EXHIBIT 1023
`
`EXHIBIT 1023
`
`

`

`Case 2:15-cv-00779-DB Document 2 Filed 11/04/15 Page 1 of 8
`
`A. John Pate (Utah Bar No. 6303)
`jpate@patebaird.com
`Gordon K. Hill (Utah Bar No. 9361)
`ghill@patebaird.com
`PATE BAIRD, PLLC
`36 West Fireclay Avenue
`Salt Lake City, Utah 84107
`
`Attorneys for Plaintiff
`ESIP Series 1, LLC
`
`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF UTAH, CENTRAL DIVISION
`
`ESIP SERIES 1, LLC, a Utah Limited
`Liability Company,
`
`Case No. 2:15-CV-0779-DS
`
`Plaintiff,
`
`COMPLAINT
`
` v.
`
`DOTERRA INTERNATIONAL, LLC, a
`Utah Limited Liability Company, and DOE
`COMPANIES 1-10,
`
` Judge David Sam
`
`Defendants.
`
`Plaintiff, ESIP Series 1, LLC (hereinafter “ESIP”), hereby files this Complaint against
`
`Defendant, doTERRA International, LLC (hereinafter “doTerra”) and Doe Companies 1-10
`
`(hereinafter “Doe Companies”) (hereinafter collectively “Defendants”), and alleges as follows:
`
`THE PARTIES
`
`1.
`
`ESIP is a limited liability company duly organized and existing under the laws of the
`
`State of Utah and has a principal place of business located at 14008 West Highway 56,
`
`Cedar City, Utah 84720.
`
`1
`
`Petitioner Puzhen - Ex. 1023, p. 1
`
`

`

`Case 2:15-cv-00779-DB Document 2 Filed 11/04/15 Page 2 of 8
`
`2.
`
`Upon information and belief, doTERRA International, LLC is a limited liability company
`
`duly organized and existing under the laws of the State of Utah and has a principal place
`
`of business located at 389 South 1300 West, Pleasant Grove, Utah 84062.
`
`3.
`
`Upon information and belief, Doe Companies are business entities that are making, using,
`
`selling, offering to sell, or importing the Accused Diffuser (described infra) in the United
`
`States, including without limitation, business entities that obtain the Accused Diffuser
`
`directly or indirectly from doTerra and business entities that provide the Accused
`
`Diffuser directly or indirectly to doTerra. Doe Companies may be identified during
`
`discovery and the Complaint may be appropriately amended to include such Doe
`
`Companies.
`
`JURISDICTION AND VENUE
`
`4.
`
`This is a civil action for patent infringement arising under the patent laws of the United
`
`States, including but not limited to 35 U.S.C. §271, et seq.
`
`5.
`
`This is also a civil action for unfair competition pursuant to the laws of the State of Utah,
`
`including but not limited to Utah Code Ann. §13-5a-101, et seq.
`
`6.
`
`This court has subject matter jurisdiction over ESIP’s patent infringement and unfair
`
`competition claims pursuant to 28 U.S.C. §§1331, 1338(a), and 1367.
`
`7.
`
`Upon information and belief, doTerra is subject to general jurisdiction in this judicial
`
`district because doTerra is a Utah limited liability company.
`
`8.
`
`Venue is proper in this judicial district pursuant to, at least, 28 U.S.C. §§1391(b)(1),
`
`1391(b)(2), 1391(b)(3), 1391(c) and 1400(b).
`
`2
`
`Petitioner Puzhen - Ex. 1023, p. 2
`
`

`

`Case 2:15-cv-00779-DB Document 2 Filed 11/04/15 Page 3 of 8
`
`FACTUAL BACKGROUND
`
`9. ESIP is a leader in the field of atomizers, especially as related to atomizers or diffusers
`
`(or atomizing diffusers) for use with essential oils and aroma therapy.
`
`10. ESIP manufacturers, markets, and sells atomizing diffusers for use with essential oils and
`
`aroma therapy through its authorized licensees: ES Innovations, Inc. (hereinafter “ES
`
`Innovations”) manufactures atomizing diffusers; and Diffuser World, Inc. (hereinafter
`
`“Diffuser World”) markets and sells atomizing diffusers.
`
`11. ESIP achieved its position as a market leader based in part on its determination to
`
`innovate and its substantial investment in research and development of quality products
`
`manufactured in the United States.
`
`12. Many of ESIP’s technological innovations are protected, inter alia, by a portfolio of
`
`patents, trademarks, and copyrights.
`
`13. ESIP is the owner of United States Patent No. 7,878,418 for INTEGRATED,
`
`ESSENTIAL-OIL ATOMIZER issued to Early [sic] Vaughn Sevy on February 1, 2011
`
`(hereinafter “`418 Patent”). A copy of the `418 Patent is attached hereto as Exhibit A.
`
`14.
`
`In general, the `418 Patent covers atomizers or diffusers.
`
`15. ESIP’s atomizing diffuser product sold by Diffuser World, AROMA-ACE™, is marked
`
`with the `418 Patent.
`
`16. Upon information and belief, doTerra makes, uses, sells, offers to sell, and/or imports
`
`into the United States a nebulizing diffuser that doTerra markets under the trade name
`
`“Cloud” (hereinafter “Accused Diffuser”).
`
`17. Upon information and belief, a copy of a webpage brochure from doTerra describing and
`
`offering to sell the Accused Diffuser is attached hereto as Exhibit B.
`
`
`
`3
`
`Petitioner Puzhen - Ex. 1023, p. 3
`
`

