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 .
Response to Amendment
This Office Action is in response to the Applicant’s amendment filed on February 2, 2026. Claim 1 has been amended. Claims 2-4 and 8 have been canceled.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on claim interpretations applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
As to pages 7-8 of the Applicant’s arguments, Applicant argues that Gruenbacher fails to disclose the wick assembly is a single-piece structure. However, the claims do not define that the wick assembly is a single-piece structure. Accordingly, the Examiner respectfully disagrees the Applicant’s argument. The rupture element 144 in conjunction with the compressible material 164 and the wick 170 of Gruenbacher still would read on the limitation “wick assembly”. Therefore, the argument is not persuasive and the rejection is maintained.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1 recites “said wick assembly defining a base, from which said projection projects, and lateral extensions.” It appears there is a grammar error in describing lateral extensions. It is suggested to amend to -said wick assembly defining a base, from which said projection projects, and lateral extensions extend-. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: Claim 6 recites “the side wall of said base element.” It is suggested to amend to -a side wall of said base element-. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 5, 6, 7, and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 7, each recites the limitation "the fixing piece" in line 12. There is insufficient antecedent basis for this limitation in the claim. It appears that the limitation refers to “clamp”. Therefore, it is suggested to amend the limitation to -the clamp-.
Claims 5-7 and 9 are also rejected under 112(b) because of dependency on claim 1.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 5-7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gruenbacher et al. (WO 2010/121039 A2).
With regard to claim 1, Gruenbacher discloses a device for diffusing volatile substances (Fig. 15), comprising:
a container (38) containing a liquid with said volatile substances,
a base element (32/134) that closes said container (Fig. 15), and
a wick assembly (144/164/170) that is impregnated with said volatile substances (Fig. 14), wherein the wick assembly (144/164/170) is fixed in a removable manner to said base element (134, see Fig. 15) and comprises a projection (158);
said wick assembly (144/164/170) defines a base (170), from which said projection (158) projects (see Fig. 14), and lateral extensions (see annotated figure below);
wherein the projection (158) is connected to the base (170) by a clamp (20/24 “cam”, connection between 158 and 170 is shown in Fig. 14), which affixes, in a removable manner (as shown in Fig. 15), the wick assembly (144/164/170) to the base element (134, Fig. 14);
wherein the projection (158) is configured to activate the opening of a valve (42) of said container; wherein the base element (134) comprises a housing (Fig. 14) which houses the lower part of the fixing piece (24); and wherein the base (170) and lateral extensions (see annotated figure below) are configured to be impregnated with said volatile substances (Fig. 4).
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With regard to claim 5, the device of Gruenbacher discloses the invention as disclosed in the rejection of claim 1 above. Gruenbacher further discloses that said base element (134) comprises a plurality of evaporation holes (116/118).
With regard to claim 6, the device of Gruenbacher discloses the invention as disclosed in the rejection of claim 5 above. Gruenbacher further discloses that said evaporation holes (118) are arranged on the side wall of said base element (32/134).
With regard to claim 7, the device of Gruenbacher discloses the invention as disclosed in the rejection of claim 1 above. Gruenbacher further discloses that fixing piece (24) housed within the housing of the base element (32/134) is removably fixed (Fig. 15).
With regard to claim 9, the device of Gruenbacher discloses the invention as disclosed in the rejection of claim 1 above. Gruenbacher further discloses that each side of the lateral extensions (see annotated figure above) extend outwards from a perimeter of the base (170) at an angle (at a zero degree angle).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL ZHOU whose telephone number is (571)270-1163. The examiner can normally be reached Mon-Fri 9AM-5PM.
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JOEL . ZHOU
Primary Examiner
Art Unit 3752
/QINGZHANG ZHOU/Primary Examiner, Art Unit 3752