throbber
.
`
`Unlted States Patent [19]
`Gerth et a1.
`
`[11] Patent Number:
`[45] Date of Patent:
`
`4,735,217
`Apr. 5, 1988
`
`[54] DOSING DEVICE TO PROVIDE
`VAPORIZED MEDICAMENT To THE
`LUNGS As A FINE AEROSOL
`[75] Inventors: Donald L. Gerth, Cincinnati; Delmar
`R, Muckenfuhs, Middletown, both of
`Ohio
`
`[73] Assignee= The Procter & Gamble Company,
`Cmcmnat" Ohm
`[21] APPL No-i 898,970
`[22] Filed:
`Aug. 21, 1986
`
`[51] Int. 01.4 ............................................ .. A24K 47/00
`[52] US. Cl. .................................. .. 131/273; 131/ 329;
`128/203.17; l28/203.27; l28/204.17;
`128/204.23
`[58] Field Of Search ..................... .. 131/273, 329, 330;
`123/ 204-17, 203-17, 204-23, 203-27
`References Cited
`
`[56]
`
`U-S- PATENT DOCUMENTS
`239,195 3/1331 Rousseau); ,
`962,617 6/1910 Bucceri .
`1,968,509 7/ 1934 Tiffany .................. ............ .. 219/38
`2,057,353 10/1936 Whimmwe, Jr-
`---- -- 219/38
`gfrggfggk
`128 /200
`2:425:62‘, 8/1947 Lardinois
`128 /2o1
`2’479’002 8/1949 Cepe?y
`" 123/201
`2,702,033 2/1955 pardeman
`1213/2011
`2,721,551 10/1955 Lobl ....... ..
`128/201
`2,764,154 9/1956 Murai
`123/195
`213091634 10/1957 Mum-i
`131/171
`2'830’597 4/1958 Kummh """ "
`128/201
`g’gg’?s 11/1958 B€m°1°me° “
`128/208
`,
`,819 8/1965 Gllbert ....... ..
`151/171
`3,258,015 6/1966 Ellis et al. ...... ..
`131/107
`3,279,476 10/1966 Noznick et a1. ..
`3,313,305 4/1967 Noznick et a1. .................. .. 131/10.7
`3,347,231 10/1967 Chien-Hshuing Chang ..... .. 128/201
`
`3,356,094 12/ 1967 Ellis et al. ......................... .. 131/266
`3,404,692 10/1968 Lampert .... ..
`131/170
`3,683,936 8/1972 O’Neil, Jr.
`...... .. 131/8
`4,149,548 4/1979 Bradshaw
`131/ 170 A
`4,284,089 8/1981 Ray ............ ..
`131/270
`4,340,072 7/1982 Bolt et a1.
`131/273
`4,393,884 7/1983 Jacobs .... ..
`151/273
`4,585,014 4/1986 Fry ......... ..
`131/175
`4,585,015 4/1986 Silberstein ......................... .. 131/339
`Primary Examiner—V. Millin
`Attorney, Agent, or Firm-E. Kelly Linman; John V.
`German; Richard C. Witte
`
`ABSTRACT
`[57]
`A medicament dosing device capable of administering a
`vaporized medicament in the form of tiny aerosol parti
`cles to the mouth and lungs of the user at a substantially
`constant concentration level, In a particularly preferred
`embodiment the dosing device is used to provide nico
`tine to a cigarette smoker in a form and a dose that
`closely mimics a burning cigarette to satisfy the smok
`er’s craving for nicotine, but without subjecting either
`the user or any non-users in the immediate vicinity to
`the tars and carbon monoxide of cigarette smoke. A
`preferred device comprises a battery powered resis
`tance heater housed in a cigarette-shaped tube. A de
`mand-operated switch is employed in the circuit so that
`as the user sucks air through the tube in a manner simi
`lar to puf?ng on a cigarette, energy 15 supplied to the
`resistance heater which vaporizes the nicotine. Because
`the system vaporizes the medicament being adminis
`tered only upon activation of the demand-operated
`switch, the concentration of the medicament will be
`substantially constant each time the user sucks on the
`mouthpiece end of the cigarette-shaped tube, regardless
`.