`

`Case 2:15-cv-00779-DB Document 2 Filed 11/04/15 Page 4 of 8
`
`18. Upon information and belief, doTerra was aware of Diffuser World’s AROMA-ACE™
`
`product, and also aware of the `418 Patent, at least prior to the filing of the Complaint in
`
`this case.
`
`19. Upon information and belief, doTerra was provided actual notice of the `418 Patent prior
`
`to the filing of the Complaint in this case.
`
`20. Upon information and belief, doTerra owns the website using the URL
`
`www.doterra.com.
`
`21. The webpage brochure describing the Accused Diffuser and included as Exhibit B states
`
`that one of the Product Features is that the Accused Diffuser “Utilizes a micro air pump
`
`and patent-pending technology.”
`
`22. The Accused Diffuser has the word “Patented” printed on its base.
`
`23. Upon information and belief, the Accused Diffuser as made, sold or offered for sale by
`
`Defendants infringes at least one claim in the `418 Patent, including but not limited to, by
`
`direct infringement, by contributory infringement, and/or by induced infringement.
`
`FIRST CAUSE OF ACTION
`(Patent Infringement – The `418 Patent)
`
`24. The allegations of Paragraphs 1 - 23 are incorporated herein by reference as if fully set
`
`forth herein.
`
`25. Upon information and belief, doTerra is making, using, selling, offering to sell, or
`
`importing into the United States the Accused Diffuser.
`
`26. Upon information and belief, the Accused Diffuser infringes at least one claim in the
`
``418 Patent, including without limitation claims 1 and 14 of the `418 Patent.
`
`
`
`4
`
`Petitioner Puzhen - Ex. 1023, p. 4
`
`

`

`Case 2:15-cv-00779-DB Document 2 Filed 11/04/15 Page 5 of 8
`
`27. Upon information and belief, doTerra’s actions give rise to a cause of action for patent
`
`infringement pursuant to at least 35 U.S.C. §§ 271 and 281, whether by direct
`
`infringement, contributory infringement, or inducement to infringe.
`
`28. Upon information and belief, doTerra’s actions have been both willful and deliberate.
`
`29. Upon information and belief, ESIP has suffered irreparable harm and actual damages,
`
`including loss of sales and profits that would have been made except for the
`
`infringement.
`
`30. Upon information and belief, ESIP has suffered irreparable harm and cannot be
`
`compensated by monetary damages alone. Accordingly, ESIP is entitled to preliminary
`
`and permanent injunctive relief enjoining doTerra from importing, making, using, selling,
`
`or offering to sell in the United States any nebulizing diffuser product that infringes any
`
`claim of the `418 Patent.
`
`31. By reason of the foregoing, ESIP is entitled to injunctive and monetary relief against
`
`doTerra pursuant to at least 35 U.S.C. §§ 284 and 285.
`
`SECOND CAUSE OF ACTION
`(Unfair Competition)
`
`32. The allegations of Paragraphs 1-31 are incorporated herein by reference as if fully set
`
`forth herein.
`
`33. Upon information and belief, doTerra is engaging in intentional business acts or practices
`
`that are unlawful, unfair, and/or fraudulent and that have caused a material diminution in
`
`the value of ESIP’s `418 Patent in violation of, inter alia, Utah Code Ann. §§ 13-5a-
`
`102(4) and 103(1).
`
`34. Upon information and belief, doTerra is engaging in conduct that gives rise to a cause of
`
`action for unfair competition and related wrongs under the statutory and common laws of
`
`
`
`5
`
`Petitioner Puzhen - Ex. 1023, p. 5
`
`

