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 filing on 04/02/2025.
Claims 1-20 are pending and examined below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/02/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 4-5, 8-9, and 19-20 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 pre-AIA the applicant regards as the invention.
Regarding claim 4 lines 4-5, the phrase “first accommodating position is arranged in a second direction intersecting with the first direction” renders claim 4 vague and indefinite because it is unclear how the second direction is defined. The first accommodating position implies a single position in space. A single position alone cannot define a direction or a trajectory. It is unclear how the first accommodating position is arranged in a second direction. For examining purposes, the phrase is interpreted as “first accommodating position is not arranged on the first direction”.
Claims 4 and 19-20 are dependent of claim 4 and include all the same limitations.
Regarding claim 8 line 3, the phrase “capable of accommodating a cassette” renders claim 8 vague and indefinite because it is unclear if this is a new or previously mentioned feature. When a new feature is introduced, the feature should be preceded by “a”. When a previous feature is being referred to, the feature should be preceded by "the" or "said". Claim 8 is dependent of claim 7 which is dependent of claim 1. Claim 1 discloses cassette. It is unclear if the cassette of claim 8 is the same or different from the cassette of claim 1. For examining purposes, the phrase is interpreted as “capable of accommodating the cassette”.
Claim 9 is dependent of claim 8 and include all the same limitations.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over reference Kim (2021/0292015) in view of reference Holmes (11,235,895).
Regarding claim 1, Kim discloses a drug packaging system comprising:
a first storage area (200) that stores a cassette (110) containing drugs,
wherein the first storage is configured to dispense the drugs from the stored cassette (110);
a second storage area (500) that stores the cassette (110) to be conveyed to the first storage area;
a second conveyor (600) that conveys the cassette from the second storage area (500) to the first storage area (200); and
a packaging unit (400) that packages the drugs, dispensed from the cassette stored in the first storage area (500), into a package for each dosage unit.
(Figures 2, 4 and Page 3 paragraph 44, Page 5 paragraph 69)
However, Kim does not disclose a first conveyor that conveys the cassette within the second storage area.
Holmes discloses a drug packaging system comprising:
a second storage area (114, 182) that stores a cassette (122) containing drugs,
wherein the second storage area (114, 182) includes:
a first accommodating position (182) at which the cassette (122) is introduced from outside the drug packaging system; and
a second accommodating position (114) at which the cassette (122) is accommodated; and
a first conveyor (130) that conveys the cassette (122) from the first accommodating position to the second accommodating position.
(Figure 9 and Column 9 lines 48-57, Column 10 lines 17-18)
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 packaging system of Kim by incorporating the first conveyor that conveys the cassette from the first accommodating position to the second accommodating position as taught by Holmes, since column 9 lines 66-67 through Column 10 lines 1-4 of Holmes states such a modification would reduce the possibility of refilling error and allow easier access to the cassettes.
Regarding claim 2, Kim modified by Holmes disclose the second storage area (Kim – 500) comprises:
a first accommodating position (Holmes – 182) at which the cassette (Kim – 110) is introduced from outside the drug packaging system; and
a second accommodating position (Holmes – 114) at which the cassette (Kim – 110) to be conveyed to the first storage area (Kim – 200) is accommodated,
wherein the first conveyor (Holmes – 130) conveys the cassette (Kim – 110) from the first accommodating position (Holmes – 182) to the second accommodating position (Holmes – 114).
(Holmes – Column 9 lines 48-57, Column 10 lines 17-18)
Regarding claim 3, Kim modified by Holmes disclose the second accommodating position (Holmes – 114) is arranged between the first storage area (Kim – 200) and the first accommodating position (Holmes – 182). (Kim – Page 5 paragraph 69) (Holmes – Column 10 lines 17-18)
Regarding claim 4, Kim modified by Holmes disclose the first storage area comprises a plurality of first storage areas aligned in a first direction, and wherein the first accommodating position is arranged off of the first direction. (Kim – Figure 2)
Regarding claim 5, Kim modified by Holmes disclose the claimed invention as stated above but do not disclose the second accommodation position comprises a plurality of second accommodating positions corresponding to the plurality of first storage areas.
It would have been obvious to the person of ordinary skill in the art to have the number of second accommodation position correspond to the number of first storage areas, since it has been held that the mere duplication of the essential working parts of a device involves only routine skill in the art. [MPEP 2144.04 (VI-B)]
Therefore, it would have been prima facie obvious to modifying Kim and Holmes to obtain the invention as specified in claim 5 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art.
Claims 6-9 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over reference Kim (2021/0292015) in view of reference Holmes (11,235,895) as applied to claim 2 above, and further in view of reference Yokoyama et al. (11,208,219).
Regarding claim 6, Kim modified by Holmes disclose the claimed invention as stated above but do not disclose the second conveyor pushes the cassette into the first storage area.