`.
`.
`°f the lfmgih °f “Fe “me Intervals whlch Pass between
`Successlve mhalatms
`
`20 Claims, 3 Drawing Sheets
`
`Fontem Ex. 2007
`Nu Mark LLC v. Fontem Holdings 1 B.V. IPR2016-01303
`Page 1 of 11
`
`

`
`US. Patent
`
`Apr. 5,1988
`
`Sheet 1 0f 3
`
`4,735,217
`
`Fontem Ex. 2007
`Nu Mark LLC v. Fontem Holdings 1 B.V. IPR2016-01303
`Page 2 of 11
`
`

`
`US. Patent Apr.s, 1988
`
`Sheet 2 of3
`
`4,735,217
`
`Fontem Ex. 2007
`Nu Mark LLC v. Fontem Holdings 1 B.V. IPR2016-01303
`Page 3 of 11
`
`

`
`US. Patent Apr. 5, 1988
`
`'
`
`Sheet 3 of3
`
`4,735,217
`
`‘I
`
`Fig. 6
`
`72;
`
`40
`
`[:l/
`
`HO
`
`Fontem Ex. 2007
`Nu Mark LLC v. Fontem Holdings 1 B.V. IPR2016-01303
`Page 4 of 11
`
`

`
`1
`
`DOSING DEVICE TO PROVIDE VAPORIZED
`MEDICAMENT TO THE LUNGS AS A FINE
`AEROSOL
`
`10
`
`TECHNICAL FIELD
`The present invention relates to a medicament dosing
`device capable of adminstering a vaporized medicament
`to the lungs of the user at a substantially constant con
`centration level.
`The present invention further relates to such a dosing
`device which will provide nicotine to a cigarette
`smoker in a form and a dose that closely mimics a bum
`ing cigarette to satisfy the smoker’s craving for nicotine,
`but without subjecting either the user or any non-users
`in the immediate vicinity to the tars and carbon monox
`ide of cigarette smoke.
`The present invention has further relation to such a
`device to supply other vaporizable medicaments, such
`as menthol, to the lungs of the user in a very ?ne aerosal
`form at a substantially constant concentration level.
`The present invention has still further relation to such
`a dosing device wherein the medicament being adminis
`tered is vaporized only on demand in response to the
`user drawing a stream of cool air through the device,
`thereby causing the vaporized medicament to condense
`in a very ?ne aerosal with particles which are small
`enough to be dispersed throughout the user’s lungs.
`The present invention has still further relation to a
`self-contained, battery operated medicament dosing
`device which is approximately the size of a conven
`tional cigarette, but which can be automatically actu
`ated to vaporize the medicament without combustion
`by sucking on the mouthpiece end of the device.
`
`4,735,217
`2
`ing process has been initiated with the device as dis
`closed in the U.S. Pat. No. 3,258,015 Ellis et al. patent,
`the nicotine will continue to be vaporized whether or
`not the user is drawing air through the passageway
`containing the nicotine. If the user allows long periods
`of time to elapse between successive inhalations, the
`concentration of nicotine vapor in the passageway can
`build up substantially. Thus the medicament concentra
`tion level encountered by the user with devices of the
`type described in the U.S. Pat. No. 3,258,015 Ellis et al.
`patent will vary greatly from one inhalation to the next,
`depending upon the time intervals between successive
`inhalations.
`U.S. Pat. No. 3,356,094 issued to Ellis et al. on Dec. 5,
`1967 discloses smoking devices somewhat similar to
`those disclosed in the U.S. Pat. No. 3,258,015 Ellis et al.
`patent. However, the devices disclosed in the U.S. Pat.
`No. 3,356,094 Ellis et al. patent require that a portion of
`the by-products of combustion which result from burn
`ing the tobacco surrounding the nicotine-containing
`passageway be drawn into the user’s lungs. The devices
`shown in the U.S. Pat. No. 3,356,094 Ellis et al. patent
`differ from those disclosed in the U.S. Pat. No.
