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 .
Response to Amendment
This office action is in response to the amendment filed 12/8/2025. As directed by the amendment, claims 1, 3, 4, 9, 50-53 and 55 have been amended, claims 48, 49, 54 and 56-63 have been cancelled, and claims 64 and 65 have been added. As such, claims 1-6, 9-13, 50-53, 55, 64 and 65 are pending in the instant application.
Applicant has amended or cancelled the claims to address or render moot the previous objections thereto, which are hereby withdrawn.
Applicant has cancelled claim 58, rendering the previous rejection under 35 USC 112(a)/first paragraph moot.
Applicant has amended or cancelled the claims to address or render moot the previous rejections under 35 USC 112(b)/second paragraph, which are hereby withdrawn.
Response to Arguments
Applicant's arguments filed 12/8/2025 (hereinafter “Remarks”) have been fully considered but they are not persuasive.
Applicant argues on page 9 of Remarks that “the Examiner has failed to show if and where Davidson teaches that such simultaneous operation of both heating elements is performed in coordination with airflow.”
The Examiner respectfully notes that Davidson ‘196 clearly discloses simultaneous operation of the heaters (para [0304]) and heating in coordination with airflow (para [0360]). The amended claims remain obvious in view of Davidson ‘196 and Davidson ‘153 as discussed in the updated rejections below.
Applicant’s further arguments on pages 9-10 of Remarks are directed to Raichman and Batista in view of the newly added limitations.
Raichman and Batista are not relevant to the newly added limitations of claims 1 and 64; the newly added limitations are taught by Davidson ‘196 in view of Davidson ‘153 as discussed in the updated rejections below.
Applicant argues on page 11 of Remarks that “the Examiner has not shown if and where Davidson ‘153 remedies the deficiencies of the combined references of Davidson ‘196 in view of Raichman, or Davidson in view of Batista.”
The Examiner directs attention to the updated rejections below, which address the newly added limitations in view of Davidson ‘153.
Claim Objections
Claims 1, 4, and 64 are objected to because of the following informalities:
Claim 1, line 11 should read “releasable from the source material”
Claim 1, line 22 should read “and
Claim 4, line 2 should read “the
Claim 64, line 12 should read “and a
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 53 and 55 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 53 recites the limitation "the second target temperature" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the claim will be considered to read “a second target temperature”.
Claim 55 recites the limitation "the second target temperature" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the claim will be considered to read “a second target temperature”.
Claim Interpretation
The limitation of “concomitantly initiating heating of both of said first heating element portion and a second heating element portion” (emphasis added) is considered to be supported by the disclosure of first and second heating portions being part of the same heating element such that they are controlled as one, see instant page 13, lines 21-22 and page 18, lines 24-26, as well as claim 11. However, it is noted that while the disclosure supports concomitantly heating separately-controllable portions, e.g. instant page 41, lines 6-17, there is no disclosure of concomitant initiation of the separately-controllable portions, and initiation of the two portions is not inherently concomitant, and indeed, it is disclosed as staggered/offset, see e.g. instant page 41, lines 16-17. Given this understanding, the second temperature of claims 51-53 is understood to be supported by the second temperature to which both of the heating portions are together heated in a multi-step process, see e.g. Figs. 5-6B, instant page 13, line 27-page 14, line 12, and page 20, line 29-page 23, line 4.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-6, 9-13, 50, 51, 55, 64 and 65 are rejected under 35 U.S.C. 103 as being unpatentable over Davidson et al. (US 2017/0136196 A1; hereinafter “Davidson ‘196”) in view of Davidson et al. (US 2017/0106153 A1; hereinafter “Davidson ‘153’).
