Prosecution Insights
Last updated: October 04, 2026
Application No. 19/170,709

MEDICATION DISPENSING SYSTEM HAVING A HANDHELD ORAL MEDICATION DISPENSING DEVICE WITH KEYED MEDICATION CARTRIDGE

Non-Final OA §103§112
Filed
Apr 04, 2025
Priority
Mar 08, 2024 — continuation of 12/268,656
Examiner
KUMAR, RAKESH
Art Unit
3651
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Aspargo Laboratories, Inc.
OA Round
3 (Non-Final)
57%
Grant Probability
Moderate
3-4
OA Rounds
1y 5m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
585 granted / 1023 resolved
+5.2% vs TC avg
Strong +28% interview lift
Without
With
+28.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
42 currently pending
Career history
1072
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
53.0%
+13.0% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
26.4%
-13.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1023 resolved cases

Office Action

§103 §112
Final Rejection 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/24/2026 has been entered. 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 1-5,7-10 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kouyoumjian (US 2013/0245604 A1) in view of Kamboj (US 20160135567 A1). Referring to claim 1. Kouyoumjian discloses a medication dispensing system (500; Figure 21), comprising: a medication dispensing device (10), the medication dispensing device (10) having a housing (housing of 10) with a cartridge carrier (524; Figure 22) therein, the cartridge carrier (524; Figure 22) having a keyed connector (521; Figure 22) that is keyed to a medication cartridge (cartridges 100 and 90) to allow for insertion and alignment of the medication cartridge (cartridges 100 and 90) within the cartridge carrier (524; Figure 22); and a medication cartridge (cartridges 100 and 90) for insertion within the cartridge carrier (524; Figure 22) wherein the keyed connector (521; Figure 22) includes one or more alignment features (circumference of 521 configured to align within cartridge 100 and 90) comprising inwardly projecting protrusions (portion of 521 extending from the circumference of 521 inwards to the shaft 644) extending from an interior surface of the cartridge carrier (524; see member 521 attached to shaft 644; Figure 26), the protrusions (portion of 521 extending from the circumference of 521 inwards to the shaft 644) engaging corresponding portions of the medication cartridge (inner contacting surface of cartridge 100 and 90 contacting the circumference of 521) to define an interlocking interface ((inner contacting surface of cartridge 100 and 90 restrains member 521) that constrains orientation (stays in an upright position) of the medication cartridge (see Figure 22). Kouyoumjian does not disclose the keyed connector includes one or more alignment features comprising at least a pair of inwardly projecting protrusions extending from an interior surface of the cartridge carrier toward one another. Kamboj disclose multiple cosmetic holder and applicator (Figure 3A) comprising a the keyed connector (130) includes one or more alignment features (138) comprising at least a pair of inwardly projecting protrusions (inward projecting portions of 138; raised thread portions) extending from an interior surface of the cartridge carrier (130) toward one another. It would have been obvious for a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Kouyoumjian to include keyed connector including one or more alignment features comprising at least a pair of inwardly projecting protrusions extending from an interior surface of the cartridge carrier toward one another as taught by Kamboj because the one or more alignment features on the cartridge carrier can be used to engage the medicine cartridge to advance the cartridge towards the dispensing end without projecting an insert into the cartridge. Referring to claim 2. Kouyoumjian discloses a medication dispensing system (500; Figure 21), comprising: wherein an activator mechanism (including motors 530 and 536; Figure 22) is positioned within the housing (housing of 10), the activator mechanism (including motors 530 and 536; Figure 22) operably connected with the cartridge carrier (524; Figure 22) to cause the cartridge carrier to actuate (motor 530 drives member 519 into the cartridge to actuate dispensing) ,whereby upon actuation of the cartridge carrier, the cartridge carrier (524; Figure 22) selectively moves an inserted medication cartridge (100 and 90) between a stored position (initial resting position of the cartridge 100) and a dispensing position (position