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 Arguments
This Office Action is in response to the amendment filed on August 13, 2025. As directed by the amendment, Claims 1, 11, and 15 have been amended. Claims 1-21 are pending in the instant application.
Regarding the Office Action mailed February 14, 2025:
Applicant’s arguments regarding the 35 USC 103 rejections have been fully considered but they are not persuasive.
Regarding the prior art, Applicant argues that the combination fails to teach or suggest a processor configured to receive instructions on dosage and timing of administering dosage from a management system only at a predetermined location of the user. Applicant states that Alarcon only mentions the use of GPS location information and mentions nothing about transmission or reception occurring only at a predetermined location (Remarks: Pages 7-10).
Examiner respectfully disagrees with this argument. It is noted that the prior art Stevens was used to address this deficiency. Alarcon shows it is capable of utilizing GPS to receive information when the device is in close proximity to a location. Stevens further teaches that the GPS can be used to control where the vaporization unit works (Stevens: paragraph 0184). Since the device would only work in certain locations, the device would only be capable of receiving the instructions of dosage and usage from these certain locations. In other words, the device is inactive when the device is not at these certain locations. Applicant has not further specified details on what is functional on the device when the device is away from the designated or predetermined locations.
Claim Objections
Claims 1-21 are objected to because of the following informalities:
The phrase "on dosages" should be changed to --on a dosage-- for consistency (Claim 1, Line 15).
Replace period after "networks" with comma to correct grammatical error (Claim 1, Line 19).
The phrase "on a dosage and timing of administering dosage" should be changed to --on the dosage and timing of administering the dosage-- for consistency (Claim 1, Line 21).
The phrase "on dosages" should be changed to --on a dosage-- for consistency (Claim 11, Line 15).
The phrase "instructions to administer a dosage" should be changed to --the instructions to administer the dosage-- for consistency (Claim 11, Line 20).
Claims 2-10 and 12-21 are objected for being dependent on objected Claims 1 and 11.
Appropriate correction is required.
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.
Claims 1, 3-4, 8-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon et al. (US 2015/0327596 A1) in view of Smith et al. (US 2016/0089508 A1) and Stevens et al. (US 2015/0136158 A1).
Regarding Claim 1, Alarcon discloses an apparatus (apparatus of Figs 1A, 1B, and 8) comprising: one or more cartridges (140A and 140B, Fig 1A) comprising one or more substances to dispense to a user (140 may contain smoking liquid and connected to vaporizing chamber 124, paragraph 0035); one or more actuators (141 and/or 142, Fig 1A) configured to actuate the one or more cartridges for dispensing of the one or more substances from the one or more cartridges (141 connected to 140 to control flow of smoking liquid from container to vaporizing chamber, paragraph 0036; other passive or active filtering/screening devices are also contemplated for 141, semi-active dispensing device that does not allow a liquid to flow therethrough unless electrical field is applied, active dispensing device 142 may be connected to container in order to consistently dispense substantially the same amount of smoking liquid to vaporizing chamber 124 each time, paragraph 0038); a heating element (146, Fig 1A) configured to heat the one or more substances of the one or more cartridges to a point of vaporization to generate a vaporized form of the one or more substances (when smoking liquid is dispensed from container 140 and heater 146 is turned on, smoking liquid may be mixed with air and vaporized by heat from heater 146, paragraph 0040); an outlet port (126, Fig 1A) through which the vaporized form of the substance is inhalable by the user (resultant vapor may be pulled out from vaporizing chamber via smoke outlet 126 for user’s oral inhalation, paragraph 0040); a communications module (136, Fig 1A) configured to communicate via a wireless transmitter to one or more networks with a system (136 may also connect ESD 100 to a wired network and/or a wireless network, paragraph 0043); and one or more processors (170, Fig 1B; 212 and/or 210, Fig 8; 212 may further include instructions to be executed by controller 210, paragraph 0063; ESD may include a controller such as a microcontroller or microprocessor, paragraph 0035; controller 170 may perform various operations such as data processing, paragraph 0047) configured to: identify that the apparatus is at or within a predetermined distance of the one or more predetermined location (ESD can be configured to obtain and store GPS data or other location-based services data, paragraph 0070; ESD can also contain location-based services, smartphone app configured to relay user’s location to retailer, send a promotion to the user to buy more smoke juice at nearby store, paragraph 0072; 940 shows interactive map of nearby locations where users are able to “vape” or use ESDs, tag current location and get directions to one or more vape-friendly location, paragraph 0079; 948 is interactive map that displays retail locations in user’s vicinity, push notification when app detects a nearby retailer by using GPS or other location-based services data, paragraph 0082; notifications regarding a nearby retailer or vape-friendly location would inherently utilize a predetermined distance for a predetermined location to activate); cause via the one or more actuators to dispense the or more substances from the one or more cartridges and the heating element to heat the one or more substances into the vaporized form (sensor 132 may send a signal to turn on heater 146, 132 may send signal to active dispensing device 142 to dispense a predetermined amount of smoking liquid, paragraph 0040; 170 may perform various operations such as heating adjustment/control, dosage control, paragraph 0047; integrated sensor 132/controller 170 circuit may monitor a change in resistance while heater is turned on and adjust current level, paragraph 0049; 170 and 132A may be integrated as a single semiconductor chip, paragraph 0046; controller 170 shown to be connected to sensors 132A and 132B, Fig 1B).
