambers et al. – 6).
(Chambers et al. – Figures 18, 28A, 28B)
(Krämer et al. – Column 3 lines 28-30)
Regarding claim 15, Chambers et al. modified by Krämer et al. disclose the plurality of pucks (Chambers et al. – 6) are held in contact with the plurality of shuttles (Krämer et al. – 8) via magnetic attraction between the magnet and the magnetic base ring. (Krämer et al. – Column 3 lines 25-30)
Claims 23-30 are rejected under 35 U.S.C. 103 as being unpatentable over reference Chambers et al. (11,735,304) in view of references Krämer et al. (8,777,000), Monti (9,636,274), Holmes (10,427,810), and Leu et al. (7,765,776).
Regarding claim 23, Chambers et al. disclose an automated pill order filling system (1) comprising:
a main conveyor (4) arranged in a continuous loop;
a plurality of pucks (6) configured to travel on the main conveyor (4),
wherein each puck (6) of the plurality of pucks (6) comprises a receiving area (see figure 18 below) configure to hold a respective pill container (3).
wherein the plurality of pucks (6) comprises a first puck (higher height puck) having a first puck body size configured to receive a first pill container (short bottle) with a first pill container size,
wherein the plurality of pucks (6) further comprises a second puck (lower height puck) having a second puck body size configured to receive a second pill container (tall bottle) with a second pill container size different from the first pill container size, and
wherein the first puck body size and the second puck body size are arranged such that a top of the first pill container (short bottle) and a top of the second pill container (tall bottle) are along a common fill height line;
a pill container sorting machine (col 1 ln 65-66) arranged at a first point of the main conveyor (4)
wherein the pill container sorting machine (col 1 ln 65-66) is configured to arrange a plurality of pill containers (3) into a transfer position adjacent to the main conveyor (4);
a pick-and-place actuator (2) arranged adjacent to the transfer position,
wherein the pick-and-place actuator (2) is configured to pick a pill container (3) from the transfer position onto a puck (6);
a labeling machine (5) arranged adjacent a second point of the main conveyor (4),
wherein the labeling machine (5), prior to placing the pill container (3) on to the puck (6), is configured to apply a label to the outer portion of the pill container (3);
an identification reader (col 40 ln 25-34) arranged adjacent a third point of the main conveyor (4),
wherein the identification reader (col 40 ln 25-34) is configured to identify a pill order associated with the pill container (3) in the puck (6);
a first array (13) of automatic pill dispensers disposed adjacent a fourth point of the main conveyor (4),
wherein each automatic pill dispenser in the first array (13) of automatic pill dispensers is configured to dispense pills at a first fill rate;
a second array (14) of automatic pill dispensers disposed adjacent to the first array (13) of automatic pill dispensers,
wherein each automatic pill dispenser in the second array (14) of automatic pill dispensers is configured to dispense pills at a second fill rate,
wherein the second fill rate is lower than the first fill rate, and
wherein the second array (14) of automatic pill dispensers is configured to operate independently of the first array (13) of automatic pill dispensers;
a staging area (col 2 ln 29-32) arranged adjacent an eighth point of the main conveyor (4),
wherein the staging area is configured to return the puck (6) to a pill container load area adjacent the transfer position; and
a controller (col 46 ln 22-23) that moves the puck from the along the track (see figure 18 above) in an order based on information in the pill order.
(Figure 2, 18 and Column 1 lines 34-39, 52-58, Column 1 lines 64-67 through Column 2 lines 1-6, Column 2 lines 18-21, 29-32, 40-51, Column 12 lines 44-51, Column 14 lines 39-42, Column 36 lines 64-67 through Column 37 lines 1-8, Column 40 lines 25-34, Column 46 lines 25-34 Column 46 lines 20-36)
However, Chambers et al. do not disclose a plurality of shuttles, a capping station; a quality assurance station; and a packaging station.
Krämer et al. disclose a conveying system comprising a plurality of conveying elements, wherein each conveying elements comprises: a shuttle (8); and a puck (9), wherein the puck is removably fixed to the shuttle. (Figures 2-3 and Column 3 lines 10-13)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the puck of Chambers et al. by incorporating the shuttle as taught by Krämer et al., since column 4 lines 28-33 of Krämer et al. states such a modification would allow changing of the puck to accommodate different sized containers.
Monti disclose an automated pill order filling system comprising:
a main conveyor (90) comprising a first end (S1) and a second end (S2); and
a capping station (92) disposed along the length of the main conveyor (90) between the first end (S1) and the second end (S2),
wherein the capping station (90) is configured to attached a cap to a pill container (C).
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the system of Chambers et al. by incorporating the capping station as taught by Monti, since column 12 lines 43-46 of Monti states such a modification would guarantee high packing productivity.
Holmes discloses a pill dispenser (114) comprising:
a canister (22) that is configured to receive and hold a plurality of pill;
a quality assurance station comprising a camera (250) arranged adjacent to the dispense image area (154),
wherein the image sensor (250) is configured to count each pill of the plurality of pill moving through the dispense imaging area (154).
