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 amendment filed on 04/10/2026. As directed by the amendment, claims 1-25 have been cancelled and claims 26-45 have been added. As such, claims 26-45 are pending in the instant application.
Response to Arguments
Applicant's arguments, see pages 10-15 of Remarks, filed 04/10/2026, pertaining to the new limitations have been noted. However, a new ground(s) of rejection has been
provided below to address the new claims.
Claim Objections
Claim(s) 27 and 36 are objected to because of the following informalities:
Claim 27, lines 2-3, recites “…an inhalation tube connected at a first end of the inhalation tube to the distributor…” but should recite “…a vent connected at a first end of the inhalation tube to the distributor” as best understood from [00037] of applicant’s specification.
Claim 36, lines 2-3, recites “…an inhalation tube connected at a first end of the inhalation tube to the distributor…” but should recite “…a vent connected at a first end of the inhalation tube to the distributor” as best understood from [00037] of applicant’s specification.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The term “inhalation member” of claim(s) 28 and 37 invoke 112(f). The specification cites “Types of devices that may be used as an inhalation member 410C include, but are not limited to, pipes, mouthpieces, and masks (see [00037]).” For examination purposes, as best understood, the term “inhalation member” refers to pipes, mouthpieces, or masks.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 44 and 45 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim(s) 44 and 45 recites “…wherein the first atomizable liquid and the second atomizable liquid do not have medicinal properties” and “…wherein the different atomizable liquids do not have medicinal properties” respectively. Applicant’s Remarks filed 04/10/2026, points to [0003] in the specification for support for claims 44 and 45. However, [0003] recites “These botanical fluids and essences typically have medicinal and/or therapeutic properties in addition to their valuable aromas that can be used in combination to create desirable fragrances.” Furthermore, [0006] of applicant’s specification recites “…there is a need in the art for a system that both mixes and distributes botanical fluids and essences in a form that can be inhaled by a user so said user can benefit from the medical properties of the botanical fluids.” Therefore, claims 44 and 45 are not supported by the specification, and in fact, seems to teach away from what is written within the specification. As such, there is a lack of support within the original disclosure for the atomizable liquids not having medicinal properties.
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 (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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 26, 35 and 43-45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (US 20220288263 A1) in view of Young (US 20150174595 A1).
Regarding claim 26, Akiyama teaches a system (aromatic deodorizing device 10, see Figs. 1-3) for dispensing atomized liquids (Akiyama teaches the aromatic deodorizing device 10 to atomize and dispense liquid as seen in [0020]-[0023]), comprising:
a distributor (aromatic deodorizing device 10, see Figs. 1-3) comprising a casing (casing 11, see Fig. 1), a first cartridge (first spray cartridge 21, see Fig. 2) containing a first atomizable liquid (first aromatic deodorant C1 is stored in first tank 22 of first spray cartridge 21 as seen in Fig. 2 and [0023]), a second cartridge (second spray cartridge 31, see Fig. 2) containing a second atomizable liquid (second aromatic deodorant C2 is stored in second tank 32 of second spray cartridge 31), a manifold (air flow path 50, see Fig. 2; air flow path 50 comprises of first inner flow path 51, second inner flow path 52 and an outer flow path 53, wherein the outer flow path comprises of main flow path 54, first branch path 55 and second branch path 56 as seen in Fig. 2 and [0027]-[0028]), and an air supply (air pump 40, see Figs. 2-3), wherein the first cartridge, the second cartridge, and the manifold are contained within the casing (see Figs. 1-2 and [0021] and [0023]);
a processor (control unit 80, see Fig. 3) operably connected to the distributer and electrically connected to the manifold (Akiyama teaches a control unit 80 with a microcomputer as seen in [0038], wherein control unit 80 is operably connected aromatic deodorizing device 10 and electrically connected to air flow path 50 as seen in Fig. 3 and [0034] and [0041]-[0044]),
