Petitioner’s
`Demonstratives
`
`March 19, 2025
`
`PTAB Oral Argument
`NJOY, LLC v. JUUL LABS, INC.
`IPR2024-00231 (U.S. Patent No. 10,130,123)
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`NJOY Exhibit 1053.001
`NJOY v. Juul
`IPR2024-00231
`
`
`Demonstratives
`
`March 19, 2025
`
`PTAB Oral Argument
`NJOY, LLC v. JUUL LABS, INC.
`IPR2024-00231 (U.S. Patent No. 10,130,123)
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`NJOY Exhibit 1053.001
`NJOY v. Juul
`IPR2024-00231
`
`
`
`Challenged Independent Claims (14, 27)
`
`27. A vaporizer device comprising:
`a cartridge comprising a reservoir configured to hold a vaporizable
`material, a heater configured to heat the vaporizable material, and a
`mouthpiece in fluid communication with the heater; and
`a device body comprising:
`a cartridge receptacle configured to insertably receive the
`cartridge;
`a pressure sensor configured to output sensor readings, wherein
`a first side of the pressure sensor is exposed to a sealed air flow
`path and a second side of the pressure sensor is exposed to a
`device air path open to ambient pressure,
`the sealed air flow path comprising a channel formed between
`an interior surface of the cartridge receptacle and an exterior
`surface of the cartridge, the sealed air flow path passing from an
`air inlet, through the channel and to the heater and an outlet in
`the mouthpiece of the cartridge; and
`a gasket around the pressure sensor, the gasket configured to
`seal the device air path from the sealed air flow path.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`2
`
`14. A vaporizer device body comprising:
`
`a cartridge receptacle configured to insertably receive a cartridge
`containing a vaporizable material;
`a pressure sensor configured to output sensor readings, wherein
`a first side of the pressure sensor is exposed to a sealed air flow
`path and a second side of the pressure sensor is exposed to a
`device air path open to ambient pressure,
`the sealed air flow path comprising a channel formed between
`an interior surface of the cartridge receptacle and an exterior
`surface of the cartridge, the sealed air flow path passing from an
`air inlet, through the channel and to a heater and an outlet of a
`mouthpiece within the cartridge; and
`a gasket around the pressure sensor, the gasket configured to
`seal the device air path from the sealed air flow path.
`
`NJOY Exhibit 1053.002
`NJOY v. Juul
`IPR2024-00231
`
`
`
`Challenged Dependent Claims (15, 16, 18, 28, 29, 21, 32)
`
`15. The vaporizer device body of claim 14, wherein the pressure sensor
`comprises a capacitive membrane.
`
`28. The vaporizer device of claim 27, wherein the pressure sensor
`comprises a capacitive membrane.
`
`16. The vaporizer device body of claim 14, wherein the pressure sensor
`comprises a MEMS pressure sensor.
`
`29. The vaporizer device of claim 27, wherein the pressure sensor
`comprises a MEMS pressure sensor.
`
`18. The vaporizer device body of claim 14, wherein the sensor readings
`output by the pressure sensor comprise pressure values.
`
`31. The vaporizer device of claim 27, wherein the sensor readings output
`by the pressure sensor comprise pressure values.
`
`32. The vaporizer device of claim 27, wherein the cartridge comprises
`the vaporizable material, and wherein the vaporizable material
`comprises a nicotine formulation.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`3
`
`NJOY Exhibit 1053.003
`NJOY v. Juul
`IPR2024-00231
`
`
`
`Claimed Invention
`
`’123 Patent, Figure 25
`
`EX1001, Fig. 25
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`4
`
`Petition at 4
`
`NJOY Exhibit 1053.004
`NJOY v. Juul
`IPR2024-00231
`
`
`
`Level of Ordinary Skill in the Art
`
`Petitioner’s Proposal
`A person of ordinary skill in the art (“POSA”) would
`have at least a B.S. degree in Mechanical
`Engineering, Electrical Engineering, Industrial
`Design, Product Design, or similar field, with at
`least two years of industry experience in one of
`these fields, and such POSA would have been
`familiar with electrically powered vaporizing
`articles, their components or the underlying
`technologies.
