DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Claims 1-19 are cancelled. Claims 20 and 24-27 are amended. Claims 20-29 are presently examined.
Applicant’s arguments regarding the objections to the specification have been fully considered and are persuasive. The objections of 2/20/2026 are withdrawn.
Applicant’s arguments regarding the objections to the claims have been fully considered and are persuasive. The objections of 2/20/2026 are withdrawn.
Applicant’s arguments regarding the rejections under 35 USC 112(b) have been fully considered and are persuasive. The rejections of 2/20/2026 are overcome.
Applicant’s arguments regarding the rejections under 35 USC 102(a)(2) have been fully considered and are persuasive. The rejections of 2/20/2026 are overcome.
Claim Interpretation
Regarding claim 20, the claim recites the limitation “for a cannabis oil injector that is provided with a cannabis oil reservoir and a syringe for delivering the cannabis oil and that is connected to the cannabis oil reservoir via tubing so as to be supplied with oil thereby,” which is considered to be a statement regarding the intended use of the claimed heating system in the preamble. During examination, statements in the preamble reciting the purpose or intended use of the claimed invention must be evaluated to determine whether or not the recited purpose or intended use results in a structural difference (or, in the case of process claims, a manipulative difference) between the claimed invention and the prior art. If so, the recitation serves to limit the claim. See MPEP § 2111.02. In this case, the claim is considered to be directed to a heating system that could be used with the claimed cannabis oil injector but also other types of materials or components being heated.
Regarding claim 21, the claim recites the limitation “the syringe further including a barrel, a plunger mounted in the barrel and a hub that mounts the needle to the barrel; the barrel and the hub being positioned in the syringe-loading portion of the casing,” which is considered to be a statement regarding the intended use of the claimed heating system. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP § 2114. Therefore, for the purposes of this Office action, the claim will be interpreted as if it required a heating system that could accommodate the claimed syringe.
Regarding claim 22, the claim recites the limitation “wherein the syringe… [is] located in the casing,” which is considered to be a statement regarding the intended use of the claimed heating system. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP § 2114. Therefore, for the purposes of this Office action, the limitation will be interpreted as if it required a heating system that could accommodate the claimed syringe.
Regarding claim 24, the claim recites the limitation “whereby, in operation, when the needle and product holder are relatively moved towards each other for said delivering the cannabis oil, the bellow is moved from its extended configuration to its retracted configuration, while continuously acting as a conduct for the air forced towards the first opening,” which is considered to be a limitation regarding the intended use of the claimed heat-canalizing system. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP § 2114. Therefore, for the purposes of this Office action, the limitation will be interpreted as if it required a bellows and product holder that could be operated in the claimed manner.
Regarding claim 26, the claim recites the limitation “a passage therebetween for the air,” which is considered to be a limitation regarding the intended use of the claimed passage. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP § 2114. Therefore, for the purposes of this Office action, the limitation will be interpreted as if it required a passage through which air could flow.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 20-21 and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Partansky (US 11,800,890) in view of Robertson (US 2,092,358).
Regarding claim 20, Partansky discloses a system for automatic infusion of concentrate into containers (abstract) having a dosing valve (figure 3, reference numeral 310), that is attached to a needle assembly via screw threading (column 11, lines 7-19, figure 6, reference numeral 112), which is considered to meet the claim limitation of a syringe having a needle heating member. It is evident that the dosing valve has an opening to secure the needle since the needle would otherwise not be able to screw into the dosing valve. The dosing valve is supplied with concentrate material contained in a reservoir (figure 1, reference numeral 106) via a heating tube (column 6, lines 1-18, figure 1, reference numeral 108), which is considered to meet the claim limitation of tubing. The heating tube extends to an exit valve of the dosing chamber (column 8, lines 32-63, figure 2, reference numeral 210). The outside of the system is considered to define a casing, including at the exit valve, which itself is considered to define a housing of the casing. A sleeve heater is formed around the tube by a nichrome wire heater (column 6, lines 1-18), which is considered to meet the claim limitation of a heating member, and indicates that the sleeve heater extends the entire length of the tube. The temperature of the concentrating material is maintained throughout the infusion process (abstract), and the concentrate travels through a pump assembly and dosing chamber to reach the needle (column 7, lines 19-25), indicating that the concentrate maintains its heat until it reaches the needle at the opening. This concentrate pathway is therefore considered to meet the claim limitation of a heat-canalizing system located inside the casing. The dosing valve, pump assembly, and dosing chamber are together considered to meet the claim limitation of a casing since the dosing chamber is connected to both needle and pump to move concentrate (column 7, lines 19-25). Partansky does not explicitly disclose the heating tube extending into the casing at a housing.
