c19J
`
`
`United States Patent
`Gerth et al.
`
`[11]Patent Number:
`
`4,735,217
`Apr. 5, 1988
`[45]Date of Patent:
`
`••••••••••••••••••••••••••••••.••••••••••.••••
`
`Kelly Linman; John V.
`
`[56]
`
`[54]DOSING DEVICE TO PROVIDE
`3,356,094 12/1967 Ellis et al . ........................... 131/266
`
`
`
`
`
`VAPORIZED MEDICAMENT TO THE
`
`
`
`
`3,404,692 10/1968 Lampert .............................. 131/170
`
`
`
`3,683,936 8/1972 O'Neil, Jr . .............................. 131/8
`LUNGS AS A FINE AEROSOL
`
`
`
`
`4,149,548 4/1979 Bradshaw ....................... 131/170 A
`DelmarCincinnati; [75] Inventors: Donald L. Gerth,
`
`
`
`
`
`
`4,284,089 8/1981 Ray ..................................... 131/270
`
`R.Muckenfuhs, Middletown, both of
`
`
`4,340,072 7/1982 Bolt et al . ............................ 131/273
`Ohio
`
`
`
`4,393,884 7/1983 Jacobs ................................. 131/273
`
`
`4,585,014 4/1986 Fry ...................................... 131/175
`
`The Procter & Gamble Company,
`[73]Assignee:
`
`
`
`4,585,015 4/1986 Silberstein ........................... 131/339
`
`Cincinnati, Ohio
`Millin
`Primary Examiner-V.
`[21]Appl. No.: 898,970
`
`
`
`Attorney, Agent, or Firm-E.
`
`
`Gorman; Richard C. Witte
`[22] Filed:Aug. 21, 1986
`[57]
`A24K 47/00
`[51]Int. Cl.4
`ABSTRACT
`
`[52]U.S. Cl ..................................... 131/273; 131/329;
`
`A medicament dosing device capable of administering a
`
`
`
`
`
`
`
`128/203.17; 128/203.27; 128/204.17;
`
`
`
`vaporized medicament in the form of tiny aerosol parti­
`128/204.23
`cles to the mouth and lungs of the user at a substantially
`
`
`131/273, 329, 330; [58]Field of Search .......................
`
`
`
`
`
`constant concentration level. In a particularly preferred
`
`
`
`128/204.17, 203.17, 204.23, 203.27
`
`
`
`
`embodiment the dosing device is used to provide nico­
`
`tine to a cigarette smoker in a form and a dose that
`
`References Cited
`
`
`
`
`closely mimics a burning cigarette to satisfy the smok­
`U.S. PATENT DOCUMENTS
`
`
`
`
`er's craving for nicotine, but without subjecting either
`
`
`
`the user or any non-users in the immediate vicinity to
`239,196 3/1881 Rousseaux .
`
`
`
`
`
`the tars and carbon monoxide of cigarette smoke. A
`
`
`962,617 6/1910 Bucceri .
`
`
`
`
`
`preferred device comprises a battery powered resis­
`
`
`1,968,509 7/1934 Tiffany .................................. 219/38
`
`
`tance heater housed in a cigarette-shaped tube. A de­
`
`
`
`
`2,057,353 10/1936 Whittemore, Jr .................... 219/38
`
`
`2,104,266 1/1938 McCormick ........................ 131/330
`
`
`
`
`mand-operated switch is employed in the circuit so that
`
`
`2,342,853 2/1944 Furstenberg ........................ 128/200
`
`as the user sucks air through the tube in a manner simi­
`
`
`2,425,624 8/1947 Lardinois ............................ 128/200
`
`
`lar to puffing on a cigarette, energy is supplied to the
`
`
`
`2,479,002 8/1949 Ceperly ............................... 128/201
`
`
`
`resistance heater which vaporizes the nicotine. Because
`
`
`2,702,033 2/1955 Pardeman ........................... 128/201
`
`
`
`the system vaporizes the medicament being adminis­
`
`
`
`2,721,551 10/1955 Lob! .................................... 128/208
`
`tered only upon activation of the demand-operated
`
`
`2,764,154 9/1956 Murai .................................. 128/201
`
`
`
`switch, the concentration of the medicament will be
`
`
`
`2,809,634 10/1957 Murai .................................. 128/195
`
`
`2,830,597 4/1958 Kummli .............................. 131/171
`
`
`substantially constant each time the user sucks on the
`
`
`
`
`2,860,638 11/1958 Bartolomeo ......................... 128/201
`
`
`mouthpiece end of the cigarette-shaped tube, regardless
`
`
`
`3,200,819 8/1965 Gilbert ................................ 128/208
`
`
`of the length of the time intervals which pass between
`
`
`
`3,258,015 6/1966 Ellis et al . ........................... 131/171
`
`successive inhalations.
`
`
`
`
`3,279,476 10/1966 Noznick et al . .................... 131/10.7
`
`
`
`3,313,305 4/1967 Noznick et al . .................... 131/10.7
`
`
`
`
`
`3,347,231 10/1967 Chien-Hshuing Chang ....... 128/201
`
`
`
`20 Claims, 3 Drawing Sheets
`
`72 50
`
`68 t 65
`
`10
`
`70
`
`Philip Morris Products, S.A.
`Exhibit 1027
`Page 001
`
`