`
`Patent Owner’s Proposal
`Patent Owner proposes that a POSITA at the time of
`the ’123 patent would have had a B.S. in mechanical
`engineering, electrical engineering, or an equivalent
`degree, and either at least two years of
`experience designing electro-mechanical
`consumer products or an advanced degree in
`mechanical engineering, electrical engineering, or
`an equivalent field.
`
`Petition at 7
`
`POR at 2
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`5
`
`NJOY Exhibit 1053.005
`NJOY v. Juul
`IPR2024-00231
`
`
`
`Invalidity Grounds
`
`1
`
`2
`
`3
`
`4
`
`102: Worm
`(claims 14, 27, 32)
`
`103: Worm + knowledge of POSA
`(claims 14, 27, 32)
`
`103: Worm + Levitz
`(claims 14, 27, 32)
`
`103: Thorens + Weigensberg
`(claims 14, 27, 32)
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`6
`
`Petition at 5-7
`
`NJOY Exhibit 1053.006
`NJOY v. Juul
`IPR2024-00231
`
`
`
`Invalidity Grounds
`
`1
`
`2
`
`3
`
`4
`
`102: Worm
`(claims 14, 27, 32)
`
`103: Worm + knowledge of POSA
`(claims 14, 27, 32)
`
`103: Worm + Levitz
`(claims 14, 27, 32)
`
`103: Thorens + Weigensberg
`(claims 14, 27, 32)
`
`5
`
`6
`
`7
`
`8
`
`103: Worm + Lamb
`(claims 14, 15, 16, 18, 27, 28, 29, 31)
`
`103: Worm + knowledge of POSA + Lamb
`(claims 14, 15, 16, 18, 27, 28, 29, 31)
`
`103: Worm + Levitz + Lamb
`(claims 14, 15, 16, 18, 27, 28, 29, 31)
`
`103: Thorens + Weigensberg + Lamb
`(claims 14, 15, 16, 18, 27, 28, 29, 31)
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`7
`
`Petition at 5-7
`
`NJOY Exhibit 1053.007
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm
`Petitioner is not relying on disparate or mutually exclusive embodiments
`
`Control body
`
`Projection Cartridge
`Cavity
`
`[0067] The connector end 324b of the coupler 324 has
`a cavity 325. The cavity 325 can be sized and shaped to
`receive a projection formed in the base of the
`cartridge (see FIG. 2).
`
`[0073] . . . The air flow pathway further can extend into
`a cartridge that is attached to the coupler (such as
`through a cartridge base, as shown in FIG. 2) and out
`of the cartridge . . .
`
`FIG. 2
`
`[0074] The spatial relationship of the air inlet channel
`and the first end of the pressure channel is further
`illustrated in FIG. 7 . . . As illustrated, the cavity 725 and
`the projection 741 each have a stepped configuration
`
`Petition at 13; Reply at 2-3
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`8
`
`NJOY Exhibit 1053.008
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm
`Petitioner is not relying on disparate or mutually exclusive embodiments
`Control body
`
`Control body
`
`Projection Cartridge
`Cavity
`
`Petition at 13-15; Reply at 2-3
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Cavity
`
`FIG. 5
`
`Control body
`
`Projection
`
`Cartridge
`
`Cavity
`
`FIG. 7
`
`FIG. 2
`
`9
`
`NJOY Exhibit 1053.009
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm
`Petitioner is not relying on disparate or mutually exclusive embodiments
`
`[0054] Although the control component 206 and the flow sensor 208 are illustrated separately, it is understood that
`the control component and the flow sensor may be combined as an electronic circuit board with the air flow sensor
`attached directly thereto. Further, the electronic circuit board may be positioned horizontally relative the illustration of
`FIG. 2 in that the electronic circuit board can be lengthwise parallel to the central axis of the control body.
`
`Control body
`
`Cartridge
`
`Control body
`
`Cartridge
`
`Flow
`Sensor
`
`FIG. 2
`
`10
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Pressure
`Sensor
`
`FIG. 7
`
`Petition at 13, 15, 31, 36; Reply at 2-4
`
`NJOY Exhibit 1053.010
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm
`Flow Sensor 208 is not disparate or mutually exclusive from Pressure Sensor 308/708
`Lamb (EX1005)
`
`Worm (EX1004)
`
`Control body
`
`Cartridge
`
`Cartridge
`
`Flow
`Sensor
`
`FIG. 2
`
`Flow
`Sensor
`
`FIG. 1
`
`[0026] As illustrated in FIG. 1, the control body 102 can be
`formed of a control body shell 106 that can include a control
`component 108 (e.g., a microprocessor, individually or as part
`of a microcontroller), a flow sensor 110 . . .