`

`Case 2:15-cv-00779-DB Document 2 Filed 11/04/15 Page 6 of 8
`
`the State of Utah and other states, including at least the Utah Code Ann. §§ 13-5a-101, et
`
`seq.
`
`35. Upon information and belief, ESIP has suffered actual damages and irreparable harm.
`
`36. By reason of the foregoing, ESIP is entitled to actual and punitive damages from doTerra,
`
`including attorneys’ fees, expenses and costs, pursuant to at least Utah Code Ann. §§ 13-
`
`5a-103(1)(b).
`
`THIRD CAUSE OF ACTION
`(False Advertising)
`
`37. The allegations of Paragraphs 1-36 are incorporated herein by reference as if fully set
`
`forth herein.
`
`38. Upon information and belief, doTerra has engaged in the dissemination of false
`
`advertisements in commerce for the purpose of inducing the purchase of nebulizing
`
`diffuser products in violation of, inter alia, 15 U.S.C. §52.
`
`39. Upon information and belief, doTerra’s actions were intentionally misleading.
`
`40. Upon information and belief, ESIP has suffered actual damages and irreparable harm.
`
`FOURTH CAUSE OF ACTION
`(False Marking)
`
`41. The allegations of Paragraphs 1-40 are incorporated herein by reference as if fully set
`
`forth herein.
`
`42. Upon information and belief, doTerra has used the term “patented” in advertising in
`
`connection with a nebulizing diffuser product for the purpose of deceiving the public in
`
`violation of, inter alia, 35 U.S.C. §292.
`
`6
`
`Petitioner Puzhen - Ex. 1023, p. 6
`
`

`

`Case 2:15-cv-00779-DB Document 2 Filed 11/04/15 Page 7 of 8
`
`43. Upon information and belief, doTerra has used the term “patent pending” in advertising
`
`in connection with a nebulizing diffuser product for the purpose of deceiving the public
`
`in violation of, inter alia, 35 U.S.C. §292.
`
`44. Upon information and belief, ESIP has suffered a competitive injury and actual damages
`
`as a result of doTerra’s violation of 35 U.S.C. §292.
`
`PRAYER FOR RELIEF
`
`
`
`Wherefore, ESIP prays that:
`
`A. The claims of the `418 Patent be adjudged and declared valid and enforceable;
`
`B.
`
`doTerra be adjudged and declared to have infringed at least one claim of the `418
`
`Patent, whether by direct infringement, contributory infringement, and/or inducement
`
`to infringe;
`
`C.
`
`D.
`
`doTerra be adjudged and declared to have committed unfair competition;
`
`doTerra and its agents, sales representatives, distributors, employees, members,
`
`attorneys, affiliates, subsidiaries, successors, and assigns, and any and all persons
`
`acting with, through, under or in active concert or participation with any or all of them,
`
`be enjoined and restrained preliminarily during the pendency of this action, and
`
`thereafter permanently, from infringing, actively inducing others to infringe, and/or
`
`contributorily infringing any patent claims in the `418 Patent;
`
`E.
`
`Judgment be entered that doTerra be required to provide an accounting and pay over to
`
`ESIP all damages sustained by ESIP due to such patent infringement and that such
`
`damages be trebled pursuant to 35 U.S.C. §284 for the willful acts of infringement
`
`alleged herein;
`
`
`
`7
`
`Petitioner Puzhen - Ex. 1023, p. 7
`
`

`

`Case 2:15-cv-00779-DB Document 2 Filed 11/04/15 Page 8 of 8
`
`F. This case be adjudged and declared exceptional pursuant to 35 U.S.C. §285 and ESIP
`
`G.
`
`H.
`
`I.
`
`J.
`
`be awarded its costs and reasonable attorneys’ fees in bringing this action;
`
`doTerra be adjudged and declared to have committed false advertising;
`
`Judgment be entered that doTerra be required pay over to ESIP all damages sustained
`
`by ESIP due to such false advertising;
`
`doTerra be adjudged and declared to have committed false marking;
`
`Judgment be entered that doTerra be required to pay over to ESIP all damages
`
`sustained by ESIP due to such false marking;
`
`K.
`
`doTerra be required to file with the Court within thirty (30) days after entry of final
`
`judgment of this case a written statement under oath setting forth the manner in which
`
`doTerra has complied with the final judgment;
`
`L. ESIP be awarded its costs and prejudgment interests on all damages awarded;
`
`M. ESIP be awarded its reasonable attorneys’ fees; and
`
`N. ESIP be awarded such further and other relief as the court deems just and proper.
`
`ESIP demands trial by jury on all claims and issues so triable.
`
`DATED: November 4, 2015.
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ Gordon K. Hill
`Gordon K. Hill
`A. John Pate
`PATE BAIRD
`
`Attorneys for Plaintiff
`ESIP Series 1, LLC
`
`8
`
`Petitioner Puzhen - Ex. 1023, p. 8
`
`

