DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statemen
Applicant should note that the large number of references in the attached IDS have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is requested to point out any particular reference in the IDS which they believe may be of particular relevance to the instant claimed invention in response to this office action.
Restriction/Election
Applicant’s election of claims 20, 21, 25-27, 29, 30, 32 drawn to Group II in the reply filed on 05/04/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)).
Claims 1-3, 9, 11-14, 16, 18, 37 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/04/2026.
Specification
The disclosure is objected to because of the following informalities:
“…In some example embodiments, sensors 480 include one or more sensor physically on the user…” in page 10 lines 10-11 needs to be corrected. A suggested correction is --In some example embodiments, sensors 480 include one or more sensor arranged physically on the user--.
“FIG. 2 is a simplified flow chart of an example method detect and/or treat a respiratory conditions with odor stimulation in accordance with some example embodiments” on page 12 lines 3-4 needs to be corrected. A suggested correction is --FIG. 2 is a simplified flow chart of an example method to detect and/or treat a respiratory conditions with odor stimulation in accordance with some example embodiments--.
“Optionally, one or more parameters of the odor stimulation provided by device 100 is defined based on the detection and/or the predication” on page 10 lines 24-25 needs to be corrected. A suggested correction is --Optionally, one or more parameters of the odor stimulation provided by device 100 is defined based on the detection and/or the predic[[a]]tion--.
Appropriate correction is required.
Claim Objections
Following claims are objected to because of the following informalities:
Claim 26 “The device of claim 25, the processor is configured to identify occurrences of tachypnea” needs to be corrected to -- The device of claim 25, wherein the processor is configured to identify occurrences of tachypnea--.
Claim 27 “The device of claim 25, the processor is configured to identify breathing pattern associated with COVID-19” needs to be corrected to -- The device of claim 25, wherein the processor is configured to identify breathing pattern associated with COVID-19--.
Claim 29 “an array of cartridges, each including an odor in dry format; and an array of valves, each valve in the array is dedicated to controlling flow out of a cartridge in the array of cartridge” needs to be corrected. A suggested correction is --an array of cartridges, each respective cartridge including an odor in dry format; and an array of valves, each respective valve in the array is dedicated to controlling flow out of [[a]]the respective cartridge in the array of cartridge --.
Claim 32 “wherein the odor in the at least one cartridge is granules on which an odorant is suspended” needs to be corrected. A suggested correction is -- wherein the odor in the at least one cartridge is in the form of granules on which an odorant is suspended—or -- wherein the odor in the at least one cartridge is formed on granules on which an odorant is suspended--.
Claim 20, 27 includes acronyms/abbreviations. At least first occurrence of each acronym/abbreviation should be spelled out in full.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 20, 21, 25-27, 29, 30, 32 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claim 20 in line 9 recites “a processor configured to provide input to the controller based on sensed breathing parameters” which renders this unclear. More specifically, claim 21 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: the structure that senses or generates the sensed breathing pattern such as a radar sensor, breathing sensor. Dependent claims 25-27, 29, 30, 32 when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 112(b) because the additional recited limitations fail to cure the 35 U.S.C. 112(b) issue in their respective base claims. Consequently, dependent claims 25-27, 29, 30, 32 are also rejected under 35 U.S.C. 112(b) based on their direct/indirect dependency on their respective base claims. Examiner suggests merging claim 21 subject-matter into claim 21 to cure this noted issue.
Claim 21 recites “the controller is configured to actuate the dispensing” which appears contradictory or unclear in light of claim 20 line 7 recitation “an actuator configured to actuate the dispensing through the nozzle” i.e. does the controller actuate the dispensing or does actuator actuate the dispensing or does the controller via the actuator actuate the dispensing.
Claim 25 recites “abnormal breathing pattern” which renders this claim unclear. More specifically, it is unclear as to how “abnormal” breathing pattern is defined in the context used or what metric or population is used to define/determine breathing pattern is abnormal i.e. is it a predetermined threshold, algorithmically predicted by a machine, based on population metrics, sensor determined or something else.