wherein:
the manifold comprises valves (switching mechanism 71, see Figs. 2-3) to control air flow through passageways of the manifold to the first cartridge and to the second cartridge (switching mechanism 71 includes first electromagnetic valve 71a and second electromagnetic valve 71b that is used to control the air supplied from air pump 40 through air flow path 50 to first spray cartridge 21 and second spray cartridge 31 as seen in Figs. 2-3 and [0034]-[0035]),
the first cartridge and the second cartridge are removably secured to the manifold (Akiyama teaches first spray cartridge 21 to be detachably attached to the inside of casing 11 and for the structure of second spray cartridge 31 to be the same as first spray cartridge 21 as seen in [0023] and [0025]. As such, Akiyama teaches the first spray cartridge 21 and second spray cartridge 31 to be removably attached to air flow path 50),
when air pushed by the air supply through the passageways and into the first cartridge collides with the first atomizable liquid, a first atomized liquid is formed and the first atomized liquid is propelled out of the first cartridge (Akiyama teaches air supplied from air pump 40 through air flow path 50 to the first spray cartridge 21, such that there is an atomized first aromatic deodorant C1 supplied to the indoor space through first supply port 12 as seen in Figs. 1-3 and [0021], [0035] and [0041]-[0042]),
when air pushed by the air supply through the passageways and into the second cartridge collides with the second atomizable liquid, a second atomized liquid is formed and the second atomized liquid is propelled out of the second cartridge (Akiyama teaches air supplied from air pump 40 through air flow path 50 to the second spray cartridge 31, such that there is an atomized second aromatic deodorant C2 supplied to the indoor space through second supply port 13 as seen in Figs. 1-3 and [0021], [0035] and [0043]-[0044]),
the first atomizable liquid and the second atomizable liquid are different (first atomized deodorant C1 is different than second aromatic deodorant C2 as seen in [0046]-[0047]).
But does not teach a computing device operably connected to the distributor; and
a processor operably connected to the computing device,
the first atomizable liquid comprises an essential oil or a botanical fluid,
the second atomizable liquid comprises an essential oil or a botanical fluid.
However, Young teaches a computing device operably connected to the distributor (diffuser 200, see Figs. 3-6) (Young teaches diffuser 200 to be connected with a computer network such that a user may control the system by accessing an application on an electronic device such as a computer as seen in [0041]); and
a processor (controller 240, see Fig. 6) operably connected to the computing device (Young teaches a controller 240 to receive input from a user via the user interface 242 to execute commands to the various components of the system 200 as seen in Figs. 3-6 and [0050]. Young further teaches diffuser 200 to be connected with a computer network such that a user may control the system by accessing an application on an electronic device such as a computer as seen in [0041]. Therefore, the electronic device such as a computer may be accessed by a user to send input to controller 240 to send commands to system 200).
Young further teaches a diffuser apparatus 200 including a liquid source 60 as seen in Fig. 6 and [0026]. Liquid source 60 may be a liquid vial containing an essential oil mixture as seen in [0045]-[0046]. Young further teaches diffuser to be connected with a computer network such that a user may control the system by accessing an application on an electronic device such as a computer as seen in [0041].
Akiyama teaches an aromatic deodorizing device configured to generate a deodorant component that removes a target malodor as seen in [0004]. Young teaches liquids that can be diffused into the air as a pleasant fragrance or to mask the smell of odorous compounds as seen in [0002]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama to replace the first and second atomizable liquids with the essential oils as taught by Young for health and wellness benefits upon inhalation (see [0060]). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama to include an electronic device operably connected to the distributor and processor as taught by Young to allow a user to remotely access the distributor to make changes (see [0041]).
