Prosecution Insights
Last updated: April 17, 2026
Application No. 18/218,002

Smart Metered Pulmonary Delivery Device System

Non-Final OA §102§103§112
Filed
Jul 03, 2023
Examiner
ASHIMIU, MAUTIN ISAAC
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
1 (Non-Final)
46%
Grant Probability
Moderate
1-2
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allow Rate
32 granted / 70 resolved
-24.3% vs TC avg
Strong +54% interview lift
Without
With
+54.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
38 currently pending
Career history
108
Total Applications
across all art units

Statute-Specific Performance

§101
5.0%
-35.0% vs TC avg
§103
50.9%
+10.9% vs TC avg
§102
21.3%
-18.7% vs TC avg
§112
13.1%
-26.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 70 resolved cases

Office Action

§102 §103 §112
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 Objections Claim s 2, 3, 7 - 9, and 11 -12 are objected to because of the following informalities: Claims 2, 3, 7, 9, 11, recite “ when a metered amount of said liquid may be inhaled by said user” which should be “when the metered amount of said liquid may be inhaled by said user” or “when said metered amount of said liquid may be inhaled by said user” as this element is previously recited. Claim 7, “the content of said liquid” should be “a content of said liquid”. Claim 8 and 12, “that” should be further defined. Examiner suggest “said indication”. Appropriate correction is required. 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim s 2 - 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 2, 4, 7, 10, 11, 13, recite “a second device” which is indefinite as claim 1 previously recites “a second device” so it is unclear if an additional second device is being claimed or the same second device is being claimed. Claims 2, 3, 7, 9, 11, recite “ when a metered amount of said liquid may be inhaled by said user” . Claims 5, 6, 8, and 12 are rejected based on their dependency on rejected claims. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-4, 7-13, and 18-20 is/are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by Davis et al. (US 20210401061 A1). Regarding claim 1, Davis teaches a vapor device system ( [0172] v ape d evice 10, 100, 2800 ; see figure 1-4 and 28 ) , comprising: a cartridge section ([0169] atomizer assembly 79 and mouthpiece assembly 88; figure 2) comprising: a reservoir containing a liquid to be vaporized ([0169] Mouthpiece assembly 88 can further comprise a payload reservoir 62 that can be filled with a payload 64 that may be liquid or oil . The payload 64 can flow from payload reservoir 62 to inlet 21 of atomizer 20 via one or more valves 68 ; figure 2) and a mouthpiece whereby a user may inhale vaporized liquid from the mouthpiece ([0169] mouthpiece assembly 88 can comprise a mouthpiece 58 in communication with the outlet of atomizer 20 via conduit 60 ; figure 2) ; a vibratable mesh ([0161] atomizer 20 may include … a mesh nebulizer ; figure 2) , said vibratable mesh being disposable between said reservoir and said mouthpiece ([0169] The payload 64 can flow from payload reservoir 62 to inlet 21 of atomizer 20 via one or more valves 68 . Examiner notes the flow of the payload goes from the reservoir to the mesh nebulizer of the atomizer and then to the mouthpiece) , so as to vaporize liquid drawn from the reservoir to the mouthpiece (see [0171] disclosing the atomizer vaporizing a payload ) ; a flow sensor ([0170] draw sensor 18; see figure 1) , wherein said flow sensor is arranged to detect a user drawing fluid through the mouthpiece during use and to actuate the vibrating mesh when fluid flow is detected ([0159] a draw sensor 18 operatively coupled to atomizer 20 via an electrical connection 44, wherein draw sensor 18 can cause electric current from battery 42 to flow through heating element 22. In some embodiments, draw sensor 18 comprises a sensor, such as a mass air flow sensor, that can produce an electrical signal in response to when a user inhales or draws on mouthpiece 16, wherein the electrical signal can cause electric current from battery 42 to flow through heating element 22. In some embodiments, draw sensor 18 can be used as a simple “switch” as a means to turn on atomizer 20 to vaporize payload drawn into atomizer 20 from payload reservoir 26 as the user draws on mouthpiece 16 ; see figure 1) ; a body section ([0169] control assembly 14; figure 2 ; also see [0163] ) releasably connectable to said cartridge section ([0169] vape device 100 can comprise control assembly 14, atomizer assembly 79 and mouthpiece assembly 88 operatively coupled together in that order using mechanical connection means 56 to join the subassemblies together . Mechanical connection means 56 can comprise one or more of threaded connection means, magnetic connection means and friction or press-fit connection means, and any of the connection means 15 described above, including 510 threaded connectors ; figure 2) , further comprising: a processor ([0163] microcontroller 31; figure 2; also see [0166]) ; a memory device ([0166] microcontroller 31 can comprise a microprocessor (which for purposes of this disclosure also incorporates any type of processor) having a central processing unit as well known to those skilled in the art, wherein the microprocessor can further comprise a memory configured for storing a series of instructions for operating the microprocessor in addition for storing data collected from sensors disposed on vape device 10 or data received by vape device 10 to control its operation, such as operational settings ) ; a network access device ([0186] wireless transceiver (i.e., RF transceiver circuit 36 and antenna(s) 40) ) ; an input and output device ([0164] user input interface circuit 34 and output interface circuit 38 . In some embodiments, input interface circuit 34 can provide the electrical interface between user controls and activation mechanisms disposed on vape device 10, such as buttons, switches, draw sensors, pressure transducers, proximity sensors, touch sensors, voice recognition sensors, haptic controls, saliva and breath biosensors, and the like, and microcontroller 31 and, thus, can provide the means to relay user input commands from the user controls as instructions to microcontroller 31 to operate vape device 10. In some embodiments, output interface circuit 38 can provided the electrical interface between microcontroller 31 and output display devices, such as indicator lights, alphanumeric display screens, audio speakers, surface heaters, vibration devices, and any other forms of tactile feedback devices as well known to those skilled in the art, and, thus, can provide the means to relay information relating to the operation of vape device 10 from microcontroller 31 to the user ; figure 2; see [0166]) ; a power supply ([0163] battery 42; figure 2) ; wherein said vapor device system records data on the amount of said liquid inhaled by said user ([0168] ID tag 28 and/or microcontroller 31, along with appropriate sensors, can also be used as part of a system for gathering data relating to the use of vape device 10 by the user by monitoring that can include, without limitation, historical vape device usage information, such as how many times vape device 10 is used during a given period of time (hour, day, week, etc.), the duration of each use of vape device 10, how many draws the user takes on vape device 10, the strength of those draws, the amount of payload consumed during each use of vape device 10, and other information as described herein ; figure 2 and 4) and transmits said data to a second device (computing device 72 ; figure 3-4. [0172] It is understood that computing device 72 includes a processor 94 that runs application 74, and that references herein to computing device 72 include its processor 94. Vape device 100 and vape device 2800 (described below) may also be operated with computing device 72 in the same manner as described below with respect to vape device 10 ) ([0168] ID tag 28 and/or microcontroller 31, along with appropriate sensors, can also be used as part of a system for gathering data relating to the use of vape device 10 by the user by monitoring that can include, without limitation, historical vape device usage information , such as how many times vape device 10 is used during a given period of time (hour, day, week, etc.), the duration of each use of vape device 10, how many draws the user takes on vape device 10, the strength of those draws, the amount of payload consumed during each use of vape device 10, and other information as described herein. The historical vape device usage information is stored in a database in association with the payload identifier, as described below. In some embodiments, the historical vape device usage information can be used as clinical data for determining whether the user is consuming the right amount of medicine to be vaporized and inhaled and at the right times of day . [0186] At step 408, vape device 10 can, upon being polled by the computing device 72, read ID tag 28 and then transmit the payload identifier to the computing device 72. Specifically, in one embodiment, microcontroller 31 of vape device 10 receives the payload identifier from ID tag 28, transmits the payload identifier to the wireless transceiver (i.e., RF transceiver circuit 36 and antenna(s) 40), and the antenna(s) 40 transmit the payload identifier to computing device 72 ; figure 4) and wherein said second device transmits additional data back to said vapor device system which determine when a metered amount of said liquid may be inhaled by said user (see [0188-0192] and figure 4, step 412, 416, 418, and 420. [0188] the application 74 proceeds to step 416 instead of step 414, whereupon the application 74 can confirm whether the user is authorized to use vape device 10. [0190] In step 418, the application 74 can determine the geographic location of vape device 10 and whether the payload in vape device 10 can be consumed in that location by comparing the geographic location to location information obtained by the application 74 . If the payload in vape device 10 can be consumed in the location of vape device 10, the application 74 can proceed to