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 .
Priority
Acknowledgement is made of applicant’s claim for foreign priority under 35 U.S.C. 119. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Receipt is acknowledged of an Information Disclosure Statement (IDS), filed 23 May 2025, which has been placed of record in the file. An initialed, signed, and dated copy of each PTO-1449 or PTO-SB-08 form is attached to the Office action.
Response to Preliminary Amendment
Receipt is acknowledged of a preliminary amendment, filed 23 May 2025, which has been placed of record and entered in the file.
Status of the claims:
Claims 1-13 are pending.
Claims 3-12 are amended.
Specification and Drawings:
Amendments to the specification and drawings have not been submitted in the amendment filed 23 May 2025.
Claim Objections
Claims 4, 5, 6, and 13 are objected to because of the following informalities:
In claim 4, line 2, it appears that --a-- should be inserted before “component”.
In claim 5, line 3, it appears that --the-- should be inserted before “channels”.
In claim 6, line 3, it appears that --a-- should be inserted before “first”.
In claim 13, line 3, it appears that --a-- should be inserted before “first”.
The above list is exemplary and not exhaustive. Applicant should carefully review all of claims 1-13 for editorial errors.
Appropriate correction 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)(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, 2, 4, 6-9, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lakso (US Patent No. 2,671,589).
With respect to claim 1, Lakso discloses a transfer device for transferring an array of doses of medicines (device for delivering and packaging pills, col., 1, l. 1-5), the transfer device comprising a body extending along a main axis between a top face located at an upper part of the body and a bottom face located at a lower part of the body (bar 56 including top face and bottom face, fig. 1), the top face including a group of entrance openings arranged in an entrance matrix in a plane transverse to the main axis at the level of the top face (plurality of entrance openings at top of bar 56, fig. 2), the entrance openings each being arranged to receive a dose of medicines of the array (bar 56 receives the pills/articles, col. 3, l. 56 - col. 4, l. 12), the body comprising a bundle of channels for passing doses of medicines therethrough (chutes 64, fig. 2, col. 3, l. 56 - col. 4, l.2), each channel extending along the body from a single entrance opening of the group of entrance openings to a single exit opening of a group of exit openings arranged in an exit matrix in a plane transverse to the main axis of the body at the level of the bottom face (each chute 64 extending from an entrance opening to an exit opening at bottom of bar 56, fig. 2), at least one of the channels extending along the body with a component transverse to the main axis of the body so as to transpose the array of doses of medicines from a first spatial configuration corresponding to the entrance matrix to a second spatial configuration corresponding to the exit matrix (a plurality of the chutes 64 include a transverse component, pills/articles have a first spatial configuration at entrance opening and a second spatial configuration at exit opening, fig. 2).
With respect to claim 2, Lakso discloses channels of the bundle diverge relative to each other while extending from the entrance opening to the exit opening (outer channels 64 diverge from entrance opening to exit opening, fig. 2).
With respect to claim 4, Lakso discloses at least one of the channels extends along the main axis of the body free of component transverse to the main axis of the body (center channel 64 is free of a transverse component, fig. 2).
With respect to claim 6, Lakso discloses entrance openings of the entrance matrix and/or exit openings of the exit matrix are arranged on a pitch in at least first direction in the plane of the matrix (entrance openings and exit openings arranged in a line, on a pitch, fig. 2).
With respect to claim 7, Lakso discloses the channels, entrance openings and/or exit openings include or cooperate with a hatch that is movable between a first state in which it blocks an opening or channel for medicines and a second state in which it leaves an opening or channel free for medicines (plungers 48 move to the left and right to hold the pills/articles A and cooperate with the chutes 64 to alternately block and leave open the chutes, fig. 2, col. 3, l. 40-56).
With respect to claim 8, Lakso discloses the body includes two mutually transversely arranged sets of a number of mutually parallel planar strips to define openings and channels therebetween (chutes 64 include parallel walls of center chute, first parallel inner walls of diverging chutes, and second parallel walls of diverging chutes, fig. 2).
With respect to claim 9, Lakso discloses the transfer device includes multiple stages along its main axis (chutes 44 comprise a first stage, and chutes 64 comprise a second stage, figs. 1, 2, 3).