Regarding claim 35, Akiyama teaches a system for dispensing atomized liquids (Akiyama teaches the aromatic deodorizing device 10 to atomize and dispense liquid as seen in [0020]-[0023]), comprising:
a distributor (aromatic deodorizing device 10, see Figs. 1-3) comprising a casing (casing 11, see Fig. 1), a plurality of cartridges (first spray cartridge 21 and second spray cartridge 31, see Fig. 2), a manifold (air flow path 50, see Fig. 2; air flow path 50 comprises of first inner flow path 51, second inner flow path 52 and an outer flow path 53, wherein the outer flow path comprises of main flow path 54, first branch path 55 and second branch path 56 as seen in Fig. 2 and [0027]-[0028]), and an air supply (air pump 40, see Figs. 2-3), wherein the plurality of cartridges and the manifold are contained within the casing (see Figs. 1-2 and [0021] and [0023]),
a processor (control unit 80, see Fig. 3) operably connected to the distributer and electrically connected to the manifold (Akiyama teaches a control unit 80 with a microcomputer as seen in [0038], wherein control unit 80 is operably connected aromatic deodorizing device 10 and electrically connected to air flow path 50 as seen in Fig. 3 and [0034] and [0041]-[0044]),
wherein:
each cartridge of the plurality of cartridges contains a different atomizable liquid (first atomized deodorant C1 is different than second aromatic deodorant C2 as seen in [0046]-[0047]),
the manifold comprises valves (switching mechanism 71, see Figs. 2-3) to control air flow through passageways of the manifold to each cartridge of the plurality of cartridges (switching mechanism 71 includes first electromagnetic valve 71a and second electromagnetic valve 71b that is used to control the air supplied from air pump 40 through air flow path 50 to first spray cartridge 21 and second spray cartridge 31 as seen in Figs. 2-3 and [0034]-[0035]),
when air pushed by the air supply through the passageways and into at least one cartridge of the plurality of cartridges collides with atomizable liquid in the at least one cartridge, at least one atomized liquid is formed, and the at least one atomized liquid is propelled out of the at least one cartridge (Akiyama teaches air supplied from air pump 40 through air flow path 50 to the first spray cartridge 21, such that there is an atomized first aromatic deodorant C1 supplied to the indoor space through first supply port 12 as seen in Figs. 1-3 and [0021], [0035] and [0041]-[0042]).
But does not teach a computing device operably connected to the distributor, and
a processor operably connected to the computing device,
each atomizable liquid comprises an essential oil or a botanical fluid.
However, Young teaches a computing device operably connected to the distributor (diffuser 200, see Figs. 3-6) (Young teaches diffuser 200 to be connected with a computer network such that a user may control the system by accessing an application on an electronic device such as a computer as seen in [0041]), and
a processor (controller 240, see Fig. 6) operably connected to the computing device (Young teaches a controller 240 to receive input from a user via the user interface 242 to execute commands to the various components of the system 200 as seen in Figs. 3-6 and [0050]. Young further teaches diffuser 200 to be connected with a computer network such that a user may control the system by accessing an application on an electronic device such as a computer as seen in [0041]. Therefore, the electronic device such as a computer may be accessed by a user to send input to controller 240 to send commands to system 200).
Young further teaches a diffuser apparatus 200 including a liquid source 60 as seen in Fig. 6 and [0026]. Liquid source 60 may be a liquid vial containing an essential oil mixture as seen in [0045]-[0046]. Young further teaches diffuser to be connected with a computer network such that a user may control the system by accessing an application on an electronic device such as a computer as seen in [0041].
Akiyama teaches an aromatic deodorizing device configured to generate a deodorant component that removes a target malodor as seen in [0004]. Young teaches liquids that can be diffused into the air as a pleasant fragrance or to mask the smell of odorous compounds as seen in [0002]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama to replace the first and second atomizable liquids with the essential oils as taught by Young for health and wellness benefits upon inhalation (see [0060]). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama to include an electronic device operably connected to the distributor and processor as taught by Young to allow a user to remotely access the distributor to make changes (see [0041]).
Regarding claim 43, Akiyama in view of Young teaches the system of claim 35, but does not teach wherein the plurality of cartridges is 32 cartridges.