`

`Case 2:15-cv-00779-DB Document 2-1 Filed 11/04/15 Page 1 of 18
`Case 2:15-cv-00779—DB Document 2-1 Filed 11/04/15 Page 1 of 18
`
`EXHIBIT A
`
`Petitioner Puzhen - Ex. 1023, p. 9
`
`Petitioner Puzhen - Ex. 1023, p. 9
`
`

`

`Case 2:15-cv-00779-DB Document 2-1 Filed 11/04/15 Page 2 of 18
`Case 2:15-cv-00779-DB Document 2-1 Filed 11/04/15 Page 2 of 18
`,llllll||||||l|||||||l||||lllllllllllllllll|||||||||l|||l|||l|||ll||||l|||||
`
`USOO7878418B2
`
`Us 7,878,418 B2
`United States Patent
`(12)
`(10) Patent No.:
`(45) Date of Patent:
`Feb. 1, 2011
`Sevy
`
`(54)
`
`(76)
`
`INTEGRATED, ESSENTIAL-OIL ATOMIZER
`
`Inventor: Early Vaughn Sevy, 4560 N. Tomahawk
`Dr., Enoch, UT (US) 84720
`
`(*)
`
`Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 197 days.
`
`(21)
`
`Appl. No.: 12/247,755
`
`(22)
`
`(65)
`
`(51)
`
`(52)
`
`(58)
`
`(56)
`
`Filed:
`
`Oct. 8, 2008
`
`Prior Publication Data
`
`US 2010/0084484 A1
`
`Apr. 8, 2010
`
`Int. Cl.
`(2006.01)
`A62C 5/02
`US. Cl.
`............................. 239/8; 239/69; 239/338;
`239/340; 239/346; 239/351; 239/370; 239/590.3;
`239/124; 128/200.18; 128/2002]; 261/D1G. 88
`Field of Classification Search
`239/8,
`239/11, 67, 69, 338, 340, .342, 346, 351,
`239/369, 370, 124; 128/200.14, 200.18,
`128/200.21; 261/782, DIG. 88; 422/123
`See application file for complete search history.
`References Cited
`
`U.S. PATENT DOCUMENTS
`
`2,826,454 A ’*
`5,248,448 A *
`5,549,247 A *
`D491,258 S
`D492,020 S
`D509,893 S
`D520,129 S
`
`3/1958 Coanda
`9/1993 Waldron etal.
`8/1996 Rossman etal.
`6/2004 Sevy
`6/2004 Sevy
`9/2005 Sevy
`5/2006 Sevy
`
`239/338
`. 261/782
`
`..
`.. 239/338
`
`D526,710 S
`7,407,118 B2
`7,712,683 B2*
`
`8/2006 Sevy
`8/2008 Sevy
`5/2010 Robert etal.
`
`............... 239/346
`
`OTHER PUBLICATIONS
`Aroma-GlobeTM Essential Oil Diffuser/Nebulizer Diffuser
`World,Aug.
`10,
`2008,
`p.
`1
`http://www.difl"userworld.com/
`aromaglobATM-essential-oil-diffusernebnlizer-p<lOJitml.
`Nebulizing Diffuser, Betterherbs, Oct. 8, 2008, http://betterherbs.
`serrahost.com/Detail.bok?no=397.
`Auroma Nebulizer for the House, Shop.com, Oct. 8, 2008, p. 1
`http://www.shop.com/
`Auroma_Nebullzer_for__the_House_diffiiscar-46805905-p1 shtml.
`Aura Cacia Electric Difiuser House Model, Shopcom, Oct. 8, 2008,
`p.
`l,
`http://www.shop.com/
`Aura_Cacia_Electric_Dilfuser_House_Mode1_diffuser-
`46805768-pLshtml.
`Essential Air Room Diffusers, Leyden House, Oct. 8, 2008, p. 1
`http://www.leydenhouse.comldiffilsers.html.
`
`1‘ cited by examiner
`
`Primary Examiner—Steven J Ganey
`(74) Attorney, Agent, or Finn—Pate Pierce & Baird
`
`(57)
`
`ABSTRACT
`
`An atomizer provides a control of duty cycle or a motor
`driving a diaphragm pump. By providing precise, high-speed
`flow through an eductor nozzle,
`improved atomization
`occurs. However, to control the total volume of atomized
`liquid discharged, the delay time between operational time
`periods may also be controlled. Thus, a very effective atom-
`izer provides economical use of essential oils by control duty
`cycle. Precision modeling provides highly integrated sub-
`systems providing superior performance and reliability.
`
`18 Claims, 9 Drawing Sheets
`
`
`
`
`
`Petitioner Puzhen - Ex. 1023, p. 10
`
`Petitioner Puzhen - Ex. 1023, p. 10
`
`