Alarcon fails to disclose one or more processors configured to: restrict dispensing the one or more substances to only one or more predetermined locations; receive instructions on dosages only at the one or more predetermined locations; receive from the system over the one or more networks via the communications module, only at the predetermined location of the user, instructions on a dosage and timing of administering dosage for dispensing the one or more substances to the user; and causing via the one or more actuators to dispense the or more substances from the one or more cartridges and the heating element to heat the one or more substances into the vaporized form in accordance with the dosage and time of administering the dosage instructions.
However, Smith, of the same field of endeavor, teaches a vapor inhalation device (Abstract) including one or more processors (controller 18, Fig 1) configured to: receive from the system over the one or more networks via the communications module, instructions on a dosage and timing of administering dosage for dispensing the one or more substances to the user (communication unit 17 provided in device and configured to receive and transmit data for controlling device, communicate and be controlled by a mobile communication device 20 such as a smart-phone having an app, 17 uses communication means such as BLUETOOTH or any other means of similar communication, paragraph 0038; deliver precise user defined amount of substance such as nicotine, user selects nicotine strength, intention is deliver nicotine levels in precise increments, user can program a tapered nicotine reduction over specified period of time, user wishes to taper nicotine over a time period of 90 days, paragraph 0048; adaptive algorithm monitors how user uses device and automatically calculates baseline, APP gradually decrease nicotine level over period of time, user receives notifications about specific times he can use device, paragraph 0053; user can program the amount of dosage over a period of time which involves dosage and timing); and causing via the one or more actuators to dispense the one or more substances from the one or more cartridges and the heating element to heat the one or more substances into the vaporized form in accordance with the dosage and time of administering the dosage instructions (controller 18 configured to communicate with 17 and receive data from 17 and determine amount of first substance to be released based on data, and control first and second release devices based on determined amount, 18 configured to control release devices to deliver substance in precise increments set by user via 20 in an amount 0 to 100% concentration, paragraph 0039; deliver precise user defined amount of substance such as nicotine, user selects nicotine strength, intention is deliver nicotine levels in precise increments, user can program a tapered nicotine reduction over specified period of time, user wishes to taper nicotine over a time period of 90 days, paragraph 0048; adaptive algorithm monitors how user uses device and automatically calculates baseline, APP gradually decrease nicotine level over period of time, user receives notifications about specific times he can use device, paragraph 0053) to allow control of the release devices to deliver substances at precise increments set by the user via a mobile communication device (paragraph 0039) and to control the user’s intake of nicotine (paragraph 0048).
Therefore, 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 controller to communicate with a mobile communication device via the communication unit and to allow dispensing and timing adjustment of the smoking liquid via the mobile communication device, as taught by Smith, to allow control of the release devices to deliver substances at precise increments set by the user via a mobile communication device (Smith: paragraph 0039) and to control the user’s intake of nicotine (Smith: paragraph 0048). This benefit would allow a user to adjust the amount of substance they want to have vaporized and adjust the concentration of the vapor via the mobile communication device. Additionally, the user is able to see the exact amounts of substances being vaporized via a separate device which adds convenience. Furthermore, allowing control of the amount and timing of the nicotine or other substances gives the user additional customization of the substance delivery and ensures the substances are delivered with precision to promote cessation.
Alarcon-Smith combination fails to teach restrict dispensing the one or more substances to only one or more predetermined locations; receive instructions on dosages only at the one or more predetermined locations; receive from the system over the one or more networks, via the communications module, only at the predetermined location of the user.
However, Stevens, of the same field of endeavor, teaches systems and methods for managing and preventing liability issues relating to regulating usage and control of controlled substances (Abstract) teaches restricting dispensing the one or more substances to only one or more predetermined locations; receive instructions on dosages only at the one or more predetermined locations; receive from the system over the one or more networks, via the communications module, only at the predetermined location of the user (vaporization unit may include GPS, accelerometer, and internal clock, vaporization unit may be programmed to only work at certain times of the day and/or in only certain locations as a method of dosage and usage control, GPS and accelerometer may also serve to prevent use while driving, paragraph 0184; device would only function or receive instructions when the device is at certain locations) to allow for control of usage and dosage to certain locations and prevent use during driving (paragraph 0184).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add programming that would only allow activation of the device at certain locations, as taught by Stevens, to allow for control of usage and dosage to certain locations and prevent use during driving (Stevens: paragraph 0184). This addition to the device would promote safety as it would prevent the device’s usage during driving or at places where it is inappropriate to vape or smoke. This can be particularly useful for promoting designated smoking/vaping areas as it would control the usage to certain, permitted locations. This would also work in conjunction with Alarcon’s functionality which already has a built-in GPS and an interactive map for finding vape-friendly locations. Providing better control over where the device can be used also ensures safety for unapproved consumers, particularly children.
