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 .
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 28, 2025 has been entered.
Status of the Claims
Claims 1-2, 6-7, 9-21, and 25-26 are pending and are subject to this Office Action. Claims 1, 10, and 14 are amended. Claims 3-5, 8, and 22-24 are cancelled. Claims 25-26 are new.
Response to Amendments
The amendments to the specification and the claims filed on August 28, 2025 are acknowledged. The objections to claims 1, 10, and 14 have been withdrawn due to the amendments. The 112(b) rejections of claims 1-2, 6-7, and 9-24 have been withdrawn due to the amendments.
Response to Arguments
Applicant' s arguments, see pgs 9-15, filed August 28, 2025, with respect to the rejection(s) of claims 1-2, 6-7, and 9-24 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claims 1 and 10 to include a limitation that was not previously presented and that the previously applied prior art does not disclose: “the bioactive material formulation including a mixture of a specified concentration of each of at least three different materials and personalized for targeted therapeutic treatment of a user health condition unrelated to reducing user consumption of any of the at least three materials included in the bioactive material formulation.” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the previously applied references in combination with a newly found prior art reference. The following is a modified rejection based on amendments made to the claims.
Claim Objections
Claim 1 is objected to because of the following informalities:
In Claim 1, ln 11, “continually improving adapting” should read “continually improving
Appropriate correction is required.
Claim Interpretation
Claims 1 and 10 recite the term “a quantitative molecular administering protocol.” The limitation has been interpreted as a protocol including: “accessing user entered dosing outcome information corresponding to the previously administered user dose of the bioactive material formulation; accessing user data defining at least one of: user psychophysiological needs and one or more of: biomedical, biometric, and bioinformatic data; accessing bioactive material data defining the mixture of the specified concentration of each of the at least three different materials included in the bioactive material formulation; and calculating the adapted user dose based at least on: (1) cross-referencing the user entered dosing outcome information and the one or more of: biomedical, biometric and bioinformatic data supporting a continually improving adaptive dosage strategy, (2) the user data, and (3) the bioactive material data”, in accordance with the language of amended Claims 1 and 10, and the discussion on pgs 9-11 on the remarks dated 8/28/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 6-7, 9-21, and 25-26 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 10 recite the limitation “the bioactive material formulation… personalized for targeted therapeutic treatment of a user health condition unrelated to reducing user consumption of any of the at least three materials included in the bioactive material formulation” on ln 5-9. Based on the discussion on pgs. 12-14 of the arguments filed August 28, 2025, it appears that the limitation was added such that Davis can no longer be used as prior art. However, while the instant specification shows embodiments which are not targeted for reducing user consumption of any materials in the bioactive material formulation, the instant specification does not disclose or suggest that the targeted therapeutic treatment is unrelated to reducing user consumption of any the materials included in the bioactive material formulation, specifically. Therefore, the limitation is not sufficiently supported by the specification, and the amended Claims 1 and 10 contain new matter. See MPEP 2173.05(i). Claims 2, 6-7, 9, 21, and 25-26, which depend on Claim 1, are similarly rejected by virtue of dependency. Claims 11-20, which depend on Claim 10, are similarly rejected by virtue of dependency.
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 1-2, 6-7, 9-21, and 25-26 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 1 recites the term “continually improving” on ln 11. which is a relative term that renders the claim indefinite. The term "continually improving" is not defined by the claim, and it is unclear how a continual improvement has been determined. The specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes, the term "continually improving" has been interpreted as ‘adapting’. Claims 2, 6-7, 9, 21, and 25-26, which depend on Claim 1, are similarly rejected by virtue of dependency.
Claim 1 recites the limitation "the adapted user dose" on ln 22. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner has interpreted "the adapted user dose " to refer the “next user dose” as introduced in ln 11. Claims 2, 6-7, 9, 21, and 25-26, which depend on Claim 1, are similarly rejected by virtue of dependency.
Claim 1 recites the limitation "the adapted next user dose" on ln 27. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner has interpreted "the adapted user dose " to refer the “next user dose” as introduced in ln 11. Claims 2, 6-7, 9, 21, and 25-26, which depend on Claim 1, are similarly rejected by virtue of dependency.
Claim 10 recites the limitation "the bioactive material data" on ln 18. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner has interpreted “the bioactive material data" as ‘bioactive material data’. Claims 11-20, which depend on Claim 10, are similarly rejected by virtue of dependency.