Regarding claim 1, Davidson ‘196 discloses/suggests a method for heating for controlled release of a single dose (a single dose) (paras [0152] and [0402]) of at least one substance (bioactive agent/drug) from a source material (para [0527]) to be delivered to a user via a single inhalation (the dose unit is for use in a single inhalation, para [0291]; all of the drug may be vaporized and inhaled in a single inhalation, para [0582]) (abstract; paras [0093], [0115], [0147], [0155-157], [0175], [202-211], [0302-304], [0324], [0338-339], [0355], [0360], [0389]), comprising:
allowing airflow through a pallet (pallet 2304) of the source material from which the at least one substance is releasable by vaporization (Figs. 1A-C; paras [0115], [0155], [0201-201], [0237], [0242], [0302-304], [0324], [0338-339], [0355], [0360], [0389]); wherein airflow enters the pallet through a first surface (facing down in Fig. 3B) and exits the pallet through a second, opposite surface of the pallet (facing up in Fig. 3B) (para [0324]);
in coordination with the airflow (synchronize the application of heat with…airflow, para [0360]; wherein it would have been obvious to an artisan before the effective filing date of the claimed invention for all of the heating embodiments taught by Davidson ‘196 to be synchronized/in coordination with the airflow, in order to predictably take into account the cooling effect that airflow has on heating/maintain a target temperature within the pallet, i.e. higher airflows will need higher heater power/target temperature to reach/maintain the same pallet temperature as compared to lower flows due to convective cooling, see e.g. Davidson ‘153 paras [0125] and [0212]), setting a first temperature profile (the panels are electrically connected, para [0303]; the heating profile, para [0460], i.e. the panels operate as one/share a profile, OR each receives separate electrical connections…resistive heating elements 2356, 2356A are operated simultaneously…separate control [i.e. each has its own profile]…a first heating element is operated…overlapping [in time]…a second heating element is operated, two heating profiles [i.e. a first and second] are adjusted to result in simultaneous vaporization, para [0304]; such that it would have been obvious to an artisan before the effective filing date of the claimed invention to either A) utilize the same heating profile in each portion when the heater portions comprise the same whole/heater/are electrically connected OR B) utilize the same heating profile (or optionally offsetting the temperatures slightly to account for convective cooling of the leading face of the pallet in order to maintain the same temperature throughout the pallet) on both of the heater portions and run at the same time, when the heating elements are separately controllable, in order to target the same agent from both sides of the pallet (optionally accounting for differential convective cooling) OR C) to utilize a different profile for each of the heater portions, run at overlapping times, to target agents with different vaporization temperatures for simultaneous release thereof) of a first heating element portion (e.g. panel/resistive heating element 2356A) in contact with the first surface of the pallet (Fig. 1C in view of Fig. 3B; paras [0059], [0201-203], [0240], [0244], [0303-304]), said first temperature profile includes a first target temperature (applying heat to reach a target temperature, para [0374]; wherein it would have been obvious to an artisan before the effective filing date of the claimed invention for the whole heater to have a target temperature (i.e. first and second portions/profiles are electrically connected/have the same target) OR each of the profiles of para [0304] have their own target temperature (that is either the same/slightly offset OR different) as discussed above, e.g. the vaporization temperature of the at least one substance(s)), wherein said first target temperature is lower than a combustion temperature of the at least one substance releasable for the source material (vaporization is effected by heating the substance to a temperature…below its combustion temperature, para [0155]; which thus teaches a target temperature for each of the at least one substances that is less than the combustion temperature thereof in order to predictably avoid combustion thereof, which could produce undesirable products);
and
concomitantly initiating heating of both ([o]ptionally, the panels are electrically connected…[a]lternatively, each receives separate electrical connections, para [0303]; resistive heating elements 2356, 2356A are operated simultaneously…overlapping [in time], para [0304]; wherein the panels are thus taught to either be initiated together (when electrically connected) and/or it would have been obvious to an artisan before the effective filing date of the claimed invention for the separately controlled panels to be initiated together in order to provide the predictable result of simultaneous vaporization over at least the first part of the delivery, e.g. vaporizing a flavor and active ingredient together to start, where the flavor may only be supplied at the beginning when it is most likely to be tasted to save on material costs) of said first heating element portion and a second heating element portion (e.g. panel/resistive heating element 2356) which is in contact with the second, opposite surface of the pallet (Fig. 1C in view of Fig. 3B; paras [0059], [0201-203], [0240], [0244], [0303-304]), wherein said first heating element portion is heated according to said first temperature profile (paras [0304], [0460] and discussion above),
to thereby release the at least one substance (paras [0115], [0155], [0201-201], [0237], [0242], [0302-304], [0324], [0338-339], [0355], [0360], [0389]).