`3,258,015 Ellis et al. patent in that they allow the user
`to better control the concentration level of the nicotine,
`i.e. drawing air through the tobacco containing portion
`of the device will accelerate its rate of combustion and
`hence the rate of vaporization of the nicotine in the
`central passageway. However, even the device dis
`closed in the U.S. Pat. No. 3,356,094 Ellis et al. patent
`does not give the user complete, on demand control
`over the concentration of vaporized nicotine developed
`in the interior pasageway. Furthermore, it suffers the
`disadvantage that it requires the user to inhale some of
`the harmful products of combustion in order to in?u
`ence the rate of vaporization of the nicotine. This
`would certainly be undesirable in situations where the
`medicament in question is being administered to a
`person suffering from respiratory dif?culties.
`U.S. Pat. No. 3,200,819 issued to Gilbert on Aug. 17,
`1965 discloses a smokeless, non-tobacco cigarette
`wherein a heating element, characterized as a vacuum
`tube, is energized by a small battery so as to heat ?a
`vored air as it passes from a flavor-containing cartridge
`20 located at the outermost tip of the device to its
`mouthpiece end. However, the ?avor-containing car
`tridge is not heated by the heating element and no
`means are provided for energizing and de-energizing
`the heat source on demand. Therefore the device dis
`closed in the patent to Gilbert would not function to
`administer a substantially constant concentration of a
`medicament which must be vaporized by the addition of
`heat.
`U.S. Pat. No. 1,968,509 issued to Tiffany on July 31,
`1934 and U.S. Pat. No. 2,057,353 issued to Whittemore,
`Jr. on Oct. 13, 1936 both disclose vaporizing units for
`liquid medicaments. These devices employ a resistance
`wire heating element energized by a battery which is
`activated by a manual switch. The device disclosed by
`Whittemore, Jr. further shows a wicking means to de
`liver the liquid medicament to the resistance heating
`wire. Neither of these device appears to be well suited
`for use in the user’s mouth in the manner of a cigarette.
`In essence, they are portable vaporizing units powered
`by ?ashlight batteries which are controlled by manually
`operated “on/off” switches. Accordingly, the concen
`tration of medicament vapor for any given inhalation by
`
`40
`
`25
`
`35
`
`45
`
`55
`
`60
`
`65
`
`BACKGROUND OF THE INVENTION
`Inhalation devices for closing various medicaments,
`including nicotine, are generally known in the art.
`U.S. Pat. No. 3,258,015 issued to Ellis et al. on June
`28, 1966 discloses a number of embodiments for a smok
`ing device intended to provide dosing of nicotine with
`out the inhalation of products of combustion normally
`encountered when smoking cigarettes. In most of the
`disclosed embodiments, an outer wrap of tobacco or
`similar combustible material is utilized to vaporize nico
`tine contained within a continuous passageway extend
`ing from the outermost end of the cigarette-like device
`to the mouthpiece end.
`Most of the disclosed embodiments, while not requir
`ing inhalation of smoke by the user, do require combus
`tion of the outer wrap to provide the heat needed to
`vaporize the nicotine. However, the FIG. 9 embodi
`ment of Ellis et al. discloses a smoking device utilizing
`a centrally located heating material comprised of pyro
`phorous material such as ?nely divided iron, nickel,
`zinc or lead of moderate activity. The centrally located
`tubular member is sealed to the atmosphere until such
`time as the user desires to operate the device. At this
`point a plug 64 is removed to expose the pyrophorous
`material to the atmosphere, thereby generating heat
`sufficient to vaporize nicotine contained in a nicotine
`releasable material 60 disposed outside the tubular
`member 61. The innermost end of the pyrophorous
`material containing tube is sealed by an impermeable
`disc 63 to prevent inhalation, while the user is allowed
`to draw the nicotine containing vapor from the concen
`tric overwrap through the permeable disc 66 located
`near the mouthpiece end'of the device. Once the heat
`
`Fontem Ex. 2007
`Nu Mark LLC v. Fontem Holdings 1 B.V. IPR2016-01303
`Page 5 of 11
`
`

`
`4
`constant each time the user sucks on the cigarette
`shaped tube, regardless of the time intervals which pass
`between successive inhalations. Furthermore, because
`vaporization occurs only as air is being drawn across
`the medicament, nearly all of the vaporized medicament
`is effectively utilized by the user rather than merely
`re-condensing inside the device without reaching the
`user’s lungs.