step 412 where the operational settings can be transmitted to vape device 10, and the user is subsequently allowed to operate vape device 10 in step 414. [0191] the application 74 proceeds to step 420 where a permitted duration of time that the vape device 10 can be used is determined . The permitted duration of time can be determined based on any combination of secondary data (e.g., user information, prescription information, location information, payload information, historical vape device usage information, and historical payload reservoir information) and/or the payload identifier. The permitted duration of time can be transmitted to the vape device as an operational setting in step 412. Once the operational settings are received by vape device 10 at step 414, vape device 10 can implement these operational settings to vaporize the payload contained therein accordingly . [0192] In addition, after the vape device 10 is operated in step 414, vape device 10, either via the microcontroller 31 and/or the application 74, can be locked in step 402 after use, after a predetermined duration, after being deactivated by the user, after the payload reservoir 26 is deemed or calculated to be empty or used, after a new user has been detected, and/or for any other reason that vape device 10 may be locked ) . Regarding claim 2, Davis discloses t he vapor device system of claim 1, wherein said vapor device system records data on the identity of said user and transmits said data to a second device ([ 0180] Authentication information can include a password or passcode, a fingerprint scan, a facial recognition scan, a retinal scan, or any other type of biometric information that can be used to identify a user. Authentication information can be entered into the application 74 and/or vape device 10 (via, e.g., user input devices coupled to user input interface circuit 34) by the user ) and wherein said second device transmits additional data back to said vapor device system which determine when a metered amount of said liquid may be inhaled by said user ( see [0188-0192] and figure 4, step 412, 416, 418, and 420 ) . Regarding claim 3, Davis discloses t he vapor device system of claim 2, wherein said second device transmits data to said vapor device system selected from the group consisting of: weight data, body fat data, heart rate data, blood pressure data, temperature data, movement data (see [0196]) , sleep data, blood sugar data, and medication data; and combinations thereof ([0156] payload assembly 24 can comprise an identifier (“ID”) tag 28, which can further comprise a unique payload identifier that identifies payload reservoir 26, and also optionally, secondary data as described below . [0176] a database is provided that stores the unique payload identifiers for a plurality of payload reservoirs and associates each of the unique payload identifiers with specific operational settings and/or secondary data. The secondary data may comprise, for example, user information, authentication information, prescription information, payload information, historical usage information (including historical vape device usage information and historical payload reservoir information), recall information, return information, and control assembly information, as described below . [0177] User information can include, but is not limited to, various physiological characteristics, such as a user's height, weight, age, gender, medical record and histories, and medical conditions. [0179] User information can be retrieved from, for example, third-party health, fitness, and social networking software applications on the computing device 72 such as Facebook®, LinkedIn®, Snapchat®, Twitter®, and/or Fitbit® ) which determine when a metered amount of said liquid may be inhaled by said user ([0188] application 74 can use secondary data such as prescription information, as well as payload information indicating the contents of the payload reservoir 26, to determine if the prescription associated with the prescription information allows the user to access the payload contents within payload reservoir 26. In yet another example, application 74 can utilize user information such as gender, age, and weight, as well as historical vape device usage information, to determine an appropriate dosage and/or metering of the vape device 10 ; figure 3. Also see [0188-0192] and figure 4, step 412, 416, 418, and 420 . [0191] the application 74 proceeds to step 420 where a permitted duration of time that the vape device 10 can be used is determined. The permitted duration of time can be determined based on any combination of secondary data (e.g., user information, prescription information, location information, payload information, historical vape device usage information, and historical payload reservoir information) and/or the payload identifier ) . Regarding claim 4, Davis discloses t he vapor device system of claim 3, further comprising receiving data from a second device generated by one or more users to predict a user's physical response to an administered material ([0168] In some embodiments, the