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.
Claims 1-2, 6, 9-13, 15-18, and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Popplewell (US 2019/0272359 A1) in view of Schorr (US 2021/0023316 A1) in view of Dagnello (US 2019/0167927 A1).
Regarding Claim 1, Popplewell, directed to vaporizer control methods ([0005]) and computing devices ([0007]), teaches a method ([0052], [0098]-[0101], Fig. 4) comprising:
authorizing use of a vaporizer by a user ([0052], [0098]-[0101], Fig. 4; At step 404, computing device 72 authenticates the user of vape device 10 to authorize use of vape device 10);
receiving a cartridge product identifier corresponding to a cartridge at the vaporizer ([0065]-[0067], [0098]-[0101], Figs. 1, 4; Vape device 10 comprises a payload assembly 24 (vaporizer cartridge) including a payload reservoir 26 containing liquids, oils, other fluids, or tablets. Payload assembly 24 further comprises an identifier tag 28 (cartridge product identifier). At step 406, computing device 72 opens an application 74 and communicates with vape device 10 to poll for the unique payload identifier of ID tag 28);
using the cartridge product identifier, identifying a bioactive material formulation contained in a bioactive material holding chamber at the vaporizer ([0065]-[0067], [0098]-[0101], Figs. 1, 4; Vape device 10 comprises a payload assembly 24 (vaporizer cartridge) including a payload reservoir 26 (bioactive material holding chamber. Payload reservoir 26 contains a bioactive material formulation comprising nicotine oil, cannabis oil, and/or other liquids, fluids, or tablets. At step 408, vape device 10 can, upon being polled by the computing device 72, read ID tag 28 and then transmit the payload identifier to the computing device 72 to identify the substance (bioactive material) contained in payload assembly 24),
the bioactive material formulation including a mixture of a plurality of different materials ([0066], Fig. 1; Payload reservoir 26 contains a bioactive material formulation comprising nicotine oil, cannabis oil, other liquids, fluids, and/or tablets)
and personalized for targeted therapeutic treatment of a user health condition unrelated to reducing user consumption of any of the materials included in the bioactive material formulation ([0008], [0089], [0101], The formulation in payload reservoir 26 is associated with the user’s prescription information for medical marijuana. It is reasonably understood that a user’s prescription for medical marijuana is personalized for targeted therapeutic treatment of a user health condition. Popplewell does not mention that the bioactive material formulation is personalized for targeted therapeutic treatment of a user health condition related to reducing user consumption of any of the materials (marijuana/nicotine) included in the bioactive material formulation);
continually improving adapting a next user dose of the bioactive material formulation to differ from a previously administered user dose of the bioactive material in accordance with a quantitative molecular administering protocol, including: accessing prior dosing information corresponding to the previously administered user dose of the bioactive material formulation ([0098]-[0101], Fig. 4; At step 410, application 72 can utilize the payload identifier of ID tag 28, and optionally, secondary data, to determine the vaporizing or operational settings associated with the payload identifier of ID tag 28. [0077], Operational settings of the vape device 10 include a dosage setting of the bioactive material in payload assembly 24. [0101], Secondary data comprises user information, prescription information, location information, payload information, historical vape device usage information, and historical payload reservoir information. [0095], The historical vape device usage information can include metering and dose information of prior sessions. The historical payload reservoir information can include details related to the payload reservoir 26, such as the original payload contents, remaining contents, used contents, content usage by session, and the like. [0114]-[0115], Operational settings may be associated with a specific substance (bioactive material formulation) contained in the payload reservoir identified by the unique payload identifier of ID tag 28. The dosage setting (user dose of the bioactive material formulation) is adapted based on quantitative analyses of user information, prescription information, location information, payload information, historical vape device usage information, historical payload reservoir information, and the payload identifier of ID tag 28 to determine how much of the payload molecules should be administered to the user. It is reasonably understood that the method described in [0098]-[0101] can result in sequential doses which differ from each other);
