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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The term “suction device” of claim(s) 2, 12 and 22 invoke 112(f). The specification cites “FIG. 9 illustrates a suction device 410G in the form of a fan pulling the atomized fluid 409 into an inhalation tube 410B (see [00031]).” For examination purposes, as best understood, the term “suction device” refers to a fan or any device that can pull/perform a suction.
The term “inhalation member” of claim(s) 4, 14 and 24 invoke 112(f). The specification cites “Types of devices that may be used as an inhalation member 410C include, but are not limited to, pipes, mouthpieces, and masks (see [00037]).” For examination purposes, as best understood, the term “inhalation member” refers to pipes, mouthpieces, or masks.
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) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived 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.
Claim(s) 1, 5-8, 11, 15-18 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galbraith (US 20190175856 A1) in view of Abate (US 20020112720 A1) and Blackley (US 20160363332 A1).
Regarding claim 1, Galbraith teaches a system for dispensing fluid (Galbraith teaches a removable module 149, manifold 113, a compressor 102 and an electronic circuitry as seen in Fig. 12 and [0158]-[0163] and [0166], where fluid is dispensed from exhaust port 123 as seen in Fig. 12) comprising,
a distributer (Fig. 12 shows a removable module 149, manifold 113 and fresh air 120 from a compressor 102 as seen in [0158]-[0163]) having a casing (housing 101 and product end block 159, see Fig. 12), at least one cartridge (cartridge 118, see Fig. 12), manifold (Fig. 12 shows a manifold 113 with a solid body 155 having a passageway for transporting fluid 154 as seen in [0162]), and air supply (fresh air 120 coming from a compressor 102 as seen in Fig. 12 and [0162]),
wherein said at least one cartridge and manifold are contained within said casing (when manifold 113 is attached to cartridge 118, the manifold 113 is contained within cartridge 118 which is contained within said housing 101 and product end block 159 as seen in Fig. 12 and [0162]),
wherein air pushed through said manifold and into said at least one cartridge by said air supply (Galbraith teaches fresh air 120 from a compressor 102 to the passageway for transporting fluid 154 to a first connection 120 as seen in Fig. 12 and [0162]. Galbraith further teaches housing 101 with a feed end 101A where compressed fresh air is received into the removable module/cartridge118 from the manifold 113 through input port 116 as seen in Fig. 12 and [0163]),
wherein said fluid is propelled out of said at least one cartridge through an outlet port (output port 117, see Figs. 12-13) (Galbraith teaches housing 101 with a product end 101B where fluid flows through the cartridge out through output port 117 as seen in Figs. 12-13 and [0163]),
wherein said fluid is propelled out of said casing through a vent (exhaust port 123, see Fig. 12) (fluid leaves through exhaust port 123 as seen in Fig. 12 and [0162]),
a computing device operably connected to said distributer (Galbraith teaches a software application on a user’s phone to communicate with the system as seen in [0176]),
wherein said computing device allows a user to control said distributer (Galbraith teaches the remote user interface to remotely program the oxygen concentrator as seen in [0176]),
an electronic circuit operably connected to said computing device and said distributer (Galbraith teaches an electronic circuitry which drives the compressor, removable module and valve as seen in [0166], wherein the remote user interface communicates with the system including the electronic circuitry as seen in [0176]).
And further teaches the system to comprise a receptable for user-replaceable therapeutic cartridge (see [0139]-[0141]) such that the therapeutic cartridge can comprise of vaporizable or atomizable fluids, including, but not limited to antibiotics, antiallergic agents, bronchodilators, antihistamines, decongestants, inhaled corticosteroids, and the like (see [0142]).
but does not teach a fluid,
wherein said fluid has at least one of a physiological and psychological effect on a user,
wherein said at least one cartridge contains said fluid within an internal reservoir,
wherein air pushed through said manifold and into said at least one cartridge by said air supply collides with said fluid to create atomized fluid
wherein said fluid is propelled out of said casing through a vent of said casing.
a processor operably connected to said computing device and said distributer
However, Abate teaches a fluid (liquid medication 15, see Fig. 2),
wherein said at least one cartridge (chamber 14, air tube 16, nebulizing nozzle 18, annular tube 20, and passage vent 26 see Fig. 2) contains said fluid within an internal reservoir (chamber 14, see Fig. 2) (chamber 15 contains liquid medications 15 as seen in Fig. 2 and [0013]),
wherein air pushed into said at least one cartridge by collides with said fluid to create atomized fluid (“The medication 15 is sucked up by the Venturi effect created by the inflow of air through the tube 16. The air is drawn towards the upper part of the nozzle 18 and reaches the orifices where the air and medication come together and are broken down finely by the obstacle represented by the baffle. This system allows maximum nebulising efficiency and therefore effective use of the medication.” See [0018] and Fig. 2),
wherein said fluid is propelled out of said cartridge through a vent (opening 21, see Fig. 2) of said cartridge (annular tube 20 allowed the nebulized medication to rise from the nozzle 18 to opening 21 through passage 26 as seen in Fig. 2 and [0015] and [0019]).