Robertson teaches a tubular joint (title) that forms a fluid tight seal for fixing a tube to another component (page 1, left column, lines 1-7) in which a liner (figure 3, reference numeral c) is fitted inside a tube (figure 3, reference numeral b) so that the tube can be secured to a plate (figure 3, reference numeral d) so that the liner applies pressure to the plate through the tube to secure the tube to the plate (page 1, left column, lines 33-55, page 1, right column, lines 1-2).
It would therefore be obvious to use the liner of Robertson to hold and house an end of the tube and its associated heater of Partansky inside the exit valve of Partansky. One would have been motivated to do so since Robertson teaches a liner that secures a tube to an outer component.
Regarding claim 21, the limitations regarding the syringe are not considered to limit the claim since the claim is directed to the heating system not the syringe. Partansky discloses that the device has a dosing chamber (figure 3, reference numeral 304) that receives concentrate through a feed valve (figure 3, reference numeral 308) that then releases the concentrate to the needle (column 9, lines 59-67, column 10, lines 1-16). The feed valve must have an opening to allow the concentrate to pass through, and this opening is considered to be registered with the opening of the needle since they form a common flow path for the concentrate.
Regarding claim 26, Partansky discloses that the reservoir is pressurized using a pressurized air pressure line (column 6, lines 66-67, column 7, lines 1-18), indicating that the condensate flow path through the device can also be an air passage after condensate has moved through.
Regarding claim 27, Partansky discloses that the tube is defined by a sleeve that is surrounded by the heating wire (column 6, lines 66-67, column 7, lines 1-18). The sleeve is considered to be a heat sink since it transfers heat from the heating wire to the condensate or air within the heating tube.
Regarding claim 28, Partansky discloses that the heating member spirals around the heating tube (column 6, lines 66-67, column 7, lines 1-18), indicating that the tube is held within a passage of the spiral.
Claims 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Partansky (US 11,800,890) in view of Robertson (US 2,092,358) as applied to claim 21 above, and further in view of Wu (US 2024/0156148).
Regarding claim 22, modified Partansky teaches all the claim limitations as set forth above. Modified Partansky additionally teaches that the concentrate enters the dosing chamber on a lateral side (figure 3), and a heater fan that provides heat to a cannula of the needle (column 7, lines 26-35, figure 3, reference numeral 114). Modified Partansky does not explicitly teach (a) the needle being located on a different lateral side of the dosing chamber and (b) the heat canalizing system that transfers heated air from the tube to the heater fan.
Regarding (a), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to locate the needle at an opposite lateral side of the dosing chamber from the side of the chamber at which the concentrate enters. Rearrangement of parts where both arrangements are known equivalents is a design choice that gives predicable results. See MPEP § 2144.04 VI C.
Regarding (b), Wu teaches a pre-roll filing system (abstract) in which an infusion material is heated so that it can pass through a needle without clogging [0030]. Heat is provided from a needle heater (figure 5B, reference numeral 402) that distributes heated air via channels (figure 5B, reference numeral 406) that release air through ports ([0046], figure 5B, reference numeral 4060). The air is blown around the needle after it is released from the ports [0046]. Wu additionally teaches that heating using heated air is more effective since the infusion material is directly heated by a curtain of air.
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the of the claimed invention to combine the heater fan of modified Partansky with the channels and ports of Wu, and to provide to additional channels to reach the tube of modified Partansky and replace the wire heater of modified Partansky. One would have been motivated to do so since Wu teaches a heater that effectively heats an infusion material using a curtain of air.
Regarding claim 23, modified Partansky teaches all the claim limitations as set forth above. Partansky additionally discloses that the reservoir is heated by a silicone heater that encases a glass reservoir jar in a heating mechanism (column 8, lines 32-63, figure 2, reference numeral 206). Modified Partansky does not explicitly disclose a second fan transferring air from the reservoir towards the needle.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to heat the reservoir using the heater of Wu and to provide a second fan to transfer heat from the reservoir to the needle. One would have been motivated to do so since Wu teaches a heater that effectively heats an infusion material using a curtain of air. The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See MPEP § 2144.04 VI B.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Partansky (US 11,800,890) in view of Robertson (US 2,092,358) and Wu (US 2024/0156148) as applied to claim 22 above, and further in view of Patten (US 6,550) and Scott (already of record).
Regarding claim 24, modified Partansky teaches all the claim limitations as set forth above. Modified Partansky does not explicitly teach (a) a bellows, (b) the bellows having inlet and outlet sides and (c) the bellows being mounted in the claimed location.