accessing user data defining at least one of: user psychophysiological needs and one or more of: biomedical, biometric, and bioinformatic data ([0098]-[0101], Fig. 4; At step 410, application 72 can utilize the payload identifier of ID tag 28, and optionally, secondary data, to determine the vaporizing or operational settings associated with the payload identifier of ID tag 28. [0101], Secondary data comprises user information, prescription information, location information, payload information, historical vape device usage information, and historical payload reservoir information. [0089], User information can include, but is not limited to, various physiological characteristics, such as a user's height, weight, age, gender, medical record and histories, and medical conditions. It is reasonably understood that the medical record and histories, and medical conditions would be reflective of user psychophysiological needs. It is reasonably understood that a user's height, weight, age, gender, medical record and histories, and medical conditions is reflective of their biomedical data [0095], The historical vape device usage information can include user information related to prior sessions);
accessing bioactive material data defining the bioactive material formulation ([0098]-[0101], Fig. 4; At step 410, application 72 can utilize the payload identifier of ID tag 28, and optionally, secondary data, to determine the vaporizing or operational settings associated with the payload identifier of ID tag 28. [0101], Secondary data comprises user information, prescription information, location information, payload information, historical vape device usage information, and historical payload reservoir information. [0101], Prescription information and payload information indicates the contents of the payload reservoir 26 (bioactive material formulation)); and
calculating the adapted user dose based at least on: cross-referencing the prior dosing information and the one or more of: biomedical, biometric and bioinformatic data supporting a continually improving dosage strategy, the user data, and the bioactive material data ([0098]-[0101], Fig. 4; At step 410, application 72 can utilize the payload identifier of ID tag 28, and optionally, secondary data, to determine the vaporizing or operational settings associated with the payload identifier of ID tag 28. [0077], Operational settings of the vape device 10 include calculating an adapted user dosage setting of the bioactive material in payload assembly 24. [0101], Secondary data comprises user information (user data), prescription information, location information, payload information (bioactive material data), historical vape device usage information, and historical payload reservoir information (prior dosing information). [0089], User information can include, but is not limited to, various physiological characteristics, such as a user's height, weight, age, gender, medical record and histories, and medical conditions (biomedical data). [0114]-[0115], Operational settings may be associated with a specific substance (bioactive material formulation) contained in the payload reservoir identified by the unique payload identifier of ID tag 28). All components of the secondary data (prior dosing information, biomedical data, user data, bioactive material data) can be cross-referenced to calculate a next user dose supporting the continually improving dosage strategy as described above);
deriving vaporizer control commands defining how to configure the vaporizer to administer the adapted user dose at the vaporizer ([0098]-[0101], Fig. 4; At step 410, application 72 can utilize the payload identifier of ID tag 28, and optionally, secondary data, to determine the vaporizing or operational settings associated with the payload identifier of ID tag 28. At step 412, application 74 transmits operational settings (dosage settings) to vape device 10. At step 414, microcontroller 31 in the vape device 10 then operates and controls the vape device 10 based on the operational settings. If the operational settings are used to control the operation of vape device 10, it is reasonably understood that the step of determining operational settings comprises deriving vaporizer control commands defining how to configure the vaporizer to administer the adapted user dose at the vaporizer); and
sending the vaporizer control commands to the vaporizer ([0098]-[0101], Fig. 4; At step 412, application 74 transmits operational settings (dosage settings) to vape device 10. At step 414, microcontroller 31 in the vape device 10 then operates and controls the vape device 10 based on the operational settings),
but does not teach the method i) wherein the bioactive material formulation including a mixture of a specified concentration of each of at least three different materials, wherein the bioactive material data defines the mixture of the specified concentration of each of the at least three different materials included in the bioactive material formulation, and ii) wherein the prior dosing information is user entered dosing outcome information.