Galbraith envisions including a replaceable therapeutic cartridge with atomizable fluid (see [0139]-[0141]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Galbraith to include the cartridge taught by Abate to have a therapeutic cartridge with an atomizable medication (see [0013]).
However, Blackley teaches a system for dispending fluid (system 1500, see Fig. 15; system 1500 distributes vapor as seen in [0152]) comprising:
a fluid (Blackley teaches vaporizable material to comprise of aromatic elements including mint as seen in [0088]),
wherein said fluid has at least one of a physiological and psychological effect on a user (mint has both a physiological and psychological effect on the user as it is a known aromatic element which can be medicinal, recreational and/or wellness related as seen in [0088]),
a distributer (air pump 1504, valve 1510 and vaporizer 1550 see Figs. 15-16) having at least one cartridge (disposable cartridges 1557, 1558, and 1559, see Fig. 16) and air supply (Blackley teaches an air pump 1504 (see [0152]) and valve 1510 (see [0155])), such that air pump 1504 and valve 1510 work to exhaust air into vaporizer 1550 as seen in Fig. 15. This is further seen in Fig. 16 by the air input),
wherein said at least one cartridge contains said fluid within an internal reservoir (each of the disposable cartridges 1557, 1558, and 1559 contains vaporizable material such as liquids 1560, 1561, and 1562 within an internal reservoir as seen in Fig. 16 and [0170]),
wherein air from the air supply collides with said fluid to create atomized fluid (vaporized liquids 1560, 1561, and 1562 are dispensed into the mixing chamber 1564a through vaporizer 1566a, 1568a and 1570a, wherein the air input mixes with the vaporized liquids within the mixing chamber as seen in Fig. 16 and [0170]).
wherein said fluid is propelled out of said casing through a vent of said casing (output 1572a-c, see Fig. 16) (“Liquids 1560, 1561, and 1562 may be dispensed as vapors from output 1572a-c into an output airstream of an HVAC system, aerosolized under pressure, dispersed as a solid powder, evaporated, sublimed, or otherwise conveyed into the mixing chambers 1564a-c.” See [0170]).
a computing device operably connected to said distributer (Blackley teaches a smartphone 128, or tablet computer to be wirelessly coupled to transceiver 1520 of system 1500 as seen in Fig. 15 and [0168]),
wherein said computing device allows a user to control said distributer, and a processor (processor 1518, see Fig. 15) operably connected to said computing device and said distributer (“The ancillary device 1528 may be coupled to the processor 1518 for providing user control input to a gas measurement or vaporizer control process operated executing on the processor 1518.” See [0168] and Fig. 15).
Blackley further teaches the vaporizer to deploy and/or mix oxygen which can be delivered in one or more replaceable cartridges as seen in [0103]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Galbraith in view of Abate to use mint as the fluid as taught by Blackley for an aromatic element that can be medicinal, recreational, and/or wellness related (see [0088]).
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Galbraith in view of Abate to replace the electronic circuit with a processor as taught by Blackley as a known alternative electronic component for controlling other components such as valves (see [0155]) and air supply (see [0156]). Additionally, it would be obvious for modified Galbraith to include a vent within the casing as taught by Blackley for the vapor output that is separate from the exhaust port 123 of Galbraith which is for gas.
Regarding claim 5, modified Galbraith teaches the system of claim 1, and further teaches wherein said air supply pushes air through airways of said manifold and into a duct of said at least one cartridge, wherein a chokepoint of said duct (orifice 17, see Fig. 2 of Abate) causes said air to become a stream of fast-moving air, wherein said stream of fast-moving air collides with said fluid to create said atomized fluid (Modified Galbraith teaches compressor 102 (of Galbraith) pushing air through manifold 113 (of Galbraith) into tube 16 of Abate. Abate further teaches when air is drawn towards the upper part of nozzle 18 and reaches orifice 17, the air and medication come together and are broken down finely by the obstacle represented by the baffle as seen in Fig. 2 and [0015] and [0018], wherein the medication 15 is sucked up by the venturi effect of the inflow of air through tube 16 as seen in [0018]. This is similar to applicant’s invention which recites “…this chokepoint results in a venturi effect, which causes a zone of lower pressure that can be used to move fluid 407 into the stream of fast-moving air 408 also created by the chokepoint (see [00036]).”).
