Patent Application 18918529 - APPARATUS AND METHOD FOR AN ORAL NICOTINE - Rejection

Patent Application 18918529 - APPARATUS AND METHOD FOR AN ORAL NICOTINE

Title: APPARATUS AND METHOD FOR AN ORAL NICOTINE DISPENSING SYSTEM

Application Information

• Invention Title: APPARATUS AND METHOD FOR AN ORAL NICOTINE DISPENSING SYSTEM
• Application Number: 18918529
• Submission Date: 2025-05-16T00:00:00.000Z
• Effective Filing Date: 2024-10-17T00:00:00.000Z
• Filing Date: 2024-10-17T00:00:00.000Z
• Examiner Employee Number: 81897
• Art Unit: 3655
• Tech Center: 3600

Rejection Summary

• 102 Rejections: 0
• 103 Rejections: 3

Cited Patents

The following patents were cited in the rejection:

• US 0199023🔗
• US 0062038🔗
• US 0327327🔗

Office Action Text

    DETAILED ACTION
Notice of Pre-AIA  or AIA  Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 05/06/2025 with respect to claim 1 have been fully considered but they are not persuasive. Applicant argues that Palmer does not disclose that the magazine includes a locking mechanism configured to prevent ejection of the plurality of pods when the magazine is not fastened to the body. However, Palmer clearly discloses that the magazine includes a locking mechanism configured to prevent ejection of the plurality of pods when the magazine is not fastened to the body (‘seal … door or valve’, non-re-sealable seal that is broken when it is loaded into the drug dispensing device, col 20 lines 34-48), the seal, door or valve all prevent ejection of pods when not fastened to the body.
Applicant’s arguments, see remarks, filed 05/06/2025, with respect to the rejection(s) of claim(s) 1 under Palmer have been fully considered and are persuasive.  Therefore, the rejection has been withdrawn.  However, upon further consideration, a new ground(s) of rejection is made in view of Palmer in view of Wilson et al. US 2019/0062038.
Palmer discloses that the magazine has an RFID chip with information that is displayed on a display of the device (col 25 lines 3-11, col 30 lines 6-10, col 46 lines 47-56).
Palmer does not disclose the use of a NFC chip.
Wilson teaches the use of a NFC chip (para 0107).




Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.

Claim(s) 1-5,7,9,10,12-15,18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Palmer et al. US 8,499,966 in view of Wilson et al. US 2019/0062038.
Palmer discloses an apparatus for oral nicotine dispensing, wherein the apparatus comprises:   
(Re claim 1) “a body” (11 figure 1A), “wherein the body configured to hold at least a pod of a plurality of pods” (15,17 figure 1C). “a fingerprint scanner coupled to the body, wherein the fingerprint scanner is configured to authenticate a user” (col 22 lines 45-64). “a locking mechanism coupled to the fingerprint scanner, wherein the locking mechanism is configured to allow authorized access to the at least a pod” (col 28 lines 23-33, col 17 lines 31-39). “a drive mechanism, wherein the drive mechanism dispenses the at least a pod upon successful authentication” (col 22 lines 45-64, 51 figure 2). “a display coupled to the body” (col 25 lines 3-11, col 30 lines 6-10, col 46 lines 47-56). “a magazine fastened to the body and coupled with the drive mechanism, wherein the magazine is configured to store the plurality of pods” (17 figure 2). “the magazine configured to guide, using the drive mechanism, the at least a pod into a dispensing position” (51,43 figure 2). “the magazine includes a locking mechanism configured to prevent rejection of the plurality of pods when the magazine is not fastened to the body” (‘seal … door or valve’, non-re-sealable seal that is broken when it is loaded into the drug dispensing device, col 20 lines 34-48). “the magazine includes a … chip, and the dispenser is configured to receive product details from the … chip and display the product details on the display” (col 25 lines 3-11, col 30 lines 6-10, col 46 lines 47-56). “an aperture located on the body, wherein the aperture is configured to allow the at least a pod to move from within the magazine to exterior environment” (29 figure 2).
Palmer discloses dispensing other kinds of drugs and dispensing nicotine, but does not explicitly disclose dispensing nicotine form the dispenser (page 5 col 1 ‘nicotine tablet, page 5 col 2 ‘nicotine sublingual tablet’). It would have been obvious to one skilled in the art to modify the system of Palmer to include dispensing nicotine pods as this expands the market for the dispenser of Palmer and provides a safe means for dispensing an addictive substance.
Palmer does not disclose using NFC chips.
Wilson teaches using NFC chips (para 0087). 
It would have been obvious to one skilled in the art to modify the system of Palmer to include the use of NFC chips because its is a suitable wireless protocol and its limited range increases the security of the chip.
 	(Re claim 2) “the apparatus further includes a button, wherein the button is coupled to the body” (23 figure 1D,1E).
	(Re claim 3) “the button is located on a front surface of the body” (23 figure 1D, 1E).
	(Re claim 4) “the button is configured to slide when a force is applied” The button slides inward when pressed.
	(Re claim 5) “body comprises a cuboid shape” (11 figure 1).
	(Re claim 7) “the magazine is further configured to be removed from the body and refilled with a replacement magazine” (17 figure 1C).
 	(Re claim 9) “at least a motor, at least a spring, at least a power source, and at least a circuit board” (col 21-22 lines 54-8, 73 figure 6, col 24 lines 52-54, col 28 lines 22-33).
 	(Re claim 10) “at least a power source comprises at least a battery configured to power the apparatus” (col 24 lines 52-54, col 28 lines 22-33).
 	(Re claim 12) “the drive mechanism comprises at least a spring, wherein the at least a spring is configured to be loaded with the magazine” (claim 9).
	(Re claim 13) “the drive mechanism comprises at least a near field communication chip configured to lock and unlock the apparatus” (col 23 lines 10-47).
 	(Re claim 14) “the drive mechanism is configured to utilize one or more of at least a solenoid and at least a shape memory allow actuator” (col 8 lines 32-41).
	(Re claim 15) “the display is further configured to provide an indication of a charge level of the apparatus” (‘battery status’ col 30 lines 6-10). Any information displayed on the dock could also be displayed on the display of the dispenser.
	(Re claim 18) “the fingerprint scanner comprises one or   more of:   a visual indicator, a tactile indicator, and an audio indicator” (col 25 lines 3-24).
	 
