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 .
Priority
Acknowledgment is made of applicant’s claim foreign priority to Application No. (ATA1660/2008) filed on the October 23, 2008.
Election/Restrictions
Applicant's election with traverse of Species C in the reply filed on August 14, 2026 is acknowledged. The traversal is on the ground(s) that Examiner incorrectly divided Species A. This is not found persuasive because the identified species are directed to distinct embodiments having different configuration and structural features that are distinguished from one another. In particular, Species A is not merely an alternative or minor variation of Species B or Species C. Species B clearly is directed to wherein air admission opening comprises a plurality of openings that are laterally offset from the heating element and are configured to direct air to flow around the heating element and Species C is directed to the air admission opening is arranged so that the air admitted into the housing flows directly onto the heating element, is divided, and flows around the heating element. Species A neither has the air admission that has the air flowing directly onto the heating element or has a plurality of openings making it its own Species or embodiment as shown in Figure 10 and 12.
Therefore, the requirement is still deemed proper and is therefore made FINAL.
Claim 4 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species B, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on August 14, 2026.
Drawings
The drawings are objected to because following reference sign(s) mentioned in the description: 39 ("List of Reference Numbers") are not in the Figures. In Figure 10, there seems to be a cut of reference number of “4, 15”.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency.
Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because of the following informalities:
The specification is objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference sign(s) not found in the drawings: 39 ("List of Reference Numbers").
The reference numbers 39a (Fig. 16), 39b (Figs. 16-16a), 22a (Fig. 29B), 22b (Fig. 29B), 23a (Fig. 29B), 23b (Fig. 29B), and 23c (Fig. 29B) should be included in the "List of Reference Numbers."
Appropriate correction is required.
Claim Objections
Claim 24 objected to because of the following informalities:
Regarding Claim 24, line 3, “an” should come before “information stored”.
Appropriate correction is required.
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.
Claims 8-9, and 29 are 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.
Regarding Claims 8, 9, and 29, the term “plate-like” is unclear as to what defines an object that is plate-"like." Also, it is not clear of the meets and bounds of what is “plate-like”; plates have different shapes and thickness. For the purpose of this Office Action, Examiner is interpreting that “plate-like” is something with a flat surface.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 1, 5, 10, 12, 15, and 29 is/are rejected under pre-AIA 35 U.S.C. 102(a) as anticipated by Brooks et al. (US 4947875 A), hereafter as Brooks.
Regarding Claim 1, Brooks discloses an inhalator device comprising:
a reusable part (Fig. 1; 14) that includes:
a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and
a control circuit(Fig. 1; 30, 28);
and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached) and that includes:
a housing (Fig. 1; 12);
a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing;
a chamber arranged in the housing (chamber inside of 12);
an air admission (Fig. 1; 54) opening for admission of air into the housing;
one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22);
a heating element (Fig. 1; 18, 36, 40, 41) configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol (this limitation is functional; the heating element is able to form a vapor Col. 8 line 58 – Col. 9 line 12);
a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and
a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Regarding Claim 5, Brooks discloses the inhalator device of claim 1, wherein the air admission opening (at 54) is arranged so that the air admitted into the housing (Fig. 1; 12) flows directly onto the heating element (18, 40-41, 38-39), is divided, and flows around the heating element (Col. 7 lines 24-38; There could be many opening and positioned throughout 24 such that drawn ambient air passing through the cartridge to the mouth of the user passes the resistance element).
Regarding Claim 8, Brooks discloses the inhalator device of claim 1, wherein the plurality of electrical contacts includes a pair of plate-like heater contacts (Fig. 1; 40, 41 can be described as “plate-like”) that are arranged about a heated section of the heating element.
Regarding Claim 10, Brooks discloses the inhalator device of claim 1, wherein the mouthpiece (Fig. 1; at the end of 22) is integral with the housing (Fig. 1).
Regarding Claim 12, Brooks discloses the inhalator device of claim 1, wherein when the reusable part (Fig. 1; 14) is coupled to the disposable article(Fig. 1; 12), the inhalator device comprises six sides (Fig. A below) configured as two opposing end sides (1, 3; 2, 6; Fig. A) with the opening of the mouthpiece (at 2; Fig. A) being located at a first of the two opposing end sides, a second of the two opposing sides being defined by an end of the reusable part (at 6; Fig. A), and with the remaining four sides of the six sides (Fig. A; 1, 3, 4, 5) extending between the two opposing end sides along at least a portion of each of the reusable part and the disposable article (Fig. 1).
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Regarding Claim 15, Brooks discloses the inhalator device of claim 1, further comprising a sensor (Fig. 1; 28) configured to detect the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit (Col. 11 lines 5-45; This is a functional limitation: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding Claim 29, Brooks discloses an inhalator device comprising:
a reusable part (Fig. 1; 14) that includes:
a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and
a control circuit(Fig. 1; 30, 28);
and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part and that includes:
a housing (Fig. 1; 12);
a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing;
a chamber arranged in the housing (chamber inside of 12);
an air admission (Fig. 1; 54) opening for admission of air into the housing;
one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22);
a heating element (Fig. 1; 18, 36, 40, 41) configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol (this limitation is functional; the heating element is able to form a vapor Col. 8 line 58 – Col. 9 line 12);
a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and
a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20), wherein the plurality of electrical contacts includes a pair of plate-like heater contacts (Fig. 1; 40, 41 can be described as “plate-like”) that are arranged about a heated section of the heating element, and
wherein each of the pair of plate-like heater contacts includes a protruding portion that protrudes out of an outer surface of the housing of the disposable article (Fig. 1, contacts 40, 41 protrude out of housing 12 and result in two plug contacts with terminals 42, 43) at an end of the housing opposing the end of the housing including the mouthpiece (Fig. 1), the protruding portion being configured for engaging corresponding electrical contacts of the reusable part (Fig. 1; 12 and 14 engage with each other).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim 1, 8, and 11 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Takeuchi (US 6155268 A) in view of Honour (US 4978814 A).
Regarding Claim 1, Takeuchi discloses an inhalator device comprising:
a part (Fig. 8; 122) that includes:
a battery (Fig. 8; power source 44; Examiner notes: can be primary battery (dry battery), or a secondary battery (rechargeable battery)) and
a control circuit(Fig. 8; 46);
and a second article (Fig. 8; 121) that is coupleable to the part and that includes:
a housing (Fig. 8; defining121);
a mouthpiece (Fig. 8; 161) having an opening that is arranged at an end of the housing (Fig. 8);
a chamber arranged in the housing (chamber inside of 121);
an air admission (Fig. 8; 18) opening for admission of air into the housing;
one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 8);
a heating element (Fig. 8, heaters 421 and 422 form a heating element) configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol (this limitation is functional; the heating element is able to form a vapor);
a wick that supplies the liquid to the heating element (Fig. 8; plates 361 and 362 form a passage 371 that acts as a wick to supply the liquid 34 to the heaters 421 and 422 via capillary action); and
a plurality of electrical contacts (Fig 8; plates 361 and 362) that are in contact electrically with the heating element ( 421, 422) in the chamber (inside 121) to supply electric energy from the battery of the part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the part (Fig. 8; Examiner notes: the contact are opposite of mouthpiece 161; Examiner notes: this limitation is functional the control circuit is connected to the plates and hearer to supply energy to the electrical contacts).
Takeuchi does not specifically disclose that there is a disposable and reusable portion or that the two chamber are deatachable.
However, Cross teaches an aerosol delivery device (Fig. 13, device 100) comprising a first inhalation component comprising a drug container (Fig. 13, cartridge 130 has drug foils 136) and a second inhalation component comprising the electronics of the device (Fig. 13, dispensing unit 150 houses microcontroller 152 and other electronics of the system). This allows the cartridge 130 to be replaced and the electronics to be used multiple times (0066).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the first inhaler component of the modified device of Takeuchi to be detachably coupled to the second inhaler component as taught by Cross in order to allow the first inhaler component to be replaced when the liquid source has run out.
Regarding Claim 8, Modified Takeuchi discloses the inhalator device of claim 1, wherein the plurality of electrical contacts (Fig 8; plates 361 and 362) include a pair of plate-like heater contacts (Fig. 8-14) that are arranged about a heated section of the heating element (421, 422; Fig. 8).
Regarding Claim 11, Modified Takeuchi discloses the inhalator device of claim 1, wherein the mouthpiece (Fig. 8; 161) is separate from and connectable to the housing (Col. 9 lines: 7-22).
Claim 2 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Brooks, as applied claim 1, in view of Wood (US 4117850 A), hereafter as Wood.
Regarding Claim 2, Brooks discloses the inhalator device of claim 1,
Brooks does not specifically disclose wherein the liquid is in the housing and includes one or both of lactic acid and benzoic acid.
However, Wood teaches wherein the liquid is in the housing and includes lactic acid (Col. 3 lines 21-26).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the liquid in Brooks to include the lactic acid as taught by Wood for the purpose of reducing the chokiness produced by nicotine, flavourants, ash improvers etc. (Col. 3 lines 21-26).
Claim(s) 3 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Brooks, as applied claim 1, in view of Vetter et al. (US 5054395 A), hereafter as Vetter.
Regarding Claim 3, Brooks discloses the inhalator device of claim 1,
Brooks does not disclose wherein the corresponding electrical contacts of the reusable part are spring contacts
However, Vetter teaches electrical contacts that are spring contacts (Fig. 2; 8-9).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the electric contact of Brooks to be spring contacts as taught by Vetter for the purpose of when the pin is inserted into spring contacts are so the electric contact is established first. Also, spring contact is known in the art to hold the pins in place for electric contact (Col. 2 lns. 19-22).
Claim(s) 6-7 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Brooks, as applied claim 1, in view of Han (US 20090095311 A1), hereafter as Han.
Regarding Claim 6, Brooks discloses the inhalator device of claim 1, wherein the heating element (18) and the wick (Col. 6 lines 22-65; porous substrate) are arranged on surfaces and are connected to each other (Examiner notes: the “wick” have intimate contact with the resistance heating components and the like; Col. 6 lines 25-27; Fig. 1).
Brooks does not specifically disclose that the heating element and the wick are arranged mutually parallel surfaces.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in Brooks to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Regarding Claim 7, Modified Brooks discloses the inhalator device of claim 6, wherein the heating element (18) is at least partially integrated with the wick (Col. 6 lines 22-65; porous substrate) to define a composite structure (Col. 6 lines: 5-27; Examiner notes: forms a wick/heating element complex; and discloses integration between the heating components and the porous substrate; Also Fig. 18 Han).
Claim 9 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Takeuchi in view of Cross, as applied claim 8, in view of Honour (US 4978814 A).
Regarding Claim 9, Modified Takeuchi discloses the inhalator device of claim 8, wherein each plate-like heater contact (Fig 8; plates 361 and 362)
Takeuchi does not disclose wherein the pair of plate-like heater contacts is welded or sintered to one or more portions of the heating element.
However, Honour teaches that use of electrically conductive adhesive is an inexpensive way to connected heating elements to contact members (Col 1, ln. 5-11; Fig. 1, electrically conductive adhesive 6; claim 1 discloses the adhesive as electrically conductive; Honour, col. 2, ln. 53-54, discloses use of welding at the connection in addition to the adhesive in order to ensure a good connection).
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to modify the heating composite and contact connect of Takeuchi to be made of an electrically conductive adhesive connection as taught by Honour in order to provide a good, inexpensive, electrical connection (Col. 2, ln. 53-54).
Claim 11 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Brooks, as applied claim 1, in view of Sprinkel et al. (US 5649554 A), hereafter as Sprinkel.
Regarding Claim 11, Brooks discloses the inhalator device of claim 1,
Brooks does not specifically disclose wherein the mouthpiece is separate from and connectable to the housing.
However, Sprinkel teaches that mouthpiece (Fig. 1 or 15B; 132 and 134) is separate from and connectable to the housing(Col. 5 lines 19-62).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the mouthpiece of Brooks to be able to be separate and connectable to the housing as taught by Sprinkel as this mouthpiece is made reduce the number of occurrences of discrete component replacements but the mouthpiece can be replaced by the smoker more or less frequently than the tobacco supply.
Claim 13-14 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Brooks, as applied claim 12, in view of Watkins et al. (US 5934289 A).
Regarding Claim 13, Brooks discloses the inhalator device of claim 12,
Brooks does not disclose where the inhalator device further comprising a charger configured to receive charging current for recharging the battery, the charger being arranged on the second of the two opposing end sides.
However, Watkins teaches where the inhalator device (Fig. 1-2; 21) further comprising a charger (Fig. 3, 10; 40, 42-43) configured to receive charging current for recharging the battery (Fig. 1, 10; 35a) (Col. 5 lines 31-44, 52-55; Col. 10 lines 47-56); and that the charger being arranged at a convenient location along the housing 31 for establishing electrical connection with an external source of power.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator device of Brooks to include the charger configured to receive charging current for recharging the battery and position/ arranged on the second of the two opposing end sides as taught by Watkins for the purpose of when the controller detects the battery voltage being below a specified minimum and/or if the controller perceives that external power from the recharge port is either available and/or being communicated with the batteries 35a (Examiner notes: for recharging; Col. 10 lines 47-56) and that you would want the charger being arranged at a convenient location along the housing for establishing electrical connection with an external source of power (Col. 5 lines 31-44, 52-55).
Regarding Claim 14, Modified Brooks discloses the inhalator device of claim 13, wherein the charger (Fig. 1, 3, 10; 40, 42-43; Watkins) is a plug (Fig. 3; Watkins).
Claim 16 and 25 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Brooks, as applied claim 1, in view of Nelson (US 20070125765 A1).
Regarding Claim 16, Brooks discloses the inhalator device of claim 1,
Brooks does not disclose further comprising a vibratory output interface.
However, Nelson teaches a vibratory output interface in an inhalator device (para. 0074).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Brooks to include the a vibratory output interface as taught by Nelson for the purpose of causing a notice, warning, or announcement that calls attention to a circumstance or event. The alarm for next use may indicate a dispensing time for sensitive medicines to the user (para. 0074).
Regarding Claim 25, Brooks discloses the inhalator device of claim 1,
Brooks does not further comprising a Bluetooth data interface.
However, Nelson teaches a Bluetooth data interface (0071).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Brooks to include the a Bluetooth data interface as taught by Nelson for the purpose of wireless communication to the user (para. 0071).
Claim 17 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Brooks, as applied claim 1, in view of Shaahin (WO 03068300 A1).
Regarding Claim 17, Brooks discloses the inhalator device of claim 1,
Brooks does not disclose further comprising an optical output interface.
However, Shaahin teaches an optical output interface (para. 012).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Brooks to include an optical output interface as taught by Shaahin for the purpose of information input/output means in communication with the power means that displays the temperature and allows for adjustment of said temperature by controlling air flow from the fan means and heat from the heater means (para. 012).
Claim 18-20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Brooks, as applied claim 1, in view of Hughes (WO 8502346 A1).
Regarding Claim 18, Brooks discloses the inhalator device of claim 1, wherein the disposable article (Fig. 1; 12) is coupleable to the reusable part (Fig. 1; 14)
Brooks does not disclose that the couple connection is by a snap connection formed between interacting elements on the disposable article and the reusable part.
However, Hughes teaches couple connection (Fig. 4; 30) is with a snap connection formed between interacting elements (Fig. 4; 12 and 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the two components of Brooks to include the snap connection as taught by Hughes for the purpose of suitable connections means and being able to easily connect and disconnect the two components and also add a secure connection.
Regarding Claim 19, Modified Brooks discloses the inhalator device of claim 1, wherein the interacting elements comprise one or more snap-in hook structures (Fig. 4; 30 mainly with the parts being 26, 32, 34, 36; Hughes) on the disposable article (Fig. 1; 12; Brooks) and one or more complementary latching structures (Fig.4; 34, 32, 36; Hughes) on the reusable part (Fig. 1; 14, 26; Brooks).
Regarding Claim 20, Modified Brooks discloses the inhalator device of claim 18, wherein the interacting elements (Fig.4; 34, 32, 36; Hughes) comprise one or more structures on a housing of the reusable part (Fig. 1; 14, 26; Brooks) and one or more longitudinal extensions (Fig. 4; 30 mainly with the parts being 26, 32, 34, 36; Hughes)of the end of the housing of the disposable article (Fig. 1; 12; Brooks) opposing the end of the housing including the mouthpiece (Fig. 1; end of 22; Brooks).
Claim(s) 21 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Brooks, as applied claim 1, in view of Cassidy (US 20070105010 A1).
Regarding Claim 21, Brooks discloses the inhalator device of claim 1, wherein the reusable part (Fig. 1; 14, 26).
Brooks does not specifically disclose further comprises one or more light emitting diodes, and wherein the control circuit is configured to communicate a charge state of the battery using at least one of the one or more light-emitting diodes.
However, Cassidy teaches one or more light-emitting diodes (Fig. 3; 370) and the control circuit is configured to communicate a charging state of the battery using at least one of the one or more light-emitting diodes (para. 0046).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Brooks to include one or more light-emitting diodes that is configured to communicate a charging state of the battery as taught by Cassidy for the purpose of indicating battery charge and also a warning of a hazardous condition (para. 0046).