`
`[0043] Briefly returning to FIG. 1, in some examples, the flow
`sensor 110 may be implemented by a microelectromechanical
`systems-based (MEMS-based) sensor such as a MEMS
`microphone or MEMS pressure sensor . . .
`
`Petition at 27-28; Reply at 4
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`11
`
`NJOY Exhibit 1053.011
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm (claims 14, 27, 32)
`Worm discloses a non-airtight gap between the cartridge and the control body
`
`[0076] When draw on the device causing air to
`enter the air inlet channel 788 through the air inlet
`aperture 789 causes a pressure drop, such pressure
`drop is communicated to the cavity 725. The
`matched configuration of the cavity 725 and the
`projection 741 preferably does not substantially
`form an air tight connection therebetween. Thus,
`the pressure drop in the cavity 725 is likewise
`communicated to the pressure channel 785 from
`the first end 785 a to the second end 785 b and
`thus the pressure reduction space 783.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`FIG. 7
`
`12
`
`Petition at 15, 36, 40-41; Reply at 7
`
`NJOY Exhibit 1053.012
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm
`Worm discloses a non-airtight gap between the cartridge and the control body
`
`Patent Owner’s Expert
`
`EX1040 at 70:5-10
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`13
`
`POR at 65 (citing EX1004, Fig. 7)
`
`Reply at 5-6
`
`NJOY Exhibit 1053.013
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm
`Patent Owner’s Arguments Fail to Rebut the Disclosure in Worm
`
`Patent Owner
`“In addition, a POSITA would consider the
`winding path alleged by Petitioners to be
`ineffective for providing a controlled
`airflow . . .”
`POR at 63
`
`‘123 Patent, Figure 10
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`14
`
`Ex. 1043 at ¶ 33 (citing EX1001, Fig. 10)
`
`Reply at 9-10
`
`NJOY Exhibit 1053.014
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm
`Patent Owner’s Arguments Fail to Rebut the Disclosure in Worm
`Patent Owner
`Worm
`“… a POSITA would understand that
`[0076] . . . such pressure drop is communicated to
`the cavity 725. The matched configuration of the
`“labyrinth seals,” which use pathways
`cavity 725 and the projection 741 preferably does
`such as shown in Worm, could be used
`not substantially form an air tight connection
`to seal connections from fluids. Ex.
`therebetween.
`2053, ¶53. Labyrinth seals are just one
`type of mechanical seal that prevents
`airflow through a connection between
`components …”
`POR at 65
`
`Mark’s Standard Handbook for
`Mechanical Engineers
`For extremely high speeds, where it is desirable to
`eliminate all rubbing contact, the labyrinth seal
`(Fig. 25) is chosen. This seal is not fluid-tight ….
`EX1041 at 21
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`15
`
`Reply at 5, 9
`
`NJOY Exhibit 1053.015
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm
`Patent Owner’s Arguments Fail to Rebut the Disclosure in Worm
`Patent Owner
`Worm
`“Specifically, a POSITA would understand that
`[0076] When draw on the device causing air to
`when a user inhales on the mouthpiece of the
`enter the air inlet channel 788 through the air inlet
`cartridge 704, the control body 702 and cartridge
`aperture 789 causes a pressure drop, such pressure
`704 will be pulled together to form a seal, as the
`drop is communicated to the cavity 725. The
`Board recognized…. The resulting negative
`matched configuration of the cavity 725 and the
`pressure event is detected by the pressure sensor
`projection 741 preferably does not substantially
`708, because it is in fluid communication with the
`form an air tight connection therebetween. Thus,
`cavity 725 through the pressure channel 785.
`the pressure drop in the cavity 725 is likewise
`However, airflow through the alleged gap would
`communicated to the pressure channel 785 from
`be substantially limited by this sealing action.”
`the first end 785 a to the second end 785 b and
`thus the pressure reduction space 783.