Claim 27 recites “identify breathing pattern associated with COVID-19” which renders this claim unclear. More specifically, in the absence of any recitation of what is the distinguishing or characteristic breathing pattern associated with COVID-19 in the context used, it is unclear as how the breathing pattern associated with COVID-19 is even identified or identifiable. Additionally, the specification does not provide a standard for ascertaining the requisite breathing pattern associated with COVID-19 that needs to be identified, and thus, one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 29 recites “an array of cartridges” which renders this claim unclear. More specifically, it is unclear as to whether claim 29 line 2 “array of cartridges” includes claim 20 line 20 “at least one cartridge” or whether claim 29 recites “an array of cartridges” is in addition to claim 20 line 20 “at least one cartridge”.
Claim 29 recites “an array of valves, each valve in the array is dedicated to controlling flow out of a cartridge in the array of cartridge” which renders this claim unclear. More specifically, it is unclear as to whether the ratio of valve to cartridge is 1:1 or some other ration i.e. can one cartridge have 2 valves or can more than one cartridge such as 2 cartridges share one valve or similar such other permutations and/or combinations.
Claim 29 in line 3 recites “an odor” which renders this claim unclear. More specifically, it is unclear as to whether claim 29 line 3 “an odor” is the same as, different than or in addition to claim 20 line 3 “an odor”.
Claim 29 in line 5-6 recites “the controller is configured to dynamically select an odor from the array of cartridges” which renders this claim unclear. More specifically, it is unclear as to the controller is configured to dynamically select an odor from the array of cartridges based on what parameters, criteria or conditions or measurements i.e. it is unclear as to the dynamic selection of an odor is based on what parameters or criteria or conditions or measurements.
Claim 30 in line 3 recites “an odor” which renders this claim unclear. More specifically, it is unclear as to whether claim 30 line 3 “an odor” is the same as, different than or in addition to claim 20 line 3 “an odor” and if different in what way the two differ.
Dependent claims 20, 21, 25-27, 29, 30, 32 when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 112(b) because the additional recited limitations fail to cure the 35 U.S.C. 112(b) issue in their respective base claims. Consequently, dependent claims 20, 21, 25-27, 29, 30, 32 are also rejected under 35 U.S.C. 112(b) based on their direct/indirect dependency on their respective base claims.
Claim Rejections - 35 USC § 112 (d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 30 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. More specifically, claim 30 is rejected under 35 U.S.C. 112(d) as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends as base claim 30 does not recite “clean air cartridge”. Examiner suggests amending claim 30 line 1 “The device of claim 20, comprising a clean air cartridge” to -- The device of claim 20, further comprising a clean air cartridge--.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Interpretation
Claims terms where relevant are being interpreted in light of definitions enumerated in instant application specification as-filed page 6 lines 1-9, page 8 lines 6-7, page 18 lines 1-12.
Please note that USPTO personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily). In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969). See also In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) ("During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow.... The reason is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed.... An essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.").
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 20, 21, 25-27, 29 are rejected under 35 U.S.C. 103 as being unpatentable over Arzi et al. (Pub. No.: US 20120272958 A1, hereinafter referred to as "Arzi").
