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 .
Status of the Claims
This Office Action is in response to Applicant’s amendments submitted 07/31/2025.
Claims 1-13 are pending and are subject to this Office Action.
Claims 1, 5, 7-9 and 11-13 are amended
Claims 4 and 10 are cancelled.
Claims 14-22 are newly added.
Response to Amendments
The Examiner notes that claim 4 has been cancelled. Thus, the 112 rejection of claim 4 is moot.
The Examiner withdraws the 112 rejection of claim for failing to further limit the subject matter due to amendments to the claims filed 07/31/2025.
Response to Arguments
Applicant’s arguments, see pages 8-9, filed 07/31/2025, with respect to the 103 rejection of claim 1 over Marubashi, Gillis and Ross have been fully considered but they are not persuasive.
On pages 8-9 the Applicant argues that the prior art does not appropriately teach “a temperature control configured to adjust a temperature of the vaporizer device”, as recited in amended claim 1.
The Examiner disagrees.
Marubashi teaches a microcontroller (control circuit 50; [0032]) configured to regulate (via power controller 53; [0091-0092]) the voltage level of the vaporizer device. One having ordinary skill in the art that voltage is directly related to temperature. Thus, the device is capable of temperature control (via regulating the voltage) to adjust a temperature of the vaporizer device. This function is separate from the ability of the device to read temperature. In fact, the device of Marubashi can both read and adjust the temperature.
On pages 9-10, the Applicant argues that prior art of record does not teach “the voltage regulator configured to power off the device after a period of inactivity”, as required by newly presented claim 14. The Examiner agrees, however, after further consideration, presents an obviousness rejection in further view of Lord et al. (US 20160242466 A1).
On page 10, the Applicant argues that prior art of record does not teach “a wireless charging device configured to wirelessly connect the device to a charging pad of an external power source”, as required by newly presented claim 19. The Examiner disagrees, as [0036] of Marubashi teaches this limitation, and presents an obviousness rejection in view of Marubashi and Gillis below.
The following is a modified rejection based on Applicant’s amendments to the claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 22 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 22, the claim recites the limitation “an additional USB-C port for connecting an additional device to an additional external power source”. It is unclear how many USB-C ports the device comprises, as no first USB-C port is claimed. It is further unclear as to how a USB-C port on the claimed device would enable the function of connecting a secondary device to an external power source. The Examiner notes that both the secondary device and the external power source are outside the scope of the claim, which is directed to a singular device, further confusing the limitation. For examination purposes, any USB-C port used for connecting a power source will be considered to meet the limitation.
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 is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-7 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Marubashi (US 20210120884 A1) in view of Gillis (US 9877521 B1) and Ross et al. (US 20220095684 A1).
Regarding claim 1, Marubashi teaches a vaporizer device (aerosol inhaler 1; [0029]) for use with an external power source ([0035]), comprising:
a vaporization enclosure (power supply unit 10; [0030]) with a connector (discharge terminal 41; [0033]) for accepting a vaporization cartridge (first cartridge 20; [0030]);
a power control button (operation portion 14; [0037]);
a temperature controller configured to adjust a temperature of the vaporizer device (Marubashi teaches a microcontroller (control circuit 50; [0032]) configured to regulate (via power controller 53; [0091-0092]) the voltage level of the vaporizer device. One having ordinary skill in the art that voltage is directly related to temperature. Thus, the device is capable of temperature control (via regulating the voltage) to adjust a temperature of the vaporizer device);
a USB port (charge terminal 43; [0035-0036]) for connecting the vaporizer device to the external power source via an external power cord;
a voltage regulator (low drop out regulator 60; [0064]) embedded within the vaporizer device for ensuring proper voltage transfer between an external power source and the vaporizer device;
and a pulse width modulation component (power controller 53; [0091]).
Marubashi does not explicitly teach (I) that the power control button is for adjusting the voltage level of the vaporizer device, (II) that the USB port is a USB-C port or (III) that the pulse width modulation component reduces voltage over time to provide a more constant temperature to the vaporizer device.