`POR at 66-67
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`16
`
`Petition at 36; Reply at 11-12
`
`NJOY Exhibit 1053.016
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm
`Patent Owner’s Arguments Fail to Rebut the Disclosure in Worm
`PO Expert Decl.
`PO Expert Deposition
`“As such, portions of the electrical
`contacts in the battery portion (361, 362,
`and 363) must touch the corresponding
`contacts in the cartridge. I understand the
`Board acknowledged that the electrical
`contacts touching would prevent airflow
`in the gap.”
`EX2053 at 56
`
`EX1040 at 71:7-13
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`17
`
`FIG. 7
`
`Reply at 10-11
`
`NJOY Exhibit 1053.017
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm (claims 14, 27)
`
`27. A vaporizer device comprising:
`a cartridge comprising a reservoir
`configured to hold a vaporizable material, a
`heater configured to heat the vaporizable
`material, and a mouthpiece in fluid
`communication with the heater; and
`a device body comprising:
`a cartridge receptacle configured to
`insertably receive the cartridge;
`a pressure sensor configured to output
`sensor readings, wherein a first side of the
`pressure sensor is exposed to a sealed air
`flow path and a second side of the pressure
`sensor is exposed to a device air path open
`to ambient pressure,
`the sealed air flow path comprising a
`channel formed between an interior surface
`of the cartridge receptacle and an exterior
`surface of the cartridge, the sealed air flow
`path passing from an air inlet, through the
`channel and to the heater and an outlet in
`the mouthpiece of the cartridge; and
`a gasket around the pressure sensor, the
`gasket configured to seal the device air
`path from the sealed air flow path.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`18
`
`Cartridge
`
`Opening
`Air flow
`
`Reservoir
`Housing
`
`Heater
`
`Mouthpiece
`
`FIG. 2
`Cartridge
`
`FIG. 7
`Petition at 13-15, 47; Reply at 2-3
`
`NJOY Exhibit 1053.018
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm (claims 14, 27)
`
`27. A vaporizer device comprising:
`a cartridge comprising a reservoir configured to
`hold a vaporizable material, a heater configured
`to heat the vaporizable material, and a
`mouthpiece in fluid communication with the
`heater; and
`a device body comprising:
`a cartridge receptacle configured to
`insertably receive the cartridge;
`a pressure sensor configured to output
`sensor readings, wherein a first side of the
`pressure sensor is exposed to a sealed air
`flow path and a second side of the pressure
`sensor is exposed to a device air path open
`to ambient pressure,
`the sealed air flow path comprising a
`channel formed between an interior surface
`of the cartridge receptacle and an exterior
`surface of the cartridge, the sealed air flow
`path passing from an air inlet, through the
`channel and to the heater and an outlet in
`the mouthpiece of the cartridge; and
`a gasket around the pressure sensor, the
`gasket configured to seal the device air
`path from the sealed air flow path.
`
`Control body
`
`Projection Cartridge
`Cavity
`
`Control body
`
`Projection
`
`FIG. 2
`Cartridge
`
`Cavity
`
`FIG. 7
`Petition at 13-15, 31, 48; Reply at 2-3
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`19
`
`NJOY Exhibit 1053.019
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm (claims 14, 27)
`
`27. A vaporizer device comprising:
`a cartridge comprising a reservoir configured to
`hold a vaporizable material, a heater configured
`to heat the vaporizable material, and a
`mouthpiece in fluid communication with the
`heater; and
`a device body comprising:
`a cartridge receptacle configured to
`insertably receive the cartridge;
`a pressure sensor configured to output
`sensor readings, wherein a first side of the
`pressure sensor is exposed to a sealed air
`flow path and a second side of the pressure
`sensor is exposed to a device air path open
`to ambient pressure,
`the sealed air flow path comprising a
`channel formed between an interior surface
`of the cartridge receptacle and an exterior
`surface of the cartridge, the sealed air flow
`path passing from an air inlet, through the
`channel and to the heater and an outlet in
`the mouthpiece of the cartridge; and
`a gasket around the pressure sensor, the
`gasket configured to seal the device air
`path from the sealed air flow path.
`
`[0054] Although the control
`component 206 and the flow sensor
`208 are illustrated separately, it is
`understood that the control
`component and the flow sensor
`may be combined as an electronic
`circuit board with the air flow
`sensor attached directly thereto.
