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
Claims 12-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected groups II-III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/27/2026.
Applicant’s election without traverse of group I, claims 1-11 in the reply filed on 2/27/2026 is acknowledged.
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)(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) 1-2, 4, 6-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Czapar et al. (US 2021007407).
Regarding claim 1, Czapar discloses a method, comprising:
detecting insertion of a cartridge in a vaporizer body [0005-0007],
wherein the cartridge comprises a heating element configured to deliver heat to a vaporizable material contained in the cartridge, and wherein the heat causes vaporization of the vaporizable material [0005-0007];
determining, in response to detecting insertion of the cartridge, a first operational mode in a sequence of operational modes, wherein the first operational mode defines first parameters of the heating element; providing, on a display of the vaporizer body, an indication of the first operational mode; detecting removal of the cartridge from the vaporizer body [0005-0007];
providing, on the display of the vaporizer body and in response to detecting removal of the cartridge, an indication of the removal of the cartridge [0005-0007];
detecting, during a timeout period and following removal of the cartridge, reinsertion of the cartridge in the vaporizer body; incrementing, in response to detecting reinsertion of the cartridge during the timeout period, the operational mode to a second operational mode in the sequence of operational modes, wherein the second operational mode defines second parameters of the heating element; and providing, on the display of the vaporizer body, an indication of the second operational mode [0005-0007].
Regarding claim 2. Czapar discloses operating, in response to a user puff on the cartridge, the vaporizer body in accordance with the second parameters [0065].
Regarding claim 4, Czapar discloses wherein the first parameters of the heating element comprise a first setpoint temperature and/or the second parameters of the heating element comprise a second setpoint temperature [0005-0007].
Regarding claim 6, Czapar discloses wherein determining a first operational mode in the sequence of operational modes comprises at least one of accessing data stored on a data tag of the cartridge, accessing a memory component in the vaporizer body, and receiving the first parameters of the heating element from a device in communication with the vaporizer body [0008].
Regarding claim 7, Czapar discloses wherein the display comprises a plurality of light- emitting diodes, wherein the indication of the first operational mode comprises a first predefined pattern of illumination of the plurality of light-emitting diodes, and wherein the indication of the second operational mode comprises a second predefined pattern of illumination of the plurality of light-emitting diodes pattern ([0005-0007 ] and [0034]).
Regarding claim 8, Czapar discloses wherein the display comprises a plurality of light- emitting diodes, and wherein the indication of the removal of the cartridge comprises the plurality of light-emitting diodes illuminated in a predefined cartridge removal pattern ([0005-0007 ] and [0034]).
Regarding claim 9, Czapar discloses wherein the indication of the second operational mode interrupts the indication of the removal of the cartridge [0008].
Regarding claim 10, Czapar discloses wherein the sequence of operational modes defines a series of operational modes including at least the first operational mode and the second operational mode (Abstract ([0005-0007]).
Regarding claim 11, Czapar further discloses detecting a second removal of the cartridge from the vaporizer body; providing, on the display of the vaporizer body and in response to detecting the second removal of the cartridge, an indication of the second removal of the cartridge; detecting, during a second timeout period and following the second removal of the cartridge, reinsertion of the cartridge in the vaporizer body; incrementing, in response to detecting reinsertion of the cartridge during the second timeout period, the second operational mode to a third operational mode in the sequence of operational modes; and providing, on the display of the vaporizer body, an indication of the third operational mode [0008].
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) 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of Czapar et al. (US 2021007407).
Regarding claim 3. (Original) The method of claim 1, wherein the first parameters of the heating element comprise a first setpoint temperature and/or the second parameters of the heating element comprise a second setpoint temperature [0005-0007]. It would have been obvious to one of ordinary skill in the art at the time the invention was made that a first setpoint temperature and/or a second setpoint temperature produces a first heating curve over a period of time and/or the second parameters of the heating element comprise a second heating curve over the period of time
Regarding claim 5, Czapar discloses that the setpoint temperatures affects the strength of vapor being produced by the device and a user may adjust the temperature intuitive and simple method to adjust the setpoint temperature [0019-0020] and the device comprises pressure sensor configured to sense inhaling by a user [0035]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of Czapar so that the first parameters of the heating element and/or the second parameters of the heating element are based on user inhale strength.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
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/PHU H NGUYEN/Examiner, Art Unit 1747
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