With respect to i), Schorr, directed to vaporizer control methods ([0006], [0071], The inhaler is configured to vaporize two or more substances. The inhaler comprises a controller configured to perform a method of controlling the inhaler) teaches a method ([0196], Fig. 1A; Inhaler 100 comprises a controller 130. [0098], The controller is configured to: access data indicative of a plurality of operation profiles, each configured to deliver a predetermined amount of a defined substance and at least one other substance from a source material, control at least one of: the heating operator and the airflow system to provide a selected first operation profile from the plurality of operation profiles to a source material located at a vaporization chamber. [0147], An operation profile which defines parameters such as a duration of heating the source material, a heating temperature, a rate of airflow through the source material. The process of operating controller 130 is a method), comprising:
receiving a cartridge product identifier corresponding to a cartridge at the vaporizer ([0169], Fig. 1A; The controller 130 receives or reads data pertaining to the initial concentrations of substances in the source material of an inserted chip (e.g. via an electronic tag of the chip, such as RFID), and automatically selects a set of suitable parameters. [0221], The source material may be provided in a cartridge. Therefore, the RFID is a cartridge product identifier corresponding to a cartridge. Inhaler 100 (vaporizer) comprising controller 130 receives the cartridge product identifier);
using the cartridge product identifier identifying a bioactive material formulation ([0169], Fig. 1A; The controller 130 receives or reads data pertaining to the initial concentrations of substances in the source material of an inserted chip (e.g. via an electronic tag of the chip, such as RFID). [0082]-[0083], The source material may be cannabis. [0190], The source material may be a liquid. [0241], The source material may comprise three substances such as THC, THCA, CBD, and/or CBDA. As THC, THCA, CBD, and/or CBDA are bioactive materials, the source material is a bioactive material formulation),
the bioactive material formulation including a mixture of a specified concentration of each of at least three different materials ([0169], Fig. 1A; The controller 130 receives or reads data pertaining to the initial specified concentrations of the substances in the source material of an inserted chip (e.g. via an electronic tag of the chip, such as RFID). [0082]-[0083], [0241], The source material may comprise at least three substances such as THC, THCA, CBD, and/or CBDA);
accessing bioactive material data defining the mixture of the specified concentration of each of the at least three different materials included in the bioactive material formulation ([0169], Fig. 1A; The controller 130 receives or reads data (bioactive material data) pertaining to the initial specified concentrations of the substances in the source material (bioactive material formulation) of an inserted chip (e.g. via an electronic tag of the chip, such as RFID). [0082]-[0083], [0241], The source material may comprise at least three substances such as THC, THCA, CBD, and/or CBDA).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the method taught by Popplewell wherein the bioactive material formulation includes a mixture of a specified concentration of each of at least three of different materials, wherein the bioactive material data defines the mixture of the specified concentration of each of the at least three different materials included in the bioactive material formulation as taught by Schorr because Popplewell and Schorr are directed to vaporizer control methods, Popplewell states that the vaporizer includes a vapor metering device for controlling the dosage of the bioactive material formulation (Popplewell, [0077]), Schorr demonstrates that defining the concentration of the mixture of the specified concentration of each of the at least three different materials included in the bioactive material formulation simplifies the process of metering the dose of the bioactive material formulation and specific substances within the formulation (Schorr, [0098], [0147], [0169], The controller 130 reads the RFID to determine the concentrations, then selects operational parameters for delivering each of the specific substances within the formulation to a user), and this involves combining steps from prior art methods to yield predictable results.
Popplewell in view of Schorr does not teach the method ii) wherein the prior dosing information is user entered dosing outcome information.
With respect to ii), Dagnello, directed to vaporizer control methods ([0002]), teaches a method ([0010]-[0011], The process of operating the multi-variable sensing system is a method), comprising:
receiving user entered dosing outcome information corresponding to a previously administered user dose of a bioactive material formulation ([0011], The multi-variable sensing system can be realized as a real-time feedback system in which inhalation characteristics are captured while any combination of physiological or affective state responses, environmental characteristics, self-reported subjective ratings, and peer information are captured simultaneously. The feedback system includes a solid (or liquid) substance, and software that, among other things, causes adjustments to be made to the solid or liquid substance prior to a subsequent conversion into vapor form. Sensors capture all of these input variables and feed them to a software system, to produce at least one output that is used to adjust the tangible matter until an optimum set of substance and vapor characteristics and corresponding changes to the affective and physiological states is achieved. [0111], The solid or liquid substance may comprises a bioactive material such as cannabis or nicotine, and therefore the solid or liquid substance is a bioactive material formulation. [0010], A user may self-report (enter) subjective ratings such as pain, pleasurableness, or mood corresponding to a previously administered user dose of the solid or liquid substance (bioactive material formulation)),
continually adapting a next user dose of the bioactive material formulation to differ from the previously administered user dose of the bioactive material based on the user entered dosing outcome information ([0011], The multi-variable sensing system receives the self-reported subjective ratings, and analyzes the inputs from the uses and the sensors to produce at least one output that is used to adjust the tangible matter of the bioactive material formulation until an optimum set of substance and vapor characteristics and corresponding changes to the affective and physiological states is achieved. It is reasonably understood that the next user dose is continually adapted to differ from the previously administered dose).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Popplewell in view of Schorr wherein the prior dosing information is user entered dosing outcome information as taught by Dagnello because Popplewell, Schorr, and Dagnello are directed to vaporizer control methods, Dagnello demonstrates that user entered dosing outcome information can be used to adapt a next user dose of a bioactive formulation ([0010]-[0011]), and this involves combining steps from prior art methods to yield predictable results.