Claim(s) 22-23 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Brooks, as applied claim 1, in view of Losee et al. (US 5179966 A), hereafter Losee.
Regarding Claim 22, Brooks discloses the inhalator device of claim 1,
Brooks does not disclose wherein the reusable part further comprises one or more light emitting diodes, and wherein the control circuit is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article based on usage.
However, Losee teaches wherein the reusable part (Fig. 3-4; 31) further comprises one or more light emitting diodes (Fig. 3-4; 33), and wherein the control circuit (Fig. 4; 121) is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article (Fig. 3-4; 11) based on usage (Examiner notes: Losee teaches that LEDs preferably provided to display either how many of charges 111 have been used or how many remain).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator device of Brooks to include the one or more light-emitting diodes as taught by Losee for the purpose of provide some indication to a consumer of how much of article has been used or remains to be used (Col. 5 lines 4-21).
Regarding Claim 23, Brooks discloses the inhalator device of claim 1,
Brooks does not specifically disclose wherein the control circuit is configured to block further use of the disposable article or render the disposable article unusable after usage of the disposable article has reached a changeover interval.
However, Losee teaches However, Losee teaches wherein the reusable part (Fig. 3-4; 31) further comprises one or more light emitting diodes (Fig. 3-4; 33), and wherein the control circuit (Fig. 4; 121) is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article (Fig. 3-4; 11) based on usage (Examiner notes: Losee teaches that LEDs preferably provided to display either how many of charges 111 have been used or how many remain). But does not specifically touch on wherein the control circuit is configured render the disposable article unusable after usage of the disposable article has reached a changeover interval (Examiner notes: this limitation is functional the control depending on the LED lights could render the disposable part has reached the changeover status on how many remain).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device and control of Brooks to be configured render the disposable article unusable after usage of the disposable article has reached a changeover interval as taught by Losee for the purpose of preventing further activation of the heating element or vaporizer so when the device has reached the status that it could be changed or replaced.
Claim(s) 24 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Brooks, as applied claim 1, in view of Cross et al. (US 20050268911 A1) hereafter as Cross.
Regarding Claim 24, Brooks discloses the inhalator device of claim 1,
Brooks does not disclose specifically wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable inhalator component, optionally wherein the control circuit or the microprocessor integrated therewith is configured to implement a control operation based on information stored on the identification chip.
However, Cross teaches microprocessor (Fig. 13; 152) integrated therewith is configured to communicate with an identification chip (Fig. 13; 132; EEPROM) in the inhalator component (para. 0084); wherein the control circuit or the microprocessor (Fig. 13; 152; Cross) integrated therewith is configured to implement a control operation based on information stored on the identification chip (Fig. 13; 132; EEPROM; para. 0084; Cross).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the disposable inhalator component of Brooks to include the microprocessor integrated therewith is configured to communicate with an identification chip and control circuit integrated therewith is configured to implement a control operation based on information stored on the identification chip as taught by Cross for the purpose of control information, and monitors the number of doses remaining in the cartridge (para. 0084).
Claim(s) 26-27 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Brooks, as applied claim 1, in view Poutiatine et al. (WO 2007081947 A2), hereafter as Poutiatine.
Regarding Claim 26, Brooks discloses the inhalator device of claim 1,
Brooks does not disclose specifically wherein the inhalator device is configured to prevent unauthorized use of the inhalator device.
However, Poutiantine teaches wherein the device is configured to prevent unauthorized use of the inhalator device (Examiner notes: this limitation is function however, the prior art teaches prevention of unauthorized use with patient identification systems; para. 0111).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Brooks to include the prevention of unauthorized use of the inhalator device as taught by Poutiantine for the purpose of the dispensing device is not accidentally or intentionally used by an unauthorized individual to prevent accidental or intentional diversion of the drug (para. 0111).
Regarding Claim 27, Modified Brooks discloses the inhalator device of claim 26, wherein the inhalator device (Fig. 1; Brooks) is configured to require an input by a user that verifies authorized use of the inhalator device (para. 0111; Poutiantine).
Claim(s) 28 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Brooks (US 4947875 A), in view Radomski et al. (US 20070107879 A1) and Han (US 20090095311 A1), hereafter Brooks, Radomski and Han.
Regarding Claim 28, Brooks discloses an inhalator device comprising:
a reusable part (Fig. 1; 14) that includes:
a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and
a control circuit(Fig. 1; 30, 28);
and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached) and that includes:
a housing (Fig. 1; 12);
a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing;
a chamber arranged in the housing (chamber inside of 12);
an air admission (Fig. 1; 54) opening for admission of air into the housing;
one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22);
a heating element (Fig. 1; 18, 36, 40, 41) configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol (this limitation is functional; the heating element is able to form a vapor Col. 8 line 58 – Col. 9 line 12);
a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and
a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Brooks does not disclose specifically that the wick is a ceramic wick.
However, Radomski teaches the wick is a ceramic wick.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the wick in Brooks to be made out of ceramic as taught by Radomski for the purpose of its porous properties that allows the liquid to be evaporated is delivered into the evaporator tube by capillary forces withstand a respiration pressure (para. 0009).
Modified Brooks does not specifically disclose wherein the heating element and the wick are arranged in mutually parallel surfaces and are connected to each other so that the heating element is at least partially integrated with the wick to define a composite structure.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in Brooks to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Claim(s) 30 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Brooks in view of Han and Cross.
Regarding Claim 30, Brooks discloses an inhalator device comprising:
a reusable part (Fig. 1; 14) that includes:
a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and
a control circuit(Fig. 1; 30, 28);
and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached) and that includes:
a housing (Fig. 1; 12);
a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing;
a chamber arranged in the housing (chamber inside of 12);
an air admission (Fig. 1; 54) opening for admission of air into the housing;
one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a heating element (Fig. 1; 18, 36, 40, 41) configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol (this limitation is functional; the heating element is able to form a vapor Col. 8 line 58 – Col. 9 line 12); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that extend into the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) in the chamber and that are configured so that a portion of the plurality of electrical contacts (Fig. 1; Examiner notes: the contact are opposite of 22) are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part(Fig. 1; 12 and 14 engage with each other).
Brooks does not specifically teach wherein the heating element and the wick are arranged to have mutually parallel surfaces;
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in Brooks to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Modified Brooks does not specifically disclose wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable article.
However, Cross teaches microprocessor (Fig. 13; 152) integrated therewith is configured to communicate with an identification chip (Fig. 13; 132; EEPROM) in the inhalator component (para. 0084).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the disposable inhalator component of Brooks to include the microprocessor integrated therewith is configured to communicate with an identification chip and control circuit integrated therewith is configured to implement a control operation based on information stored on the identification chip as taught by Cross for the purpose of control information, and monitors the number of doses remaining in the cartridge (para. 0084).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 8, 10, 15, and 29 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 62, 64, or 65, of copending Application No. 19029438, hereafter as ‘438, in view of Brooks. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 1 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘438 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and
a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘438 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Claim 62 of ‘438
An inhalator for the intermittent formation, synchronous with inhalation or drawing, of a vapor-air mixture or/and condensation aerosol, the inhalator comprising a reusable inhalator part for use with an inhalator component, wherein the inhalator component comprises:
a housing;
a chamber arranged in the housing;
an air admission opening for the supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor-air mixture or/and condensation aerosol is formed; and a data interface via which firmware and software updates are completed, and/or inhalator usage information is transmitted.
Claim 64 of ‘438
An inhalator for the intermittent formation, synchronous with inhalation or drawing, of a vapor-air mixture or/and condensation aerosol, the inhalator comprising a reusable inhalator part for use with an inhalator component, wherein the inhalator component comprises
:a housing;
a chamber arranged in the housing;
an air admission opening for the supply of air from the surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor-air mixture or/and condensation aerosol is formed; wherein the supply of energy to the heating element is controllable such that immediate reactivation of the heating element following the end of an evaporation cycle is prevented
Claim 65 of ‘438
An inhalator component for the intermittent formation, synchronous with inhalation or drawing, of a vapor air mixture or/and condensation aerosol, comprising:
a housing;
a chamber arranged in the housing;
an air admission opening for the supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor air mixture or/and condensation aerosol is formed; and
a wick with a capillary structure, which wick forms a composite with the heating element and automatically resupplies the heating element with the liquid material following evaporation, characterized in that the heating element is at least partially integrated in the wick; and wherein the wick comprises an electrically non-conductive material, an electrical resistance material, or an electrically conductive or semi-conductive ceramic.
Claim 29 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘438 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 29, ‘438 also does not teach “wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element, and wherein each of the pair of plate-like heater contacts includes a protruding portion that protrudes out of an outer surface of the housing”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22); wherein each of the pair of plate-like heater contacts includes a protruding portion that protrudes out of an outer surface of the housing of the disposable article (Fig. 1, contacts 40, 41 protrude out of housing 12 and result in two plug contacts with terminals 42, 43) at an end of the housing opposing the end of the housing including the mouthpiece (Fig. 1), the protruding portion being configured for engaging corresponding electrical contacts of the reusable part (Fig. 1; 12 and 14 engage with each other).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘438 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Regarding Claim 8, Modified ‘438 discloses the inhalator device of claim 1,
Modified ‘438 does not wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element.
However, Brooks teaches wherein the plurality of electrical contacts includes a pair of plate-like heater contacts (Fig. 1; 40, 41 can be described as “plate-like”) that are arranged about a heated section of the heating element.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘483 to include wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element as taught by Brooks for the purpose of the electrical connection means includes means for connecting the resistance element to a battery or other external power source, and preferably includes an air passageway used in conjunction with the preferred puff actuated current actuation means as is shown in the art.
Regarding Claim 10, Modified ‘438 discloses the inhalator device of claim 1, wherein the mouthpiece (Fig. 1; at the end of 22; Brooks) is integral with the housing (claim 1).
Regarding Claim 15, Modified ‘438 discloses the inhalator device of claim 1,
Modified ‘438 does not specifically disclose further comprising a sensor configured to detect the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit.
Brooks teaches further comprising a sensor (Fig. 1; 28) configured to detect the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit (Col. 11 lines 5-45; This is a functional limitation: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘483 to include a sensor as taught by Brooks for the purpose of detecting the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit so the control is able to deliver the vapor when the user.36. Claims 2 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 62 or 64 or 65 of ‘438 and Brooks, as applied to claim 1, in view of Warchol.
Regarding Claim 2, ‘438 discloses the inhalator device of claim 1,
Modified ‘438 does not specifically disclose wherein the liquid is in the housing and includes one or both of lactic acid and benzoic acid.
However, Warchol teaches a liquid material (Col. 5, ln. 30-45 discloses a liquid formulation as an ethanol-based formulation) comprising: one or more acids including benzoic (Col. 7, ln. 57, discloses that benzoic acid could be used as part of the nicotine salt), Warchol also teaches that such a liquid formulation can be used as therapy for treating addiction to tobacco (Abstract).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the liquid material of Modified ‘438 be the liquid formulation of Warchol to help a user treat an addiction to tobacco if so desired by the user. The modified liquid material would retain a flavor substance as taught by Brooks (col. 5, ln. 52-53) within the liquid formulation of Warchol.
Claims 3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 62 or 64 or 65 of ‘438 and Brooks, as applied to claim 1, in view of Vetter.
Regarding Claim 3, Modified ‘438 discloses the inhalator device of claim 1,
Modified ‘438 does not disclose wherein the corresponding electrical contacts of the reusable part are spring contacts
However, Vetter teaches electrical contacts that are spring contacts (Fig. 2; 8-9).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the electric contact of Modified ‘438 to be spring contacts as taught by Vetter for the purpose of when the pin is inserted into spring contacts are so the electric contact is established first. Also, spring contact is known in the art to hold the pins in place for electric contact (Col. 2 lns. 19-22).
Claim(s) 6-7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 62 or 64 or 65 of ‘438 and Brooks, as applied to claim 1, in view of Han (US 20090095311 A1), hereafter as Han.
Regarding Claim 6, Modified ‘438 discloses the inhalator device of claim 1, wherein the heating element (18) and the wick (Col. 6 lines 22-65; porous substrate) are arranged on surfaces and are connected to each other (Examiner notes: the “wick” have intimate contact with the resistance heating components and the like; Col. 6 lines 25-27; Fig. 1).
Modified ‘438 does not specifically disclose that the heating element and the wick are arranged mutually parallel surfaces.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in Modified ‘438 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Regarding Claim 7, Modified ‘438 discloses the inhalator device of claim 6, wherein the heating element (18; Brooks) is at least partially integrated with the wick (Col. 6 lines 22-65; porous substrate; Brooks) to define a composite structure (Col. 6 lines: 5-27; Examiner notes: forms a wick/heating element complex; and discloses integration between the heating components and the porous substrate Brooks; Also Fig. 18 Han).
Claim 9 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 62 or 64 or 65 of ‘438 and Brooks, as applied to claim 8, in view of Honour (US 4978814 A).
Regarding Claim 9, Modified ‘483 discloses the inhalator device of claim 8, wherein each plate-like heater contact (Fig 1, 40-41).
‘483 does not disclose wherein the pair of plate-like heater contacts is welded or sintered to one or more portions of the heating element.
However, Honour teaches that use of electrically conductive adhesive is an inexpensive way to connected heating elements to contact members (Col 1, ln. 5-11; Fig. 1, electrically conductive adhesive 6; claim 1 discloses the adhesive as electrically conductive; Honour, col. 2, ln. 53-54, discloses use of welding at the connection in addition to the adhesive in order to ensure a good connection).
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to modify the heating composite and contact connect of Modified ‘483 to be made of an electrically conductive adhesive connection as taught by Honour in order to provide a good, inexpensive, electrical connection (Col. 2, ln. 53-54).
Claim 11 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 62 or 64 or 65 of ‘438 and Brooks, as applied to claim 1, in view of Sprinkel.
Regarding Claim 11, Modified ‘438 discloses the inhalator device of claim 1,
Modified ‘438 does not disclose specifically does not specifically disclose wherein the mouthpiece is separate from and connectable to the housing.
However, Sprinkel teaches that mouthpiece (Fig. 1 or 15B; 132 and 134) is separate from and connectable to the housing(Col. 5 lines 19-62).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the mouthpiece of ‘483 to be able to be separate and connectable to the housing as taught by Sprinkel as this mouthpiece is made reduce the number of occurrences of discrete component replacements but the mouthpiece can be replaced by the smoker more or less frequently than the tobacco supply.
Claim 16 and 25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 62 or 64 or 65 of ‘438 and Brooks, as applied to claim 1, in view of Nelson.
Regarding Claim 16, Modified ‘438 discloses the inhalator device of claim 1,
Modified ‘438 further comprising a vibratory output interface.
However, Nelson teaches a vibratory output interface in an inhalator device (para. 0074).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘483 to include the a vibratory output interface as taught by Nelson for the purpose of causing a notice, warning, or announcement that calls attention to a circumstance or event. The alarm for next use may indicate a dispensing time for sensitive medicines to the user (para. 0074).
Regarding Claim 25, Modified ‘438 discloses the inhalator device of claim 1,
Modified ‘438 further comprising a Bluetooth data interface.
However, Nelson teaches a Bluetooth data interface (0071).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘438 to include the a Bluetooth data interface as taught by Nelson for the purpose of wireless communication to the user (para. 0071).
Claim 17 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 62 or 64 or 65 of ‘438 and Brooks, as applied to claim 1, in view of Shaahin.
Regarding Claim 17, Modified ‘483 discloses the inhalator device of claim 1,
Modified ‘483 does not disclose further comprising an optical output interface.
However, Shaahin teaches an optical output interface (para. 012).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘483 to include an optical output interface as taught by Shaahin for the purpose of information input/output means in communication with the power means that displays the temperature and allows for adjustment of said temperature by controlling air flow from the fan means and heat from the heater means (para. 012).
Claim 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 62 or 64 or 65 of ‘438 and Brooks, as applied to claim 1, in view of Hughes (WO 8502346 A1).
Regarding Claim 18, Modified ‘483 discloses the inhalator device of claim 1, wherein the disposable article (Fig. 1; 12) is coupleable to the reusable part (Fig. 1; 14)
Modified ‘483 does not disclose that the couple connection is by a snap connection formed between interacting elements on the disposable article and the reusable part.
However, Hughes teaches couple connection (Fig. 4; 30) is with a snap connection formed between interacting elements (Fig. 4; 12 and 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the two components of Modified ‘483 to include the snap connection as taught by Hughes for the purpose of suitable connections means and being able to easily connect and disconnect the two components and also add a secure connection.
Regarding Claim 19, Modified ‘483 discloses the inhalator device of claim 1, wherein the interacting elements comprise one or more snap-in hook structures (Fig. 4; 30 mainly with the parts being 26, 32, 34, 36; Hughes) on the disposable article (Fig. 1; 12; Brooks) and one or more complementary latching structures (Fig.4; 34, 32, 36; Hughes) on the reusable part (Fig. 1; 14, 26; Brooks).
Regarding Claim 20, Modified ‘483 discloses the inhalator device of claim 18, wherein the interacting elements (Fig.4; 34, 32, 36; Hughes) comprise one or more structures on a housing of the reusable part (Fig. 1; 14, 26; Brooks) and one or more longitudinal extensions (Fig. 4; 30 mainly with the parts being 26, 32, 34, 36; Hughes)of the end of the housing of the disposable article (Fig. 1; 12; Brooks) opposing the end of the housing including the mouthpiece (Fig. 1; end of 22; Brooks).