historical vape device usage information can be used as clinical data for determining whether the user is consuming the right amount of medicine to be vaporized and inhaled and at the right times of day. The information can be used to provide feedback to the user in terms of whether the user should consume medicine more frequently or less frequently throughout the day and/or to increase or decrease the amount of medicine consumed per usage overall or per usage at particular times of the day. In some embodiments, the information collected about the user's consumption of a cannabis liquid or oil payload with vape device 10 can be used to estimate the user's intoxication or impairment based on the user's physical characteristics and the amount of cannabis liquid or oil payload consumed . This estimation can be relayed to the user as a means to inform the user as to whether the user is too intoxicated or impaired to operate a motor vehicle or to operate tools or machinery , as an example ) . Regarding claim 7, Davis discloses t he vapor device system of claim 1, wherein said vapor device system records data on the content of said liquid ( [0168] ID tag 28 and/or microcontroller 31, along with appropriate sensors, can also be used as part of a system for gathering data relating to the use of vape device 10 by the user by monitoring that can include, without limitation, historical vape device usage information, such as how many times vape device 10 is used during a given period of time (hour, day, week, etc.), the duration of each use of vape device 10, how many draws the user takes on vape device 10, the strength of those draws, the amount of payload consumed during each use of vape device 10, and other information as described herein; figure 2 and 4 ) and transmits said data to a second device ( [0186] At step 408, vape device 10 can, upon being polled by the computing device 72, read ID tag 28 and then transmit the payload identifier to the computing device 72. Specifically, in one embodiment, microcontroller 31 of vape device 10 receives the payload identifier from ID tag 28, transmits the payload identifier to the wireless transceiver (i.e., RF transceiver circuit 36 and antenna(s) 40), and the antenna(s) 40 transmit the payload identifier to computing device 72; figure 4 ) and wherein said second device transmits additional data back to said vapor device system which determine when a metered amount of said liquid may be inhaled by said user ( see [0188-0192] and figure 4, step 412, 416, 418, and 420 ) . Regarding claim 8, Davis discloses t he vapor device system of claim 7, wherein said cartridge contains an indication of the contents of the liquid therein and transmits that to said vapor device system ([0169] mouthpiece assembly 88 can comprise ID tag 28 and an oil gauge 66, which can be configured to monitor the volume of payload 64 in payload reservoir 62 and relay that information to microcontroller 31 ; figure 2). Regarding claim 9, Davis discloses t he vapor device system of claim 7, wherein said second device transmits data to said vapor device system selected from the group consisting of: weight data, body fat data, heart rate data, blood pressure data, temperature data, movement data (see [0196]) , sleep data, blood sugar data, and medication data; and combinations thereof ([0156] payload assembly 24 can comprise an identifier (“ID”) tag 28, which can further comprise a unique payload identifier that identifies payload reservoir 26, and also optionally, secondary data as described below . [0176] a database is provided that stores the unique payload identifiers for a plurality of payload reservoirs and associates each of the unique payload identifiers with specific operational settings and/or secondary data. The secondary data may comprise, for example, user information, authentication information, prescription information, payload information, historical usage information (including historical vape device usage information and historical payload reservoir information), recall information, return information, and control assembly information, as described below . [0177] User information can include, but is not limited to, various physiological characteristics, such as a user's height, weight, age, gender, medical record and histories, and medical conditions. [0179] User information can be retrieved from, for example, third-party health, fitness, and social networking software applications on the computing device 72 such as Facebook®, LinkedIn®, Snapchat®, Twitter®, and/or Fitbit® ) which determine when a metered amount of said liquid may be inhaled by said user ([0188] application 74 can use secondary data such as prescription information, as well as payload information indicating the contents of the payload reservoir 26, to determine if the prescription associated with the prescription information allows the user to access the payload contents within payload reservoir 26. In yet another example, application 74 can utilize user information such as gender, age, and weight, as well as historical vape device usage information, to