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 .
Specification
The disclosure is objected to because of the following informalities:
[0061] should be amended to recite "Note that Fig. [[2a]] 2b depicts the medication cartridge in a stored position..." to correct the figure being described.
[0062] should be amended to recite "In the stored position, as shown in Fig. [[2a]] 2b,...the medication cartridge 102..." to correct the figure being described and provide a space between the word "cartridge" and reference numeral "102."
[0067] should be amended to recite "the cartridge carrier 200 is rotated partially until alignment features..." to improve the grammar and understanding of this sentence within the paragraph.
[0073] should be amended to recite "and intended for device 100 replacement upon..." to add a space between the word "device" and reference numeral "100."
[0088] should be amended to recite "while a user can selectively press the shell 600..." to improve the grammar and understanding of this sentence within the paragraph.
Appropriate correction is required.
Claim Objections
Claim 13 is objected to because of the following informalities:
Claim 13 should be amended to recite the following to correct the duplicated period punctuation mark:
Appropriate correction is required. The medication cartridge as set forth in Claim 12, wherein the vial includes a pair of opposing channels formed along the vial, the pair of opposing channels formed to align with and receive one or more alignment features of an oral medication dispensing device.[[.]]
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 – 8, 10, and 11 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 4, the recitation of “a pair of opposing slots that align with the pair of opposing channels” is confusing because claim 3 requires that the one or more alignment channels includes a pair of opposing channels but claims 6, 7, 10, and 11 appear to require multiple pairs of opposing slots for respective pairs of opposing channels. Therefore, it is unclear whether the claim requires only a pair of opposing slots for the pair of opposing channels or if the claim is requiring a pair of opposing slots for each pair of opposing channels of the one or more alignment channels. For the purpose of examination, the recitation is interpreted as requiring a pair of opposing slots that align with each pair of opposing channels of the one or more alignment channels.
Claims 5-8 and 10 are also rejected for incorporating the above confusion through their respective claim dependencies.
Regarding claims 6 and 10, the recitations of “each of the pair of opposing slots” are confusing because the claim appears to only require one pair of opposing slots that aligns with the pair of opposing channels. However, this confusion would be clarified if claim 4 is amended to recite the scope as the claim is interpreted to require.
Regarding claims 7 and 11, the recitations of “each of the pair of opposing channels” are confusing because the claim only requires one pair of opposing channel in claim 3. However, this confusion would be clarified if claim 4 is amended to recite the scope as the claim is interpreted to require.
Claim 11 also recites the limitations “the bottom end,” “the top end,” “the first junction,” and “the second junction.” There is insufficient antecedent basis for these limitations in the claim.
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.
Claim(s) 1-5, 9, and 11-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wuttke et al. (US Pub. No. 2021/0146066 A1) (hereinafter referred to as “Wuttke”).
Claim 1. Wuttke discloses a medication cartridge, comprising:
an elongated cartridge (3) with one or more alignment channels (see at 20a in Fig. 3) that are formed to align with and receive one or more alignment features (6A) of an oral medication dispensing device (1) ([0316]).
Claim 2. Wuttke discloses the medication cartridge as set forth in Claim 1, wherein the elongated cartridge includes:
a shell (20) having a dispensing aperture (21);
a vial (4, 28) slidably positioned within the shell (Figs. 1, 2; [0123]), the vial having a pump assembly (25) with an outlet (i.e., opening at fixed end 25A in Fig. 3) aligned with the dispensing aperture (Fig. 3) ([0230]; i.e., since flexible tube 25 forms a part of the pumping assembly for suction).
Claim 3. Wuttke discloses the medication cartridge as set forth in Claim 2, wherein the one or more alignment channels (see at 20a in Figure 3 and the same location along the intermediate container 28 in Figure 1) includes a pair of opposing channels formed along the vial (i.e., the pair of opposing channels are the first and second circumferential halves of the annual recess of intermediate container 28 that aligns with corresponding protrusions of holder 6) (see arrow in annotated Fig. 1 below).