`

`Philip Morris Products, S.A.
`Exhibit 1027
`Page 002
`
`

`

`U.S. Patent Apr. 5, 1988
`
`Sheet 2 of 3
`
`4,735,217
`
`
`
`S
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`
`t). Se2/zza2 2s S5
`M
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`
`69 N HE IFF is is
`
`SNY
`
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`Y
`Y
`6O-
`O EE EE 21
`EEEEEEE
`2.E.E.A4 44.as ZSR-4-44-4-4
`66
`68 t 65
`7O
`
`Yaw
`
`NCNN
`
`
`
`Philip Morris Products, S.A.
`Exhibit 1027
`Page 003
`
`

`

`U.S. Patent Apr. 5, 1988
`
`Sheet 3 of 3
`
`4,735,217
`
`Fig. 6
`4O
`
`
`
`Philip Morris Products, S.A.
`Exhibit 1027
`Page 004
`
`

`

`1.
`
`DOSING DEVICE TO PROVIDE WAPORIZED
`MEDCAMENT TO THE LUNGS ASA FINE
`AEROSOL
`
`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 influ
`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 difficulties.
`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 fla
`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 flavor-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 flashlight batteries which are controlled by manually
`operated "on/off switches. Accordingly, the concen
`tration of medicament vapor for any given inhalation by
`
`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
`10
`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 burn
`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
`20
`as menthol, to the lungs of the user in a very fine 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,
`25
`thereby causing the vaporized medicament to condense
`in a very fine 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
`30
`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.
`BACKGROUND OF THE INVENTION
`Inhalation devices for dosing 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
`45
`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
`50
`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 finely divided iron, nickel,
`55
`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
`65
`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
`
`35
`
`.
`
`Philip Morris Products, S.A.
`Exhibit 1027
`Page 005
`
`

