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 .
Claims 1-21 filed 11/26/22 are currently pending.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “air treatment components…” in claims 1, 12 and 21, “a filtration component…” in claims 1 and 13, “a fan component…” in claims 1 and 13, “a power component…” in claims 1 and 12, “a nose plug component…” in claim 12, “a locking member…” in claim 4 and “a germicidal irradiation component…” in claims 5 and 12.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 17 is 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 17 recites “the filtration component,” which lacks proper antecedent basis.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 3-4 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 3 recites “the air that is passed through the filtration component is moved to the nasal cavity,” which appears to claim the nasal cavity.
Any remaining claims are rejected as being dependent on a rejected base claim.
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.
Claim 1-3, 5, 7, 10, 12-15 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (2011/0126828) in view of 3Palmeri (WO 2021/247411).
Regarding claim 1, in fig. 1-4 Wu discloses an air purification apparatus for nasal application comprising (structure in fig. 3): a housing (11 and top portion that 15 fits into) to substantially enclose an interior space (Fig. 2); air treatment components (2 and 3) located within the interior space to at least partially purify air for delivery to a nasal cavity [0020] comprising: a filtration component 21 to remove impurities from the air [0020], and a fan component 3 to actively pass the air through the filtration component [0020]; a power component (172, 13, 131) located substantially within the interior space to provide electrical power to the air treatment components [0020]; but is silent regarding a case to receive at least part of the housing to be removably stored by the case. However, in fig. 4A-4B 3Palmeri discloses a case 400 to receive at least part of the housing (structure housed within 400) to be removably stored by the case (Fig. 4A-4B [0040-0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Wu’s apparatus with the addition of a case, as taught by 3Palmeri, for the purpose of providing sterilization and wireless charging ([0041] 3Palmeri).
Regarding claim 2, the modified Wu discloses that the power component further comprises: a battery (172 Wu) to reversibly store the electrical power; power delivery electronics to transmit the electrical power from the battery to the air treatment components (electronics must be provided to extend from the batteries 172 to 2 and 3 [0020] Wu); and battery charging electronics (13 Wu) to receive external power from an external power source (13 receives power from the sun to charge batteries 172 [0020] Wu), condition the external power to a charging power receivable by the battery (batteries 172 are charged by 13 [0020] Wu), and store at least part of the charging power in the battery for use by the air treatment components as the electrical power ([0020] the power from 13 is stored in batteries 172 for use by 2 and 3, Wu).
Regarding claim 3, the modified Wu discloses that the housing comprises: a top housing portion (top portion that 15 fits into, fig. 1 Wu), a bottom housing portion (11 Wu) removably attached (with enough force 11 is removable from the top portion, especially as they are fit together separately in fig. 1, Wu) to the top housing portion, and housing inlets (14 Wu) located on the bottom housing portion to permit the air to flow into the interior space ([0020] Wu); wherein the fan component (3 Wu) receives the air from the housing inlets to be passed through the filtration component (Fig. 2 [0020] Wu); and wherein the air that is passed through the filtration component is moved to the nasal cavity ([0020] Fig. 1-4, Wu).
Regarding claim 5, the modified Wu discloses that the air treatment components further comprise: a germicidal irradiation component (ultraviolet lamp [0020] Wu) to emit ultraviolet electromagnetic radiation that at least partially sterilizes pathogens from the air prior to entry into the nasal cavity (uv lamps are able to at least partially sterilize pathogens [0020] Wu).
Regarding claim 7, the modified Wu discloses that the filtration component comprises a high efficiency particulate absorbing (HEPA) filter ([0020] Wu).