Because Popplewell in view of Schorr and Dagnello teaches all the limitations of Claim 1, it is reasonably understood that the protocol implemented by the vaporizer to determine the dosage settings is a quantitative molecular administering protocol.
Regarding Claim 2, Popplewell in view of Schorr and Dagnello teaches the method of claim 1. Popplewell further teaches the method wherein authorizing use of a vaporizer comprises validating a passcode associated with the user or validating biometric information of the user ([0098]-[0099], Fig. 4; At step 404, computing device 72 authenticates the user of vape device 10 (e.g., by the user entering a password, passcode, or biometric authentication) to authorize use of vape device 10).
Regarding Claim 6, Popplewell in view of Schorr and Dagnello teaches the method of claim 1. Popplewell further teaches the method wherein deriving vaporizer control commands comprises deriving vaporizer control commands including one or more of: a vaporizer battery control command, a vaporizer heating element control command, or a vaporizer pressure valve control command ([0098]-[0101], Fig. 4; At step 410, application 72 can utilize the payload identifier of ID tag 28, and optionally, secondary data, to determine the vaporizing or operational settings (dosage setting) associated with the payload identifier of ID tag 28. [0077], The dosage setting preferably corresponds to a dosage instruction transmitted from microcontroller 31 to battery 42 that powers down heating element 22 when a desired volume of vapor passes through atomizer 20. A vapor metering device may measure the volume of vapor passing through atomizer 20 and transmit that information to microcontroller 31, which compares the actual volume passed through atomizer 20 to the dosage setting to determine when to shut off heating element 22. It is reasonably understood that the operational settings (vaporizer control commands) comprise at least a vaporizer battery control command and a vaporizer heating element control command); and
wherein sending the vaporizer control commands to the vaporizer comprises sending the one or more of: the vaporizer battery control command, the vaporizer heating element control command, or the vaporizer pressure valve control command ([0098]-[0101], Fig. 4; At step 412, application 74 transmits operational settings to vape device 10. [0077], The dosage setting preferably corresponds to a dosage instruction transmitted from microcontroller 31 to battery 42 that powers down heating element 22 when a desired volume of vapor passes through atomizer 20. A vapor metering device may measure the volume of vapor passing through atomizer 20 and transmit that information to microcontroller 31, which compares the actual volume passed through atomizer 20 to the dosage setting to determine when to shut off heating element 22. It is reasonably understood that the operational settings (vaporizer control commands) comprise at least a vaporizer battery control command and a vaporizer heating element control command).
Regarding Claim 9, Popplewell in view of Schorr and Dagnello teaches the method of claim 1. Popplewell teaches the method further comprising calculating depletion of the bioactive material formulation in the cartridge based on the amount of bioactive material formulation in the cartridge in view of a total amount of bioactive material formulation originally included the cartridge ([0130]-[0131], Application 74 analyzes payload information and the historical payload reservoir usage information to determine if the payload reservoir is depleted, e.g., if the current calculated volume of payload is below a predetermined threshold. [0095], The historical payload reservoir information can include details related to the payload reservoir 26, such as the original payload contents, remaining contents, used contents, content usage by session, and the like); and
sending a reminder push notification to purchase a new cartridge of the bioactive material formulation ([0130]-[0131], If the payload reservoir is depleted, application 74 can alert the user to replace or order a new cartridge),
but does not teach the method comprising calculating depletion of the bioactive material formulation in the cartridge based the amount of bioactive material formulation in the adapted dose and prior bioactive material formulation doses administrated from the cartridge in view of a total amount of bioactive material formulation originally included the cartridge.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to calculate depletion of the bioactive material formulation in the cartridge based the amount of bioactive material formulation in the adapted dose and prior bioactive material formulation doses administrated from the cartridge in view of a total amount of bioactive material originally included the cartridge because Popplewell demonstrates that details relating to the used contents of the cartridge or content usage by session may be used to calculate depletion of the bioactive material in the cartridge (Popplewell, [0095], [0130]-[0131]), and the amount of bioactive material in the determined bioactive material dosage option and prior bioactive material doses administrated from the cartridge directly relate to the used contents of the cartridge and content usage by session (Popplewell, [0071], [0095]).
