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 Submission
Applicant’s submission filed on 2026 August 10 has been entered. Claims 1-11 and 21-30 are pending.
Claim Objections
Claims 9 and 29 are objected to because of the following informalities:
Claim 9: the terms “a mouthpiece component” and “a material storage component” should be “the mouthpiece component” and “the material storage component” to point to the same “mouthpiece component” and “material storage component” recited in claim 8.
Claim 29: “a lumen formed in the concentrate vaporization element” is suggested to be “a second lumen…” or “a vaporization lumen…” to differentiate the term from the mouthpiece lumen recited in claim 21.
Appropriate correction is required.
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 29 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 29: the claim recites that “the mouthpiece component includes a reservoir that extends laterally from a terminating end of a lumen formed in the concentrate vaporization element, the reservoir is adapted to operate as a retention basin for maintaining small portions of concentrate material that propagated through the lumen to increase effectiveness for preventing a solid or liquid material from being released through a vapor outlet within the mouthpiece component” which is recited in its entirety in parent claim 21.
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 § 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 1-6, 8-11, and 21-30 are rejected under 35 U.S.C. 103 as being unpatentable over Casselman (US 20210345668 A1) in view of Potter (US 20200324066 A1) and Jiang (CN 118592662 A with reference made to machine translation).
Claims 1 and 3: Casselman teaches a system (fig. 1A and [57]) for vaporizing consumable materials, comprising:
a power system (electronics of 110) configured to:
(i) detect a type of ([119], the device detects a type of vaporizer cartridge #120) vapor delivery system (120) having a consumable material removably ([4], the vaporizer cartridge #120 can be separable) attached to the power system (electronics of 110),
(ii) supply power to ([119], the device supplies a heating profile to each vaporizer cartridge #120) a first vapor delivery system (120) selected for attachment to the power system (electronics of 110), and
(iii) automatically adjust an amount of power supplied to (each heating profile is customized to each vaporizer cartridge #120) the first vapor delivery system (120) based on the type of vapor delivery system corresponding to the first vapor delivery system (120);
and a plurality of vapor delivery systems ([118], the device uses multiple types of vaporizer cartridge #120) configured to contain different consumable materials, wherein each of the plurality of vapor delivery systems (fig. 1A and [57], #120) is configured to be physically coupled to the power system (electronics of 110) and includes (i) a material storage component (140) configured to contain the consumable material (102) and (ii) a mouthpiece component (130) that is removably coupled to ([77], the mouthpiece #130 can be removable from the vapor delivery system #120) the material storage component (140) and includes a channel ([63], mouthpiece #130’s portion of the airflow path) extending from a vapor outlet (air outlet) located at a distal end (end closest to user) of the mouthpiece component (130) to an entry (opening through which air enters mouthpiece #130) of the channel more proximate to the consumable material (102) than the vapor outlet (air outlet);
wherein the mouthpiece component (fig. 8 and [93] show an example embodiment of the mouthpiece #130) includes a reservoir (internal volume of 130) that extends laterally from a terminating end (fig. 14-15, topmost end of #402 and #408) formed in the concentrate vaporization element (402 and 408), the reservoir (internal volume of 130) is adapted to operate as a retention basin for maintaining small portions of concentrate material (the reservoir is capable of retaining small portions of vaporized concentrate material which pass therethrough as in [63]) that propagated from the concentrate vaporization element (fig. 1A, #141) to increase effectiveness for preventing a solid material ([63], consumable material #102 is delivered to a user in the gaseous phase and against the direction of gravity such that delivery of solid material is hindered) from being released through a vapor outlet (air outlet) within the mouthpiece component (130);
wherein each vapor delivery system (120) of the plurality of vapor delivery systems is configured to be removably coupled and electrically connected to the power system (internal electronics of 110), and when coupled to the power system (internal electronics of 110), the first vapor delivery system (120) of the plurality of vapor delivery systems is configured to receive the amount of power from the power system to vaporize the consumable material contained within the first vapor delivery system [119],
the material storage component (fig. 1A and [57], #140) including one or more heating elements (141).
Casselman does not explicitly teach that the channel is a lumen, a filter is positioned at the entry of the lumen, and the terminating end is of a lumen,
wherein the filter is configured to prevent solid or liquid material associated with the consumable material from reaching a user's mouth.
Potter teaches a vapor delivery system (fig. 4a-b and [96-97]) comprising a material storage component (400) and a mouthpiece component (500) that includes a lumen (590) extending from a vapor outlet (rightmost opening of 590) located at a distal end of the mouthpiece component (500) to a filter ([94], #404 is a mesh filter) positioned at an entry of the lumen (590) and more proximate to a consumable material (30 which is stored in 430) than the vapor outlet (rightmost opening of 590),
wherein the filter is configured to prevent solid material associated with the consumable material from reaching a user’s mouth [94],
such that the filter prevents the consumable material from being inhaled by a user [94] and such that the lumen improves aerosol flow quality by way of particle size, extent of condensation, and temperature [104].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to specify that Casselman’s channel is in the shape of a lumen as taught by Potter and to add Potter’s filter to Casselman’s channel inlet, because doing so would prevent the consumable material from being inhaled by a user and would improve aerosol flow quality by way of particle size, extent of condensation, and temperature.