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Claim 4. Wuttke discloses the medication cartridge as set forth in Claim 3, wherein the shell (20) includes a pair of opposing slots (20a) (see [0177] where the pair of opposing slots are the first and second circumferential halves of the annular recess 20a) that align with the pair of opposing channels (see at 20a in Fig. 3 and the same location on the intermediate container in Figure 1) (i.e., slot formed by indentation 20a and slot of closure 21 is aligned with the identified channels of intermediate container 28 identified in annotated Fig. 1).
Claim 5. Wuttke discloses the medication cartridge as set forth in Claim 4, wherein the vial (4, 28) is slidable within the shell (20) between an expanded state (i.e., prior to collapsing of collapsible volume 4) and a compressed state (i.e., after collapsing of collapsible volume 4), such that when transitioning to the compressed state, the pump assembly (25) is actuated to pump medicine from the outlet (i.e., opening at fixed end 25A in Fig. 3) and through the dispensing aperture (21) ([0123], [0130]).
Claim 9. Wuttke discloses the medication cartridge as set forth in Claim 2, wherein the vial (4, 28) is slidable within the shell (20) between an expanded state (i.e., prior to collapsing of collapsible volume 4) and a compressed state (i.e., after collapsing of collapsible volume 4), such that when transitioning to the compressed state, the pump assembly (25) is actuated to pump medicine from the outlet (i.e., opening at fixed end 25A in Fig. 3) and through the dispensing aperture ([0123], [0130]).
Claim 11. Wuttke discloses the medication cartridge as set forth in Claim 3, wherein each of the pair of opposing channels (i.e., the pair of opposing channels are the first and second circumferential halves of the annual recess of intermediate container 28 that aligns with corresponding protrusions of holder 6) (see arrow in annotated Fig. 1 above). rises upward from the bottom end toward the top end to the first junction (i.e., junction between the two identified channels in annotated Fig. 1), and then traverses downward at an angle from the first junction toward the second junction (i.e., the profile of intermediate container 28 is at an angle at the identified channels), where each of the pair of opposing channels terminates in a channel terminal (i.e., end of the respective channels).
Claim 12. Wuttke discloses a medication cartridge, comprising:
a shell (20) having a dispensing aperture (21) (Fig. 1);
a vial (4, 28) slidably positioned within the shell (Figs. 1, 2; [0123]), the vial having a pump assembly (25) with an outlet (i.e., opening at fixed end 25A) aligned with the dispensing aperture (Fig. 3) ([0230]; i.e., since flexible tube 25 forms a part of the pumping assembly for suction).
Claim 13. Wuttke discloses the medication cartridge as set forth in Claim 12, wherein the vial includes a pair of opposing channels (i.e., the pair of opposing channels are the first and second circumferential halves of the annual recess of intermediate container 28 that aligns with corresponding protrusions of holder 6) (see arrow in annotated Fig. 1 above) formed along the vial (4, 28), the pair of opposing channels formed to align with and receive one or more alignment features (6A) of an oral medication dispensing device (1) ([0316]).
Claim 14. Wuttke discloses the medication cartridge as set forth in Claim 13, wherein the shell includes a pair of opposing slots (20a) (see [0177] where the pair of opposing slots are the first and second circumferential halves of the annular recess 20a) that align with the pair of opposing channels (i.e., the pair of opposing channels are the first and second circumferential halves of the annual recess of intermediate container 28 that aligns with corresponding protrusions of holder 6) (see arrow in annotated Fig. 1 above).
Claim 15. Wuttke discloses the medication cartridge as set forth in Claim 14, wherein the vial (4, 28) is slidable within the shell (20) between an expanded state (i.e., prior to collapsing of collapsible volume 4) and a compressed state (i.e., after collapsing of collapsible volume 4), such that when transitioning to the compressed state, the pump assembly (25) is actuated to pump medicine from the outlet (i.e., opening at fixed end 25A) and through the dispensing aperture (21) ([0123], [0130]).
Claim 16. Wuttke discloses the medication cartridge as set forth in Claim 12, wherein the vial (4, 28) is slidable within the shell (20) between an expanded state (i.e., prior to collapsing of collapsible volume 4) and a compressed state (i.e., after collapsing of collapsible volume 4), such that when transitioning to the compressed state, the pump assembly (25) is actuated to pump medicine from the outlet (i.e., opening at fixed end 25A) and through the dispensing aperture (21) ([0123], [0130]).