Regarding Claim 10, Popplewell, directed to vaporizer control methods ([0005]), teaches a method ([0052], [0098]-[0101], Fig. 4) comprising:
electronically detecting a unique cartridge identifier from a vaporizer cartridge at a vaporizer ([0065]-[0067], [0098]-[0101], Figs. 1, 4; Vape device 10 comprises a payload assembly 24 (vaporizer cartridge) including a payload reservoir 26 containing liquids, oils, other fluids, or tablets. Payload assembly 24 further comprises a unique identifier tag 28 (cartridge identifier). At step 406, computing device 72 opens an application 74 and communicates with vape device 10 to poll for the unique payload identifier of ID tag 28),
the unique cartridge identifier identifying a bioactive material formulation contained in a corresponding bioactive material holding chamber at the vaporizer ([0065]-[0067], [0098]-[0101], Figs. 1, 4; Vape device 10 comprises a payload assembly 24 (vaporizer cartridge) including a payload reservoir 26 (bioactive material holding chamber). Payload reservoir 26 contains a bioactive material formulation comprising nicotine oil, cannabis oil, other liquids, fluids, and/or tablets. At step 408, vape device 10 can, upon being polled by the computing device 72, read ID tag 28 and then transmit the payload identifier to the computing device 72 to identify the payload (bioactive material formulation) contained in payload assembly 24),
the bioactive material formulation including a mixture of each of a plurality of different materials ([0066], Fig. 1; Payload reservoir 26 contains a bioactive material formulation comprising nicotine oil, cannabis oil, other liquids, fluids, and/or tablets)
and personalized targeted therapeutic treatment of a user health condition unrelated to reducing user consumption of any of the at least three materials included in the bioactive material formulation ([0008], [0101], The formulation in payload reservoir 26 is associated with the user’s prescription information for medical marijuana. It is reasonably understood that a user’s prescription for medical marijuana is and personalized targeted therapeutic treatment of a user health condition. Popplewell does not mention that the bioactive material formulation is personalized for targeted therapeutic treatment of a user health condition related to reducing user consumption of any of the materials (marijuana/nicotine) included in the bioactive material formulation);
sending the cartridge identifier to a software application ([0098]-[0101], Fig. 4; Figs. 1, 4; Vape device 10 comprises a payload assembly 24 (vaporizer cartridge) containing bioactive materials such as nicotine oil or cannabis oil. At step 408, vape device 10 can, upon being polled by the computing device 72, read ID tag 28 and then transmit the payload identifier to the application 74 on computing device 72. [0097], Application 74 is a software application on a computing device 72);
receiving authorization from the software application to administer an adapted dose of the bioactive material formulation from the bioactive material holding chamber to the vaporizer user in accordance with a quantitative molecular administering protocol that calculates the adapted dose based at least on: (1) cross-referencing prior dosing information and one or more of: biomedical, biometric and bioinformatic data supporting a continually improving adaptive dosage strategy, (2) user data defining user psychophysiological needs, and (3) the bioactive material data defining the mixture of the specified concentration of each of the at least three different materials included in the bioactive material formulation ([0065]-[0067], [0098]-[0101], Figs. 1, 4; Vape device 10 comprises a payload assembly 24 (vaporizer cartridge) including a payload reservoir 26 (bioactive material holding chamber). Payload reservoir 26 contains a bioactive material formulation comprising nicotine oil, cannabis oil, other liquids, fluids, and/or tablets. Vape device 10 comprises an atomizer 20 for vaporizing the bioactive material. At step 404, computing device 72 authenticates the user of vape device 10 (e.g., by the user entering a password, passcode, or biometric authentication) to authorize use of vape device 10. [0117], The software application 74 on computing device 72 requests the user to input user authentication information and can receive the authentication information. [0099]-[0100], At step 406, the computing device 72 can open the application 74 and then communicate with vape device 10 to poll for the unique payload identifier of ID tag 28. At step 408, vape device 10 can transmit the payload identifier to the computing device 72. At step 410, application 74 can utilize the payload identifier of ID tag 28 and secondary data to determine the vaporizing or operational settings associated with the payload identifier of ID tag 28. At step 412, application 74 transmits operational settings (dosage settings) to vape device 10. At step 414, microcontroller 31 in the vape device 10 then operates and controls the vape device 10 based on the operational settings to administer an adapted dose of the bioactive material formulation from payload reservoir 26 (bioactive material holding chamber). [0077], Operational settings