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 .
Priority
Acknowledgment is made of applicant’s claim for priority to Application No. (63/152,724) filed on February 23, 2021.
Election/Restrictions
Claims 9 and 18 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species B, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on September 03, 2025.
Applicant's election with traverse of Claims 9 and 18 in the reply filed on September 03, 2025 is acknowledged. The traversal is on the ground(s) that the claims are related to one another as they stem from a common machine which can have various configurations. This is not found persuasive since the configurations being considered are not the same but vary in important ways, and those difference cause them to be drawn to different species. Claims 9 and 18 are drawn to circular configuration that has different type of heating elements. The species requirement was made as the system in Figure 6, for example, is directed to a circular supply apparatus that has fasteners assembly not needed in the other embedment. Additionally, Figure 8 is directed towards a species that has the cartridges connected to flask that is not needed in the other species as the cartridges are connected to a manifold.
The requirement is still deemed proper and is therefore made FINAL.
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 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stout (US 3464388 A) in view of Cole (US 20170000082 A1).
Regarding Claim 1, Stout discloses supply apparatus (Fig 1-2, 13) comprising:
a base component (Fig. 13; 112) comprising a plurality of walls (Fig. 14; 113, 114, 115) and a cavity (inside of the walls in Fig. 14) configured to house one or more electrical components (Examiner notes: this limitation is functional; Fig. 2, 13-14, 24; controller 18, motor 153, blower 154; Col. 5 lines 40-58; Col. 6 lines 29-55; Col. 18 lines 27-54);
a top plate affixed (Fig. 13; 135) to the base component, the top plate enclosing the cavity and comprising a plurality of heating elements (Fig. 1; 12; Fig. 2 ; 16 and 12; Examiner notes: the heater is electrically coupled to the top plate and the electrical components) electrically coupled to the electrical components, wherein the plurality of heating elements includes a first heating element (Fig. 1-2; 12) configured to receive a first end of a cartridge (end of the tube 111) configured to house a substance (Fig. 2; air from pump) to be heated;
and a manifold (Fig. 2, 15; 142) comprising a plurality of delivery ports (147) including a first delivery port (one of the outlet 147), and wherein the first delivery port is configured to couple with a second end of the cartridge (111, connected to 13; Fig. 2) and
Stout does not disclose a substance supply apparatus or that the chamber receives an inhalable drug produced in response to a heating of the substance by the first heating element.
However, Cole teaches a substance supply apparatus (Fig. 1, 4; para. 0022, 0026) and chamber (Fig. 4; 12) receives an inhalable drug ( form pumps 88) produced in response to a heating (heaters 82) of the substance by the heating element (para. 0020, 0029-0031, 0039).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Stout to include the delivery of inhalable drug to the certain chambers as taught by Cole for the purpose of more flexibility for the researcher to perform different experiments or drug testing using one or more different drugs or other potentially harmful substances such as nicotine, alcohol, cocaine, THC and other stimulants, and using different drug vapor delivery systems, delivery concentrations, delivery times and the like. A controller is connected to various components such as heaters, pumps, mixing chambers, and flow meters of the system and stores accumulated test data (para. 0007).
Regrading Claim 2, Modified Stout discloses the substance supply apparatus of claim 1, wherein the plurality of heating elements (Fig. 1-2; 12) further comprises a second heating (another 12; Fig. 1-2) element configured to receive a first end of a second cartridge configured to house a second substance to be heated (substance from Cole; para. 0020, 0029-0031, 0039) , and wherein the plurality of delivery ports (one of the outlet 147) comprises a second delivery port configured to couple with a second end of the second cartridge and receive a second inhalable drug produced in response to a heating of the second substance by the second heating element (Stout; Fig. 1-2; and Cole Fig 2; para. 0007, 0020, 0039).
Regrading Claim 3, Modified Stout discloses the substance supply apparatus of claim 2, wherein the plurality of heating elements (Fig. 1-2; 12) further comprises a third heating element (another 12; Fig. 1-2) configured to receive a first end of a third cartridge (substance from Cole; para. 0020, 0029-0031, 0039) configured to house a third substance to be heated, and wherein the plurality of delivery ports (one of the outlet 147) comprises a third delivery port configured to couple with a second end of the third cartridge and receive a third inhalable drug produced in response to a heating of the third substance by the third heating element (Stout Fig. 1-2; and Cole Fig 2; para. 0007, 0020, 0039).
Regrading Claim 4, Modified Stout discloses the substance supply apparatus of claim 1, further comprising a controller (Fig. 2; 14, 18; Col. 6, lines 44-55; Col. 7, lines 6-18) configured to drive each of the heating elements (Fig. 2; 12) of the plurality of heating elements separately and independently in accordance with a predefined order (Fig. 2; Examiner notes: this limitation is functional).
Regrading Claim 5, Modified Stout discloses the substance supply apparatus of claim 3, wherein each of the first, second and third cartridges houses a different amount of the same substance (Cole Fig 2; para. 0007, 0020, 0039).
Regrading Claim 6, Modified Stout discloses the substance supply apparatus of claim 3, wherein each of the first, second and third cartridges houses a different type of substance (Cole Fig 2; para. 0007, 0020, 0039).