determine an appropriate dosage and/or metering of the vape device 10 ; figure 3. Also see [0188-0192] and figure 4, step 412, 416, 418, and 420 . [0191] the application 74 proceeds to step 420 where a permitted duration of time that the vape device 10 can be used is determined. The permitted duration of time can be determined based on any combination of secondary data (e.g., user information, prescription information, location information, payload information, historical vape device usage information, and historical payload reservoir information) and/or the payload identifier ) . Regarding claim 10, Davis discloses t he vapor device system of claim 9, further comprising receiving data from a second device generated by one or more users to predict a user's physical response to an administered material ([0168] In some embodiments, the historical vape device usage information can be used as clinical data for determining whether the user is consuming the right amount of medicine to be vaporized and inhaled and at the right times of day. The information can be used to provide feedback to the user in terms of whether the user should consume medicine more frequently or less frequently throughout the day and/or to increase or decrease the amount of medicine consumed per usage overall or per usage at particular times of the day. In some embodiments, the information collected about the user's consumption of a cannabis liquid or oil payload with vape device 10 can be used to estimate the user's intoxication or impairment based on the user's physical characteristics and the amount of cannabis liquid or oil payload consumed . This estimation can be relayed to the user as a means to inform the user as to whether the user is too intoxicated or impaired to operate a motor vehicle or to operate tools or machinery , as an example) . Regarding claim 11, Davis discloses t he vapor device system of claim 7, wherein said vapor device system records data on the identity of said user ([ 0180] Authentication information can include a password or passcode, a fingerprint scan, a facial recognition scan, a retinal scan, or any other type of biometric information that can be used to identify a user. Authentication information can be entered into the application 74 and/or vape device 10 (via, e.g., user input devices coupled to user input interface circuit 34) by the user ) and transmits said data to a second device ( [0186] At step 408, vape device 10 can, upon being polled by the computing device 72, read ID tag 28 and then transmit the payload identifier to the computing device 72. Specifically, in one embodiment, microcontroller 31 of vape device 10 receives the payload identifier from ID tag 28, transmits the payload identifier to the wireless transceiver (i.e., RF transceiver circuit 36 and antenna(s) 40), and the antenna(s) 40 transmit the payload identifier to computing device 72; figure 4 ) and wherein said second device transmits additional data back to said vapor device system selected from the group consisting of: weight data, body fat data, heart rate data, blood pressure data, temperature data, movement data (see [0196]) , sleep data, blood sugar data, and medication data; and combinations thereof ([0156] payload assembly 24 can comprise an identifier (“ID”) tag 28, which can further comprise a unique payload identifier that identifies payload reservoir 26, and also optionally, secondary data as described below . [0176] a database is provided that stores the unique payload identifiers for a plurality of payload reservoirs and associates each of the unique payload identifiers with specific operational settings and/or secondary data. The secondary data may comprise, for example, user information, authentication information, prescription information, payload information, historical usage information (including historical vape device usage information and historical payload reservoir information), recall information, return information, and control assembly information, as described below . [0177] User information can include, but is not limited to, various physiological characteristics, such as a user's height, weight, age, gender, medical record and histories, and medical conditions. [0179] User information can be retrieved from, for example, third-party health, fitness, and social networking software applications on the computing device 72 such as Facebook®, LinkedIn®, Snapchat®, Twitter®, and/or Fitbit® ) which determine when a metered amount of said liquid may be inhaled by said user ([0188] application 74 can use secondary data such as prescription information, as well as payload information indicating the contents of the payload reservoir 26, to determine if the prescription associated with the prescription information allows the user to access the payload contents within payload reservoir 26. In yet another example, application 74 can utilize user information such as gender, age, and weight, as well as historical vape device usage information, to determine an appropriate dosage and/or metering of the vape device 10 ; figure 3. Also see [0188-0192] and