With respect to claim 12, Lakso discloses a method of transferring medicines (delivering and packaging pills, col., 1, l. 1-5), using a transfer device according to claim 1, wherein doses of an array of doses of medicines are each passed through one of a bundle of channels having a main axis (pills/articles A pass through chutes 64, fig. 2, col. 3, l. 56 - col. 4, l.2), at least one of the channels extending with a component of movement transverse to the main axis , so that the medicines are transposed from a first spatial configuration corresponding to an entrance matrix of entrance openings of the channels to a second spatial configuration corresponding to an exit matrix of openings of the channels (a plurality of the chutes 64 include a transverse component, pills/articles have a first spatial configuration at entrance opening and a second spatial configuration at exit opening, fig. 2).
Claims 1-4, 6-8, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thompson (US Patent Publ. No. 2015/0175282).
With respect to claim 1, Thompson discloses a transfer device for transferring an array of doses of medicines (a solid dose feeder, [0110], fig. 9A), the transfer device (tablet feeder 10, fig. 1) comprising a body extending along a main axis between a top face located at an upper part of the body and a bottom face located at a lower part of the body (plate 12 with upper edge 18 and lower edge 20, fig. 1), the top face including a group of entrance openings arranged in an entrance matrix in a plane transverse to the main axis at the level of the top face (upper end 30 of channel 28, fig. 2), the entrance openings each being arranged to receive a dose of medicines of the array (channels 28 receive tablets 70, fig. 9A), the body comprising a bundle of channels for passing doses of medicines therethrough (plurality of channels 28, fig. 2), each channel extending along the body from a single entrance opening of the group of entrance openings to a single exit opening of a group of exit openings arranged in an exit matrix in a plane transverse to the main axis of the body at the level of the bottom face (each channel 28 includes a single entrance opening at upper end 30 and a single exit opening at lower end 32, fig. 2), at least one of the channels extending along the body with a component transverse to the main axis of the body so as to transpose the array of doses of medicines from a first spatial configuration corresponding to the entrance matrix to a second spatial configuration corresponding to the exit matrix (channels 28 can be sinusoidal, diagonal, divergent-convergent, first spatial configuration of tablets 70 at top of channel 28 and second spatial configuration of tablets 70 at bottom of channel 28, fig. 2, [0113]).
With respect to claim 2, Thompson discloses channels of the bundle diverge relative to each other while extending from the entrance opening to the exit opening (channels 28 can be divergent-convergent, [0113]).
With respect to claim 3, Thompson discloses channels of the bundle converge relative to each other while extending from the entrance opening to the exit opening (channels 28 can be divergent-convergent, [0113]).
With respect to claim 4, Thompson discloses at least one of the channels extends along the main axis of the body free of component transverse to the main axis of the body (channels 28 may be parallel, fig. 1, [0113]).
With respect to claim 6, Thompson discloses entrance openings of the entrance matrix and/or exit openings of the exit matrix are arranged on a pitch in at least first direction in the plane of the matrix (upper ends 30 and lower ends 32 arranged in a line on a pitch, fig. 2).
With respect to claim 7, Thompson discloses channels, entrance openings and/or exit openings include or cooperate with a hatch that is movable between a first state in which it blocks an opening or channel for medicines and a second state in which it leaves an opening or channel free for medicines (gate member 42 is slidable to alternately block and leave open the channels 28, fig. 6).
With respect to claim 8, Thompson discloses the body includes two mutually transversely arranged sets of a number of mutually parallel planar strips to define openings and channels therebetween (a plurality planar walls defining the channels 28, figs. 2, 3).
With respect to claim 12, Thompson discloses a method of transferring medicines (tablet feeder 10, fig. 1), using a transfer device according to claim1, wherein doses of an array of doses of medicines are each passed through one of a bundle of channels having a main axis (plurality of channels 28, fig. 2), at least one of the channels extending with a component of movement transverse to the main axis , so that the medicines are transposed from a first spatial configuration corresponding to an entrance matrix of entrance openings of the channels to a second spatial configuration corresponding to an exit matrix of openings of the channels (channels 28 can be sinusoidal, diagonal, divergent-convergent, first spatial configuration of tablets 70 at top of channel 28 and second spatial configuration of tablets 70 at bottom of channel 28, fig. 2, [0113]).
Claims 1, 4-10, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aylward (US Patent No. 5,737,902), cited by applicant.