`Further, the electronic circuit board
`may be positioned horizontally
`relative the illustration of FIG. 2 in
`that the electronic circuit board can
`be lengthwise parallel to the central
`axis of the control body.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`20
`
`Control body
`
`Cartridge
`
`Flow
`Sensor
`
`Control body
`
`Cartridge
`
`Pressure
`Sensor
`
`FIG. 2
`
`FIG. 7
`
`Petition at 13-15, 31, 36, 48; Reply at 2-3
`
`NJOY Exhibit 1053.020
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm (claims 14, 27)
`[0046] An exemplary mechanism that can provide puff-actuation capability
`includes a Model 163PC01D36 silicon sensor, manufactured by the MicroSwitch
`division of Honeywell, Inc., Freeport, Ill.
`EX1004 (Worm)
`
`EX1026
`
`21
`
`Petition at 13-15, 33, 36, 48; Reply at 2-3
`
`27. A vaporizer device comprising:
`a cartridge comprising a reservoir configured to
`hold a vaporizable material, a heater configured
`to heat the vaporizable material, and a
`mouthpiece in fluid communication with the
`heater; and
`a device body comprising:
`a cartridge receptacle configured to
`insertably receive the cartridge;
`a pressure sensor configured to output
`sensor readings, wherein a first side of the
`pressure sensor is exposed to a sealed air
`flow path and a second side of the pressure
`sensor is exposed to a device air path open
`to ambient pressure,
`the sealed air flow path comprising a
`channel formed between an interior surface
`of the cartridge receptacle and an exterior
`surface of the cartridge, the sealed air flow
`path passing from an air inlet, through the
`channel and to the heater and an outlet in
`the mouthpiece of the cartridge; and
`a gasket around the pressure sensor, the
`gasket configured to seal the device air
`path from the sealed air flow path.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`NJOY Exhibit 1053.021
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm (claims 14, 27)
`
`27. A vaporizer device comprising:
`a cartridge comprising a reservoir configured to
`hold a vaporizable material, a heater configured
`to heat the vaporizable material, and a
`mouthpiece in fluid communication with the
`heater; and
`a device body comprising:
`a cartridge receptacle configured to
`insertably receive the cartridge;
`a pressure sensor configured to output
`sensor readings, wherein a first side of the
`pressure sensor is exposed to a sealed air
`flow path and a second side of the
`pressure sensor is exposed to a device air
`path open to ambient pressure,
`the sealed air flow path comprising a
`channel formed between an interior surface
`of the cartridge receptacle and an exterior
`surface of the cartridge, the sealed air flow
`path passing from an air inlet, through the
`channel and to the heater and an outlet in
`the mouthpiece of the cartridge; and
`a gasket around the pressure sensor, the
`gasket configured to seal the device air
`path from the sealed air flow path.
`
`[0064] In the embodiment illustrated in
`FIG. 5, a first end 308a of the pressure
`sensor 308 can be positioned to be in
`fluid communication with the pressure
`reduction space 383, and a second end
`308b of the pressure sensor can be
`positioned to be in fluid communication
`with the normal pressure space 373. In
`some embodiments, the pressure
`reduction space can be defined by a
`sealing member 380.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`22
`
`Petition at 13-15, 34-36, 48; Reply at 2-3
`
`NJOY Exhibit 1053.022
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm (claims 14, 27)
`
`27. A vaporizer device comprising:
`a cartridge comprising a reservoir configured to
`hold a vaporizable material, a heater configured
`to heat the vaporizable material, and a
`mouthpiece in fluid communication with the
`heater; and
`a device body comprising:
`a cartridge receptacle configured to
`insertably receive the cartridge;
`a pressure sensor configured to output
`sensor readings, wherein a first side of the
`pressure sensor is exposed to a sealed air
`flow path and a second side of the pressure
`sensor is exposed to a device air path open
`to ambient pressure,
`the sealed air flow path comprising a
`channel formed between an interior
`surface of the cartridge receptacle and an
`exterior surface of the cartridge, the
`sealed air flow path passing from an air
`inlet, through the channel and to the
`heater and an outlet in the mouthpiece
`of the cartridge; and
`a gasket around the pressure sensor, the
`gasket configured to seal the device air
`path from the sealed air flow path.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`[0076] When draw on the device causing air to enter the air inlet channel 788 through the
`air inlet aperture 789 causes a pressure drop, such pressure drop is communicated to the
`cavity 725. The matched configuration of the cavity 725 and the projection 741 preferably
`does not substantially form an air tight connection therebetween. Thus, the pressure drop
`in the cavity 725 is likewise communicated to the pressure channel 785 from the first end
`785 a to the second end 785 b and thus the pressure reduction space 783.
