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
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The response filed on October 6, 2025 is acknowledged.
Claim Rejections - 35 USC § 112
Claims 1-20 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.
Claim 1 recites the limitation "the interior" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the inflow" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the outflow" in line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation “are reduced” in line 4. The claim fails to provide a reference to determine “reduced.”
Claim 5 recites the limitation "the actuation" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation “at least three elongate slots” in lines 1-2. It appears to be a double inclusion of the “elongate slot” recited in claim 7.
Claim 14 recites the limitation "the longitudinal side" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the correct position" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim fails to provide a standard to determine “correct.”
Claim 15 recites the limitation “correctly aligned” in line 3. The claim fails to provide a standard or reference to determine “correctly.”
Claim 15 recites the limitation "one correct position" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim fails to provide a standard to determine “correct.”
Claim 15 recites the limitation "one correct alignment" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim fails to provide a standard to determine “correct.”
Claim 18 recites “one single housing opening” in lines 1-2. It appears to be a double inclusion of the “housing opening” recited in claim 13.
Claim Rejections - 35 USC § 102
Claim(s) 1-5, 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cox (6,085,989).
Cox discloses a scenting device for a vehicle (intended use not positively recited), the scenting device comprising:
a housing 11; and
a scent container 25 arranged in the housing,
wherein the housing comprises
a holding device 13 for attaching the scenting device to a ventilation system (not positively recited) in the interior of a vehicle (not positively recited),
an inlet side (side facing the inflow air) at which an inlet opening 18, 19 is arranged for the inflow of air into the housing,
an outlet side (downstream facing side) on which an outlet opening 18, 19 for the outflow of air from the housing is arranged,
wherein the scenting device includes a sliding container 12 arranged in the housing, the scent container being arranged in the sliding container; and
wherein the outlet opening or the inlet opening is configured to be at least partially closed by a sliding movement of the sliding container;
wherein the sliding container is adapted such that the scent container is displaced relative to the housing during the sliding movement;
wherein the scent container is arranged in the sliding container such that the scent container does not rub along the housing during the sliding movement;
wherein the housing has protrusions 17 on which the sliding container is supported such that contact surfaces of the housing contacting the sliding container and friction between the housing and sliding container are reduced;
wherein the sliding container has a handle 14, by the actuation of which the sliding container is displaceable, wherein the handle protrudes neither through the outlet side nor through the inlet side;
wherein the scent container is configured to be inserted into the housing through a housing opening (opening at the bottom of sleeve 11) and removed therefrom again.
Claim(s) 1-3, 5, 7, 9-12, 16 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by -.
Webinger discloses a scenting device for a vehicle (intended use not positively recited), the scenting device comprising:
a housing 14, 100; and
a scent container (product; col. 5, l. 1) arranged in the housing,
wherein the housing comprises
a holding device 300 for attaching the scenting device to a ventilation system (not positively recited) in the interior of a vehicle (not positively recited),
an inlet side (side facing the inflow air) at which an inlet opening 12, 112 is arranged for the inflow of air into the housing,
an outlet side (downstream facing side) on which an outlet opening 12, 112 for the outflow of air from the housing is arranged,
wherein the scenting device includes a sliding container 16, 200 arranged in the housing, the scent container being arranged in the sliding container; and
wherein the outlet opening or the inlet opening is configured to be at least partially closed by a sliding movement of the sliding container;
wherein the sliding container is adapted such that the scent container is displaced relative to the housing during the sliding movement;
wherein the scent container is arranged in the sliding container such that the scent container does not rub along the housing during the sliding movement;
wherein the sliding container has a handle (grasping portion of inner carton), by the actuation of which the sliding container is displaceable, wherein the handle protrudes neither through the outlet side nor through the inlet side;
wherein the outlet side has an elongated shape with a longitudinal side and a short side, and wherein the outlet opening is an elongate slot and the elongate slit is arranged obliquely to the longitudinal side of the outlet side and obliquely to the short side of the outlet side (see figure 10);
comprising at least three elongate slots;
wherein the elongate slots are arranged parallel to each other;
wherein the elongate slots extend over a majority of the short side of the outlet side;
wherein the scent container is configured to be inserted into the housing through a housing opening (opening at the bottom of outer carton) and removed therefrom again;
wherein the elongate slots are arranged equidistant to each other;
wherein the elongate slots are of equal length;
Claim Rejections - 35 USC § 103
Claim(s) 8, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Webinger (4,270,692).
Webinger discloses the claimed invention except for the elongate slot being at least 10 degrees (at least 20 degrees and at least 30 degrees for claims 19 and 20, respectively) to the longitudinal side or the short side. The leaf like shape of openings 12, 112 inherently have an angle relative to the longitudinal side and the short side. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have made the openings at least 10 degrees, 20 degrees or 30 degrees to the longitudinal side or the short side in the device of Webinger for decorative purposes, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot based on the new grounds of rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S KIM whose telephone number is (571)272-4905. The examiner can normally be reached M-F 7:30-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O Hall can be reached at (571) 270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER S KIM/Primary Examiner, Art Unit 3752 CHRISTOPHER S. KIM
Examiner
Art Unit 3752
CK