With respect to claim 1, Aylward discloses a transfer device for transferring an array of doses of medicines (device for packaging pills, col. 1, l. 5-8), the transfer device (packaging apparatus 10, fig. 1) comprising a body extending along a main axis between a top face located at an upper part of the body and a bottom face located at a lower part of the body (drop chute assembly 23 including top face 30 and bottom face 48, figs. 2, 3, 6), the top face including a group of entrance openings arranged in an entrance matrix in a plane transverse to the main axis at the level of the top face (openings in plate 30 form an array, fig. 3), the entrance openings each being arranged to receive a dose of medicines of the array (pills are received through tubes 40, fig. 2), the body comprising a bundle of channels for passing doses of medicines therethrough (plurality of channels 45, figs. 2, 3), each channel extending along the body from a single entrance opening of the group of entrance openings to a single exit opening of a group of exit openings arranged in an exit matrix in a plane transverse to the main axis of the body at the level of the bottom face (each channel 45 includes a single entrance opening and a single exit opening, fig. 6), at least one of the channels extending along the body with a component transverse to the main axis of the body so as to transpose the array of doses of medicines from a first spatial configuration corresponding to the entrance matrix to a second spatial configuration corresponding to the exit matrix (channel 45 includes a component transverse to the main axis, fig. 6, first spatial configuration of pills 16 at top of channel 45 and second spatial configuration of pills 16 at bottom of channel 45, figs. 6-11).
With respect to claim 4, Aylward discloses at least one of the channels extends along the main axis of the body free of a component transverse to the main axis of the body (channels 45, at their upper portions, extend along the main axis free of a component transverse to the main axis, fig. 6).
With respect to claim 5, Aylward discloses channels are defined by one or more circumferential walls (the portions of the channels defined by tubes 40 include circumferential walls, holes in plate 30 include circumferential walls, fig. 2).
With respect to claim 6, Ayward discloses entrance openings of the entrance matrix and/or exit openings of the exit matrix are arranged on a pitch in at least first direction in the plane of the matrix (entrance openings and exit openings are arranged in a line on a pitch, fig. 3).
With respect to claim 7, Ayward discloses channels, entrance openings and/or exit openings include or cooperate with a hatch that is movable between a first state in which it blocks an opening or channel for medicines and a second state in which it leaves an opening or channel free for medicines (pins 35, 36 cooperate with channels, entrance openings, and exit openings to alternately block and leave open the channels 45, fig. 6).
With respect to claim 8, Ayward discloses the body includes two mutually transversely arranged sets of a number of mutually parallel planar strips to define openings and channels therebetween (mutually transversely arranged sets of parallel strips 32, the channels 45 and openings are defined between strips 332, fig. 3).
With respect to claim 9, Ayward discloses the transfer device includes multiple stages along its main axis (a first stage defined by tubes 40, a second stage defined by channels 45, fig. 2).
With respect to claim 10, Ayward discloses a packaging device (apparatus and method for packaging pills, col. 1, l. 1-2), including a frame (frame 11, fig. 2) having a top arranged to receive a first carrier with a matrix of cavities for receiving doses of medicines therein having a first spatial configuration (tray 21 with openings 22 having a first spatial configuration, fig.1) and a bottom arranged to receive a second carrier with matrix of cavities for receiving doses of medicines therein having a second spatial configuration (conveyor 14 that receives packages 15 having a matrix of cavities, fig. 1) and a transfer device according to claim1, included in the frame with openings in its top face arranged to cooperate with cavities of the first carrier (openings in plate 30, fig. 3)) and openings in its bottom face arranged to correspond with cavities of the second carrier so as to transpose an array of doses of medicines of the first carrier from a first spatial configuration to a second spatial configuration (exit openings in channels 45 that correspond to receptacles 18 in packages 15, figs. 6, 15).
With respect to claim 12, Ayward discloses a method of transferring medicines (apparatus and method for packaging pills, col. 1, l. 1-2), using a transfer device according to claim 1, wherein doses of an array of doses of medicines are each passed through one of a bundle of channels having a main axis (channels 45, fig. 2), at least one of the channels extending with a component of movement transverse to the main axis (channels 45 include a component of movement transverse to the main axis, fig. 6), so that the medicines are transposed from a first spatial configuration corresponding to an entrance matrix of entrance openings of the channels to a second spatial configuration corresponding to an exit matrix of openings of the channels (first spatial configuration of plate 30 to second spatial configuration of exit openings of channels 45, fig. 6).