figure 4, step 412, 416, 418, and 420 . [0191] the application 74 proceeds to step 420 where a permitted duration of time that the vape device 10 can be used is determined. The permitted duration of time can be determined based on any combination of secondary data (e.g., user information, prescription information, location information, payload information, historical vape device usage information, and historical payload reservoir information) and/or the payload identifier ) . Regarding claim 12, Davis discloses t he vapor device system of claim 11, wherein said cartridge contains an indication of the contents of the liquid therein and transmits that to said vapor device system ([0169] mouthpiece assembly 88 can comprise ID tag 28 and an oil gauge 66, which can be configured to monitor the volume of payload 64 in payload reservoir 62 and relay that information to microcontroller 31; figure 2) . Regarding claim 13, Davis discloses t he vapor device system of claim 12, further comprising receiving data from a second device generated by one or more users to predict a user's physical response to an administered material ([0168] In some embodiments, the historical vape device usage information can be used as clinical data for determining whether the user is consuming the right amount of medicine to be vaporized and inhaled and at the right times of day. The information can be used to provide feedback to the user in terms of whether the user should consume medicine more frequently or less frequently throughout the day and/or to increase or decrease the amount of medicine consumed per usage overall or per usage at particular times of the day. In some embodiments, the information collected about the user's consumption of a cannabis liquid or oil payload with vape device 10 can be used to estimate the user's intoxication or impairment based on the user's physical characteristics and the amount of cannabis liquid or oil payload consumed . This estimation can be relayed to the user as a means to inform the user as to whether the user is too intoxicated or impaired to operate a motor vehicle or to operate tools or machinery , as an example ) . Regarding claim 18, Davis discloses t he vapor device system of claim 1, wherein said liquid is water based ([0423] The payload within payload reservoir 2856 may be a water-based payload ) . Regarding claim 19, Davis discloses t he vapor device system of claim 1, wherein said second device is a smart phone ([0154] “personal computing device” [72] is defined as including … smart phones (such as those running on iOS® and Android® operating systems, and others as well known to those skilled in the art) ) . Regarding claim 20, Davis discloses t he vapor device system of claim 1, wherein said second device is a smart watch ([0154] “personal computing device” [72] is defined as including…smart watches ) . Claim Rejections - 35 USC § 103 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. Claim(s) 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davis et al. (US 20210401061 A1) . Regarding claim 14, Davis discloses t he vapor device system of claim 1, but does not explicitly disclose wherein said output device informs the user when and how much of said metered amount of liquid is to be used . However, Davis teaches several output devices to relay operation information of the vape device ([0164] output interface circuit 38 can provided the electrical interface between microcontroller 31 and output display devices, such as indicator lights, alphanumeric display screens, audio speakers, surface heaters, vibration devices, and any other forms of tactile feedback devices as well known to those skilled in the art, and, thus, can provide the means to relay information relating to the operation of vape device 10 from microcontroller 31 to the user ) . Davis also teaches determining when and how much of metered amount of liquid is to be used ([0188] application 74 can use secondary data such as prescription information, as well as payload information indicating the contents of the payload reservoir 26, to determine if the prescription associated with the prescription information allows the user to access the payload contents within payload reservoir 26. In yet another example, application 74 can utilize user information such as gender, age, and weight, as well as historical vape device usage information, to determine an appropriate dosage and/or metering of the vape device 10 . [0191] the application 74 proceeds to step 420 where a permitted duration of time that the vape device 10 can be used is determined. The permitted duration of time can be determined based on any combination of secondary data (e.g., user information, prescription information, location information, payload information, historical vape device usage information, and historical payload reservoir information) and/or the payload identifier. The permitted duration of time can be transmitted to the vape device as an operational setting in step 412. Once the operational settings are received by vape device 10 at step 414, vape device 10 can implement these operational settings to vaporize the payload contained therein accordingly. In this embodiment, vape device 10 can unlock for use by the user in accordance with the received operational settings. In addition, the vape device 10 can be locked in step 402 after the permitted duration of time or usage has expired ; figure 4) . 