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 .
Election/Restrictions
Applicant’s election without traverse of Group III in the reply filed on 8/20/2026 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 21 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 21 recites "a first valve in fluid communication with a first chamber and the device further comprises a second valve in fluid communication with a second chamber, wherein the first valve and the second valve are configured to independently adjust vapor flow from the respective first chamber and the second chamber." Examiner notes that claim 15 recites the vaporizer as having a "valve in fluid communication with each of the at least two chambers" in the last 4-5 lines. Claim 21 appears to require two independent valves that connect to a respective chamber (Figs. 11-14 embodiment) as opposed to a valve connected to each chamber (Figs. 2-10 embodiment). Claim 21 fails to include all the limitations of the claim upon which it dependent.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 15, 17, 18, 21-26, and 29-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greenbaum (US 2021/0084971).
Regarding claim 15, Greenbaum discloses a vaporizer device (see vaporizer 60, Fig. 5 or the vaporizer 240 in Fig. 11A-11C) comprising:
a vaporizer housing having at least two chambers, wherein each of the at least two chambers holds a respective substance configured to be vaporized (see vapor cartridges 62, 64, [0036]; or cartridges 242,244 in Fig. 11A);
a mouthpiece coupled to the housing and in fluid communication with each of the at least two chambers (mouthpiece 74, [0036]; mouthpiece 252, [0044]); and
a valve in fluid communication with each of the at least two chambers and the mouthpiece (see vapor mixing portion 84 which is a mixing valve that may be manually or computer controlled, [0036]; see vapor manifold 246 in Fig. 11A-11C), the valve configured to control vapor flow such that vaporized portions of the respective substances from each of the at least two chambers are mixed at respective percentages and flow through the mouthpiece (valve/adjustable vapor regulator is used to control the ratio of mixing, [0047,0051], claim 1).
Regarding claim 17, the vaporizer comprises at least two chamber openings (outlets of the cartridges) and a rotatable dial (see the adjustable vapor regulator in Figs. 11A-11C). The rotatable dial has at least two dial openings configured to rotate with respect to the at least two chamber openings (the vapor regulator has openings for the inlet and outlet). The percentages are altered based on the alignment of the openings with respect to the chamber openings ([0044], See Figs. 11A-11C).
Regarding claim 18, the inlet/outlet openings of the vapor regulator have different spacing than the openings of the chambers (see Figs. 11A-11C).
Regarding claim 21, Examiner notes that there are claim dependency issues as identified in the 112(d) rejection above. That said, Greenbaum discloses a vaporizer embodiment having independent valves in the Fig. 9.
Regarding claim 22, Greenbaum discloses a valve selector (see controller dial 14 in Fig. 1; touch screen control 22 in Fig. 2; interface button 56 in Fig. 4a).
Regarding claims 23, 24, and 30, Greenbaum discloses manual controller ([0031]; construed as mechanical switch) and computer controlled ([0036], construed as electrical switch with one or more buttons; see Figs. 2, 4a).
Regarding claim 25, Greenbaum has a mouthpiece outlet and valve manifold (see Fig. 4B).
Regarding claim 26, Greenbaum discloses first and second chambers connected via first and second manifold inlets (see 46, 48; [0035]).
Regarding claim 29, Greenbaum discloses a controller to control vaporization and vapor ratio ([0032,0035,0047]).
Regarding claim 31, Greenbaum discloses the cartridges include chambers and heating elements ([0045]).
Claims 15-17, 19, 22, 23, 30, and 31 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Solomon (US 20240049784)
Regarding claim 15, Solomon discloses a vaporizer device (see Fig. 1) comprising:
a vaporizer housing having at least two chambers, wherein each of the at least two chambers holds a respective substance configured to be vaporized (see two chambers in Fig. 2);
a mouthpiece coupled to the housing and in fluid communication with each of the at least two chambers (mouthpiece 20); and
a valve in fluid communication with each of the at least two chambers and the mouthpiece (see valve mounting area 37 with valve plate 60, [0046-0057]), the valve configured to control vapor flow such that vaporized portions of the respective substances. from each of the at least two chambers are mixed at respective percentages and flow through the mouthpiece (valve is used to control the ratio of mixing).
Regarding claim 16, the two chambers comprise a wick and heating element ([0052], Fig. 2).
Regarding claim 17, the valve comprises a rotatable dial including at least two dial openings configured to rotate with respect to the at least two chamber openings (see valve plate 60 with semi-circular openings that control percentages of vapor flow, see Fig. 5).