With respect to claim 13, Ayward discloses doses of medicine are passed through channels in a first stage of the bundle with a component of movement transverse to the main axis in first transverse direction only (a first stage in which tablets 16 move through channels 45 with a component of movement perpendicular to main, vertical axis, fig. 8), and in a second stage with a component of movement transverse to the main axis in second transverse direction, perpendicular to the first direction only (a second stage in which tablets 16 move through channels 45 in vertical direction, transverse to the direction of the first stage and with a component perpendicular to the transverse direction, i.e., when the tablet 16 is at the top of channel 45, fig. 6).
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ayward in view of Thompson and Scholten et al. (US Patent No. 3,097,743).
With respect to claim 11, Ayward discloses a transfer device according to claim 1 (table feeder 10, fig. 1), including a hatch that is movable between a first state in which it blocks its corresponding entrance opening and a second state in which it leaves its corresponding entrance opening free to allow passage of the dose of medicine (pins 35, 36 cooperate with channels, entrance openings, and exit openings to alternately block and leave open the channels 45, fig. 6), and an inspected dose carrier with a matrix of cavities for receiving inspected doses of medicines therein (conveyor 14 that receives packages 15 having a matrix of cavities, fig. 1).
Ayward fails to disclose a pitch, spacing and/or dimension of the exit openings in the plane of the exit matrix of the transfer device is reduced relative to the pitch, spacing and/or dimension of the entrance openings in the plane of the entrance matrix.
Thompson discloses in a similar type of system that it is old and well known to have a pitch of the exit openings in the plane of the exit matrix of the transfer device is reduced relative to the pitch the entrance openings in the plane of the entrance matrix (channels 28 can be divergent-convergent, [0113]).
It 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 to modify the Ayward device by substituting a pitch of the exit openings in the plane of the exit matrix of the transfer device is reduced relative to the pitch the entrance openings in the plane of the entrance matrix, suggested by Thompson, for the pitch of the exit openings in the plane of the exit matrix of the transfer device substantially the same relative to the pitch the entrance openings in the plane of the entrance matrix of Ayward, in order to allow a change in the spacing between the tablets. In this instance, a skilled artisan would have recognized that the substitution of the reduced pitch from the Thompson reference for the substantially equal pitch of the Ayward reference involves no more than the predictable use of prior art elements according to their established functions, and that one of ordinary skill in the art could have substituted one known element for another and the results would have been predictable.
Ayward fails to disclose a medicine dose inspection device comprising an inspection plane with an inspection matrix of substantially planar inspection positions on which doses of medicines may be paced to be inspected, the inspection positions being arranged to correspond with the entrance openings of the entrance matrix.
Scholten et al. disclose a medicine dose feeding and inspection device comprising an inspection plane with an inspection matrix of substantially planar inspection positions on which doses of medicines may be paced to be inspected (capsules 20 are paced along the surface of inclined chutes 28 for inspection, fig. 2, col. 3, l. 45-67).
It 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 to modify the Ayward device by including an inspection plane with an inspection matrix of substantially planar inspection positions on which doses of medicines may be paced to be inspected, suggested by Scholten et al., and corresponding to entrance openings in the Ayward device, in order to be able to reject inferior tablets. In this instance, a skilled artisan would have recognized that the addition of the inspection matrix of substantially planar inspection positions on which doses of medicines may be paced to be inspected from the Thompson device to the Ayward device involves no more than the predictable use of prior art elements according to their established functions, and that one of ordinary skill in the art could have included the known element and the results would have been predictable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Holmes (US Patent No. 11,724,837) discloses an inspection and packaging device including converging tablet channels (fig. 10).
Arsenault et al. (WO 2021/202835) discloses a pill packaging device including converging tablet channels (fig. 31).
Clarke et al. (WO 2009/086538) disclose a pill transfer device including converging channels.
Hiddink et al. (US Patent No. 7,318,304) discloses a pill transfer device.
Steiger et al. (US Patent No. 5,393,913) disclose a transfer device with channel strips (fig. 3).
Armstrong (US Patent No. 3,757,995) disclose a transfer device with multiple direction channels (fig. 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linda J. Hodge whose telephone number is (571)272-0571. The examiner can normally be reached Monday-Friday 8:00-5:00.
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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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/LINDA J. HODGE/Primary Examiner, Art Unit 3731
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