Davidson ‘196 is silent regarding the first heating element being controlled by a closed-loop control using indications from one or more temperature sensors of said first heating element portion. However, Davidson ‘153 teaches that it was known in the heated inhaler art before the effective filing date of the claimed invention to include the heating element being controlled by a closed-loop control using indications from one or more temperature sensors (temperature sensor 315) of a first heated portion (lower portion of dose cartridge 310) (Fig. 3; para [0248]) (controlling heating of a drug dose according to a sensed temperature indication and targeted profile…temperature is measured by…an infrared sensor, and/or by a contact thermal sensor…control temperature based on sensed feedback, to help ensure that a targeted profile of drug substance release is met, para [0128]; paras [0209-210]). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention to modify Davidson ‘196 to include the first heating element being controlled by a closed-loop control using indications from one or more temperature sensors of said first heating element portion as taught by Davidson ‘153, in order to provide the predictable result of a standard temperature feedback loop for at least the first heating element to ensure that its target temperature is reached/the heating element portions are accurately controlled according to the heating profile(s) (Davidson ‘153 para [0128]).
Regarding claim 2, Davidson ‘196 in view of Davidson ‘153 teaches the method according to claim 1, wherein Davidson ‘196 further discloses/teaches and Davidson ‘153 further teaches controlling heating of the pallet by increasing (i.e. the definition of heating) or reducing a temperature of one or both of the first heating element and the second heating element (Davidson ‘196 paras [0115], [0155], [201-211], [0303-304]; Davidson ‘153 paras [0055], [0124-125], [0210-212]), in order to provide the predictable results of modulating the heating to provide the desire degree and/or targeted substance of vaporization, particularly in response to changes in airflow (Davidson ‘153 paras [0124-127] and [210-212]).
Regarding claim 3, Davidson ‘196 in view of Davidson ‘153 teaches the method according to claim 1, wherein Davidson ‘196 and Davidson ‘153 further teach wherein the first temperature profile comprises heating to the first target temperature and maintaining the first target temperature for a duration of time which is selected according to an amount of said at least one substance to be released from the pallet of the source material (Davidson ‘196 paras [0339], [0374], [0389] and [0582]; Davidson ‘153 paras [0054-55], [0063], [0125-128], [0210]), in order to provide the predictable result of dispensing a desired amount of the at least one substance targeted by the first temperature profile (Davidson ‘153 paras [0124-127] and [210-212]).
Regarding claim 4, Davidson ‘196 in view of Davidson ‘153 teaches the method according to claim 1, wherein Davidson ‘196 further discloses wherein the heater elements substantially envelope the entirety of the source material and are configured to transfer heat along the entire extent thereof (Figs. 1A-C; paras [0240-241] and [0303]), that the pallet includes a predetermined amount of source material for delivery of that amount (paras [0093], [0201], [0389]), and that heating is evenly distributed (para [0293]), which have reasonably suggested to an artisan before the effective filing date of the claimed invention that the majority of the source material is heated, and optimization of ranges of parameters within prior art ranges or through routine experimentation is not sufficient to patentably distinguish the invention over the prior art, see MPEP § 2144.05, such that it would have been obvious to an artisan before the effective filing date of the claimed invention for the method of modified Davidson ‘196 to include controlling heating of the pallet to maintain at least 85% of the same source material within a target temperature range (e.g. a range around the first target temperature, when operating the heater portions together to target a single substance, as taught by Davidson ‘153 paras [0124-125] and [0210], OR a range defined by the vaporization temperatures of two different substances, when operating the heater portions separately to target different substances) through routine experimentation and as suggested by Davidson ‘196 and taught by Davidson ‘153, in order to provide the predictable result of ensuring that the predetermined amount of substance(s) is vaporized for delivery (Davidson ‘196 paras [0093], [0201], [0389]; Davidson ‘153 paras [0124-125] and [0210-212]).
Regarding claim 5, Davidson ‘196 in view of Davidson ‘153 teaches the method according to claim 1, wherein Davidson ‘196 and Davidson ‘153 further teach comprising modifying heating of one or both of the first and second heating element portions in response to a change in the rate of airflow through the pallet (Davidson ‘196 paras [0339] and [0360]; Davidson ‘153 paras [0027], [0054-57], [0125-127], [0212]), in order to provide the predictable result of maintaining the heating element(s) and/or pallet at the proper temperature(s) for the desired vaporization(s) despite changes in the degree of convective cooling due to changes in the airflow rate [which disproportionately impacts the upstream portion of the pallet] (Davidson ‘153 paras [0125] and [0212]).