wherein member 519 is driven into the cartridge 100 for dispensing). Referring to claim 3. Kouyoumjian discloses a medication dispensing system (500; Figure 21), comprising: wherein the cartridge carrier (524; Figure 22) is rotatable within the housing (see gear assembly 656 configured to rotate member 660; Figure 22). Referring to claim 4. Kouyoumjian discloses a medication dispensing system (500; Figure 21), comprising: wherein the cartridge carrier (524; Figure 22) includes a proximal end (end of 524 adjacent member 521) and a distal end (end of 524 adjacent member 536), the proximal end being open for receiving the medication cartridge (receiving medication cartridge onto member 521; Figure 22) therein, while the distal end (end of 524 adjacent member 536) includes a gear wheel (656; Figure 26) operably connected to the activator mechanism (636; Figure 26). Referring to claim 5. Kouyoumjian discloses a medication dispensing system (500; Figure 21), comprising: wherein the activator mechanism the activator mechanism (including motors 530 and 536; Figure 22) includes at least a battery (510), a motor (motor 536), and one or more gears (gears 546; see Figure 22) that are operably connected to the gear wheel (656; Figure 26), such that activation of the activator mechanism (activation of the motor 536) causes the motor (536) to turn the one or more gears (gear assembly 546; Figure 22) to turn the gear wheel (656; Figure 26) and rotate the cartridge carrier (524; Figure 22). Referring to claim 7. Kouyoumjian discloses a medication dispensing system (500; Figure 21), comprising: wherein the medication cartridge (cartridges 90 and 100) is an elongated cartridge (see elongated cartridge 100; Figure 22) with one or more alignment channels (one alignment channel defined by the exterior skirt of the housing of the cartridge 100 wherein the tip of the plunger 644 enters the cartridge; Figure 22) that align with and receive the one or more alignment features (circular shaped tip of plunger 644 aligned inside of the cartridge skirt of cartridge 100). Referring to claim 8. Kouyoumjian discloses a medication dispensing system (500; Figure 21), comprising: wherein the one or more alignment channels (one alignment channel defined by the exterior skirt of the housing of the cartridge 100 wherein the tip of the plunger 644 enters the cartridge; Figure 22) includes a pair of opposing channels (exterior threads of 644 and interior 680 that engage each other; Figure 26), while the one or more alignment features are a pair of opposing protrusions that slide within the pair of opposing channels (opposing protrusion of exterior threads of 644 and protrusion of interior threads of 680 that engage each other; Figure 26). Referring to claim 9. Kouyoumjian discloses a medication dispensing system (500; Figure 21), comprising: wherein the medication cartridge (including cartridges 100 and 90) is comprised of a shell having a dispensing aperture (see dispensing end of 100 and 90; Figure 22) and a vial (vial as shown be reference numeral 94 compressed by member 623; Figure 22) slidably (vial portion 94 and 104 can be compressed by member 623 in a longitudinal direction) positioned within the shell (within the housing of 100 and 90), the vial (portion of 94) having a pump assembly (valves 262 and 268; disposed at the dispensing end of the cartridge 100; Figure 15; is advantageous to store the active drug agents separately and only combine them at the point of delivery, for example, by injection, needle-less injection, pumps, or inhalation; Para. [0003]) with an outlet aligned (outlet of valves 262 and 268) with the dispensing aperture (290; Figure 15). Referring to claim 10. Kouyoumjian discloses a medication dispensing system (500; Figure 21), comprising: wherein the vial (vial as shown be reference numeral 94 compressed by member 623; Figure 22) is slidable within the shell (compressible within cartridge housing 100 and 90) between an expanded state (at initial state at rest) and a compressed state (second state wherein member plunger 623 is driven into the cartridge to compress the cartridge 100 and initiate dispensing; Figure 26), such that when transitioning to the compressed state, the pump assembly (valves 262 and 268) is actuated to pump medicine from the outlet (outlet of valves 262 and 268) and through the dispensing aperture (290; Figure 15). Referring to claim 19. Kouyoumjian discloses a medication dispensing system (500; Figure 21), comprising: further comprising an authentication mechanism (display 80 can request a password; Alternatively, these