0DETAILED ACTION
Double Patenting
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.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,358,672 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variants of one another.
19/244,707
12,358,672
1. A storage and dispensing station for a blister machine, comprising: a storage container comprising: a coupling device having a lower coupling portion; and
a holding device comprising an actuation member; and a dispensing station, comprising: a rotary drive comprising a hub disposed in a first opening in a top surface of the dispensing station, the rotary drive configured to provide a force-transmitting interaction with the lower coupling portion; and an opening member configured to interact with the actuation member of the holding device, the opening member comprising a separate second opening comprising a depression in the top surface of the dispensing station that is disposed outside of and adjacent to an outer perimeter of the first opening in the top surface of the dispensing station, wherein the lower coupling portion, the hub, the actuation member and the opening member are configured to provide a first interaction between the lower coupling portion and the hub prior to providing a second interaction between the actuation member and the opening member when arranging the storage container on the dispensing station.
1. A storage and dispensing station for a blister machine, comprising: a storage container comprising: a housing enclosing a receiving space having an internally circular-cylindrical portion; a bottom face having a central coupling opening; a separating device arranged in the internally circular-cylindrical portion of the housing, the separating device having a plurality of channels extending vertically through the separating device; a coupling device extending into the central coupling opening and having a lower coupling portion; a holding device having a holding member and an actuation member, wherein the holding device prevents rotation of the separating device in a blocking position and allows rotation of the separating device in a release position; and a dispensing station on which the storage container is releasably arranged, the dispensing station comprising: a rotary drive having a shaft and a hub seated on the shaft for force-transmitting interaction with the lower coupling portion, the hub disposed in a first opening in a top surface of the dispensing station; and an opening member for interaction with the actuation member of the holding device, the opening member comprising a separate second opening comprising a recess in the top surface of the dispensing station that is disposed outside of and adjacent to an outer perimeter of the first opening in the top surface of the dispensing station, wherein the lower coupling portion, the hub, the actuation member and the opening member are set relative to one another in such a way that when arranging the storage container on the dispensing station a first effective interaction occurs between the lower coupling portion and the hub, the first effective interaction occurring prior to a second effective interaction between the actuation member and the opening member, the second effective interaction causing movement of the holding device into a release position, and wherein the hub is rotatable in a de-energized state.
8. A storage and dispensing station for a blister machine, comprising: a storage container comprising: a housing defining a receiving space; a bottom face having a central coupling opening; a separating device arranged in the receiving space, the separating device comprising a plurality of vertical channels; a coupling device extending into the central coupling opening and having a lower coupling portion; a holding device comprising a holding member and an actuation member, the holding device configured to prevent rotation of the separating device in a first position and to allow rotation of the separating device in a second position; and a dispensing station, comprising: a rotary drive comprising a shaft and a hub seated on the shaft, the hub disposed in a first opening in a top surface of the dispensing station, the rotary drive configured to provide a force-transmitting interaction with the lower coupling portion; and an opening member configured to interact with the actuation member of the holding device, the opening member comprising a separate second opening comprising a depression in the top surface of the dispensing station that is disposed outside of and adjacent to an outer perimeter of the first opening in the top surface of the dispensing station, wherein the lower coupling portion, the hub, the actuation member and the opening member are configured to provide a first interaction between the lower coupling portion and the hub prior to providing a second interaction between the actuation member and the opening member when arranging the storage container on the dispensing station.
2. The storage and dispensing station of claim 1, wherein the second interaction is configured to move the holding device into a release position.
1 and 9. The storage and dispensing station of claim 8, wherein the second interaction is configured to move the holding device into a release position.
3. The storage and dispensing station of claim 2, wherein the hub is rotatable in a de-energized state.
1 and 10. The storage and dispensing station of claim 9, wherein the hub is rotatable in a de-energized state.
4. The storage and dispensing station of claim 1, wherein the actuation member comprises a vertical nose corresponding to the depression of the opening member.
2 and 11. The storage and dispensing station of claim 8, wherein the actuation member comprises a vertical nose corresponding to the depression of the opening member.
5. The storage and dispensing station of claim 4, wherein the first interaction defines an effective coupling engagement depth, the second interaction defines an effective holding engagement depth, and the coupling engagement depth is greater than the holding engagement depth.
3 and 12. The storage and dispensing station of claim 11, wherein the first interaction defines an effective coupling engagement depth, the second interaction defines an effective holding engagement depth, and the coupling engagement depth is greater than the holding engagement depth.