`In a particularly preferred embodiment, the electrical
`air-?ow actuated switch comprises a vane-type switch
`which is actuated by a resilient diaphragm located at the
`exterior end of the device. One or more air inlet ori?ces
`located about the periphery of the device near its dia
`phragm end allow the user to draw the incoming air
`across the vaporized medicament on its way to the
`user’s mouth and lungs. The reduced pressure created
`inside the device when the user sucks on the mouth
`piece end causes inward movement of the resilient dia
`phragm which contacts and closes the vane-type elec
`trical switch against the battery. This completes the
`electrical circuit, thereby energizing the resistance
`heater on which the medicament is placed. Thus the
`medicament is vaporized only when air is drawn across
`its surface. While in the relatively cooler air stream, the
`vaporized medicament condenses to form tiny aerosal
`particles which are small enough to enter the user’s
`lungs and be distributed throughout the alveolae
`thereof. Thus the medicament is effectively adminis
`tered to the user’s body through the lungs.
`
`4,735,217
`3
`the user will depend upon: (a) how long the unit has
`been left in the “on” position immediately prior to inhal
`ing the vapor; and (b) how long a period of time has
`passed since the preceding inhalation.
`US. Pat. No. 2,809,634 issued to Murai on Oct. 15,
`1957, U.S. Pat. No. 2,830,597 issued to Kummli on April
`15, 1958 and US. Pat. No. 4,393,884 issued to Jacobs on
`July 19, 1983 all disclose inhalation devices which are
`automatically actuated by suction or manual pressure.
`However, the material to be inhaled from these devices
`is maintained in a pressurized form, usually as an
`aerosal. These devices would not function with non
`aerosal medicaments which require the addition of heat
`for vaporization to occur.
`While the aforementioned prior art devices have
`solved some of the problems associated with dosing of a
`vaporized or vaporizable medicament, none have simul
`taneously solved all of the dif?culties normally encoun
`tered. Furthermore, none of these prior art devices have
`achieved a signi?cant level of commercial acceptance,
`particularly as substitutes for conventional nicotine
`containing cigarettes.
`Accordingly, it is an object of the present invention
`to provide a dosing device for a vaporizable medica
`ment which operates only on demand when the user
`draws air through the device.
`It is another object of the present invention to pro
`vide such a dosing device which includes a self-con
`tained power source and a heating element capable of
`v‘ vaporizing a medicament by the addition of heat only
`30
`1 when the user draws air through the device.
`It is another object of the present invention to pro—
`v"vide such a device which is capable of delivering the
`" vvaporized medicament to the user in ?ne aerosal form at
`an approximately constant concentration level, regard
`less of the time interval which passes between succes
`sive inhalations.
`It is still another object of the present invention to
`provide such a device which is combustion free,
`whereby neither the user nor any non-users in the im
`Ymediate vicinity need inhale the harmful by-products of
`Jaé-‘combustion in order to vaporize the medicament.