Regrading Claim 7, Modified Stout discloses the substance supply apparatus of claim 3, wherein each of the first, second and third cartridges houses a different concentration of the same substance (Cole Fig 2; para. 0007, 0020, 0039).
Regrading Claim 8, Modified Stout discloses the substance supply apparatus of claim 1, wherein the plurality of heating elements
Modified Stout does not specifically disclose that the heating elements comprises ten heating elements arranged in a two by five array.
However, Stout discloses be understood that the cart may be provided with suitable shelves for supporting any desired number of incubators that connected the different heaters (Col. 4 lines 20-41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device to comprise ten heating elements arranged in a two by five array of Stout device as applicant has not disclosed that two by five array provides criticality of this arrangement as evidenced by the Applicant' s specification which recites an supply systems within the scope of this disclosure comprise any number of two or more heating elements (and thus any number of two or more drug delivery assemblies) arranged in any suitable manner (para. 0052). Since it has been held by the courts that, where the only difference between the prior art and the claims was a recitation of relative shape dimensions of the claimed device two by five array of the heating elements, and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. [MPEP 2144.04, I. Aesthetic Design Changes].
Claim(s) 10-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole (US 20170000082 A1) in view of Stout (US 3464388 A).
Regrading Claim 10, Cole discloses a substance inhalation system (Fig. 4, 7), comprising:
an inhalation chamber (Fig. 4; 12) having an inlet port having a fitting configured for releasable connection to a supply hose (claim 1; para. 0026, 0031-0032);
an actuator device (illustrated in Fig. 1 or 2 or 3; 49; para. 0030; Abstract and claim 1; para. 0038);
a supply apparatus (Fig. 4, 7) for supplying an inhalable substance to the inlet port (Fig. 7; 16; para. 0038; Examiner notes: Cole teaches that test chambers 12 of the multi-chamber system are identical to test chambers 12 of FIGS. 1 to 3, as are the associated individual bubbler systems 14 and vape box systems 52 if present, and like reference numbers are used for like parts as appropriate), the supply apparatus comprising:
a base component (Fig. 4, 7; 72) comprising a plurality of walls and a cavity configured to house one or more electrical components (Fig. 4, 7; 0038-0039);
a top plate affixed to the base component (Fig. 4, 7; 78), the top plate enclosing the cavity and comprising a plurality of heating elements (Fig. 4, 6; 82) electrically coupled to the electrical components (the heating elements are electrically coupled to the electrical components; Fig. 4; 90; para. 0038-0040; claim 1), receives an inhalable drug (from pumps 88) produced in response to a heating (heaters 82) of the substance by the heating element (para. 0020, 0029-0031, 0039);
wherein the plurality of heating elements (Fig. 4; 82) includes a first heating elements (one of the 82) configured to receive a first end of a cartridge (Fig. 4; 118) configured to house a substance to be heated (substance from 88) and a manifold (Fig. 7; 96) comprising a first delivery port;
and a supply path comprising the supply hose between the supply apparatus and chamber inlet port (Fig. 4, 7; the path goes to individual chamber);
and a controller (Fig. 1-3; 9; para. 0022-0023, 0029, 0033-0034, 0040, 0047, 0049; Fig. 4,7; 76) connected to the supply apparatus (Fig. 4, 7) and actuator device and configured to cause one or more heating elements of the plurality of heating elements to heat the substance housed in the cartridge (Examiner notes; this limitation is functional; para; 0038-0040.
Cole does not teach and a manifold comprising a plurality of delivery ports including a wherein the first delivery port is configured to couple with a second end of the cartridge.
Stout teaches a manifold (Fig. 2, 15; 142) comprising a plurality of delivery ports (Fig. 2; 15; 147) including a first delivery port (one of the outlet 147), and wherein the first delivery port is configured to couple with a second end of the cartridge (111, connected to 13; Fig. 2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the supply apparatus of Cole to include a manifold comprising a plurality of delivery ports including a first delivery port, and wherein the first delivery port is configured to couple with a second end of the cartridge as taught by Stout for the purpose of designed to provide the necessary control parameters of the air to be delivered to each individual inhalation chamber.
Modified Cole does not specifically disclose the manifold comprising an outlet having a fitting for releasable connection to the supply hose,
However, Cole teaches that an inlet port having a fitting configured for releasable connection to a supply hose (claim 1; para. 0026, 0031-0032).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the manifold of modified Cole to include the fitting as taught by Cole for the purpose of releasable connection to the supply hose and a standard quick connect/disconnect (claim 1; para. 0026, 0031-0032).
Regrading Claim 11, Modified Cole discloses substance supply system of claim 10,
wherein the plurality of heating elements (Fig. 4; 82) further comprises a second heating element (another 82) and substance that is inhalable drug that will be heated (Cole Fig 2; para. 0007, 0020, 0039).
Cole does not specifically teach the heating elements configured to receive a first end of a second cartridge configured to house a second substance to be heated, and wherein the plurality of delivery ports comprises a second delivery port configured to couple with a second end of the second cartridge and receive a second inhalable drug produced in response to a heating of the second substance by the second heating element.