Regarding Claim 3, Alarcon-Smith-Stevens combination teaches the one or more processors are configured to determine a remaining quantity of the one or more substances of the one or more cartridges and to monitor a consumption rate of the substance via vaporization (Alarcon: 180 may store data collected by 170 such as usage data, paragraph 0047; 136 may send usage data to the pack 200, computer 320, and/or the like, paragraph 0043; 212 may include usage information like smoke liquid level in container 140, how many containers 140 have been consumed, amount of nicotine consumed, paragraph 0063; packs 200B may send usage data to healthcare service provider, may track and analyze nicotine consumption by user, usage data used to monitor how much she or he smokes and check whether she or he has been smoking less or more for a period time, paragraph 0066).
Regarding Claim 4, Alarcon-Smith-Stevens combination teaches the one or more processors are configured to communicate one of the quantity or the consumption rate to the system via the communications module (Alarcon: 180 may store data collected by 170 such as usage data, paragraph 0047; 136 may send usage data to the pack 200, computer 320, and/or the like, paragraph 0043; 212 may include usage information like smoke liquid level in container 140, how many containers 140 have been consumed, amount of nicotine consumed, paragraph 0063; packs 200B may send usage data to healthcare service provider, may track and analyze nicotine consumption by user, usage data used to monitor how much she or he smokes and check whether she or he has been smoking less or more for a period time, paragraph 0066).
Regarding Claim 8, Alarcon-Smith-Stevens combination teaches the one or more processors are further configured to cause the one or more actuators to actuate the one or more cartridges to dispense an amount of the one or more substances corresponding to the dosage instructions (Smith: controller 18 configured to communicate with 17 and receive data from 17 and determine amount of first substance to be released based on data, and control first and second release devices based on determined amount, 18 configured to control release devices to deliver substance in precise increments set by user via 20 in an amount 0 to 100% concentration, paragraph 0039; vapor inhalation is communicating with and controlled by user’s mobile communication device, user selects nicotine strength, deliver nicotine levels in precise increments, paragraph 0048).
Regarding Claim 9, Alarcon-Smith-Stevens combination teaches a temperature control module to control a temperature of heating the one or more substances (Alarcon: the integrated sensor 132/controller 170 circuit may monitor a change in resistance while heater 146 is turned on and adjust current level in a real-time basis to maintain heating temperature at substantially same level, paragraph 0049; controller 170 may perform various operations like heater calibration, heating parameter adjustment/control, paragraph 0047; ESD 100 can be used in conjunction with an app for a smart phone, paragraph 0071; temperature control screen 930 can indicate actual vapor temperature and recommended vapor temperature, can indicate current flavor profile for ESD 100 as different flavor profiles will have different recommended vapor temperatures, paragraph 0077; Fig 9C shows a control temp button 908; Fig 9F shows the recommended temperature level for a particular flavor profile; user has the ability to control the temperature to the recommended temperature based on various flavor profiles).
Regarding Claim 10, Alarcon-Smith-Stevens combination teaches the instructions from the system provides temperature information wherein the one or more processors are further configured to cause the heating element to heat the one or more substances according to the temperature information (Alarcon: the integrated sensor 132/controller 170 circuit may monitor a change in resistance while heater 146 is turned on and adjust current level in a real-time basis to maintain heating temperature at substantially same level, paragraph 0049; controller 170 may perform various operations like heater calibration, heating parameter adjustment/control, paragraph 0047; ESD 100 can be used in conjunction with an app for a smart phone, paragraph 0071; temperature control screen 930 can indicate actual vapor temperature and recommended vapor temperature, can indicate current flavor profile for ESD 100 as different flavor profiles will have different recommended vapor temperatures, paragraph 0077; Fig 9C shows a control temp button 908; Fig 9F shows the recommended temperature level for a particular flavor profile; user has the ability to control the temperature to the recommended temperature based on various flavor profiles).