6. The storage and dispensing station of claim 1, wherein the hub and the opening member have an identical effective height in relation to a vertical axis of the dispensing station.
4 and 13. The storage and dispensing station of claim 8, wherein the hub and the opening member have an identical effective height in relation to a vertical axis of the dispensing station.
7. The storage and dispensing station of claim 6, wherein the lower coupling portion, in relation to a vertical axis of the storage container, has an effective depth below an effective depth of the actuation member.
5 and 14. The storage and dispensing station of claim 13, wherein the lower coupling portion, in relation to a vertical axis of the storage container, has an effective depth below an effective depth of the actuation member.
8. The storage and dispensing station of claim 1, wherein the lower coupling portion and the actuation member have an identical effective depth with respect to a vertical axis of the storage container.
6 and 15. The storage and dispensing station of claim 8, wherein the lower coupling portion and the actuation member have an identical effective depth with respect to a vertical axis of the storage container.
9. The storage and dispensing station of claim 8, wherein the hub, in relation to a vertical axis of the dispensing station, has an effective height above an effective height of the opening member.
7 and 16. The storage and dispensing station of claim 15, wherein the hub, in relation to a vertical axis of the dispensing station, has an effective height above an effective height of the opening member.
10. A small piece good system, comprising: a plurality of storage and dispensing stations, each comprising: a storage container comprising a coupling device having a lower coupling portion and a holding device comprising an actuation member; and a dispensing station comprising a rotary drive comprising a hub disposed in a first opening in a top surface of the dispensing station, the rotary drive configured to provide a force-transmitting interaction with the lower coupling portion and an opening member configured to interact with the actuation member of the holding device, the opening member comprising a separate second opening comprising a depression in the top surface of the dispensing station that is disposed outside of and adjacent to an outer perimeter of the first opening in the top surface of the dispensing station, wherein the lower coupling portion, the hub, the actuation member and the opening member are configured to provide a first interaction between the lower coupling portion and the hub prior to providing a second interaction between the actuation member and the opening member when arranging the storage container on the dispensing station.
1. A storage and dispensing station for a blister machine, comprising: a storage container comprising: a housing enclosing a receiving space having an internally circular-cylindrical portion; a bottom face having a central coupling opening; a separating device arranged in the internally circular-cylindrical portion of the housing, the separating device having a plurality of channels extending vertically through the separating device; a coupling device extending into the central coupling opening and having a lower coupling portion; a holding device having a holding member and an actuation member, wherein the holding device prevents rotation of the separating device in a blocking position and allows rotation of the separating device in a release position; and a dispensing station on which the storage container is releasably arranged, the dispensing station comprising: a rotary drive having a shaft and a hub seated on the shaft for force-transmitting interaction with the lower coupling portion, the hub disposed in a first opening in a top surface of the dispensing station; and an opening member for interaction with the actuation member of the holding device, the opening member comprising a separate second opening comprising a recess in the top surface of the dispensing station that is disposed outside of and adjacent to an outer perimeter of the first opening in the top surface of the dispensing station, wherein the lower coupling portion, the hub, the actuation member and the opening member are set relative to one another in such a way that when arranging the storage container on the dispensing station a first effective interaction occurs between the lower coupling portion and the hub, the first effective interaction occurring prior to a second effective interaction between the actuation member and the opening member, the second effective interaction causing movement of the holding device into a release position, and wherein the hub is rotatable in a de-energized state.
8. A storage and dispensing station for a blister machine, comprising: a storage container comprising: a housing defining a receiving space; a bottom face having a central coupling opening; a separating device arranged in the receiving space, the separating device comprising a plurality of vertical channels; a coupling device extending into the central coupling opening and having a lower coupling portion; a holding device comprising a holding member and an actuation member, the holding device configured to prevent rotation of the separating device in a first position and to allow rotation of the separating device in a second position; and a dispensing station, comprising: a rotary drive comprising a shaft and a hub seated on the shaft, the hub disposed in a first opening in a top surface of the dispensing station, the rotary drive configured to provide a force-transmitting interaction with the lower coupling portion; and an opening member configured to interact with the actuation member of the holding device, the opening member comprising a separate second opening comprising a depression in the top surface of the dispensing station that is disposed outside of and adjacent to an outer perimeter of the first opening in the top surface of the dispensing station, wherein the lower coupling portion, the hub, the actuation member and the opening member are configured to provide a first interaction between the lower coupling portion and the hub prior to providing a second interaction between the actuation member and the opening member when arranging the storage container on the dispensing station.
