UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
` “x
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`*K
`
`(7
`55%;:
`My
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`c ’
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`
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`13/413,219
`
`03/06/2012
`
`Koichi Kobayashi
`
`091156A
`
`1008
`
`03/28/2016 —WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP m
`7590
`38834
`1250 CONNECTICUT AVENUE, NW
`WEEKS: GLORIAR
`SUITE 700
`WASHINGTON, DC 20036
`
`PAPER NUMBER
`
`3721
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/28/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`patentmail @ tha.com
`
`PTOL—90A (Rev. 04/07)
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
` “x
`
`*K
`
`(7
`55%;:
`My
`
`
`c ’
`
`
`
`
`
`
`
`13/413,219
`
`03/06/2012
`
`Koichi Kobayashi
`
`091156A
`
`1008
`
`03/28/2016 —WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP m
`7590
`38834
`1250 CONNECTICUT AVENUE, NW
`WEEKS: GLORIAR
`SUITE 700
`WASHINGTON, DC 20036
`
`PAPER NUMBER
`
`3721
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/28/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`patentmail @ tha.com
`
`PTOL—90A (Rev. 04/07)
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Ex parte KOICHI KOBAYASHI and TAKASHI MORI
`
`Appeal 2014-001832
`Application 13/4 1 3,2 19
`Technology Center 3700
`
`Before JOSEPH A. FISCHETTI, NINA L. MEDLOCK, and
`
`CYNTHIA L. MURPHY, Administrative Patent Judges.
`
`MURPHY, Administrative Patent Judge.
`
`DECISION ON APPEAL
`
`The Appellants1 appeal under 35 U.S.C. § 134 from the Examiner’s
`
`rejection of claims 1 and 2. We have jurisdiction over this appeal under
`
`35 U.S.C. § 6(b).
`
`We AFFIRM.
`
`1 “The real party in interest” is “SANYO Electric Co., Ltd.” (Appeal Br. 2.)
`
`
`
`Appeal 2014-001832
`Application 13/4 1 3 ,2 l9
`
`STATEMENT OF THE CASE
`
`The Appellants’ invention “relates to a tablet supply apparatus having
`
`a function of filling tablets into a container such as a bag, a bin, or the like.”
`
`(Spec. 1.)
`
`Illustrative Claim2
`
`1. A tablet supply apparatus comprising:
`
`a main body having a case accommodating unit at the
`upper portion thereof;
`
`plural tablet cases provided in the case accommodating
`unit, each of the tablet cases having tablets accommodated
`therein;
`
`a hopper provided at the lower side of the tablet case in
`the main body;
`
`a filling apparatus for filling tablets received by the
`hopper into a container; and
`
`a tablet feeder that is mounted at an upper portion of a
`front panel constituting the main body to be horizontally long
`and discharges tablets put therein to the hopper, wherein the
`tablet feeder has plural cells that have upwardly-facing open
`portions and are arranged on a line side by side as a cell array
`so as to be freely movable along the arrangement direction
`thereof while tablets are accommodated in each of the cells, the
`
`upwardly-facing open portions being arranged so as to
`intercommunicate with the outside of the main body so that the
`tablets are allowed to be put into the cells from the outside of
`the main body with the main body being closed, and a
`discharge portion that is disposed at one end portion of the cell
`array and discharges tablets in a cell reaching the one end
`portion into the hopper.
`
`2 This illustrative claim is quoted from the Claims Appendix (“Claims
`App”) set forth on pages 7—8 of the Appeal Brief.
`
`2
`
`
`
`Appeal 2014-001832
`Application 13/413,219
`
`Rejection
`
`The Examiner rejects claims 1 and 2 under 35 U.S.C. § 103 (a) as
`
`unpatentable over Kim ‘699 (US 6,170,699 B1 issued Jan. 9, 2001) and
`
`Kim ‘921 (US 6,449,921 B1 issued Sept. 17, 2002). (Final Action 2.)
`
`ANALYSIS
`
`Independent claim 1 is directed to an apparatus comprising “a tablet
`
`feeder” that is mounted “to be horizontally long and discharges tablets put
`
`therein to [a] hopper.” (Claims App.) Independent claim 1 also requires this
`
`tablet feeder to have “plural cells” that are “arranged on a line side by side as
`
`a cell array.” (Id) The Examiner finds, and the Appellants do not dispute,
`
`that Kim ‘699 discloses an apparatus comprising a tablet feeder 10 that is
`
`mounted horizontally and that discharges tablets to a hopper. (See Final
`
`Action 2; see also Kim ‘699, Fig. 7.) The Examiner also finds, and the
`
`Appellants also do not dispute, that the tablet feeder 10 is a linear tablet
`
`feeder haVing cells arranged on a line side by side as a cell array. (Id)
`
`Independent claim 1 additionally requires the tablet feeder’s cells to
`
`“have upwardly-facing open portions.” (Claims App.) The Examiner finds,
`
`and the Appellants do not dispute, that the cells of linear tablet feeder 10
`
`have upwardly-facing open portions. (See Final Action 2; see also Kim ‘699
`
`Fig. 7.)