Claim 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 62 or 64 or 65 of ‘438 and Brooks, as applied to claim 1, in view of Cassidy.
Regarding Claim 21, Modified ‘483 discloses the inhalator device of claim 1, wherein the reusable part (Fig. 1; 14, 26).
Modified ‘438 does not disclose further comprises one or more light emitting diodes, and wherein the control circuit is configured to communicate a charge state of the battery using at least one of the one or more light-emitting diodes.
However, Cassidy teaches one or more light-emitting diodes (Fig. 3; 370) and the control circuit is configured to communicate a charging state of the battery using at least one of the one or more light-emitting diodes (para. 0046).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘438 to include teaches one or more light-emitting diodes that is configured to communicate a charging state of the battery as taught by Cassidy for the purpose of indicating battery charge and also a warning of a hazardous condition (para. 0046).
Claims 22- 23 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 62 or 64 or 65 of ‘438 and Brooks, as applied to claim 1, in view of Losee.
Regarding Claim 22, Modified ‘438 discloses the inhalator device of claim 1,
Modified ‘438 does not disclose specifically wherein the reusable part further comprises one or more light emitting diodes, and wherein the control circuit is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article based on usage.
However, Losee teaches wherein the reusable part (Fig. 3-4; 31) further comprises one or more light emitting diodes (Fig. 3-4; 33), and wherein the control circuit (Fig. 4; 121) is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article (Fig. 3-4; 11) based on usage (Examiner notes: Losee teaches that LEDs preferably provided to display either how many of charges 111 have been used or how many remain).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator device of ‘483 to include the one or more light-emitting diodes as taught by Losee for the purpose of provide some indication to a consumer of how much of article has been used or remains to be used (Col. 5 lines 4-21).
Regarding Claim 23, Modified ‘438 discloses the inhalator device of claim 1,
Modified ‘438 does not specifically disclose wherein the control circuit is configured to block further use of the disposable article or render the disposable article unusable after usage of the disposable article has reached a changeover interval.
However, Losee teaches However, Losee teaches wherein the reusable part (Fig. 3-4; 31) further comprises one or more light emitting diodes (Fig. 3-4; 33), and wherein the control circuit (Fig. 4; 121) is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article (Fig. 3-4; 11) based on usage (Examiner notes: Losee teaches that LEDs preferably provided to display either how many of charges 111 have been used or how many remain). But does not specifically touch on wherein the control circuit is configured render the disposable article unusable after usage of the disposable article has reached a changeover interval (Examiner notes: this limitation is functional the control depending on the LED lights could render the disposable part has reached the changeover status on how many remain).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device and control of Modified ‘438 to be configured render the disposable article unusable after usage of the disposable article has reached a changeover interval as taught by Losee for the purpose of preventing further activation of the heating element or vaporizer so when the device has reached the status that it could be changed or replaced.
Claim(s) 24 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 62 or 64 or 65 of ‘438 and Brooks, as applied to claim 1, in view of Cross et al. (US 20050268911 A1) hereafter as Cross.
Regarding Claim 24, Modified ‘438 discloses the inhalator device of claim 1,
Modified ‘438 does not disclose specifically wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable inhalator component, optionally wherein the control circuit or the microprocessor integrated therewith is configured to implement a control operation based on information stored on the identification chip.
However, Cross teaches microprocessor (Fig. 13; 152) integrated therewith is configured to communicate with an identification chip (Fig. 13; 132; EEPROM) in the inhalator component (para. 0084); wherein the control circuit or the microprocessor (Fig. 13; 152; Cross) integrated therewith is configured to implement a control operation based on information stored on the identification chip (Fig. 13; 132; EEPROM; para. 0084; Cross).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the disposable inhalator component of Modified ‘438 to include the microprocessor integrated therewith is configured to communicate with an identification chip and control circuit integrated therewith is configured to implement a control operation based on information stored on the identification chip as taught by Cross for the purpose of control information, and monitors the number of doses remaining in the cartridge (para. 0084).
Claim(s) 26-27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 62 or 64 or 65 of ‘438 and Brooks, as applied to claim 1, in view Poutiatine et al. (WO 2007081947 A2), hereafter as Poutiatine.
Regarding Claim 26, Modified ‘438 discloses the inhalator device of claim 1,
Modified ‘438 does not disclose specifically wherein the inhalator device is configured to prevent unauthorized use of the inhalator device.
However, Poutiantine teaches wherein the device is configured to prevent unauthorized use of the inhalator device (Examiner notes: this limitation is function however, the prior art teaches prevention of unauthorized use with patient identification systems; para. 0111).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘438 to include the prevention of unauthorized use of the inhalator device as taught by Poutiantine for the purpose of the dispensing device is not accidentally or intentionally used by an unauthorized individual to prevent accidental or intentional diversion of the drug (para. 0111).
Regarding Claim 27, Modified ‘438 discloses the inhalator device of claim 26, wherein the inhalator device (Fig. 1; Brooks) is configured to require an input by a user that verifies authorized use of the inhalator device (para. 0111; Poutiantine).
Claims 28 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 62, 64, or 65, of copending Application No. 19029438, hereafter as ‘438, in view of Brooks, Radomski, and Han. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 28 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘438 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 28, ‘438 also does not teach “a ceramic wick that supplies the liquid to the heating element, wherein the heating element and the wick are arranged in mutually parallel surfaces and are connected to each other so that the heating element is at least partially integrated with the wick to define a composite structure”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘438 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
‘Modified ‘043does not disclose specifically that the wick is a ceramic wick.
However, Radomski teaches the wick is a ceramic wick.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the wick in‘438 to be made out of ceramic as taught by Radomski for the purpose of its porous properties that allows the liquid to be evaporated is delivered into the evaporator tube by capillary forces withstand a respiration pressure (para. 0009).
Modified ‘043 does not specifically disclose wherein the heating element and the wick are arranged in mutually parallel surfaces and are connected to each other so that the heating element is at least partially integrated with the wick to define a composite structure.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in ‘438 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Claim 62 of ‘438
An inhalator for the intermittent formation, synchronous with inhalation or drawing, of a vapor-air mixture or/and condensation aerosol, the inhalator comprising a reusable inhalator part for use with an inhalator component, wherein the inhalator component comprises:
a housing;
a chamber arranged in the housing;
an air admission opening for the supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor-air mixture or/and condensation aerosol is formed; and a data interface via which firmware and software updates are completed, and/or inhalator usage information is transmitted.
Claim 64 of ‘438
An inhalator for the intermittent formation, synchronous with inhalation or drawing, of a vapor-air mixture or/and condensation aerosol, the inhalator comprising a reusable inhalator part for use with an inhalator component, wherein the inhalator component comprises
:a housing;
a chamber arranged in the housing;
an air admission opening for the supply of air from the surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor-air mixture or/and condensation aerosol is formed; wherein the supply of energy to the heating element is controllable such that immediate reactivation of the heating element following the end of an evaporation cycle is prevented
Claim 65 of ‘438
An inhalator component for the intermittent formation, synchronous with inhalation or drawing, of a vapor air mixture or/and condensation aerosol, comprising:
a housing;
a chamber arranged in the housing;
an air admission opening for the supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor air mixture or/and condensation aerosol is formed; and
a wick with a capillary structure, which wick forms a composite with the heating element and automatically resupplies the heating element with the liquid material following evaporation, characterized in that the heating element is at least partially integrated in the wick; and wherein the wick comprises an electrically non-conductive material, an electrical resistance material, or an electrically conductive or semi-conductive ceramic.
Claims 30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 62, 64, or 65, of copending Application No. 19029438, hereafter as ‘438, in view of Brooks, Han, and Cross. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 30 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘438 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 30, “438 also does not teach “wherein the heating element and the wick are arranged to have mutually parallel surfaces wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable article.”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘438 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Modified ‘438 does not specifically disclose wherein the heating element and the wick are arranged in mutually parallel surfaces and are connected to each other so that the heating element is at least partially integrated with the wick to define a composite structure.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in ‘438 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Modified ‘438 does not specifically disclose wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable article.
However, Cross teaches microprocessor (Fig. 13; 152) integrated therewith is configured to communicate with an identification chip (Fig. 13; 132; EEPROM) in the inhalator component (para. 0084).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the disposable inhalator component of ‘438 to include the microprocessor integrated therewith is configured to communicate with an identification chip and control circuit integrated therewith is configured to implement a control operation based on information stored on the identification chip as taught by Cross for the purpose of control information, and monitors the number of doses remaining in the cartridge (para. 0084).
Claim 62 of ‘438
An inhalator for the intermittent formation, synchronous with inhalation or drawing, of a vapor-air mixture or/and condensation aerosol, the inhalator comprising a reusable inhalator part for use with an inhalator component, wherein the inhalator component comprises:
a housing;
a chamber arranged in the housing;
an air admission opening for the supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor-air mixture or/and condensation aerosol is formed; and a data interface via which firmware and software updates are completed, and/or inhalator usage information is transmitted.
Claim 64 of ‘438
An inhalator for the intermittent formation, synchronous with inhalation or drawing, of a vapor-air mixture or/and condensation aerosol, the inhalator comprising a reusable inhalator part for use with an inhalator component, wherein the inhalator component comprises
:a housing;
a chamber arranged in the housing;
an air admission opening for the supply of air from the surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor-air mixture or/and condensation aerosol is formed; wherein the supply of energy to the heating element is controllable such that immediate reactivation of the heating element following the end of an evaporation cycle is prevented
Claim 65 of ‘438
An inhalator component for the intermittent formation, synchronous with inhalation or drawing, of a vapor air mixture or/and condensation aerosol, comprising:
a housing;
a chamber arranged in the housing;
an air admission opening for the supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor air mixture or/and condensation aerosol is formed; and
a wick with a capillary structure, which wick forms a composite with the heating element and automatically resupplies the heating element with the liquid material following evaporation, characterized in that the heating element is at least partially integrated in the wick; and wherein the wick comprises an electrically non-conductive material, an electrical resistance material, or an electrically conductive or semi-conductive ceramic.
Claims 1, 8, 10, 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 15470078, hereafter as ‘078, in view of Brooks. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 1 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘078 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and
a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘078 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Claim 1 of Application ‘078
An inhalator device comprising an inhalator component detachably coupled to an inhalator part comprising an energy store, for intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator device comprising:
a housing;
a chamber arranged in the housing;
an air admission opening for supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material housed in a liquid container, wherein a vapor that is formed is mixed in the chamber with the air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a flow sensor comprising a first thermistor to detect a beginning of inhalation, wherein the
first thermistor is connected to a circuit board, signals issued by the first thermistor are configured to be processed in an integrated circuit, and the integrated circuit is configured to switch from an operating mode into an energy saving sleep mode if the inhalator component is not coupled to the inhalator part such that energy from the energy store is conserved, wherein in the energy saving mode the integrated circuit continues to receive an amount of current from the energy store, and wherein the device does not comprise an on-off switch for switching between the operating mode and the energy saving sleep mode.
Claim 29 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘078 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 29, ‘078 also does not teach “wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element, and wherein each of the pair of plate-like heater contacts includes a protruding portion that protrudes out of an outer surface of the housing”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22); wherein each of the pair of plate-like heater contacts includes a protruding portion that protrudes out of an outer surface of the housing of the disposable article (Fig. 1, contacts 40, 41 protrude out of housing 12 and result in two plug contacts with terminals 42, 43) at an end of the housing opposing the end of the housing including the mouthpiece (Fig. 1), the protruding portion being configured for engaging corresponding electrical contacts of the reusable part (Fig. 1; 12 and 14 engage with each other).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘078 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Regarding Claim 8, Modified ‘078 discloses the inhalator device of claim 1,
Modified ‘078 does not wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element.
However, Brooks teaches wherein the plurality of electrical contacts includes a pair of plate-like heater contacts (Fig. 1; 40, 41 can be described as “plate-like”) that are arranged about a heated section of the heating element.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘078 to include wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element as taught by Brooks for the purpose of the electrical connection means includes means for connecting the resistance element to a battery or other external power source, and preferably includes an air passageway used in conjunction with the preferred puff actuated current actuation means as is shown in the art.
Regarding Claim 10, Modified ‘078 discloses the inhalator device of claim 1, wherein the mouthpiece (Fig. 1; at the end of 22; Brooks) is integral with the housing (claim 1).
Regarding Claim 15, Modified ‘078 teaches all the claimed invention (Claim 1).
36. Claims 2 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘078 and Brooks, as applied to claim 1, in view of Warchol.
Regarding Claim 2, Modified ‘078 discloses the inhalator device of claim 1,
Modified ‘078 does not specifically disclose wherein the liquid is in the housing and includes one or both of lactic acid and benzoic acid.
However, Warchol teaches a liquid material (Col. 5, ln. 30-45 discloses a liquid formulation as an ethanol-based formulation) comprising: one or more acids including benzoic (Col. 7, ln. 57, discloses that benzoic acid could be used as part of the nicotine salt), Warchol also teaches that such a liquid formulation can be used as therapy for treating addiction to tobacco (Abstract).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the liquid material of Modified ‘078 be the liquid formulation of Warchol to help a user treat an addiction to tobacco if so desired by the user. The modified liquid material would retain a flavor substance as taught by Brooks (col. 5, ln. 52-53) within the liquid formulation of Warchol.
Claims 3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim claim 1 of ‘078 and Brooks, as applied to claim 1, in view of Vetter.
Regarding Claim 3, Modified ‘078 discloses the inhalator device of claim 1,
Modified ‘078 does not disclose wherein the corresponding electrical contacts of the reusable part are spring contacts
However, Vetter teaches electrical contacts that are spring contacts (Fig. 2; 8-9).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the electric contact of Modified ‘078 to be spring contacts as taught by Vetter for the purpose of when the pin is inserted into spring contacts are so the electric contact is established first. Also, spring contact is known in the art to hold the pins in place for electric contact (Col. 2 lns. 19-22).
Claim(s) 6-7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘078 and Brooks, as applied to claim 1, in view of Han (US 20090095311 A1), hereafter as Han.
Regarding Claim 6, Modified ‘078 discloses the inhalator device of claim 1, wherein the heating element (18) and the wick (Col. 6 lines 22-65; porous substrate) are arranged on surfaces and are connected to each other (Examiner notes: the “wick” have intimate contact with the resistance heating components and the like; Col. 6 lines 25-27; Fig. 1).
Modified ‘078 does not specifically disclose that the heating element and the wick are arranged mutually parallel surfaces.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in Modified ‘078 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Regarding Claim 7, Modified ‘078 discloses the inhalator device of claim 6, wherein the heating element (18; Brooks) is at least partially integrated with the wick (Col. 6 lines 22-65; porous substrate; Brooks) to define a composite structure (Col. 6 lines: 5-27; Examiner notes: forms a wick/heating element complex; and discloses integration between the heating components and the porous substrate Brooks; Also Fig. 18 Han).
Claim 9 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘078 and Brooks, as applied to claim 8, in view of Honour (US 4978814 A).
Regarding Claim 9, Modified ‘078 discloses the inhalator device of claim 8, wherein each plate-like heater contact (Fig 1, 40-41).
‘078 does not disclose wherein the pair of plate-like heater contacts is welded or sintered to one or more portions of the heating element.
However, Honour teaches that use of electrically conductive adhesive is an inexpensive way to connected heating elements to contact members (Col 1, ln. 5-11; Fig. 1, electrically conductive adhesive 6; claim 1 discloses the adhesive as electrically conductive; Honour, col. 2, ln. 53-54, discloses use of welding at the connection in addition to the adhesive in order to ensure a good connection).
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to modify the heating composite and contact connect of Modified ‘078 to be made of an electrically conductive adhesive connection as taught by Honour in order to provide a good, inexpensive, electrical connection (Col. 2, ln. 53-54).
Claim 11 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘078 and Brooks, as applied to claim 1, in view of Sprinkel.
Regarding Claim 11, Modified ‘078 discloses the inhalator device of claim 1,
Modified ‘078 does not disclose specifically does not specifically disclose wherein the mouthpiece is separate from and connectable to the housing.
However, Sprinkel teaches that mouthpiece (Fig. 1 or 15B; 132 and 134) is separate from and connectable to the housing(Col. 5 lines 19-62).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the mouthpiece of ‘078 to be able to be separate and connectable to the housing as taught by Sprinkel as this mouthpiece is made reduce the number of occurrences of discrete component replacements but the mouthpiece can be replaced by the smoker more or less frequently than the tobacco supply.
Claim 16 and 25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘078 and Brooks, as applied to claim 1, in view of Nelson.
Regarding Claim 16, Modified ‘078 discloses the inhalator device of claim 1,
Modified ‘078 further comprising a vibratory output interface.
However, Nelson teaches a vibratory output interface in an inhalator device (para. 0074).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘078 to include the a vibratory output interface as taught by Nelson for the purpose of causing a notice, warning, or announcement that calls attention to a circumstance or event. The alarm for next use may indicate a dispensing time for sensitive medicines to the user (para. 0074).
