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 .
Claim Rejections - 35 USC § 103
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 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(s) 1-3 & 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 113384466) (English translation attached with copy) in view of Greenwald (US 6,513,679).
Interpretative note 1. “Comprising” in claim 1, line 5 has been interpretated as the transitional phrase. The preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). (See MPEP 2111.02.)
Interpretative note 2. The limitation “a partition part configured to partition an alignment space at a partition position halfway in an extension direction and to be able to change a partition position in an extension direction” is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
With respect to claims 1, 3 & 5, Zhou discloses-
a guide part 2 extending along an opening direction of a container opening part of a container body, a guide part including an alignment space (FIG. 1: stack of pills 6 shown in space) in which a plurality of solid objects 6 discharged through a container opening part from a storage part 7 can be aligned in an extension direction of a guide part;
an extendable/retractable partition part 321, 31, 35 configured to partition an alignment space at a partition position halfway (indicated by vertical positions #21 in FIGS 1-5) in an extension direction; and,
an openable and closeable outlet part 5, 51 for taking out a plurality of solid objects 6 from an alignment space is provided in a distal end part in an extension direction of a guide
Zhou discloses changing position of partition 321 as shown in FIGS. 2 & 3. Zhou also recognizes that different counts may require different partition positions along an extension direction as evidence by multiple grooves 21 along container body 2. Zhou does not disclose or the functional equivalent of a partition part that functions to partition a space AND change position in an extension direction.
Greenwald discloses a measuring device comprising a guide part 171 (FIGS. 16a-16d) that includes an alignment space (indicated generally as stack of pills 172 in guide part 171 in FIG. 16a), and a partition part 154, ‘223’ configured to partition an alignment space at a partition position halfway in an extension direction and to be able to change a partition position in an extension direction. (C18/L16-39 describing means by which partition 154, 223 moves.) It is noted that ‘223’ appears to be a typo and should have been referred to as reference character #232 to agree with the figures. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Zhou to include a partition part able to change a partition position in an extension direction, as taught by Greenwald, which makes counting and subsequent extraction, e.g. dispense, of pills or capsules reduces pill-to-pill rubbing when dispensed.
With respect to claim 2, Zhou discloses that a length of guide part 2 in a width direction orthogonal to an extension direction is equal to or less than a length in a width direction of a storage part 7.
Allowable Subject Matter
Claims 4 & 6-8 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
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/GREGORY W ADAMS/ Primary Examiner, Art Unit 3652