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 vape device of Davis to implement the output device(s) relaying appropriate dosage and/or metering information, and duration of permitted use of the vape device to the user via positive or negative video, audio, and/or tactile feedback in order to facilitate effective use of the vape device. Regarding claim 15, modified Davis teaches the vapor device system of claim 14, wherein said output device is a light ([0164] output display devices, such as indicator lights ; figure 2) . Regarding claim 1 6 , modified Davis teaches the vapor device system of claim 14, wherein said output device is a sound ([0164] output display devices, such as … audio speakers ; figure 2) . Regarding claim 17 , modified Davis teaches the vapor device system of claim 14, wherein said output device is haptic feedback ( [0164] output display devices, such as … vibration devices, and any other forms of tactile feedback devices ; figure 2) . Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davis et al. (US 20210401061 A1) as applied to claim s 2 and 3 above, and further in view of Kersey et al. ( US 20220000183 A1 ) . Regarding claim 5 , Davis discloses th e vapor device system of claim 2, but does not explicitly disclose further comprise a step of anonymizing data transmitted. However, Kersey teaches an electronic nicotine delivery device (2; abstract; figure 1) connected to a remote service (16; figure 1) comprising a step of anonymizing data transmitted and received ( [0030] Communication between the connectivity interface 32 of the END device 2 and the remote service 16 may use conventional communications protocols associated with WLAN and/or telecommunications networks, compatible with the eventual transmission via the Internet (or a WAN) to the remote service 16. The encoding of data for transmission over a data link established using those protocols may be end-to-end encrypted to provide data security. Additionally or alternatively the data may be encoded in a proprietary format that anonymizes or obscures potentially identifying or confidential information conveyed by the data ). 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 data transmitted and received by the vape device of Davis to be encoded in a proprietary format that anonymizes or obscures potentially identifying or confidential information conveyed by the data , as taught by Kersey to protect the privacy of the users. Regarding claim 6, Davis discloses the vapor device system of claim 3, but does not explicitly disclose further comprise a step of anonymizing data received. However, Kersey teaches an electronic nicotine delivery device (2; abstract; figure 1) connected to a remote service (16; figure 1) comprising a step of anonymizing data transmitted and received ([0030] Communication between the connectivity interface 32 of the END device 2 and the remote service 16 may use conventional communications protocols associated with WLAN and/or telecommunications networks, compatible with the eventual transmission via the Internet (or a WAN) to the remote service 16. The encoding of data for transmission over a data link established using those protocols may be end-to-end encrypted to provide data security. Additionally or alternatively the data may be encoded in a proprietary format that anonymizes or obscures potentially identifying or confidential information conveyed by the data). 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 data transmitted and received by the vape device of Davis to be encoded in a proprietary format that anonymizes or obscures potentially identifying or confidential information conveyed by the data, as taught by Kersey to protect the privacy of the users. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jacobs, JR. et al. ( US 20230023805 A1 ) teaches an electronic drug delivery system with a smoking cessation program. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Mautin I Ashimiu whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-0760 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday, 7:30 a.m. - 4:30 p.m. ET . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Kendra Carter can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-9034 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /M.I.A./ Examiner, Art Unit 3785 /VALERIE L WOODWARD/ Primary Examiner, Art Unit 3785
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Prosecution Timeline

Jul 03, 2023
Application Filed
Mar 31, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
46%
Grant Probability
99%
With Interview (+54.0%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 70 resolved cases by this examiner. Grant probability derived from career allow rate.

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