Regarding Claim 25, Modified ‘078 discloses the inhalator device of claim 1,
Modified ‘078 further comprising a Bluetooth data interface.
However, Nelson teaches a Bluetooth data interface (0071).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘078 to include the a Bluetooth data interface as taught by Nelson for the purpose of wireless communication to the user (para. 0071).
Claim 17 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims claim 1 of ‘078 and Brooks, as applied to claim 1, in view of Shaahin.
Regarding Claim 17, Modified ‘078 discloses the inhalator device of claim 1,
Modified ‘078 does not disclose further comprising an optical output interface.
However, Shaahin teaches an optical output interface (para. 012).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘078 to include an optical output interface as taught by Shaahin for the purpose of information input/output means in communication with the power means that displays the temperature and allows for adjustment of said temperature by controlling air flow from the fan means and heat from the heater means (para. 012).
Claim 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘078 and Brooks, as applied to claim 1, in view of Hughes (WO 8502346 A1).
Regarding Claim 18, Modified ‘078 discloses the inhalator device of claim 1, wherein the disposable article (Fig. 1; 12) is coupleable to the reusable part (Fig. 1; 14)
Modified ‘078 does not disclose that the couple connection is by a snap connection formed between interacting elements on the disposable article and the reusable part.
However, Hughes teaches couple connection (Fig. 4; 30) is with a snap connection formed between interacting elements (Fig. 4; 12 and 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the two components of Modified ‘078 to include the snap connection as taught by Hughes for the purpose of suitable connections means and being able to easily connect and disconnect the two components and also add a secure connection.
Regarding Claim 19, Modified ‘078 discloses the inhalator device of claim 1, wherein the interacting elements comprise one or more snap-in hook structures (Fig. 4; 30 mainly with the parts being 26, 32, 34, 36; Hughes) on the disposable article (Fig. 1; 12; Brooks) and one or more complementary latching structures (Fig.4; 34, 32, 36; Hughes) on the reusable part (Fig. 1; 14, 26; Brooks).
Regarding Claim 20, Modified ‘078 discloses the inhalator device of claim 18, wherein the interacting elements (Fig.4; 34, 32, 36; Hughes) comprise one or more structures on a housing of the reusable part (Fig. 1; 14, 26; Brooks) and one or more longitudinal extensions (Fig. 4; 30 mainly with the parts being 26, 32, 34, 36; Hughes)of the end of the housing of the disposable article (Fig. 1; 12; Brooks) opposing the end of the housing including the mouthpiece (Fig. 1; end of 22; Brooks).
Claim 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘078 and Brooks, as applied to claim 1, in view of Cassidy.
Regarding Claim 21, Modified ‘078 discloses the inhalator device of claim 1, wherein the reusable part (Fig. 1; 14, 26).
Modified ‘078 does not disclose further comprises one or more light emitting diodes, and wherein the control circuit is configured to communicate a charge state of the battery using at least one of the one or more light-emitting diodes.
However, Cassidy teaches one or more light-emitting diodes (Fig. 3; 370) and the control circuit is configured to communicate a charging state of the battery using at least one of the one or more light-emitting diodes (para. 0046).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘078 to include teaches one or more light-emitting diodes that is configured to communicate a charging state of the battery as taught by Cassidy for the purpose of indicating battery charge and also a warning of a hazardous condition (para. 0046).
Claims 22-23 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘078 and Brooks, as applied to claim 1, in view of Losee.
Regarding Claim 22, Modified ‘078 discloses the inhalator device of claim 1,
Modified ‘078 does not disclose specifically wherein the reusable part further comprises one or more light emitting diodes, and wherein the control circuit is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article based on usage.
However, Losee teaches wherein the reusable part (Fig. 3-4; 31) further comprises one or more light emitting diodes (Fig. 3-4; 33), and wherein the control circuit (Fig. 4; 121) is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article (Fig. 3-4; 11) based on usage (Examiner notes: Losee teaches that LEDs preferably provided to display either how many of charges 111 have been used or how many remain).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator device of ‘078 to include the one or more light-emitting diodes as taught by Losee for the purpose of provide some indication to a consumer of how much of article has been used or remains to be used (Col. 5 lines 4-21).
Regarding Claim 23, Modified ‘078 discloses the inhalator device of claim 1,
Modified ‘078 does not specifically disclose wherein the control circuit is configured to block further use of the disposable article or render the disposable article unusable after usage of the disposable article has reached a changeover interval.
However, Losee teaches However, Losee teaches wherein the reusable part (Fig. 3-4; 31) further comprises one or more light emitting diodes (Fig. 3-4; 33), and wherein the control circuit (Fig. 4; 121) is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article (Fig. 3-4; 11) based on usage (Examiner notes: Losee teaches that LEDs preferably provided to display either how many of charges 111 have been used or how many remain). But does not specifically touch on wherein the control circuit is configured render the disposable article unusable after usage of the disposable article has reached a changeover interval (Examiner notes: this limitation is functional the control depending on the LED lights could render the disposable part has reached the changeover status on how many remain).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device and control of Modified ‘078 to be configured render the disposable article unusable after usage of the disposable article has reached a changeover interval as taught by Losee for the purpose of preventing further activation of the heating element or vaporizer so when the device has reached the status that it could be changed or replaced.
Claim(s) 24 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘078 and Brooks, as applied to claim 1, in view of Cross et al. (US 20050268911 A1) hereafter as Cross.
Regarding Claim 24, Modified ‘078 discloses the inhalator device of claim 1,
Modified ‘078 does not disclose specifically wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable inhalator component, optionally wherein the control circuit or the microprocessor integrated therewith is configured to implement a control operation based on information stored on the identification chip.
However, Cross teaches microprocessor (Fig. 13; 152) integrated therewith is configured to communicate with an identification chip (Fig. 13; 132; EEPROM) in the inhalator component (para. 0084); wherein the control circuit or the microprocessor (Fig. 13; 152; Cross) integrated therewith is configured to implement a control operation based on information stored on the identification chip (Fig. 13; 132; EEPROM; para. 0084; Cross).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the disposable inhalator component of Modified ‘078 to include the microprocessor integrated therewith is configured to communicate with an identification chip and control circuit integrated therewith is configured to implement a control operation based on information stored on the identification chip as taught by Cross for the purpose of control information, and monitors the number of doses remaining in the cartridge (para. 0084).
Claim(s) 26-27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘078 and Brooks, as applied to claim 1, in view Poutiatine et al. (WO 2007081947 A2), hereafter as Poutiatine.
Regarding Claim 26, Modified ‘078 discloses the inhalator device of claim 1,
Modified ‘078 does not disclose specifically wherein the inhalator device is configured to prevent unauthorized use of the inhalator device.
However, Poutiantine teaches wherein the device is configured to prevent unauthorized use of the inhalator device (Examiner notes: this limitation is function however, the prior art teaches prevention of unauthorized use with patient identification systems; para. 0111).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘078 to include the prevention of unauthorized use of the inhalator device as taught by Poutiantine for the purpose of the dispensing device is not accidentally or intentionally used by an unauthorized individual to prevent accidental or intentional diversion of the drug (para. 0111).
Regarding Claim 27, Modified ‘078 discloses the inhalator device of claim 26, wherein the inhalator device (Fig. 1; Brooks) is configured to require an input by a user that verifies authorized use of the inhalator device (para. 0111; Poutiantine).
Claims 28 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. ‘078, in view of Brooks, Radomski, and Han. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 28 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘078 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 28, ‘078 also does not teach “a ceramic wick that supplies the liquid to the heating element, wherein the heating element and the wick are arranged in mutually parallel surfaces and are connected to each other so that the heating element is at least partially integrated with the wick to define a composite structure”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘078 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
‘Modified ‘078 does not disclose specifically that the wick is a ceramic wick.
However, Radomski teaches the wick is a ceramic wick.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the wick in’078 to be made out of ceramic as taught by Radomski for the purpose of its porous properties that allows the liquid to be evaporated is delivered into the evaporator tube by capillary forces withstand a respiration pressure (para. 0009).
Modified ‘078 does not specifically disclose wherein the heating element and the wick are arranged in mutually parallel surfaces and are connected to each other so that the heating element is at least partially integrated with the wick to define a composite structure.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in ‘078 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Claim 1 of Application ‘078
An inhalator device comprising an inhalator component detachably coupled to an inhalator part comprising an energy store, for intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator device comprising:
a housing;
a chamber arranged in the housing;
an air admission opening for supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material housed in a liquid container, wherein a vapor that is formed is mixed in the chamber with the air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a flow sensor comprising a first thermistor to detect a beginning of inhalation, wherein the
first thermistor is connected to a circuit board, signals issued by the first thermistor are configured to be processed in an integrated circuit, and the integrated circuit is configured to switch from an operating mode into an energy saving sleep mode if the inhalator component is not coupled to the inhalator part such that energy from the energy store is conserved, wherein in the energy saving mode the integrated circuit continues to receive an amount of current from the energy store, and wherein the device does not comprise an on-off switch for switching between the operating mode and the energy saving sleep mode.
Claim 30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. ‘078 in view of Brooks, Han, and Cross. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 30 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘078 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 30, ‘078 also does not teach “wherein the heating element and the wick are arranged to have mutually parallel surfaces wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable article.”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘’078 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Modified ‘078 does not specifically disclose wherein the heating element and the wick are arranged in mutually parallel surfaces and are connected to each other so that the heating element is at least partially integrated with the wick to define a composite structure.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in ‘078 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Modified ‘078 does not specifically disclose wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable article.
However, Cross teaches microprocessor (Fig. 13; 152) integrated therewith is configured to communicate with an identification chip (Fig. 13; 132; EEPROM) in the inhalator component (para. 0084).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the disposable inhalator component of ‘078 to include the microprocessor integrated therewith is configured to communicate with an identification chip and control circuit integrated therewith is configured to implement a control operation based on information stored on the identification chip as taught by Cross for the purpose of control information, and monitors the number of doses remaining in the cartridge (para. 0084).
Claim 1 of Application ‘078
An inhalator device comprising an inhalator component detachably coupled to an inhalator part comprising an energy store, for intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator device comprising:
a housing;
a chamber arranged in the housing;
an air admission opening for supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material housed in a liquid container, wherein a vapor that is formed is mixed in the chamber with the air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a flow sensor comprising a first thermistor to detect a beginning of inhalation, wherein the
first thermistor is connected to a circuit board, signals issued by the first thermistor are configured to be processed in an integrated circuit, and the integrated circuit is configured to switch from an operating mode into an energy saving sleep mode if the inhalator component is not coupled to the inhalator part such that energy from the energy store is conserved, wherein in the energy saving mode the integrated circuit continues to receive an amount of current from the energy store, and wherein the device does not comprise an on-off switch for switching between the operating mode and the energy saving sleep mode.
Claims 1-3, 8-10, 18-19, 21, 24 and 29 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 19252362, hereafter as ‘362, in view of Brooks. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 1 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘078 does not specifically disclose disposable inhalator component: a battery; and a control circuit; one or more channels for flow of air between the air admission opening, the chamber, a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and
a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘362 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Claim 1 of Application ‘362
An inhalator device comprising a disposable inhalator component that includes: a housing; a mouthpiece; a chamber in the housing; an electric heater configured to heat a liquid in the chamber and form a vapor; and a pair of plate-like heater contacts that are in contact electrically with the electric heater with each of the plate-like heater contacts including a protruding portion that protrudes out of an outer surface of the housing of the disposable inhalator component; wherein the housing forms an air admission opening for a supply of air into the chamber so that the air mixes with the vapor to form one or both of a vapor-air mixture and a condensation aerosol.
Claim 29 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element,.
‘362 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 29, ‘078 also does not teach “and wherein each of the pair of plate-like heater contacts includes a protruding portion that protrudes out of an outer surface of the housing”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22); wherein each of the pair of plate-like heater contacts includes a protruding portion that protrudes out of an outer surface of the housing of the disposable article (Fig. 1, contacts 40, 41 protrude out of housing 12 and result in two plug contacts with terminals 42, 43) at an end of the housing opposing the end of the housing including the mouthpiece (Fig. 1), the protruding portion being configured for engaging corresponding electrical contacts of the reusable part (Fig. 1; 12 and 14 engage with each other).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘078 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Regarding Claim 2, Modified ‘362 teaches all the limitation in claim 2 (claim 11).
Regarding Claim 3, Modified ‘362 teaches all the limitation in claim 3 (claim 23).
Regarding Claim 8, Modified ‘362 teaches all the limitation in claim 8 (claim 1).
Regarding Claim 9, Modified ‘362 teaches all the limitation in claim 9 (claim 9).
Regarding Claim 10, Modified ‘362 discloses the inhalator device of claim 1, wherein the mouthpiece (Fig. 1; at the end of 22; Brooks) is integral with the housing (claim 1).
Regarding Claim 15, Modified ‘362 discloses the inhalator device of claim 1,
Modified ‘362 does not specifically disclose further comprising a sensor configured to detect the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit.
Brooks teaches further comprising a sensor (Fig. 1; 28) configured to detect the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit (Col. 11 lines 5-45; This is a functional limitation: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘362 to include a sensor as taught by Brooks for the purpose of detecting the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit so the control is able to deliver the vapor when the user.
Regarding Claim 18, Modified ‘362 teaches all the limitation in claim 18 (claim 14).
Regarding Claim 19, Modified ‘362 teaches all the limitation in claim 19 (claim 15).
Regarding Claim 21, Modified ‘362 teaches all the limitation in claim 21 (claim 19).
Regarding Claim 24, Modified ‘362 teaches all the limitation in claim 24 (claim 20-21).
Claim(s) 6-7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘362 and Brooks, as applied to claim 1, in view of Han (US 20090095311 A1), hereafter as Han.
Regarding Claim 6, Modified ‘362 discloses the inhalator device of claim 1, wherein the heating element (18) and the wick (Col. 6 lines 22-65; porous substrate) are arranged on surfaces and are connected to each other (Examiner notes: the “wick” have intimate contact with the resistance heating components and the like; Col. 6 lines 25-27; Fig. 1).
Modified ‘362 does not specifically disclose that the heating element and the wick are arranged mutually parallel surfaces.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in Modified ‘362 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Regarding Claim 7, Modified ‘362 discloses the inhalator device of claim 6, wherein the heating element (18; Brooks) is at least partially integrated with the wick (Col. 6 lines 22-65; porous substrate; Brooks) to define a composite structure (Col. 6 lines: 5-27; Examiner notes: forms a wick/heating element complex; and discloses integration between the heating components and the porous substrate Brooks; Also Fig. 18 Han).
Claim 11 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘362 and Brooks, as applied to claim 1, in view of Sprinkel.
Regarding Claim 11, Modified ‘362 discloses the inhalator device of claim 1,
Modified ‘362 does not disclose specifically does not specifically disclose wherein the mouthpiece is separate from and connectable to the housing.
However, Sprinkel teaches that mouthpiece (Fig. 1 or 15B; 132 and 134) is separate from and connectable to the housing(Col. 5 lines 19-62).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the mouthpiece of ‘362 to be able to be separate and connectable to the housing as taught by Sprinkel as this mouthpiece is made reduce the number of occurrences of discrete component replacements but the mouthpiece can be replaced by the smoker more or less frequently than the tobacco supply.
Claim 16 and 25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘362 and Brooks, as applied to claim 1, in view of Nelson.
Regarding Claim 16, Modified ‘362 discloses the inhalator device of claim 1,
Modified ‘362 further comprising a vibratory output interface.
However, Nelson teaches a vibratory output interface in an inhalator device (para. 0074).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘362 to include the a vibratory output interface as taught by Nelson for the purpose of causing a notice, warning, or announcement that calls attention to a circumstance or event. The alarm for next use may indicate a dispensing time for sensitive medicines to the user (para. 0074).
Regarding Claim 25, Modified ‘362 discloses the inhalator device of claim 1,
Modified ‘362 further comprising a Bluetooth data interface.
However, Nelson teaches a Bluetooth data interface (0071).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘362 to include the a Bluetooth data interface as taught by Nelson for the purpose of wireless communication to the user (para. 0071).
Claim 17 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims claim 1 of ‘362 and Brooks, as applied to claim 1, in view of Shaahin.
Regarding Claim 17, Modified ‘362 discloses the inhalator device of claim 1,
Modified ‘362 does not disclose further comprising an optical output interface.
However, Shaahin teaches an optical output interface (para. 012).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘362 to include an optical output interface as taught by Shaahin for the purpose of information input/output means in communication with the power means that displays the temperature and allows for adjustment of said temperature by controlling air flow from the fan means and heat from the heater means (para. 012).
Claim 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘362 and Brooks, as applied to claim 1, in view of Hughes (WO 8502346 A1).
Regarding Claim 20, Modified ‘362 discloses the inhalator device of claim 18,
Modified ‘362 does not disclose that the couple connection is by a snap connection formed between interacting elements on the disposable article and the reusable part.