Regarding claim 10, the modified Wu discloses that the case comprises: a case enclosure (space within 400, 3Palmeri) comprising a case receiving slot (slot where 406 is located to receive the housing, 3Palmeri) to selectively receive the housing, a case lid (412, 3Palmeri) being removably installable to the case enclosure to configure the case between a case open state and a case closed state (see fig. 4A-4B, 3Palmeri), and electrical contacts (where 406 is located [0041] 3Palmeri) located within the case receiving slot to interface with the power component; wherein the power component further comprises: a battery to reversibly store the electrical power received from the case for use by the air treatment components ([0041] 3Palmeri, 172 Wu); wherein the housing is selectively inserted into the case receiving slot or selectively removed from the case receiving slot when the case is configured in the case open state ([0041] 3Palmeri); and wherein such housing being received by the case receiving slot is substantially enclosed by the case while the case is configured in the case closed state (Fig. 4A 3Palmeri).
Regarding claim 12, in fig. 1-4 Wu discloses an air purification apparatus for nasal application comprising (structure in fig. 3): a housing (11 and top portion that 15 fits into) to substantially enclose an interior space (Fig. 2); a nose plug component 152 operatively attached to the housing to be removably inserted into a nostril such to form an at least partial seal with a nasal cavity [0020], air treatment components (2 and 3) located within the interior space to at least partially purify air for delivery to the nasal cavity [0020] comprising: a germicidal irradiation component (ultraviolet lamp [0020]) to emit ultraviolet electromagnetic radiation that at least partially sterilizes pathogens from the air prior to entry into the nasal cavity (uv lamps are able to at least partially sterilize pathogens [0020]), and a power component (172, 13, 131) located substantially within the interior space to provide electrical power to the air treatment components [0020], but is silent regarding that the housing is selectively received by and selectively removed from a case. However, in fig. 4A-4B 3Palmeri discloses the housing is selectively received by and selectively removed from a case 400 (Fig. 4A-4B [0040-0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Wu’s apparatus with the addition of a case, as taught by 3Palmeri, for the purpose of providing sterilization and wireless charging ([0041] 3Palmeri).
Regarding claim 13, the modified Wu discloses that the air treatment components further comprise: a filtration component (21 Wu) to remove impurities from the air ([0020] Wu), and a fan component (3 Wu) to actively pass the air through the filtration component ([0020] Wu).
Regarding claim 14, the modified Wu discloses that the housing comprises: a top housing portion (top portion that 15 fits into, fig. 1 Wu), a bottom housing portion (11 Wu) removably attached (with enough force 11 is removable from the top portion, especially as they are fit together separately in fig. 1, Wu) to the top housing portion, and housing inlets (14 Wu) located on the bottom housing portion to permit the air to flow into the interior space ([0020] Wu)
Regarding claim 15, the modified Wu discloses that the power component further comprises: a battery (172 Wu) to reversibly store the electrical power; power delivery electronics to transmit the electrical power from the battery to the air treatment components (electronics must be provided to extend from the batteries 172 to 2 and 3 [0020] Wu); and battery charging electronics (13 Wu) to receive external power from an external power source (13 receives power from the sun to charge batteries 172 [0020] Wu), condition the external power to a charging power receivable by the battery (batteries 172 are charged by 13 [0020] Wu), and store at least part of the charging power in the battery for use by the air treatment components as the electrical power ([0020] the power from 13 is stored in batteries 172 for use by 2 and 3, Wu).
Regarding claim 17, Wu discloses that the filtration component comprises a high efficiency particulate absorbing (HEPA) filter ([0020] Wu) and a carbon filter ([0020] Wu).
Regarding claim 18, the modified Wu discloses that the case further comprises: a case enclosure (space within 400, 3Palmeri) comprising a case receiving slot (slot where 406 is located to receive the housing, 3Palmeri) to selectively receive the housing, a case lid (412, 3Palmeri) being removably installable to the case enclosure to configure the case between a case open state and a case closed state (see fig. 4A-4B, 3Palmeri), and electrical contacts (where 406 is located [0041] 3Palmeri) to interface with the power component; wherein the power component further comprises: a battery to reversibly store the electrical power received from the case for use by the air treatment components ([0041] Palmeri, 172 Wu); wherein the housing is selectively inserted into the case receiving slot or selectively removed from the case receiving slot when the case is configured in the case open state ([0041] Palmeri); and wherein such housing being received by the case receiving slot is substantially enclosed by the case while the case is configured in the case closed state (Fig. 4A Palmeri).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wu and 3Palmeri, applied to claim 3 above, in further view of Clover (“How to Change an AirTag’s Battery” April 20, 2021).