`
`35
`
`DISCLOSURE OF THE INVENTION
`The present invention comprises a medicament dos
`ing device capable of administering a vaporized medica
`ment to the lungs of a user at a substantially constant
`concentration level. In a particularly preferred embodi
`ment the dosing device is used to provide nicotine to a
`cigarette smoker in a form and a dose that closely mim
`ics a burning cigarette to satisfy the smoker’s craving
`for nicotine, but without subjecting either the user or
`any non-smokers in the immediate vicinity to the tars
`and carbon monoxide of cigarette smoke. The device
`preferably comprises a battery powered resistance
`heater housed in a cigarette-shaped tube. A demand
`operated electrical switch is employed in the heating
`circuit so that as the user sucks air through the tube in
`a manner similar to puffing on a cigarette, energy is
`supplied to the resistance heater which vaporizes the
`nicotine. The vaporized nicotine condenses as a very
`?ne aerosol in the cool air drawn through the device,
`thereby allowing tiny particles of the medicament to
`reach the alveolae of the user’s lungs along with the air
`drawn through the device. Because the system vapor
`izes the medicament being administered only upon acti
`vation of the demand-operated electrical switch, the
`concentration of the medicament will be substantially
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`While the speci?cation concludes with claims partic
`ularly pointing out and distinctly claiming the present
`invention, it is believed the present invention will be
`better understood from the following description in
`conjunction with the accompanying drawings in which:
`FIG. 1 is a simpli?ed enlarged perspective illustration
`of a medicament dosing device of the present invention
`shown prior to insertion of the medicament pellet;
`FIG. 2 is a view generally similar to that of FIG. 1,
`but showing the device after the medicament pellet has
`been inserted and the cylindrical restraining ring has
`'been advanced along the axis of the device to cover the
`ori?ce through which the medicament pellet is inserted;
`45
`FIG. 3 is a view generally similar to that of FIGS. 1
`and 2, but showing the condition of the resilient dia
`phragm in the end of the device when air is being drawn
`through the mouthpiece end;
`FIG. 4 is a greatly enlarged simpli?ed cross-section
`of the device generally shown in FIG. 2 taken along
`section line 4-4 of FIG. 2;
`FIG. 5 is a greatly enlarged simpli?ed cross-section
`of the device generally shown in FIG. 3 taken along
`section line 5-5 of FIG. 3; and
`FIG. 6 is an electrical schematic of an alternative
`embodiment of the present invention.
`
`50
`
`55
`
`DETAILED DESCRIPTION OF THE
`INVENTION
`FIGS. 1-5 disclose a particularly preferred medica
`ment dosing device 10 of the present invention. In the
`illustrated embodiment, the dosing device 10 comprises
`a cylindrical body portion 15 joined to the mouthpiece
`end 25 by means of a conical section 20. The cylindrical
`body portion 15, the mouthpiece end 25 and the conical
`section 20 may be comprised of nearly any desired ma
`terial, molded plastic being particularly preferred.
`
`65
`
`Fontem Ex. 2007
`Nu Mark LLC v. Fontem Holdings 1 B.V. IPR2016-01303
`Page 6 of 11
`
`

`
`10
`
`5
`
`20
`
`5
`As can best be seen from the cross-sections of FIGS.
`4 and 5, the cylindrical body portion 15 has its exterior
`end closed by means of a resiliently deformable dia
`phragm member 55 which is preferably secured about
`the periphery of the cylindrical body portion 15 of the
`device. The diaphragm 55 preferably includes a cen
`trally located deformable portion 60 which is substan
`tially impermeable to the passage of air.
`The cylindrical body portion 15 also includes at least
`one air inlet ori?ce 30 located near the exterior end of
`the device. As will be appreciated by those skilled in the
`art, a multiplicity of such ori?ces may, if desired, be
`employed. The resistance to air ?ow through ori?ce 30
`is preferably adjustable by means of a sealing ring 45
`which is axially slidable along the length of body por
`tion 15. In the embodiment illustrated in FIGS. 1—5, the
`sealing ring 45 is not functioning to restrict air flow
`through ori?ce 30. However, depending upon the resis
`tance desired by the user, the ori?ce 30 may be re
`stricted by axially sliding sealing ring 45 in the direction
`of the exterior end of the device 10 to block at least a
`portion of ori?ce 30.
`A second ori?ce 35, also located in body portion 15,
`is preferably used for inserting a cylindrical pellet of
`vaporizable medicament 40 into position in the dosing
`device 10, as generally shown in FIGS. 1, 4 and 5. The
`pellet of vaporizable medicament 40 is preferably held
`in place by means of a restraining ring 50 generally
`similar to sealing ring 45, the restraining ring also being
`slidable along the axis of cylindrical body portion 15 of
`the dosing device 10. In the condition illustrated in
`FIG. 1, the restraining ring 50 is slid toward the mouth
`piece end 25 to allow exposure of ori?ce 35 and inser
`tion of the pellet of medicament 40. In the condition
`illustrated in FIGS. 2-5, the restraining ring 50 has been
`- advanced to a position which blocks ori?ce 35, thereby
`preventing the pellet of vaporizable medicament 40
`from being dislodged from the device 10.