11. The storage and dispensing station of claim 10, wherein the second interaction is configured to move the holding device into a release position.
11. The storage and dispensing station of claim 8, wherein the actuation member comprises a vertical nose corresponding to the depression of the opening member.
12. The storage and dispensing station of claim 11, wherein the hub is rotatable in a de- energized state.
1 and10. The storage and dispensing station of claim 9, wherein the hub is rotatable in a de-energized state.
13. The storage and dispensing station of claim 10, wherein the actuation member comprises a vertical nose corresponding to the depression of the opening member.
2 and 11. The storage and dispensing station of claim 8, wherein the actuation member comprises a vertical nose corresponding to the depression of the opening member.
14. The storage and dispensing station of claim 13, wherein the first interaction defines an effective coupling engagement depth, the second interaction defines an effective holding engagement depth, and the coupling engagement depth is greater than the holding engagement depth.
3 and 12. The storage and dispensing station of claim 11, wherein the first interaction defines an effective coupling engagement depth, the second interaction defines an effective holding engagement depth, and the coupling engagement depth is greater than the holding engagement depth.
15. The storage and dispensing station of claim 10, wherein the hub and the opening member have an identical effective height in relation to a vertical axis of the dispensing station.
4 and 13. The storage and dispensing station of claim 8, wherein the hub and the opening member have an identical effective height in relation to a vertical axis of the dispensing station.
16. The storage and dispensing station of claim 15, wherein the lower coupling portion, in relation to a vertical axis of the storage container, has an effective depth below an effective depth of the actuation member.
5 and 14. The storage and dispensing station of claim 13, wherein the lower coupling portion, in relation to a vertical axis of the storage container, has an effective depth below an effective depth of the actuation member.
17. The storage and dispensing station of claim 10, wherein the lower coupling portion and the actuation member have an identical effective depth with respect to a vertical axis of the storage container.
6 and 15. The storage and dispensing station of claim 8, wherein the lower coupling portion and the actuation member have an identical effective depth with respect to a vertical axis of the storage container.
18. The storage and dispensing station of claim 17, wherein the hub, in relation to a vertical axis of the dispensing station, has an effective height above an effective height of the opening member.
7 and 16. The storage and dispensing station of claim 15, wherein the hub, in relation to a vertical axis of the dispensing station, has an effective height above an effective height of the opening member.
19. A method of operating a small piece good system, the method comprising: providing a dispensing station comprising a hub of a rotary drive disposed in a first opening in a top surface of the dispensing station and an opening member comprising a separate second opening comprising a recess in the top surface of the dispensing station that is disposed outside of and adjacent to an outer perimeter of the first opening in the top surface of the dispensing station; providing a storage container comprising a coupling device having a lower coupling portion and a holding device comprising an actuation member; arranging the storage container on the dispensing station; initiating a first interaction between the lower coupling portion and the hub; and initiating a second interaction between the actuation member and the opening member.
1. A storage and dispensing station for a blister machine, comprising: a storage container comprising: a housing enclosing a receiving space having an internally circular-cylindrical portion; a bottom face having a central coupling opening; a separating device arranged in the internally circular-cylindrical portion of the housing, the separating device having a plurality of channels extending vertically through the separating device; a coupling device extending into the central coupling opening and having a lower coupling portion; a holding device having a holding member and an actuation member, wherein the holding device prevents rotation of the separating device in a blocking position and allows rotation of the separating device in a release position; and a dispensing station on which the storage container is releasably arranged, the dispensing station comprising: a rotary drive having a shaft and a hub seated on the shaft for force-transmitting interaction with the lower coupling portion, the hub disposed in a first opening in a top surface of the dispensing station; and an opening member for interaction with the actuation member of the holding device, the opening member comprising a separate second opening comprising a recess in the top surface of the dispensing station that is disposed outside of and adjacent to an outer perimeter of the first opening in the top surface of the dispensing station, wherein the lower coupling portion, the hub, the actuation member and the opening member are set relative to one another in such a way that when arranging the storage container on the dispensing station a first effective interaction occurs between the lower coupling portion and the hub, the first effective interaction occurring prior to a second effective interaction between the actuation member and the opening member, the second effective interaction causing movement of the holding device into a release position, and wherein the hub is rotatable in a de-energized state.