However, Hughes teaches couple connection (Fig. 4; 30) is with a snap connection formed between interacting elements (Fig. 4; 12 and 22), wherein the interacting elements (Fig.4; 34, 32, 36; Hughes) comprise one or more structures on a housing of the reusable part (Fig. 1; 14, 26; Brooks) and one or more longitudinal extensions (Fig. 4; 30 mainly with the parts being 26, 32, 34, 36; Hughes)of the end of the housing of the disposable article (Fig. 1; 12; Brooks) opposing the end of the housing including the mouthpiece (Fig. 1; end of 22; Brooks).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the two components of Modified ‘362 to include the snap connection as taught by Hughes for the purpose of suitable connections means and being able to easily connect and disconnect the two components and also add a secure connection.
Claims 22-23 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘362 and Brooks, as applied to claim 1, in view of Losee.
Regarding Claim 22, Modified ‘362 discloses the inhalator device of claim 1,
Modified ‘362 does not disclose specifically wherein the reusable part further comprises one or more light emitting diodes, and wherein the control circuit is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article based on usage.
However, Losee teaches wherein the reusable part (Fig. 3-4; 31) further comprises one or more light emitting diodes (Fig. 3-4; 33), and wherein the control circuit (Fig. 4; 121) is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article (Fig. 3-4; 11) based on usage (Examiner notes: Losee teaches that LEDs preferably provided to display either how many of charges 111 have been used or how many remain).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator device of Modified ‘362 to include the one or more light-emitting diodes as taught by Losee for the purpose of provide some indication to a consumer of how much of article has been used or remains to be used (Col. 5 lines 4-21).
Regarding Claim 23, Modified ‘362 discloses the inhalator device of claim 1,
Modified ‘362 does not specifically disclose wherein the control circuit is configured to block further use of the disposable article or render the disposable article unusable after usage of the disposable article has reached a changeover interval.
However, Losee teaches However, Losee teaches wherein the reusable part (Fig. 3-4; 31) further comprises one or more light emitting diodes (Fig. 3-4; 33), and wherein the control circuit (Fig. 4; 121) is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article (Fig. 3-4; 11) based on usage (Examiner notes: Losee teaches that LEDs preferably provided to display either how many of charges 111 have been used or how many remain). But does not specifically touch on wherein the control circuit is configured render the disposable article unusable after usage of the disposable article has reached a changeover interval (Examiner notes: this limitation is functional the control depending on the LED lights could render the disposable part has reached the changeover status on how many remain).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device and control of Modified ‘362 to be configured render the disposable article unusable after usage of the disposable article has reached a changeover interval as taught by Losee for the purpose of preventing further activation of the heating element or vaporizer so when the device has reached the status that it could be changed or replaced.
Claim(s) 26-27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘362 and Brooks, as applied to claim 1, in view Poutiatine et al. (WO 2007081947 A2), hereafter as Poutiatine.
Regarding Claim 26, Modified ‘362 discloses the inhalator device of claim 1,
Modified ‘362 does not disclose specifically wherein the inhalator device is configured to prevent unauthorized use of the inhalator device.
However, Poutiantine teaches wherein the device is configured to prevent unauthorized use of the inhalator device (Examiner notes: this limitation is function however, the prior art teaches prevention of unauthorized use with patient identification systems; para. 0111).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘362 to include the prevention of unauthorized use of the inhalator device as taught by Poutiantine for the purpose of the dispensing device is not accidentally or intentionally used by an unauthorized individual to prevent accidental or intentional diversion of the drug (para. 0111).
Regarding Claim 27, Modified ‘362 discloses the inhalator device of claim 26, wherein the inhalator device (Fig. 1; Brooks) is configured to require an input by a user that verifies authorized use of the inhalator device (para. 0111; Poutiantine).
Claims 28 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. ‘362, in view of Brooks, Radomski, and Han. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 28 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘078 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 28, ‘362 also does not teach “a ceramic wick that supplies the liquid to the heating element, wherein the heating element and the wick are arranged in mutually parallel surfaces and are connected to each other so that the heating element is at least partially integrated with the wick to define a composite structure”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘362 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
‘Modified ‘362 does not disclose specifically that the wick is a ceramic wick.
However, Radomski teaches the wick is a ceramic wick.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the wick in’362 to be made out of ceramic as taught by Radomski for the purpose of its porous properties that allows the liquid to be evaporated is delivered into the evaporator tube by capillary forces withstand a respiration pressure (para. 0009).
Modified ‘362 does not specifically disclose wherein the heating element and the wick are arranged in mutually parallel surfaces and are connected to each other so that the heating element is at least partially integrated with the wick to define a composite structure.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in ‘362 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Claim 1 of Application ‘362
An inhalator device comprising a disposable inhalator component that includes: a housing; a mouthpiece; a chamber in the housing; an electric heater configured to heat a liquid in the chamber and form a vapor; and a pair of plate-like heater contacts that are in contact electrically with the electric heater with each of the plate-like heater contacts including a protruding portion that protrudes out of an outer surface of the housing of the disposable inhalator component; wherein the housing forms an air admission opening for a supply of air into the chamber so that the air mixes with the vapor to form one or both of a vapor-air mixture and a condensation aerosol.
Claim 30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. ‘362 in view of Brooks, Han, and Cross. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 30 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘078 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 30, ‘362 also does not teach “wherein the heating element and the wick are arranged to have mutually parallel surfaces wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable article.”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘362 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Modified ‘362 does not specifically disclose wherein the heating element and the wick are arranged in mutually parallel surfaces and are connected to each other so that the heating element is at least partially integrated with the wick to define a composite structure.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in ‘362 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Modified ‘362 does not specifically disclose wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable article.
However, Cross teaches microprocessor (Fig. 13; 152) integrated therewith is configured to communicate with an identification chip (Fig. 13; 132; EEPROM) in the inhalator component (para. 0084).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the disposable inhalator component of ‘362 to include the microprocessor integrated therewith is configured to communicate with an identification chip and control circuit integrated therewith is configured to implement a control operation based on information stored on the identification chip as taught by Cross for the purpose of control information, and monitors the number of doses remaining in the cartridge (para. 0084).
Claim 1 of Application ‘362
An inhalator device comprising a disposable inhalator component that includes: a housing; a mouthpiece; a chamber in the housing; an electric heater configured to heat a liquid in the chamber and form a vapor; and a pair of plate-like heater contacts that are in contact electrically with the electric heater with each of the plate-like heater contacts including a protruding portion that protrudes out of an outer surface of the housing of the disposable inhalator component; wherein the housing forms an air admission opening for a supply of air into the chamber so that the air mixes with the vapor to form one or both of a vapor-air mixture and a condensation aerosol.
Claims 1, 8, 10, 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 or 30 of U.S. Patent No. 8833364, hereafter as ‘364 in view of Brooks.
Claim 1 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘364 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and
a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘364 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Claim 29 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘364 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 29, ‘364 also does not teach “wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element, and wherein each of the pair of plate-like heater contacts includes a protruding portion that protrudes out of an outer surface of the housing”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22); wherein each of the pair of plate-like heater contacts includes a protruding portion that protrudes out of an outer surface of the housing of the disposable article (Fig. 1, contacts 40, 41 protrude out of housing 12 and result in two plug contacts with terminals 42, 43) at an end of the housing opposing the end of the housing including the mouthpiece (Fig. 1), the protruding portion being configured for engaging corresponding electrical contacts of the reusable part (Fig. 1; 12 and 14 engage with each other).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘364 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Claim 1 of ‘364
An inhalator component for the intermittent formation, synchronous with inhalation or drawing, of a vapor-air mixture and/or condensation aerosol, comprising:
a housing;
a chamber arranged in the housing;
an air admission opening for the supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor-air mixture and/or condensation aerosol is formed;
and a wick with a capillary structure, said wick forms a composite with the heating element and automatically resupplies the heating element with the liquid material following evaporation, wherein the heating element and the wick are arranged in the same surface and/or in mutually parallel surfaces and are connected to each other, at least one heated section of the composite is arranged in the chamber in a contact-free manner, the capillary structure of the wick in said section is substantially exposed at least on one side of the composite, and the connection between the heating element and the wick extends over the entire extent of the wick.
Claim 30 of ‘364
An inhalator component for the intermittent formation, synchronous with inhalation or drawing, of a vapor-air mixture and/or condensation aerosol, comprising: a housing; a chamber arranged in the housing; an air admission opening for the supply of air from the surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor-air mixture and/or condensation aerosol is formed; and a wick with a capillary structure, said wick forms a composite with the heating element and automatically resupplies the heating element with the liquid material following evaporation, wherein the composite is of linear design, at least one heated section of the composite is arranged in the chamber in a contact-free manner, the capillary structure of the wick in said section is substantially exposed, and the heating element and the wick are connected over the entire extent of the wick.
Regarding Claim 8, Modified ‘364 discloses the inhalator device of claim 1,
Modified ‘364 does not wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element.
However, Brooks teaches wherein the plurality of electrical contacts includes a pair of plate-like heater contacts (Fig. 1; 40, 41 can be described as “plate-like”) that are arranged about a heated section of the heating element.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘364 to include wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element as taught by Brooks for the purpose of the electrical connection means includes means for connecting the resistance element to a battery or other external power source, and preferably includes an air passageway used in conjunction with the preferred puff actuated current actuation means as is shown in the art.
Regarding Claim 10, Modified ‘364 discloses the inhalator device of claim 1, wherein the mouthpiece (Fig. 1; at the end of 22; Brooks) is integral with the housing (claim 1).
Regarding Claim 15, Modified ‘364 discloses the inhalator device of claim 1,
Modified ‘364 does not specifically disclose further comprising a sensor configured to detect the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit.
Brooks teaches further comprising a sensor (Fig. 1; 28) configured to detect the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit (Col. 11 lines 5-45; This is a functional limitation: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘364 to include a sensor as taught by Brooks for the purpose of detecting the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit so the control is able to deliver the vapor when the user.36. Claims 2 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of Modified ‘364 and Brooks, as applied to claim 1, in view of Warchol.
Regarding Claim 2, ‘Modified ‘364 discloses the inhalator device of claim 1,
Modified ‘364 does not specifically disclose wherein the liquid is in the housing and includes one or both of lactic acid and benzoic acid.
However, Warchol teaches a liquid material (Col. 5, ln. 30-45 discloses a liquid formulation as an ethanol-based formulation) comprising: one or more acids including benzoic (Col. 7, ln. 57, discloses that benzoic acid could be used as part of the nicotine salt), Warchol also teaches that such a liquid formulation can be used as therapy for treating addiction to tobacco (Abstract).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the liquid material of Modified ‘364 be the liquid formulation of Warchol to help a user treat an addiction to tobacco if so desired by the user. The modified liquid material would retain a flavor substance as taught by Brooks (col. 5, ln. 52-53) within the liquid formulation of Warchol.
Claims 3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of Modified ‘364 and Brooks, as applied to claim 1, in view of Vetter.
Regarding Claim 3, Modified ‘364 discloses the inhalator device of claim 1,
Modified ‘364 does not disclose wherein the corresponding electrical contacts of the reusable part are spring contacts
However, Vetter teaches electrical contacts that are spring contacts (Fig. 2; 8-9).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the electric contact of Modified ‘364 to be spring contacts as taught by Vetter for the purpose of when the pin is inserted into spring contacts are so the electric contact is established first. Also, spring contact is known in the art to hold the pins in place for electric contact (Col. 2 lns. 19-22).
Claim(s) 6-7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of Modified ‘364 and Brooks, as applied to claim 1, in view of Han (US 20090095311 A1), hereafter as Han.
Regarding Claim 6, Modified ‘364 discloses the inhalator device of claim 1, wherein the heating element (18) and the wick (Col. 6 lines 22-65; porous substrate) are arranged on surfaces and are connected to each other (Examiner notes: the “wick” have intimate contact with the resistance heating components and the like; Col. 6 lines 25-27; Fig. 1).
Modified ‘364 does not specifically disclose that the heating element and the wick are arranged mutually parallel surfaces.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in Modified ‘364 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Regarding Claim 7, Modified ‘364 discloses the inhalator device of claim 6, wherein the heating element (18; Brooks) is at least partially integrated with the wick (Col. 6 lines 22-65; porous substrate; Brooks) to define a composite structure (Col. 6 lines: 5-27; Examiner notes: forms a wick/heating element complex; and discloses integration between the heating components and the porous substrate Brooks; Also Fig. 18 Han).
Claim 9 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘Modified ‘364 and Brooks, as applied to claim 8, in view of Honour (US 4978814 A).
Regarding Claim 9, Modified ‘364 discloses the inhalator device of claim 8, wherein each plate-like heater contact (Fig 1, 40-41).
‘364 does not disclose wherein the pair of plate-like heater contacts is welded or sintered to one or more portions of the heating element.
However, Honour teaches that use of electrically conductive adhesive is an inexpensive way to connected heating elements to contact members (Col 1, ln. 5-11; Fig. 1, electrically conductive adhesive 6; claim 1 discloses the adhesive as electrically conductive; Honour, col. 2, ln. 53-54, discloses use of welding at the connection in addition to the adhesive in order to ensure a good connection).
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to modify the heating composite and contact connect of Modified ‘364 to be made of an electrically conductive adhesive connection as taught by Honour in order to provide a good, inexpensive, electrical connection (Col. 2, ln. 53-54).
Claim 11 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘Modified ‘364 and Brooks, as applied to claim 1, in view of Sprinkel.
Regarding Claim 11, Modified ‘364 discloses the inhalator device of claim 1,
Modified ‘364 does not disclose specifically does not specifically disclose wherein the mouthpiece is separate from and connectable to the housing.
However, Sprinkel teaches that mouthpiece (Fig. 1 or 15B; 132 and 134) is separate from and connectable to the housing(Col. 5 lines 19-62).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the mouthpiece of ‘364 to be able to be separate and connectable to the housing as taught by Sprinkel as this mouthpiece is made reduce the number of occurrences of discrete component replacements but the mouthpiece can be replaced by the smoker more or less frequently than the tobacco supply.
Claim 16 and 25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘Modified ‘364 and Brooks, as applied to claim 1, in view of Nelson.
Regarding Claim 16, Modified ‘364 discloses the inhalator device of claim 1,
Modified ‘364 further comprising a vibratory output interface.
However, Nelson teaches a vibratory output interface in an inhalator device (para. 0074).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘364 to include the a vibratory output interface as taught by Nelson for the purpose of causing a notice, warning, or announcement that calls attention to a circumstance or event. The alarm for next use may indicate a dispensing time for sensitive medicines to the user (para. 0074).
Regarding Claim 25, Modified ‘364 discloses the inhalator device of claim 1,
Modified ‘364 further comprising a Bluetooth data interface.
However, Nelson teaches a Bluetooth data interface (0071).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘364 to include the a Bluetooth data interface as taught by Nelson for the purpose of wireless communication to the user (para. 0071).
Claim 17 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘Modified ‘364 and Brooks, as applied to claim 1, in view of Shaahin.
Regarding Claim 17, Modified ‘364 discloses the inhalator device of claim 1,
Modified ‘364 does not disclose further comprising an optical output interface.
However, Shaahin teaches an optical output interface (para. 012).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘364 to include an optical output interface as taught by Shaahin for the purpose of information input/output means in communication with the power means that displays the temperature and allows for adjustment of said temperature by controlling air flow from the fan means and heat from the heater means (para. 012).
Claim 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘Modified ‘364 and Brooks, as applied to claim 1, in view of Hughes (WO 8502346 A1).
Regarding Claim 18, Modified ‘364 discloses the inhalator device of claim 1, wherein the disposable article (Fig. 1; 12) is coupleable to the reusable part (Fig. 1; 14)
Modified ‘364 does not disclose that the couple connection is by a snap connection formed between interacting elements on the disposable article and the reusable part.
However, Hughes teaches couple connection (Fig. 4; 30) is with a snap connection formed between interacting elements (Fig. 4; 12 and 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the two components of Modified ‘364 to include the snap connection as taught by Hughes for the purpose of suitable connections means and being able to easily connect and disconnect the two components and also add a secure connection.
Regarding Claim 19, Modified ‘364 discloses the inhalator device of claim 1, wherein the interacting elements comprise one or more snap-in hook structures (Fig. 4; 30 mainly with the parts being 26, 32, 34, 36; Hughes) on the disposable article (Fig. 1; 12; Brooks) and one or more complementary latching structures (Fig.4; 34, 32, 36; Hughes) on the reusable part (Fig. 1; 14, 26; Brooks).
Regarding Claim 20, Modified ‘364 discloses the inhalator device of claim 18, wherein the interacting elements (Fig.4; 34, 32, 36; Hughes) comprise one or more structures on a housing of the reusable part (Fig. 1; 14, 26; Brooks) and one or more longitudinal extensions (Fig. 4; 30 mainly with the parts being 26, 32, 34, 36; Hughes)of the end of the housing of the disposable article (Fig. 1; 12; Brooks) opposing the end of the housing including the mouthpiece (Fig. 1; end of 22; Brooks).
Claim 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘Modified ‘364 and Brooks, as applied to claim 1, in view of Cassidy.
Regarding Claim 21, Modified ‘364 discloses the inhalator device of claim 1, wherein the reusable part (Fig. 1; 14, 26).
Modified ‘364 does not disclose further comprises one or more light emitting diodes, and wherein the control circuit is configured to communicate a charge state of the battery using at least one of the one or more light-emitting diodes.
