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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
`www.uspto.gov
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`APPLICATION NO.
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`13/413,219
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`38834
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` F ING DATE
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`03/06/2012
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`7590
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`12/20/2012
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
`
`
`CONF {MATION NO.
`
`Koichi Kobayashi
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`091156A
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`1008
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`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`1250 CONNECTICUT AVENUE, NW
`SUITE 700
`WASHINGTON, DC 20036
`
`WEEKS, GLORIAR
`
`3721
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`PAPER NUMBER
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`
`
`
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` NOT *ICATION DATE
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`DELIVERY MODE
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`12/20/2012
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`ELECTRONIC
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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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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`patentmail @ whda.c0m
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`PTOL—90A (Rev. 04/07)
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`

`

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`
`Office Action Summary
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`Application No.
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`Applicant(s)
`
`
` 13/413,219 KOBAYASHI ET AL.
`Examiner
`Art Unit
`GLORIA R. WEEKS
`3721
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136(a).
`In no event however may a reply be timely filed
`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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`Status
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`1)|Zl Responsive to communication(s) filed on 21 Sthember 2012.
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`2a)IZI This action is FINAL.
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`2b)|:l This action is non-final.
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`3)|: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)|:l 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)IZ Claim(s) 1 and2is/are pending in the application.
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`5a) Of the above claim(s) _ is/are withdrawn from consideration.
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`6)|:| Claim(s) _ is/are allowed.
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`7)|Xl Claim(s) 1and2is/are rejected.
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`8)|:| Claim(s) _ is/are objected to.
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`9)|:I Claim(s) _ are subject to restriction and/or election requirement.
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`Application Papers
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`10)|:I The specification is objected to by the Examiner.
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`11)IZI The drawing(s) filed on 06 March 2012 is/are: a)|Z accepted or b)|:| 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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`12)|:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`13)|X| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)|Z AII
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`b)|:l Some * c)I:I None of:
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`1.IXI Certified copies of the priority documents have been received.
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`2.|:l Certified copies of the priority documents have been received in Application No. _
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`3.I:I 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)).
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`* 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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`1) IZI Notice of References Cited (PTO-892)
`2) I] Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) IZI Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| DateW.
`U.S. Patent and Trademark Office
`
`4) I] Interview Summary (PTO-413)
`Paper N0(S )/Mai| Date. _
`5)I:I Notice 0f Informal Patent Application
`6)I:I Other:—
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`PTOL-326 (Rev. 03-11)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20121203
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`

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`Application/Control Number: 13/413,219
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`Page 2
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`Art Unit: 3721
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`DETAILED ACTION
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`1.
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`This action is in response to the amendments and response received on September 21,
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`2012.
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`Claim Rejections - 35 USC § 103
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`2.
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`The following is a quotation of 35 USC. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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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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`3.
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`Claims 1 and 2 are rejected under 35 USC. 103(a) as being unpatentable over Kim
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`(USPN 6,170,699) in view of Kim (USPN 6,449,921).
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`In reference to claims 1 and 2, Kim “699 discloses a tablet supply apparatus comprising: a
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`main body (figure 8) having a case accommodating unit 102 at an upper portion thereof; plural
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`tablet cases provided in the case accommodating unit 102; a hopper 30 provided at the lower side
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`of the tablet cases; a filling apparatus 50; and a tablet feeder 15 extending horizontally over the
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`hopper 30, the tablet feeder including an endless belt 15 wound between a pair of shafts
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`l4’(figure 3), and plural cells 18 on the endless belt 15, each cell having an upwardly facing
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`opening 17 to receive articles from the tablet feeder, the opening facing downwardly after
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`dispensing the articles to a discharge portion 34. Kim does not disclose the cells of the tablet
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`feeder being exposed to the outside of the main body as claimed. Kim ‘921 teaches a tablet
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`supply apparatus comprising: a main body 12 having a case accommodating unit 16 on an upper
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`portion thereof; plural tablet cases 52 provided in the case accommodating unit 16; a hopper 66
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`

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`Application/Control Number: 13/4 1 3,2 l 9
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`Page 3
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`Art Unit: 3721
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`provided at a lower side (figure 4) of the tablet cases 52; a filling apparatus 64; and an open
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`portion 42 in communication with a cell 44 and the outside of the main body 12. It would have
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`been obvious to one having ordinary skill in the art at the time of the invention to modify the
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`apparatus of Kim ‘699 to include an arrangement that permits communication between the cells
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`and the outside of the main body, since column 1 lines 46—49 of Kim '921 states that such a
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`modification allows manual feeding of tablets to the packaging apparatus in addition to the
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`automatic feeding by the tablet cases.
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`Response to Arguments
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`4.
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`Applicant’s arguments with respect to claims l—2 have been considered but are moot
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`because the arguments do not apply to the combination of references being used in the current
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`rejection.
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`Conclusion
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`5.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
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`Applicant is reminded of the extension of time policy as set forth in 37 CFR l.l36(a).
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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. In the event a first reply is filed within TWO
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR l.l36(a) will be calculated from the mailing date of the advisory action. In no event,
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`

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`Application/Control Number: l3/4l3,219
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`Page 4
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`Art Unit: 3721
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`however, Will the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
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`6.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure. Refer to attachment for notice of references cited and recommended for
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`consideration based on their disclosure of limitations related to the claimed invention.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to GLORIA R. WEEKS Whose telephone number is (571)272—4473.
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`The examiner can normally be reached on M—F 9am—2pm and 4pm—7pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, M. Alexandra Elve can be reached on (571) 272—1173. The fax phone number for the
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`organization Where this application or proceeding is assigned is 571—273—8300.
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`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
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`

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`Application/Control Number: 13/413,219
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`Page 5
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`Art Unit: 3721
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`Other helpful telephone numbers are listed for applicant's benefit:
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`0 Allowed Files & Publication (888) 786—0101
`
`Assignment Branch (800) 972-6382
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`Certificates of Correction (703) 305—8309
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`Fee Questions (571) 272—6400
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`Inventor Assistance Center (800) PTO—9199
`
`Petitions/special Programs (571) 272—3282
`
`Information Help line 1—800—786—9199
`
`/HEMANT M DESAI/
`
`Primary Examiner, Art Unit 3721
`
`W
`Examiner, Art Unit 3721
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`December 13, 2012
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`