8. A storage and dispensing station for a blister machine, comprising: a storage container comprising: a housing defining a receiving space; a bottom face having a central coupling opening; a separating device arranged in the receiving space, the separating device comprising a plurality of vertical channels; a coupling device extending into the central coupling opening and having a lower coupling portion; a holding device comprising a holding member and an actuation member, the holding device configured to prevent rotation of the separating device in a first position and to allow rotation of the separating device in a second position; and a dispensing station, comprising: a rotary drive comprising a shaft and a hub seated on the shaft, the hub disposed in a first opening in a top surface of the dispensing station, the rotary drive configured to provide a force-transmitting interaction with the lower coupling portion; and an opening member configured to interact with the actuation member of the holding device, the opening member comprising a separate second opening comprising a depression in the top surface of the dispensing station that is disposed outside of and adjacent to an outer perimeter of the first opening in the top surface of the dispensing station, wherein the lower coupling portion, the hub, the actuation member and the opening member are configured to provide a first interaction between the lower coupling portion and the hub prior to providing a second interaction between the actuation member and the opening member when arranging the storage container on the dispensing station.
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 1-20 are 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.
Claim 19 recites the limitation "the dispensing station". There is insufficient antecedent basis for this limitation in the claim.
Claims 1, 10, and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: Claims 1, 10, and 19 recite first and second interactions, but do not recite the purpose of the first and second interactions. Such is an omission because it is unclear as to what the first and second interactions are claiming if it does not describe wherein the second interaction is configured to move the holding device into a release position from a locked position when arranging the storage container on the dispensing station as described in paragraph [0050]).
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(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt-Ellinger et al. (US 10,421,566 B2 – hereinafter Ellinger) in view of Hellenbrand et al. (US 10,380,,824 B2 – hereinafter Hellenbrand).
Re Claims 19 and 20:
Ellinger discloses a method of operating a small piece good system, the method comprising: providing a storage container comprising a coupling device (at 106) having a lower coupling portion (106) and a holding device (at 107c) comprising an actuation member (107c) (see Figs. 9A-9B), but fails to teach providing a dispensing station comprising a hub of a rotary drive disposed in a first opening in a top surface of the dispensing station and an opening member comprising a separate second opening comprising a recess in the top surface of the dispensing station that is disposed outside of and adjacent to an outer perimeter of the first opening in the top surface of the dispensing station; arranging the storage container on the dispensing station; initiating a first interaction between the lower coupling portion and the hub; and initiating a second interaction between the actuation member and the opening member.
Hellenbrand teaches providing a dispensing station (10) comprising a hub (110) of a rotary drive (112) disposed in a first opening in a top surface of the dispensing station (10) and an opening member (see opening adjacent to the right of the first opening, Fig. 7) comprising a separate second opening comprising a recess in the top surface of the dispensing station (10) that is disposed outside of and adjacent to an outer perimeter of the first opening in the top surface of the dispensing station (10) (see Fig. 5); arranging a storage container (210) on the dispensing station (10); initiating a first interaction between a lower coupling portion (at 241) and the hub (110); and initiating a second interaction between an actuation member (see Fig. 8 to the right of member 110 – vertical extending l shaped member) and the opening member (see opening adjacent to the right of the first opening, Fig. 7) (see Figs. 1-9). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Ellinger with that of Hellenbrand to allow for unlocking of a rotor when connecting to a dispensing station. Examiner further notes that the combination would be capable of providing releasing the holding device when the second interaction begins, so that rotation of a separating device within the storage container is allowed, since such as the purpose of the holding device and obvious in view of the combination as cited.
Allowable Subject Matter
Claims 1-18 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: Ellinger in view of Hellenbrand discloses claims 1 and 10 and are cited as the closest prior art as currently found, but fails to teach wherein the lower coupling portion, the hub, the actuation member and the opening member are configured to provide a first interaction between the lower coupling portion and the hub prior to providing a second interaction between the actuation member and the opening member when arranging the storage container on the dispensing station.
Omura (EP 3,406,237 A1) teaches a first interaction between a lower coupling portion (17’) and a hub (24) prior to providing a second interaction between an actuation member (71) and an opening member (near 52) (see Fig. 3A-3B). However, Omura does not teach doing so with a second opening and is of a materially different design, which Examiner finds not to be obvious to combine with Ellinger in view of Hellenbrand.
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 KELVIN L RANDALL, JR. whose telephone number is (571)270-5373. The examiner can normally be reached M-F: 9:00 am-5 pm est.
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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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