Jiang teaches a system (title) for vaporizing consumable materials comprising a concentrate vaporization element (fig. 3 and [66], #11) comprising a lumen (15), such that the cylindrical shape of the lumen increases a surface area of the concentrate vaporization element in order to facilitate vaporization [72].
Casselman’s and Jiang’s concentration vaporization elements both comprise a wick (Casselman fig. 14-15 and [109], #402; Jiang fig. 3 and [57], #11) and a heater (Casselman fig. 14-15 and [109], #408; Jiang fig. 3 and [66], #13) to yield expectation to succeed.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add Jiang’s lumen to Casselman’s concentrate vaporization element, because doing so would increase a surface area of the concentrate vaporization element in order to facilitate vaporization.
Claim 2: modified Casselman teaches the system of claim 1, wherein the plurality of vapor delivery systems includes at least the first vapor delivery system (fig. 1A, first instance of #120) configured to contain a first consumable material (first instance of 102) in a liquid form ([57], #102 may be in liquid form) and a second vapor delivery system (second instance of 120) configured to contain a second consumable material (second instance of 102) different than the first consumable material ([57], #102 may be in solid form).
Claim 4: modified Casselman teaches the system of claim 3, wherein the first vapor delivery system (fig. 1A, #120) further comprises:
an elongated member (fig. 14-15 and [109] show an example embodiment of a vaporizer cartridge #420 which comprises an elongated member #402 and #408) including a first end (topmost end of 402) and a second end (bottommost end of 408) that features one or more heating elements (408) in contact with the consumable material (contained in 440) when the first end (topmost end of 402) is coupled to the mouthpiece component (topmost component which is not labeled).
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Claim 5: modified Casselman teaches the system of claim 1, wherein the power system (fig. 1A and [57], electronics of #110) is configured to heat a chamber (chamber enclosed by 140) of the first vapor delivery system (first instance of 120) at a prescribed vaporization temperature ([119], target temperature) and in accordance with a prescribed power map (heating temperature profile) to vaporize the consumable material being a flower material ([62], consumable material #102 can be a solid plant material, so the device is capable of vaporizing a flower material).
Claim 6: modified Casselman teaches the system of claim 1, wherein the first vapor delivery system (fig. 1A and [57], #120) includes a cartridge (140) with the consumable material (contained in 140) and an adapter (124a) to vaporize (#120 vaporizes the consumable material; the recited adapter need not be configured to vaporize) the consumable material (contained in 140), the adapter (124a) is configured to electrically connect to the power system (electronics of 110) and interposed between the cartridge (140) and the power system (electronics of 110).
Claim 8: Casselman teaches a system (fig. 1A and [57]) comprising:
a vapor delivery system (120) including (i) a heating element (141), (ii) a material storage component (140) configured to contain consumable material (102), and (iii) a mouthpiece component (130) that is removably coupled to ([77], the mouthpiece component #130 can be separable from the vapor delivery system #120) the material storage component (140) and includes a lumen ([63], mouthpiece #130’s portion of the airflow path) extending from a vapor outlet (air outlet) located at a distal end (end closest to user) of the mouthpiece component (130) to an entry (opening through which air enters mouthpiece #130) of the lumen more proximate to the consumable material (102) than the vapor outlet (air outlet),
wherein the mouthpiece component (fig. 8 and [93] show an example embodiment of the mouthpiece #130) includes a reservoir (internal volume of 130) that extends laterally from a terminating end (fig. 14-15, topmost end of #402 and #408) formed in the concentrate vaporization element (402 and 408), the reservoir (internal volume of 130) is adapted to operate as a retention basin for maintaining small portions of concentrate material (the reservoir is capable of retaining small portions of vaporized concentrate material which pass therethrough as in [63]) that propagated from the concentrate vaporization element (fig. 1A, #141) to increase effectiveness for preventing a solid material ([63], consumable material #102 is delivered to a user in the gaseous phase and against the direction of gravity such that delivery of solid material is hindered) from being released through a vapor outlet (air outlet) within the mouthpiece component (130);
and a power system (electronics of 110) removably ([4], the vaporizer cartridge #120 can be separable) and electrically coupled to the vapor delivery system (120), the power system (electronics of 110) is configured to:
(i) detect ([119], the device detects a type of vaporizer cartridge #120) a vapor delivery system (120) type upon insertion into the power system (electronics of 110) and automatically adjusts power settings (the device supplies a customized heating profile to each vaporizer cartridge #120) based on the detected vapor delivery system (120) type,
(ii) select a power map (heating profile) based on the detected vapor delivery system (120) type, and
(iii) supply power to the heating element (141) of the vapor delivery system (120) in accordance with the power map (heating profile).
Casselman does not explicitly teach a filter positioned at the entry of the lumen,
and that the terminating end is of a lumen.
Potter teaches a vapor delivery system (fig. 4a-b and [96-97]) comprising a material storage component (400) and a mouthpiece component (500) that includes a lumen (590) extending from a vapor outlet (rightmost opening of 590) located at a distal end of the mouthpiece component (500) to a filter ([94], #404 is a mesh filter) positioned at an entry of the lumen (590) and more proximate to a consumable material (30 which is stored in 430) than the vapor outlet (rightmost opening of 590), such that the filter prevents the consumable material from being inhaled by a user [94] and such that the lumen improves aerosol flow quality by way of particle size, extent of condensation, and temperature [104].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to specify that Casselman’s channel is in the shape of a lumen as taught by Potter and to add Potter’s filter to Casselman’s channel inlet, because doing so would prevent the consumable material from being inhaled by a user and would improve aerosol flow quality by way of particle size, extent of condensation, and temperature.