With respect to Claim 43, Akiyama in view of Young does not explicitly teach wherein the plurality of cartridges is 32 cartridges. However, it has been held that the mere duplication of parts does not constitute a patentable improvement in the art when said duplication does not result in a non-obvious change in functionality (see MPEP § 2144.04. VI. B.). In this case, it is unclear why duplicating the spray cartridges, flow path branches, and electromagnetic valves would substantially change the functionality of the device in a non-obvious way. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify the system taught by Akiyama in view of Young to have 32 cartridges, since it has been held that the duplication of parts involves only routine skill in the art. Furthermore, having more cartridges means there is a wide variety of scents to choose from.
Regarding claim 44, Akiyama in view of Young teaches the system of claim 26, and Young further teaches wherein the first atomizable liquid and the second atomizable liquid do not have medicinal properties (Young teaches using essential oils such as rosewood and vanilla in [0045]-[0046]).
Regarding claim 45, Akiyama in view of Young teaches the system of claim 35, and Young further teaches wherein the different atomizable liquids do not have medicinal properties (Young teaches using essential oils such as rosewood and vanilla in [0045]-[0046]).
Claim(s) 27-28, 31-32, 34, 36-37 and 40-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (US 20220288263 A1) in view of Young (US 20150174595 A1), as applied to claim 26/35 above, and further in view of Jin (US 20180071425 A1).
Regarding claim 27, Akiyama in view of Young teaches the system of claim 26, but does not teach further comprising an inhalation tube connected at a first end of the inhalation tube to the distributor, wherein the first atomized liquid and/or the second atomized liquid is pushed through the inhalation tube from the first end to a second end of the inhalation tube.
However, Jin teaches an inhalation tube connected at a first end of the inhalation tube to the distributor, wherein atomized liquid is pushed through the inhalation tube from the first end to a second end of the inhalation tube (see claim objection above; Jin teaches a controllable scent delivery from a tabletop or handheld replaceable refill cartridge unit (taken as distributor) with a flexible channeling which delivers the scent from the unit to a headset as seen in Fig. 4(L) and [0098]. The headset includes an adjustable arm which delivers the fluid to a diffuser as seen in Fig. 4(L) and [0060] and [0098]. Jin further teaches the fluid to have been nebulized in [0128] and in an example the mixture of scent ingredients and air to be transported via flexible tube after exiting the container in [0060]. As such, Jin teaches a flexible tube secured to a vent of the unit, wherein a first end of the tube is attached to said vent and atomized fluid is pushed through towards a second end towards the headset).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama in view of Young to include an inhalation tube and headset with adjustable arm as taught by Jin as a method of delivery scented fluid within 300 milliseconds (see [0060]).
Regarding claim 28, modified Akiyama teaches the system of claim 27, and Jin further teaches further comprising an inhalation member connected to the second end of the inhalation tube (Jin teaches a headset including an adjustable arm, at the second end of the flexible tube, with delivers the scented fluid to a diffuser which releases the scent into the user’s nose space as seen in Fig. 4(L) and [0060] and [0098]).
Regarding claim 31, Akiyama in view of Young teaches the system of claim 26, but does not teach wherein a vent of the casing is operably connected to furniture configured to distribute the first atomized liquid and/or the second atomized liquid.
However, Jin teaches a controllable scent delivery from a tabletop or a handheld replaceable/refillable cartridge (see [0097]). Jin further teaches the scent delivery device to be set into a false wall, sit as a large floor-based stand-alone unit, a smaller tabletop seated unit, or other dimensionally flexible configuration as seen in Fig. 4(R) and [0106].
Akiyama teaches an aromatic deodorizing device 10 as seen in Fig. 1 which is disposed in an indoor space as seen in [0013]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama in view of Young to be a tabletop as taught by Jin as Jin teaches the device can be flexible in form, shape and placement as seen in [0106] and teaches numerous embodiments as shown in Figs. 4 (B) to Fig. 4(U). Modified Akiyama teaches wherein a vent of the casing is operably connected to furniture configured to distribute the first atomized liquid and/or the second atomized liquid (Modified Akiyama teaches the first supply port 12 and second supply port 13 (taught by Akiyama) to be operably connected to a tabletop unit where scent is delivered from (see Fig. 4 (R) and [0106] of Jin) to distribute the atomized first aromatic deodorant C1 and atomized second aromatic deodorant C2 as seen in [0021] of Akiyama).