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim(s) 10 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim(s) 5 of prior U.S. Patent No. 12,280,014 B1 (hereinafter referred to as “USPAT ’014”). This is a statutory double patenting rejection.
With regards to claim 10, Claim 5 of USPAT ’014 recites the claimed invention of claim 10 of the current Application (see Col. 16, line 51 – Col. 17, line 4 of USPAT ’014).
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim(s) 1 – 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1 – 9 of USPAT ’014. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
With regards to claim 1, Claims 1 and 5 of USPAT ’014 each recite a medication cartridge, comprising:
an elongated cartridge with one or more alignment channels that are formed to align with and receive one or more alignment features of an oral medication dispensing device (see Col. 16, lines 7 – 30 and Col. 16, line 51 – Col. 17, line 4 of USPAT ’014).
With regards to claim 2, Claims 1 and 5 of USPAT ’014 each recite the claimed invention of Claim 1 of the current application, and Claims 1 and 5 of USPAT ’014 each further recite wherein the elongated cartridge includes:
a shell having a dispensing aperture;
a vial slidably positioned within the shell, the vial having a pump assembly with an outlet aligned with the dispensing aperture (see Col. 16, lines 7 – 30 and Col. 16, line 51 – Col. 17, line 4 of USPAT ’014).
With regards to claim 3, Claims 1 and 5 of USPAT ’014 each recite the claimed invention of Claim 2 of the current application, and Claims 1 and 5 of USPAT ’014 each further recite wherein the one or more alignment channels includes a pair of opposing channels formed along the vial (see Col. 16, lines 7 – 30 and Col. 16, line 51 – Col. 17, line 4 of USPAT ’014).
With regards to claim 4, Claims 1 and 5 of USPAT ’014 recites the claimed invention of Claim 3 of the current application, and Claims 1 and 5 of USPAT ’014 each further recite wherein the shell includes a pair of opposing slots that align with the pair of opposing channels (see Col. 16, lines 7 – 30 and Col. 16, line 51 – Col. 17, line 4 of USPAT ’014).
With regards to claim 5, Claim 1 of USPAT ’014 recites the claimed invention of Claim 4 of the current application, and Claim 1 of USPAT ’014 further recites wherein the vial is slidable within the shell between an expanded state and a compressed state, such that when transitioning to the compressed state, the pump assembly is actuated to pump medicine from the outlet and through the dispensing aperture (see Col. 16, lines 7 – 30 of USPAT ’014).
With regards to claim 6, Claim 1 of USPAT ’014 recites the claimed invention of Claim 5 of the current application, and Claims 1 and 2 of USPAT ’014 further recites wherein the medication cartridge has a bottom end and a top end, such that each of the pair of opposing slots has a first slot that rises upward from the bottom end toward the top end to a first junction, and then a second slot that traverses downward at an angle from the first junction toward a second junction, and then a third slot that rises upward again from the second junction toward the top end (see Col. 16, lines 7 – 36 of USPAT ’014).
With regards to claim 7, Claims 1 and 2 of USPAT ’014 recites the claimed invention of Claim 6 of the current application, and Claims 1, 2, and 3 of USPAT ’014 further recites wherein each of the pair of opposing channels rises upward from the bottom end toward the top end to the first junction, and then traverses downward at an angle from the first junction toward the second junction, where each of the pair of opposing channels terminates in a channel terminal (see Col. 16, lines 7 – 42 of USPAT ’014).
With regards to claim 8, Claims 1, 2, and 3 of USPAT ’014 recites the claimed invention of Claim 7 of the current application, and Claims 1 – 4 of USPAT ’014 further recites wherein the medication cartridge is formed such that depression of the top end of the medication cartridge forces the shell downward while the one or more alignment features pass through the third slots while remaining affixed within the channel terminals, thereby forcibly sliding the vial within the shell from the expanded state to the compressed state and actuating the pump assembly (see Col. 16, lines 7 – 50 of USPAT ’014).