Regarding claim 6, modified Galbraith teaches the system of claim 5, and Abate further teaches wherein said stream of fast-moving air creates a zone of lower pressure over a vacuum channel connecting said internal reservoir to said duct (Abate teaches when air is drawn towards the upper part of nozzle 18 and reaches orifice 17, the air and medication come together and are broken down finely by the obstacle represented by the baffle as seen in Fig. 2 and [0015] and [0018], wherein the medication 15 is sucked up by the venturi effect of the inflow of air through tube 16 as seen in [0018]. This is similar to applicant’s invention which recites “…this chokepoint results in a venturi effect, which causes a zone of lower pressure that can be used to move fluid 407 into the stream of fast-moving air 408 also created by the chokepoint (see [00036])”).
Regarding claim 7, modified Galbraith teaches the system of claim 1, and Galbraith further teaches further comprising a user interface of said computing device (Galbraith teaches a software application on a user’s phone that can communicate with the system to allow for a remote user interface that can remotely program the device as seen in [0176]).
But does not teach wherein said user interface allows a user to input instructions that allow said user to create an effects profile, wherein said effects profile specifies an amount of fluid contained within said atomized fluid.
However, Blackley further teaches wherein said user interface allows a user to input instructions that allow said user to create an effects profile, wherein said effects profile specifies an amount of fluid contained within said atomized fluid (Blackley teaches a mobile computing device 1528 with a touchscreen 1530 for displaying output and user input as seen in [0154]. Blackley further teaches a series of user interfaces that can be provided via display in Fig. 11, such that a user can choose a Mix option (taken as effects profile) shown in 1100b as seen in [0108]. After a user selects the mix option, the user can use a slider that adjusts the percentage of each type of vaporizable material and save the mix combination as seen in Fig. 11 and [0108]-[0110]. Mobile computing device 1528 is connected to processor 1518 and apparatus 1502 as seen in Fig. 15 and [0154], wherein apparatus 1502 comprises a non-transitory computer-readable medium holding program instructions which is executed by processor 1518 as seen in [0163]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by modified Galbraith to replace the phone with the mobile computing device and computer-readable medium as taught by Blackley to allow users to select and customize the gas mixture (see [0108]-[0110]).
Regarding claim 8, modified Galbraith teaches the system of claim 7, and further teaches further comprising a non-transitory computer-readable medium coupled to said processor (Modified Galbraith teaches a computer-readable medium holding program instructions which is executed by processor 1518 as taught by Blackley as seen in [0163]), wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations (see [0163]) comprising:
receiving said effects profile from said computing device (Blackley teaches the computer-readable medium would receive instructions from the mobile computing device 1528 (see [0154]) regarding the Mix option through the user interface (see [0108]-[0110])),
choosing said at least one cartridge from a plurality of cartridges secured to said manifold based on said effects profile (Blackley teaches the computer-readable medium would receive instructions from the mobile computing device 1528 (see [0154]) regarding the Mix option through the user interface (see [0108]-[0110]). Blackley further teaches the processor to cause the withdrawal of the first amount of the first compound from a first container and the second amount of the second compound from a second container as seen in [0089]),
causing said air supply to provide said air to said manifold (modified Galbraith teaches processor 1518 of Blackley to control compressor 102 to supply air (see [0166] of Galbraith) to manifold 113 of Galbraith),
wherein an amount of air directed into said at least one cartridge via said manifold correlates to said amount of fluid contained within said atomized fluid and emitted from said at least one cartridge (the amount of air directed into at least one cartridge correlates to the amount of fluid within said atomized fluid and emitted since Abate teaches the medication 15 to be sucked up by the Venturi effect created by the inflow of air through the tube 16 (see [0018])), and
stopping said air provided to said manifold when said amount of fluid is obtained (Modified Galbraith teaches the processor to control compressor 102 of Galbraith. Blackley also teaches the processor to determine a target dose of the compound/vaporizable material and a vaporization ratio of the first vaporizable material and second vaporizable material based on the target dose as seen in [0089] and [0090]. Wherein, the processor further determines that a cumulative dose is approaching the target dose and reduces the vaporization ratio as seen in [0090]. As such, the compressor 102 will stop providing air when the target dose is reached).