`
`Independent claim 1 further requires the cells’ upwardly-facing open
`
`portions to be “arranged so as to intercommunicate with the outside of [a]
`
`main body so that the tablets are allowed to be put into the cells from the
`
`outside of the main body with the main body being closed.” (Claims App.)
`
`The Examiner finds, and the Appellants do not dispute, that Kim’ 921
`
`discloses tablet-holding containers haVing upwardly facing open portions
`
`3
`
`
`
`Appeal 2014-001832
`Application 13/4 1 3 ,2 19
`
`arranged so as to intercommunicate with the outside of a main body. (See
`
`Final Action 3; see also Kim ‘92l Figs. 1, 4.) In other words, Kim’92l
`
`teaches “outside access to the tablet feeders.” (Answer 4.)
`
`The Examiner determines that it would have been obvious, in view of
`
`the teachings of Kim ‘921, “to modify the apparatus of Kim ‘699 to include
`
`an arrangement that permits communication between the cells and the
`
`outside of the main body.” (Final Action 3.) The Examiner explains that
`
`this modification involves “the addition of an arrangement of upward facing
`
`cells that are in communication with the outside of the main body as taught
`
`by Kim ‘921.” (Answer 4.) The Examiner further explains that Kim ‘92l
`
`teaches that “[such a modification] permits the communication between the
`
`cells and the outside of the main body.” (Final Action 3.)
`
`The Appellants argue that “[t]he Examiner has not explained how one
`
`of ordinary skill in the art would have combined Kim ‘699 and Kim ‘921 to
`
`result in the claimed invention.” (Appeal Br. 4.) We are not persuaded by
`
`this argument because, as indicated above, the Examiner explains that the
`
`combination involves arranging the upwardly facing cells of the linear tablet
`
`feeder 10 so that the open tops of these cells are in communication with the
`
`outside of the main body.
`
`(See Answer 4.)
`
`The Appellants also argue that the Examiner’s combination of the
`
`prior art would necessarily result in the modified apparatus “includ[ing] the
`
`turntable 14 of Kim ‘92l.” (Appeal Br. 4; see also Reply Br. 2.) We are not
`
`persuaded by this argument because the Examiner’s rejection does not
`
`involve replacing the linear tablet feeder 10 with any of the components
`
`described or depicted by Kim ‘921. The Examiner’s rejection involves
`
`rearranging the linear tablet feeder 10, in view of the teachings of Kim ‘92l,
`
`
`
`Appeal 2014-001832
`Application 13/4 1 3,2 19
`
`so that its upward facing cells are in communication with the outside of the
`
`main body. For example, the prior art linear tablet feeder 10 can be arranged
`
`horizontally adjacent the hopper on an upper portion of a front panel as
`
`diagramed by the Examiner.
`
`(See Answer 4.)
`
`The Appellants further argue that the Examiner’s proposed
`
`modification “would destroy the function of Kim ‘699.” (Appeal Br. 5.)
`
`We are not persuaded by this argument because Kim ‘699 teaches that its
`
`tablet feeder 10 can be disposed in different positions relative to other parts
`
`of the overall apparatus. (See Kim ‘699, col. 4, 11. 48—54.) We fail to see
`
`why, and the Appellants do not adequately address why, the Examiner’s
`
`proposed repositioning of the linear tablet feeder 10 would destroy the
`
`ability of Kim ‘699 to perform as a “tablet dispensing system.” (Id. at col. 1,
`
`11. 7—8.)
`
`For these reasons, we are not persuaded by the Appellants’ position
`
`that the Examiner errs in determining that the apparatus recited in
`
`independent claim 1 would have been obVious over Kim ‘699 and Kim ‘921.
`
`Thus, we sustain the Examiner’s rejection under 35 U.S.C. § 103(a).
`
`Dependent claim 2 is not argued separately, so it falls with independent
`
`claim 1.
`
`DECISION
`
`We AFFIRM the Examiner’s rejection of claims 1 and 2.
`
`No time period for taking any subsequent action in connection with
`
`this appeal may be extended under 37 C.F.R. § l.l36(a)(l)(iV).
`
`AFFIRMED.
`
`
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