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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5,7-10 and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Kouyoumjian (US 2013/0245604 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).
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 03/31/2026 have been fully considered but they are not persuasive. See modified rejections cited above.
Applicant amendment to the specifications and the drawings filed 03/31/2026 are fully considered and are entered.
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).
It is suggested the Applicant positively recite the structure of the embodiment specifically to overcome the teaching gleaned from the Kouyoumjian reference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 RAKESH KUMAR whose telephone number is (571)272-8314. The examiner can normally be reached M-TH from 8AM-6:30PM EST.
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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.
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/RAKESH KUMAR/ Primary Examiner, Art Unit 3651