`

`Case 2:15-cv-00779-DB Document 2-1 Filed 11/04/15 Page 3 of 18
`Case 2:15-cv-00779—DB Document 2-1 Filed 11/04/15 Page 3 of 18
`
`US. Patent
`
`Feb. 1, 2011
`
`Sheet 1 019
`
`US 7,878,418 B2
`
`
`
`FIG—1
`
`Petitioner Puzhen - Ex. 1023, p. 11
`
`Petitioner Puzhen - Ex. 1023, p. 11
`
`

`

`emU
`7OmuV
`Case 2:15-cv-00779-DB Document 2-1 Filed 11/04/15 Page 4 of 18
`8
`5l/4O/ll
`
`n_Vtmm2twamPO
`
`mnD02BLwm7F
`
`w9NfF021..a2mmS
`
`.mo7“v48,e7gSmU
`
`14,
`
`2Bm
`
`etitioner Puzhen - Ex. 1023, p. 12
`
`S P
`
`Petitioner Puzhen - Ex. 1023, p. 12
`
`

`

`Case 2:15-cv-00779-DB Document 2-1 Filed 11/04/15 Page 5 of 18
`Case 2:15-cv-00779—DB Document 2-1 Filed 11/04/15 Page 5 of 18
`
`US. Patent
`
`Feb. 1, 2011
`
`Sheet 3 019
`
`US 7,878,418 B2
`
`
`
`FIG—3
`
`Petitioner Puzhen - Ex. 1023, p. 13
`
`
`
`Petitioner Puzhen - Ex. 1023, p. 13
`
`

`

`Case 2:15-cv-00779-DB Document 2-1 Filed 11/04/15 Page 6 of 18
`Case 2:15-cv-00779—DB Document 2-1 Filed 11/04/15 Page 6 of 18
`
`US. Patent
`
`Feb. 1, 2011
`
`Sheet 4 of9
`
`US 7,878,418 B2
`
`
`
`FIG-4
`
`Petitioner Puzhen - Ex. 1023, p. 14
`
`
`
`Petitioner Puzhen - Ex. 1023, p. 14
`
`

`

`Case 2:15-cv-00779-DB Document 2-1 Filed 11/04/15 Page 7 of 18
`Case 2:15-cv-00779—DB Document 2-1 Filed 11/04/15 Page 7 of 18
`
`U.S. Patent
`
`Feb. 1, 2011
`
`Sheet 5 019
`
`US 7,878,418 B2
`
`
`
`
`
`Petitioner Puzhen - Ex. 1023, p. 15
`
`Petitioner Puzhen - Ex. 1023, p. 15
`
`

`

`Case 2:15-cv-00779-DB Document 2-1 Filed 11/04/15 Page 8 of 18
`Case 2:15-cv-00779—DB Document 2-1 Filed 11/04/15 Page 8 of 18
`
`US. Patent
`
`Feb. 1, 2011
`
`Sheet 6 of9
`
`US 7,878,418 B2
`
`FIG—6
`
`
`
`Petitioner Puzhen - Ex. 1023, p. 16
`
`Petitioner Puzhen - Ex. 1023, p. 16
`
`

`

`Case 2:15-cv-00779-DB Document 2-1 Filed 11/04/15 Page 9 of 18
`Case 2:15-cv-00779—DB Document 2-1 Filed 11/04/15 Page 9 of 18
`
`US. Patent
`
`Feb. 1, 2011
`
`Sheet 7 of9
`
`US 7,878,418 B2
`
`
`
`FIG-7
`
`Petitioner Puzhen - Ex. 1023, p. 17
`
`Petitioner Puzhen - Ex. 1023, p. 17
`
`

`

`Case 2:15-cv-00779-DB Document 2-1 Filed 11/04/15 Page 10 of 18
`Case 2:15-cv-00779—DB Document 2-1 Filed 11/04/15 Page 10 of 18
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`US. Patent
`
`Feb. 1, 2011
`
`Sheet 8 019
`
`Us 7,878,418 B2
`
`FIG-8
`
`
`
`Petitioner Puzhen - Ex. 1023, p. 18
`
`Petitioner Puzhen - Ex. 1023, p. 18
`
`