Regarding Claim 11, Alarcon discloses a system, comprising: a management system (apparatus of Fig 9A) to communicate with a plurality of dispensing devices that dispense one or more substances to users (360 shown to communicate towards numerous devices 200A and 200B, Fig 9A; exchanging data of the pack 200 over various communication channels, 300 may be a network of a plurality of communication devices such as one or more packs 200, user may download and install software application in her or his computers 320 such that 320 and 200 may exchange data, an app may be installed in user’s smartphone which may be then connected to pack 200 directly or via communication channels 306, paragraph 0064); a dispensing device (apparatus of Figs 1A, 1B, and 8; apparatus of Figs 1A and 1B are 100 and are shown to be part of 200, Fig 7B) of the plurality of dispensing devices comprising: a communications module (136, Fig 1A) to communicate via one or more networks with the management system (136 may also connect ESD 100 to a wired network and/or a wireless network, 136 may send data to pack 200, the computer 320, paragraph 0043; exchanging data of the pack 200 over various communication channels, 300 may be a network of a plurality of communication devices such as one or more packs 200, paragraph 0064); one or more cartridges (140A and 140B, Fig 1A) comprising the one or more substances (140 may contain smoking liquid and connected to vaporizing chamber 124, paragraph 0035); one or more actuators (141 and/or 142, Fig 1A) configured to actuate the one or more cartridges for dispensing of the one or more substances from the one or more cartridges (141 connected to 140 to control flow of smoking liquid from container to vaporizing chamber, paragraph 0036; other passive or active filtering/screening devices are also contemplated for 141, semi-active dispensing device that does not allow a liquid to flow therethrough unless electrical field is applied, active dispensing device 142 may be connected to container in order to consistently dispense substantially the same amount of smoking liquid to vaporizing chamber 124 each time, paragraph 0038); a heating element (146, Fig 1A) configured to heat one or more substances of the one or more cartridges to a point of vaporization to generate a vaporized form of the one or more substances (when smoking liquid is dispensed from container 140 and heater 146 is turned on, smoking liquid may be mixed with air and vaporized by heat from heater 146, paragraph 0040); an outlet port (126, Fig 1A) through which the vaporized form of the substance is inhalable by the user (resultant vapor may be pulled out from vaporizing chamber via smoke outlet 126 for user’s oral inhalation, paragraph 0040); and one or more processors (170, Fig 1B; 212 and/or 210, Fig 8; 212 may further include instructions to be executed by controller 210, paragraph 0063; ESD may include a controller such as a microcontroller or microprocessor, paragraph 0035; controller 170 may perform various operations such as data processing, paragraph 0047) configured to receive instructions from the management system (360 shown to communicate towards numerous devices 200A and 200B, Fig 9A; exchanging data of the pack 200 over various communication channels, 300 may be a network of a plurality of communication devices such as one or more packs 200, paragraph 0064; 136 may also connect ESD 100 to a wired network and/or a wireless network, 136 may send data to pack 200, the computer 320, paragraph 0043); and wherein the management system communicates remotely via one or more networks (360 shown to communicate towards numerous devices 200A and 200B, Fig 9A; exchanging data of the pack 200 over various communication channels, 300 may be a network of a plurality of communication devices such as one or more packs 200, paragraph 0064); wherein the one or more processors are configured to: identify that the apparatus is at or within a predetermined distance of the one or more predetermined location (ESD can be configured to obtain and store GPS data or other location-based services data, paragraph 0070; ESD can also contain location-based services, smartphone app configured to relay user’s location to retailer, send a promotion to the user to buy more smoke juice at nearby store, paragraph 0072; 940 shows interactive map of nearby locations where users are able to “vape” or use ESDs, tag current location and get directions to one or more vape-friendly location, paragraph 0079; 948 is interactive map that displays retail locations in user’s vicinity, push notification when app detects a nearby retailer by using GPS or other location-based services data, paragraph 0082; notifications regarding a nearby retailer or vape-friendly location would inherently utilize a predetermined distance for a predetermined location to activate); cause via the one or more actuators to dispense the or more substances from the one or more cartridges and the heating element to heat the one or more substances into the vaporized form (sensor 132 may send a signal to turn on heater 146, 132 may send signal to active dispensing device 142 to dispense a predetermined amount of smoking liquid, paragraph 0040; 170 may perform various operations such as heating adjustment/control, dosage control, paragraph 0047; integrated sensor 132/controller 170 circuit may monitor a change in resistance while heater is turned on and adjust current level, paragraph 0049; 170 and 132A may be integrated as a single semiconductor chip, paragraph 0046; controller 170 shown to be connected to sensors 132A and 132B, Fig 1B).
Alarcon fails to disclose instructions on dosages; restrict dispensing the one or more substances to only one or more predetermined locations; responsive to input from the one or more users of the management systems, instructions to administer a dosage and timing of the dosage of the one or more substances of a user of a plurality of users subscribed to the management system; and wherein the dispensing device receives only at the predetermined location of the user, the instructions on the dosage and timing of the dosage from the management system and wherein the one or more processors, responsive to receiving the instructions, causes via the one or more actuators to dispense the one or more substances from the one or more cartridges and the heating element to heat the one or more substances into the vaporized form in accordance with the dosage and timing of the dosage instructions.