`

`O
`
`15
`
`4,735,217
`3.
`4.
`the user will depend upon: (a) how long the unit has
`constant each time the user sucks on the cigarette
`been left in the "on' position immediately prior to inhal
`shaped tube, regardless of the time intervals which pass
`ing the vapor; and (b) how long a period of time has
`between successive inhalations. Furthermore, because
`passed since the preceding inhalation.
`vaporization occurs only as air is being drawn across
`U.S. Pat. No. 2,809,634 issued to Murai on Oct. 15,
`the medicament, nearly all of the vaporized medicament
`1957, U.S. Pat. No. 2,830,597 issued to Kummlion April
`is effectively utilized by the user rather than merely
`15, 1958 and U.S. Pat. No. 4,393,884 issued to Jacobs on
`re-condensing inside the device without reaching the
`July 19, 1983 all disclose inhalation devices which are
`user's lungs.
`automatically actuated by suction or manual pressure.
`In a particularly preferred embodiment, the electrical
`However, the material to be inhaled from these devices
`air-flow actuated switch comprises a vane-type switch
`is maintained in a pressurized form, usually as an
`which is actuated by a resilient diaphragm located at the
`aerosal. These devices would not function with non
`exterior end of the device. One or more air inlet orifices
`aerosal medicaments which require the addition of heat
`located about the periphery of the device near its dia
`for vaporization to occur.
`phragm end allow the user to draw the incoming air
`While the aforementioned prior art devices have
`across the vaporized medicament on its way to the
`solved some of the problems associated with dosing of a
`user's mouth and lungs. The reduced pressure created
`vaporized or vaporizable medicament, none have simul
`inside the device when the user sucks on the mouth
`taneously solved all of the difficulties normally encoun
`piece end causes inward movement of the resilient dia
`tered. Furthermore, none of these prior art devices have
`phragm which contacts and closes the vane-type elec
`achieved a significant level of commercial acceptance,
`20
`trical switch against the battery. This completes the
`particularly as substitutes for conventional nicotine
`electrical circuit, thereby energizing the resistance
`containing cigarettes.
`heater on which the medicament is placed. Thus the
`Accordingly, it is an object of the present invention
`medicament is vaporized only when air is drawn across
`to provide a dosing device for a vaporizable medica
`its surface. While in the relatively cooler air stream, the
`ment which operates only on demand when the user
`25
`vaporized medicament condenses to form tiny aerosal
`draws air through the device.
`particles which are small enough to enter the user's
`It is another object of the present invention to pro
`lungs and be distributed throughout the alveolae
`vide such a dosing device which includes a self-con
`thereof. Thus the medicament is effectively adminis
`tained power source and a heating element capable of
`tered to the user's body through the lungs.
`vaporizing a medicament by the addition of heat only
`30
`when the user draws air through the device.
`BRIEF DESCRIPTION OF THE DRAWINGS
`It is another object of the present invention to pro
`While the specification concludes with claims partic
`vide such a device which is capable of delivering the
`ularly pointing out and distinctly claiming the present
`vaporized medicament to the user infine aerosal form at
`invention, it is believed the present invention will be
`an approximately constant concentration level, regard
`35
`better understood from the following description in
`less of the time interval which passes between succes
`conjunction with the accompanying drawings in which:
`sive inhalations.
`FIG. 1 is a simplified enlarged perspective illustration
`It is still another object of the present invention to
`of a medicament dosing device of the present invention
`provide such a device which is combustion free,
`shown prior to insertion of the medicament pellet;
`3 whereby neither the user nor any non-users in the im
`40
`FIG. 2 is a view generally similar to that of FIG. 1,
`ediate vicinity need inhale the harmful by-products of
`but showing the device after the medicament pellet has
`*::combustion in order to vaporize the medicament.
`been inserted and the cylindrical restraining ring has
`DISCLOSURE OF THE INVENTION
`been advanced along the axis of the device to cover the
`orifice through which the medicament pellet is inserted;
`The present invention comprises a medicament dos
`45
`ing device capable of administering a vaporized medica
`FIG. 3 is a view generally similar to that of FIGS. 1
`and 2, but showing the condition of the resilient dia
`ment to the lungs of a user at a substantially constant
`phragm in the end of the device when air is being drawn
`concentration level. In a particularly preferred embodi
`through the mouthpiece end;
`ment the dosing device is used to provide nicotine to a
`FIG. 4 is a greatly enlarged simplified cross-section
`cigarette smoker in a form and a dose that closely mim
`50
`ics a burning cigarette to satisfy the smoker's craving
`of the device generally shown in FIG. 2 taken along
`for nicotine, but without subjecting either the user or
`section line 4-4 of FIG. 2;
`FIG. 5 is a greatly enlarged simplified cross-section
`any non-smokers in the immediate vicinity to the tars
`of the device generally shown in FIG. 3 taken along
`and carbon monoxide of cigarette smoke. The device
`preferably comprises a battery powered resistance
`section line 5-5 of FIG. 3; and
`55
`heater housed in a cigarette-shaped tube. A demand
`FIG. 6 is an electrical schematic of an alternative
`operated electrical switch is employed in the heating
`embodiment of the present invention.
`circuit so that as the user sucks air through the tube in
`DETALED DESCRIPTION OF THE
`a manner similar to puffing on a cigarette, energy is
`INVENTION
`supplied to the resistance heater which vaporizes the
`nicotine. The vaporized nicotine condenses as a very
`FIGS. 1-5 disclose a particularly preferred medica
`fine aerosol in the cool air drawn through the device,
`ment dosing device 10 of the present invention. In the
`thereby allowing tiny particles of the medicament to
`illustrated embodiment, the dosing device 10 comprises
`a cylindrical body portion 15 joined to the mouthpiece
`reach the alveolae of the user's lungs along with the air
`drawn through the device. Because the system vapor
`end 25 by means of a conical section 20. The cylindrical
`65
`izes the medicament being administered only upon acti
`body portion 15, the mouthpiece end 25 and the conical
`vation of the demand-operated electrical switch, the
`section 20 may be comprised of nearly any desired ma
`concentration of the medicament will be substantially
`terial, molded plastic being particularly preferred.
`
`
`
`Philip Morris Products, S.A.
`Exhibit 1027
`Page 006
`
`