of the vape device 10 include a dosage setting of the bioactive material in payload assembly 24. [0101], Secondary data comprises user information (user data), prescription information, location information, payload information (bioactive material data), historical vape device usage information, and historical payload reservoir information (prior dosing information). [0089], User information can include, but is not limited to, various physiological characteristics, such as a user's height, weight, age, gender, medical record and histories, and medical conditions (biomedical data). [0114]-[0115], Operational (dosage) settings may be associated with a specific substance (bioactive material formulation) contained in the payload reservoir identified by the unique payload identifier of ID tag 28. The dosage setting (user dose of the bioactive material formulation) is adapted based on quantitative analyses of user information, prescription information, location information, payload information, historical vape device usage information, historical payload reservoir information, and the payload identifier of ID tag 28 to determine how much of the payload molecules should be administered to the user. Therefore, the authorization from application 74 allows the vape device 10 to administer an adapted dose of the bioactive material formulation from the bioactive material holding chamber to the vaporizer user in accordance with a quantitative molecular administering protocol. All components of the secondary data (prior dosing information, biomedical data, user data, bioactive material data) can be cross-referenced to calculate an adapted user dose supporting the continually improving dosage strategy);
receiving vaporizer control commands from the software application and defining how to configured the vaporizer to administer the adapted dose of the bioactive material formulation ([0098]-[0101], Fig. 4; At step 410, application 74 can utilize the payload identifier of ID tag 28, and optionally, secondary data, to determine the vaporizing or operational settings associated with the payload identifier of ID tag 28. At step 412, application 74 transmits operational settings to vape device 10. [0077], Operational settings of the vape device 10 include a dosage setting of the bioactive material in payload assembly 24. Steps 410 and 412 involve the vape device 10 receiving the operational settings (vaporizer control commands) from application 74 to define how to configure vape device 10 to administer the adapted dose of the bioactive material formulation); and
implementing the received vaporizer commands administering the adapted dose at the vaporizer ([0098]-[0101], Fig. 4; At step 412, application 74 transmits operational settings (dosage settings) to vape device 10. At step 414, microcontroller 31 in the vape device 10 then operates and controls the vape device 10 based on the operational settings), including:
configuring vaporizer components in accordance with the vaporizer control commands to aerosolize the bioactive material formulation contained in the bioactive material holding chamber ([0065]-[0067], [0098]-[0101], Fig. 4; At step 412, application 74 transmits operational settings (dosage setting) to vape device 10. At step 414, microcontroller 31 in the vape device 10 then operates and controls the vape device 10 based on the operational settings. Vape device 10 comprises an atomizer 20 for vaporizing (atomizing, aerosolizing) the bioactive material in payload assembly 26 (bioactive material holding chamber) based on the operational settings); and
subsequent to configuration, operating the vaporizer components aerosolizing bioactive material formulation from the bioactive material holding chamber delivering the adapted dose ([0065]-[0067], [0098]-[0101], Fig. 4; Configuration occurs at step 412. At step 414, microcontroller 31 in the vape device 10 then operates and controls the vape device 10 based on the operational settings (dosage setting, determined bioactive material dose). Vape device 10 comprises an atomizer 20 for vaporizing (atomizing, aerosolizing) the bioactive material in payload assembly 26 (bioactive material holding chamber) based on the operational settings. [0077], The dosage setting preferably corresponds to a dosage instruction transmitted from microcontroller 31 to battery 42 that powers down heating element 22 when a desired volume of vapor passes through atomizer 20. A vapor metering device may measure the volume of vapor passing through atomizer 20 and transmit that information to microcontroller 31, which compares the actual volume passed through atomizer 20 to the dosage setting to determine when to shut off heating element 22), including:
sending operating characteristics of a vaporizer component to a controller during aerosolization as part of a dosage calculation protocol ([0077], The dosage setting preferably corresponds to a dosage instruction transmitted from microcontroller 31 to battery 42 that powers down heating element 22 when a desired volume of vapor passes through atomizer 20. A vapor metering device may measure the volume of vapor passing through atomizer 20 and transmit that information to microcontroller 31, which compares the actual volume passed through atomizer 20 to the dosage setting to determine when to shut off heating element 22. The vapor metering device and the microcontroller 31 perform a dosage calculation protocol. [0069], Draw sensor 18 can be configured to monitor how much payload is being vaporized or how much volume of vapor is being inhaled by the user); and