However, Smith, of the same field of endeavor, teaches a vapor inhalation device (Abstract) including instructions on dosages; responsive to input from one or more users of the management systems, instructions to administer a dosage and timing of the dosage of the one or more substances of a user of a plurality of users subscribed to the management system (communication unit 17 provided in device and configured to receive and transmit data for controlling device, communicate and be controlled by a mobile communication device 20 such as a smart-phone having an app, 17 uses communication means such as BLUETOOTH or any other means of similar communication, paragraph 0038; deliver precise user defined amount of substance such as nicotine, user selects nicotine strength, intention is deliver nicotine levels in precise increments, user can program a tapered nicotine reduction over specified period of time, user wishes to taper nicotine over a time period of 90 days, paragraph 0048; adaptive algorithm monitors how user uses device and automatically calculates baseline, APP gradually decrease nicotine level over period of time, user receives notifications about specific times he can use device, paragraph 0053; user can program the amount of dosage over a period of time which involves dosage and timing); and wherein the dispensing device receives the instructions on the dosage and timing of the dosage from the management system from management system (communication unit 17 provided in device and configured to receive and transmit data for controlling device, communicate and be controlled by a mobile communication device 20 such as a smart-phone having an app, 17 uses communication means such as BLUETOOTH or any other means of similar communication, paragraph 0038; deliver precise user defined amount of substance such as nicotine, user selects nicotine strength, intention is deliver nicotine levels in precise increments, user can program a tapered nicotine reduction over specified period of time, user wishes to taper nicotine over a time period of 90 days, paragraph 0048; adaptive algorithm monitors how user uses device and automatically calculates baseline, APP gradually decrease nicotine level over period of time, user receives notifications about specific times he can use device, paragraph 0053) and wherein the one or more processors (controller 18, Fig 1), responsive to receiving the instructions, causes via the one or more actuators to dispense the one or more substances from the one or more cartridges and the heating element to heat the one or more substances into the vaporized form in accordance with the dosage and timing of the dosage instructions (controller 18 configured to communicate with 17 and receive data from 17 and determine amount of first substance to be released based on data, and control first and second release devices based on determined amount, 18 configured to control release devices to deliver substance in precise increments set by user via 20 in an amount 0 to 100% concentration, paragraph 0039; deliver precise user defined amount of substance such as nicotine, user selects nicotine strength, intention is deliver nicotine levels in precise increments, user can program a tapered nicotine reduction over specified period of time, user wishes to taper nicotine over a time period of 90 days, paragraph 0048; adaptive algorithm monitors how user uses device and automatically calculates baseline, APP gradually decrease nicotine level over period of time, user receives notifications about specific times he can use device, paragraph 0053) to allow control of the release devices to deliver substances at precise increments set by the user via a mobile communication device (paragraph 0039) and to control the user’s intake of nicotine (paragraph 0048).
Therefore, 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 controller to communicate with a mobile communication device via the communication unit and to allow dispensing and timing adjustment of the smoking liquid via the mobile communication device, as taught by Smith, to allow control of the release devices to deliver substances at precise increments set by the user via a mobile communication device (Smith: paragraph 0039) and to control the user’s intake of nicotine (Smith: paragraph 0048). This benefit would allow a user to adjust the amount of substance they want to have vaporized and adjust the concentration of the vapor via the mobile communication device. Additionally, the user is able to see the exact amounts of substances being vaporized via a separate device which adds convenience. Furthermore, allowing control of the amount and timing of the nicotine or other substances gives the user additional customization of the substance delivery and ensures the substances are delivered with precision to promote cessation.
Alarcon-Smith combination fails to teach restrict dispensing the one or more substances to only one or more predetermined locations; wherein the dispensing device receives only at the predetermined location of the user.
However, Stevens, of the same field of endeavor, teaches systems and methods for managing and preventing liability issues relating to regulating usage and control of controlled substances (Abstract) teaches restricting dispensing the one or more substances to only one or more predetermined locations; wherein the dispensing device receives only at the predetermined location of the user (vaporization unit may include GPS, accelerometer, and internal clock, vaporization unit may be programmed to only work at certain times of the day and/or in only certain locations as a method of dosage and usage control, GPS and accelerometer may also serve to prevent use while driving, paragraph 0184; device would only function or receive instructions when the device is at certain locations) to allow for control of usage and dosage to certain locations and prevent use during driving (paragraph 0184).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add programming that would only allow activation of the device at certain locations, as taught by Stevens, to allow for control of usage and dosage to certain locations and prevent use during driving (Stevens: paragraph 0184). This addition to the device would promote safety as it would prevent the device’s usage during driving or at places where it is inappropriate to vape or smoke. This can be particularly useful for promoting designated smoking/vaping areas as it would control the usage to certain, permitted locations. This would also work in conjunction with Alarcon’s functionality which already has a built-in GPS and an interactive map for finding vape-friendly locations. Providing better control over where the device can be used also ensures safety for unapproved consumers, particularly children.