`

`Case 2:15-cv-00779-DB Document 2-1 Filed 11/04/15 Page 11 of 18
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`Petitioner Puzhen - Ex. 1023, p. 19
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`

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`Case 2:15-cv-00779-DB Document 2-1 Filed 11/04/15 Page 12 of 18
`Case 2:15-cv-00779—DB Document 2-1 Filed 11/04/15 Page 12 of 18
`
`US 7,878,418 B2
`
`1
`INTEGRATED, ESSENTIAL-OIL ATOMIZER
`
`BACKGROUND
`
`1. The Field of the Invention
`This invention relates to atomizers and, more particularly,
`to novel systems and methods for integrating air supplies,
`reservoirs and atomizers into an integrated system.
`2. The BackgroundArt
`Various mechanisms for treating an environment with
`moisture, medicaments, and the like have been developed
`using boilers, heaters, fans, and so forth. Aroma therapy
`involves evaporation, distribution, or other entrainment of
`volatiles, essential oils, or the like into breathing air, an atmo-
`sphere of a room, or other enclosed space. Applicant has
`previously developed various mechanisms for distributing
`atomized liquids into the atmosphere. Likewise, various sys-
`tems for heating or dissolving aromatic or oil-based materials
`in a solvent to promote evaporation into the atmosphere have
`also been relied upon in the art. Meanwhile, various medical
`devices provide humidification of a space such as a “steam
`ten ” or the like.
`Spray painting has long used various types of spray devices
`to apply paint onto surfaces. However, with such systems,
`pumps are typically very heavy on the order of several pounds
`or tens of pounds. Also, sprayer systems are typically not
`integrated because the supply of paint is a large container
`weighing from about 8 to about 40 pounds. Accordingly, a
`painter desires to have a very small spray head on a handle.
`Thus, it has been more useful to separate a reservoir item a
`sprayer and from a pump.
`However, in aroma therapy, it would be an advance in the
`art to accommodate Space, aesthetics, weight, stability, sim-
`plicity of use, ease ofuse, storage, and the like. Moreover, in
`handling materials such as essential oils, one should take care
`not to damage finishes, stain clothing or fabrics, and so forth.
`Accordingly, it would be an advance in the art to provide an
`integrated system having suitable weight for stability, 21 suf—
`ficiently small size so excessive footprint and volume are not
`occupied on a dresser, table, or a night stand. It would be an
`advance to provide a system easily, safely, and securely
`located anywhere within a room. Likewise, it would be an
`advance in the art to provide an aesthetically pleasing shape
`integrating all of the iiinctions required for evaporating or
`atomizing a scent, perfume, essential oil, or other material
`desired to be distributed within an ambient environment.
`It would also be an advance in the art to provide an appa-
`ratus having long life,
`inexpensive components, easily
`replaceable parts, few moving parts, few wearing parts, and
`simple as sembly and operation. It would also be an advance in
`the art to provide an aroma therapy generator or atomizer that
`could feed fi-om standard commercial bottles, conventionally
`used to contain essential oils, by direct connection to the
`atomizer. This could further eliminate any need to pour and
`otherwise chance spilling drops of damaging oil or other
`liquids on furniture or fabrics.
`It would also be an advance in the art to provide control
`over such a mechanism in order to optimize the use of mate-
`rials. For example, it wouldbe an advance in the artto provide
`some control over the amount of an expensive oil atomizing
`into the atmosphere.
`However, balancing the need to atomize an oil into a very
`fine dispersion in air acts opposite or requires an opposite
`design criterion compared to minimizing the amount ofmate-
`rial used Thus, it wouldbe an advance in the art to provide an