Regarding (I), Gillis, directed to a vaporizer device (vaporizer assembly 100; col. 3, lines 35-40) for use with an external power source (col. 2, lines 32-33) comprising a vaporization enclosure (vaporizer 102 with vaporizer housing 106) with a connector (Fig. 1B) for accepting a vaporization cartridge (cartridge 104), a power control button (voltage selection button 126; col. 4, lines 66-67), a USB port (col. 2, lines 32-33) for connecting the vaporizer device to the external power source via an external power cord, and a voltage controller (voltage control unit 200; col. 6, line 63-col 7, line 50) embedded within the vaporizer device, teaches that the power control button 126 is configured for adjusting the voltage level of the vaporizer device (voltage selection button 126; col. 4, lines 66-67).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by configuring the power control button to adjust the voltage level of the vaporizer device as taught by Gillis because both Marubashi and Gillis are directed to vaporizer devices with power control buttons, Gillis teaches that the voltage may be adjusted by the user via the power control button and one having ordinary skill would recognize that this would provide more customization for the user, and this involves applying a known configuration to improve a similar device in the same way.
Regarding (II), Ross, directed to a vaporizer device (substitute smoking device 101, 201; [1830]) comprising a vaporization enclosure with a connector ([1831]) for accepting a vaporization cartridge (consumable 102, 202; [1830]), a power control button (button 212; [1879]), a USB port for connecting the vaporizer device to an external power source (connector/USB port 106, 206; [1833]), a voltage regulator ([0838]), and a pulse width modulation component ([1558]), teaches that the USB port may be a USB-C type port ([1833], [1877]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by making the USB port a USB-C port as taught by Ross because both Marubashi and Ross are directed to vaporizer devices comprising USB ports to connect to external power sources, Ross teaches that a USB port may be a USB-C type port, and this involves substituting one alternative USB port for another to yield predictable results.
Regarding (III), the limitation that “the pulse width modulation component reduces voltage over time to provide a more constant temperature to the vaporizer device” is merely functional language directed to a manner of operating the device. The device taught by Marubashi comprises all structural elements of the claimed device, including a pulse width modulation component that is capable of adjusting the voltage supplied to a heating element. One having ordinary skill in the art would reasonably expect that adjusting the power supplied to the heating element would regulate the temperature of the vaporizer device. As such, the limitation does not differentiate the apparatus claim from the prior art. See MPEP § 2114 (II).
Regarding claim 2, Marubashi does not explicitly teach that the external power supply comprises an AC to USB power supply, an external battery bank, a laptop, a cell phone, or a tablet.
However, as the external power supply is not a part of the vaporizer device, this limitation is merely directed to the intended use of the vaporizer charge terminal 43 with one of the claimed external power sources. The device taught by the prior art still comprises the structural elements required by the claim (e.g., a USB power input). One having ordinary skill in the art would recognize that a USB charge terminal 43 would be capable of use with art-recognized external power sources, including an AC to USB power supply. Thus, the claimed apparatus is not differentiated from the prior art.
Regarding claim 3, Marubashi does not teach that the connector is a 510-thread connector.
Gillis (US 9877521 B1), directed to a vaporizer device (vaporizer assembly 100; col. 3, lines 35-40) for use with an external power source (col. 2, lines 32-33) comprising a vaporization enclosure (vaporizer 102 with vaporizer housing 106) with a connector (Fig. 1B) for accepting a vaporization cartridge (cartridge 104), a power control button (voltage selection button 126; col. 4, lines 66-67) for adjusting the voltage level of the vaporizer device, a USB port (col. 2, lines 32-33) for connecting the vaporizer device to the external power source via an external power cord, and a voltage controller (voltage control unit 200; col. 6, line 63-col 7, line 50) embedded within the vaporizer device, teaches that the connector is a 510 thread connector (col. 11, line 66-col. 12, line 6).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by making the connector a 510-thread connector as taught by Gillis because both Marubashi and Gillis are directed to vaporizer devices comprising connectors for accepting vaporization cartridges, Gillis teaches an alternate cartridge connector configuration, and this involves simple substitution of one connector for another to yield predictable results.
Regarding claim 5, Gillis teaches that the power control button 126 allows for selection of multiple voltage levels (col. 7, lines 51-53; col. 18, lines 23-27).
