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 May 13, 2026. Claim 9 has been amended. Claims 16-20 have been withdrawn.
Response to Arguments
Applicant’s arguments with respect to claims 9-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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.
Claims 9-15 are rejected under 35 U.S.C. 103 as being unpatentable over Michaels et al. (US 2008/0315005 A1) in view of Jorgensen (US 8,133,440 B2).
With regard to claim 9, the device of Michaels discloses a volatile material dispenser (Fig. 17), comprising: a base (56) including a battery (240) therein, the base defining a lower portion that comprises a plurality of vents (400); a stand assembly (60/120) that is coupled with the base (56), the stand assembly including a manifold (60) and a platform (120), the manifold (60) containing a piezoelectric assembly (70), wherein the manifold (60) and the piezoelectric assembly (70) are positioned entirely above the platform (120); a shroud (52) defining a chimney (Fig. 17); and an air deflector (256) positioned within the shroud, wherein, during use, air is configured to flow through the plurality of vents (400) and out of the chimney (Fig. 17).
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Michaels further discloses a fan, except the fan is on the base.
Jorgensen teaches a volatile material dispenser comprising a base including a fan (40) therein (Fig. 4).
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 of Michaels, by incorporating the fan in the base as taught by Jorgensen, doing it would transfer currents of air to the gas intake port of the pressure-charging airway toward the gas exhaust port (Col. 5 lines 20-23).
With regard to claim 10, the device of Michaels as modified by Jorgensen discloses the invention as disclosed in the rejection of claim 9 above. Michaels further discloses that the base further comprises an air isolator and a seal engine (see annotated figure above).
With regard to claim 11, the device of Michaels as modified by Jorgensen discloses the invention as disclosed in the rejection of claim 10 above. Michaels further discloses that the sealed engine (see annotated figure above) is positioned above the fan (40 Jorgensen) and underneath the platform of the stand assembly (120).
With regard to claim 12, the device of Michaels as modified by Jorgensen discloses the invention as disclosed in the rejection of claim 10 above. Michaels further discloses that a printed circuit board (160, Fig.6) and a plurality of light emitting diodes (144/166) are positioned within the sealed engine (120).
With regard to claim 13, the device of Michaels as modified by Jorgensen discloses the invention as disclosed in the rejection of claim 12 above. Michaels further discloses that the piezoelectric assembly (70) is connected with the printed circuit board.
With regard to claim 14, the device of Michaels as modified by Jorgensen discloses the invention as disclosed in the rejection of claim 10 above. Jorgensen further discloses that the fan (40) comprises a motor that is positioned within the sealed engine (25).
With regard to claim 15, the device of Michaels as modified by Jorgensen discloses the invention as disclosed in the rejection of claim 8 above. Michaels further discloses that the volatile material dispenser is configured to be used in an outdoor environment.
Allowable Subject Matter
Claims 1-3 and 5-8 are allowed.
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.
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, ARTHUR HALL can be reached at 5712701814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOEL . ZHOU
Primary Examiner
Art Unit 3752
/QINGZHANG ZHOU/Primary Examiner, Art Unit 3752
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