Regarding Claim 13, Alarcon-Smith-Stevens combination teaches the one or more processors are further configured to cause the one or more actuators to actuate the one or more cartridges to dispense an amount of the one or more substances corresponding to the dosage instructions (Smith: controller 18 configured to communicate with 17 and receive data from 17 and determine amount of first substance to be released based on data, and control first and second release devices based on determined amount, 18 configured to control release devices to deliver substance in precise increments set by user via 20 in an amount 0 to 100% concentration, paragraph 0039; vapor inhalation is communicating with and controlled by user’s mobile communication device, user selects nicotine strength, deliver nicotine levels in precise increments, paragraph 0048).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Alarcon et al. (US 2015/0327596 A1), Smith et al. (US 2016/0089508 A1), and Stevens et al. (US 2015/0136158 A1) as applied to Claim 1 in further view of Wensley et al. (US 2014/0190496).
Regarding Claim 2, Alarcon-Smith-Stevens combination teaches the claimed invention of Claim 1. Alarcon-Smith-Stevens combination fails to teach the one more substances comprises cannabis.
However, Wensley, of the same field of endeavor, teaches a condensation aerosol generating device (paragraph 0008) including the one more substances comprises cannabis (antiemetic includes cannabis, paragraph 0244; an herb can be cannabis, paragraph 0295) since this is a known substance used in vaporization devices.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use cannabis as a substance for vaporization, as taught by Wensley, since this is a known substance used in vaporization devices.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon et al. (US 2015/0327596 A1), Smith et al. (US 2016/0089508 A1), and Stevens et al. (US 2015/0136158 A1) as applied to Claims 1 and 12 in further view of Xie (English Machine Translation of CN 103960785A provided by Espacenet, 2014).
Regarding Claim 5, Alarcon-Smith-Stevens combination teaches the claimed invention of Claim 1. Alarcon-Smith-Stevens combination also teaches container 140 may be a single container or a group of containers that are connected to or separated from each other (Alarcon: paragraph 0035).
Alarcon-Smith-Stevens combination fails to teach the one or more cartridges comprises a plurality of chambers.
However, Xie, of the same field of endeavor, teaches a multi-smoke oil bottle atomizer (Description) including the one or more cartridges comprises a plurality of chambers (4 has multiple chambers involved, Fig 1; there are four e-liquid bottles, each of which contains different flavors of e-liquid, paragraph 0021; rotatable e-liquid switch assembly has several independent e-liquid bottles, paragraph 0009; one flavor can be changed every 90 degrees of rotation, paragraph 0012; there are four e-liquid bottles, each of which contains different flavors of e-liquid, paragraph 0021) to allow for different flavors to be present (paragraph 0021) and provide a way to inhale a multi-flavored e-liquid (paragraph 0007).
Therefore, 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 container to have multiple chambers and to modify the container to allow rotation of these chambers for selection, as taught by Xie, to allow for different flavors to be present (Xie: paragraph 0021) and provide a way to inhale a multi-flavored e-liquid (Xie: paragraph 0007). This improvement introduces more varieties of flavors that cannot be achieved with just a single flavor and allows the user to explore more flavors that might suit their taste buds more.
Regarding Claim 6, Alarcon-Smith-Stevens-Xie combination teaches the apparatus is further configured to position a chamber of the plurality of chambers into communication with the heating element for vaporization (Xie: rotatable e-liquid switch assembly has several independent e-liquid bottles, paragraph 0009; one flavor can be changed every 90 degrees of rotation, paragraph 0012; there are four e-liquid bottles, each of which contains different flavors of e-liquid, paragraph 0021; the selection of 4 and release of e-liquid are performed by rotation of e-liquid switching assembly, paragraph 0021; 8 is the atomization core where selected e-liquid is atomized, Fig 1).
Alarcon-Smith-Stevens-Xie combination fails to teach position a chamber via the one or more actuators.
However, it would be obvious for one of ordinary skill in the art before the effective filing date of the invention to convert the manual switchable member to be an automated actuator since it has been found that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art. See MPEP 2144.04, Section III. This change would be an obvious modification and would provide additional benefits by not requiring the user to rotate among different flavors.
Claims 7 and 12, 14-16, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon et al. (US 2015/0327596 A1), Smith et al. (US 2016/0089508 A1), and Stevens et al. (US 2015/0136158 A1) as applied to Claims 1 and 11 in further view of Frija (US 2015/0122252 A1).
Regarding Claim 7, Alarcon-Smith-Stevens combination teaches the claimed invention of Claim 1. Alarcon-Smith-Stevens combination fails to teach the dispensing device further comprises a security module to authorize the user and ensure that the dosage is administered to the authorized user.
However, Frija, of the same field of endeavor, teaches a hand-held personal vaporizer (Abstract) including the dispensing device further comprises a security module to authorize the user and ensure that the dosage is administered to the authorized user (vaporizer includes a fingerprint scanner configured to scan a fingerprint, locking module configured to securely lock vaporize from use if authorized fingerprint is not detected, Abstract; control module restricts or modifies operation of vaporizer unless valid fingerprint is scanned, paragraph 0046; finger print scan module and/or mechanism to allow locking or unlocking of vaporizer, by identifying and/or authenticating the user, paragraph 0049; user may lock out unauthorized users and add other users as needed, paragraph 0050) to increase security and prevent unauthorized users from using the device (paragraph 0015).