Jiang teaches a system (title) for vaporizing consumable materials comprising a concentrate vaporization element (fig. 3 and [66], #11) comprising a lumen (15), such that the cylindrical shape of the lumen increases a surface area of the concentrate vaporization element in order to facilitate vaporization [72].
Casselman’s and Jiang’s concentration vaporization elements both comprise a wick (Casselman fig. 14-15 and [109], #402; Jiang fig. 3 and [57], #11) and a heater (Casselman fig. 14-15 and [109], #408; Jiang fig. 3 and [66], #13) to yield expectation to succeed.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add Jiang’s lumen to Casselman’s concentrate vaporization element, because doing so would increase a surface area of the concentrate vaporization element in order to facilitate vaporization.
Claim 9: modified Casselman teaches the system of claim 8, wherein the material storage component (fig. 1A, #140) features a concentrate vaporization element (141) coupled to (fig. 14-15 and [109] show an example embodiment of a vapor delivery system #420, wherein vaporization element comprising #402 and #408 is coupled to topmost mouthpiece component which is not labeled) the mouthpiece component (topmost element which is not labeled), the concentrate vaporization element (402 and 408) includes an elongated member (402 and 408) having a first end (topmost end of 402) removably ([77], the mouthpiece #130/topmost element can be separable from the vaporizer cartridge #120/#420) coupled to the mouthpiece component (topmost element which is not labeled) and a second end (bottommost end of 408) that includes the heating element (408) and is configured to make contact with the consumable material (contained in 440) when the vapor delivery system (420) is attached to the power system (fig. 1A, electronics of #110).
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Claim 10: modified Casselman teaches the system of claim 9, wherein the second end (fig. 14-15, bottommost end of #408) of the elongated member (402 and 408) is positioned to partially reside within a cavity region of the material storage component (440) containing the consumable material (102 which is contained in 440) being a concentrate material ([57], #102 can be in a condensed form) for heating and vaporization [57].
Claim 11: modified Casselman teaches the system of claim 8, wherein the power system comprises (fig. 1A, electronics of #110) one or more temperature sensing components ([72], the electronics of #110 can measure a resistance of the heating element which yields a temperature of the heating element) to measure a temperature of a structure (heating element) including the consumable material (the heating element absorbs consumable material by wicking as in [101]) within the vapor delivery system (120) and one or more power throttling control components ([72], the electronics of #110 can control a temperature of the heating element) to regulate the temperature to vaporize the consumable material (102) without overheating (the heating element is controlled, so the heating element does not heat-damage the vapor delivery system) an exterior of the vapor delivery system (120).
Claim 21: Casselman teaches a system (fig. 1A and [57]) for vaporizing consumable materials, comprising:
a vapor delivery system (120) including (i) a heating element (141), (ii) a material storage component (140) configured to contain consumable material (102), and (iii) a mouthpiece component (130) that is removably coupled to ([77], the mouthpiece component #130 can be separable from the vapor delivery system #120) the material storage component (140) and includes a lumen ([63], mouthpiece #130’s portion of the airflow path) extending from a vapor outlet (air outlet) located at a distal end (end closest to user) of the mouthpiece component (130) to an entry (opening through which air enters mouthpiece #130) of the lumen more proximate to the consumable material (102) than the vapor outlet (air outlet),
wherein the mouthpiece component (fig. 8 and [93] show an example embodiment of the mouthpiece #130) includes a reservoir (internal volume of 130) that extends laterally from a terminating end (fig. 14-15, topmost end of #402 and #408) formed in the concentrate vaporization element (402 and 408), the reservoir (internal volume of 130) is adapted to operate as a retention basin for maintaining small portions of concentrate material (the reservoir is capable of retaining small portions of vaporized concentrate material which pass therethrough as in [63]) that propagated from the concentrate vaporization element (fig. 1A, #141) to increase effectiveness for preventing a solid material ([63], consumable material #102 is delivered to a user in the gaseous phase and against the direction of gravity such that delivery of solid material is hindered) from being released through a vapor outlet (air outlet) within the mouthpiece component (130);
and a power system (electronics of 110) removably ([4], the vaporizer cartridge #120 can be separable) coupled and electrically connected to the vapor delivery system (electronics of 110), the power system (electronics of 110) is configured to:
(i) detect a type of ([119], the device detects a type of vaporizer cartridge #120) vapor delivery system (120) removably ([4], the vaporizer cartridge #120 can be separable) attached to the power system (electronics of 110),
(ii) supply power ([119], the device supplies a heating profile to each vaporizer cartridge #120) to the vapor delivery system (120), and
(iii) automatically adjust an amount of power supplied (each heating profile is customized to each vaporizer cartridge #120) to the vapor delivery system (120) based on the type to vaporize the consumable material [119].
Casselman does not explicitly teach a filter positioned at an entry of the lumen, and that the terminating end is of a lumen.
Potter teaches a vapor delivery system (fig. 4a-b and [96-97]) comprising a material storage component (400) and a mouthpiece component (500) that includes a lumen (590) extending from a vapor outlet (rightmost opening of 590) located at a distal end of the mouthpiece component (500) to a filter ([94], #404 is a mesh filter) positioned at an entry of the lumen (590) and more proximate to a consumable material (30 which is stored in 430) than the vapor outlet (rightmost opening of 590), such that the filter prevents the consumable material from being inhaled by a user [94] and such that the lumen improves aerosol flow quality by way of particle size, extent of condensation, and temperature [104].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to specify that Casselman’s channel is in the shape of a lumen as taught by Potter and to add Potter’s filter to Casselman’s channel inlet, because doing so would prevent the consumable material from being inhaled by a user and would improve aerosol flow quality by way of particle size, extent of condensation, and temperature.
Jiang teaches a system (title) for vaporizing consumable materials comprising a concentrate vaporization element (fig. 3 and [66], #11) comprising a lumen (15), such that the cylindrical shape of the lumen increases a surface area of the concentrate vaporization element in order to facilitate vaporization [72].
Casselman’s and Jiang’s concentration vaporization elements both comprise a wick (Casselman fig. 14-15 and [109], #402; Jiang fig. 3 and [57], #11) and a heater (Casselman fig. 14-15 and [109], #408; Jiang fig. 3 and [66], #13) to yield expectation to succeed.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add Jiang’s lumen to Casselman’s concentrate vaporization element, because doing so would increase a surface area of the concentrate vaporization element in order to facilitate vaporization.
Claim 22: modified Casselman teaches the system of claim 21, wherein the concentrate vaporization element (fig. 1A and [57], #141) includes an elongated member (fig. 14-15 and [109] show an example embodiment of the vaporizer cartridge #420 which comprises an elongated member #402 and #408) with a first end (topmost end of 402) removably ([77], the mouthpiece #130/topmost element can be separable from the vaporizer cartridge #120/#420) coupled to the mouthpiece component (topmost element) and a second end (bottommost end of 408).
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Claim 23: modified Casselman teaches the system of claim 22, wherein the second end (fig. 14-15, bottommost end of #408) of the concentrate vaporization element (402 and 408) is arranged to contact the concentrate material (102 which is contained in 440) when the first end (topmost end of 402) of the elongated member (402 and 408) is attached to the mouthpiece component (topmost element) and the first vapor delivery system (fig. 1A, #120) is attached to the power system (electronics of 110) and one or more heating elements (fig. 14-15, #408) are positioned within the concentrate vaporization element (402 and 408) and configured to receive power from the power system (electronics of 110).
Claim 24: modified Casselman teaches the system of claim 23, wherein the material storage component (fig. 1A, #140) includes an electrical connection (124a) configured to supply power [57] from the power system (electronics of 110) to the one or more heating elements (141).
Claim 25: modified Casselman teaches the system of claim 22.
Modified Casselman does not explicitly teach that the material storage component of the concentrate vaporization element further comprises a removable insert maintaining the concentrate material for removal and cleaning.
Casselman teaches, in an alternative embodiment, a material storage component (fig. 1A, #140) of the concentrate vaporization element (120) comprising a removable insert (fig. 3 and [93], stopper #210 can removably block a fill port of the material storage component #140) maintaining the concentrate material (stopper #210 secures concentrate material #102 within material storage component #140) for removal and cleaning (the concentrate material 102 is capable of being removed and cleaned), such that the removable inserts prevents concentrate material from leaking [93].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add Casselman’s removable insert maintaining the concentrate material for removal and cleaning to the material storage embodiment of Casselman fig. 14-15, because doing so would prevent concentrate material from leaking.
Claim 26: modified Casselman teaches the system of claim 21, wherein the power system comprises power throttling control components ([72], the electronics of #110 can control a temperature of the heating element) configured to control heating of the concentrate material within the material storage component (fig. 1A, #140) prior to inhalation in accordance with a power map ([119], heating profile).
Claim 27: modified Casselman teaches the system of claim 26, wherein the power map ([119], heating profile) controls changes in power level or time to one or more heating elements (fig. 1A, #141) positioned within a concentrate vaporization element (120).
Claim 28: modified Casselman teaches the system of claim 27, wherein the power throttling control components ([72], the electronics of #110 can control a temperature of the heating element) are configured to automatically throttle a supply of power to the concentrate vaporization element (fig. 1A, #120) when the concentrate material (102 which is contained in 140) reaches a prescribed temperature (the temperature is controlled in accordance with a heating profile as in [119]).
Claim 29: modified Casselman teaches the system of claim 21.
Claim 30: modified Casselman teaches the system of claim 21 further comprising one or more temperature sensing components ([72], the electronics of #110 can measure a resistance of the heating element which yields a temperature of the heating element) configured to provide real-time feedback to the power system (electronics of 110) for adjusting power output to maintain a vaporization temperature (the electronics of 110 can control a temperature of the heating element).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Casselman (US 20210345668 A1) in view of Potter (US 20200324066 A1) and Jiang (CN 118592662 A with reference made to machine translation) as applied to claim 1 in further view of Ferrie (WO 2020193222 A1).
Claim 7: modified Casselman teaches the system of claim 1, wherein the power system (fig. 1A and [66], electronics of #110) includes a display (117) for displaying information including a heating temperature for the consumable material, a power level applied to the heating element of the first vapor delivery system, or the first vapor delivery system being a particular type of vapor delivery system ([81], the display #117 indicates device statuses, so the display #117 is capable of displaying a customized heating temperature, a customized power level, or a type of vapor delivery system).
Casselman does not explicitly teach that the display is a display screen.