With regards to claim 9, Claim 1 of USPAT ’014 recites the claimed invention of Claim 2 of the current application, and Claim 1 of USPAT ’014 further recites wherein the vial is slidable within the shell between an expanded state and a compressed state, such that when transitioning to the compressed state, the pump assembly is actuated to pump medicine from the outlet and through the dispensing aperture (see Col. 16, lines 7 – 30).
With regards to claim 10, Claim 1 of USPAT ’014 recites the claimed invention of Claim 4 of the current application, and Claims 1 and 2 of USPAT ’014 further recites wherein the medication cartridge has a bottom end and a top end, such that each of the pair of opposing slots has a first slot that rises upward from the bottom end toward the top end to a first junction, and then a second slot that traverses downward at an angle from the first junction toward a second junction, and then a third slot that rises upward again from the second junction toward the top end (see Col. 16, lines 7 – 36 of USPAT ’014).
With regards to claim 11, Claims 1 and 5 of USPAT ’014 recites the claimed invention of Claim 3 of the current application, and Claims 1 – 3 or 5 and 6 of USPAT ’014 further recites wherein each of the pair of opposing channels rises upward from the bottom end toward the top end to the first junction, and then traverses downward at an angle from the first junction toward the second junction, where each of the pair of opposing channels terminates in a channel terminal (see Col. 16, lines 7 – 42 and Col. 16, line 51 – Col. 17, line 11 of USPAT ’014).
With regards to claim 12, Claims 7, 8, 9 of USPAT ’014 each recites of a medication cartridge, comprising:
a shell having a dispensing aperture;
a vial slidably positioned within the shell, the vial having a pump assembly with an outlet aligned with the dispensing aperture (see Col. 17, line 12 - Col. 18, line 43 of USPAT ’014).
With regards to claim 13, Claims 7, 8, and 9 USPAT ’014 each recite the claimed invention of claim 12, and Claims 7, 8 and 9 of USPAT ’014 each further recite wherein the vial includes a pair of opposing channels formed along the vial, the pair of opposing channels formed to align with and receive one or more alignment features of an oral medication dispensing device (see Col. 17, line 12 - Col. 18, line 43 of USPAT ’014).
With regards to claim 14, Claims 7 - 9 USPAT ’014 each recite the claimed invention of claim 13, and Claims 7 - 9 of USPAT ’014 each further recite wherein the shell includes a pair of opposing slots that align with the pair of opposing channels (see Col. 17, line 12 - Col. 18, line 43 of USPAT ’014).
With regards to claim 15, Claims 7 and 8 of USPAT ’014 each recite the claimed invention of claim 14, and Claims 7 and 8 of USPAT ’014 each further recite wherein the vial is slidable within the shell between an expanded state and a compressed state, such that when transitioning to the compressed state, the pump assembly is actuated to pump medicine from the outlet and through the dispensing aperture (see Col. 17, lines 12 – Col. 18, line 15 of USPAT ’014).
With regards to claim 16, Claims 7 and 8 of USPAT ’014 each recite the claimed invention of claim 12, and Claims 7 and 8 USPAT ’014 each further recite wherein the vial is slidable within the shell between an expanded state and a compressed state, such that when transitioning to the compressed state, the pump assembly is actuated to pump medicine from the outlet and through the dispensing aperture (see Col. 17, line 12 – Col. 18, line 15 of USPAT ’014).
Claim(s) 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12,512,200 B2 (hereinafter referred to as “USPAT ’200”). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
With regards to claim 12, Claim 12 of USPAT ’200 recites a medication cartridge, comprising:
a shell having a dispensing aperture;
a vial slidably positioned within the shell, the vial having a pump assembly with an outlet aligned with the dispensing aperture (see Col. 22, lines 14 – 29 of USPAT ’200).
Claim(s) 1 – 12 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1 – 6 of U.S. Patent No. 12,268,656 B1 (hereinafter referred to as “USPAT ’656”. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
With regards to claim 1, Claim 1 of USPAT ’656 recites a medication cartridge, comprising:
an elongated cartridge with one or more alignment channels that are formed to align with and receive one or more alignment features of an oral medication dispensing device (see Col. 16, line 65 – Col. 18, line 8 of USPAT ’656).