Regarding claim 32, Akiyama in view of Young teaches the system of claim 26, but does not teach further comprising audio and/or image data and an effects track,
wherein the effects track is associated with the audio and/or image data, and
wherein instructions of the effects track cause the distributor to create the first atomized liquid and/or the second atomized liquid while the audio and/or image data is presented via an output device of the computing device.
However, Jin teaches further comprising audio and/or image data and an effects track,
wherein the effects track is associated with the audio and/or image data, and
wherein instructions of the effects track cause the distributor to create atomized liquid while the audio and/or image data is presented via an output device of the computing device (Jin teaches delivering a non-olfactory sensory stimulus such as sound and visual, controlling a synchronous delivery of a scent stimulus from a scent device, and delivering the scent stimulus to the user wherein the scent stimulus is related to the non-olfactory stimulus to enhance the user experience as seen in [0009], [0014] and [0135]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama in view of Young to include an audio/image data and an effects track as taught by Jin to provide an optimized experience that can be used therapeutically for chronically or terminally ill patients to induce them to eat (see [0135]).
Regarding claim 34, Akiyama in view of Young teaches the system of claim 26, but does not teach wherein when the first atomized liquid is propelled out of the first cartridge and the second atomized liquid is propelled out of the second cartridge simultaneously, the first atomized liquid mixes with the second atomized liquid, to form a mixed atomized liquid.
However, Jin teaches two or more valves to be activated simultaneously for combination or blending of fluids as seen in Fig. 3(A) and [0075] and [0050]-[0051].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama in view of Young to have two or more valves be activated simultaneously as taught by Jin to create a pre-determined scent (see [0008]). Modified Akiyama teaches wherein when the first atomized liquid is propelled out of the first cartridge and the second atomized liquid is propelled out of the second cartridge simultaneously, the first atomized liquid mixes with the second atomized liquid, to form a mixed atomized liquid (Modified Akiyama teaches opening both electromagnetic valve 71a and second electromagnetic valve 71b (taught by Akiyama) at the same time to pump air from air supply 40 through, such that there is an atomized liquid coming from both first spray cartridge 21 and second spray cartridge 31 simultaneously which would mix with each other as they are within the same space as seen in Fig. 1 of Akiyama).
Regarding claim 36, Akiyama in view of Young teaches the system of claim 35, but does not teach further comprising an inhalation tube connected at a first end of the inhalation tube to the distributor, wherein the first atomized liquid and/or the second atomized liquid is pushed through the inhalation tube from the first end to a second end of the inhalation tube.
However, Jin teaches an inhalation tube connected at a first end of the inhalation tube to the distributor, wherein atomized liquid is pushed through the inhalation tube from the first end to a second end of the inhalation tube (see claim objection above; Jin teaches a controllable scent delivery from a tabletop or handheld replaceable refill cartridge unit (taken as distributor) with a flexible channeling which delivers the scent from the unit to a headset as seen in Fig. 4(L) and [0098]. The headset includes an adjustable arm which delivers the fluid to a diffuser as seen in Fig. 4(L) and [0060] and [0098]. Jin further teaches the fluid to have been nebulized in [0128] and in an example the mixture of scent ingredients and air to be transported via flexible tube after exiting the container in [0060]. As such, Jin teaches a flexible tube secured to a vent of the unit, wherein a first end of the tube is attached to said vent and atomized fluid is pushed through towards a second end towards the headset).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama in view of Young to include an inhalation tube and headset with adjustable arm as taught by Jin as a method of delivery scented fluid within 300 milliseconds (see [0060]).
Regarding claim 37, modified Akiyama teaches the system of claim 36, and Jin further teaches further comprising an inhalation member connected to the second end of the inhalation tube (Jin teaches a headset including an adjustable arm, at the second end of the flexible tube, with delivers the scented fluid to a diffuser which releases the scent into the user’s nose space as seen in Fig. 4(L) and [0060] and [0098]).