therapeutic profiles may be password protected and selectable only by a person authorized with the password, such a physician or patient care giver; Para. [0278]) operably connected with the activator mechanism (actuator motor 530 and 536), the authentication mechanism operable for authenticating a user (password protected) and, when authenticated, activating the activator mechanism (actuator motor 530 and 536) to cause the cartridge carrier (524; Figure 22) to actuate and move (rotate and move) an inserted medication cartridge from a stored position (initial position at rest) to a dispensing position (position of moving the piston within the cartridge). Referring to claim 19. Kouyoumjian discloses a medication dispensing system (500; Figure 21), comprising: wherein the medication cartridge (including cartridges 100 and 90) is comprised of a shell (skirt of housing of cartridge 100 and 90) having a dispensing aperture (tip portion of the dispensing cartridge; Figure 25) and a vial slidably (inner compressible portion of cartridge) positioned within the shell (skirt of housing of cartridge 100 and 90), the vial having a pump assembly (valve assembly 262 and 268; Figure 15) with an outlet (290; Figure 15) aligned with the dispensing aperture (tip portion of the dispensing cartridge; Figure 25). Allowable Subject Matter Claims 11-18 are would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Claims 11-18 recite the limitations wherein the shell includes a pair of opposing slots that align with the pair of opposing channels such that the pair of opposing protrusions pass through the pair of opposing slots and into the pair of opposing channels. The limitations as recited are allowable over the prior art of record because the teachings of the references taken as a whole do not show or render obvious the combination set forth, in combination with the rest of the claim language is not taught or fairly suggested by the prior art. Response to Arguments Applicant's arguments filed 07/24/2026 have been fully considered but they are not persuasive. See new rejections in light of Kouyoumjian (US 2013/0245604 A1) in view of Kamboj (US 20160135567 A1) cited above. Applicant argues “wherein the keyed connector includes one or more alignment features comprising inwardly projecting protrusions extending from an interior surface of the cartridge carrier, the protrusions engaging corresponding portions of the medication cartridge to define an interlocking interface that constrains orientation of the medication cartridge.” In view of the Examiner, the references of Kouyoumjian disclose the structure wherein the keyed connector (521; Figure 22) includes one or more alignment features (circumference of 521 configured to align within cartridge 100 and 90) comprising inwardly projecting protrusions (portion of 521 extending from the circumference of 521 inwards to the shaft 644) extending from an interior surface of the cartridge carrier (524; see member 521 attached to shaft 644; Figure 26), the protrusions (portion of 521 extending from the circumference of 521 inwards to the shaft 644) engaging corresponding portions of the medication cartridge (inner contacting surface of cartridge 100 and 90 contacting the circumference of 521) to define an interlocking interface (inner contacting surface of cartridge 100 and 90 restrains member 521) that constrains orientation (stays in an upright position) of the medication cartridge (see Figure 22). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RAKESH KUMAR/Primary Examiner, Art Unit 3651
Read full office action

Prosecution Timeline

Apr 04, 2025
Application Filed
Jan 07, 2026
Non-Final Rejection mailed — §103, §112
Mar 31, 2026
Response Filed
Apr 24, 2026
Final Rejection mailed — §103, §112
Jul 24, 2026
Request for Continued Examination
Jul 29, 2026
Response after Non-Final Action
Sep 02, 2026
Non-Final Rejection mailed — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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4y 7m to grant Granted Aug 25, 2026
Patent 12714269
SHEET PRODUCT DISPENSER WITH MOTOR OPERATION SENSING
4y 1m to grant Granted Aug 25, 2026
Patent 12697285
RECHARGEABLE HANDHELD ORAL MEDICATION DISPENSING DEVICE
2y 4m to grant Granted Aug 04, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
57%
Grant Probability
85%
With Interview (+28.2%)
2y 11m (~1y 5m remaining)
Median Time to Grant
High
PTA Risk
Based on 1023 resolved cases by this examiner. Grant probability derived from career allowance rate.

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