Regarding claim 6, Davidson ‘196 in view of Davidson ‘153 teaches the method according to claim 1, wherein Davidson ‘196 and Davidson ‘153 further teach further comprising controlling heating of the pallet to control at least one of: an amount of substance released and a duration of time over which the substance is released (Davidson ‘196 paras [0093], [0229], [0237], [0304], [0339], [0355], [0360], [0389]; Davidson ‘153 paras [0124-125] and [0210-212]), in order to predictably provide a desired degree and/or duration of vaporization (Davidson ‘153 paras [0124-127] and [210-212]).
Regarding claim 9, Davidson ‘196 in view of Davidson ‘153 teaches the method according to claim 1, wherein modified Davidson ‘196 further teaches wherein the heating of the second heating element portion is to a second target temperature that does not cause combustion of the source material (Davidson ‘196 paras [0021-22], [0155], [0208], [0226]), in order to predictably avoid pyrolysis/unwanted destruction of the source material/production of burn products.
Regarding claim 10, Davidson ‘196 in view of Davidson ‘153 teaches the method according to claim 1, wherein modified Davidson ‘196 further teaches wherein the allowing airflow comprises allowing airflow in a direction transverse to the first and second surfaces of the pallet (Davidson ‘196 Fig. 1C in view of Fig. 3B; para [0324]).
Regarding claim 11, Davidson ‘196 in view of Davidson ‘153 teaches the method according to claim 1, wherein modified Davidson ‘196 further teaches wherein the first heating element portion and the second heating element portion are portions of a single heating element (Davidson ‘196 Fig. 1A; paras [0055], [0201-203], [0244]).
Regarding claim 12, Davidson ‘196 in view of Davidson ‘153 teaches the method according to claim 11, wherein modified Davidson ‘196 further teaches wherein the single heating element is "U" shaped (Davidson ‘196 Fig. 1A; paras [0201-203], [0244]), and wherein the heating of the first and second heating portions comprises conducting electrical current through the "U" shape (Davidson ‘196 para [0244]).
Regarding claim 13, Davidson ‘196 in view of Davidson ‘153 teaches the method according to claim 2, wherein Davidson ‘196 discusses controlling heater settings and airflow as complementary means for controlling the temperature of the pallet (Davidson ‘196 paras [0155-156], [0339], [0355], [0360], [0389]), and wherein Davidson ‘153 further educates modified Davidson ‘196 to include wherein the controlling heating of the pallet comprises indirectly controlling heating by changing a rate of the airflow through the pallet (as heating control reaches a limit of available power, flow is increasingly restricted, to prevent over-cooling, Davidson ‘153 para [0125], see also Davidson ‘153 para [0212]), in order to provide the predictable result of maintaining the pallet at the proper temperature for the desired vaporization, e.g. even once the heat control reaches a limit of available power (Davidson ‘153 para [0125]; Davidson ‘196 paras [0155-156], [0339], [0355], [0360], [0389]).
Regarding claim 51, Davidson ‘196 in view of Davidson ‘153 teaches the method of claim 1, wherein Davidson ‘196 further teaches wherein a second target temperature of the second heating element portion is at least 50°C above room temperature (paras [0155], [0190], [0582]), when both heating portions are targeting the same substance (with a boiling point higher than 80˚C as disclosed by Davidson ‘196) as discussed above regarding claim 1, e.g. CBD.
Regarding claim 55, Davidson ‘196 in view of Davidson ‘153 teaches the method of claim 1, wherein Davidson ‘196 further teaches wherein [a] second target temperature of the second heating element portion is lower than a combustion temperature of the at least one substance of the source material (vaporization is effected by heating the substance to a temperature…below its combustion temperature, Davidson ‘196 para [0155]; which thus teaches a target temperature for each of the at least one substances (i.e. the second target temperature is the same as or slightly offset from the first target temperature to target the same substance as discussed above in claim 1 A/B OR different to target a different substance as discussed above in claim 1 C) that is less than the combustion temperature thereof in order to predictably avoid combustion thereof, which could produce undesirable products).
