Reissue
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
Status of Claims
Amended patent claims 1, 5, 7-9, 11, and 12, and original claims 2, 3, 6, and 10, are pending.
Improper Amendment in Reissue
The amendment filed 2 September 2026 proposes an amendment to claim 9 that does not comply with 37 CFR 1.173(b), which sets forth the manner of making amendments in reissue applications.
Specifically, claim 9 has been amended using double-brackets to indicate deleted subject matter. See line 7 of the amended claim. Only single brackets are permitted.
Defective Declaration
The reissue oath/declaration filed 2 September 2026 is defective because the error which is relied upon to support the reissue application is not an error upon which a reissue can be based. See 37 CFR 1.175 and MPEP § 1414.
The instant reissue application is a broadening reissue. For an application filed on or after September 16, 2012 that seeks to enlarge the scope of the claims of the patent, the reissue oath or declaration must also identify an original patent claim that the application seeks to broaden in the identification of the error that is relied upon to support the reissue application. A general statement, e.g., that all claims are broadened, is not sufficient to satisfy this requirement. In specifically identifying the error as required by 37 CFR 1.175(a), it is sufficient that the reissue oath/declaration identify the claim being broadened and a single word, phrase, or expression in the specification or in an original claim, and how it renders the original patent wholly or partly inoperative or invalid.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 9, added in the amendment to the specification (paragraph beginning at col.5, line 12); and 600, added in the amendment to the specification (paragraph beginning at col.7, line 22) both filed 2 September 2026. Neither of these reference numbers appear in the Figures. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 2 is 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.
The claim recites the chamber is “preferably an insulator.” Use of the term “preferably” renders the claim vague and indefinite because it is unclear if the presence of an insulator is required or merely optional.
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) 1, 2, and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0345629 to Mironov (hereinafter Mironov) in view of US 2017/0215478 to Harrison et al. (hereinafter Harrison) and US 2016/0255879 to Paprocki et al. (hereafter Paprocki).
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With respect to claim 1, Mironov teaches a vaporizer system comprising: a removable carriage 24 comprising a chamber 20 having an annular wall with and an open side (facing the heater unit 30) within the removable carriage, at least one intake inlet 13 (para [0008]) fluidly connected with the chamber, a tributary pathway 17 configured to connect the chamber to an inhalation opening 15, a base 11 comprising a receiver interface (opening of 19) which opens into a cartridge guide 19 to receive a carriage 24, a controller 16 and power supply 14 within the base, at least two heating elements 37 (Figure 7) oriented to cover the open side of the chamber when the carriage is fully inserted (para [0070; Figures 1d, 6b, and 16), and an insulator 34 separating the two heating elements (Figure 8; para [0082]). Note that Mironov discloses that the filaments 37 are bonded directly to the insulating substrate 34. Because the filaments are spaced from each other, the insulator 34 separates each filament from its neighbor. Finally, Mironov teaches that “[o]ne or more of the filaments may be dedicated temperature sensors” (para [0090]) and are “used to detect a change in the temperature of the heater element” which signal “can be used to regulate the power supplied to the heater element to ensure that it remains within a desired temperature range.” See para [0090].
Although Mironov discloses the heater is activated “while the device is in an “on” state” (para [0088]), Mironov does not expressly teach an on/off switch. Additionally, Mironov is silent to an insulative layer surrounding the chamber.
Harrison, like Mironov, teaches a vaporizing device 10. A depressible button is disclosed to initiate the heater 30 for vaporizing a material. See para [0040]. As an on/off switch, like that disclosed by Harrison, would have been a reliable means of permitting the user to initiate vaporization it would have been an obvious modification to the device of Mironov.
Paprocki is also pertinent to Mironov, teaching a vaporizing device 1 comprising multiple heating elements 20 surrounding an annular chamber defined by the interior walls of the heating elements. See Figures 3 and 4. Paprocki teaches an insulative layer may fill the space between outer and inner cylindrical walls 11,12 to insulate the outer housing 2 from the heating chamber 4, “so that the outer housing 2 does not become hot or at least too hot to touch during use.” See para [0054]. It would have been obvious to one of ordinary skill in the art to add an insulative layer surrounding the chamber of Mironov for the same purpose, to reduce heat from heater 30 from passing through the wall of base 11.
As to claim 2, the chamber 20 of Mironov is formed of fiberglass and either HDPE or PET (para [0072]), all of which are electrical insulators.
As to claim 5, the last two lines of the claim are considered to be an intended use of the device which does not further limit the structure of the device. Mironov teaches that the filaments are heated to “a desired temperature range” (para 0088]) and the temperature measurements “regulate the power supplied to the heater element to ensure that it remains within a desired temperature range” (para [0090]).
With respect to claim 6, Mironov is silent to an illumination communications system. However, this is disclosed by Harrison in a similar vaporization device. Harrison teaches the use of an LED indicator to give visual feedback to the user that vapor is being produced. See para [0056]. It would have been obvious to modify the apparatus of Mironov to include an LED indicator as Harrison teaches that it is often “difficult for users to tell if they are receiving vapor.”
As to claim 7, Mironov teaches “heat is generated in short bursts using high current pulses” (para [0088]).
Allowable Subject Matter
Claims 3 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 3, Mironov does not teach that the chamber is formed of quartz glass or high alumina ceramic. As the chamber of Mironov must have a capillary capacity, there is no teaching or suggestion of substituting a non-capillary material for that disclosed by Mironov.
With respect to claim 8, Mironov discloses activating all heating elements 37 simultaneously and there is no teaching or suggestion to activate them sequentially or any apparent benefit in doing so.
Claims 9-12 would be allowable if rewritten or amended to overcome the objection(s) set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Mironov discloses activating all heating elements 37 simultaneously and there is no teaching or suggestion to activate them separately or any apparent benefit in doing so. Paprocki discloses a device with separately operable heating elements but they do not cover an open side of a chamber, as required by claim 9.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 and 5-8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which Patent No. 11,647,566 is or was involved. These proceedings would include any trial before the Patent Trial and Appeal Board, interferences, reissues, reexaminations, supplemental examinations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to ELIZABETH MCKANE whose telephone number is
(571) 272-1275. The examiner can normally be reached on Mon-Thurs; 6:30 am -
4:30 pm.
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, Patricia Engle can be reached on 571-272-6660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH L MCKANE/Specialist, Art Unit 3991
Conferees:
/LEE E SANDERSON/Reexamination Specialist, Art Unit 3991
/Patricia L Engle/SPRS, Art Unit 3991
Prosecution Insights