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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: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
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`
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`13/383,559
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`03/23/2012
`
`Takumi Nishimura
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`050850-11102
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`3172
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`James Edward Ledbetter
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`1875 Eye Street
`Suite 1200
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`Washington, DC 20006
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`RANDALL, JR, KELVIN L
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`3651
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`MAIL DATE
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`06/04/2015
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`PAPER NUMBER
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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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`
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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 05/08/2015.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:l This action is non-final.
`2a)|Z| 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 Claim(s) 8 and9 is/are pending in the application.
`5a) Of the above claim(s)
`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)_8 and 9 is/are rejected.
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`8)|:| Claim(s)_ is/are objected to.
`* 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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`
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`()
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`are subject to restriction and/or election requirement.
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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’vaIW.usnI‘.0. ovI’ atentS/init events/
`iindex.‘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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`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20150531
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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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`DETAILED ACTION
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`Response to Arguments
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`1.
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`Applicant’s arguments with respect to claims 8 and 9 have been considered but
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`are moot in view of the new ground(s) of rejections.
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`2.
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`Claims 8 and 9 are rejected under pre-AIA 35 U.S.C. 103(a) as being
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`unpatentable over Omura Yoshito (JP 2007209599— hereinafter Yoshito) in view of Fritz
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`Gross (US 2008/0202446 — hereinafter Gross).
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`Re Claim 8:
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`Yoshito teaches a supplier (30) that temporarily holds a medication (6) previously
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`accommodated in a medication storing case (14) and then dispenses the medication to
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`a tray (8) based on a prescription instruction (paragraph [0015]); a flap (32) that is
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`configured to come into contact with the medication (6) as the medication (6) is taken
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`out from the medication storing case (14) to be delivered to the supplier (30) (see Fig.
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`6a), wherein as the medication (6) is taken out from the medication storing case based
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`on a prescription instruction, the motion of the medication (6) is temporarily stopped by
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`the flap (32), and configured to, after the medication (6) is temporarily stopped, move to
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`release the contact between the medication (6) and the flap (32) to drop the medication
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`(6) into the supplier (30), but fails to specifically teach a driver that moves the flap to a
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`position where the motion of the medication is temporarily stopped by the flap and to a
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`

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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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`position where the contact between the flap and the medication is released to drop the
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`medication into the supplier.
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`Gross teaches a driver that moves a flap to a position where the motion of a product is
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`temporarily stopped by the flap and to a position where the contact between the flap
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`and the product is released to drop the product (paragraph [0040]). Therefore, it would
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`have been obvious for one of ordinary skill in the art at the time the invention was made
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`to have been motivated to combine the teachings of Yoshito with that of Gross so as to
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`provide an automatic means for a flap as known within the art.
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`Further Re Claims 9:
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`Yoshito teaches a movable section (25b) disposed at a path where the medication is
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`taken out from the medication storing case, wherein an inclination angle of the movable
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`section is changed in an interlocking manner with movement of the flap (see Figs. Ga-
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`6d).
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`Conclusion
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`2.
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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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`3.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`

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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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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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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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`

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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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`/K. L. R./
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`Examiner, Art Unit 3651
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`/T|MOTHY WAGGONER/
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`Primary Examiner, Art Unit 3651
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`