Regarding claim 64, Davidson ‘196 discloses/suggests a method for heating for controlled release of a single dose (a single dose) (paras [0152] and [0402]) of at least one substance (bioactive agent/drug) from a source material (para [0527]) to be delivered to a user via a single inhalation (the dose unit is for use in a single inhalation, para [0291]; all of the drug may be vaporized and inhaled in a single inhalation, para [0582]) (abstract; paras [0093], [0115], [0147], [0155-157], [0175], [202-211], [0302-304], [0324], [0338-339], [0355], [0360], [0389]), comprising:
allowing airflow through a pallet (pallet 2304) of the source material from which the at least one substance is releasable by vaporization (Figs. 1A-C; paras [0115], [0155], [0201-201], [0237], [0242], [0302-304], [0324], [0338-339], [0355], [0360], [0389]); wherein airflow enters the pallet through a first surface (facing down in Fig. 3B) and exits the pallet through a second, opposite surface of the pallet (facing up in Fig. 3B) (para [0324]);
setting a first temperature profile (the panels are electrically connected, para [0303]; the heating profile, para [0460] OR each receives separate electrical connections…resistive heating elements 2356, 2356A are operated simultaneously…separate control [i.e. each has its own profile]…a first heating element is operated…overlapping [in time]…a second heating element is operated, two heating profiles [i.e. a first and second] are adjusted to result in simultaneous vaporization, para [0304]; wherein it would have been obvious to an artisan before the effective filing date of the claimed invention to either utilize the same profile on both of the heater portions, run at the same time (or for the heater portions to comprise the same whole/heater/be electrically connected), to target the same agent from both sides of the pallet (optionally including offsetting the profile temperatures slightly to account for convective cooling of the leading face of the pallet in order to maintain the same temperature throughout the pallet) OR to utilize a different profile for each of the heater portions, run at overlapping times, to target agents with different vaporization temperatures at the same time for simultaneous release thereof) of a first heating element portion (e.g. panel/resistive heating element 2356A) in contact with the first surface of the pallet (Fig. 1C in view of Fig. 3B; paras [0059], [0201-203], [0240], [0244], [0303-304]), said first temperature profile includes a first target temperature (applying heat to reach a target temperature, para [0374]; wherein it would have been obvious to an artisan before the effective filing date of the claimed invention for the whole heater to have a target temperature (i.e. first and second portions/profiles have the same target/are electrically connected) OR each of the profiles of para [0304] have a target temperature (either the same/slightly offset OR different) as discussed above, e.g. the vaporization temperature of the at least one substance(s)), wherein said first target temperature is lower than a combustion temperature of the at least one substance releasable for the source material (vaporization is effected by heating the substance to a temperature…below its combustion temperature, para [0155]; which thus teaches a target temperature for each of the at least one substances that is less than the combustion temperature thereof in order to avoid combustion thereof, which could produce undesirable products);
in coordination with the airflow (synchronize the application of heat with…airflow, para [0360]; wherein it would have been obvious to an artisan before the effective filing date of the claimed invention for all of the heating embodiments taught by Davidson ‘196 to be synchronized with the airflow, in order to predictably take into account the cooling effect that airflow has on heating/maintain a target temperature within the pallet, i.e. higher airflows will need higher heater power/target temperature to reach/maintain the same pallet temperature as compared to lower flows due to convective cooling, see e.g. Davidson ‘153 paras [0125] and [0212]), concomitantly initiating heating of both ([o]ptionally, the panels are electrically connected…[a]lternatively, each receives separate electrical connections, para [0303]; resistive heating elements 2356, 2356A are operated simultaneously…overlapping [in time], para [0304]; wherein the panels are thus taught to either be initiated together (when electrically connected) and/or it would have been obvious to an artisan before the effective filing date of the claimed invention for the separately controlled panels to be initiated together in order to provide the predictable result of simultaneous vaporization over at least the first part of the delivery, e.g. vaporizing a flavor and active ingredient where the flavor need only be supplied at the beginning when it is most likely to be tasted) of said first heating element portion and a second heating element portion (e.g. panel/resistive heating element 2356) which is in contact with the second, opposite surface of the pallet (Fig. 1C in view of Fig. 3B; paras [0059], [0201-203], [0240], [0244], [0303-304]), wherein said first heating element portion is heated according to said first temperature profile (paras [0304], [0460] and discussion above), to thereby release the at least one substance (paras [0115], [0155], [0201-201], [0237], [0242], [0302-304], [0324], [0338-339], [0355], [0360], [0389]).