Regarding (a), Patten teaches that a current of air can be drawn through a material to be dried through either a fan or a bellows.
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the fan of modified Partansky for the bellows of Patten. One would have been motivated to do so since Patten teaches that a fan and bellows are equivalent devices for moving air. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See MPEP § 2143, B.
Regarding (b), Scott teaches a bellows having a lower flap valve in a lower paddle, which is considered to meet the claim limitation of an inlet side, and upper paddle that defines a nozzle through which air exits (figure), which is considered to meet the claim limitation of an outlet side. A rope is connected to the lower paddle, and folded section labeled as bellows connects the upper and lower paddles (figure). One of ordinary skill in the art would recognize that the lower paddle is expanded and contracted to force air through.
It would therefore have been obvious to one of ordinary in the art before the effective filing date of the claimed invention to use the bellows of Scott as the bellows of modified Partansky. One would have been motivated to do since Scott teaches a bellows that releases air through a nozzle. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See MPEP § 2143, B.
Regarding (c), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to locate the bellows in the claimed location. Rearrangement of parts where both arrangements are known equivalents is a design choice that gives predicable results. See MPEP § 2144.04 VI C.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Partansky (US 11,800,890) in view of Robertson (US 2,092,358) and Wu (US 2024/0156148) and Patten (US 6,550) and Scott (already of record) as applied to claim 24 above, and further in view of Richardt (US 2012/0237377).
Regarding claim 25, modified Partansky teaches all the claim limitations as set forth above. Modified Partansky does not explicitly teach the bellows having a plurality of nesting sleeve members.
Richardt teaches a bellows having a pump with conically tapering bellows that have several bellows elements that have a different diameter and can be pushed into an adjacent larger bellows element (abstract), which is considered to meet the claim limitation of nesting. The bellows has an inlet valve ([0036], figure 3, reference numeral 70) and an outlet valve ([0035], figure 3, reference numeral 25). Richardt additionally teaches that the bellows is easier to transport since it takes up relatively little space when compressed [0013].
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the bellows of modified Partansky for the bellows of Richardt. One would have been motivated to do so since Richardt teaches a bellows that can be reduced to a small size for easier transport.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Partansky (US 11,800,890) in view of Robertson (US 2,092,358) as applied to claim 20 above, and further in view of Quantum Alloys UK (already of record).
Regarding claim 29, modified Partansky teaches all the claim limitations as set forth above. Modified Partansky does not explicitly teach the nichrome wire having a thermal conductivity.
Quantum Alloys UK teaches a Nichrome 80/20 A resistance alloy used in electric heating applications with good hot strength (page 1, middle) that has a thermal conductivity (page 2, top), which is considered to meet the claim limitation of a heat conductive body.
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the Nichrome 80/20 A resistance alloy of Quantum Alloys UK as the heating wire of modified Partansky. One would have been motivated to do so since Quantum Alloys UK teaches a heating material that has good hot strength.
Response to Arguments
Regarding the rejections under 35 USC 103, applicant’s arguments have been fully considered but they are not persuasive. Applicant argues (a) that the dosing chamber and pump assembly cannot be a casing, (b) that the casing does not have a housing that accommodates part of the tube, and (c) that the dependent claims are allowable due to dependence on an allowable claim.
Regarding (a), applicant’s claimed casing is considered to correspond to the outer structure of the apparatus of Partansky. Partansky discloses that the entire outside of the apparatus is covered with solid plates or other structures (figure 3). Excluding the tube and the syringe itself, most of the remaining components of Partansky are held within the plates of the outer structure, indicating that they are within the casing. This includes the dosing chamber, which is shown as being defined by a structure surrounded by rectangular plates (figure 3, reference numeral 304). Although not directly shown, it is evident that the syringe must reach the dosing chamber since that is where the material dispensed through the syringe is portioned, and if the syringe began elsewhere the portions emitted by the syringe would not consistently correspond to the portions determined in the dosing chamber (column 9, line 28-58).
Regarding (b), the annular exterior exit of the exit valve of Partansky (figure 2, reference numeral 210) is considered a portion of the casing that defines a housing to receive the tube when modified by Robertson, which shows the tube being received inside the component that receives it (figure 3).
Regarding (c), all examined claims, including the examined independent claim, are rejected as set forth above.
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 RUSSELL E SPARKS whose telephone number is (571)270-1426. The examiner can normally be reached Monday-Friday, 9:00 am-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 571-270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUSSELL E SPARKS/ Primary Examiner, Art Unit 1755
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