Regarding claim 11, Galbraith teaches a system for dispensing fluid (Galbraith teaches a removable module 149, manifold 113, a compressor 102 and an electronic circuitry as seen in Fig. 12 and [0158]-[0163] and [0166], where fluid is dispensed from exhaust port 123 as seen in Fig. 12) comprising,
a distributer (Fig. 12 shows a removable module 149, manifold 113 and fresh air 120 from a compressor 102 as seen in [0158]-[0163]) having a casing (housing 101 and product end block 159, see Fig. 12), first cartridge (cartridge 118 (left), see Fig. 12), second cartridge (cartridge 118 (right), see Fig. 12), manifold (Fig. 12 shows a manifold 113 with a solid body 155 having a passageway for transporting fluid 154 as seen in [0162]), and air supply (fresh air 120 coming from a compressor 102 as seen in Fig. 12 and [0162]),
wherein said first cartridge, second cartridge, and manifold are contained within said casing (when manifold 113 is attached to cartridges 118, the manifold 113 is contained within cartridges 118 which is contained within said housing 101 and product end block 159 as seen in Fig. 12 and [0162]),
wherein said first cartridge and said second cartridge are removably secured to said manifold (Galbraith teaches the removable module 149 to comprise of two cartridges 118 a seen in [0159] and [0144] and Fig. 12. Therefore, the cartridges 118 are removably secured to manifold 113),
wherein said first fluid is propelled out of said first cartridge and said second fluid is propelled out of said second cartridge via an outlet port (output port 117, see Figs. 12-13) (Galbraith teaches housing 101 with a product end 101B where fluid flows through the cartridges 118 out through output port 117 as seen in Figs. 12-13 and [0163]),
a computing device operably connected to said distributer (Galbraith teaches a software application on a user’s phone to communicate with the system as seen in [0176]),
wherein said computing device allows a user to control said distributer (Galbraith teaches the remote user interface to remotely program the oxygen concentrator as seen in [0176])
an electronic circuit operably connected to said computing device and said distributer (Galbraith teaches an electronic circuitry which drives the compressor, removable module and valve as seen in [0166], wherein the remote user interface communicates with the system including the electronic circuitry as seen in [0176]).
And further teaches the system to comprise a receptable for user-replaceable therapeutic cartridge (see [0139]-[0141]) such that the therapeutic cartridge can comprise of vaporizable or atomizable fluids, including, but not limited to antibiotics, antiallergic agents, bronchodilators, antihistamines, decongestants, inhaled corticosteroids, and the like (see [0142]) and teaches an electronic circuitry which drives the compressor, removable module and valve as seen in [0166].
but does not teach first cartridge containing a first fluid and second cartridge containing a second fluid,
wherein said first fluid and said second fluid have at least one of a physiological and psychological effect on a user,
wherein air pushed by said air supply through said manifold and into said first cartridge and said second cartridge collides with said fluid and said second fluid to create a first atomized fluid and a second atomized fluid,
wherein said first atomized fluid and said second atomized fluid are combined to create a mixed atomized fluid,
a processor operably connected to said computing device and said distributer.
However, Abate teaches a fluid (liquid medication 15, see Fig. 2),
wherein said at least one cartridge (chamber 14, air tube 16, nebulizing nozzle 18, annular tube 20, and passage vent 26 see Fig. 2) contains said fluid within an internal reservoir (chamber 14, see Fig. 2) (chamber 15 contains liquid medications 15 as seen in Fig. 2 and [0013]),
wherein air pushed into said at least one cartridge by collides with said fluid to create atomized fluid (“The medication 15 is sucked up by the Venturi effect created by the inflow of air through the tube 16. The air is drawn towards the upper part of the nozzle 18 and reaches the orifices where the air and medication come together and are broken down finely by the obstacle represented by the baffle. This system allows maximum nebulising efficiency and therefore effective use of the medication.” See [0018] and Fig. 2),
wherein said fluid is propelled out of said cartridge through a vent (opening 21, see Fig. 2) of said cartridge (annular tube 20 allowed the nebulized medication to rise from the nozzle 18 to opening 21 through passage 26 as seen in Fig. 2 and [0015] and [0019]).
Galbraith envisions including a replaceable therapeutic cartridge with atomizable fluid (see [0139]-[0141]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Galbraith to include the cartridge taught by Abate to have a therapeutic cartridge with an atomizable medication (see [0013]).