Regarding claim 4, Wu is silent regarding that the housing further comprises: a locking interface comprising: a locking interface top portion operatively attached to the top housing portion, a locking interface bottom portion operatively attached to the bottom housing portion, a locking member provided by the locking interface top portion to receive at least part of a locking lip of the locking interface bottom portion, and a locking gap provided by the locking interface bottom portion having sufficient width to receive the locking member; wherein the locking interface is reversibly configured in a locked position by rotating the locking member passed through the locking gap in a first locking direction to receive the locking lip; and wherein the locking interface is reversibly configured in an unlocked position by rotating the locking member in a second locking direction to release the locking lip. However, in fig. 1-3 Clover teaches a housing (top and bottom housing portions of the AirTag) that comprises: a locking interface comprising: a locking interface top portion (portion of cover that contacts AirTag) operatively attached to the top housing portion (cover of AirTag), a locking interface bottom portion (portion of AirTag that contacts the cover) operatively attached to the bottom housing portion (AirTag), a locking member (three tabs on the cover) provided by the locking interface top portion to receive at least part of a locking lip (structure that forms slots of AirTag) of the locking interface bottom portion, and a locking gap (slot of AirTag) provided by the locking interface bottom portion having sufficient width to receive the locking member (the three tabs align with the slots upon rotation); wherein the locking interface is reversibly configured in a locked position by rotating the locking member passed through the locking gap in a first locking direction to receive the locking lip (by clockwise rotation); and wherein the locking interface is reversibly configured in an unlocked position by rotating the locking member in a second locking direction to release the locking lip (by counterclockwise rotation). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Wu’s connection between the top and bottom housing portions with a locking interface, as taught by Clover, for the purpose of the replacement of parts as needed.
Claims 6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Wu and 3Palmeri, applied to claim 1 above, in further view of Tran (2021/0381023).
Regarding claim 6, the modified Wu is silent regarding that the air treatment components further comprise: an aroma component comprising an aroma reservoir to reversibly hold an aromatic material having an aroma detectable by an olfactory nerve; and wherein the aroma is at least partially transferred from the aromatic material into the air to be delivered to the nasal cavity. However, Tran teaches an aroma component comprising an aroma reservoir (filter 17 acts as the reservoir to hold the aroma material that has an aroma [0020][0040]) to reversibly hold an aromatic material [0040] having an aroma detectable by an olfactory nerve [0040]; and wherein the aroma is at least partially transferred from the aromatic material into the air to be delivered to the nasal cavity [0040]. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified Wu’s air treatment components with the addition of an aroma reservoir, as taught by Tran, for the purpose of providing aromatherapy to a user.
Regarding claim 8, the modified Wu is silent regarding an olfactory substance delivery component capable of administering a deliverable substance. However, Tran teaches an olfactory substance delivery component capable of administering a deliverable substance (filter 17 holds an aroma that is delivered to the user’s nasal cavity [0020][0040]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified Wu’s apparatus with an olfactory substance delivery component, as taught by Tran, for the purpose of providing aromatherapy to a user.
Regarding claim 9, the modified Wu discloses that the deliverable substance comprises a pharmacological substance ([0040] Tran).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wu and 3Palmeri, applied to claim 1 above, in further view of Sokol et al. (2020/0139165).