Yokoyama et al. disclose a drug packaging system comprising first storage area (22) comprising a storage cylinder (28) having a columnar shape and being rotatable in a circumferential direction, wherein a cassette (26) is pushed into the first storage area (22). (Figure 5 and Column 10 lines 12-15, 36-43)
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 first storage area of Kim by incorporating the storage cylinder as taught by Yokoyama et al., since column 3 lines 3-10 of Yokoyama et al. states such a modification would help reduce the footprint of the packaging system.
When modifying Kim in view of Yokoyama et al., the second conveyor is interpreted to push the cassette into the first storage area.
Regarding claim 7, Kim modified by Holmes and Yokoyama et al. disclose the first storage area comprises a storage cylinder (Yokoyama et al. – 28) having a columnar shape and being rotatable in a circumferential direction. (Yokoyama et al. – Column 36-43)
Regarding claim 8, Kim modified by Holmes and Yokoyama et al. disclose the storage cylinder (Yokoyama et al. – 28) comprises a plurality of cassette accommodating positions (Yokoyama et al. – 30),
wherein each of the cassette accommodating positions are capable of accommodating the cassette (Kim – 110),
wherein the plurality of cassette accommodating portions (Yokoyama et al. – 30) are arranged in the circumferential direction of the storage cylinder (Yokoyama et al. – 28), and
wherein the second conveyor (Kim – 600) conveys the cassette (Kim – 110) from the second storage area (Kim – 500) to one of the plurality of cassette accommodating portions (Yokoyama et al. – 30).
(Kim – Page 5 paragraph 69)
(Yokoyama et al. – Figure 5 and Column 10 lines 36-43)
Regarding claim 9, Kim modified by Holmes and Yokoyama et al. disclose the plurality of cassette accommodating portions (Yokoyama et al. – 30) are allowed to pass through a loading position (Yokoyama et al. – 12a) by rotating the storage cylinder (Yokoyama et al. – 28) in the circumferential direction, wherein the second conveyor (Kim – 600) loads the cassette (Kim – 110) to the cassette accommodating portions (Yokoyama et al. – 30) located at the loading position (Yokoyama et al. – 12a), by conveying the cassette (Kim – 110) from the second storage area to the loading position (Yokoyama et al. – 12a). (Yokoyama et al. – Figure 4 and Column 9 lines 53-56, Column 10 lines 36-43)
Regarding claim 17, Kim modified by Holmes and Yokoyama et al. disclose the first storage area (Kim – 200) comprises a storage cylinder (Yokoyama et al. – 28) having a columnar shape and being rotatable in a circumferential direction. (Yokoyama et al. – Figure 5 and Column 10 lines 36-43)
Regarding claim 18, Kim modified by Holmes and Yokoyama et al. disclose the first storage area (Kim – 200) comprises a storage cylinder (Yokoyama et al. – 28) having a columnar shape and being rotatable in a circumferential direction. (Yokoyama et al. – Figure 5 and Column 10 lines 36-43)
Regarding claim 19, Kim modified by Holmes and Yokoyama et al. disclose the first storage area (Kim – 200) comprises a storage cylinder (Yokoyama et al. – 28) having a columnar shape and being rotatable in a circumferential direction. (Yokoyama et al. – Figure 5 and Column 10 lines 36-43)
Regarding claim 20, Kim modified by Holmes and Yokoyama et al. disclose the first storage area (Kim – 200) comprises a storage cylinder (Yokoyama et al. – 28) having a columnar shape and being rotatable in a circumferential direction. (Yokoyama et al. – Figure 5 and Column 10 lines 36-43)
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over reference Kim (2021/0292015) in view of reference Yokoyama et al. (11,208,219).
Regarding claim 16, Kim discloses a drug packaging system comprising:
a storage structure (200) that stores a cassette (110) containing drugs,
wherein the storage structure (200) is configured to dispense the drugs from the stored cassette (110);
a storage area (500) in which a plurality of cassettes are allowed to be stored,
wherein the storage area (500) is adjacent to the storage structure (200);
a conveyor (600) that conveys the cassette from the storage area (500) to the storage structure (200); and
a packaging unit (400) that packages the drugs, dispensed from the cassette stored in the storage structure (500), into a package body.
(Figures 2, 4 and Page 3 paragraph 44, Page 5 paragraph 69)
However, Kim does not disclose a storage cylinder.
Yokoyama et al. disclose a drug packaging system comprising first storage area (22) comprising a storage cylinder (28) having a columnar shape and being rotatable in a circumferential direction, wherein a cassette (26) is pushed into the first storage area (22). (Figure 5 and Column 10 lines 36-43)
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 first storage area of Kim by incorporating the storage cylinder as taught by Yokoyama et al., since column 3 lines 3-10 of Yokoyama et al. states such a modification would help reduce the footprint of the packaging system.
Allowable Subject Matter
Claims 10-15 are 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
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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/PATRICK B FRY/Examiner, Art Unit 3731 September 11, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
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