However, Blackley teaches a system for dispending fluid (system 1500, see Fig. 15; system 1500 distributes vapor as seen in [0152]) comprising:
a distributer (air pump 1504, valve 1510 and vaporizer 1550 see Figs. 15-16) having at a first cartridge containing a first fluid, second cartridge containing a second fluid (system 1500 teaches a vaporizer 1550, further shown in Fig. 16, to include disposable cartridges 1557 and 1558 which each includes a vaporizable material as seen in [0170]. Blackley further teaches the vaporizable material to comprise of aromatic elements including mint as seen in [0088] or Tetrahydrocannabinol (THC), Cannabidiol (CBD), cannabinol (CBN), combinations thereof as seen in [0058]. As such, disposable cartridge 1557 can contain mint and disposable cartridge 1558 can contain Cannabidiol), and air supply (Blackley teaches an air pump 1504 (see [0152]) and valve 1510 (see [0155])), such that air pump 1504 and valve 1510 work to exhaust air into vaporizer 1550 as seen in Fig. 15. This is further seen in Fig. 16 by the air input),
wherein said first fluid and said second fluid have at least one of a physiological and psychological effect on a user (Applicant’s specification teaches a system to deliver specifically formulated cannabinoids as seen in [0007] and similarly Blackley teaches Cannabidiol (CBD) which is a type of cannabinoid. Furthermore, mint has both a physiological and psychological effect on the user as it is a known aromatic element which can be medicinal, recreational and/or wellness related as seen in [0088]),
wherein said first atomized fluid and said second atomized fluid are combined to create a mixed atomized fluid (Blackley teaches a mixing chamber 1564a where the first atomized fluid and second atomized fluid are mixed after leaving cartridges 1557 and 1558 and containers 1553 and 1554 respectively as seen in Fig. 16 and [0170]),
a computing device operably connected to said distributer (Blackley teaches a smartphone 128, or tablet computer to be wirelessly coupled to transceiver 1520 of system 1500 as seen in Fig. 15 and [0168]),
wherein said computing device allows a user to control said distributer, and a processor (processor 1518, see Fig. 15) operably connected to said computing device and said distributer (“The ancillary device 1528 may be coupled to the processor 1518 for providing user control input to a gas measurement or vaporizer control process operated executing on the processor 1518.” See [0168] and Fig. 15).
Blackley further teaches the vaporizer to deploy and/or mix oxygen which can be delivered in one or more replaceable cartridges as seen in [0103]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Galbraith in view of Abate to include a mixing chamber and a second cartridge with atomizable fluid, wherein the atomizable fluid within the first cartridge is mint and the atomizable fluid within the second cartridge is Cannabidiol as taught by Blackley to mix known vaporizable materials within the art according to a user’s preference that can also be medicinal, recreational, and/or wellness related (see [0002] and [0088]).
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Galbraith in view of Abate to replace the electronic circuit with a processor as taught by Blackley as a known alternative electronic component for controlling other components such as valves (see [0155]) and air supply (see [0156]).
Regarding claim 15, modified Galbraith teaches the system of claim 11, and further teaches wherein said air supply pushes air through airways of said manifold and into a first duct of said first cartridge and a second duct of said second cartridge, wherein a chokepoint of said first duct and said second duct (orifice 17, see Fig. 2 of Abate) causes said air to become a first stream of fast- moving air and a second stream of fast moving air, wherein said first stream of fast-moving air and said second stream of fast-moving air collide with said first fluid and said second fluid to create said first atomized fluid and said second atomized fluid (Modified Galbraith teaches compressor 102 (of Galbraith) pushing air through manifold 113 (of Galbraith) into tube 16 of Abate of both cartridges. Abate further teaches when air is drawn towards the upper part of nozzle 18 and reaches orifice 17, the air and medication come together and are broken down finely by the obstacle represented by the baffle as seen in Fig. 2 and [0015] and [0018], wherein the medication 15 is sucked up by the venturi effect of the inflow of air through tube 16 as seen in [0018]. This is similar to applicant’s invention which recites “…this chokepoint results in a venturi effect, which causes a zone of lower pressure that can be used to move fluid 407 into the stream of fast-moving air 408 also created by the chokepoint (see [00036]).”).
Regarding claim 16, modified Galbraith teaches the system of claim 15, and further teaches wherein said first stream of fast-moving air creates a zone of lower pressure within said first duct, wherein said second stream of fast-moving air creates said zone of lower pressure within said second duct (Abate teaches when air is drawn towards the upper part of nozzle 18 and reaches orifice 17, the air and medication come together and are broken down finely by the obstacle represented by the baffle as seen in Fig. 2 and [0015] and [0018], wherein the medication 15 is sucked up by the venturi effect of the inflow of air through tube 16 as seen in [0018]. This is similar to applicant’s invention which recites “…this chokepoint results in a venturi effect, which causes a zone of lower pressure that can be used to move fluid 407 into the stream of fast-moving air 408 also created by the chokepoint (see [00036]).” The above venturi effect will occur within both cartridges as they hold the same structure but have a different liquid).
