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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/13/2026 is being considered by the examiner
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).
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Claims 1, 3-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 and 20-21 of U.S. Patent No. 12,555,082. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the invention is completely covered by US Patent 12,555,082.
Regarding claim 1, Claims 1 and 4 of US 12,555,082 discloses a computer-implemented method, comprising:
authenticating, by a processing unit associated with a wasting station, a user (authenticating, by a processing unit associated with a wasting station, a user), the wasting station comprising a plurality of collection containers (wherein the wasting station comprises a container dispenser…a plurality of containers defining collection compartments of the wasting station);
determining, by the processing unit, an audit type for a medication to be deposited by the authenticated user and collected by the wasting station, wherein the audit type is determined based on a set of predefined rules defined for the wasting station or the user, wherein the audit type defines whether the medication is subject to an audit and wherein the audit type is further based on a medication type of the medication (determining, by the processing unit, if the medication is subject to an audit based on an audit type, wherein the medication is to be deposited by the user and collected by the wasting station, and wherein the audit type is determined based on a set of predefined rules defined for the wasting station or the user.);
enabling, by the processing unit, access to a deposit point of the wasting station, wherein the deposit point is selected from a plurality of deposit points based on a medication type of the medication (providing, by the processing unit, an opening to access a deposit point of the wasting station, the deposit point being connectable to a plurality of containers defining collection compartments of the wasting station;… wherein the selected container is based on the audit type… wherein the audit type is determined based on a set of predefined rules…wherein the set of predefined rules define…a medication type of the medication.);
providing based on the audit type, a particular collection container of the plurality of collection containers, the particular collection container being associated with a collection of the medication from the deposit point for auditing purposes and being formed as an audit bin having a body (opening, by the processing unit, the pathway for a collection of the medication from the deposit point to the selected container of the plurality of containers, wherein the selected container is based on the audit type);
enabling, by the processing unit, the collection of the medication from the deposit point to the particular collection container of the plurality of collection containers for tracking the medication for the auditing purposes by opening a pathway from the deposit point to the particular collection container for directing the medication to the particular collection container (opening, by the processing unit, the pathway for a collection of the medication from the deposit point to the selected container of the plurality of containers, wherein the selected container is based on the audit type; transferring the medication from the selected container to an analysis module to perform an analysis of the medication); and
creating, by the processing unit, a record of the collection of the medication (creating, by the processing unit, a record of the collection and the analysis of the medication).
Regarding claims 3 and 16, Claim 3 of US 12,555,082 disclose:
wherein if a clinician is suspected of diverting medications, the particular collection container is flagged for audit (wherein if a clinician is suspected of diverting medications, the selected container is flagged for the audit.).
Regarding claims 4 and 17, Claim 4 of US 12,555,082 disclose:
wherein the set of predefined rules define one or more criteria related to the wasting station or the user, and wherein the one or more criteria comprises a frequency of use, one or more attributes associated with the user, a list of at-risk users, a medication type of the medication, a length of time since the medication was dispensed, a time of day, and a day of a week (wherein the set of predefined rules define one or more criteria related to the wasting station or the user, and wherein the one or more criteria comprises a frequency of use, one or more attributes associated with the user, a list of at-risk users, a medication type of the medication, a length of time since the medication was dispensed, a time of day, and a day of a week.).
Regarding claims 5 and 18, Claim 5 of US 12,555,082 disclose:
wherein the set of predefined rules include a random auditing rule for determining whether the medication is subject to the audit (wherein the set of predefined rules include a random auditing rule for determining whether the medication is subject to the audit.).
Regarding claim 6, Claim 6 of US 12,555,082 disclose:
wherein a medication type of the medication is associated with the user, wherein the computer-implemented method further comprises:
determining, by the processing unit, the medication type, wherein the determination comprises receiving, by the processing unit, a medication identifier associated with the medication, wherein the medication type is linked to the medication identifier, wherein receiving the medication identifier comprises receiving a medication identifier code from a scanning device associated with the wasting station (receiving, by the processing unit, a medication identifier associated with the medication; and determining, by the processing unit and based on the medication identifier, a medication type, wherein the medication type is linked to the medication identifier, wherein the medication type is associated with the user, and wherein the audit type is further based on the medication identifier or the medication type of the medication.).
Regarding claim 7, Claim 8 of US 12,555,082 disclose:
enabling, by the processing unit, access to a waste container, wherein the waste container is deposited at the deposit point for the collection of the medication, wherein enabling of access to the waste container comprises dispensing, from the wasting station, the waste container, wherein the waste container comprises a container identifier code, and wherein the method further comprises receiving, by the processing unit, the container identifier code from a scanning device associated with the wasting station (dispensing, from the wasting station,the waste container, wherein the waste container is deposited at the deposit point for the collection of the medication, wherein the waste container comprises a container identifier code, and wherein the computer-implemented method further comprises receiving, by the processing unit, the container identifier code from a scanning device associated with the wasting station.).
Regarding claims 8 and 19, Claim 1 of US 12,555,082 disclose:
further comprising providing an opening to the deposit point for depositing the medication (providing, by the processing unit, an opening to access a deposit point of the wasting station).
Regarding claims 9 and 20, Claims 1, 12 and 13 of US 12,555,082 disclose:
determining, by the processing unit, collection of the medication at the particular collection container (determining, by the processing unit, the collection of the medication at the selected container);
securing, by the processing unit and based on the determination of the collection of the medication, the deposit point, wherein the securing prevents access to the deposit point (securing, by the processing unit and based on the determination of the collection of the medication, the deposit point, wherein the securing prevents access to the deposit point.);
providing, by the processing unit and in response to verification of an authorized personnel, access to the plurality of collection containers (providing, by the processing unit and in response to verification of an authorized user, access to the plurality of containers); and
analyzing, by the processing unit, the collected medication, and incorporating, by the processing unit and to the record, an analysis result of the collected medication (creating, by the processing unit, a record of the collection and the analysis of the medication).
Regarding claim 10, Claim 15 of US 12,555,082 disclose:
wherein the wasting station further comprises a load cell, and wherein the computer-implemented method further comprises: obtaining, by the processing unit and from the load cell, a measurement associated with the particular collection container; comparing, by the processing unit, the measurement and a fill threshold associated with the particular collection container; and in response to determining that the measurement meets the fill threshold associated with the particular collection container, preventing, by the processing unit, further medication from being directed to the particular collection container (wherein the wasting station further comprises a load cell, and wherein the computer-implemented method further comprises: obtaining, by the processing unit and from the load cell, a measurement associated with the selected container; comparing, by the processing unit, the measurement and a fill threshold associated with the selected container; and in response to determining that the measurement meets the fill threshold associated with the selected container, preventing, by the processing unit, further medication from being directed to the selected container.).
Regarding claim 11, Claim 1 of US 12,555,082 disclose:
wherein the wasting station comprises a container dispenser configured to dispense a waste container to hold the medication and a label dispenser configured to dispense a label to adhere to the medication or to the waste container, and wherein the wasting station comprises one or more diverters to divert the medication to the particular collection container along a pathway, the one or more diverters comprising a mechanical structure and an actuator configured to move the mechanical structure (wherein the wasting station comprises a container dispenser configured to dispense a waste container to hold a medication and a label dispenser configured to dispense a label to adhere to the medication or to the waste container, and wherein the wasting station comprises one or more diverters to divert the medication to a selected container along a pathway, the one or more diverters comprising a mechanical structure and an actuator configured to move the mechanical structure ).
Regarding claim 12, Claims 16 and 4 of US 12,555,082 disclose a system, comprising:
a wasting station configured to receive and collect medication (a wasting station configured to receive and collect medication);
at least one data processor associated with the wasting station (at least one data processor associated with the wasting station); and
at least one memory storing instructions which, when executed by the at least one data processor, result in operations comprising (at least one memory storing instructions which, when executed by the at least one data processor, result in operations comprising:):
authenticating a user (authenticating a user), the wasting station comprising a plurality of collection containers (a plurality of containers);
determining an audit type for a medication to be deposited by the authenticated user and collected by the wasting station, wherein the audit type is determined based on a set of predefined rules defined for the wasting station and/or the user, wherein the audit type defines whether the medication is subject to an audit and wherein the audit type is further based on a medication type of the medication (determining, by the processing unit, if the medication is subject to an audit based on an audit type, wherein the medication is to be deposited by the user and collected by the wasting station, and wherein the audit type is determined based on a set of predefined rules defined for the wasting station or the user);
enabling access to a deposit point of the wasting station, wherein the deposit point is selected from a plurality of deposit points based on a medication type of the medication (providing, by the processing unit, an opening to access a deposit point of the wasting station, the deposit point being connectable to a plurality of containers defining collection compartments of the wasting station;… wherein the selected container is based on the audit type… wherein the audit type is determined based on a set of predefined rules…wherein the set of predefined rules define…a medication type of the medication.);
providing based on the audit type, a particular collection container of the plurality of collection containers, the particular collection container being associated with a collection of the medication from the deposit point for auditing purposes and is formed as an audit bin having a body (opening, by the processing unit, the pathway for a collection of the medication from the deposit point to the selected container of the plurality of containers, wherein the selected container is based on the audit type);
enabling the collection of the medication from the deposit point to the particular collection container of the plurality of collection containers for tracking the medication for the auditing purposes by opening a pathway from the deposit point to the particular collection container for directing the medication to the particular collection container (opening, by the processing unit, the pathway for a collection of the medication from the deposit point to the selected container of the plurality of containers, wherein the selected container is based on the audit type; transferring the medication from the selected container to an analysis module to perform an analysis of the medication); and
creating a record of the collection of the medication (creating, by the processing unit, a record of the collection and the analysis of the medication).
Regarding claim 14, Claim 1 of US 12,555,082 disclose
wherein the wasting station comprises a container dispenser configured to dispense a waste container to hold the medication and a label dispenser configured to dispense a label to adhere to the medication or to the waste container, and wherein the wasting station comprises one or more diverters to divert the medication to the particular collection container along a pathway, the one or more diverters comprising a mechanical structure and an actuator configured to move the mechanical structure (wherein the wasting station comprises a container dispenser configured to dispense a waste container to hold a medication and a label dispenser configured to dispense a label to adhere to the medication or to the waste container, and wherein the wasting station comprises one or more diverters to divert the medication to a selected container along a pathway, the one or more diverters comprising a mechanical structure and an actuator configured to move the mechanical structure).
Claims 2, 13 and 15 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 and 20-21 of U.S. Patent No. 12,555,082 in view of LAFAUCI (US Patent Publication 2022/0254470).
Regarding claims 2 and 15, US Patent 12,555,082 does not explicitly disclose
wherein the authentication of the user comprises verifying an identity of the user as an authorized user or identifying an access level of the user.
However, LAFAUCI teaches:
wherein the authentication of the user comprises verifying an identity of the user as an authorized user or identifying an access level of the user ([0015] In some embodiments, the one or more sensors or a different sensor of the system is configured to determine or authenticate an identity of the user. In some embodiments, the determining or authenticating the identity is based on a biometric data selected from the group consisting of: fingerprint, palm print, hand geometry, finger vein pattern, palm vein pattern, facial pattern, iris pattern, retina pattern, heart rate, and voice.).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filled to include on US Patent 12,555,082 the function of verifying an identity of the user as an authorized user or identifying an access level of the user since such improvement is merely a combination of prior art elements that yield to predictable results such as providing the system with the capability of identifying and verifying the identity of the user as disclosed on LAFAUCI.
Regarding claim 13, US Patent 12,555,082 does not explicitly disclose:
wherein the deposit point of the wasting station comprises a solid waste receiver or a liquid direct waste receiver, and wherein the wasting station further comprises a user interface, wherein the user interface provides information related to the authentication, the deposit point, the collection of the medication, or the record of the collection of the medication.
However, LAFAUCI teaches:
wherein the deposit point of the wasting station comprises a solid waste receiver or a liquid direct waste receiver ([0076] FIG. 1B illustrates an exemplary flowchart of conventional methods of wasting unused or leftover liquid medications), and wherein the wasting station further comprises a user interface, wherein the user interface provides information related to the authentication, the deposit point, the collection of the medication, or the record of the collection of the medication ([0089] FIGS. 8A-8E schematically illustrate exemplary graphical user interfaces for the user to interact with a medication management system for medication wasting).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filled to comprise a solid waste receiver or a liquid direct waste receiver, and wherein the wasting station further comprises a user interface, wherein the user interface provides information related to the authentication, the deposit point, the collection of the medication, or the record of the collection of the medication since such modification of the wasting station of US 12,555,082 is a combination of prior art elements that yield to predictable results such as allow the wasting station to discard or waste the vial and/or squirt any excess liquid medication into a sharps container or a designated bin ([0112) and to allow users to interact with electronic devices through graphical icons and visual indicators [0175].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wilson (US Patent Publication 2012/0029985) System And Method For Managing Recyclable Materials. The disclosure relates to a system and method for receiving recyclable materials, associating the materials with a specific user, capturing data specific to that user and the materials, and providing reward points to the user based on the materials.
A. J. Y. Tan, H. E. Lee, S. M. Ng and H. S. Chua, "Smart IoT-based Waste Monitoring System," 2019 International UNIMAS STEM 12th Engineering Conference (EnCon), Kuching, Malaysia, 2019, pp. 40-45
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA C SANTOS-DIAZ whose telephone number is (571)272-6532. The examiner can normally be reached Monday-Friday 8:00AM-5:00PM.
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/MARIA C SANTOS-DIAZ/Primary Examiner, Art Unit 3629