Ferrie teaches a system (fig. 1 and [107-108]) for vaporizing consumable materials comprising a display (107) which can be equivalent alternatives of LEDs or a display screen [108].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to substitute Ferrie’s display screen for Casselman’s display LEDs, because doing so would be a simple substitution of display elements between systems for vaporizing consumable materials.
Double Patenting
Claims 1-11, 21-24, and 26-30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 22-25 and 27-28 of copending Application No. 19/032082 in view of Potter (US 20200324066 A1) and Jiang (CN 118592662 A with reference made to machine translation).
Claim 1: ‘082 recites a system (claim 22, system) for vaporizing consumable materials, comprising:
a power system (master smart battery) configured to (i) detect a type of vapor delivery system (pod) having a consumable material removably attached to the power system, (ii) supply power to a first vapor delivery system (first pod) selected for attachment to the power system, and (iii) automatically adjust an amount of power supplied to the first vapor delivery system (first pod) based on the type of vapor delivery system corresponding to the first vapor delivery system (first pod);
and a plurality of vapor delivery systems (plurality of pods) configured to contain different consumable materials, wherein each of the plurality of vapor delivery systems is configured to be physically coupled (removably coupled) to the power system and includes a material storage component (the component which contains consumable material) configured to contain the consumable material, wherein each vapor delivery system of the plurality of vapor delivery systems (plurality of pods) is configured to be removably coupled and electrically connected to the power system (master smart battery), and when coupled to the power system, the first vapor delivery system of the plurality of vapor delivery systems is configured to receive the amount of power from the power system to vaporize (heat for smoking) the consumable material contained within the first vapor delivery system.
‘082 does not recite a mouthpiece component that is removably coupled to the material storage component and includes a lumen extending from a vapor outlet located at a distal end of the mouthpiece component to a filter positioned at an entry of the lumen and more proximate to the consumable material than the vapor outlet,
wherein the mouthpiece component further includes a reservoir that extends laterally from a terminating end of a lumen formed in a concentrate vaporization element of the first vapor delivery system, the reservoir is adapted to operate as a retention basin for maintaining small portions of concentrate material that propagated through the lumen to increase effectiveness for preventing a solid or liquid material from being released through the vapor outlet within the mouthpiece component.
Potter teaches a vapor delivery system (fig. 4a-b and [96-97]) comprising a mouthpiece component (500) that is removably coupled [101] to a material storage component (400) and includes a lumen (590) extending from a vapor outlet (rightmost opening of 590) located at a distal end of the mouthpiece component (500) to a filter ([94], #404 is a mesh filter) positioned at an entry of the lumen (590) and more proximate to a consumable material (30 which is stored in 430) than the vapor outlet (rightmost opening of 590), wherein the filter is configured to prevent solid material associated with the consumable material from reaching a user’s mouth [94];
wherein the mouthpiece component (500) includes a reservoir (internal volume of 500) that extends laterally from a terminating end (fig. 2, end of #200 which receives #500) formed in a concentrate vaporization element (200), the reservoir (internal volume of 500) is adapted to operate as a retention basin for maintaining small portions of concentrate material (the reservoir is capable of retaining small portions of vaporized concentrate material which pass therethrough as in [94]) that propagated from the concentrate vaporization element (200) to increase effectiveness for preventing a solid material ([94], tobacco material is prevented from exiting) from being released through a vapor outlet (fig. 4a-b and [94], #590) within the mouthpiece component (500),
such that the filter prevents the consumable material from being inhaled by a user [94] and such that the lumen improves aerosol flow quality by way of particl e size, extent of condensation, and temperature [104].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add, to ‘082’s system, Potter’s mouthpiece component that is removably coupled to the material storage component and includes a lumen extending from a vapor outlet located at a distal end of the mouthpiece component to a filter positioned at an entry of the lumen and more proximate to the consumable material than the vapor outlet, wherein the mouthpiece component further includes a reservoir that extends laterally from a terminating end of a lumen formed in a concentrate vaporization element of the first vapor delivery system, the reservoir is adapted to operate as a retention basin for maintaining small portions of concentrate material that propagated through the lumen to increase effectiveness for preventing a solid or liquid material from being released through the vapor outlet within the mouthpiece component, because doing so would prevent the consumable material from being inhaled by a user and would improve aerosol flow quality by way of particle size, extent of condensation, and temperature.
Jiang teaches a system (title) for vaporizing consumable materials comprising a concentrate vaporization element (fig. 3 and [66], #11) comprising a lumen (15), such that the cylindrical shape of the lumen increases a surface area of the concentrate vaporization element in order to facilitate vaporization [72].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add Jiang’s lumen to Casselman’s concentrate vaporization element, because doing so would increase a surface area of the concentrate vaporization element in order to facilitate vaporization.
Claim 2: modified ‘082 teaches the system of claim 1, wherein the plurality of vapor delivery systems (claim 22, plurality of pods) includes at least the first vapor delivery system (claim 23, first pod) configured to contain a first consumable material in a liquid form and a second vapor delivery system (second pod) configured to contain a second consumable material different than the first consumable material.
Claim 3: modified ‘082 teaches the system of claim 1, wherein the filter (Potter fig. 4a-b, #404 and claim 24, filter) is configured to prevent solid or liquid material associated with the consumable material from reaching a user's mouth, and the material storage component (heating chamber) includes including one or more heating elements.