`

`4,735,217
`6
`5
`is in an "open' condition. Accordingly, no current
`As can best be seen from the cross-sections of FIGS.
`flows through resistance heating element 72 and there is
`4 and 5, the cylindrical body portion 15 has its exterior
`no melting or vaporization of the pellet of medicament
`end closed by means of a resiliently deformable dia
`phragm member 55 which is preferably secured about
`40.
`the periphery of the cylindrical body portion 15 of the
`The cross-section of FIG. 5 depicts the condition
`device. The diaphragm 55 preferably includes a cen
`which exists when the user sucks air through the mouth
`trally located deformable portion 60 which is substan
`piece end 25 of the device. In particular, air is drawn in
`tially impermeable to the passage of air.
`through orifice 30 in cylindrical body portion 15 of the
`The cylindrical body portion 15 also includes at least
`device. This air travels along the interior passageway of
`cylindrical body portion 15, around the pellet of medi
`one air inlet orifice 30 located near the exterior end of 10
`the device. As will be appreciated by those skilled in the
`cament 40, through conical section 20 and mouthpiece
`art, a multiplicity of such orifices may, if desired, be
`end 25 and into the user's mouth and lungs, as generally
`employed. The resistance to air flow through orifice 30
`shown by the arrows in FIG. 5. Sucking on the mouth
`is preferably adjustable by means of a sealing ring 45
`piece end 25 of the device also reduces the pressure
`which is axially slidable along the length of body por
`15
`existing within the device relative to the surrounding
`tion 15. In the embodiment illustrated in FIGS. 1-5, the
`atmosphere. When this occurs, the deformable dia
`sealing ring 45 is not functioning to restrict air flow
`phragm 55 is acted upon by the surrounding atmo
`through orifice 30. However, depending upon the resis
`spheric pressure so that its movable portion 60 is caused
`tance desired by the user, the orifice 30 may be re
`to exhibit an inwardly concave conformation, as gener
`stricted by axially sliding sealing ring 45 in the direction
`20
`ally shown in FIG. 5. This inward movement of portion
`of the exterior end of the device 10 to block at least a
`60 of diaphragm 55 causes movable metallic arm 69 to
`portion of orifice 30.
`move into contact with the positive end 66 of battery
`A second orifice 35, also located in body portion 15,
`65. This completes or "closes' the electrical circuit
`is preferably used for inserting a cylindrical pellet of
`which includes the resistance heating element 72 shown
`vaporizable medicament 40 into position in the dosing
`25
`generally in FIGS. 4 and 5. It is, of course, recognized
`device 10, as generally shown in FIGS. 1, 4 and 5. The
`that different types of air flow actuated switches could
`pellet of vaporizable medicament 40 is preferably held
`be used in lieu of the diaphragm actuated switch illus
`in place by means of a restraining ring 50 generally
`trated in the Drawing Figures e.g., a vane switch. The
`similar to sealing ring 45, the restraining ring also being
`particular switch selected is unimportant so long as it
`slidable along the axis of cylindrical body portion 15 of 30
`reliably actuates in response to the flow of air through
`the dosing device 10. In the condition illustrated in
`the device.
`FIG. 1, the restraining ring 50 is slid toward the mouth
`The heat produced by resistance heating element 72
`piece end 25 to allow exposure of orifice 35 and inser
`elevates the temperature of the pellet of medicament 40
`tion of the pellet of medicament 40. In the condition
`sufficiently to cause at least some vaporization of the
`illustrated in FIGS. 2-5, the restraining ring 50 has been
`medicament. Because the relatively cool air being
`advanced to a position which blocks orifice 35, thereby
`drawn through orifice 30 is being drawn across the
`preventing the pellet of vaporizable medicament 40
`pellet of pnedicament 40 on its way to the user's mouth,
`from being dislodged from the device 10.
`a substantial portion of the vaporized medicament is
`Inside the cylindrical body portion 15 of the device
`picked up by the moving air stream and carried to the
`there is also provided a self-contained electrical power
`40
`mouthpiece end 25 of the device and ultimately into the
`source, as represented by battery 65. The positive end
`user's mouth and lungs. While in the relatively cooler
`66 of the battery 65 is fitted with a cylindrical metallic
`air stream, the vaporized medicament condenses to
`ring 68 having a deformable metallic vane or arm 69 in
`form tiny aerosol particles which are small enough to
`electrical contact with metallic ring 68. The negative
`enter the user's lungs and be distributed to the alveolae
`end 67 of batter 65 is fitted with a similar metallic ring
`thereof. This is a necessary condition for the medica
`70 having a spring tensioned metallic arm 71 maintained
`ment to be effectively administered to the user's body
`in electrical contact therewith. Metallic rings 68 and 70
`through the lungs. Without the moving airstream, the
`are placed in electrical contact with one another by
`vaporized medicament will merely condense inside the
`means of a resistance heating element 72 which has its
`device and will never reach the user's lungs.
`opposite ends secured to metallic rings 68 and 70 so as
`50
`As will be appreciated by those skilled in the art,
`to establish electrical continuity therebetween. The
`when the air ceases to flow through the device 10, i.e.,
`battery 65, metallic rings 68 and 70 and heating element
`when the user stops sucking on the mouthpiece end 25,
`72 are secured within tubular body portion 15 of the
`the movable portion 60 of resiliently deformable dia
`device 10 by means well known in the art and therefore
`phragm 55 will return to its substantially undistorted
`not shown (e.g. an adhesive). As can be seen from
`55
`condition, as generally shown in FIG. 4. This allows the
`FIGS. 4 and 5, the heating element 72 is radially aligned
`spring loaded metallic arm 69 to return to its normal at
`with orifice 35, and the pellet of vaporizable medica
`rest position as generally shown in FIG. 4, thereby
`ment 40 has a height sufficient to cause slight deforma
`breaking or "opening' the electrical circuit which in
`tion of heating element 72 when restraining ring 50 is
`cludes resistance heating element 72. Accordingly, the
`advanced into the position shown in FIGS. 4 and 5.
`resistance heating element 72 immediately begins to
`This ensures good contact between the medicament 40
`cool and vaporization of the pellet of medicament 40
`and the heating element 72.
`ceases as soon as its temperature has dropped below the
`The cross-section of FIG. 4 shows the de-energized
`vaporization temperature of the particular medicament
`condition of the electrical circuit when no air is being
`being administered. This prevents the vapor concentra
`sucked through the mouthpiece end 25 of the device 10.
`tion from building up inside the device during the time
`Because there is no contact between metallic arm 69
`intervals which elapse between successive inhalations
`and the positive end 66 of battery 65, the electrical
`from the mouthpiece end 25 of the device.
`circuit which includes the resistance heating element 72
`
`35
`
`45
`
`65
`
`Philip Morris Products, S.A.
`Exhibit 1027
`Page 007
`
`