Regarding claim 17, modified Galbraith teaches the system of claim 11, and Galbraith further teaches further comprising a user interface of said computing device (Galbraith teaches a software application on a user’s phone that can communicate with the system to allow for a remote user interface that can remotely program the device as seen in [0176])
But does not teach wherein said user interface allows said user to input instructions that allow said user to create an effects profile, wherein said effects profile specifies an amount of first fluid and an amount of second fluid contained within said mixed atomized fluid.
However, Blackley further teaches wherein said user interface allows a user to input instructions that allow said user to create an effects profile, wherein said effects profile specifies an amount of fluid contained within said atomized fluid (Blackley teaches a mobile computing device 1528 with a touchscreen 1530 for displaying output and user input as seen in [0154]. Blackley further teaches a series of user interfaces that can be provided via display in Fig. 11, such that a user can choose a Mix option (taken as effects profile) shown in 1100b as seen in [0108]. After a user selects the mix option, the user can use a slider that adjusts the percentage of each type of vaporizable material and save the mix combination as seen in Fig. 11 and [0108]-[0110]. Mobile computing device 1528 is connected to processor 1518 and apparatus 1502 as seen in Fig. 15 and [0154], wherein apparatus 1502 comprises a non-transitory computer-readable medium holding program instructions which is executed by processor 1518 as seen in [0163]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by modified Galbraith to replace the phone with the mobile computing device and computer-readable medium as taught by Blackley to allow users to select and customize the gas mixture (see [0108]-[0110]).
Regarding claim 18, modified Galbraith teaches the system of claim 17, and further teaches further comprising a non-transitory computer-readable medium coupled to said processor (Modified Galbraith teaches a computer-readable medium holding program instructions which is executed by processor 1518 as taught by Blackley as seen in [0163]), wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations (see [0163]) comprising:
receiving said effects profile from said computing device (Blackley teaches the computer-readable medium would receive instructions from the mobile computing device 1528 (see [0154]) regarding the Mix option through the user interface (see [0108]-[0110])),
choosing said first cartridge from a plurality of cartridges based on said effects profile,
choosing said second cartridge from said plurality of cartridges based on said effects profile (Blackley teaches the computer-readable medium would receive instructions from the mobile computing device 1528 (see [0154]) regarding the Mix option through the user interface (see [0108]-[0110]). Blackley further teaches the processor to cause the withdrawal of the first amount of the first compound from a first container and the second amount of the second compound from a second container as seen in [0089]),
causing said air supply to provide said air to said manifold (modified Galbraith teaches processor 1518 of Blackley to control compressor 102 to supply air (see [0166] of Galbraith) to manifold 113 of Galbraith),
wherein an amount of air directed into said first cartridge via said manifold correlates to said amount of first fluid contained within said mixed atomized fluid and emitted from said first cartridge (the amount of air directed into at least one cartridge correlates to the amount of fluid within said atomized fluid and emitted since Abate teaches the medication 15 to be sucked up by the Venturi effect created by the inflow of air through the tube 16 (see [0018])), and
wherein said amount of air directed into said second cartridge via said manifold correlates to said amount of second fluid contained within said mixed atomized fluid and emitted from said second cartridge (the amount of air directed into at least one cartridge correlates to the amount of fluid within said atomized fluid and emitted since Abate teaches the medication 15 to be sucked up by the Venturi effect created by the inflow of air through the tube 16 (see [0018])), and
stopping said air provided to said manifold when said mixed atomized fluid is obtained (Modified Galbraith teaches the processor to control compressor 102 of Galbraith. Blackley also teaches the processor to determine a target dose of the compound/vaporizable material and a vaporization ratio of the first vaporizable material and second vaporizable material based on the target dose as seen in [0089] and [0090]. Wherein, the processor further determines that a cumulative dose is approaching the target dose and reduces the vaporization ratio as seen in [0090]. As such, the compressor 102 will stop providing air when the target dose is reached).