Regarding claim 6, Marubashi teaches that the voltage regulator regulates the voltage from the external power source to achieve an optimal power supply range of 2.8-3.8 volts ([0066] teaches a power supply of 3.7 volts, which anticipates the claimed range).
Regarding claim 7, Marubashi teaches that the pulse width modulation component is configured to adjust the temperature of the vaporizer device (teaches that the pulse width modulation component (power controller 53) adjusts voltage, which would be expected to thereby adjust temperature).
Regarding claim 10, Marubashi teaches that the voltage regulator comprises a microcontroller for monitoring and regulating the voltage level of the vaporizer device (control circuit 50; [0032]).
Regarding claim 11, Marubashi teaches that the pulse width modulation component is capable of measuring a period of time and that the pulse interval is an on-time interval that controls an on-time length for supplying power ([0092]). It would be expected that this function comprises a timer circuit for controlling the voltage over time.
Regarding claim 12, Marubashi does not explicitly teach that the connector is removable and interchangeable with alternative connection types for the vaporization cartridge.
Gillis (US 9877521 B1), directed to a vaporizer device (vaporizer assembly 100; col. 3, lines 35-40) for use with an external power source (col. 2, lines 32-33) comprising a vaporization enclosure (vaporizer 102 with vaporizer housing 106) with a connector (Fig. 1B) for accepting a vaporization cartridge (cartridge 104), a power control button (voltage selection button 126; col. 4, lines 66-67) for adjusting the voltage level of the vaporizer device, a USB port (col. 2, lines 32-33) for connecting the vaporizer device to the external power source via an external power cord, and a voltage controller (voltage control unit 200; col. 6, line 63-col 7, line 50) embedded within the vaporizer device, teaches that the connector is a 510 thread connector (col. 11, line 66-col. 12, line 6).
However, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by making the connector removable and interchangeable, for example by removing and interchanging the connector of Marubashi with the 510-thread connector of Gillis, one of ordinary skill in the art would recognize that this would enable connection of various cartridge types using alternative connectors, and because this involves simple substitution of one connector for another to yield predictable results.
Furthermore, making separable and/or making integral the connector and the vaporizer device is considered prima facie obvious. See MPEP § 2144.04 (V)(B-C).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Marubashi, Gillis and Ross as applied to claim 1 above, and further in view of Todd et al. (US 20190373952 A1).
Regarding claim 8, Marubashi does not teach that the vaporizer device further comprises a USB On-The-Go (OTG) component embedded within the vaporizer device for enabling use of the vaporizer device with the external power source.
Todd, directed to a vaporizer device (portable electronic vaporizer; [0001]) comprising a vaporization enclosure (onboard charging unit component; [0003]) with a connector (connector pin barrel component; [0003]) for accepting a vaporization cartridge ([0003]), a power control button (activation switch; [0003]), and a port for connecting the vaporizer device to an external power source (power input jack; [0003], [0005]), teaches that the port comprises a USB OTG component embedded within the vaporizer device for enabling easy use with the external power source ([0003], [0005]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by embedding a USB OTG component within the vaporizer device as taught by Todd because both Marubashi and Todd are directed to vaporizer devices with USB ports for connecting the vaporizer device to the external power source, Todd teaches that embedding a USB OTG component may enable power connection to other portable devices, and this involves applying a known teaching to a similar product to yield predictable results.
Regarding claim 9, Todd teaches that the USB OTG component enables control of the vaporizer device using a cell phone ([0003]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Marubashi, Gillis and Ross as applied to claim 1 above, and further in view of Li et al. (US 20170188636 A1).
Regarding claim 13, Marubashi does not explicitly teach an airflow control ring for adjusting airflow through the vaporizer device.