Regarding claim 40, Akiyama in view of Young teaches the system of claim 35, but does not teach wherein a vent of the casing is operably connected to furniture configured to distribute each atomized liquid.
However, Jin teaches a controllable scent delivery from a tabletop or a handheld replaceable/refillable cartridge (see [0097]). Jin further teaches the scent delivery device to be set into a false wall, sit as a large floor-based stand-alone unit, a smaller tabletop seated unit, or other dimensionally flexible configuration as seen in Fig. 4(R) and [0106].
Akiyama teaches an aromatic deodorizing device 10 as seen in Fig. 1 which is disposed in an indoor space as seen in [0013]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama in view of Young to be a tabletop as taught by Jin as Jin teaches the device can be flexible in form, shape and placement as seen in [0106] and teaches numerous embodiments as shown in Figs. 4 (B) to Fig. 4(U). Modified Akiyama teaches wherein a vent of the casing is operably connected to furniture configured to distribute each atomized liquid (Modified Akiyama teaches the first supply port 12 and second supply port 13 (taught by Akiyama) to be operably connected to a tabletop unit where scent is delivered from (see Fig. 4 (R) and [0106] of Jin) to distribute the atomized first aromatic deodorant C1 and atomized second aromatic deodorant C2 as seen in [0021] of Akiyama).
Regarding claim 41, Akiyama in view of Young teaches the system of claim 35, but does not further teach further comprising audio and/or image data and an effects track,
wherein the effects track is associated with the audio and/or image data, and
wherein instructions of the effects track cause the distributor to create each atomized liquid while the audio and/or image data is presented via an output device of the computing device.
However, Jin teaches further comprising audio and/or image data and an effects track,
wherein the effects track is associated with the audio and/or image data, and
wherein instructions of the effects track cause the distributor to create atomized liquid while the audio and/or image data is presented via an output device of the computing device (Jin teaches delivering a non-olfactory sensory stimulus such as sound and visual, controlling a synchronous delivery of a scent stimulus from a scent device, and delivering the scent stimulus to the user wherein the scent stimulus is related to the non-olfactory stimulus to enhance the user experience as seen in [0009], [0014] and [0135]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama in view of Young to include an audio/image data and an effects track as taught by Jin to provide an optimized experience that can be used therapeutically for chronically or terminally ill patients to induce them to eat (see [0135]).
Claim(s) 29-30 and 38-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (US 20220288263 A1) in view of Young (US 20150174595 A1), as applied to claim 26/35 above, and further in view of Blackley (US 20160363332 A1) and Jin (US 20180071425 A1).
Regarding claim 29, Akiyama in view of Young teaches the system of claim 26, and Young further teaches further comprising a user interface of the computing device (Young teaches an electronic device such as a computer wherein a user may control the system by accessing an application on the computer as seen in [0041], and therefore teaches a user interface)
But does not teach wherein the user interface allows the user to input instructions that allow the user to create an effects profile, and
the effects profile specifies an amount and a timing of the first atomized liquid formed, and an amount and a timing of the second atomized liquid formed.
However, Blackley teaches wherein the user interface allows the user to input instructions that allow the user to create an effects profile, and
the effects profile specifies an amount of the first atomized liquid formed, and an amount of the second atomized liquid formed (Blackley teaches a mobile computing device 1528 with a touchscreen 1530 for displaying output and user input as seen in [0154]. Blackley further teaches a series of user interfaces that can be provided via display in Fig. 11, such that a user can choose a Mix option (taken as effects profile) shown in 1100b as seen in [0108]. After a user selects the mix option, the user can use a slider that adjusts the percentage of each type of vaporizable material and save the mix combination as seen in Fig. 11 and [0108]-[0110]. Mobile computing device 1528 is connected to processor 1518 and apparatus 1502 as seen in Fig. 15 and [0154], wherein apparatus 1502 comprises a non-transitory computer-readable medium holding program instructions which is executed by processor 1518 as seen in [0163]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama in view of Young to include the mobile computing device and computer-readable medium as taught by Blackley to allow users to select and customize the gas mixture (see [0108]-[0110]).