Claim 4: modified ‘082 teaches the system of claim 3, wherein the first vapor delivery system further comprises: an elongated member (claim 25, heating tip) including a first end and a second end that features one or more heating elements (heating coils) in contact with the consumable material when the first end is coupled to the mouthpiece component.
Claim 5: modified ‘082 teaches the system of claim 1, wherein the power system (claim 22, master smart battery) is configured to heat a chamber of the first vapor delivery system (first pod) at a prescribed vaporization temperature (amount of power) and in accordance with a prescribed power map to vaporize the consumable material being a flower material (claim 26).
Claim 6: modified ‘082 teaches the system of claim 1, wherein the first vapor delivery system (claim 27, first pod) includes a cartridge with the consumable material and an adapter to vaporize the consumable materials, the adapter is configured to electrically connect to the power system (master smart battery) and interposed between the cartridge and the power system.
Claim 7: modified ‘082 teaches the system of claim 1, wherein the power system (claim 28, master smart battery) includes a display screen (display screen) for displaying information including a heating temperature for the consumable material, a power level applied to the heating element of the first vapor delivery system, or the first vapor delivery system being a particular type of vapor delivery system.
Claim 8: ‘082 recites a system (claim 22, system) comprising: a vapor delivery system (pod) including
(i) a heating element (heating element),
(ii) a material storage component (the component which contains consumable material) configured to contain consumable material;
and a power system (master smart battery) removably (removably coupled) and electrically coupled (electrically connected) to the vapor delivery system (pod), the power system (master smart battery) is configured to (i) detect a vapor delivery system (pod) type upon insertion into the power system and automatically adjusts power settings based on the detected vapor delivery system type, (ii) select a power map (adjust an amount of power) based on the detected vapor delivery system type, and (iii) supply power (adjust an amount of power) to the heating element of the vapor delivery system in accordance with the power map.
‘082 does not recite a mouthpiece component that is removably coupled to the material storage component and includes a lumen extending from a vapor outlet located at a distal end of the mouthpiece component to a filter positioned at an entry of the lumen and more proximate to the consumable material than the vapor outlet,
wherein the mouthpiece component further includes a reservoir that extends laterally from a terminating end of a lumen formed in a concentrate vaporization element of the first vapor delivery system, the reservoir is adapted to operate as a retention basin for maintaining small portions of concentrate material that propagated through the lumen to increase effectiveness for preventing a solid or liquid material from being released through the vapor outlet within the mouthpiece component.
Potter teaches a vapor delivery system (fig. 4a-b and [96-97]) comprising a mouthpiece component (500) that is removably coupled [101] to a material storage component (400) and includes a lumen (590) extending from a vapor outlet (rightmost opening of 590) located at a distal end of the mouthpiece component (500) to a filter ([94], #404 is a mesh filter) positioned at an entry of the lumen (590) and more proximate to a consumable material (30 which is stored in 430) than the vapor outlet (rightmost opening of 590), wherein the filter is configured to prevent solid material associated with the consumable material from reaching a user’s mouth [94];
wherein the mouthpiece component (500) includes a reservoir (internal volume of 500) that extends laterally from a terminating end (fig. 2, end of #200 which receives #500) formed in a concentrate vaporization element (200), the reservoir (internal volume of 500) is adapted to operate as a retention basin for maintaining small portions of concentrate material (the reservoir is capable of retaining small portions of vaporized concentrate material which pass therethrough as in [94]) that propagated from the concentrate vaporization element (200) to increase effectiveness for preventing a solid material ([94], tobacco material is prevented from exiting) from being released through a vapor outlet (fig. 4a-b and [94], #590) within the mouthpiece component (500),
such that the filter prevents the consumable material from being inhaled by a user [94] and such that the lumen improves aerosol flow quality by way of particle size, extent of condensation, and temperature [104].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add, to ‘082’s system, Potter’s mouthpiece component that is removably coupled to the material storage component and includes a lumen extending from a vapor outlet located at a distal end of the mouthpiece component to a filter positioned at an entry of the lumen and more proximate to the consumable material than the vapor outlet, wherein the mouthpiece component further includes a reservoir that extends laterally from a terminating end of a lumen formed in a concentrate vaporization element of the first vapor delivery system, the reservoir is adapted to operate as a retention basin for maintaining small portions of concentrate material that propagated through the lumen to increase effectiveness for preventing a solid or liquid material from being released through the vapor outlet within the mouthpiece component, because doing so would prevent the consumable material from being inhaled by a user and would improve aerosol flow quality by way of particle size, extent of condensation, and temperature.
Jiang teaches a system (title) for vaporizing consumable materials comprising a concentrate vaporization element (fig. 3 and [66], #11) comprising a lumen (15), such that the cylindrical shape of the lumen increases a surface area of the concentrate vaporization element in order to facilitate vaporization [72].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add Jiang’s lumen to Casselman’s concentrate vaporization element, because doing so would increase a surface area of the concentrate vaporization element in order to facilitate vaporization.
Claim 9: modified ‘082 teaches the system of claim 8, wherein the material storage component (claim 25, first pod component which stores consumable material) features a concentrate vaporization element (heating tip) coupled to the mouthpiece component, the concentrate vaporization element includes an elongated member (heating tip) having a first end coupled to the mouthpiece component and a second end that includes the heating element (heating coils) and is configured to make contact with the consumable material when the vapor delivery system (first pod) is attached to the power system (master smart battery).