`atomizer that provides a better atomization or a smaller mean
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`or average size of droplet in the distribution of atomized
`droplets compared with prior art devices capable of atomiz-
`ing.
`
`BRIEF SUMMARY OF THE INVENTION
`
`In view of the foregoing, in accordance wifli the invention
`as embodied and broadly described herein, a method and
`apparatus are disclosed in one embodiment of the present
`invention as including a system having a housing for a pump
`driven by an oscillating motor to draw liquids from a reservoir
`and distribute them through an eductor into the atmosphere.
`In one embodiment, a separator after the eductor relies on
`direction change and momentum of impact to further com-
`minute the droplets into a more finely atomized mist, while
`separating out comparatively larger droplets in a compara-
`tively very short distance. Thus, large chambers dedicated to
`permitting larger droplets to fall out ofa stream or flow ofair
`may be avoided for a more compact device.
`In one embodiment, a method of aroma therapy may
`include providing an atomizer, including an eductor and a
`separator. The atomizer may be connected directly to a res-
`ervoir such as a bottle from a supplier ofa fragrance, essential
`oil, or the like. The atomizer may be connected directly to a
`pump anchoring the atomizer to a supporting surface by
`weight, stability, base, or the like.
`The method may include adjusting an electronic controller
`to control at least one ofa duration ofoperation and a duration
`of a delay between periods of operation of the pump. Oper-
`ating the pump pressurizes ambient air into a flow through the
`atomizer. The flow ofair through a nozzle educts surrounding
`air, which creates a vacuum or reduced pressure, drawing a
`liquid directly from the reservoir into the flow of air.
`The method may involve atomizing the liquid into droplets
`by Virtue of the educting stream of air as well as by the
`entrained droplets colliding against a wall of the separator.
`The separator, flowing the air stream at reduced velocity,
`separates the droplets by size, the smaller droplets moving
`with the air, and the larger ones drifting out or agglomerating
`at Walls and other obstructions. Comparatively larger droplets
`are recovered and directed back into the reservoir.
`
`Comparatively smaller droplets are passed from the atom-
`izer out
`through the separator chamber and associated
`obstructions with the flow of air. The method simultaneously
`limits net outflow of the liquid and decreases mean droplet
`size.Auser controls these by selectively setting the duty cycle
`of the pump, the fractional time of operation compared to
`total elapsed time. In some embodiments, the duty cycle may
`be controlled by controlling the ratio ofthe duration of opera-
`tion to the duration ofa delay plus the duration of operation.
`A first connector of the atomizer may connect directly to
`the pump, a second connector thereofdirectly to the reservoir,
`and a third connector thereof directly to a distributor. In fact,
`the atomizer may be homogeneously molded with the first,
`second, and third connectors as a unit.A suitablepolymeric or
`even elastomeric resin may be used to mold the atomizer.
`In some embodiments, a method may provide a housing, a
`motorbeing disposed inside the housing and electricallypow-
`ered to drive a pump. The housing may further include a lock
`securing the atomizer to the pump. The pump may be located
`in the housing having a filter disposed in an aperture thereof.
`The recess or aperture receiving a power cord providing
`power to the motor may serve this function. The aperture may
`also hold a grommet serving to support stress on the cord.
`Meanwhile, a gap may be provided therearound to pass the
`flow from the environment to the pump by way ofthehousing.
`
`
`
`Petitioner Puzhen - Ex. 1023, p. 20
`
`Petitioner Puzhen - Ex. 1023, p. 20
`
`