As per independent Claim 20, Arzi discloses a device to selectively provide an odor stimulation (Arzi in at least abstract, fig. 1, [0002], [0054-0076], [0095-0098], [0102], [0105-0107], [0111], [0113], [0115-0116], [0121], [0123-0125], [0128-0130]. [0134-0136], [0140-0142], [0144-0145], [0150], [0154-0156], [0159], [0168], [0178-0182], [0193] for example discloses relevant subject-matter. More specifically, Arzi in at least fig. 1, abstract, [0068], [0071-0076] for example discloses device 100 to selectively provide an odor stimulation. See at least abstract “device for controlling respiration during sleep, the device comprising: an odor disperser …controller configured for controlling respiration of the user by instructing the odor dispenser to disperse an odor responsive to detections by the at least one detector”) comprising:
at least one cartridge including an odor in dry format (Arzi in at least fig. 1, [0123] for example discloses at least one cartridge represented by prior art capsule or can (see fig. 1) including an odor in dry format. See at least Arzi [0121] “odors in reservoir 105 are stored … in a capsule or can …odors are in solid form”; [0123] “Odor generator 110 is adapted to generate odorants from the odors in reservoir 105… odors are generated from molecules or blends of odorants in reservoir 105” );
a valve configured to selectively release the odor out of the at least one cartridge (Arzi in at least fig. 1, [0125] for example discloses a valve 115 configured to selectively release the odor out of the at least one cartridge. See at least Arzi [0125] “Odor generator 110 is connected to a nozzle 120 which releases the odors. Nozzle 120 is …connected to a regulator such as a valve … 115 for regulating the dose of odor dispersed.”);
a nozzle configured to dispense discrete doses of the odor from the at least one cartridge toward a user from a distance of 10 cm-3 m from the user (Arzi in at least fig. 1, [0125], [0128] for example a nozzle 120 configured to dispense discrete doses of the odor from the at least one cartridge toward a user from a distance of 10 cm or more which encompasses the recited 10 cm-3 m from the user. See at least Arzi [0125] “Odor generator 110 is connected to a nozzle 120 which releases the odors”; [0128] “the distance of nozzle 120 from the nose of the user is a function of odor dosage, i.e. if the nozzle is positioned 1 cm from the nose of the user, a smaller dose of odor is needed than when the nozzle is positioned further away, such as 10 cm or more from the nose of the user.”);
an actuator configured to actuate the dispensing through the nozzle (Arzi in at least fig. 1, [0125], [0130] for example discloses actuator 110 configured to actuate the dispensing through the nozzle 120. See at least Arzi [0125] “Odor generator 110 is connected to a nozzle 120 which releases the odors”;[0130] “Odor generator 110 and nozzle 120 are …connected to a controller 130. Controller 130 commands odor generator 110 to generate odors or a mix of odors and the dispersion of the generated odors by nozzle 120, …in order to control respiration of the user.”);
a controller configured to control the actuator (Arzi in at least fig. 1, [0130] for example discloses a controller 130 configured to control the actuator. See at least Arzi [0130] “Odor generator 110 and nozzle 120 are …connected to a controller 130. Controller 130 commands odor generator 110 to generate odors or a mix of odors and the dispersion of the generated odors by nozzle 120, …in order to control respiration of the user.”);
Arzi does not necessarily require sensed breathing parameters features in the applied embodiment.
However, Arzi discloses alternate embodiments that discloses a processor configured to provide input to the controller based on sensed breathing parameters (Arzi in at least fig. 1, [0129], [0193-0202] for example discloses a processor configured to provide input to the controller 130 based on sensed breathing parameters. See at least [0129] “Device 100 … comprises one or more detectors 140 for detecting physiological measurements and/or sleep characteristics… detector 140 detects the volume of breathing, such as shallow or deep breathings… detector 140 is a breathing sensor which senses respiratory movements…Other detectors known in the art may also be used. Optionally, device 100 includes a plurality of detectors of different types.”; [0193] “Physiological measurements were recorded using a Power-Lab 16SP Monitoring System (ADInstruments) running off a … computer “).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device to selectively provide an odor stimulation as taught by Arzi , by further including processor configured to provide input to the controller based on sensed breathing parameters, as also taught by Arzi . A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of customizing odor generation and dispersion responsive to respiration of the user by determining effects of odorants on breath parameters of the user (Arzi, [0130], [0202]). (Arzi , [0048]).
As per dependent Claim 21, Arzi as a whole further discloses device wherein the controller is configured to actuate the dispensing based on output from a sensor sensing a breathing related parameter (Arzi in at least fig. 1, [0129-0130], [0135] for example discloses controller 130 is configured to actuate the dispensing based on output from a sensor 140 sensing a breathing related parameter. See at least Arzi [0130] “Controller 130 commands odor generator 110 to generate odors or a mix of odors and the dispersion of the generated odors by nozzle 120, …in order to control respiration of the user.”).