(Figure 5, 11 and Column 7 lines 13-15, 50-53, 60-62, 65-66, Column 8 lines 29-37, Column 10 lines 38-47)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the pill dispensers of the first array of pill dispensers of Chambers et al. by incorporating the canister and image sensor as taught by Holmes, since column 10 lines 38-43 of Holmes states such a modification would ensure that the proper number and type of pill is dispensed by the pill dispensers.
Leu et al. disclose a pill order filling system comprising: packaging station (29) configured to load the pill container into shipping container. (Column 1 lines 63-67)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the system of Chambers et al. by incorporating the packaging station as taught by Leu et al., since column 4 lines 38-43 of Leu et al. states such a modification would allow the system to prepare the pill container ready for shipping to the customer.
Regarding claim 24, Chambers et al. modified by Krämer et al., Monti, Holmes, and Leu et al. disclose a vision system comprising at least one camera (Holmes – 250) or image sensor is configured to capture images of the pills intended to be placed into the pill container. (Holmes – Column 10 lines 38-43)
Regarding claim 25, Chambers et al. modified by Krämer et al., Monti, Holmes, and Leu et al. disclose the vision system (Holmes – 250) is part of the quality assurance station. (Holmes – Column 8 lines 29-37)
Regarding claim 26, Chambers et al. modified by Krämer et al., Monti, Holmes, and Leu et al. disclose the images of the pill intended to be placed into the pill container are sent to a communication device of a pharmacist, wherein the pharmacist compares the image of the pill intended to be placed into the pill container to a reference image of the pill. (Holmes – Column 10 lines 47-53)
Regarding claim 27, Chambers et al. modified by Krämer et al., Monti, Holmes, and Leu et al. disclose the images of the pill intended to be placed into the pill container are sent to a computer system, comprising a program configured to automatically compare the image of the pill intended to be placed into the pill container to a reference image of the pill. (Holmes – Column 10 lines 47-53)
Regarding claim 28, Chambers et al. modified by Krämer et al., Monti, Holmes, and Leu et al. disclose the pill container comprises a radio frequency identification chip integrated in the label. (Chambers et al. – Column 14 lines 29-33, 39-42)
Regarding claim 29, Chambers et al. modified by Krämer et al., Monti, Holmes, and Leu et al. disclose the radio frequency identification chip is used to verify a prescription of the pill order associated with the pill container. (Chambers et al. – Column 40 lines 25-34)
Regarding claim 30, Chambers et al. modified by Krämer et al., Monti, Holmes, and Leu et al. disclose the pill container comprises a smart tag integrated in the label, wherein the smart tag is used to verify a prescription of the pill order associated with the pill container. (Chambers et al. – Column 14 lines 29-33, 39-42, Column 40 lines 25-34)
Response to Arguments
The Amendments filed on 07/09/2026 have been entered. Claims 16-22 are withdrawn for being drawn to a non-elected invention. Claims 1-15 and 23-30 are pending in the application.
In response to the arguments of the objections towards the drawings, in view of the amendments to the drawings and claims, Examiner withdraws the drawing objections.
In response to the arguments of the objections towards the claims, in view of the amendments to the claims, Examiner withdraws the claim objections.
In response to the arguments of the rejections under 35 U.S.C. 112(b), in view of the amendments to the claims, Examiner withdraws the 112(b) rejections.
In response to the arguments of the rejections under 35 U.S.C. 102(a)(1) with reference Chambers et al. (11,735,304), Examiner finds the arguments not persuasive.
Applicant states:
At best, Chambers generally describes coordinating bottle pick up and placement so that a gripper can grasp the neck of bottles of different sizes (see, e.g., col. 37, ll. 9-27).
In column 36 lines 64-67 through column 37 lines 1-8, Chambers et al. disclose the plurality of pucks (6) are configured to accommodate bottles of different sizes. A first puck is disclosed to have a size with a higher height and be configured to receive bottles of a shorter height. A second puck is disclosed to have a size with a lower height and be configured to receive bottles of a taller height. The use of the first puck and the second puck are disclosed to be allow all bottles to be presented so that the top most part of the bottle is always at the same height.
Therefore, Chambers et al. do disclose a plurality of pucks (6) comprising: a first puck (higher height puck); and a second puck (lower height puck) having a second puck body size, wherein the first puck body size and the second puck body size are arranged such that a top of a first pill container (short bottle) and a top of a second pill container (tall bottle) are along a common fill height line.
Applicant states:
At best, Chambers generally discloses the ability of a robot-based dispensary to operate when the robot is offline by having a person replace the robot (see, e.g., col. 41, ll. 17-27).
In Figure 2, Chambers et al. shows the second array (14) of automatic pill dispensers disposed at a position that is not inline with a portion of the main conveyor (4). In column 12 lines 51-58, Chambers et al. disclose the empty bottle travel along the main conveyor to a pick-up site (8), wherein the bottle is moved from the pick-up site (8) to a fill site (9). This implies that fill site is not on the main conveyor or inline with the main conveyor. In column 13 lines 17-20, Chambers et al. disclose the filled bottle is moved back to the main conveyor at a filled bottle placement site (10).
Therefore, Chambers et al. is interpreted to disclose the second array of automatic pill dispensers is disposed offline and apart from the main conveyor.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B FRY whose telephone number is (571)272-0396. The examiner can normally be reached on Mon-Thur 7am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK B FRY/Examiner, Art Unit 3731 August 31, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
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