Making the elongated member removable would be desirable to enable cleaning of the device. See MPEP 2144.04(V)(C): In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). The courts have held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose."
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to make the elongated member removable, because doing so would be a patentably indistinct act of making separable.
Claim 10: modified ‘082 teaches the system of claim 9, wherein the second end of the elongated member is positioned to partially reside within a cavity region of the material storage component containing the consumable material being a concentrate material for heating and vaporization.
Claim 11: modified ’082 teaches the system of claim 8, wherein the power system (claim 22, master smart battery) comprises one or more temperature sensing components (claim 28, the master smart battery displays temperature) to measure a temperature of a structure including the consumable material within the vapor delivery system (pod) and one or more power throttling control components (claim 22, the master smart battery adjusts a power) to regulate the temperature to vaporize the consumable material without overheating (the master smart battery adjusts a power) an exterior of the vapor delivery system (pod).
Claim 21: ‘082 recites a system (claim 22, system) for vaporizing consumable materials, comprising:
a vapor delivery system (pod) including
(i) a heating element (heating element),
(ii) a material storage component (component which contains the consumable material) configured to contain consumable material;
and a power system (master smart battery) removably coupled and electrically connected to the vapor delivery system (pod), the power system is configured to (i) detect a type of vapor delivery system (pod) removably attached to the power system, (ii) supply power (adjust a power) to the vapor delivery system, and (iii) automatically adjust an amount of power supplied (adjust a power) to the vapor delivery system based on the type to vaporize the consumable material.
‘082 does not recite a mouthpiece component that is removably coupled to the material storage component and includes a lumen extending from a vapor outlet located at a distal end of the mouthpiece component to a filter positioned at an entry of the lumen and more proximate to the consumable material than the vapor outlet,
wherein the mouthpiece component further includes a reservoir that extends laterally from a terminating end of a lumen formed in a concentrate vaporization element of the first vapor delivery system, the reservoir is adapted to operate as a retention basin for maintaining small portions of concentrate material that propagated through the lumen to increase effectiveness for preventing a solid or liquid material from being released through the vapor outlet within the mouthpiece component.
Potter teaches a vapor delivery system (fig. 4a-b and [96-97]) comprising a mouthpiece component (500) that is removably coupled [101] to a material storage component (400) and includes a lumen (590) extending from a vapor outlet (rightmost opening of 590) located at a distal end of the mouthpiece component (500) to a filter ([94], #404 is a mesh filter) positioned at an entry of the lumen (590) and more proximate to a consumable material (30 which is stored in 430) than the vapor outlet (rightmost opening of 590), wherein the filter is configured to prevent solid material associated with the consumable material from reaching a user’s mouth [94];
wherein the mouthpiece component (500) includes a reservoir (internal volume of 500) that extends laterally from a terminating end (fig. 2, end of #200 which receives #500) formed in a concentrate vaporization element (200), the reservoir (internal volume of 500) is adapted to operate as a retention basin for maintaining small portions of concentrate material (the reservoir is capable of retaining small portions of vaporized concentrate material which pass therethrough as in [94]) that propagated from the concentrate vaporization element (200) to increase effectiveness for preventing a solid material ([94], tobacco material is prevented from exiting) from being released through a vapor outlet (fig. 4a-b and [94], #590) within the mouthpiece component (500);
such that the filter prevents the consumable material from being inhaled by a user [94] and such that the lumen improves aerosol flow quality by way of particle size, extent of condensation, and temperature [104].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add, to ‘082’s system, Potter’s mouthpiece component that is removably coupled to the material storage component and includes a lumen extending from a vapor outlet located at a distal end of the mouthpiece component to a filter positioned at an entry of the lumen and more proximate to the consumable material than the vapor outlet, wherein the mouthpiece component further includes a reservoir that extends laterally from a terminating end of a lumen formed in a concentrate vaporization element of the first vapor delivery system, the reservoir is adapted to operate as a retention basin for maintaining small portions of concentrate material that propagated through the lumen to increase effectiveness for preventing a solid or liquid material from being released through the vapor outlet within the mouthpiece component, because doing so would prevent the consumable material from being inhaled by a user and would improve aerosol flow quality by way of particle size, extent of condensation, and temperature.
Jiang teaches a system (title) for vaporizing consumable materials comprising a concentrate vaporization element (fig. 3 and [66], #11) comprising a lumen (15), such that the cylindrical shape of the lumen increases a surface area of the concentrate vaporization element in order to facilitate vaporization [72].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add Jiang’s lumen to Casselman’s concentrate vaporization element, because doing so would increase a surface area of the concentrate vaporization element in order to facilitate vaporization.
Claim 22: ‘082 teaches the system of claim 21, wherein the concentrate vaporization element (claim 25, heating tip) including an elongated member (heating tip) with a first end coupled to the mouthpiece component and a second end.
Making the elongated member removable would be desirable to enable cleaning of the device. See MPEP 2144.04(V)(C): In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). The courts have held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose."
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to make the elongated member removable, because doing so would be a patentably indistinct act of making separable.
Claim 23: ‘082 teaches the system of claim 22, wherein the second end of the concentrate vaporization element (claim 25, heating tip) is arranged to contact the concentrate material when the first end of the elongated member is attached to the mouthpiece component and the first vapor delivery system (first pod) is attached to the power system (master smart battery) and one or more heating elements (heating coils) are positioned within the concentrate vaporization element (heating tip) and configured to receive power from the power system (master smart battery).