`

`Case 2:15-cv-00779-DB Document 2-1 Filed 11/04/15 Page 13 of 18
`Case 2:15-cv-00779—DB Document 2-1 Filed 11/04/15 Page 13 of 18
`
`US 7,878,418 32
`
`3
`In some embodiments, the pump comprises a pump body
`fitted with a valve body as a plate captured in a pinch slot to
`support pressure between the pump body and valve body
`plate. Seals positioned about openings passing the flow into
`and out of the pump may minimize pressure exposure of the
`structures ofthe pump. This is an improvement over conven-
`tional gaskets by being sized to fit within from about one to
`about three diameters, typically about two diameters, of the
`aperture corresponding to each such face seal.
`A method may provide a separator plate controlling out-
`flow fi‘om a separator chamber, separating comparatively
`larger droplets from comparatively smaller droplets prior to
`exit ofthe comparatively smaller droplets fiom the atomizer,
`entrained in the air flow. An eductor may include a nozzle
`having a minimum effective diameter discharging the flow
`therethrough and into an aperture spacedtherefrom a distance
`of from about one to about 10 times the minimum effective
`diameter ofthe aperture ofthe nozzle.
`The method may include a pump disposed within a hous-
`ing, driven by a motor, and comprising a diaphragm com-
`pressing air and providing a flow thereof at a pressure greater
`than ambient pressure. The motormay have a coil and magnet
`operably connected to reciprocate an annatnre magnet back
`and forth to move the diaphragm.
`A control system may provide infinitely Variable adjust-
`ment between extremes (maximtun and minimum values), to
`be set by a user arbitrarily selecting a duration of operation,
`duration of deactivation between periods of operation of the
`motor, or both.
`In some embodiments, a bottle containing a liquid com-
`prising a scent, such as an essential oil may be selected from
`a vendor and used directly by connection to the atomizer, such
`as by threading the atomizer directly to the bottle. The atom-
`izer may be connected directly to the pump. The atomizer
`may be fixed to the pump or the housing by'a fastening
`mechanism such as a rotating bayonet connection or the like.
`Anchoring the atomizer by the bulk, weight or both of the
`pump and housing assembly reduces the chance ofbreakage
`or spilling of an atomizer system sitting on a supporting
`surface.
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`In operation, the eductor nozzle draws directly from the
`bottle a portion of the liquid by momentum transfer associ-
`atedwith eduction. That is, eduction is the transfer ofmomen—
`tum from a high speed stream to another stream or quiescent
`body of fluid. The momentum of the comparatively high
`speed stream of the nozzle, fed by the pump, tends to both
`accelerate and atomize the educted (drawn) portion ofliquid
`into droplets.
`Spraying the droplets into a separator removes droplets
`insufficiently small to be carried indefinitely by ambient air
`movement. The separator and flow are sized to release with
`the air flow those droplets having an effective diameter of
`from about 1 micron to about 5 microns. Smaller droplets
`tend to evaporate into the air stream, while larger ones tend to
`settle down or agglomerate on surfaces to be returned to the
`reservoir.
`In some embodiments, the pump connects directly to the
`atomizer, the pump providing the air flow, powering the
`increase first in pressure, and then in the velocity ofthe flow
`by constricting the flow fliroughanozzle. Thehigh speed flow
`of air educts surrounding air, drawing down pressure in a
`chamber therearound, which chamber and reduced pressure
`draw the liquid from the bottle into the flow as droplets.
`The atomizer may typically have a first fitting, second 55
`fitting, and third fitting all homogeneously molded with it, so
`the first fits directly and receives securely the bottle, the
`
`4
`second fitting contains the eductor, and a third contains a
`distributor releasing the flow into the ambient.
`In some embodiments, conducting aroma therapy may
`involve selecting the liquid to be an essential oil containing
`substantially no diluents, selecting by auser a first time period
`corresponding to operation of the pump, arbitrarily selected
`between a first minimum time and a first maximum time, and
`selecting by a user a second time period corresponding to a
`delay in operation of the pump. The delay may be arbitrarily
`selected between a second minimum time and a second maxi-
`mum time.
`
`Typically, an apparatus may be constructed to contain a
`housing, a pump disposed within the housing (typically of a
`type having a diaphragm compressing air drawn fiom the
`ambient), and a magnetic, electric motor driving the pump.
`The motor may be an oscillating type, having a coil and a
`magnet (electromagnet) connected to reciprocate an electric
`field The electromagnet drives a permanent magnet back and
`forth to oscillate the diaphragm. The pump may have two
`diaphragms in symmetric arrangement to reduce vibration.
`A control system operably connected to the coil may con—
`trol electricity flowing to the coil, including voltage, current,
`off and on conditions, and so forth. The control system may
`include an actuator adjustable by a user to selectively and
`arbitrarily control the duration ofdelivery ofelectrical energy
`to the coil. A user may selectively and arbitrarily control a
`delay between adjacent periods of continuous delivery of
`electrical energy to the coil. A user may also arbitrarily con-
`trol the duration ofdelivery ofelectrical energy to the coil and
`a delay between adjacent periods of continuous delivery of
`electrical energy to the coil.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`invention will
`The foregoing features of the present
`become more fiJlly apparent from the following description
`and appended claims, taken in conjunction with the accom»
`panying drawings. Understanding that these drawings depict
`only typical embodiments ofthe invention and are, therefore,
`not to be considered limiting ofits scope, the invention will be
`describedwith additional specificity and detail through use of
`the accompanying drawings in which:
`'
`FIG. 1 is an exploded view of one embodiment of an
`integrated apparatus in accordance with the invention;
`FIG. 2 is a more detailed exploded view of one embodi-
`ment of a rear half ofthe housing of FIG. 1 showing compo—
`nents installed within and without the housing shell;
`FIG. 3 is a perspective view of the apparatus of FIGS. 1-2
`in an assembled configuration;
`FIG. 4 is a rear quarterperspective View ofthe apparatus of
`FIGS. 1-3 illustrating the control panel;
`FIG. 5 is an exploded view ofthe pump mechanism andthe
`armature portions of the motor attached to swing arms to
`drive the diaphragms ofthe pump;
`FIG. 6 is an exploded, rear quarter view ofthe from half of
`the housing of the apparatus with its contents, including the
`motor and pump;
`FIG. 7 is a partially-explodedperspective view ofthe atom-
`izer portion of the apparatus illustrating its connection
`mechanisms to connect to the pump and housing;
`FIG. 8 is a cross—sectional, side-elevation View of one
`embodiment of the apparatus of FIGS. 1-7; and
`FIG. 9 is a detailed cross-sectional, side eleva