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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on October 28, 2025 has been entered.
Response to Amendment
This Office Action is in response to the Applicant’s amendment filed on October 28, 2025. Claim 4 has been canceled. Claims 16-20 have been withdrawn.
Response to Arguments
Applicant’s arguments with respect to claim 9 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 Jorgensen (US 8,133,440 B2). in view of Jakins et al. (US 2017/0360980 A1).
With regard to claim 9, the device of Jorgensen discloses a volatile material dispenser (Fig. 4), comprising: a base including a fan (40) therein, the base defining a lower portion that comprises a plurality of vents (13); a stand assembly that is coupled with the base, the stand assembly including a manifold, the manifold containing a piezoelectric assembly (70); a shroud (112) defining a chimney (113); and an air deflector (100) positioned within the shroud, wherein, during use, air is configured to flow through the plurality of vents and out of the chimney (Fig. 4).
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However, Jorgensen does not disclose that the base including a battery therein.
Jakins teaches a volatile material dispenser comprising a battery.
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 Jorgensen, by replacing the power source to the battery as taught by Jakins, since the battery can last a long time due to low power consumption by efficient control of the fan operation by the controller (Par. [0093]).
With regard to claim 10, the device of Jorgensen as modified by Jakins discloses the invention as disclosed in the rejection of claim 9 above. Jorgensen further discloses that the base further comprises an air isolator (851) and a seal engine (25).
With regard to claim 11, the device of Jorgensen as modified by Jakins discloses the invention as disclosed in the rejection of claim 10 above. Jorgensen further discloses that the sealed engine (25) is positioned above the fan (40) and underneath a platform of the stand assembly (See annotated figure above).
With regard to claim 12, the device of Jorgensen as modified by Jakins discloses the invention as disclosed in the rejection of claim 10 above. Jorgensen further discloses that a printed circuit board (internal control circuit) and a plurality of light emitting diodes (702) are positioned within the sealed engine (25).
With regard to claim 13, the device of Jorgensen as modified by Jakins discloses the invention as disclosed in the rejection of claim 12 above. Jorgensen further discloses that the piezoelectric assembly (70) is connected with the printed circuit board.
With regard to claim 14, the device of Jorgensen as modified by Jakins 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 Jorgensen as modified by Jakins discloses the invention as disclosed in the rejection of claim 8 above. Jorgensen 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
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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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