Regarding claim 21, Galbraith teaches a system for dispensing fluid (Galbraith teaches a removable module 149, manifold 113, a compressor 102 and an electronic circuitry as seen in Fig. 12 and [0158]-[0163] and [0166], where fluid is dispensed from exhaust port 123 as seen in Fig. 12) comprising,
a distributer (Fig. 12 shows a removable module 149, manifold 113 and fresh air 120 from a compressor 102 as seen in [0158]-[0163]) having a casing (housing 101 and product end block 159, see Fig. 12), plurality of cartridges (cartridges 118, see Fig. 12; there are two cartridges 118 as seen in Fig. 12 and [0159]), manifold (Fig. 12 shows a manifold 113 with a solid body 155 having a passageway for transporting fluid 154 as seen in [0162]), and air supply (fresh air 120 coming from a compressor 102 as seen in Fig. 12 and [0162]),
wherein said plurality of cartridges and said manifold are contained within said casing (when manifold 113 is attached to cartridges 118, the manifold 113 is contained within cartridges 118 which is contained within said housing 101 and product end block 159 as seen in Fig. 12 and [0162]),
a computing device operably connected to said distributer (Galbraith teaches a software application on a user’s phone to communicate with the system as seen in [0176]) and having a user interface (Galbraith teaches a software application on a user’s phone that can communicate with the system to allow for a remote user interface that can remotely program the device as seen in [0176]),
an electronic circuit operably connected to said computing device and said distributer (Galbraith teaches an electronic circuitry which drives the compressor, removable module and valve as seen in [0166], wherein the remote user interface communicates with the system including the electronic circuitry as seen in [0176])
And further teaches the system to comprise a receptable for user-replaceable therapeutic cartridge (see [0139]-[0141]) such that the therapeutic cartridge can comprise of vaporizable or atomizable fluids, including, but not limited to antibiotics, antiallergic agents, bronchodilators, antihistamines, decongestants, inhaled corticosteroids, and the like (see [0142]). Galbraith further teaches an electronic circuitry which drives the compressor, removable module and valve as seen in [0166].
But does not teach wherein each cartridge of said plurality of cartridges contains a chemically distinct fluid,
wherein said chemically distinct fluid has at least one of a physiological and psychological effect on a user,
wherein air pushed by said air supply through said manifold and into said plurality of cartridges collides with said chemically distinct fluid contained within said plurality of cartridges to create a plurality of atomized fluids,
wherein said plurality of atomized fluids are combined within said casing to create a mixed atomized fluid,
wherein said user interface allows a user to input instructions that create an effects profile, wherein said effects profile specifies which cartridges of said plurality of cartridges are used to create said mixed atomized fluid,
a processor operably connected to said computing device and said distributer
a non-transitory computer-readable medium coupled to said processor, wherein said non- transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising:
receiving said effects profile from said computing device,
choosing said cartridge of said plurality of cartridges based on said effects profile,
causing said air supply to provide said air to said manifold and into said cartridge of said plurality of cartridges used to create said mixed atomized fluid identified by said effects profile, and
stopping said air provided to said manifold when said mixed atomized fluid is obtained.
However, Abate teaches a fluid (liquid medication 15, see Fig. 2),
wherein said at least one cartridge (chamber 14, air tube 16, nebulizing nozzle 18, annular tube 20, and passage vent 26 see Fig. 2) contains said fluid within an internal reservoir (chamber 14, see Fig. 2) (chamber 15 contains liquid medications 15 as seen in Fig. 2 and [0013]),
wherein air pushed into said at least one cartridge by collides with said fluid to create atomized fluid (“The medication 15 is sucked up by the Venturi effect created by the inflow of air through the tube 16. The air is drawn towards the upper part of the nozzle 18 and reaches the orifices where the air and medication come together and are broken down finely by the obstacle represented by the baffle. This system allows maximum nebulising efficiency and therefore effective use of the medication.” See [0018] and Fig. 2),
wherein said fluid is propelled out of said cartridge through a vent (opening 21, see Fig. 2) of said cartridge (annular tube 20 allowed the nebulized medication to rise from the nozzle 18 to opening 21 through passage 26 as seen in Fig. 2 and [0015] and [0019]).
Galbraith envisions including a replaceable therapeutic cartridge with atomizable fluid (see [0139]-[0141]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Galbraith to include the cartridge taught by Abate to have a therapeutic cartridge with an atomizable medication (see [0013]).