Modified Davidson ‘196 does not explicitly disclose a stabilized airflow, wherein said stabilized airflow comprises a predefined set of airflow parameters. However, Davidson ‘153 teaches maintaining a constant (i.e. stabilized) flow for a certain period of time (para [0161]), achievable by controlling a predefined set of airflow parameters (control one or more of rate, velocity, pressure, volume, and/or other parameters, para [0189]). Therefore, it would have been obvious to an artisan before the effective filing date of the claimed invention for modified Davidson ‘196 to include wherein the airflow is a stabilized airflow, wherein said stabilized airflow comprises a predefined set of airflow parameters, as further taught by Davidson ‘153, in order to provide the predictably result of ensuring consistent and/or reproducible flow conditions (i.e. constant/steady target flow) for predictable and/or reproducible delivery of the at least one or more substances (Davidson ‘153 paras [0004], [0125-127], [0129-132], [0134], [0161-162], [0210]).
Regarding claim 65, Davidson ‘196 in view of Davidson ‘153 teaches the method according to claim 64, wherein Davidson ‘196 discusses controlling heater settings and airflow as complementary means for controlling the temperature of the pallet (Davidson ‘196 paras [0155-156], [0339], [0355], [0360], [0389]), and wherein Davidson ‘153 further educates modified Davidson ‘196 to include further comprising controlling heating of the pallet by changing a rate of the stabilized airflow through the pallet (as heating control reaches a limit of available power, flow is increasingly restricted, to prevent over-cooling, Davidson ‘153 para [0125], see also Davidson ‘153 para [0212]), in order to provide the predictable result of maintaining the pallet at the proper temperature for the desired vaporization, e.g. even once the heat control reaches a limit of available power (Davidson ‘153 para [0125]; Davidson ‘196 paras [0155-156], [0339], [0355], [0360], [0389]).
Claim(s) 50, 52 and 53 are rejected under 35 U.S.C. 103 as being unpatentable over Davidson ‘196 in view of Davidson ‘153 as applied to claims 1 and 4 above, and further in view of Raichman (US 2018/0104214 A1; hereinafter “Raichman”).
Regarding claim 50, Davidson ‘196 in view of Davidson ‘153 teaches the method of claim 1, wherein modified Davidson ‘196 suggests wherein a maximal temperature of the source material does not exceed the first target temperature of the first temperature profile during heating (Davidson ‘196 para [0155]; Davidson ‘153 paras [0124-127] and [0210-212]), in order to provide the predictable results of maintaining a target temperature within the source material while avoiding combustion and/or vaporization of undesired product(s) with higher vaporization temperatures, as reinforced by Raichman (Fig. 12A; paras [0136-137], [0146] and [0149-152]).
Regarding claims 52 and 53, Davidson ‘196 in view of Davidson ‘153 teaches the method of claim 4, Davidson ‘196 and Davidson ‘153 both disclose varying the heating as discussed above regarding claims 2 and 5, and Davidson ‘196 further teaches pre-warming (para [0304]), but modified Davidson ‘196 does not explicitly disclose wherein a second target temperature of the second heating element portion is between 5°C-50°C, or between 10°C-30°C, below the target temperature range. However, optimization of ranges/values of parameters within prior art ranges or through routine experimentation is not sufficient to patentably distinguish the invention over the prior art, see MPEP § 2144.05, and Raichman further educates modified Davidson ‘196 to include wherein the target temperature of the second temperature profile (i.e. a pre-warming/first-step temperature) is between 5°C-50°C, or between 10°C-30°C, below the target temperature range (Raichman paras [0118], [0122], [0148], [0165]), in order to provide the predicable result of a suitable (shared) pre-heating/first-step temperature, i.e. when both heating portions are targeting the same substance, that allows the pallet to quickly reach operating temperature on demand without pre-release and/or overshoot and/or that dehumidifies the material (Davidson ‘196 para [0304]; Raichman paras [0117-118], [0122], [0148], [0165]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHRYN E DITMER whose telephone number is (571)270-5178. The examiner can normally be reached M 7:30a-3:30p, T/Th 8:30a-2:30p, W 11:30a-4:30p, F 1-4p ET.
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/KATHRYN E DITMER/ Primary Examiner, Art Unit 3785