`
`23
`
`Petition at 13-15, 40-44, 48; Reply at 2-3
`
`NJOY Exhibit 1053.023
`NJOY v. Juul
`IPR2024-00231
`
`
`
`1
`
`102: Worm (claims 14, 27)
`
`Sealing Member
`
`27. A vaporizer device comprising:
`a cartridge comprising a reservoir configured to
`hold a vaporizable material, a heater configured
`to heat the vaporizable material, and a
`mouthpiece in fluid communication with the
`heater; and
`a device body comprising:
`a cartridge receptacle configured to
`insertably receive the cartridge;
`a pressure sensor configured to output
`sensor readings, wherein a first side of the
`pressure sensor is exposed to a sealed air
`flow path and a second side of the pressure
`sensor is exposed to a device air path open
`to ambient pressure,
`the sealed air flow path comprising a
`channel formed between an interior surface
`of the cartridge receptacle and an exterior
`surface of the cartridge, the sealed air flow
`path passing from an air inlet, through the
`channel and to the heater and an outlet in
`the mouthpiece of the cartridge; and
`a gasket around the pressure sensor, the
`gasket configured to seal the device air
`path from the sealed air flow path.
`
`[0064] . . . For example, the sealing
`member can comprise a silicone
`rubber or like material. In some
`embodiments, the sealing member
`may be a cup seal. The sealing
`member 380 can substantially
`surround the perimeter of the
`pressure sensor 308 and be in a
`sealing contact therewith.
`
`FIG. 5
`
`FIG. 7
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`24
`
`Petition at 13-15, 45-46, 48; Reply at 2-3
`
`NJOY Exhibit 1053.024
`NJOY v. Juul
`IPR2024-00231
`
`
`
`102: Worm (claim 32)
`
`1
`32. The vaporizer device of claim 27,
`wherein the cartridge comprises
`the vaporizable material, and
`wherein the vaporizable material
`comprises a nicotine formulation.
`
`Worm (EX1004)
`[0029] . . . Exemplary formulations for aerosol precursor materials that may
`be used according to the present disclosure are described in U.S. Pat. Pub.
`No. 2013/0008457 to Zheng et al. and U.S. patent application Ser. No.
`13/536,438 to Sebastian et al., filed Jun. 28, 2012, the disclosures of which
`are incorporated herein by reference in their entirety.
`
`Sebastian (EX1008)
`[0056] Further tobacco materials, such as a tobacco aroma oil, a tobacco
`essence, a spray dried tobacco extract, a freeze dried tobacco extract,
`tobacco dust, or the like can be combined with the vapor precursor or
`aerosol precursor composition . . . As such, exemplary preferred tobacco
`extracts possess less than 45 percent nicotine, often less than 35 percent
`nicotine, and frequently less than 25 percent nicotine, on the basis of the
`total extract weight with solvent removed (e.g., on a dry weight basis when
`the solvent is water).
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`25
`
`Petition at 49
`
`NJOY Exhibit 1053.025
`NJOY v. Juul
`IPR2024-00231
`
`
`
`2
`
`103: Worm + Knowledge of a POSA
`POSA would be motivated to have air inlets at the periphery
`
`Petitioner’s Expert
`However, for embodiments in which the air
`inlet apertures and the air inlet channel 788
`are not used, ambient air enters through the
`periphery at the interface connection
`because it is the only source of ambient air
`in Worm, as shown in Figure 7. Otherwise, a
`vacuum would be created in the device
`rendering the device nonfunctional if there
`are no external air sources when a smoker
`draws on the device.