Therefore, 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 have a security module of some kind, as taught by Frija, to increase security and prevent unauthorized users from using the device (Frija: paragraph 0015). The addition of the security module allows for the user to lock or unlock the device depending on who uses the device. This ensures that the device is used only by the owner and any authorized user that the owner chooses. This promotes security and helps to prevent children from using the device.
Regarding Claim 12, Alarcon-Smith-Stevens combination teaches the claimed invention of Claim 11. Alarcon-Smith-Stevens combination fails to teach the dispensing device further comprises a security module to authorize the user and ensure that the dosage is administered to the authorized user.
However, Frija, of the same field of endeavor, teaches a hand-held personal vaporizer (Abstract) including the dispensing device further comprises a security module to authorize the user and ensure that the dosage is administered to the authorized user (vaporizer includes a fingerprint scanner configured to scan a fingerprint, locking module configured to securely lock vaporize from use if authorized fingerprint is not detected, Abstract; control module restricts or modifies operation of vaporizer unless valid fingerprint is scanned, paragraph 0046; finger print scan module and/or mechanism to allow locking or unlocking of vaporizer, by identifying and/or authenticating the user, paragraph 0049; user may lock out unauthorized users and add other users as needed, paragraph 0050) to increase security and prevent unauthorized users from using the device (paragraph 0015).
Therefore, 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 have a security module of some kind, as taught by Frija, to increase security and prevent unauthorized users from using the device (Frija: paragraph 0015). The addition of the security module allows for the user to lock or unlock the device depending on who uses the device. This ensures that the device is used only by the owner and any authorized user that the owner chooses. This promotes security and helps to prevent children from using the device.
Regarding Claim 14, Alarcon-Smith-Stevens-Frija combination teaches the management system is configured to receive feedback from the dispensing device on use of the dispensing device (Alarcon: user characteristic data useful to health care providers for purposes of clinical monitoring 330, doctor can collect data about how much or how often a patient is smoking as part of cessation plan, providers may also be interested in monitoring amount of nicotine used in ESD 100, smart phone app can be configured to provide feedback, paragraph 0073).
Regarding Claim 15, Alarcon-Smith-Stevens-Frija combination teaches the security module comprises one or more of the following: a fingerprint reader (Frija: vaporizer includes a fingerprint scanner configured to scan a fingerprint, locking module configured to securely lock vaporize from use if authorized fingerprint is not detected, Abstract), a biometric scanner (Frija: vaporizer includes a fingerprint scanner configured to scan a fingerprint, locking module configured to securely lock vaporize from use if authorized fingerprint is not detected, Abstract; a fingerprint reader is a type of biometric scanner), a camera (Frija: there is also a smartphone/tablet application that a user may download that includes account management software/tools/modules and allows them to create an account that is linked to the unique identifier of the hand-held personal vaporizer, application may include a fingerprint scanning module that uses the camera or an attached/coupled peripheral device to do a biometric scan, paragraph 0055), or a communication link with a trusted mobile device (Frija: there is also a smartphone/tablet application that a user may download that includes account management software/tools/modules and allows them to create an account that is linked to the unique identifier of the hand-held personal vaporizer, application may include a fingerprint scanning module that uses the camera or an attached/coupled peripheral device to do a biometric scan, paragraph 0055; the trusted mobile device is the user’s smartphone or tablet connected to the vaporizer).
Regarding Claim 16, Alarcon-Smith-Stevens-Frija combination teaches the dispensing device is configured to maintain activity logs to identify one or more of the following: a date and time substance is dispensed and a dosage of the substance dispensed (Alarcon: smart phone app can be used to collect data about user characteristics like when and where they smoke, how often they smoke, what times of day they smoke, paragraph 0073; usage data to monitor how much she or he smokes and check whether she or he has been smoking less or more for a period time, paragraph 0066; Fig 9J shows the number of puffs per day; usage tracker screen, can display number of puffs a user takes per day, per week, per month, or per year, paragraph 0081; Fig 9E shows tracker screen 926, indicate remaining levels of user’s cartomizer, paragraph 0076; memory may further include usage information like smoking liquid level, how many containers have been consumed, amount of nicotine consumed, paragraph 0063).
Regarding Claim 18, Alarcon-Smith-Stevens-Frija combination teaches the one or more processors are configured to determine a remaining quantity of the one or more substances of the one or more cartridges and to monitor a consumption rate of the one or more substances via vaporization (Alarcon: 180 may store data collected by 170 such as usage data, paragraph 0047; 136 may send usage data to the pack 200, computer 320, and/or the like, paragraph 0043; 212 may include usage information like smoke liquid level in container 140, how many containers 140 have been consumed, amount of nicotine consumed, paragraph 0063; packs 200B may send usage data to healthcare service provider, may track and analyze nicotine consumption by user, usage data used to monitor how much she or he smokes and check whether she or he has been smoking less or more for a period time, paragraph 0066).