`

`4,735,217
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`8
`FIG. 6 is a simplified 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 (E) (241 alloy) segment, as avail
`"open' pressure actuated switch 115 is added to the
`able from Driver-Harris Co. of Harrison, N.J. It mea
`mouthpiece end of the device. If the user wishes to keep
`sured approximately one inch long by 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 and 69.
`is actuated by pressure applied by the user's mouth or
`The configuration and orientation of the battery 65,
`10
`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 fingertip cut from a
`threshold pressure sufficient to close switch. The nor
`rubber glove and secured about the periphery of the
`15
`mally open pressure actuated switch 115 must, of
`large diameter plastic tubing, as generally shown in
`course, be connected in series with the airflow actuated
`FIGS. 4 and 5. The air intake orifice 30 measured ap
`switch 69 and battery 65 so that both switches must be
`proximately 0.8 millimeters in diameter, and the orifice
`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 flow through the de
`The test medicament was comprised of a menthol
`vice to close the air flow 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
`25
`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
`... upon a demand for air through dosing devices of the
`a boiling point of 218 F. emitted vapor as the Nichrome
`is present invention, the vapor concentration level in the
`heating element 72 achieved a temperature in the range
`30
`air stream drawn into the user's mouth and lungs remain
`of 190-220 F. within the 2 second duration. Based on
`-substantially constant for any given air flow 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
`minimizes waste of the medicament pellet 40, but also
`menthol pellet over the life of the device. The particular
`35
`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,
`it larly preferred embodiment, the vapor concentration
`each cycle having an overall duration of approximately
`level of the medicament. can be adjusted upwardly or
`ten minutes. Each ten minute cycle was carried out
`i-downwardly as desired by increasing or decreasing the
`using a continuously repeating pattern of two seconds
`40
`i.airflow through orifice 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
`45
`tered within a predetermined concentration range or
`with nicotine-containing compounds. For example, it is
`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
`modifications 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
`55
`length of approximately 8 centimeters. The inside diam
`eter of the body portion was appro