However, Jin teaches a computer or released device contains control software that is programmed to select, generate and actively release the desired scent(s) as seen in [0105].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by modified Akiyama to allow users to choose when to release the desired scent as taught by Jin to give the user more control/options in the application. Furthermore, this allows the device to release scents even when the user is not actively controlling the device, to aid in removing constant malodors.
Regarding claim 30, modified Akiyama teaches the system of claim 29, and further teaches further comprising a non-transitory computer- readable medium coupled to the processor (Modified Akiyama teaches a computer-readable medium holding program instructions which is executed by processor 1518 as taught by Blackley as seen in [0163]),
wherein the non-transitory computer-readable medium contains instructions stored thereon, which, when executed by the processor, cause the processor to perform operations (see [0163] and [0174] of Blackley), comprising:
receiving the effects profile from the computing device (Blackley teaches the computer-readable medium would receive instructions from the mobile computing device 1528 (see [0154]) regarding the Mix option through the user interface as seen in Fig. 11 and [0108]-[0110] of Blackley),
controlling the air supply to provide the air to the manifold, based on the effects profile (modified Akiyama teaches control unit 80 of Akiyama to control air pump 40 (taught by Akiyama) to supply air to air flow path 50 of Akiyama as seen in Figs. 2-3 and [0035] of Akiyama, based on the Mix option through the user interface as seen in Fig. 11 and [0108]-[0110] of Blackley), and
controlling the valves of the manifold to direct air through the passageways of the manifold and into the first cartridge and/or second cartridge, based on the effects profile (modified Akiyama teaches control unit 80 of Akiyama to control the switching mechanism 71 and air pump 40 to direct air through air flow path 50 into first spray cartridge 21 or second spray cartridge 31 (see Figs. 2-3 and [0034]-[0035] and [0041]-[0044] of Akiyama), based on the Mix option through the user interface as seen in Fig. 11 and [0108]-[0110] of Blackley).
Regarding claim 38, Akiyama in view of Young teaches the system of claim 35, and Young further teaches further comprising a user interface of the computing device (Young teaches an electronic device such as a computer wherein a user may control the system by accessing an application on the computer as seen in [0041], and therefore teaches a user interface)
But does not teach wherein the user interface allows the user to input instructions that allow the user to create an effects profile, and
the effects profile specifies an amount and a timing of each atomized liquid formed.
However, Blackley teaches wherein the user interface allows the user to input instructions that allow the user to create an effects profile, and
the effects profile specifies an amount each atomized liquid formed (Blackley teaches a mobile computing device 1528 with a touchscreen 1530 for displaying output and user input as seen in [0154]. Blackley further teaches a series of user interfaces that can be provided via display in Fig. 11, such that a user can choose a Mix option (taken as effects profile) shown in 1100b as seen in [0108]. After a user selects the mix option, the user can use a slider that adjusts the percentage of each type of vaporizable material and save the mix combination as seen in Fig. 11 and [0108]-[0110]. Mobile computing device 1528 is connected to processor 1518 and apparatus 1502 as seen in Fig. 15 and [0154], wherein apparatus 1502 comprises a non-transitory computer-readable medium holding program instructions which is executed by processor 1518 as seen in [0163]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama in view of Young to include the mobile computing device and computer-readable medium as taught by Blackley to allow users to select and customize the gas mixture (see [0108]-[0110]).
However, Jin teaches a computer or released device contains control software that is programmed to select, generate and actively release the desired scent(s) as seen in [0105].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by modified Blackley to allow users to choose when to release the desired scent as taught by Jin to give the user more control/options in the application. Furthermore, this allows the device to release scents even when the user is not actively controlling the device, to aid in removing constant malodors.