As per dependent Claim 25, Arzi as a whole further discloses device wherein the processor is configured to identify occurrences of an abnormal breathing pattern (Arzi in at least fig. 1, [0129], [0193] for example discloses processor is configured to identify occurrences of an abnormal breathing pattern such as un-normal breathing event, for example breathing suspensions or snoring, shallow or deep breathings. see at “detectors 140 for detecting physiological measurements and/or sleep characteristics. In some embodiments, detector 140 detects sounds, such as sounds from the throat or the nasal which may indicate snoring or choking at certain noise levels… detector 140 monitors breathing sounds… device may thereby detect, any case of un-normal breathing event, for example breathing suspensions or snoring…detector 140 detects the volume of breathing, such as shallow or deep breathings.”) and wherein the controller is configured to transmit a report of the abnormal breathing pattern (Arzi in at least [0150], [0154], [0156] for example discloses controller is configured to transmit data which would encompass data recited such as report/occurrence of the abnormal breathing pattern. Here, prior art “call for … ambulance when necessary” is representative of “transmit a report of the abnormal breathing pattern” when broadly yet reasonably interpreted. See Arzi [0150] “Controller 130 may be further connected to a communication unit 150…upon activation of device 100, the user is logging in at a practitioner or medical center using communication unit 150, for monitoring respiration and/or odor affect on the sleeper… connection by communication unit 150 may call for a physician or ambulance when necessary.”; [0156] “some of detectors 140 are positioned in unit 125, while other detectors are separately provided… sound detector may be positioned near the nose of the sleeper while a respiratory movement detector will be positioned beneath the mattress or bed sheet”).
As per dependent Claim 26, Arzi as a whole further discloses device the processor is configured to identify occurrences of tachypnea (Arzi in at least [0054], [0129], [0135], [0137] for example discloses identify occurrences of apnea which encompasses the recited tachypnea. see at least Arzi [0054] “respiration is controlled by repeated dispersion of odors. In some embodiments, respiration is controlled in a manner which thereby stops or prevents snoring and/or an apnea event”; [0129] “device may thereby detect, any case of un-normal breathing event, for example breathing suspensions or snoring… detector 140 detects the volume of breathing, such as shallow or deep breathings” ; [0135] “detection of no breathing sounds may indicate an apnea event which can also be treated by dispersion of odors”; [0137] “controller receives inputs of the respiratory status of the user and instructs dispersion in response. For example, to treat an apnea event, to treat snoring or choking, etc. “).
As per dependent Claim 27, Arzi as a whole further discloses the device the processor is configured to identify breathing pattern associated with COVID-19 (Arzi in at least [0129], [0135] for example discloses identify breathing pattern associated with COVID-19. See Arzi [0129] “device may thereby detect, any case of un-normal breathing event, for example breathing suspensions or snoring… detector 140 detects the volume of breathing, such as shallow or deep breathings”; [0135] “controller may instruct odor dispersion so as to maintain respiration within a range, for example a range of breathings within a time period or range of volume of breathings…detectors 140 may detect number of breathings of the user and when the breathings are out or almost out of the range, controller 130 may instruct odor dispersion, i.e. shallow breath will increase the number of breaths in the range while deep breaths will decrease them.”).
As per dependent Claim 29, Arzi as a whole further discloses the device comprising:
an array of cartridges, each including an odor in dry format (Arzi in at least fig. 1, [0121], [0123] for example discloses an array of cartridges/capsules or cans, each including an odor in dry format. See at least Arzi [0121] “odors in reservoir 105 are stored … in a capsule or can …odors are in solid form”; [0123] “Odor generator 110 is adapted to generate odorants from the odors in reservoir 105… odors are generated from molecules or blends of odorants in reservoir 105”); and
an array of valves, each valve in the array is dedicated to controlling flow out of a cartridge in the array of cartridge (Arzi in at least [0123-0124] for example discloses an array of valves, each valve in the array is dedicated to controlling flow out of a cartridge in the array of cartridge. See at least Arzi [0123] “Odor generator 110 is adapted to generate odorants from the odors in reservoir 105…each odorant in reservoir 105 is connected by a tube … each tube also includes a valve … controllable by controller 130… for regulating the desired dose of odorant. Different doses may be used for each odorant”),
wherein the controller is configured to dynamically select an odor from the array of cartridges (Arzi in at least [0123-0124], [0126], [0130] for example discloses the controller is configured to dynamically select an odor from the array of cartridges. see at least Arzi [0123] “each tube also includes a valve … controllable by controller 130… for regulating the desired dose of odorant. Different doses may be used for each odorant”; [0126] “odor onset is designed to provide a change in odor concentration and to be sensed by the sleeper and … affects a respiratory pattern.”; [0130] “Odor generator 110 and nozzle 120 are …connected to a controller 130. Controller 130 commands odor generator 110 to generate odors or a mix of odors and the dispersion of the generated odors by nozzle 120, …in order to control respiration of the user”).