Li, directed to a vaporizer device (electronic cigarette) comprising a vaporization enclosure (bottom part 14; [0017]) with a connector (electrodes; [0017]) for accepting a vaporization cartridge (top part 10; [0017]), teaches an airflow control ring (airflow adjusting ring 13; Fig. 5; [0028]) for adjusting airflow through the vaporizer device to satisfy different user demands.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by adding the airflow control ring as taught by Li because both Marubashi and Li are directed to vaporizer devices, Li teaches that an airflow control ring may be added to improve user customization, and this involves applying a known teaching to a similar product to yield predictable results.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Marubashi (US 20210120884 A1) in view of Gillis (US 9877521 B1), Ross et al. (US 20220095684 A1) and Lord et al. (US 20160242466 A1).
Regarding claim 14, Marubashi teaches a vaporizer device (aerosol inhaler 1; [0029]) for use with an external power source ([0035]), comprising:
a vaporization enclosure (power supply unit 10; [0030]) with a connector (discharge terminal 41; [0033]) for accepting a vaporization cartridge (first cartridge 20; [0030]);
a power control button (operation portion 14; [0037]);
a USB port (charge terminal 43; [0035-0036]) for connecting the vaporizer device to the external power source via an external power cord;
a voltage regulator (low drop out regulator 60; [0064]) embedded within the vaporizer device for ensuring proper voltage transfer between an external power source and the vaporizer device;
and a pulse width modulation component (power controller 53; [0091]).
Marubashi does not explicitly teach (I) that the connector is magnetic (II) that the power control button is for adjusting the voltage level of the vaporizer device, (III) that the USB port is a USB-C port, (IV) that the voltage regulator is configured to power off the device after a period of inactivity or (V) that the pulse width modulation component reduces voltage over time to provide a more constant temperature to the vaporizer device.
Regarding (I), Gillis, directed to a vaporizer device (vaporizer assembly 100; col. 3, lines 35-40) for use with an external power source (col. 2, lines 32-33) comprising a vaporization enclosure (vaporizer 102 with vaporizer housing 106) with a connector (Fig. 1B) for accepting a vaporization cartridge (cartridge 104), a power control button (voltage selection button 126; col. 4, lines 66-67), a USB port (col. 2, lines 32-33) for connecting the vaporizer device to the external power source via an external power cord, and a voltage controller (voltage control unit 200; col. 6, line 63-col 7, line 50) embedded within the vaporizer device, teaches that the connector may be magnetic.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by using a magnetic connector as taught by Gillis because both Marubashi and Gillis are directed to vaporizer devices with connectors, Gillis teaches that a magnetic connector is known in the art, and this involves substituting one means of connection for another to yield predictable results.
Regarding (II), Gillis, directed to a vaporizer device (vaporizer assembly 100; col. 3, lines 35-40) for use with an external power source (col. 2, lines 32-33) comprising a vaporization enclosure (vaporizer 102 with vaporizer housing 106) with a connector (Fig. 1B) for accepting a vaporization cartridge (cartridge 104), a power control button (voltage selection button 126; col. 4, lines 66-67), a USB port (col. 2, lines 32-33) for connecting the vaporizer device to the external power source via an external power cord, and a voltage controller (voltage control unit 200; col. 6, line 63-col 7, line 50) embedded within the vaporizer device, teaches that the power control button 126 is configured for adjusting the voltage level of the vaporizer device (voltage selection button 126; col. 4, lines 66-67).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by configuring the power control button to adjust the voltage level of the vaporizer device as taught by Gillis because both Marubashi and Gillis are directed to vaporizer devices with power control buttons, Gillis teaches that the voltage may be adjusted by the user via the power control button and one having ordinary skill would recognize that this would provide more customization for the user, and this involves applying a known configuration to improve a similar device in the same way.
Regarding (III), Ross, directed to a vaporizer device (substitute smoking device 101, 201; [1830]) comprising a vaporization enclosure with a connector ([1831]) for accepting a vaporization cartridge (consumable 102, 202; [1830]), a power control button (button 212; [1879]), a USB port for connecting the vaporizer device to an external power source (connector/USB port 106, 206; [1833]), a voltage regulator ([0838]), and a pulse width modulation component ([1558]), teaches that the USB port may be a USB-C type port ([1833], [1877]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by making the USB port a USB-C port as taught by Ross because both Marubashi and Ross are directed to vaporizer devices comprising USB ports to connect to external power sources, Ross teaches that a USB port may be a USB-C type port, and this involves substituting one alternative USB port for another to yield predictable results.