	Palmer discloses a method for oral nicotine dispensing, the method comprising:   
(Re claim 20) “storing a plurality of a pods in a magazine within a body” (17 figure 2). “receiving a fingerprint scan from a user via a fingerprint scanner coupled to the body; authenticating the fingerprint scan” (col 22 lines 46-64).  “de-activating a locking mechanism to allow access to at least a pod upon successful authentication of the fingerprint scan” (col 22 lines 46-64, col 3 lines 10-15).  “de-activating a locking mechanism of the magazine” (‘seal … door or valve’, non-re-sealable seal that is broken when it is loaded into the drug dispensing device, col 20 lines 34-48). “receiving product details from … the magazine, displaying the product details on a display coupled to the body” (col 25 lines 3-11, col 30 lines 6-10, col 46 lines 47-56). “dispensing, using at least a drive mechanism, the at least a pod from the magazine through an opening of the body” (col 2 lines 50-54).
Palmer discloses dispensing other kinds of drugs and dispensing nicotine, but does not explicitly disclose dispensing nicotine form the dispenser (page 5 col 1 ‘nicotine tablet, page 5 col 2 ‘nicotine sublingual tablet’). It would have been obvious to one skilled in the art to modify the system of Palmer to include dispensing nicotine pods as this expands the market for the dispenser of Palmer and provides a safe means for dispensing an addictive substance.
Palmer does not disclose using NFC chips.
Wilson teaches using NFC chips (para 0087). 
It would have been obvious to one skilled in the art to modify the system of Palmer to include the use of NFC chips because its is a suitable wireless protocol and its limited range increases the security of the chip.

 
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Palmer in view of Ritson US 2005/0199023
Palmer disclose the system as rejected above.
Palmer does not disclose that the at least a power source comprises at least a piezoelectric hammer starter configured to power the apparatus.  
Ritson teaches that the at least a power source comprises at least a piezoelectric hammer starter configured to power the apparatus (para 0013-0014).  
	It would have been obvious to one skilled in the art to modify the system of Palmer to include a power source comprises at least a piezoelectric hammer starter configured to power the apparatus because it can remove the need for a battery or charging device.

Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Palmer in view of Edwards et al. US 2013/0327327.
	Palmer discloses the system as rejected above. 
	Palmer does not disclose that the magazine is composed of biodegradable material.
	Edwards teaches that the magazine is composed of biodegradable material (para 0009).
	It would have been obvious to one skilled in the art to modify the system of Palmer to include that the magazine is composed of biodegradable material because it reduces the environmental impact of the disposable magazines.

Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R WAGGONER whose telephone number is (571)272-8204. The examiner can normally be reached Mon-Thurs 5am-330pm.
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TIMOTHY R. WAGGONER
Primary Examiner
Art Unit 3655 B



/TIMOTHY R WAGGONER/Primary Examiner, Art Unit 3655