Regarding Claim 19, Alarcon-Smith-Stevens-Frija combination teaches the one or more processors are configured to communicate one of the quantity or the consumption rate to the system via the communications module (Alarcon: 180 may store data collected by 170 such as usage data, paragraph 0047; 136 may send usage data to the pack 200, computer 320, and/or the like, paragraph 0043; 212 may include usage information like smoke liquid level in container 140, how many containers 140 have been consumed, amount of nicotine consumed, paragraph 0063; packs 200B may send usage data to healthcare service provider, may track and analyze nicotine consumption by user, usage data used to monitor how much she or he smokes and check whether she or he has been smoking less or more for a period time, paragraph 0066).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Alarcon et al. (US 2015/0327596 A1), Smith et al. (US 2016/0089508 A1), Stevens et al. (US 2015/0136158 A1), and Frija (US 2015/0122252 A1) as applied to Claim 12, in further view of Wensley et al. (US 2014/0190496).
Regarding Claim 17, Alarcon-Smith-Stevens-Frija combination teaches the claimed invention of Claim 12. Alarcon-Smith-Stevens-Frija combination fails to teach the one more substances comprises one or more of the following: cannabis, caffeine, panax ginseng, gingko biloba, bitter orange, cola-nut, guarana, natrum carbonicum, green tea, cocoa extract, and yerba mate.
However, Wensley, of the same field of endeavor, teaches a condensation aerosol generating device (paragraph 0008) including the one more substances comprises one or more of the following: cannabis (antiemetic includes cannabis, paragraph 0244; an herb can be cannabis, paragraph 0295), caffeine (antidepressant can be caffeine, paragraph 0241), panax ginseng (herb supplement can be panax ginseng, paragraph 0295), gingko biloba (dietary supplement can be ginkgo, paragraph 0265; a herb can be ginkgo biloba, paragraph 0295), bitter orange (a dietary supplement can be bitter orange, paragraph 0265), green tea (a dietary supplement can be green tea, paragraph 0265) since these are known substances used in vaporization devices.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the listed substances above in the device for vaporization, as taught by Wensley, since these are known substances used in vaporization devices.
Claims 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon et al. (US 2015/0327596 A1), Smith et al. (US 2016/0089508 A1), Stevens et al. (US 2015/0136158 A1), and Frija (US 2015/0122252 A1) as applied to Claim 12, in further view of Xie (English Machine Translation of CN 103960785A provided by Espacenet, 2014).
Regarding Claim 20, Alarcon-Smith-Stevens-Frija combination teaches the claimed invention of Claim 12. Alarcon-Smith-Stevens-Frija combination also teaches container 140 may be a single container or a group of containers that are connected to or separated from each other (Alarcon: paragraph 0035).
Alarcon-Smith-Stevens-Frija combination fails to teach the one or more cartridges comprises a plurality of chambers.
However, Xie, of the same field of endeavor, teaches a multi-smoke oil bottle atomizer (Description) including the one or more cartridges comprises a plurality of chambers (4 has multiple chambers involved, Fig 1; there are four e-liquid bottles, each of which contains different flavors of e-liquid, paragraph 0021; rotatable e-liquid switch assembly has several independent e-liquid bottles, paragraph 0009; one flavor can be changed every 90 degrees of rotation, paragraph 0012; there are four e-liquid bottles, each of which contains different flavors of e-liquid, paragraph 0021) to allow for different flavors to be present (paragraph 0021) and provide a way to inhale a multi-flavored e-liquid (paragraph 0007).
Therefore, 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 container to have multiple chambers and to modify the container to allow rotation of these chambers for selection, as taught by Xie, to allow for different flavors to be present (Xie: paragraph 0021) and provide a way to inhale a multi-flavored e-liquid (Xie: paragraph 0007). This improvement introduces more varieties of flavors that cannot be achieved with just a single flavor and allows the user to explore more flavors that might suit their taste buds more.
Regarding Claim 21, Alarcon-Smith-Stevens-Frija-Xie combination teaches the apparatus is further configured to position a chamber of the plurality of chambers into communication with the heating element for vaporization (Xie: rotatable e-liquid switch assembly has several independent e-liquid bottles, paragraph 0009; one flavor can be changed every 90 degrees of rotation, paragraph 0012; there are four e-liquid bottles, each of which contains different flavors of e-liquid, paragraph 0021; the selection of 4 and release of e-liquid are performed by rotation of e-liquid switching assembly, paragraph 0021; 8 is the atomization core where selected e-liquid is atomized, Fig 1).
Alarcon-Smith-Stevens-Frija-Xie combination fails to teach position a chamber via the one or more actuators.
However, it would be obvious for one of ordinary skill in the art before the effective filing date of the invention to convert the manual switchable member to be an automated actuator since it has been found that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art. See MPEP 2144.04, Section III. This change would be an obvious modification and would provide additional benefits by not requiring the user to rotate among different flavors.
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.
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/BRIAN T KHONG/Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785