Regarding (IV), Lord, directed to a device (e-cigarette 10; [0035]) comprising a vaporization enclosure (body 20) for accepting a vaporization enclosure for accepting a vaporization cartridge (cartridge 30 and vaporizer 40), and a USB port for connecting the device to an external power source via an external power cord ([0036]), teaches that the device is configured to power off following a period of inactivity ([0022]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by configuring the device to power off following a period of inactivity as taught by Lord because both Marubashi and Lord are directed to vaporization devices, one having ordinary skill in the art would recognize that Lord’s configuration would help prevent excess power consumption, and this involves applying a known teaching to a similar product to yield predictable results.
Regarding (V), the limitation that “the pulse width modulation component reduces voltage over time to provide a more constant temperature to the vaporizer device” is merely functional language directed to a manner of operating the device. The device taught by Marubashi comprises all structural elements of the claimed device, including a pulse width modulation component that is capable of adjusting the voltage supplied to a heating element. One having ordinary skill in the art would reasonably expect that adjusting the power supplied to the heating element would regulate the temperature of the vaporizer device. As such, the limitation does not differentiate the apparatus claim from the prior art. See MPEP § 2114 (II).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Marubashi, Gillis, Ross, and Lord as applied to claim 14 above, and further in view of Li et al. (US 20220361588 A1).
Regarding claim 15, Marubashi does not teach that the power control button is configured to be controlled wirelessly using Bluetooth.
Li, directed to a device (electronic atomization apparatus; [0050]) comprising a vaporization enclosure for accepting a vaporization cartridge (atomizer 2; [0052]), a power control component ([0011]) and a USB port for connecting the device to an external power source via an external power cord ([0066]), teaches that the power control may be configured to be controlled wirelessly using Bluetooth connectivity ([0062]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by configuring the device to control the power using Bluetooth connectivity as taught by Li because both Marubashi and Li are directed to vaporization devices with power control components, Li teaches that Bluetooth control is known in the art, one having ordinary skill would recognize that this would improve user experience and accessibility, and this involves applying a known configuration to improve a similar device in the same way.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Marubashi, Gillis, Ross, and Lord as applied to claim 14 above, and further in view of Qiu et al. (US 20210401044 A1).
Regarding claim 16, Marubashi does not teach that the power control button is configured to be controlled wirelessly using voice control.
Qiu, directed to a device (electronic device; [0156]) comprising a vaporization enclosure for accepting a vaporization cartridge (cartridge 10; [0156]), a power control component for adjusting a voltage level of the device (state detection circuit [0218], [0223]) and a USB port for connecting the device to an external power source via an external power cord ([0192]), teaches that the power control may be configured to be controlled wirelessly using voice control ([0290] teaches that voice control may be used to start atomization work (aka control the voltage as in [0214])).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by configuring the device to control power using wireless voice control as taught by Qiu because both Marubashi and Qiu are directed to vaporization devices with power control components, Qiu teaches that it is known in the art to use wireless voice control to control power, one having ordinary skill would recognize that this would improve user experience and accessibility, and this involves applying a known configuration to improve a similar device in the same way.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Marubashi, Gillis, Ross, and Lord as applied to claim 14 above.
Regarding claim 17, Marubashi does not teach an LED display configured to display information related to the device.
Gillis, directed to a vaporizer device (vaporizer assembly 100; col. 3, lines 35-40) for use with an external power source (col. 2, lines 32-33) comprising a vaporization enclosure (vaporizer 102 with vaporizer housing 106) with a connector (Fig. 1B) for accepting a vaporization cartridge (cartridge 104), a power control button (voltage selection button 126; col. 4, lines 66-67), a USB port (col. 2, lines 32-33) for connecting the vaporizer device to the external power source via an external power cord, and a voltage controller (voltage control unit 200; col. 6, line 63-col 7, line 50) embedded within the vaporizer device, teaches an LED display configured to display information related to the device (col. 7, lines 16-19).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by adding the LED display configured to display information related to the device as taught by Gillis because both Marubashi and Gillis are directed to vaporizer devices, Gillis teaches that using an LED display to supply information is known in the art, and this involves applying a known configuration to improve a similar device in the same way.