Claim 24: modified ‘082 teaches the system of claim 23, wherein the mouthpiece component and the material storage component include an electrical connection (the vapor delivery system is powered, so one of the components includes an electrical connection) configured to supply power from the power system to the one or more heating elements.
Claim 26: modified ‘082 teaches the system of claim 21,wherein the power system comprises power throttling control components (claim 22, power is adjusted) configured to control heating of the concentrate material within the material storage component (first pod) prior to inhalation in accordance with a power map (power is adjusted).
Claim 27: modified ‘082 teaches the system of claim 26, wherein the power map controls changes in power level (claim 22, power is adjusted) provided to one or more heating elements (claim 25, heating coils) positioned within a concentrate vaporization element (heating tip).
Claim 28: modified ‘082 teaches the system of claim 27, wherein the power throttling control components (claim 22, power is adjusted) are configured to automatically throttle a supply of power to the concentrate vaporization element (claim 25, heating tip) when the concentrate material reaches a prescribed temperature (power is automatically adjusted).
Claim 29: modified ‘082 teaches the system of claim 21.
Claim 30: modified ‘082 teaches the system of claim 21 further comprising one or more temperature sensing components (claim 28, the master smart battery displays temperatures) configured to provide real-time feedback to the power system (master smart battery) for adjusting power output (power is adjusted).
Claim 25 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 25 of copending Application No. 19/032082 in view of Potter (US 20200324066 A1) and Jiang (CN 118592662 A with reference made to machine translation) as applied to instant claim 22 and further in view of Casselman (US 20210345668 A1).
Claim 25: modified ‘082 teaches the system of claim 22.
Modified ‘082 does not explicitly teach that the material storage component of the concentrate vaporization element further comprises a removable insert for maintaining the concentrate material for removal and cleaning.
Casselman teaches a material storage component (fig. 1A, #140) of the concentrate vaporization element (120) comprising a removable insert (fig. 3 and [93], stopper #210 can removably block a fill port of the material storage component #140) maintaining the concentrate material (stopper #210 secures concentrate material #102 within material storage component #140) for removal and cleaning (the concentrate material 102 is capable of being removed and cleaned), such that the removable inserts prevents concentrate material from leaking [93].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add Casselman’s removable insert maintaining the concentrate material for removal and cleaning to the material storage component of ‘082, because doing so would prevent concentrate material from leaking.
Response to Arguments
Applicant’s arguments of 2026 August 10 have been carefully considered but are not persuasive.
In response to applicant's arguments (p. 9) against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant argues (p. 9, [2]) that Casselman teaches an “airflow conduit” rather than a “reservoir” that extends laterally from a terminating end of a lumen formed in a concentrate vaporization element. However, an airflow conduit can reserve/retain fluids and thus reads on a reservoir. Casselman teaches a mouthpiece component (Casselman fig. 8 and [93] show an example embodiment of the mouthpiece #130) including a reservoir (internal volume of 130) that extends laterally from a terminating end (fig. 14-15, topmost end of #402 and #408) formed in the concentrate vaporization element (402 and 408).
Applicant argues (p. 9, [3]) that Potter does not teach a reservoir that extends laterally from a terminating end of a lumen formed in a concentrate vaporization element. However, the examiner’s proposed modification does not rely on Potter to teach such a reservoir.
Applicant argues (p. 9, [4]) that Jiang teaches a lumen within a concentrate vaporization element rather than a reservoir that extends laterally from a terminating end of a lumen formed in a concentrate vaporization element. However, such an argument does not grasp the thrust of the examiner’s proposed modification. Casselman teaches a mouthpiece component (Casselman fig. 8 and [93] show an example embodiment of the mouthpiece #130) including a reservoir (internal volume of 130) that extends laterally from a terminating end (fig. 14-15, topmost end of #402 and #408) formed in the concentrate vaporization element (402 and 408). Building from Casselman, Jiang teaches a system for vaporizing consumable materials comprising a concentrate vaporization element (Jiang fig. 3 and [66], #11) comprising a lumen (15), such that the cylindrical shape of the lumen increases a surface area of the concentrate vaporization element in order to facilitate vaporization [72]. Adding Jiang’s lumen to Casselman’s concentrate vaporization element, for Jiang’s benefit of increasing a surface area of the concentrate vaporization element, would make Casselman’s terminating end a terminating end of a lumen and arrive at the claimed reservoir and lumen.
Applicant argues (p. 10, [2]) that Casselman’s removable insert (Casselman fig. 3 and [93], #120) can plug a fill port (213) but cannot maintain concentrate material for removal and cleaning. Applicant’s arguments are unclear. Casselman’s removable insert can plug a fill port, as applicant states, and thus can maintain concentrate material on one side of the fill port.
Double Patenting: applicant argues that 19/032083 in view of Potter and Jiang does not teach a “reservoir” that “extends laterally from a terminating end of a lumen formed in a concentrate vaporization element”. However, as in the above analysis, Potter in view of Jiang does teach a “reservoir” that “extends laterally from a terminating end of a lumen formed in a concentrate vaporization element”.
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 Tobey C. Le whose telephone number is (703)756-5516. The examiner can normally be reached Mon-Thu 8:30-18:30 ET.
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/TOBEY C LE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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