Claims 30, 32 are rejected under 35 U.S.C. 103 as being unpatentable over Arzi in view of Kelsen; Keith (Pub. No.: US 20170216474 A1, hereinafter referred to as “Kelsen”).
As per dependent Claim 30, Arzi discloses device comprising a cartridge configured to dispense combination of clean air and odorant (Arzi in at least [0159] for example discloses cartridge configured to dispense combination of clean air and odorant such as an air puff or combination of air and odorant via odorant embedded in the airflow during dispersion. [0159] “odorant is …dispersed as an air puff… device 100 continuously …blows air and a block of odorant is embedded in the airflow when dispersion is instructed”).
Arzi does not explicitly disclose clean air cartridge configured to dispense clean air feature.
However, in an analogous device to selectively provide an odor stimulation field of endeavor, Kelsen discloses a device to selectively provide an odor stimulation (Kelsen in at least fig. 13, fig. 16-17, fig. 20-23, fig. 31, [0002-0003], [0007], [0042], [0061], [0063], [0068-0069], [0075] for example discloses relevant subject-matter. More specifically, Kelsen in at least fig. 16, fig. 31, [0002] for example discloses device to selectively provide an odor stimulation. See at least Kelsen [0002] “device and system for creating an aroma experience for users”; [0003] “fragrance systems provide aromas, which can elicit various emotional feelings that can improve moods and increase feelings of happiness”; [0007] “digital aroma system … selectively direct air to the target fragrance cartridge. When a desired fragrance signal or trigger is detected, the processor can direct fresh air through the air inlet to the target fragrance cartridge … the processor may direct fresh air through the scent outlet after each fragrance output by the system”)
a clean air cartridge configured to dispense clean air, the clean air is configured to dissipate an odor that was previously dispensed (Kelsen in at least [0007] for example discloses a cartridge configured to assume a configuration that dispenses clean air, the clean air being configured to dissipate an odor that was previously dispensed. See Kelsen [0007] “digital aroma system …processor can be programmed to flush the scent outlet of the manifold periodically with fresh air … processor may direct fresh air through the scent outlet after each fragrance output by the system”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify cartridge used in the device to selectively provide an odor stimulation as taught by Arzi , such that cartridge is also configured to dispense clean air, as taught by Kelsen. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage that subsequently dispersed fragrances are not mixed or contaminated (Kelsen, [0007]).
As per dependent Claim 32, Arzi discloses device of claim 20 (see claim 20 analysis), wherein the odor in the at least one cartridge is solid form on which an odorant is suspended (Arzi in at least fig. 1, [0121] for example discloses odor in the at least one cartridge is granules/solid form on which an odorant is suspended. See at least Arzi [0121] “odors in reservoir 105 are stored … in a capsule or can …odors are in solid form”).
Arzi does not explicitly disclose odor is in granule form.