However, Blackley teaches a system for dispending fluid (system 1500, see Fig. 15; system 1500 distributes vapor as seen in [0152]) comprising:
a distributer (air pump 1504, valve 1510 and vaporizer 1550 see Figs. 15-16) having a casing (system 1500 teaches a vaporizer 1550, further shown in Fig. 16, includes a casing around mixing chamber 1564a as shown in Fig. 16), a plurality of cartridges (system 1500 teaches a vaporizer 1550, further shown in Fig. 16, which includes disposable cartridges 1557 and 1558) and an air supply (Blackley teaches an air pump 1504 (see [0152]) and valve 1510 (see [0155])), such that air pump 1504 and valve 1510 work to exhaust air into vaporizer 1550 as seen in Fig. 15. This is further seen in Fig. 16 by the air input),
wherein each cartridge of said plurality of cartridges contains a chemically distinct fluid (Blackley teaches disposable cartridges 1557 and 1558 which each includes a vaporizable material as seen in [0170]. Blackley further teaches the vaporizable material to comprise of aromatic elements including mint as seen in [0088] or Tetrahydrocannabinol (THC), Cannabidiol (CBD), cannabinol (CBN), combinations thereof as seen in [0058]. As such, each cartridge can contain a chemically distinct fluid),
wherein said chemically distinct fluid has at least one of a physiological and psychological effect on a user (Applicant’s specification teaches a system to deliver specifically formulated cannabinoids as seen in [0007] and similarly Blackley teaches Cannabidiol (CBD) which is a type of cannabinoid. Furthermore, mint has both a physiological and psychological effect on the user as it is a known aromatic element which can be medicinal, recreational and/or wellness related as seen in [0088]),
wherein said plurality of atomized fluids are combined within said casing to create a mixed atomized fluid (Blackley teaches a mixing chamber 1564a within said casing where the first atomized fluid and second atomized fluid are mixed after leaving cartridges 1557 and 1558 and containers 1553 and 1554 respectively as seen in Fig. 16 and [0170]),
a computing device operably connected to said distributer (Blackley teaches a smartphone 128, or tablet computer to be wirelessly coupled to transceiver 1520 of system 1500 as seen in Fig. 15 and [0168]), and having a user interface (Blackley teaches a mobile computing device 1528 with a touchscreen 1530 for displaying output and user input as seen in [0154].)
wherein said user interface allows a user to input instructions that create an effects profile, wherein said effects profile specifies which cartridges of said plurality of cartridges are used to create said mixed atomized fluid (Blackley teaches a mobile computing device 1528 with a touchscreen 1530 for displaying output and user input as seen in [0154]. Blackley further teaches a series of user interfaces that can be provided via display in Fig. 11, such that a user can choose a Mix option (taken as effects profile) shown in 1100b as seen in [0108]. After a user selects the mix option, the user can use a slider that adjusts the percentage of each type of vaporizable material and save the mix combination as seen in Fig. 11 and [0108]-[0110]. Mobile computing device 1528 is connected to processor 1518 and apparatus 1502 as seen in Fig. 15 and [0154], wherein apparatus 1502 comprises a non-transitory computer-readable medium holding program instructions which is executed by processor 1518 as seen in [0163]).
a processor (processor 1518, see Fig. 15) operably connected to said computing device and said distributer (see [0154]),
a non-transitory computer-readable medium coupled to said processor, wherein said non- transitory computer-readable medium contains instructions stored thereon (apparatus 1502 comprises a non-transitory computer-readable medium holding program instructions which is executed by processor 1518 as seen in [0163])).
Blackley further teaches the vaporizer to deploy and/or mix oxygen which can be delivered in one or more replaceable cartridges as seen in [0103]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Galbraith in view of Abate to replace the electronic circuit with a processor as taught by Blackley as a known alternative electronic component for controlling other components such as valves (see [0155]) and air supply (see [0156]). Furthermore, it would have been obvious to replace the phone with the mobile computing device and computer-readable medium and include a mixing chamber, and a second cartridge with atomizable fluid, wherein the atomizable fluid within the first cartridge is mint and the atomizable fluid within the second cartridge is Cannabidiol as taught by Blackley to mix known vaporizable materials within the art according to a user’s preference that can also be medicinal, recreational, and/or wellness related (see [0002] and [0088]). Modified Galbraith teaches when executed by said processor, cause said processor to perform operations comprising:
receiving said effects profile from said computing device (Blackley teaches the computer-readable medium would receive instructions from the mobile computing device 1528 (see [0154]) regarding the Mix option through the user interface (see [0108]-[0110])),
choosing said cartridge of said plurality of cartridges based on said effects profile (Blackley teaches the computer-readable medium would receive instructions from the mobile computing device 1528 (see [0154]) regarding the Mix option through the user interface (see [0108]-[0110]). Blackley further teaches the processor to cause the withdrawal of the first amount of the first compound from a first container and the second amount of the second compound from a second container as seen in [0089]),
causing said air supply to provide said air to said manifold and into said cartridge of said plurality of cartridges used to create said mixed atomized fluid identified by said effects profile (modified Galbraith teaches processor 1518 of Blackley to control compressor 102 to supply air (see [0166] of Galbraith) to manifold 113 of Galbraith and into the therapeutic cartridges to mixed atomized fluid as taught by Blackley (see [0089] and interface (see [0108]-[0110])), and
stopping said air provided to said manifold when said mixed atomized fluid is obtained (Modified Galbraith teaches the processor to control compressor 102 of Galbraith. Blackley also teaches the processor to determine a target dose of the compound/vaporizable material and a vaporization ratio of