`Inside the cylindrical body portion 15 of the device
`there is also provided a self-contained electrical power
`40
`source, as represented by battery 65. The positive end
`66 of the battery 65 is ?tted with a cylindrical metallic
`ring 68 having a deformable metallic vane or arm 69 in
`electrical contact with metallic ring 68. The negative
`end 67 of batter 65 is ?tted with a similar metallic ring
`70 having a spring tensioned metallic arm 71 maintained
`in electrical contact therewith. Metallic rings 68 and 70
`are placed in electrical contact with one another by
`means of a resistance heating element 72 which has its
`opposite ends secured to metallic rings 68 and 70 so as
`to establish electrical continuity therebetween. The
`battery 65, metallic rings 68 and 70 and heating element
`72 are secured within tubular body portion 15 of the
`device 10 by means well known in the art and therefore
`not shown (e.g. an adhesive). As can be seen from
`FIGS. 4 and 5, the heating element 72 is radially aligned
`with ori?ce 35, and the pellet of vaporizable medica
`ment 40 has a height suf?cient to cause slight deforma
`tion of heating element 72 when restraining ring 50 is
`advanced into the position shown in FIGS. 4 and 5.
`This ensures good contact between the medicament 40
`and the heating element 72.
`The cross-section of FIG. 4 shows the de-energized
`condition of the electrical circuit when no air is being
`sucked through the mouthpiece end 25 of the device 10.
`Because there is no contact between metallic arm 69
`and the positive end 66 of battery 65, the electrical
`circuit which includes the resistance heating element 72
`
`4,735,217
`6
`is in an “open” condition. Accordingly, no current
`?ows through resistance heating element 72 and there is
`no melting or vaporization of the pellet of medicament
`40.
`The cross-section of FIG. 5 depicts the condition
`which exists when the user sucks air through the mouth
`piece end 25 of the device. In particular, air is drawn in
`through ori?ce 30 in cylindrical body portion 15 of the
`device. This air travels along the interior passageway of
`cylindrical body portion 15, around the pellet of medi
`cament 40, through conical section 20 and mouthpiece
`end 25 and into the user’s mouth and lungs, as generally
`shown by the arrows in FIG. 5. Sucking on the mouth
`piece end 25 of the device also reduces the pressure
`existing within the device relative to the surrounding
`atmosphere. When this occurs, the deformable dia
`phragm 55 is acted upon by the surrounding atmo
`spheric pressure so that its movable portion 60 is caused
`to exhibit an inwardly concave conformation, as gener
`ally shown in FIG. 5. This inward movement of portion
`60 of diaphragm 55 causes movable metallic arm 69 to
`move into contact with the positive end 66 of battery
`65. This completes or “closes” the electrical circuit
`which includes the resistance heating element 72 shown
`generally in FIGS. 4 and 5. It is, of course, recognized
`that different types of air ?ow actuated switches could
`be used in lieu of the diaphragm actuated switch illus
`trated in the Drawing Figures e.g, a vane switch. The
`particular switch selected is unimportant so long as it
`reliably actuates in response to the ?ow of air through
`the device.
`The heat produced by resistance heating element 72
`elevates the temperature of the pellet of medicament 40
`suf?ciently to cause at least some vaporization of the
`medicament. Because the relatively cool air being
`drawn through ori?ce 30 is being drawn across the
`pellet of medicament 40 on its way to the user’s mouth,
`a substantial portion of the vaporized medicament is
`picked up by the moving air stream and carried to the
`mouthpiece end 25 of the device and ultimately into the
`user’s mouth and lungs. While in the relatively cooler
`air stream, the vaporized medicament condenses to
`form tiny aerosol particles which are small enough to
`enter the user’s lungs and be distributed to the alveolae
`thereof. This is a necessary condition for the medica
`ment to be effectively administered to the user’s body
`through the lungs. Without the moving airstream, the
`vaporized medicament will merely condense inside the
`device and will never reach the user’s lungs.