receiving a command from the controller to stop aerosolizing bioactive material formulation when delivering of the adapted dose is achieved as another part of the dosage calculation protocol ([0077], The dosage setting preferably corresponds to a dosage instruction transmitted from microcontroller 31 to battery 42 that powers down heating element 22 when a desired volume of vapor passes through atomizer 20. A vapor metering device may measure the volume of vapor passing through atomizer 20 and transmit that information to microcontroller 31, which compares the actual volume passed through atomizer 20 to the dosage setting to determine when to shut off heating element 22. The vapor metering device and the microcontroller 31 perform a dosage calculation protocol),
but does not teach the method i) wherein the bioactive material formulation including a mixture of a specified concentration of each of at least three different materials, wherein the bioactive material data defines the mixture of the specified concentration of each of the at least three different materials included in the bioactive material formulation; and ii) wherein the prior dosing information is user entered dosing outcome information, iii) wherein the dosage calculation protocol comprises sending operating characteristics of the vaporizer components to the software application during aerosolization; and receiving a command from the software application to stop aerosolizing bioactive material formulation when delivering of the adapted dose is achieved as another part of the dosage calculation protocol.
With respect to i), Schorr, directed to vaporizer control methods ([0006], [0071], The inhaler is configured to vaporize two or more substances. The inhaler comprises a controller configured to perform a method of controlling the inhaler) teaches a method ([0196], Fig. 1A; Inhaler 100 comprises a controller 130. [0098], The controller is configured to: access data indicative of a plurality of operation profiles, each configured to deliver a predetermined amount of a defined substance and at least one other substance from a source material, control at least one of: the heating operator and the airflow system to provide a selected first operation profile from the plurality of operation profiles to a source material located at a vaporization chamber. [0147], An operation profile which defines parameters such as a duration of heating the source material, a heating temperature, a rate of airflow through the source material. The process of operating controller 130 is a method), comprising:
receiving a cartridge product identifier corresponding to a cartridge at the vaporizer ([0169], Fig. 1A; The controller 130 receives or reads data pertaining to the initial concentrations of substances in the source material of an inserted chip (e.g. via an electronic tag of the chip, such as RFID), and automatically selects a set of suitable parameters. [0221], The source material may be provided in a cartridge. Therefore, the RFID is a cartridge product identifier corresponding to a cartridge. Inhaler 100 (vaporizer) comprising controller 130 receives the cartridge product identifier);
using the cartridge product identifier identifying a bioactive material formulation ([0169], Fig. 1A; The controller 130 receives or reads data pertaining to the initial concentrations of substances in the source material of an inserted chip (e.g. via an electronic tag of the chip, such as RFID). [0082]-[0083], The source material may be cannabis. [0190], The source material may be a liquid. [0241], The source material may comprise three substances such as THC, THCA, CBD, and/or CBDA. As THC, THCA, CBD, and/or CBDA are bioactive materials, the source material is a bioactive material formulation),
the bioactive material formulation including a mixture of a specified concentration of each of at least three different materials ([0169], Fig. 1A; The controller 130 receives or reads data pertaining to the initial specified concentrations of the substances in the source material of an inserted chip (e.g. via an electronic tag of the chip, such as RFID). [0082]-[0083], [0241], The source material may comprise at least three substances such as THC, THCA, CBD, and/or CBDA);
accessing bioactive material data defining the mixture of the specified concentration of each of the at least three different materials included in the bioactive material formulation ([0169], Fig. 1A; The controller 130 receives or reads data (bioactive material data) pertaining to the initial specified concentrations of the substances in the source material (bioactive material formulation) of an inserted chip (e.g. via an electronic tag of the chip, such as RFID). [0082]-[0083], [0241], The source material may comprise at least three substances such as THC, THCA, CBD, and/or CBDA).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure