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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`R.J. REYNOLDS VAPOR COMPANY
`Petitioner
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`v.
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`ALTRIA CLIENT SERVICES LLC
`Patent Owner
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`
`
`
`Case No. IPR2021-00745
`U.S. Patent No. 10,485,269
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`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 10,485,269
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`TABLE OF CONTENTS
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`Page
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`I.
`II.
`III.
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`IV.
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`V.
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`C.
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`B.
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`C.
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`Introduction ............................................................................................................................ 1
`Grounds For Standing Pursuant To 37 C.F.R. § 42.104(a) .................................................... 1
`Background Information For The ’269 Patent ....................................................................... 2
`A.
`Overview Of The ’269 Patent .................................................................................... 2
`B.
`Overview Of The Prosecution History ....................................................................... 4
`C.
`Level Of Skill In The Art ........................................................................................... 5
`Identification Of Challenge Pursuant To 37 C.F.R. § 42.104(b) ........................................... 6
`A.
`37 C.F.R. § 42.104(b)(1): Claim For Which IPR Is Requested ................................. 6
`B.
`37 C.F.R. § 42.104(b)(2): The Prior Art And Specific Grounds On Which
`The Challenge To The Claim Is Based ...................................................................... 6
`37 C.F.R. § 42.104(b)(3): Claim Construction .......................................................... 7
`1.
`Face ................................................................................................................ 8
`37 C.F.R. § 42.104(b)(4): How The Construed Claim Is Unpatentable .................... 9
`D.
`37 C.F.R. § 42.104(b)(5): Supporting Evidence ........................................................ 9
`E.
`There Is A Reasonable Likelihood Claim 19 Of The ’269 Patent Is Unpatentable ............... 9
`A.
`Brief Overview Of The Prior Art ............................................................................... 9
`1.
`Overview Of The Juul Prior Art And Motivation To Combine ..................... 9
`2.
`Overview Of Verleur.................................................................................... 13
`Ground 1: Claim 19 Is Obvious Over Juul 1 In View Of Juul 2 and Juul 3 ............ 17
`1.
`Independent Claim 19 .................................................................................. 17
`Ground 2: Claim 19 Is Obvious Over Verleur ......................................................... 25
`1.
`Independent Claim 19 .................................................................................. 25
`Institution Is Warranted........................................................................................................ 33
`A.
`35 U.S.C. § 325(d) ................................................................................................... 33
`B.
`35 U.S.C. § 314(a) ................................................................................................... 34
`VII. Conclusion ........................................................................................................................... 35
`VIII. Fee Authorization ................................................................................................................. 36
`IX. Mandatory Notices Pursuant to 37 C.F.R. § 42.8(a)(1) ....................................................... 36
`A.
`37 C.F.R. § 42.8(b)(1): Real Parties-In-Interest ...................................................... 36
`B.
`37 C.F.R. § 42.8(b)(2): Related Matters .................................................................. 36
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`VI.
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`TABLE OF CONTENTS
`(continued)
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`Page
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`C.
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`37 C.F.R. § 42.8(b)(3), (4): Lead And Back-Up Counsel And Service
`Information ............................................................................................................... 36
`CERTIFICATE OF WORD COUNT UNDER 37 C.F.R. § 42.24(a) ............................................ 3
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`I.
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`Introduction
`U.S. Patent No. 10,485,269 (“the ’269 patent”) relates to an electronic vapor
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`(e-vapor) device. The claims recite a pod assembly for an e-vapor apparatus. The pod
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`assembly includes a compartment that holds a liquid and a compartment that heats the
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`liquid to produce a vapor. The vapor passes through a vapor channel that extends
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`through the liquid compartment. A user can inhale the vapor through a mouthpiece on
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`the e-vapor device.
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`The examiner allowed the claims of the ’269 patent stating, in part, that the prior
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`art did not disclose the claimed vapor channel. But e-vapor devices having vapor
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`channels that extend through the device’s liquid compartment were well known in the
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`art. For example, the Juul e-cigarette, described in multiple prior art publications,
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`disclosed an e-vapor device having such a vapor channel. As did U.S. Patent Pub. No.
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`2015/0128976 A1 (“Verleur”). None of these references were relied upon by the patent
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`examiner during prosecution of the application that matured into the ’269 patent.
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`If these references had been substantively considered, the challenged claim
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`would not have issued. Therefore, this petition for IPR should be instituted.
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`II. Grounds For Standing Pursuant To 37 C.F.R. § 42.104(a)
`Petitioner certifies the ’269 patent is available for IPR and Petitioner is not barred
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`or estopped from requesting IPR challenging the patent claims on the grounds identified
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`herein.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`III. Background Information For The ’269 Patent
`A. Overview Of The ’269 Patent
`The ’269 patent is titled “Pod Assembly, Dispensing Body, And E-Vapor
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`Apparatus Including The Same” and is directed to electronic vapor devices (a/k/a e-
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`vapor devices). Ex. 1002 at 1:18-24.
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`The e-vapor device described in the ’269 patent is illustrated in the figures below.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`Id. at Figs. 1, 15, 18.
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`As shown in Figure 1 above, the ’269 patent discloses an e-vapor device having
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`a dispensing body 104. Id. at 4:65-5:2, Fig. 1. The dispensing body 104 has a body
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`portion 118, a mouthpiece 108, and a through-hole 114. Id. at 4:67-5:5, 5:25-28, Fig. 1.
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`The through-hole 114 is configured to receive a pod assembly 302. Id. at 5:5-7,
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`Figs. 1, 15.
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`The pod assembly 302, which is shown intact and exploded in Figures 15 and 18
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`respectively, includes a vapor precursor compartment (e.g., liquid compartment)
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`(unnumbered interior portion of pod assembly 302) to hold a substance, such as liquid,
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`that is vaporized. Id. at 5:12-24, Figs. 15, 18. The pod assembly 302 also includes a
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`device compartment having a vaporizer 306. Id. at 5:12-14, 5:37-39, Figs. 15, 18. The
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`vaporizer is configured to heat the vapor precursor to produce a vapor. Id. at 5:44-46,
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`Figs. 15, 18. The vapor passes through a vapor channel 308 in the pod assembly. Id.
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`The vapor channel extends through the center of the liquid compartment and is aligned
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`with a vapor passage 106 in the mouthpiece 108 of the e-vapor device so that a user can
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`inhale the vapor. Id. at 2:10-14, 5:25-36, 5:46-51, 6:19-26, 11:5-9, Figs. 1, 15, 18. The
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`vapor channel 308/408 is visible through at least a face of the pod assembly 302/402.
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`Id. at 9:47-49, Figs. 15, 19.
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`The e-vapor device has a battery that supplies power to the vaporizer via
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`electrical contacts 416 on the insertion end of the pod assembly. Id. at 6:50-60,
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`11:57-64, Figs. 1, 19; Ex. 1005 at ¶¶21-26.
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`B. Overview Of The Prosecution History
`The ’269 patent was filed on August 24, 2018 as U.S. Patent Application
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`No. 16/111,468 (“the ’468 application”) claiming priority to an application filed on
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`April 22, 2015. Ex. 1008 at 88.
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`On October 4, 2018, the examiner issued an office action rejecting the claims
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`under 35 U.S.C. §§ 102 and 103 based, at least in part, on U.S. Patent Publication
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`No. 2015/0208729 (“Monsees”). Id. at 97-100.
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`On January 4, 2019, applicants traversed the rejection, arguing that “the cited art
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`fails to disclose or suggest ‘a vapor channel extending through the vapor precursor
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`compartment.’” Id. at 153-154.
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`On March 7, 2019, the examiner issued an office action. Id. at 157-164. The
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`examiner found the applicants’ arguments persuasive and withdrew the rejection based
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`on Monsees. Id. at 162.
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`On April 18, 2019, the examiner issued a notice of allowance. Id. at 203. In the
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`reasons for allowance, the examiner stated that the prior art does not teach or suggest
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`the claimed “vapor channel extending through the vapor precursor compartment.” Id.
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`at 208.
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`On June 14, 2019, applicants filed an RCE with an IDS identifying close to 100
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`references. Id. at 256-263.
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`On July 10, 2019, the examiner issued another notice of allowance. Id. at 851.
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`In the reasons for allowance, the examiner again stated that the prior art does not teach
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`or suggest the claimed “vapor channel extending through the vapor precursor
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`compartment.” Id. at 856.
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`On October 16, 2019, the examiner issued a third notice of allowance after
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`applicants filed additional IDSs. Id. at 970-971. The ’269 patent issued on November
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`26, 2019. Ex. 1002.
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`C. Level Of Skill In The Art
`A person of ordinary skill in the art (“POSA”) at the time of the alleged invention
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`for the ’269 patent would possess at least a Bachelor’s degree in mechanical
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`engineering, electrical engineering, chemistry, or physics, or a related field, and over
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`three years of relevant industry experience, or a Master’s degree in mechanical
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`engineering, electrical engineering, chemistry, or physics, or a related field, and over
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`two years of industry experience. Ex. 1005 at ¶¶17-20. Such a POSA would have been
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`familiar with electrically powered vaporizing articles and their components and
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`underlying technologies or similar components and technologies. Id.
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`IV.
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`Identification Of Challenge Pursuant To 37 C.F.R. § 42.104(b)
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`37 C.F.R. § 42.104(b)(1): Claim For Which IPR Is Requested
`A.
`IPR is requested for claim 19 of the ’269 patent.
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`B.
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`37 C.F.R. § 42.104(b)(2): The Prior Art And Specific Grounds On
`Which The Challenge To The Claim Is Based
`IPR is requested in view of the following references:
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`• “This Might Just Be the First Great E-Cig,” WIRED, April 21, 2015 (“Juul 1”)
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`(Ex. 1011). Juul 1 was published on April 21, 2015 and is prior art to the ʼ269 patent
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`under at least AIA 35 U.S.C. § 102(a)(1).
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`• “Startup behind the Lambo of vaporizers just launched an intelligent e-cigarette,”
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`The Verge, April 21, 2015 (“Juul 2”) (Ex. 1012). Juul 2 was published on April 21,
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`2015 and is prior art to the ʼ269 patent under at least AIA 35 U.S.C. § 102(a)(1).
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`• “PAX Labs, Inc. Introduces Revolutionary Technologies with Powerful E-
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`Cigarette JUUL,” Business Wire, April 21, 2015 (“Juul 3”) (Ex. 1013). Juul 3 was
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`published on April 21, 2015 and is prior art to the ʼ269 patent under at least AIA 35
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`U.S.C. § 102(a)(1).1
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`• U.S. Patent Pub. No. 2015/0128976 A1 to Verleur, et al. (“Verleur”) (Ex. 1014).
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`Verleur was filed on November 12, 2014, published on May 14, 2015, and is prior art
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`to the ʼ269 patent under at least AIA 35 U.S.C. § 102(a)(2).
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`The specific statutory grounds on which the challenge to the claims is based and
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`prior art relied upon for each ground are as follows:
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`Ground 1: Claim 19 is unpatentable under 35 U.S.C. § 103 over Juul 1 in view of
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`Juul 2 and Juul 3.
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`Ground 2: Claim 19 is unpatentable under 35 U.S.C. § 103 over Verleur.
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`37 C.F.R. § 42.104(b)(3): Claim Construction
`C.
`This petition is based on the claim constructions proposed by Patent Owner in
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`the co-pending District Court action.2 As explained below, Patent Owner proposed a
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`“plain and ordinary meaning” for various claim terms. Patent Owner demonstrated its
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`“plain and ordinary” meanings in its Infringement Contentions, which may be
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`considered by the Office for claim construction purposes. See 35 U.S.C. §301(a)(2);
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`1 Juul 1, Juul 2 and Juul 3 all are articles from a media blitz on April 21, 2015
`describing the publicly launched Juul e-cigarette. Attached as Exhibits 1015-1018 are
`declarations demonstrating that these articles were published and publicly available
`on April 21, 2015.
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`2 Petitioners have proposed, and reserve the right to argue, in other proceedings
`alternative constructions.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`10X Genomics, Inc. v. Bio-Rad Labs., Inc., IPR2020-00086, Paper 8 (PTAB Apr. 27,
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`2020) at 21-22. Under Patent Owner’s proposed claim constructions, the challenged
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`claim of the ’269 Patent is invalid as demonstrated in this Petition. Ex. 1005 at ¶¶51-
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`55.
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`Face
`1.
`The challenged claim recites a pod assembly having “face(s)”: a front face and
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`a rear face. Ex. 1002 at 20:21-25. In contending that “front face” and “rear face” should
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`be given their “plain and ordinary meaning,” Patent Owner states that the ordinary
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`meaning of “face” is “the surface of an object,” which does not need to be bounded by
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`one or more edges. Ex. 1024 at 29; Ex. 1026 at 27-28.
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`Patent Owner contends that this meaning of “face” is broad enough to encompass
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`the accused VUSE ALTO Pod as shown in its infringement contentions depicting the
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`accused product as having a front face and a rear face.
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`Ex. 1020 at G5-G8; see also Ex. 1028 at ¶ 152; Ex. 1005 at ¶¶54-56. Petitioner
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`proposes Patent Owner’s construction of “face” for purposes of this Petition.
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`37 C.F.R. § 42.104(b)(4): How The Construed Claim Is Unpatentable
`D.
`An explanation of how claim 19 is unpatentable, including where each claim
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`feature is found in the prior art and the motivation to combine the prior art, is set forth
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`below in Section V.
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`37 C.F.R. § 42.104(b)(5): Supporting Evidence
`E.
`An Appendix of Exhibits supporting this petition is attached. Exhibit 1005 is a
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`supporting Declaration of Karl R. Leinsing, MSME, PE.
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`V. There Is A Reasonable Likelihood Claim 19 Of The ’269 Patent Is
`Unpatentable
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`A. Brief Overview Of The Prior Art
`1. Overview Of The Juul Prior Art And Motivation To Combine
`Juul 1, Juul 2, and Juul 3 each describe the same device – the Juul e-cigarette.
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`Ex. 1011 at 1-7; Ex. 1012 at 1-6; Ex. 1013 at 1-2. Indeed, Juul 1 and Juul 2 both use
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`the same image to depict the Juul device. Ex. 1011 at 3; Ex. 1012 at 1. These references
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`are articles from April 21, 2015 describing the publicly launched Juul device. Ex. 1011
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`at 1-7; Ex. 1012 at 1-6; Ex. 1013 at 1-2. As explained further below, each of these
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`references discloses that the Juul device is an electronic vaporizer (e-vapor) that
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`vaporizes liquid contained in a pod (known as the Juulpod) for inhalation by a user.
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`Ex. 1011 at 1-7; Ex. 1012 at 1-6; Ex. 1013 at 1-2; Ex. 1005 at ¶¶56-57.
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`Juul 1, Juul 2, and Juul 3 each are from the same field of endeavor as the ’269
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`patent as they all are directed to “electronic vapor devices.” Ex. 1002 at 1:18; Ex. 1011
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`at 1-2, Ex. 1012 at 1-3; Ex. 1013 at 1; Ex. 1005 at ¶¶56-57. Thus, Juul 1, Juul 2, and
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`Juul 3 are analogous art to the ’269 patent. Ex. 1005 at ¶¶56-57. A POSA would have
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`been motivated to combine each of these three Juul references together. Ex. 1005 at
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`¶¶56-57. These three references described the same device. Juul 1 and Juul 2 even use
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`the same image to depict the Juul device. Ex. 1011 at 3; Ex. 1012 at 1. Thus, a POSA
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`would have been motivated to use the teachings from each of these references in
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`combination with the teachings from the other references describing the Juul device.
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`Ex. 1005 at ¶¶56-57. For example, Juul 3 discloses that the Juul device has a “liquid-
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`to-wick” cartridge system. Ex. 1013 at 1. A POSA would have been motivated to
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`combine this teaching with Juul 1 and Juul 2 to provide a mechanism by which the
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`liquid in the Juul device is transported to the heating mechanism. Ex. 1005 at ¶¶56-57.
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`Juul 1, Juul 2 and Juul 3, collectively, are referred to herein as “Juul.”
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`(a) Overview Of Juul 1
`Juul 1, entitled “This Might Just Be the First Great E-Cig,” is directed to the Juul
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`e-cigarette. Ex. 1011 at 1-7. Juul 1 discloses “an e-cigarette system, with a pocket-size
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`vaporizer and nicotine juice cartridges you swap in and out.” Id. at 2. “It’s a long, thin,
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`slightly rounded rectangle. It’s mostly battery . . . save for a slot at the top where you
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`pop in a tiny pack of nicotine-infused ‘juice.’” Id. at 2. Juul 1 depicts the Juul vaporizer
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`and cartridge in the following images:
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`Id. at 1, 5.
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`In addition to containing the nicotine juice, the cartridge has a heating mechanism
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`having a heating coil adjacent the insertion end of the cartridge. Id. at 4-6. The heating
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`mechanism vaporizes the nicotine juice with the vapor traveling through a vapor
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`channel in the cartridge. Id. at 5, 6. The vapor channel leads to a mouthpiece where
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`the user places his/her mouth to inhale the vapor. Id. at 2, 5.
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`The cartridge has a plurality of faces that are transparent allowing a user to view
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`the interior components, including the liquid, heating mechanism and vapor channel.
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`Id. 1, 5. The device body has a window that is aligned with the cartridge allowing the
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`user to view the interior components of the cartridge after it has been inserted in the
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`device. Id. at 1.
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`The device has a battery and magnets. Id. at 3; Ex. 1005 at ¶¶58-61.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`(b) Overview Of Juul 2
`Juul 2, entitled “Startup behind the Lambo of vaporizers just launched an
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`intelligent e-cigarette,” is directed to the Juul e-cigarette. Ex. 1012 at 1-6. Juul 2
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`discloses a “rectangular e-cigarette” (a/k/a “vaporizer”) having “disposable cartridges
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`easily popped into the device” as shown in the following pictures. Id. at 1, 3, 4, 6.
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`Id. at 1, 4.
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`The cartridges, known as “Juulpods,” contain liquid having nicotine. Id. at 2,
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`4, 6. The device vaporizes the liquid allowing a user to inhale the vapor. Id. at 2-3, 4.
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`The vapor travels through a vapor channel in the cartridge. Id. at 4. The vapor channel
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`leads to a mouthpiece where the user places his/her mouth to inhale the vapor. Id.
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`at 2, 4.
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`The cartridge has a plurality of faces that are transparent allowing a user to view
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`the interior components, including the liquid, heating mechanism and vapor channel.
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`Id. at 4. The device body has a window that is aligned with the cartridge allowing the
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`user to view the interior components of the cartridge after it has been inserted in the
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`device. Id. at 1, 6.
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`The insertable end of the cartridge has electrical contacts. Id. at 4. The device
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`has a rechargeable battery and magnets. Id. at 3; Ex. 1005 at ¶¶62-65.
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`(c) Overview Of Juul 3
`Juul 3, entitled “PAX Labs, Inc. Introduces Revolutionary Technologies with
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`Powerful E-Cigarette JUUL,” is directed to the Juul e-cigarette. Ex. 1013 at 1-2. Juul 3
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`discloses an e-cigarette having liquid-nicotine cartridges, known as JUULpods, that are
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`inserted in the device. Id. at 1-2. The device uses a “liquid-to-wick cartridge system.”
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`Id. at 1. The device produces a vapor for a consumer to inhale. Id. at 1. The device
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`has a battery and magnets. Id. at 1-2; Ex. 1005 at ¶66.
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`2. Overview Of Verleur
`Verleur, entitled “Vaporizer,” is directed to “vaporizers, which may also be
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`referred to as electronic cigarettes.” Ex. 1014 at [0002]. As shown in Figure 1 below,
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`Verleur discloses a vaporizer having a chamber 108
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`for
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`receiving a
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`cartomizer 200/200A. Id. at [0034], [0042]. The cartomizer contains a vaporizable
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`substance 300/300A, such as a liquid. Id. at [0042]. Verleur discloses a wick 216 and
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`a heating element proximate the insertion end of the cartomizer. Id. at [0043], [0045].
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`The heating element heats the vaporizable liquid. Id. at [0005], [0043]. The vaporized
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`liquid travels through an inhalation tube 222 away from the heating element to a
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`mouthpiece 220 allowing a user to inhale the vaporized liquid. Id. at [0043], [0055],
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`Fig. 1.
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`As shown in Figure 1B, Verleur discloses that the cartomizer includes three
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`electrical contacts 218 on the insertion end of the cartomizer. Id. at [0005], [0008],
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`[0049], Figs. 1, 1B, 2, 2A. The electrical contacts 218 are electrically connected to
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`heating element 214. Id. at [0005], [0032], [0037]. When the cartomizer is inserted in
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`the cartomizer chamber 108 of the vaporizer, the insertion end 210 having the electrical
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`contacts compress pogo pins 122, shown in Figure 1C, to establish an electrical
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`connection. Id. at [0037]. A battery 110 housed in the vaporizer supplies the current.
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`Id. at [0032], [0034], [0035], [0037], Fig. 1. Current flows through the electrical
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`contacts 218 to activate heating element 214. Id. at [0037], [0043].
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`Verleur discloses that cartomizer has a plurality of external surfaces. As shown,
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`for example, in Figures 4 and 15 below, the body of the cartomizer is translucent
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`allowing a user to view its internal components. Id. at [0042], Figs. 4, 5, 12, 15. “[A]t
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`least a portion of body 208 [of cartomizer 200A] may be composed of translucent or
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`substantially translucent material, such as glass or plastic, so that a user may see fluid
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`300A held within.” Id. at [0042], Figs. 4, 5, 12, 15. The vaporizer may include
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`windows 130 that are translucent and aligned with the translucent body of the
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`cartomizer allowing the user to view the cartomizer. Id. at [0041], [0042], Figs. 1, 4, 5.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`As shown in Figures 1B and 1C above, Verleur discloses that vaporizer 10 has
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`magnets 124 and 202 to secure the cartomizer in the cartomizer chamber. Id. at
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`[Abstract], [0039], [0040], [0053], Figs. 1, 1B, 1C; Ex. 1005 at ¶¶69-70.
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`Verleur is from the same field of endeavor as the ’269 patent as both are directed
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`to “electronic vapor devices.” Ex. 1002 at 1:18; Ex. 1014 at [0002]; Ex. 1005 at ¶¶67-
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`69. Thus, Verleur is analogous art to the ’269 patent. Ex. 1005 at ¶¶67-71.
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`B. Ground 1: Claim 19 Is Obvious Over Juul 1 In View Of Juul 2 and
`Juul 3
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`1.
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`Independent Claim 19
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`(a) Preamble: “A pod assembly for an e-vapor apparatus,
`comprising:”
`To the extent the preamble of claim 19 is limiting, it is disclosed by the
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`combination of Juul 1, Juul 2 and Juul 3 (collectively referred to as “Juul”).
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`Juul discloses an e-vapor apparatus. As disclosed in the ’269 patent, an e-vapor
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`apparatus is an electronic vapor device. Ex. 1002 at 1:18-24. Juul discloses an
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`electronic cigarette that produces a vapor. Ex. 1011 at 1-2, 6; Ex. 1012 at 1-4; Ex. 1013
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`at 1. Juul uses a battery, electrical connections, a “precision resistance measurement
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`circuit,” and a heating mechanism to vaporize a liquid. Ex. 1011 at 1, 4, 6; Ex. 1012
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`at 2-3; Ex. 1013 at 1. Thus, Juul discloses an electronic vapor device (i.e., an e-vapor
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`apparatus).
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`Juul also discloses a pod assembly. Specifically, as shown in the following
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`picture, Juul discloses a cartridge, known as the Juulpod, for insertion into the device.
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`Ex. 1011 at 1-2, 5; Ex. 1012 at 2-4; Ex. 1013 at 1-2.
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`Ex. 1012 at 4.
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`Juul therefore discloses a pod assembly (Juulpod) for an e-vapor apparatus. Juul
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`discloses the preamble of claim 19. Ex. 1005 at ¶¶184-187.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`(b) Element 1: “a vapor precursor compartment configured
`to hold a vapor precursor, the vapor precursor
`compartment including a front face and a rear face
`opposite the front face, the front face and the rear face
`including transparent portions;”
`Element 1 of claim 19 is disclosed by Juul. As discussed above, Juul discloses
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`the Juulpod cartridge. As shown in the images below, the Juulpod has a liquid
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`compartment that holds a liquid formulation.
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`Ex. 1011 at 5; Ex. 1012 at 4. Specifically, Juulpod holds a vaporizable liquid. Ex. 1011
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`at 1, 2 (“nicotine-infused juice”), 5, 6; Ex. 1012 at 2 (“liquid-nicotine cartridges”), 3-4;
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`Ex. 1013 at 1 (“liquid-to-wick”), 2. Because this liquid is vaporized, the liquid is a
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`vapor precursor and the liquid compartment is a vapor precursor compartment.
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`As shown in the images below, the Juulpod has a front face and a rear face.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`Ex. 1011 at 5; Ex. 1012 at 4. As shown, the rear face is opposite the front face. Each
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`of these faces is “the surface of an object.” The geometry of the Juulpod is further
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`disclosed by the rectangular shape of the Juul device in which the Juulpod is inserted.
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`Ex. 1011 at 2 (“It’s a long, thin, slightly rounded rectangle. . . It purposely doesn’t
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`look or feel like a cigarette. . . You do look a little like you plugged a USB stick in
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`your mouth.”)
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`Juul discloses that a portion of the front face and the rear face is transparent. The
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`images depict that the faces of the Juulpod are transparent and that the liquid is visible
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`through the faces. Ex. 1011 at 5; Ex. 1012 at 4. Juul also discloses that the device has
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`windows that are transparent and aligned with the transparent body of the Juulpod
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`allowing the user to view the Juulpod.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`Ex. 1011 at 1.
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`Juul therefore discloses a vapor precursor compartment (liquid compartment)
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`configured to hold a vapor precursor (“nicotine-infused juice”, “liquid-nicotine”), the
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`vapor precursor compartment including a front face and a rear face opposite the front
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`face, the front face and the rear face including transparent portions. Juul discloses
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`element 1 of claim 19. Ex. 1005 at ¶¶188-191.
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`(c) Element 2: “a device compartment upstream from the
`vapor precursor compartment, the device compartment
`configured to heat the vapor precursor to produce a
`vapor; and”
`Element 2 of claim 19 is disclosed by Juul. Juul discloses that Juulpod has a
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`heating mechanism and wick. Ex. 1011 at 4-6; Ex. 1012 at 2-3; Ex. 1013 at 1. As
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`shown in the image below, a vaporizer compartment having the heating mechanism and
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`wick is at the insertion end of the Juulpod (i.e., away from the mouthpiece). Ex. 1011
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`at 5. The insertion end is the upstream end of the Juulpod as vapor travels from the
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`vaporizer compartment at this end through a vapor channel and to a mouthpiece at the
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`other (downstream) end. Ex. 1011 at 1-2, 4-6; Ex. 1012 at 2-4; Ex. 1013 at 1. As shown
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`in the image below, the vaporizer compartment is upstream from the liquid
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`compartment.
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`Ex. 1011 at 5. The wick and heating element are used to heat and vaporize the liquid
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`in the Juulpod. Ex. 1011 at 4-6; Ex. 1012 at 2-3; Ex. 1013 at 1. Juul discloses a “liquid-
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`to-wick cartridge system.” Ex. 1013 at 1. It would have been known to a POSA that
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`the wick absorbs the liquid and transports the liquid to the heating mechanism to heat
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`and vaporize the liquid. Ex. 1005 at ¶57, ¶192.
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`Thus, Juul discloses a device compartment (vaporizer compartment) upstream
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`from the vapor precursor compartment (liquid compartment), the device compartment
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`configured to heat the vapor precursor to produce a vapor. Juul therefore discloses
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`element 2 of claim 19. Ex. 1005 at ¶¶192-193.
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`(d) Element 3: “a vapor channel extending through the
`vapor precursor compartment, the vapor channel being
`visible through the transparent portions of the vapor
`precursor compartment.”
`Element 3 of claim 19 is disclosed by Juul.
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`Juul discloses a vapor channel for transporting the vaporized liquid from the
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`vaporizer compartment through the Juulpod containing the liquid, and to the
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`mouthpiece so that a user can inhale the vaporized liquid. Ex. 1011 at 1-2, 4-6; Ex. 1012
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`at 2-4; Ex. 1013 at 1.
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`Ex. 1011 at 5.
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`Juul discloses that the vapor channel is visible through faces of the Juulpod. As
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`shown above, for example, the image depicts that the faces of the Juulpod are
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`transparent such that the internal components, including the vapor channel, are visible.
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`Ex. 1011 at 5; Ex. 1012 at 4.
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`Juul also discloses that the device has windows that are transparent and aligned
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`with the transparent body of the Juulpod allowing the user to view the internal
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`components of the Juulpod, including the vapor channel.
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`Ex. 1011 at 1.
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`Thus, Juul discloses a vapor channel extending through the vapor precursor
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`compartment (liquid compartment), the vapor channel being visible through the
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`transparent portions of the vapor precursor compartment. Juul therefore renders
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`obvious claim 19. Ex. 1005 at ¶¶194-198.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`C. Ground 2: Claim 19 Is Obvious Over Verleur
`Independent Claim 19
`1.
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`(a) Preamble: “A pod assembly for an e-vapor apparatus,
`comprising:”
`To the extent the preamble of claim 19 is limiting, it is disclosed by Verleur.
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`Verleur discloses an e-vapor apparatus. As disclosed in the ’269 patent, an e-
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`vapor apparatus is an electronic vapor device. Ex. 1002 at 1:18-24. Verleur discloses
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`a vaporizer 10 and that such a device also is referred to as an electronic cigarette.
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`Ex. 1014 at [Abstract], [0002]. The device uses a battery, electrical connections and a
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`heating element to vaporize a substance, such as liquid. Id. at [Abstract], [0005], Fig. 1.
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`Thus, Verleur discloses an electronic vapor device (i.e., an e-vapor apparatus).
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`Verleur also discloses a pod assembly. Specifically, and as shown in for
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`example, Figure 12, Verleur discloses vaporizer 10 having a “vaporization unit or
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`cartomizer” 200/200A that is connectable to the vaporizer. Id. at [0034], [0042], Fig. 1,
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`12.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 10,485,269
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`Verleur therefore discloses a pod assembly (cartomizer 200/200A) for an e-vapor
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`apparatus (vaporizer 10). Verleur discloses the preamble of claim 19. Ex. 1005 at
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`¶¶199-202.
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`(b) Element 1: “a vapor precursor compartment configured
`to hold a vapor precursor, the vapor precursor
`compartment including a front face and a rear face
`opposite the front face, the front face and the rear face
`including transparent portions;”
`Element 1 of claim 19 is disclosed by Verleur.
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`Verleur discloses a liquid compartment that holds a liquid formulation.
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`Specifically, cartomizer 200/200A holds a vaporizable fluid 300A. Ex. 1014 at [0004],
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`[0034], [0042], Fig. 1. “Vaporizable fluid 300A may be, for example, any known or to
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`be developed fluid useful to vaporize, for inhalation nicotine, flavor or other desired
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`ingredients in an electronic cigarette, such fluids include