However, Cassidy teaches one or more light-emitting diodes (Fig. 3; 370) and the control circuit is configured to communicate a charging state of the battery using at least one of the one or more light-emitting diodes (para. 0046).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘364 to include teaches one or more light-emitting diodes that is configured to communicate a charging state of the battery as taught by Cassidy for the purpose of indicating battery charge and also a warning of a hazardous condition (para. 0046).
Claims 22-23 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘364 and Brooks, as applied to claim 1, in view of Losee.
Regarding Claim 22, Modified ‘364 discloses the inhalator device of claim 1,
Modified ‘364 does not disclose specifically wherein the reusable part further comprises one or more light emitting diodes, and wherein the control circuit is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article based on usage.
However, Losee teaches wherein the reusable part (Fig. 3-4; 31) further comprises one or more light emitting diodes (Fig. 3-4; 33), and wherein the control circuit (Fig. 4; 121) is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article (Fig. 3-4; 11) based on usage (Examiner notes: Losee teaches that LEDs preferably provided to display either how many of charges 111 have been used or how many remain).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator device of Modified ‘364 to include the one or more light-emitting diodes as taught by Losee for the purpose of provide some indication to a consumer of how much of article has been used or remains to be used (Col. 5 lines 4-21).
Regarding Claim 23, Modified ‘364 discloses the inhalator device of claim 1,
Modified ‘364 does not specifically disclose wherein the control circuit is configured to block further use of the disposable article or render the disposable article unusable after usage of the disposable article has reached a changeover interval.
However, Losee teaches However, Losee teaches wherein the reusable part (Fig. 3-4; 31) further comprises one or more light emitting diodes (Fig. 3-4; 33), and wherein the control circuit (Fig. 4; 121) is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article (Fig. 3-4; 11) based on usage (Examiner notes: Losee teaches that LEDs preferably provided to display either how many of charges 111 have been used or how many remain). But does not specifically touch on wherein the control circuit is configured render the disposable article unusable after usage of the disposable article has reached a changeover interval (Examiner notes: this limitation is functional the control depending on the LED lights could render the disposable part has reached the changeover status on how many remain).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device and control of Modified ‘364 to be configured render the disposable article unusable after usage of the disposable article has reached a changeover interval as taught by Losee for the purpose of preventing further activation of the heating element or vaporizer so when the device has reached the status that it could be changed or replaced.
Claim(s) 24 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘364 and Brooks, as applied to claim 1, in view of Cross et al. (US 20050268911 A1) hereafter as Cross.
Regarding Claim 24, Modified ‘364 discloses the inhalator device of claim 1,
Modified ‘364 does not disclose specifically wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable inhalator component, optionally wherein the control circuit or the microprocessor integrated therewith is configured to implement a control operation based on information stored on the identification chip.
However, Cross teaches microprocessor (Fig. 13; 152) integrated therewith is configured to communicate with an identification chip (Fig. 13; 132; EEPROM) in the inhalator component (para. 0084); wherein the control circuit or the microprocessor (Fig. 13; 152; Cross) integrated therewith is configured to implement a control operation based on information stored on the identification chip (Fig. 13; 132; EEPROM; para. 0084; Cross).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the disposable inhalator component of Modified ‘364 to include the microprocessor integrated therewith is configured to communicate with an identification chip and control circuit integrated therewith is configured to implement a control operation based on information stored on the identification chip as taught by Cross for the purpose of control information, and monitors the number of doses remaining in the cartridge (para. 0084).
Claim(s) 26-27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘364 and Brooks, as applied to claim 1, in view Poutiatine et al. (WO 2007081947 A2), hereafter as Poutiatine.
Regarding Claim 26, Modified ‘364 discloses the inhalator device of claim 1,
Modified ‘364 does not disclose specifically wherein the inhalator device is configured to prevent unauthorized use of the inhalator device.
However, Poutiantine teaches wherein the device is configured to prevent unauthorized use of the inhalator device (Examiner notes: this limitation is function however, the prior art teaches prevention of unauthorized use with patient identification systems; para. 0111).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘364 to include the prevention of unauthorized use of the inhalator device as taught by Poutiantine for the purpose of the dispensing device is not accidentally or intentionally used by an unauthorized individual to prevent accidental or intentional diversion of the drug (para. 0111).
Regarding Claim 27, Modified ‘364 discloses the inhalator device of claim 26, wherein the inhalator device (Fig. 1; Brooks) is configured to require an input by a user that verifies authorized use of the inhalator device (para. 0111; Poutiantine).
Claims 28 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘364 in view of Brooks and Radomski. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 28 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘364 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 28, ‘364 also does not teach “a ceramic wick that supplies the liquid to the heating element, wherein the heating element and the wick’
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘364 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
‘Modified ‘364 does not disclose specifically that the wick is a ceramic wick.
However, Radomski teaches the wick is a ceramic wick.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the wick in‘364 to be made out of ceramic as taught by Radomski for the purpose of its porous properties that allows the liquid to be evaporated is delivered into the evaporator tube by capillary forces withstand a respiration pressure (para. 0009).
Claim 1 of ‘364
An inhalator component for the intermittent formation, synchronous with inhalation or drawing, of a vapor-air mixture and/or condensation aerosol, comprising:
a housing;
a chamber arranged in the housing;
an air admission opening for the supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor-air mixture and/or condensation aerosol is formed;
and a wick with a capillary structure, said wick forms a composite with the heating element and automatically resupplies the heating element with the liquid material following evaporation, wherein the heating element and the wick are arranged in the same surface and/or in mutually parallel surfaces and are connected to each other, at least one heated section of the composite is arranged in the chamber in a contact-free manner, the capillary structure of the wick in said section is substantially exposed at least on one side of the composite, and the connection between the heating element and the wick extends over the entire extent of the wick.
Claim 30 of ‘364
An inhalator component for the intermittent formation, synchronous with inhalation or drawing, of a vapor-air mixture and/or condensation aerosol, comprising: a housing; a chamber arranged in the housing; an air admission opening for the supply of air from the surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor-air mixture and/or condensation aerosol is formed; and a wick with a capillary structure, said wick forms a composite with the heating element and automatically resupplies the heating element with the liquid material following evaporation, wherein the composite is of linear design, at least one heated section of the composite is arranged in the chamber in a contact-free manner, the capillary structure of the wick in said section is substantially exposed, and the heating element and the wick are connected over the entire extent of the wick.
Claims 30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘364 in view in view of Brooks and Cross. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 30 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘364 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 30, ‘364 also does not teach “wherein the heating element and the wick are arranged to have mutually parallel surfaces wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable article.”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘364 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Modified ‘364 does not specifically disclose wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable article.
However, Cross teaches microprocessor (Fig. 13; 152) integrated therewith is configured to communicate with an identification chip (Fig. 13; 132; EEPROM) in the inhalator component (para. 0084).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the disposable inhalator component of ‘043 to include the microprocessor integrated therewith is configured to communicate with an identification chip and control circuit integrated therewith is configured to implement a control operation based on information stored on the identification chip as taught by Cross for the purpose of control information, and monitors the number of doses remaining in the cartridge (para. 0084).
Claim 1 of ‘364
An inhalator component for the intermittent formation, synchronous with inhalation or drawing, of a vapor-air mixture and/or condensation aerosol, comprising:
a housing;
a chamber arranged in the housing;
an air admission opening for the supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor-air mixture and/or condensation aerosol is formed;
and a wick with a capillary structure, said wick forms a composite with the heating element and automatically resupplies the heating element with the liquid material following evaporation, wherein the heating element and the wick are arranged in the same surface and/or in mutually parallel surfaces and are connected to each other, at least one heated section of the composite is arranged in the chamber in a contact-free manner, the capillary structure of the wick in said section is substantially exposed at least on one side of the composite, and the connection between the heating element and the wick extends over the entire extent of the wick.
Claim 30 of ‘364
An inhalator component for the intermittent formation, synchronous with inhalation or drawing, of a vapor-air mixture and/or condensation aerosol, comprising: a housing; a chamber arranged in the housing; an air admission opening for the supply of air from the surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the vapor which is formed is mixed in the chamber with the air supplied through the air admission opening, and the vapor-air mixture and/or condensation aerosol is formed; and a wick with a capillary structure, said wick forms a composite with the heating element and automatically resupplies the heating element with the liquid material following evaporation, wherein the composite is of linear design, at least one heated section of the composite is arranged in the chamber in a contact-free manner, the capillary structure of the wick in said section is substantially exposed, and the heating element and the wick are connected over the entire extent of the wick.
Claims 1, 8, 10, 15, and 29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 6, 11, 12, or 15 of U.S. Patent No. 10543323, hereafter as ‘323 in view of Brooks.
Claim 1 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘323 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and
a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘323 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Claim 29 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘323 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 29, ‘323 also does not teach “wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element, and wherein each of the pair of plate-like heater contacts includes a protruding portion that protrudes out of an outer surface of the housing”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22); wherein each of the pair of plate-like heater contacts includes a protruding portion that protrudes out of an outer surface of the housing of the disposable article (Fig. 1, contacts 40, 41 protrude out of housing 12 and result in two plug contacts with terminals 42, 43) at an end of the housing opposing the end of the housing including the mouthpiece (Fig. 1), the protruding portion being configured for engaging corresponding electrical contacts of the reusable part (Fig. 1; 12 and 14 engage with each other).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘323 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Claim 1 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, wherein the composite has a maximum thickness of less than 0.6 millimeters (mm) and wherein the capillary structure of the composite is exposed to the chamber over a majority of the wick.
Claim 3 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, wherein the composite has a porosity of greater than 50% and wherein the capillary structure of the composite is exposed to the chamber of a majority of the wick.
Claim 6 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, wherein the electric heating element is at least partially integrated in the wick and the wick at least partially consists of an electric resistance material, and wherein the composite has an open-pored sintered structure and wherein the capillary structure of the composite is exposed to the chamber over a majority of the wick.
Claim 11 of ‘323An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, wherein the electric heating element is integrated in the wick along the entire length of the composite, and the wick at least partially consists of an electric resistance material; and a plurality of electrical contacts each connected with the composite at a laser weld.
Claim 12 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; a liquid container, arranged in the housing or connected to the housing, that contains a liquid material; an electric heating element for evaporating a portion of the liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; a wick with a capillary structure, wherein the wick forms a composite with the heating element and automatically resupplies the heating element with the liquid material following evaporation, wherein the heating element is integrated in the wick along the entire length of the composite, and wherein the wick is in connection with the liquid container; and a buffer store that is in connection with the liquid container and is configured to receive liquid material from the liquid container and to dispense the received liquid material to the wick for automatic resupplying of the electric heating element with the liquid material following evaporation.
Claim 15 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element comprises an induction heating element, and wherein the electric heating element is configured to form a vapor to be mixed in the chamber with the air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, and wherein the electric heating element is at least partially integrated in the wick and the wick at least partially consists of an electric resistance material and wherein the capillary structure of the composite is exposed to the chamber over a majority of the wick.
Regarding Claim 8, Modified ‘323 discloses the inhalator device of claim 1,
Modified ‘323 does not wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element.
However, Brooks teaches wherein the plurality of electrical contacts includes a pair of plate-like heater contacts (Fig. 1; 40, 41 can be described as “plate-like”) that are arranged about a heated section of the heating element.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘323 to include wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element as taught by Brooks for the purpose of the electrical connection means includes means for connecting the resistance element to a battery or other external power source, and preferably includes an air passageway used in conjunction with the preferred puff actuated current actuation means as is shown in the art.
Regarding Claim 10, Modified ‘323 discloses the inhalator device of claim 1, wherein the mouthpiece (Fig. 1; at the end of 22; Brooks) is integral with the housing (claim 1).
Regarding Claim 15, Modified ‘323 discloses the inhalator device of claim 1,
Modified ‘323 does not specifically disclose further comprising a sensor configured to detect the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit.
Brooks teaches further comprising a sensor (Fig. 1; 28) configured to detect the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit (Col. 11 lines 5-45; This is a functional limitation: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘323 to include a sensor as taught by Brooks for the purpose of detecting the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit so the control is able to deliver the vapor when the user.36. Claims 2 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 6, 11, 12, or 15 of Modified ‘323 and Brooks, as applied to claim 1, in view of Warchol.
Regarding Claim 2, ‘Modified ‘323 discloses the inhalator device of claim 1,
Modified ‘323 does not specifically disclose wherein the liquid is in the housing and includes one or both of lactic acid and benzoic acid.
However, Warchol teaches a liquid material (Col. 5, ln. 30-45 discloses a liquid formulation as an ethanol-based formulation) comprising: one or more acids including benzoic (Col. 7, ln. 57, discloses that benzoic acid could be used as part of the nicotine salt), Warchol also teaches that such a liquid formulation can be used as therapy for treating addiction to tobacco (Abstract).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the liquid material of Modified ‘323 be the liquid formulation of Warchol to help a user treat an addiction to tobacco if so desired by the user. The modified liquid material would retain a flavor substance as taught by Brooks (col. 5, ln. 52-53) within the liquid formulation of Warchol.
Claims 3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over 1, 3, 6, 11, 12, or 15 of Modified ‘323 and Brooks, as applied to claim 1, in view of Vetter.
Regarding Claim 3, Modified ‘323 discloses the inhalator device of claim 1,
Modified ‘323 does not disclose wherein the corresponding electrical contacts of the reusable part are spring contacts
However, Vetter teaches electrical contacts that are spring contacts (Fig. 2; 8-9).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the electric contact of Modified ‘323 to be spring contacts as taught by Vetter for the purpose of when the pin is inserted into spring contacts are so the electric contact is established first. Also, spring contact is known in the art to hold the pins in place for electric contact (Col. 2 lns. 19-22).
Claim(s) 6-7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over 1, 3, 6, 11, 12, or 15 of Modified ‘323 and Brooks, as applied to claim 1, in view of Han (US 20090095311 A1), hereafter as Han.
Regarding Claim 6, Modified ‘323 discloses the inhalator device of claim 1, wherein the heating element (18) and the wick (Col. 6 lines 22-65; porous substrate) are arranged on surfaces and are connected to each other (Examiner notes: the “wick” have intimate contact with the resistance heating components and the like; Col. 6 lines 25-27; Fig. 1).
Modified ‘323 does not specifically disclose that the heating element and the wick are arranged mutually parallel surfaces.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in Modified ‘323 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Regarding Claim 7, Modified ‘323 discloses the inhalator device of claim 6, wherein the heating element (18; Brooks) is at least partially integrated with the wick (Col. 6 lines 22-65; porous substrate; Brooks) to define a composite structure (Col. 6 lines: 5-27; Examiner notes: forms a wick/heating element complex; and discloses integration between the heating components and the porous substrate Brooks; Also Fig. 18 Han).
Claim 9 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over 1, 3, 6, 11, 12, or 15 of Modified ‘323 and Brooks, as applied to claim 8, in view of Honour (US 4978814 A).
Regarding Claim 9, Modified ‘323 discloses the inhalator device of claim 8, wherein each plate-like heater contact (Fig 1, 40-41).
‘323 does not disclose wherein the pair of plate-like heater contacts is welded or sintered to one or more portions of the heating element.
However, Honour teaches that use of electrically conductive adhesive is an inexpensive way to connected heating elements to contact members (Col 1, ln. 5-11; Fig. 1, electrically conductive adhesive 6; claim 1 discloses the adhesive as electrically conductive; Honour, col. 2, ln. 53-54, discloses use of welding at the connection in addition to the adhesive in order to ensure a good connection).
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to modify the heating composite and contact connect of Modified ‘323 to be made of an electrically conductive adhesive connection as taught by Honour in order to provide a good, inexpensive, electrical connection (Col. 2, ln. 53-54).
Claim 11 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over 1, 3, 6, 11, 12, or 15 of Modified ‘323 and Brooks, as applied to claim 1, in view of Sprinkel.
Regarding Claim 11, Modified ‘323 discloses the inhalator device of claim 1,
Modified ‘323 does not disclose specifically does not specifically disclose wherein the mouthpiece is separate from and connectable to the housing.
However, Sprinkel teaches that mouthpiece (Fig. 1 or 15B; 132 and 134) is separate from and connectable to the housing(Col. 5 lines 19-62).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the mouthpiece of ‘323 to be able to be separate and connectable to the housing as taught by Sprinkel as this mouthpiece is made reduce the number of occurrences of discrete component replacements but the mouthpiece can be replaced by the smoker more or less frequently than the tobacco supply.
Claim 16 and 25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘Modified ‘323 and Brooks, as applied to claim 1, in view of Nelson.
Regarding Claim 16, Modified ‘323 discloses the inhalator device of claim 1,
Modified ‘323 further comprising a vibratory output interface.
However, Nelson teaches a vibratory output interface in an inhalator device (para. 0074).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘323 to include the a vibratory output interface as taught by Nelson for the purpose of causing a notice, warning, or announcement that calls attention to a circumstance or event. The alarm for next use may indicate a dispensing time for sensitive medicines to the user (para. 0074).
Regarding Claim 25, Modified ‘323 discloses the inhalator device of claim 1,
Modified ‘323 further comprising a Bluetooth data interface.
However, Nelson teaches a Bluetooth data interface (0071).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘323 to include the a Bluetooth data interface as taught by Nelson for the purpose of wireless communication to the user (para. 0071).