Stout further teaches the heating elements configured to receive a first end of a second cartridge (111) configured to house a second substance to be heated (air) , and wherein the plurality of delivery ports (one of the outlet 147) comprises a second delivery port configured to couple with a second end of the second cartridge (111) and receive air produced in response to a heating of the air by the second heating element (Stout; Fig. 1-2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the supply apparatus and heating elements of Cole to configured to receive a first end of a second cartridge configured to house a second substance to be heated, and wherein the plurality of delivery ports comprises a second delivery port configured to couple with a second end of the second cartridge and receive a produced in response to a heating of the second substance by the second heating element as taught by Stout for the purpose of designed to provide the necessary control parameters of the air to be delivered.
Regrading Claim 12, Modified Cole discloses the substance supply system of claim 11,
the plurality of heating elements (Fig. 4; 82; para. 0040: Examiner notes: Cole teaches that a third flask may be unheated so it can also be heated) and substance that is inhalable drug that will be heated (Cole Fig 2; para. 0007, 0020, 0039).
However, Cole does not specifically further comprise a third heating element configured to receive a first end of a third cartridge configured to house a third substance to be heated, and wherein the plurality of delivery ports comprises a third delivery port configured to couple with a second end of the third cartridge and receive a third inhalable drug produced in response to a heating of the third substance by the third heating element.
Stout teaches wherein the plurality of heating elements (Fig. 1-2; 12; more than 2) further comprises a third heating element (another 12; Fig. 1-2) configured to receive a first end of a third cartridge (111) configured to house a third substance to be heated, and wherein the plurality of delivery ports (one of the outlet 147) comprises a third delivery port configured to couple with a second end of the third cartridge and receive air produced in response to a heating of the third substance by the third heating element (Stout Fig. 1-2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the supply apparatus and heating elements of Cole to include the wherein the plurality of heating elements further comprises a third heating element configured to receive a first end of a third cartridge configured to house a third substance to be heated, wherein the plurality of delivery ports comprises a third delivery port configured to couple with a second end of the third cartridge and receive inhalation substance produced in response to a heating of the third substance by the third heating element as taught by Stout for the purpose of designed to provide the necessary control parameters of the air to be delivered.
Regrading Claim 13, Modified Cole discloses the substance supply system of claim 10, wherein the controller (Fig. 1-3; 9; para. 0022-0023, 0029, 0033-0034, 0040, 0047, 0049; Cole) is configured for user selection of a self-administration mode or passive mode (claim 1, para. 0036, 0050; abstract; Examiner notes: this limitation is functional), a predetermined order to turn on and off a vaporizer when in a passive mode (para. 0034, 0050; claim 1) the actuator device (49), and a test animal in the chamber (12).
Cole does not specifically teach whereby the controller sequentially and separately turns on each heating element of the plurality of heating elements or separately turns on each heating element of the plurality of heating elements in accordance with an order.
However, Stout teaches the controller (Fig. 2; 14, 18) sequentially and separately turns on each heating element of the plurality of heating elements (12) on separate and distinct activations and separately turns on each heating element of the plurality of heating elements in accordance with an order (Col. 4 lines 62-74, Col. 6, lines 44-55; Col. 7, lines 6-18).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the controller Cole to include the sequentially and separately turns on each heating element and separately turns on each heating element of the plurality of heating elements in accordance with an order as taught by Stout because it is often necessary to establish slightly different conditions for each of the individual animals (Col. 4 lines 62-74).
Regrading Claim 14, Modified Cole discloses the substance supply system of claim 12, wherein each of the first, second and third cartridges houses a different amount of the same substance (Cole Fig 2; para. 0007, 0020, 0039).
Regrading Claim 15, Modified Cole discloses the substance supply system of claim 12, wherein each of the first, second and third cartridges houses a different type of substance (Cole Fig 2; para. 0007, 0020, 0039).
Regrading Claim 16, Modified Cole discloses the substance supply system of claim 12, wherein each of the first, second and third cartridges houses a different concentration of the same substance (Cole Fig 2; para. 0007, 0020, 0039).
Regrading Claim 17, Modified Cole discloses the substance supply system of claim 10,
Modified Cole does not disclose wherein the plurality of heating elements comprises ten heating elements arranged in a two by five array.
However, Stout discloses be understood that the cart may be provided with suitable shelves for supporting any desired number of incubators that connected the different heaters (Col. 4 lines 20-41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device to comprise ten heating elements arranged in a two by five array of Stout device as applicant has not disclosed that two by five array provides criticality of this arrangement as evidenced by the Applicant' s specification which recites an supply systems within the scope of this disclosure comprise any number of two or more heating elements (and thus any number of two or more drug delivery assemblies) arranged in any suitable manner (para. 0052). Since it has been held by the courts that, where the only difference between the prior art and the claims was a recitation of relative shape dimensions of the claimed device two by five array of the heating elements, and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. [MPEP 2144.04, I. Aesthetic Design Changes].
Conclusion
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/MAAP ELLABIB/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785