With regards to claim 2, Claim 1 of USPAT ’656 recites the claimed invention of Claim 1, and Claim 1 of USPAT ’656 further recites wherein the elongated cartridge includes: a shell having a dispensing aperture; a vial slidably positioned within the shell, the vial having a pump assembly with an outlet aligned with the dispensing aperture (see Col. 16, line 65 – Col. 18, line 8 of USPAT ’656).
With regards to claim 3, Claim 1 of USPAT ’656 recites the claimed invention of Claim 2, and Claim 1 of USPAT ’656 further recites wherein the one or more alignment channels includes a pair of opposing channels formed along the vial (see Col. 16, line 65 – Col. 18, line 8 of USPAT ’656).
With regards to claim 4, Claim 1 of USPAT ’656 recites the claimed invention of Claim 3, and Claim 1 of USPAT ’656 further recites wherein the shell includes a pair of opposing slots that align with the pair of opposing channels (see Col. 16, line 65 – Col. 18, line 8 of USPAT ’656).
With regards to claim 5, Claim 1 of USPAT ’656 recites the claimed invention of Claim 4, and Claim 1 of USPAT ’656 further recites wherein the vial is slidable within the shell between an expanded state and a compressed state, such that when transitioning to the compressed state, the pump assembly is actuated to pump medicine from the outlet and through the dispensing aperture (see Col. 16, line 65 – Col. 18, line 8 of USPAT ’656).
With regards to claim 6, Claim 1 of USPAT ’656 recites the claimed invention of Claim 5, and Claim 1 of USPAT ’656 further recites wherein the medication cartridge has a bottom end and a top end, such that each of the pair of opposing slots has a first slot that rises upward from the bottom end toward the top end to a first junction, and then a second slot that traverses downward at an angle from the first junction toward a second junction, and then a third slot that rises upward again from the second junction toward the top end (see Col. 16, line 65 – Col. 18, line 8 of USPAT ’656).
With regards to claim 7, Claim 1 of USPAT ’656 recites the claimed invention of Claim 6, and Claim 2 of USPAT ’656 further recites wherein each of the pair of opposing channels rises upward from the bottom end toward the top end to the first junction, and then traverses downward at an angle from the first junction toward the second junction, where each of the pair of opposing channels terminates in a channel terminal (see Col. 18, lines 9 – 14 of USPAT ’656).
With regards to claim 8, Claims 1 and 2 of USPAT ’656 recites the claimed invention of Claim 7, and Claims 3 – 6 of USPAT ’656 further recites wherein the medication cartridge is formed such that depression of the top end of the medication cartridge forces the shell downward while the one or more alignment features pass through the third slots while remaining affixed within the channel terminals, thereby forcibly sliding the vial within the shell from the expanded state to the compressed state and actuating the pump assembly (see Col. 18, lines 15 – 39 of USPAT ’656).
With regards to claim 9, Claim 1 of USPAT ’656 recites the claimed invention of Claim 2, and Claim 1 of USPAT ’656 further recites wherein the vial is slidable within the shell between an expanded state and a compressed state, such that when transitioning to the compressed state, the pump assembly is actuated to pump medicine from the outlet and through the dispensing aperture (see Col. 16, line 65 – Col. 18, line 8 of USPAT ’656).
With regards to claim 10, Claim 1 of USPAT ’656 recites the claimed invention of Claim 4, and Claim 1 of USPAT ’656 further recites wherein the medication cartridge has a bottom end and a top end, such that each of the pair of opposing slots has a first slot that rises upward from the bottom end toward the top end to a first junction, and then a second slot that traverses downward at an angle from the first junction toward a second junction, and then a third slot that rises upward again from the second junction toward the top end (see Col. 16, line 65 – Col. 18, line 8 of USPAT ’656).
With regards to claim 11, Claim 1 of USPAT ’656 recites the claimed invention of Claim 3, and Claim 2 of USPAT ’656 further recites wherein each of the pair of opposing channels rises upward from the bottom end toward the top end to the first junction, and then traverses downward at an angle from the first junction toward the second junction, where each of the pair of opposing channels terminates in a channel terminal (see Col. 18, lines 9 – 14 of USPAT ’656).
With regards to claim 12, Claim 1 of USPAT ’656 recites a medication cartridge, comprising:
a shell having a dispensing aperture;
a vial slidably positioned within the shell, the vial having a pump assembly with an outlet aligned with the dispensing aperture (see Col. 16, line 65 – Col. 18, line 8 of USPAT ’656).
With regards to claim 16, Claim 1 of USPAT ’656 recites the claimed invention of Claim 12, and Claim 1 of USPAT ’656 further recites wherein the vial is slidable within the shell between an expanded state and a compressed state, such that when transitioning to the compressed state, the pump assembly is actuated to pump medicine from the outlet and through the dispensing aperture (see Col. 16, line 65 – Col. 18, line 8 of USPAT ’656).
Claim(s) 12 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1 - 8, 12, and 14 of copending Application No. 19/379,217 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
With regards to claim 12, Claims 1 - 8, 12, and 14 dated 4 November 2025 of copending Application No. 19/379,217 recites a medication cartridge, comprising:
a shell having a dispensing aperture;
a vial slidably positioned within the shell, the vial having a pump assembly with an outlet aligned with the dispensing aperture (see Claims 1, 8, 12, and 14 of the Claims dated 4 November 2025 of Patent Application 19/379,217 wherein Claims 8, 12, and 14 each teach the vial including the pump assembly with an outlet aligned with the dispensing aperture).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim(s) 1, 2, 9, 12, and 16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1 and 7 – 10 of copending Application No. 19/170,790 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
With regards to claim 1, Claims 1 and 7 of copending Application No. 19/170,790 recites a medication cartridge, comprising:
an elongated cartridge with one or more alignment channels that are formed to align with and receive one or more alignment features of an oral medication dispensing device (see Claims 1 and 7 of the Claims dated 31 March 2026 of copending Application 19/170,790).
With regards to claim 2, Claims 1 and 7 of copending Application No. 19/170,790 recites the claimed invention of Claim 1, and Claims 8 and 9 of copending Application No. 19/170,790 further recites wherein the elongated cartridge includes:
a shell having a dispensing aperture;
a vial slidably positioned within the shell, the vial having a pump assembly with an outlet aligned with the dispensing aperture (see Claims 8 and 9 of the Claims dated 31 March 2026 of copending Application 19/170,790).
With regards to claim 9, Claims 1 and 7 – 9 of copending Application No. 19/170,790 recites the claimed invention of Claim 2, and Claim 10 of copending Application No. 19/170,790 further recites wherein the vial is slidable within the shell between an expanded state and a compressed state, such that when transitioning to the compressed state, the pump assembly is actuated to pump medicine from the outlet and through the dispensing aperture (see Claim 10 of the Claims dated 31 March 2026 of copending Application 19/170,790).
With regards to claim 12, Claims 1 and 7 – 9 of copending Application No. 19/170,790 recites a medication cartridge, comprising:
a shell having a dispensing aperture;
a vial slidably positioned within the shell, the vial having a pump assembly with an outlet aligned with the dispensing aperture (see Claims 1 and 7 – 9 of the Claims dated 31 March 2026 of copending Application 19/170,790).
With regards to claim 16, Claims 1 and 7 – 9 of copending Application No. 19/170,790 recites the claimed invention of Claim 12, and Claim 10 of copending Application No. 19/170,790 further recites wherein the vial is slidable within the shell between an expanded state and a compressed state, such that when transitioning to the compressed state, the pump assembly is actuated to pump medicine from the outlet and through the dispensing aperture (see Claim 10 of the Claims dated 31 March 2026 of copending Application 19/170,790).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lawerence et al. (US 2008/0029085 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT F ALLEN whose telephone number is (571)272-6232. The examiner can normally be reached Monday-Friday 8:00 AM - 4:30 PM ET.
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/ROBERT F ALLEN/Examiner, Art Unit 3783
/WILLIAM R CARPENTER/Primary Examiner, Art Unit 3783
07/10/2026
Prosecution Insights