Regarding claim 19, the valve has stop points defining the range of rotation of the rotatable dial with respect to the housing (see Fig. 1 wherein the slider handle 34 protrudes through a flavor slot 33 that allows the slider to move within; the ends of the slot act as stops for the slider).
Regarding claims 22, 23, 30, Solomon discloses a mechanical valve selector that controls the ratio of vapors (see the slider 33/34 in Fig. 1, 5).
Regarding claim 31, the vaporizers comprise two chambers with their own heating elements (see Fig. 3 with chambers 41, 42 and heating elements 50).
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.
Claims 16 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Greenbaum (US 2021/0084971) in view of Solomon (US 20240049784).
Regarding claim 16, Greenbaum discloses the vaporization cartridges to ube used in the multichannel vaporizer generally have a main body with vaporizable formulation, heating element, and vapor output portion ([0045]). Greenbaum does not expressly disclose a "wick," however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the cartridge with a wick since Solomon discloses a wicking element that transports the vaporizable formulation to the heating element ([0052], Fig. 2). Examiner notes that wicking elements are extremely common and conventional in vaporization cartridges.
Regarding claim 27, Greenbaum discloses power source ([0027,0036], see battery 68). Greenbaum discloses a heating element but does not expressly disclose the cartridges as having a coil configured to vaporize the substances; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the cartridge with a wick since Solomon discloses an electrical heating element 50 in the form of a coil to vaporize the fluid ([0050]). Examiner notes that coil heating elements are extremely common and conventional in vaporization cartridges. One would have been motivated to employ a heating element structure known to be suitable for vaporizing fluid.
Claims 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Solomon (US 20240049784) in view of Brace (US 20160311602).
Regarding claims 18 and 20, Solomon does not disclose the spacing of the dial openings with respect to each other as differing from the spacing of the chamber openings with respect to each other or that the dial openings are fully aligned with chamber openings at the stop points. In addressing the same problem of controlling a variable ratio of two fluids, Brace discloses a variable ratio dual dispenser wherein plural openings are disposed around a rotatable dial, said openings being employed to control the ratio of fluid flow based on the alignment and misalignment of the dial openings relative to the fluid openings (see [0048-0055]). The openings allow for a user to set controlled ratios based on the opening sizes ([0053]). Examiner notes that the dial openings have spacing that differ from the spacing of dispensing openings 23, 26 and the openings permit full alignment to achieve 100/0 or 0/100 dispensing ratios ([0052-0053]). See also other dial opening configurations (see Fig. 11, 27). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the vaporizer of Solomon with a dial having openings with different spacings and openings that fully align/misalign with the chamber openings as claimed since Brace discloses providing a dial with a plurality of openings of varying sizes and spacing to permit users to select fixed mixing ratios between two fluid sources ([0048-0055]). As to the relationship with the stops, Solomon discloses the slider as having stops which coincide with 100% of a particular flavor source (see Fig. 1 wherein slider handle 34 protrudes through a flavor slot 33 that allows the slider to move within; the ends of the slot act as stops for the slider) and Brace discloses full alignment/misalignment for achieving 100%/0% product dispensing ([0052]).
Claims 28 and 32-34 are rejected under 35 U.S.C. 103 as being unpatentable over Greenbaum (US 2021/0084971) in view of Dickens (US 20170135401).
Regarding claims 28 and 32, Greenbaum does not expressly disclose the controller as controlling vaporization of the respective substances and does not disclose the controller as configured to control an amount of power supplied to the heating elements based on an amount of airflow. It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the controller to control the power supplied to the heating elements based on the airflow since Dickens, similarly directed towards an electronic vaporizer, teaches configuring the controller to control the power supplies to the vaporizer based on a detected airflow rate as a result of inhalation by the user ([0006]). Dickens discloses the control system allows the user control over the amount of vaporized liquid obtained in a given inhalation based on the cumulative airflow for a given inhalation ([0006]).
Regarding claim 33, Greenbaum and Dickens do not expressly disclose the cartridge chambers as refillable; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the chambers as refillable since Examiner takes Official Notice that it is well known and conventional to configured vaporization cartridges with a refillable chamber to enable to reuse of the cartridge.
Regarding claim 34, Examiner notes that circuit board, memory, and storage are extremely conventional parts of an electronic controller. Dickens discloses the controller has a circuit board, memory, and storage ([0034-0035]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619
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