However, in an analogous device to selectively provide an odor stimulation field of endeavor, Kelsen discloses a device to selectively provide an odor stimulation (Kelsen in at least fig. 13, fig. 16-17, fig. 20-23, fig. 31, [0002-0003], [0007], [0042], [0061], [0063], [0068-0069], [0075] for example discloses relevant subject-matter. More specifically, Kelsen in at least fig. 16, fig. 31, [0002] for example discloses device to selectively provide an odor stimulation. See at least Kelsen [0002] “device and system for creating an aroma experience for users”; [0003] “fragrance systems provide aromas, which can elicit various emotional feelings that can improve moods and increase feelings of happiness”; [0007] “digital aroma system … selectively direct air to the target fragrance cartridge. When a desired fragrance signal or trigger is detected, the processor can direct fresh air through the air inlet to the target fragrance cartridge … the processor may direct fresh air through the scent outlet after each fragrance output by the system”)
wherein the odor in the at least one cartridge is granules on which an odorant is suspended (Kelsen in at least fig. 16, fig. 31, [0042], [0075] for example discloses the odor in the at least one cartridge 101 is granules on which an odorant is suspended. See at least [0042] “fragrance cartridge 101 … upper housing 107 can be filled with a plurality of substrates 113 that are infused with a dry fragrance… substrates 113 can be spherical balls or other three dimensional objects”; [0075] “aroma system uses fragrance cartridges which have dry beaded sealed units… fragrance is from dry particles which are infused into substrates such as beads”; claim 41 “clean air is transmitted through the manifold for a predetermined period of time after each transmission of the dry fragrances from the plurality of fragrance cartridges to the scent outlet”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify solid form odorant used in the device to selectively provide an odor stimulation as taught by Arzi , such that the solid form odorant is in the form of granules, as taught by Kelsen. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of ensuring there is no lingering aroma effect and no volatile organic compounds lingering in the microenvironment of the user (Kelsen, [0075]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and/or the claims.
Prior art US 20050046049 A1 to Watkins et al. for disclosing methods and systems for the controlled delivery of scented aerosols to a localized target similar to that disclosed. More specifically, Watkins discloses systems and methods for delivering a controlled amount of scent to a target user via carefully direct boluses or streams of scent(s) to a individual(s) using a bolus generator. The scented air ring moves through the air between the scent generating device directly to the user as a cohesive unit of air. The scent ring can be directed with accuracy to a localized target as small as the nose of a single user, such that the entire dosage can be delivered to only the user's direct vicinity. Such targeted delivery minimizes the amount of scent that must be delivered to achieve a desired level of scenting at the target location. The amount of scent that must be removed or dissipated from the user's area is also reduced. The deice also provides anti contamination devices that inhibit the contamination of the sequential delivery of scent chemicals.
Prior art US 20130190556 A1 to Wetmore et al. for disclosing systems and methods that enhance human brain during sleep similar to that disclosed. More specifically, Wetmore discloses devices, systems and methods to modify cognitive function by delivering a sensory stimulus paired with learned material at opportune physiological periods during sleep. A machine (e.g., a system or device) may be used to identify opportune periods of the sleep cycle and to deliver a stimulus during specific phases of the sleep cycle to facilitate or interrupt memory consolidation.
Prior art US 20150048178 A1 to Edwards et al disclose olfactory sensations to one or more users via a controlled system similar to that disclosed. More specifically, Edwards discloses system to provide scents that includes a scent receiver to replaceably receive scent carriers that carry scent media, a scent actuator operable to controllable release scent, and a configurable circulation subsystem.
Prior art US 6467477 B1 to Frank et al. discloses a system and method in which the level of therapeutic treatment incrementally transitions between two predetermined levels by a predetermined amount over successive patient breathing cycles similar to that disclosed. More specifically, Frank discloses system and method for providing a therapeutic treatment, such as a flow of breathing gas, to a patient at variable treatment levels. A respiratory cycle monitor detects the patient's respiratory cycles and a control unit incrementally adjusts the treatment level from a first predetermined level to a second predetermined level over a first predetermined number of respiratory cycles. The amount of the incremental adjustment and the frequency of such adjustments over the course of the first predetermined number of respiratory cycles can be controlled to achieve a desired change in the therapeutic treatment over the course of the patient's respiration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA REDDY whose telephone number is (571)270-5151. The examiner can normally be reached on M-Thu 10-4 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES A MARMOR II can be reached on (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNITA REDDY/Primary Examiner, Art Unit 3791
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