Claim 17 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over 1, 3, 6, 11, 12, or 15 of Modified ‘323 and Brooks, as applied to claim 1, in view of Shaahin.
Regarding Claim 17, Modified ‘323 discloses the inhalator device of claim 1,
Modified ‘323 does not disclose further comprising an optical output interface.
However, Shaahin teaches an optical output interface (para. 012).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘323 to include an optical output interface as taught by Shaahin for the purpose of information input/output means in communication with the power means that displays the temperature and allows for adjustment of said temperature by controlling air flow from the fan means and heat from the heater means (para. 012).
Claim 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over 1, 3, 6, 11, 12, or 15 of Modified ‘323 and Brooks, as applied to claim 1, in view of Hughes (WO 8502346 A1).
Regarding Claim 18, Modified ‘323 discloses the inhalator device of claim 1, wherein the disposable article (Fig. 1; 12) is coupleable to the reusable part (Fig. 1; 14)
Modified ‘323 does not disclose that the couple connection is by a snap connection formed between interacting elements on the disposable article and the reusable part.
However, Hughes teaches couple connection (Fig. 4; 30) is with a snap connection formed between interacting elements (Fig. 4; 12 and 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the two components of Modified ‘483 to include the snap connection as taught by Hughes for the purpose of suitable connections means and being able to easily connect and disconnect the two components and also add a secure connection.
Regarding Claim 19, Modified ‘323 discloses the inhalator device of claim 1, wherein the interacting elements comprise one or more snap-in hook structures (Fig. 4; 30 mainly with the parts being 26, 32, 34, 36; Hughes) on the disposable article (Fig. 1; 12; Brooks) and one or more complementary latching structures (Fig.4; 34, 32, 36; Hughes) on the reusable part (Fig. 1; 14, 26; Brooks).
Regarding Claim 20, Modified ‘323 discloses the inhalator device of claim 18, wherein the interacting elements (Fig.4; 34, 32, 36; Hughes) comprise one or more structures on a housing of the reusable part (Fig. 1; 14, 26; Brooks) and one or more longitudinal extensions (Fig. 4; 30 mainly with the parts being 26, 32, 34, 36; Hughes)of the end of the housing of the disposable article (Fig. 1; 12; Brooks) opposing the end of the housing including the mouthpiece (Fig. 1; end of 22; Brooks).
Claim 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 6, 11, 12, or 15 of Modified ‘323 and Brooks, as applied to claim 1, in view of Cassidy.
Regarding Claim 21, Modified ‘323 discloses the inhalator device of claim 1, wherein the reusable part (Fig. 1; 14, 26).
Modified ‘323 does not disclose further comprises one or more light emitting diodes, and wherein the control circuit is configured to communicate a charge state of the battery using at least one of the one or more light-emitting diodes.
However, Cassidy teaches one or more light-emitting diodes (Fig. 3; 370) and the control circuit is configured to communicate a charging state of the battery using at least one of the one or more light-emitting diodes (para. 0046).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘323 to include teaches one or more light-emitting diodes that is configured to communicate a charging state of the battery as taught by Cassidy for the purpose of indicating battery charge and also a warning of a hazardous condition (para. 0046).
Claims 22-23 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 6, 11, 12, or 15 of Modified ‘323 and Brooks, as applied to claim 1, in view of Losee.
Regarding Claim 22, Modified ‘323 discloses the inhalator device of claim 1,
Modified ‘323 does not disclose specifically wherein the reusable part further comprises one or more light emitting diodes, and wherein the control circuit is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article based on usage.
However, Losee teaches wherein the reusable part (Fig. 3-4; 31) further comprises one or more light emitting diodes (Fig. 3-4; 33), and wherein the control circuit (Fig. 4; 121) is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article (Fig. 3-4; 11) based on usage (Examiner notes: Losee teaches that LEDs preferably provided to display either how many of charges 111 have been used or how many remain).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator device of ‘323 to include the one or more light-emitting diodes as taught by Losee for the purpose of provide some indication to a consumer of how much of article has been used or remains to be used (Col. 5 lines 4-21). Regarding Claim 23, Modified ‘323 discloses the inhalator device of claim 1,
Modified ‘323 does not specifically disclose wherein the control circuit is configured to block further use of the disposable article or render the disposable article unusable after usage of the disposable article has reached a changeover interval.
However, Losee teaches However, Losee teaches wherein the reusable part (Fig. 3-4; 31) further comprises one or more light emitting diodes (Fig. 3-4; 33), and wherein the control circuit (Fig. 4; 121) is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article (Fig. 3-4; 11) based on usage (Examiner notes: Losee teaches that LEDs preferably provided to display either how many of charges 111 have been used or how many remain). But does not specifically touch on wherein the control circuit is configured render the disposable article unusable after usage of the disposable article has reached a changeover interval (Examiner notes: this limitation is functional the control depending on the LED lights could render the disposable part has reached the changeover status on how many remain).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device and control of Modified ‘323 to be configured render the disposable article unusable after usage of the disposable article has reached a changeover interval as taught by Losee for the purpose of preventing further activation of the heating element or vaporizer so when the device has reached the status that it could be changed or replaced.
Claim(s) 24 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘323 and Brooks, as applied to claim 1, in view of Cross et al. (US 20050268911 A1) hereafter as Cross.
Regarding Claim 24, Modified ‘323 discloses the inhalator device of claim 1,
Modified ‘323 does not disclose specifically wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable inhalator component, optionally wherein the control circuit or the microprocessor integrated therewith is configured to implement a control operation based on information stored on the identification chip.
However, Cross teaches microprocessor (Fig. 13; 152) integrated therewith is configured to communicate with an identification chip (Fig. 13; 132; EEPROM) in the inhalator component (para. 0084); wherein the control circuit or the microprocessor (Fig. 13; 152; Cross) integrated therewith is configured to implement a control operation based on information stored on the identification chip (Fig. 13; 132; EEPROM; para. 0084; Cross).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the disposable inhalator component of Modified ‘323 to include the microprocessor integrated therewith is configured to communicate with an identification chip and control circuit integrated therewith is configured to implement a control operation based on information stored on the identification chip as taught by Cross for the purpose of control information, and monitors the number of doses remaining in the cartridge (para. 0084).
Claim(s) 26-27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘323 and Brooks, as applied to claim 1, in view Poutiatine et al. (WO 2007081947 A2), hereafter as Poutiatine.
Regarding Claim 26, Modified ‘323 discloses the inhalator device of claim 1,
Modified ‘323 does not disclose specifically wherein the inhalator device is configured to prevent unauthorized use of the inhalator device.
However, Poutiantine teaches wherein the device is configured to prevent unauthorized use of the inhalator device (Examiner notes: this limitation is function however, the prior art teaches prevention of unauthorized use with patient identification systems; para. 0111).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘323 to include the prevention of unauthorized use of the inhalator device as taught by Poutiantine for the purpose of the dispensing device is not accidentally or intentionally used by an unauthorized individual to prevent accidental or intentional diversion of the drug (para. 0111).
Regarding Claim 27, Modified ‘323 discloses the inhalator device of claim 26, wherein the inhalator device (Fig. 1; Brooks) is configured to require an input by a user that verifies authorized use of the inhalator device (para. 0111; Poutiantine).
Claims 28 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 or 30 of ‘323 in view of Brooks and Radomski and Han. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 28 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘323 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 28, ‘323 also does not teach “a ceramic wick that supplies the liquid to the heating element, wherein the heating element and the wick and wherein the heating element and the wick are arranged in mutually parallel surfaces and are connected to each other so that the heating element is at least partially integrated with the wick to define a composite structure.
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘323 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
‘Modified ‘323 does not disclose specifically that the wick is a ceramic wick.
However, Radomski teaches the wick is a ceramic wick.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the wick in’323 to be made out of ceramic as taught by Radomski for the purpose of its porous properties that allows the liquid to be evaporated is delivered into the evaporator tube by capillary forces withstand a respiration pressure (para. 0009).
Modified ‘323 does not specifically disclose wherein the heating element and the wick are arranged in mutually parallel surfaces and are connected to each other so that the heating element is at least partially integrated with the wick to define a composite structure.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in ‘362 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Claim 1 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, wherein the composite has a maximum thickness of less than 0.6 millimeters (mm) and wherein the capillary structure of the composite is exposed to the chamber over a majority of the wick.
Claim 3 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, wherein the composite has a porosity of greater than 50% and wherein the capillary structure of the composite is exposed to the chamber of a majority of the wick.
Claim 6 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, wherein the electric heating element is at least partially integrated in the wick and the wick at least partially consists of an electric resistance material, and wherein the composite has an open-pored sintered structure and wherein the capillary structure of the composite is exposed to the chamber over a majority of the wick.
Claim 11 of ‘323An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, wherein the electric heating element is integrated in the wick along the entire length of the composite, and the wick at least partially consists of an electric resistance material; and a plurality of electrical contacts each connected with the composite at a laser weld.
Claim 12 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; a liquid container, arranged in the housing or connected to the housing, that contains a liquid material; an electric heating element for evaporating a portion of the liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; a wick with a capillary structure, wherein the wick forms a composite with the heating element and automatically resupplies the heating element with the liquid material following evaporation, wherein the heating element is integrated in the wick along the entire length of the composite, and wherein the wick is in connection with the liquid container; and a buffer store that is in connection with the liquid container and is configured to receive liquid material from the liquid container and to dispense the received liquid material to the wick for automatic resupplying of the electric heating element with the liquid material following evaporation.
Claim 15 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element comprises an induction heating element, and wherein the electric heating element is configured to form a vapor to be mixed in the chamber with the air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, and wherein the electric heating element is at least partially integrated in the wick and the wick at least partially consists of an electric resistance material and wherein the capillary structure of the composite is exposed to the chamber over a majority of the wick.
Claims 30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 3, 6, 11, 12, or 15 of Modified ‘323 in view in view of Brooks, Han, and Cross. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 30 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘323 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 30, ‘323 also does not teach “wherein the heating element and the wick are arranged to have mutually parallel surfaces wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable article.”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘323 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Modified ‘323 does not specifically disclose wherein the heating element and the wick are arranged in mutually parallel surfaces and are connected to each other so that the heating element is at least partially integrated with the wick to define a composite structure.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in ‘323 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Modified ‘323 does not specifically disclose wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable article.
However, Cross teaches microprocessor (Fig. 13; 152) integrated therewith is configured to communicate with an identification chip (Fig. 13; 132; EEPROM) in the inhalator component (para. 0084).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the disposable inhalator component of ‘323 to include the microprocessor integrated therewith is configured to communicate with an identification chip and control circuit integrated therewith is configured to implement a control operation based on information stored on the identification chip as taught by Cross for the purpose of control information, and monitors the number of doses remaining in the cartridge (para. 0084).
Claim 1 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, wherein the composite has a maximum thickness of less than 0.6 millimeters (mm) and wherein the capillary structure of the composite is exposed to the chamber over a majority of the wick.
Claim 3 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, wherein the composite has a porosity of greater than 50% and wherein the capillary structure of the composite is exposed to the chamber of a majority of the wick.
Claim 6 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, wherein the electric heating element is at least partially integrated in the wick and the wick at least partially consists of an electric resistance material, and wherein the composite has an open-pored sintered structure and wherein the capillary structure of the composite is exposed to the chamber over a majority of the wick.
Claim 11 of ‘323An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, wherein the electric heating element is integrated in the wick along the entire length of the composite, and the wick at least partially consists of an electric resistance material; and a plurality of electrical contacts each connected with the composite at a laser weld.
Claim 12 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; a liquid container, arranged in the housing or connected to the housing, that contains a liquid material; an electric heating element for evaporating a portion of the liquid material, wherein the electric heating element is configured to form a vapor to be mixed in the chamber with air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; a wick with a capillary structure, wherein the wick forms a composite with the heating element and automatically resupplies the heating element with the liquid material following evaporation, wherein the heating element is integrated in the wick along the entire length of the composite, and wherein the wick is in connection with the liquid container; and a buffer store that is in connection with the liquid container and is configured to receive liquid material from the liquid container and to dispense the received liquid material to the wick for automatic resupplying of the electric heating element with the liquid material following evaporation.
Claim 15 of ‘323
An inhalator component for an inhalator device, for the intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, the inhalator component comprising: a housing; a chamber arranged in the housing; an air admission opening for a supply of air from surroundings to the chamber; an electric heating element for evaporating a portion of a liquid material, wherein the electric heating element comprises an induction heating element, and wherein the electric heating element is configured to form a vapor to be mixed in the chamber with the air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol; and a wick with a capillary structure, wherein the wick forms a composite with the electric heating element and automatically resupplies the electric heating element with the liquid material following evaporation, and wherein the electric heating element is at least partially integrated in the wick and the wick at least partially consists of an electric resistance material and wherein the capillary structure of the composite is exposed to the chamber over a majority of the wick.
Claims 1, 8, 10, 15 and 29 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 12558496, hereafter as ‘496 in view of Brooks.
Claim 1 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘496 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and
a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘496 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Claim 29 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘496 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 29, ‘496 also does not teach “wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element, and wherein each of the pair of plate-like heater contacts includes a protruding portion that protrudes out of an outer surface of the housing”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22); wherein each of the pair of plate-like heater contacts includes a protruding portion that protrudes out of an outer surface of the housing of the disposable article (Fig. 1, contacts 40, 41 protrude out of housing 12 and result in two plug contacts with terminals 42, 43) at an end of the housing opposing the end of the housing including the mouthpiece (Fig. 1), the protruding portion being configured for engaging corresponding electrical contacts of the reusable part (Fig. 1; 12 and 14 engage with each other).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘496 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Claim 1 of ‘496
An inhalator component for an inhalator device, for intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, comprising:
a housing; a liquid container arranged in the housing; the liquid container being configured such that it can neither be removed from the housing nor separated from the housing;
a chamber arranged in the housing;
an air admission opening for supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material, wherein a vapor that is formed is mixed in the chamber with the air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol;
a wick with an open-pored capillary structure, the wick forming a composite with the heating element, wherein the open pores of the capillary structure are substantially exposed on at least one side of the composite, and wherein the capillary structure of the wick is substantially exposed on a side of the composite that is opposite the heating element; and a cooler through which the at least one of the vapor air mixture or condensation aerosol passes, wherein the cooler is formed by a tobacco filling and a perforated wall, wherein the tobacco filling is located in a filling space which is bounded by the perforated wall on an inlet side of flow of the vapor air mixture or condensation aerosol, and wherein the cooler is separably connected to the housing.
Regarding Claim 8, Modified ‘496 discloses the inhalator device of claim 1,
Modified ‘496 does not wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element.
However, Brooks teaches wherein the plurality of electrical contacts includes a pair of plate-like heater contacts (Fig. 1; 40, 41 can be described as “plate-like”) that are arranged about a heated section of the heating element.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘323 to include wherein the plurality of electrical contacts includes a pair of plate-like heater contacts that are arranged about a heated section of the heating element as taught by Brooks for the purpose of the electrical connection means includes means for connecting the resistance element to a battery or other external power source, and preferably includes an air passageway used in conjunction with the preferred puff actuated current actuation means as is shown in the art.
Regarding Claim 10, Modified ‘496 discloses the inhalator device of claim 1, wherein the mouthpiece (Fig. 1; at the end of 22; Brooks) is integral with the housing (claim 1).
Regarding Claim 15, Modified ‘496 discloses the inhalator device of claim 1,
Modified ‘496 does not specifically disclose further comprising a sensor configured to detect the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit.
Brooks teaches further comprising a sensor (Fig. 1; 28) configured to detect the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit (Col. 11 lines 5-45; This is a functional limitation: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘496 to include a sensor as taught by Brooks for the purpose of detecting the inhalation on the mouthpiece of the inhalator device and output a signal to the circuit so the control is able to deliver the vapor when the user.36. Claims 2 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 Modified ‘496 and Brooks, as applied to claim 1, in view of Warchol.
Regarding Claim 2, ‘Modified ‘496 discloses the inhalator device of claim 1,
Modified ‘496 does not specifically disclose wherein the liquid is in the housing and includes one or both of lactic acid and benzoic acid.
However, Warchol teaches a liquid material (Col. 5, ln. 30-45 discloses a liquid formulation as an ethanol-based formulation) comprising: one or more acids including benzoic (Col. 7, ln. 57, discloses that benzoic acid could be used as part of the nicotine salt), Warchol also teaches that such a liquid formulation can be used as therapy for treating addiction to tobacco (Abstract).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the liquid material of Modified ‘496 be the liquid formulation of Warchol to help a user treat an addiction to tobacco if so desired by the user. The modified liquid material would retain a flavor substance as taught by Brooks (col. 5, ln. 52-53) within the liquid formulation of Warchol.
Claims 3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of Modified ‘496 and Brooks, as applied to claim 1, in view of Vetter.
Regarding Claim 3, Modified ‘496 discloses the inhalator device of claim 1,
Modified ‘496 does not disclose wherein the corresponding electrical contacts of the reusable part are spring contacts
However, Vetter teaches electrical contacts that are spring contacts (Fig. 2; 8-9).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the electric contact of Modified ‘496 to be spring contacts as taught by Vetter for the purpose of when the pin is inserted into spring contacts are so the electric contact is established first. Also, spring contact is known in the art to hold the pins in place for electric contact (Col. 2 lns. 19-22).