Regarding claim 39, modified Akiyama teaches the system of claim 38, and further teaches further comprising a non-transitory computer- readable medium coupled to the processor (Modified Akiyama teaches a computer-readable medium holding program instructions which is executed by processor 1518 as taught by Blackley as seen in [0163]),
wherein the non-transitory computer-readable medium contains instructions stored thereon, which, when executed by the processor, cause the processor to perform operations (see [0163] and [0174] of Blackley), comprising:
receiving the effects profile from the computing device (Blackley teaches the computer-readable medium would receive instructions from the mobile computing device 1528 (see [0154]) regarding the Mix option through the user interface as seen in Fig. 11 and [0108]-[0110] of Blackley),
controlling the air supply to provide the air to the manifold, based on the effects profile (modified Akiyama teaches control unit 80 of Akiyama to control air pump 40 (taught by Akiyama) to supply air to air flow path 50 of Akiyama as seen in Figs. 2-3 and [0035] of Akiyama, based on the Mix option through the user interface as seen in Fig. 11 and [0108]-[0110] of Blackley), and
controlling the valves of the manifold to direct air through the passageways of the manifold and into at least one cartridge of the plurality of cartridges, based on the effects profile (modified Akiyama teaches control unit 80 of Akiyama to control the switching mechanism 71 and air pump 40 to direct air through air flow path 50 into first spray cartridge 21 or second spray cartridge 31 (see Figs. 2-3 and [0034]-[0035] and [0041]-[0044] of Akiyama), based on the Mix option through the user interface as seen in Fig. 11 and [0108]-[0110] of Blackley).
Claim(s) 33 and 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (US 20220288263 A1) in view of Young (US 20150174595 A1), as applied to claim 26/35 above, and Kelsen (US 20180169288 A1).
Regarding claim 33, Akiyama in view of Young teaches the system of claim 26, but does not teach wherein the first cartridge and the second cartridge each comprise a locking tab and a foot tab to removably secure a base end of the first cartridge and the second cartridge to the manifold.
However, Kelsen teaches wherein the first cartridge and the second cartridge each comprise a locking tab and a foot tab to removably secure a base end of the first cartridge and the second cartridge to the manifold (matrix 115 and manifold 133, see Fig. 13) (Kelsen teaches multiple fragrance cartridges 101 (wherein there is a first and second cartridge) that are removably mounted as seen in Figs. 8-9 and [0004], each comprising two tabs 108 (one is taken as a locking tab and the other is taken as a foot tab) to secure the base end of cartridge 101 to matrix 115 which is connected to manifold 133 as seen in Figs.8 and 13 and [0040] and [0045]).
Akiyama teaches first spray cartridge 21 to be detachably attached to the inside of casing 11 and for the structure of second spray cartridge 31 to be the same as first spray cartridge 21 as seen in [0023] and [0025]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama in view of Young to include the tabs and tab slots as taught by Kelsen to secure the detachably attached cartridges (see [0040]).
Regarding claim 42, Akiyama in view of Young teaches the system of claim 35, but does not teach wherein each cartridge of the plurality of cartridges comprises a locking tab and a foot tab to removably secure a base end of each cartridge to the manifold.
However, Kelsen teaches wherein each cartridge of the plurality of cartridges comprises a locking tab and a foot tab to removably secure a base end of each cartridge to the manifold (matrix 115 and manifold 133, see Fig. 13) (Kelsen teaches multiple fragrance cartridges 101 that are removably mounted as seen in Figs. 8-9 and [0004], each comprising two tabs 108 (one is taken as a locking tab and the other is taken as a foot tab) to secure the base end of cartridge 101 to matrix 115 which is connected to manifold 133 as seen in Figs.8 and 13 and [0040] and [0045]).
Akiyama teaches first spray cartridge 21 to be detachably attached to the inside of casing 11 and for the structure of second spray cartridge 31 to be the same as first spray cartridge 21 as seen in [0023] and [0025]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Akiyama in view of Young to include the tabs and tab slots as taught by Kelsen to secure the detachably attached cartridges (see [0040]).
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 Tina Zhang whose telephone number is (571)272-6956. The examiner can normally be reached Monday - Friday 9:00AM-5:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TINA ZHANG/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
Prosecution Insights