Regarding claim 18, Gillis teaches that the information related to the device includes a voltage level (col. 7, lines 16-19).
Claims 19 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Marubashi (US 20210120884 A1) in view of Gillis (US 9877521 B1).
Regarding claim 19, Marubashi teaches a vaporizer device (aerosol inhaler 1; [0029]) for use with an external power source ([0035]), comprising:
a vaporization enclosure (power supply unit 10; [0030]) with a connector (discharge terminal 41; [0033]) for accepting a vaporization cartridge (first cartridge 20; [0030]);
a power control button (operation portion 14; [0037]);
a wireless charging device configured to wirelessly connect the device to a charging pad of an external power source ([0036]);
a voltage regulator (low drop out regulator 60; [0064]) embedded within the vaporizer device for ensuring proper voltage transfer between an external power source and the vaporizer device;
and a pulse width modulation component (power controller 53; [0091]).
Marubashi does not explicitly teach (I) that the power control button is for adjusting the voltage level of the vaporizer device or (II) that the pulse width modulation component reduces voltage over time to provide a more constant temperature to the vaporizer device.
Regarding (I), Gillis, directed to a vaporizer device (vaporizer assembly 100; col. 3, lines 35-40) for use with an external power source (col. 2, lines 32-33) comprising a vaporization enclosure (vaporizer 102 with vaporizer housing 106) with a connector (Fig. 1B) for accepting a vaporization cartridge (cartridge 104), a power control button (voltage selection button 126; col. 4, lines 66-67), a USB port (col. 2, lines 32-33) for connecting the vaporizer device to the external power source via an external power cord, and a voltage controller (voltage control unit 200; col. 6, line 63-col 7, line 50) embedded within the vaporizer device, teaches that the power control button 126 is configured for adjusting the voltage level of the vaporizer device (voltage selection button 126; col. 4, lines 66-67).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by configuring the power control button to adjust the voltage level of the vaporizer device as taught by Gillis because both Marubashi and Gillis are directed to vaporizer devices with power control buttons, Gillis teaches that the voltage may be adjusted by the user via the power control button and one having ordinary skill would recognize that this would provide more customization for the user, and this involves applying a known configuration to improve a similar device in the same way.
Regarding (II), the limitation that “the pulse width modulation component reduces voltage over time to provide a more constant temperature to the vaporizer device” is merely functional language directed to a manner of operating the device. The device taught by Marubashi comprises all structural elements of the claimed device, including a pulse width modulation component that is capable of adjusting the voltage supplied to a heating element. One having ordinary skill in the art would reasonably expect that adjusting the power supplied to the heating element would regulate the temperature of the vaporizer device. As such, the limitation does not differentiate the apparatus claim from the prior art. See MPEP § 2114 (II).
Regarding claim 21, Gillis teaches that the power control button is configured for adjusting the voltage level of the vaporizer device (voltage selection button 126; col. 4, lines 66-67).
Regarding claim 22, Marubashi teaches a USB-C port for connecting the device to an additional external power source ([0036] teaches USB-C port charging in addition to wireless charging).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Marubashi and Gillis as applied to claim 19 above, and further in view of Lord et al. (US 20160242466 A1).
Regarding claim 19, Marubashi does not teaches that the device is configured to power off following a period of inactivity.
Lord, directed to a device (e-cigarette 10; [0035]) comprising a vaporization enclosure (body 20) for accepting a vaporization enclosure for accepting a vaporization cartridge (cartridge 30 and vaporizer 40), and a USB port for connecting the device to an external power source via an external power cord ([0036]), teaches that the device is configured to power off following a period of inactivity ([0022]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Marubashi by configuring the device to power off following a period of inactivity as taught by Lord because both Marubashi and Lord are directed to vaporization devices, one having ordinary skill in the art would recognize that Lord’s configuration would help prevent excess power consumption, and this involves applying a known teaching to a similar product to yield predictable results.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charlotte Davison whose telephone number is (703)756-5484. The examiner can normally be reached M-F 8:00AM-5:00PM.
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/C.D./ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755