Claim(s) 6-7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over 1 of Modified ‘496 and Brooks, as applied to claim 1, in view of Han (US 20090095311 A1), hereafter as Han.
Regarding Claim 6, Modified ‘496 discloses the inhalator device of claim 1, wherein the heating element (18) and the wick (Col. 6 lines 22-65; porous substrate) are arranged on surfaces and are connected to each other (Examiner notes: the “wick” have intimate contact with the resistance heating components and the like; Col. 6 lines 25-27; Fig. 1).
Modified ‘496 does not specifically disclose that the heating element and the wick are arranged mutually parallel surfaces.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in Modified ‘496 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Regarding Claim 7, Modified ‘496 discloses the inhalator device of claim 6, wherein the heating element (18; Brooks) is at least partially integrated with the wick (Col. 6 lines 22-65; porous substrate; Brooks) to define a composite structure (Col. 6 lines: 5-27; Examiner notes: forms a wick/heating element complex; and discloses integration between the heating components and the porous substrate Brooks; Also Fig. 18 Han).
Claim 9 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over 1 of Modified ‘496 and Brooks, as applied to claim 8, in view of Honour (US 4978814 A).
Regarding Claim 9, Modified ‘496 discloses the inhalator device of claim 8, wherein each plate-like heater contact (Fig 1, 40-41).
‘496 does not disclose wherein the pair of plate-like heater contacts is welded or sintered to one or more portions of the heating element.
However, Honour teaches that use of electrically conductive adhesive is an inexpensive way to connected heating elements to contact members (Col 1, ln. 5-11; Fig. 1, electrically conductive adhesive 6; claim 1 discloses the adhesive as electrically conductive; Honour, col. 2, ln. 53-54, discloses use of welding at the connection in addition to the adhesive in order to ensure a good connection).
Therefore, it would have been obvious to one of ordinary skill at the time the invention was made to modify the heating composite and contact connect of Modified ‘496 to be made of an electrically conductive adhesive connection as taught by Honour in order to provide a good, inexpensive, electrical connection (Col. 2, ln. 53-54).
Claim 11 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over 1 Modified ‘496 and Brooks, as applied to claim 1, in view of Sprinkel.
Regarding Claim 11, Modified ‘496 discloses the inhalator device of claim 1,
Modified ‘496 does not disclose specifically does not specifically disclose wherein the mouthpiece is separate from and connectable to the housing.
However, Sprinkel teaches that mouthpiece (Fig. 1 or 15B; 132 and 134) is separate from and connectable to the housing(Col. 5 lines 19-62).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the mouthpiece of ‘323 to be able to be separate and connectable to the housing as taught by Sprinkel as this mouthpiece is made reduce the number of occurrences of discrete component replacements but the mouthpiece can be replaced by the smoker more or less frequently than the tobacco supply.
Claim 16 and 25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of Modified '496 and Brooks, as applied to claim 1, in view of Nelson.
Regarding Claim 16, Modified ‘496 discloses the inhalator device of claim 1,
Modified ‘496 further comprising a vibratory output interface.
However, Nelson teaches a vibratory output interface in an inhalator device (para. 0074).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘496 to include the a vibratory output interface as taught by Nelson for the purpose of causing a notice, warning, or announcement that calls attention to a circumstance or event. The alarm for next use may indicate a dispensing time for sensitive medicines to the user (para. 0074).
Regarding Claim 25, Modified ‘496 discloses the inhalator device of claim 1,
Modified ‘496 further comprising a Bluetooth data interface.
However, Nelson teaches a Bluetooth data interface (0071).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘496 to include the a Bluetooth data interface as taught by Nelson for the purpose of wireless communication to the user (para. 0071).
Claim 17 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over 1 of Modified ‘496 and Brooks, as applied to claim 1, in view of Shaahin.
Regarding Claim 17, Modified ‘496 discloses the inhalator device of claim 1,
Modified ‘496 does not disclose further comprising an optical output interface.
However, Shaahin teaches an optical output interface (para. 012).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘496 to include an optical output interface as taught by Shaahin for the purpose of information input/output means in communication with the power means that displays the temperature and allows for adjustment of said temperature by controlling air flow from the fan means and heat from the heater means (para. 012).
Claim 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over 1 of Modified ‘496 and Brooks, as applied to claim 1, in view of Hughes (WO 8502346 A1).
Regarding Claim 18, Modified ‘496 discloses the inhalator device of claim 1, wherein the disposable article (Fig. 1; 12) is coupleable to the reusable part (Fig. 1; 14)
Modified ‘496 does not disclose that the couple connection is by a snap connection formed between interacting elements on the disposable article and the reusable part.
However, Hughes teaches couple connection (Fig. 4; 30) is with a snap connection formed between interacting elements (Fig. 4; 12 and 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the two components of Modified ‘483 to include the snap connection as taught by Hughes for the purpose of suitable connections means and being able to easily connect and disconnect the two components and also add a secure connection.
Regarding Claim 19, Modified ‘496 discloses the inhalator device of claim 1, wherein the interacting elements comprise one or more snap-in hook structures (Fig. 4; 30 mainly with the parts being 26, 32, 34, 36; Hughes) on the disposable article (Fig. 1; 12; Brooks) and one or more complementary latching structures (Fig.4; 34, 32, 36; Hughes) on the reusable part (Fig. 1; 14, 26; Brooks).
Regarding Claim 20, Modified ‘496 discloses the inhalator device of claim 18, wherein the interacting elements (Fig.4; 34, 32, 36; Hughes) comprise one or more structures on a housing of the reusable part (Fig. 1; 14, 26; Brooks) and one or more longitudinal extensions (Fig. 4; 30 mainly with the parts being 26, 32, 34, 36; Hughes)of the end of the housing of the disposable article (Fig. 1; 12; Brooks) opposing the end of the housing including the mouthpiece (Fig. 1; end of 22; Brooks).
Claim 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of Modified ‘496 and Brooks, as applied to claim 1, in view of Cassidy.
Regarding Claim 21, Modified ‘496 discloses the inhalator device of claim 1, wherein the reusable part (Fig. 1; 14, 26).
Modified ‘496 does not disclose further comprises one or more light emitting diodes, and wherein the control circuit is configured to communicate a charge state of the battery using at least one of the one or more light-emitting diodes.
However, Cassidy teaches one or more light-emitting diodes (Fig. 3; 370) and the control circuit is configured to communicate a charging state of the battery using at least one of the one or more light-emitting diodes (para. 0046).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘496 to include teaches one or more light-emitting diodes that is configured to communicate a charging state of the battery as taught by Cassidy for the purpose of indicating battery charge and also a warning of a hazardous condition (para. 0046).
Claims 22-23 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of Modified ‘496 and Brooks, as applied to claim 1, in view of Losee.
Regarding Claim 22, Modified ‘496 discloses the inhalator device of claim 1,
Modified ‘496 does not disclose specifically wherein the reusable part further comprises one or more light emitting diodes, and wherein the control circuit is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article based on usage.
However, Losee teaches wherein the reusable part (Fig. 3-4; 31) further comprises one or more light emitting diodes (Fig. 3-4; 33), and wherein the control circuit (Fig. 4; 121) is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article (Fig. 3-4; 11) based on usage (Examiner notes: Losee teaches that LEDs preferably provided to display either how many of charges 111 have been used or how many remain).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator device of ‘496 to include the one or more light-emitting diodes as taught by Losee for the purpose of provide some indication to a consumer of how much of article has been used or remains to be used (Col. 5 lines 4-21). Regarding Claim 23, Modified ‘496 discloses the inhalator device of claim 1,
Modified ‘496 does not specifically disclose wherein the control circuit is configured to block further use of the disposable article or render the disposable article unusable after usage of the disposable article has reached a changeover interval.
However, Losee teaches However, Losee teaches wherein the reusable part (Fig. 3-4; 31) further comprises one or more light emitting diodes (Fig. 3-4; 33), and wherein the control circuit (Fig. 4; 121) is configured to cause at least one of the one or more light-emitting diodes to indicate a changeover interval status of the disposable article (Fig. 3-4; 11) based on usage (Examiner notes: Losee teaches that LEDs preferably provided to display either how many of charges 111 have been used or how many remain). But does not specifically touch on wherein the control circuit is configured render the disposable article unusable after usage of the disposable article has reached a changeover interval (Examiner notes: this limitation is functional the control depending on the LED lights could render the disposable part has reached the changeover status on how many remain).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device and control of Modified ‘496 to be configured render the disposable article unusable after usage of the disposable article has reached a changeover interval as taught by Losee for the purpose of preventing further activation of the heating element or vaporizer so when the device has reached the status that it could be changed or replaced.
Claim(s) 24 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘496 and Brooks, as applied to claim 1, in view of Cross et al. (US 20050268911 A1) hereafter as Cross.
Regarding Claim 24, Modified ‘496 discloses the inhalator device of claim 1,
Modified ‘496 does not disclose specifically wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable inhalator component, optionally wherein the control circuit or the microprocessor integrated therewith is configured to implement a control operation based on information stored on the identification chip.
However, Cross teaches microprocessor (Fig. 13; 152) integrated therewith is configured to communicate with an identification chip (Fig. 13; 132; EEPROM) in the inhalator component (para. 0084); wherein the control circuit or the microprocessor (Fig. 13; 152; Cross) integrated therewith is configured to implement a control operation based on information stored on the identification chip (Fig. 13; 132; EEPROM; para. 0084; Cross).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the disposable inhalator component of Modified ‘496 to include the microprocessor integrated therewith is configured to communicate with an identification chip and control circuit integrated therewith is configured to implement a control operation based on information stored on the identification chip as taught by Cross for the purpose of control information, and monitors the number of doses remaining in the cartridge (para. 0084).
Claim(s) 26-27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘496 and Brooks, as applied to claim 1, in view Poutiatine et al. (WO 2007081947 A2), hereafter as Poutiatine.
Regarding Claim 26, Modified ‘496 discloses the inhalator device of claim 1,
Modified ‘496 does not disclose specifically wherein the inhalator device is configured to prevent unauthorized use of the inhalator device.
However, Poutiantine teaches wherein the device is configured to prevent unauthorized use of the inhalator device (Examiner notes: this limitation is function however, the prior art teaches prevention of unauthorized use with patient identification systems; para. 0111).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Modified ‘496 to include the prevention of unauthorized use of the inhalator device as taught by Poutiantine for the purpose of the dispensing device is not accidentally or intentionally used by an unauthorized individual to prevent accidental or intentional diversion of the drug (para. 0111).
Regarding Claim 27, Modified ‘496 discloses the inhalator device of claim 26, wherein the inhalator device (Fig. 1; Brooks) is configured to require an input by a user that verifies authorized use of the inhalator device (para. 0111; Poutiantine).
Claims 28 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of ‘496 in view of Brooks and Radomski and Han. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 28 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘496 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 28, ‘496 also does not teach “a ceramic wick that supplies the liquid to the heating element, wherein the heating element and the wick’
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘496 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
‘Modified ‘496 does not disclose specifically that the wick is a ceramic wick.
However, Radomski teaches the wick is a ceramic wick.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the wick in’496 to be made out of ceramic as taught by Radomski for the purpose of its porous properties that allows the liquid to be evaporated is delivered into the evaporator tube by capillary forces withstand a respiration pressure (para. 0009).
Modified ‘496 does not specifically disclose wherein the heating element and the wick are arranged in mutually parallel surfaces and are connected to each other so that the heating element is at least partially integrated with the wick to define a composite structure.
However, Han teaches the heating element and the wick can be arranged mutually parallel surface(Fig. 7 depicts heating wire 83 and porous component 81 in mutually parallel surfaces; Fig. 18 depicts heating wire 83 and porous component 81 on the same surface and in contact with one another).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the two are arranged with each other in ‘496 to include the heating element and the wick are arranged mutually parallel surfaces as taught by Han for the purpose of providing a good, inexpensive, electrical connection.
Claim 1 of ‘496
An inhalator component for an inhalator device, for intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, comprising:
a housing; a liquid container arranged in the housing; the liquid container being configured such that it can neither be removed from the housing nor separated from the housing;
a chamber arranged in the housing;
an air admission opening for supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material, wherein a vapor that is formed is mixed in the chamber with the air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol;
a wick with an open-pored capillary structure, the wick forming a composite with the heating element, wherein the open pores of the capillary structure are substantially exposed on at least one side of the composite, and wherein the capillary structure of the wick is substantially exposed on a side of the composite that is opposite the heating element; and a cooler through which the at least one of the vapor air mixture or condensation aerosol passes, wherein the cooler is formed by a tobacco filling and a perforated wall, wherein the tobacco filling is located in a filling space which is bounded by the perforated wall on an inlet side of flow of the vapor air mixture or condensation aerosol, and wherein the cooler is separably connected to the housing.
Claims 30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of Modified ‘496 in view in view of Brooks, Han, and Cross. Although the claims at issue are not identical, they are not patentably distinct from each other because is clear that all the elements of claims of copending application are similar.
Claim 30 of the instant application:
An inhalator device comprising: a reusable part that includes: a battery; and a control circuit; and a disposable article that is coupleable to and detachable from the reusable part and that includes: a housing; a mouthpiece having an opening that is arranged at an end of the housing; a chamber arranged in the housing; an air admission opening for admission of air into the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a heating element configured to heat a liquid and form a vapor that mixes with the air in the chamber to form an aerosol; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
‘496 does not specifically disclose disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part.
In claim 30, ‘496 also does not teach “wherein the heating element and the wick are arranged to have mutually parallel surfaces wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable article.”
However, Brooks teaches a battery (Fig. 1; 34 (shown as batteries 34A and 34B)); and a control circuit(Fig. 1; 30, 28); and a disposable article (Fig. 1; 12) that is coupleable to and detachable from the reusable part (Col. 3 ln 53-Col. 4 ln 26; Examiner notes: Brooks teaches that there is disposable and reuseable components that can be attached and detached); a mouthpiece (Fig. 1; end of 22) having an opening that is arranged at an end of the housing; one channel for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece (Fig. 1: from the opening 54 to mouthpiece 22); a wick (Col. 6 lines 22-65; porous substrate) that supplies the liquid to the heating element; and a plurality of electrical contacts (Fig. 1, heating composite 18 is in electrical contact with contacts 40, 41) that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element (Col. 8 lines 6-20) and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part (Fig. 1; Examiner notes: the contact are opposite of 22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the inhalator of ‘496 to include the disposable inhalator component: a battery; and a control circuit; mouthpiece having an opening that is arranged at an end of the housing; one or more channels for flow of air between the air admission opening, the chamber, and the opening of the mouthpiece; a wick that supplies the liquid to the heating element; and a plurality of electrical contacts that are in contact electrically with the heating element in the chamber to supply electric energy from the battery of the reusable part to the heating element and that are configured so that a portion of the plurality of electrical contacts are arranged at an end of the housing opposing the end of the housing including the mouthpiece for engaging corresponding electrical contacts of the reusable part as taught by Brooks as it is obvious to have a mouthpiece to where the user is able to inhale from (Col. 3 lns. 55-65) and disposable portion advantageously is provided with an electrical connection means at one end thereof. This electrical connection means includes means for connecting the resistance element to a battery or other external power source.
Modified ‘496 does not specifically disclose wherein the control circuit or a microprocessor integrated therewith is configured to communicate with an identification chip in the disposable article.
However, Cross teaches microprocessor (Fig. 13; 152) integrated therewith is configured to communicate with an identification chip (Fig. 13; 132; EEPROM) in the inhalator component (para. 0084).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the disposable inhalator component of ‘496 to include the microprocessor integrated therewith is configured to communicate with an identification chip and control circuit integrated therewith is configured to implement a control operation based on information stored on the identification chip as taught by Cross for the purpose of control information, and monitors the number of doses remaining in the cartridge (para. 0084).
Claim 1 of ‘496
An inhalator component for an inhalator device, for intermittent formation, synchronous with inhalation or drawing, of at least one of a vapor air mixture or a condensation aerosol, comprising:
a housing; a liquid container arranged in the housing; the liquid container being configured such that it can neither be removed from the housing nor separated from the housing;
a chamber arranged in the housing;
an air admission opening for supply of air from the surroundings to the chamber;
an electric heating element for evaporating a portion of a liquid material, wherein a vapor that is formed is mixed in the chamber with the air supplied through the air admission opening to form the at least one of the vapor air mixture or condensation aerosol;
a wick with an open-pored capillary structure, the wick forming a composite with the heating element, wherein the open pores of the capillary structure are substantially exposed on at least one side of the composite, and wherein the capillary structure of the wick is substantially exposed on a side of the composite that is opposite the heating element; and a cooler through which the at least one of the vapor air mixture or condensation aerosol passes, wherein the cooler is formed by a tobacco filling and a perforated wall, wherein the tobacco filling is located in a filling space which is bounded by the perforated wall on an inlet side of flow of the vapor air mixture or condensation aerosol, and wherein the cooler is separably connected to the housing.
Conclusion
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MAAP A. ELLABIB
Examiner
Art Unit 3785
/M.A.E./Examiner, Art Unit 3785 /KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
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