`As will be appreciated by those skilled in the art,
`when the air ceases to ?ow through the device 10, i.e.,
`when the user stops sucking on the mouthpiece end 25,
`the movable portion 60 of resiliently deformable dia
`phragm 55 will return to its substantially undistorted
`condition, as generally shown in FIG. 4. This allows the
`spring loaded metallic arm 69 to return to its normal at
`rest position as generally shown in FIG. 4, thereby
`breaking or “opening” the electrical circuit which in
`cludes resistance heating element 72. Accordingly, the
`resistance heating element 72 immediately begins to
`cool and vaporization of the pellet of medicament 40
`ceases as soon as its temperature has dropped below the
`vaporization temperature of the particular medicament
`being administered. This prevents the vapor concentra
`tion from building up inside the device during the time
`intervals which elapse between successive inhalations
`from the mouthpiece end 25 of the device.
`
`45
`
`60
`
`65
`
`Fontem Ex. 2007
`Nu Mark LLC v. Fontem Holdings 1 B.V. IPR2016-01303
`Page 7 of 11
`
`

`
`15
`
`25
`
`4,735,217
`7
`8
`FIG. 6 is a simpli?ed electrical schematic of an alter
`of 1.5 volts DC and capable of delivering a current of
`native embodiment 110 of the present invention. Em
`about 2.0 amps during each 2_ second puff on the device
`bodiment 110 can be very similar to embodiment 10
`was utilized as the power source. The heating element
`shown in FIGS. 1-5 with the exception that a normally
`comprised a Nichrome ® (241 alloy) segment, as avail
`“open” pressure actuated switch 115 is added to the
`able from Driver-Harris Co. of Harrison, NJ. It mea
`mouthpiece end of the device. If the user wishes to keep
`sured approximately one inch long by Q inch wide by
`the device 110 in his or her mouth without inhaling
`0.001 inches thick and exhibited a resistance of approxi
`vaporized medicament with each breath of air drawn
`mately 0.50 ohms. The opposite ends of the heating
`through the device, the pressure responsive switch 115
`element were soldered to metallic rings 68 andv69. '
`is actuated by pressure applied by the user’s mouth or
`The con?guration and orientation of the battery 65,
`lips, as generally shown in the electrical schematic of
`the metallic rings 68 and 70, the metallic arms 69 and 71
`FIG. 6. Such a pressure actuated switch 115 could be
`and the resistance heating element 72 were essentially as
`calibrated to permit the heating circuit to be turned
`shown in the cross-sections of FIGS. 4 and 5. The dia
`“on” only when the user’s lips apply a predetermined
`phragm 55 comprised a resilient ?ngertip cut from a
`threshold pressure suf?cient to close switch. The nor
`rubber glove and secured about the periphery of the
`mally open pressure actuated switch 115 must, of
`large diameter plastic tubing, as generally shown in
`course, be connected in series with the air ?ow actuated
`FIGS. 4 and 5. The air intake ori?ce 30 measured ap
`switch 69 and battery 65 so that both switches must be
`proximately 0.8 millimeters in diameter, and the ori?ce
`closed before vaporization of the medicament 40 can
`35 utilized to load the medicament pellet 40 measured
`occur. Thus, pressure must be applied to the pressure
`approximately 4 millimeters in diameter.
`20
`actuated switch 115 and air must ?ow through the de~
`The test medicament was comprised of a menthol
`vice to close the air ?ow actuated switch 69 before any
`pellet measuring approximately 3.9 millimeters in diam
`power is supplied to the heating element 72. So long as
`eter by 5 millimeters in height.
`the pressure actuated switch 115 remains “open”, the
`The exemplary device was user activated by sucking
`user can draw non-medicated air through the device
`on the mouthpiece end. An inhalation of approximately
`and into his or her lungs without energizing the heating
`35 milliliters volume over a two second duration, was
`element.