`EX1003 at ¶158
`
`PO Expert Deposition
`
`EX1040 at 105:7-15
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`26
`
`Petition at 50-51; Reply at 16-17
`
`NJOY Exhibit 1053.026
`NJOY v. Juul
`IPR2024-00231
`
`
`
`2
`
`103: Worm + Knowledge of a POSA
`POSA knows how to size the channel to achieve desired airflow
`PO Expert Deposition
`‘123 Patent, Figure 10
`Q. … [A]re you able to determine what the draw resistance is based on
`the disclosure of the ‘123 patent?
`A.
`You can’t -- you don’t take these -- these are not engineering
`drawings. They’re illustrations so a person of ordinary skill in the art would
`know to modify the size of those passages to create a resistance that is --
`results in a pleasant use cigarette, e-cigarette.
`***
`Q. Okay. And with respect to the device that’s described in the ‘123
`patent, a person of ordinary skill in the art would have to figure out how
`to size the passages we just talked about to achieve whatever draw
`resistance they wanted, right?
`A.
`Yeah, they would, but it’s a pretty straightforward analysis when
`you’ve got fixed geometries. Certainly if the geometries weren’t fixed or
`variable, then that would be -- that would be a challenge because it would
`change from time to time. But here, all the channels are mechanically set.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`27
`
`EX1040 at 42:2-43:7
`
`Reply at 15, 17
`
`NJOY Exhibit 1053.027
`NJOY v. Juul
`IPR2024-00231
`
`
`
`3
`
`103: Worm in view of Levitz
`Worm teaches non-airtight gap at the cartridge/control body interface
`Worm (EX1004)
`Institution Decision
`[0076] When draw on the device causing air to enter the air inlet
`channel 788 through the air inlet aperture 789 causes a pressure drop,
`such pressure drop is communicated to the cavity 725. The matched
`configuration of the cavity 725 and the projection 741 preferably does
`not substantially form an air tight connection therebetween.
`
`Paper No. 15 at 32
`
`FIG. 7
`
`Petition at 56, 60; Reply at 7
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`28
`
`NJOY Exhibit 1053.028
`NJOY v. Juul
`IPR2024-00231
`
`
`
`3
`
`103: Worm in view of Levitz
`Levitz teaches airflow from the periphery of the device between the battery and cartridge
`Levitz (EX1010)
`
`Institution Decision
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`29
`
`Petition at 52-53
`
`Paper No. 15 at 32
`
`NJOY Exhibit 1053.029
`NJOY v. Juul
`IPR2024-00231
`
`
`
`3
`
`103: Worm in view of Levitz
`Proposed Modification of Worm in View of Levitz
`
`Petition at 56
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`30
`
`Petition at 56; EX1003 at ¶¶168-169
`
`NJOY Exhibit 1053.030
`NJOY v. Juul
`IPR2024-00231
`
`
`
`3
`
`103: Worm in view of Levitz
`Motivations to Combine
`• Provides additional pathway for vapor
`backflow to exit rather than into the
`pressure reduction space of the control
`body
`• Air channel is exposed when cartridge and
`control body are separated, which allows
`for cleaning of built-up residue
`• Multiple air inlets allows device to function
`if an air inlet is clogged or blocked
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Petition at 58-59; EX1003 at ¶¶172-173; Reply at 20-21; EX1043 at ¶¶52-53; EX1040 at 105:2-16
`31
`
`NJOY Exhibit 1053.031
`NJOY v. Juul
`IPR2024-00231
`
`
`
`103: Worm in view of Levitz
`O’s Argument: “This is because Levitz expressly teaches that this Figure 16 embodiment has backflow issues,
`which is in direct opposition to Petitioner’s motivation to ‘include[] additional pathways for any vapor that
`backflows.’” (POR at 8)
`
`3 P
`
`Levitz backflow in Figure 16 is due
`to the direct alignment between
`the pressure reduction channel
`and the cartridge air flow path
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`32
`
`Reply at 21; EX1043 at ¶¶50, 55; EX1040 at 88:21-90:5, 91:2-11
`
`NJOY Exhibit 1053.032
`NJOY v. Juul
`IPR2024-00231
`
`
`
`3
`
`103: Worm in view of Levitz
`PO’s Argument: “Instead Levitz provides a different embodiment in Figures 17 and 18 that is ‘designed to
`minimize this problem.’” (POR at 9)
`
`Figure 18 does not have direct
`alignment between the pressure
`reduction space and the cartridge air
`flow path, and minimizes backflow
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`33
`
`Reply at 21; EX1043 at ¶¶51, 55
`
`NJOY Exhibit 1053.033
`NJOY v. Juul
`IPR2024-00231
`
`
`
`3
`
`103: Worm in view of Levitz
`PO’s argument does not address the proposed combination of Worm and Levitz
`
`The Worm + Levitz combination does not have
`direct alignment between the pressure reduction
`channel and the cartridge airflow path
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`34
`
`Reply at 21; EX1043 at ¶¶51-52, 55
`
`NJOY Exhibit 1053.034
`NJOY v. Juul
`IPR2024-00231
`
`
`
`103: Worm in view of Levitz
`O’s Argument: “Petitioner’s reasons for modifying Worm are redundant . . . [a POSITA] would have no reason
`to make such modifications given Worm’s express disclosure of an air inlet path.” (POR at 12-13)
`
`3 P
`
`PO Expert Deposition
`
`EX1040 at 103:17-21
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`35
`
`EX1040 at 105:7-16
`
`Reply at 20
`
`NJOY Exhibit 1053.035
`NJOY v. Juul
`IPR2024-00231
`
`
`
`103: Worm in view of Levitz
`O’s Argument: “Worm already solves the backflow problem as discussed above, so Petitioner’s argument is
`based on a false premise.” (POR at 15)
`
`
`3 P
`
`Worm (EX1004)
`[0005] The control body particularly can include an electronic circuit board
`therein that is configured for improved functioning of the device. For
`example, in some embodiments, the electronic circuit board is in an
`orientation that provides for improved communication between a pressure
`sensor and drawn air entering the device. This can incorporate a coupler
`element that includes an exterior opening that allows external air to enter
`the device and a pressure channel that communicates a pressure drop
`caused by the drawn air to an isolated segment of the device that includes a
`portion of the pressure sensor. Such coupler can particularly be useful to
`reduce or prevent passage of liquid from an attached cartridge through the
`coupler and into the control body and thus reduce or prevent contamination
`of the sensor or other electronic elements present in the control body.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`36
`
`Reply at 20
`
`NJOY Exhibit 1053.036
`NJOY v. Juul
`IPR2024-00231
`
`
`
`4
`
`103: Thorens in view of Weigensberg
`Thorens cartridge
`
`27. A vaporizer device comprising:
`a cartridge comprising a reservoir
`configured to hold a vaporizable material, a
`heater configured to heat the vaporizable
`material, and a mouthpiece in fluid
`communication with the heater; and
`a device body comprising:
`a cartridge receptacle configured to
`insertably receive the cartridge;
`a pressure sensor configured to output
`sensor readings, wherein a first side of the
`pressure sensor is exposed to a sealed air
`flow path and a second side of the pressure
`sensor is exposed to a device air path open
`to ambient pressure,
`the sealed air flow path comprising a
`channel formed between an interior
`surface of the cartridge receptacle and an
`exterior surface of the cartridge, the
`sealed air flow path passing from an air
`inlet, through the channel and to the
`heater and an outlet in the mouthpiece
`of the cartridge; and
`a gasket around the pressure sensor, the
`gasket configured to seal the device air
`path from the sealed air flow path.
`
`Thorens cartridge inserted into receptacle of device body
`
`Petition at 22-23, 70-71, 78-80
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`37
`
`NJOY Exhibit 1053.037
`NJOY v. Juul
`IPR2024-00231
`
`
`
`4
`
`103: Thorens in view of Weigensberg
`
`27. A vaporizer device comprising:
`a cartridge comprising a reservoir configured to
`hold a vaporizable material, a heater configured
`to heat the vaporizable material, and a
`mouthpiece in fluid communication with the
`heater; and
`a device body comprising:
`a cartridge receptacle configured to
`insertably receive the cartridge;
`a pressure sensor configured to output
`sensor readings, wherein a first side of
`the pressure sensor is exposed to a
`sealed air flow path and a second side of
`the pressure sensor is exposed to a
`device air path open to ambient pressure,
`the sealed air flow path comprising a
`channel formed between an interior surface
`of the cartridge receptacle and an exterior
`surface of the cartridge, the sealed air flow
`path passing from an air inlet, through the
`channel and to the heater and an outlet in
`the mouthpiece of the c
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