Does this US Patent Application mean that no one else can manufacture or sell electronic cigarettes with vitamins in them?

I was thinking vitamins combined with e-cigarettes would be a great idea for a great start up company and I couldn't really find any out there. Is it because of this patent application?

Patent: US20100200008

Title: E-Cigarette With Vitamin Infusion

First claim:

  1. An electronic cigarette comprising:

    • a main elongated cylindrical body for enclosing said electronic cigarette, said body having an anterior and distal end;

    • a cartridge, having atomization means, and a liquid supplying bottle wherein liquid in said liquid supplying bottle is in contact with said atomization means;

    • a power source having a smart chip, control panel and a lithium ion rechargeable battery for transferring heat to said liquid in said liquid supplying bottle;

    • an IC switch for releasing a signal to activate and deactivate said power source; and

    • an LED indicator light positioned at said distal end for simulating the tip of a traditionally lit cigarette when said power source is activated.


This is a patent application, as the questioner says. Patent applications provide no enforceable rights, only a granted and issued patent give its owner any rights to try to stop someone from doing something. I looked this application up in the USPTO Public PAIR database and see that it has gone abandoned for lack of a response to an Office Action from the USPTO. The primary rejection was:

Claims 1-8 are rejected under 35 U.S.C. 103(a) as being unpatentable over Hon (US 2007/026731

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