`utilized to test the device. The medicament pellet com
`Since vaporization of medicament 40 occurs only
`prised of menthol having a melting point of 108° F. and
`.1 upon a demand for air through dosing devices of the
`a boiling point of 218° F. emitted vapor as the Nichrome
`present invention, the vapor concentration level in the
`heating element 72 achieved a temperature in the range _
`~ air stream drawn into the user’s mouth and lungs remain
`of l90°-220° F. within the 2 second duration. Based on
`:substantially constant for any given air ?ow rate
`organoleptic perception of the user, the device ap
`through the device, regardless of the interval of time
`peared to provide a substantially constant concentration
`' which passes between successive draws. This not only
`of menthol vapor in the air drawn across the heated
`'
`waste of the medicament pellet 40, but also
`menthol pellet over the life of the device. The particular
`battery tested was capable of providing heating element
`enables the user to administer the medicament within a
`substantially given concentration range. In a particu
`temperatures in the 200° F. range for about 5 cycles,
`i‘? larly preferred embodiment, the vapor concentration
`each cycle having an overall duration of approximately
`‘level of the medicamentcan be adjusted upwardly or
`ten minutes. Each ten minute cycle was carried out
`v‘fdownwardly as desired by increasing or decreasing the
`using a continuously repeating pattern of two seconds
`40
`?ow through ori?ce 30 via movement of sealing ring
`“on” and 58 seconds “off” in an attempt to emulate the
`345 along the tubular body portion 15 of the device. This
`behavior of a cigarette smoker.
`ability to control vapor concentration level may be
`Although the exemplary device described in the pre
`particularly important for medicaments which are ef
`ceding paragraphs was tested only with menthol, it is
`fective for their intended purpose only when adminis
`believed that similar results can be obtained working
`with nicotine-containing compounds. For example, it is
`tered within a predetermined concentration range or
`which, for one reason or another, may be harmful to the
`believed that liquid nicotine base (C10H14N2), which is
`user if a certain maximum concentration level is ex
`colorless and volatile and which turns brown and ac
`ceeded.
`quires a tobacco-like odor upon exposure to air, could
`be mixed with a solid such as menthol to form a pellet of
`nicotine-containing medicament 40. Alternatively, a
`nicotine tartrate or a mixture of nicotine and citric acid
`could be produced as a solid or semi-solid and used in a
`manner similar to the menthol pellet described above to
`provide dosing of nicotine at safe levels comparable to
`those experienced when smoking a cigarette, but with
`out the harmful by-products of combustion. It is also
`believed feasible to coat the heating element 72 with a
`nicotine-containing compound in lieu of using a vapor
`izable pellet 40. Such easily replaceable, coated heating
`elements could be used as an alternative to vaporizable
`pellets and a non-disposable heating element, as dis
`closed herein.
`While particular embodiments of the present inven
`tion have been illustrated and described, it will be obvi
`ous to those skilled in the art that various changes and
`modi?cations can be made without departing from the
`spirit of the scope of the invention. It is intended to
`
`EXAMPLE
`An exemplary dosing device of the present invention
`was made utilizing transparent acrylic plastic tube
`stock. The body portion of the device had an exterior
`diameter of approximately 2.5 centimeters and overall
`length of approximately 8 centimeters. The inside diam
`eter of the body portion was approximately 1.9 centime
`ters.
`The mouthpiece end of the device comprised a simi
`lar piece of plastic tube stock measuring approximately
`1.9 centimeters in outside diameter by approximately 3
`centimeters long. The inside diameter of the mouth
`piece end measured approximately 1.2 centimeters in
`diameter. The smaller mouthpiece end was forced in
`side the large body portion tube and secured in substan
`tially sealed relation thereto by the resultant interfer
`ence ?t. An EverReady ® alkaline type E91 (AA) bat
`tery, as available from Union Carbide, having a rating
`
`35
`
`45
`
`50
`
`60
`
`Fontem Ex. 2007
`Nu Mark LLC v. Fontem Holdings 1 B.V. IPR2016-01303
`Page 8 of 11
`
`

`
`15
`
`20
`
`25
`
`30
`
`9
`cover in the appended claims all such modi?cations that
`a

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket