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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
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`CONF {MATION NO.
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`13/383,559
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`03/23/2012
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`Takumi Nishimura
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`050850—11102
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`3172
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`EXAMINER
`JamesEdwardLedbener —
`07,16,200 —
`”90
`52989
`1875 Eye Street
`RANDALL, IR, KELVIN L
`Suite 1200
`ART UNIT
`PAPER NUMBER
`Washington, DC 20006
`—3651
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`MAIL DATE
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`07/ 1 6/2014
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 13/383,559 NISHIMURA ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`KELVIN L. RANDALL, JR. [SENS 3651
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
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`In no event, however, may a reply be timely filed
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`Status
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`1)IZI Responsive to communication(s) filed on 01/11/2012.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI CIaim(s)1-_12is/are pending in the application.
`5a) Of the above claim(s) 2-5, 10 and 11 is/are withdrawn from consideration.
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`is/are allowed.
`6)I:I Claim(s)
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`7)|Z| Claim(s)_,_1 63nd 7is/are rejected.
`8)|Z| Claim(s) 8,9 and 12 is/are objected to.
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`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`
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`:/'I’\WIIW.usnto. ovI’ atentS/init events/
`h/index.‘s orsend an inquiry to PPI-iieedback{®usgtc.00v.
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`hit
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`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:l Some” c)I:l None of the:
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`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`
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`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 10/23/2012.
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20140712
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`

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`Application/Control Number: 13/383,559
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`Page 2
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`Art Unit: 3651
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`Election/Restrictions
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`1.
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`Claims 2-5 and 10-11 are withdrawn from further consideration pursuant to 37
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`CFR 1.142(b), as being drawn to a nonelected Species 1: Figs. 5, 6, and 7, there being
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`no allowable generic or linking claim. Applicant timely traversed the restriction (election)
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`requirement in the reply filed on 01/29/2014.
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`Claim Rejections - 35 USC § 102
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`1.
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`The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C.
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`102 that form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`2.
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`Claims 6 and 7 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated
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`by Takeshi et al. (JP 2003081429 — hereinafter Takeshi).
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`Re Claims 6 and 7:
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`Takeshi teaches the automatic medication dispensing device includes a flap (12)
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`provided at a position where the flap comes into contact with the medication when the
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`medication is taken out from the medication storing case to the supplying means (see
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`Fig. 4).
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`Claim Rejections - 35 USC § 103
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`1.
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`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
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`for all obviousness rejections set forth in this Office action:
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`Application/Control Number: 13/383,559
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`Page 3
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`Art Unit: 3651
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`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
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`2.
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`Claim 1
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`is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
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`Takeshi in view of Toshiro et aI. (JP 2001314488 — hereinafter Toshiro).
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`Re Claims 1:
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`Takeshi teaches the supplying means includes a head body section (9), a pocket
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`section (24) which temporarily holds a taken out medication and which places the
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`medication on the tray (7) (see Fig. 9), but fails to specifically teach an arm section
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`which couples the head body section and the pocket section to each other, the pocket
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`section is turnably connected to one end of the arm section through a first shaft, and the
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`other end of the arm section and the head body section are turnably connected to each
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`other through a second shaft.
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`Toshiro teaches an arm section (10) which couples a head body section (9) and a
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`pocket section (6) to each other, the pocket section is turnably connected to one end of
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`the arm section through a first shaft (as seen at 10 or 12 relative), and the other end of
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`the arm section and the head body section are turnably connected to each other
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`through a second shaft (as seen opposite of 10 or 11 relative). Therefore, it would have
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`been obvious for one of ordinary skill in the art at the time the invention was made to
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`have been motivated to combine the teachings of Takeshi with that of Toshiro so as to
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`Application/Control Number: 13/383,559
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`Page 4
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`Art Unit: 3651
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`provide an alternative attachment means for accomplishing a pivoting motion of a
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`dispenser device as known within the art.
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`Allowable Subject Matter
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`3.
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`Claims 8, 9, and 12 are objected to as being dependent upon a rejected base
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`claim, but would be allowable if rewritten in independent form including all of the
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`limitations of the base claim and any intervening claims.
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`Conclusion
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`4.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to KELVIN L. RANDALL, JR. whose telephone number is
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`(571 )270-5373. The examiner can normally be reached on Monday-Friday 8:30 AM to
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`5:00 PM EST.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Gene Crawford can be reached on (571)272-6911. The fax phone number
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`for the organization where this application or proceeding is assigned is 571 -273-8300.
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`Application/Control Number: 13/383,559
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`Page 5
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`Art Unit: 3651
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272—1 000.
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`/K. L. R./
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`Examiner, Art Unit 3651
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`/G ENE CRAWFORD/
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`Supervisory Patent Examiner, Art Unit 3651
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