Regarding claim 11, the modified Wu is silent regarding a monitoring component comprising a sensor to detect a condition of the air included by an environmental space adjacent to the sensor; and wherein the condition is reportable via a communicably connected display device. However, in fig. 1A and 4A Sokol teaches a monitoring component 114 comprising a sensor to detect a condition of the air included by an environmental space adjacent to the sensor [0083][0124]; and wherein the condition is reportable via a communicably connected display device [0083][0088]. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified Wu’s apparatus with the addition of a monitoring component, as taught by Sokol, for the purpose of determining is pollutants are near a user ([0083] Sokol).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Wu, applied to claim 12 above, in further view of Tran (2021/0381023).
Regarding claim 16, Wu is silent regarding that the air treatment components further comprise: an aroma component comprising: an aroma reservoir to reversibly hold an aromatic material having an aroma that is at least partially diffused into the air to be detectable by an olfactory nerve. However, Tran teaches an aroma reservoir (filter 17 acts as the reservoir to hold the aroma material that has an aroma [0020][0040]) to reversibly hold an aromatic material [0040] having an aroma that is at least partially diffused into the air to be detectable by an olfactory nerve [0040]. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified Wu’s air treatment components with the addition of an aroma reservoir, as taught by Tran, for the purpose of providing aromatherapy to a user.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Wu and 3Palmeri, applied to claim 12 above, in further view of Tran (2021/0381023).
Regarding claim 19 the modified Wu is silent regarding an olfactory substance delivery component capable of administering a deliverable substance to the nasal cavity. However, Tran teaches an olfactory substance delivery component capable of administering a deliverable substance to the nasal cavity (filter 17 holds an aroma that is delivered to the user’s nasal cavity [0020][0040]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified Wu’s apparatus with an olfactory substance delivery component, as taught by Tran, for the purpose of providing aromatherapy to a user.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Wu and 3Palmeri, applied to claim 12 above, in further view of Sokol et al. (2020/0139165).
Regarding claim 20, the modified Wu is silent regarding a monitoring component comprising a sensor to detect a condition of the air included by an environmental space adjacent to the housing; and wherein the condition is reportable via a communicably connected display device. However, in fig. 1A and 4A Sokol teaches a monitoring component 114 comprising a sensor to detect a condition of the air included by an environmental space adjacent (near to) to the housing [0083][0124]; and wherein the condition is reportable via a communicably connected display device [0083][0088]. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified Wu’s apparatus with the addition of a monitoring component, as taught by Sokol, for the purpose of determining is pollutants are near a user ([0083] Sokol).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (2011/0126828) in view of Tran (2021/0381023).
Regarding claim 21, in fig. 1-4 Wu discloses an air purification apparatus for nasal application comprising (structure in fig. 3): a housing (11 and top portion that 15 fits into) to substantially enclose an interior space (Fig. 2); air treatment components (2 and 3) located within the interior space to at least partially purify air for delivery to a nasal cavity [0020] comprising: a filtration component 21 to remove impurities from the air [0020], and a fan component 3 to actively pass the air through the filtration component [0020]; a power component (172, 13, 131) located substantially within the interior space to provide electrical power to the air treatment components [0020]; but is silent regarding an aroma component comprising an aroma reservoir to reversibly hold an aromatic material having an aroma detectable by an olfactory nerve; and wherein the aroma is at least partially transferred from the aromatic material into the air to be delivered to the nasal cavity. However, Tran teaches an aroma component comprising an aroma reservoir (filter 17 acts as the reservoir to hold the aroma material that has an aroma [0020][0040]) to reversibly hold an aromatic material [0040] having an aroma detectable by an olfactory nerve [0040]; and wherein the aroma is at least partially transferred from the aromatic material into the air to be delivered to the nasal cavity [0040]. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Wu’s air treatment components with the addition of an aroma reservoir, as taught by Tran, for the purpose of providing aromatherapy to a user.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 17/982,355 in view of 3Palmeri (WO 2021/247411). Copending claim 1 discloses all of the limitations of instant claim 1 except a case to receive at least part of the housing to be removably stored by the case. However, in fig. 4A-4B 3Palmeri discloses a case 400 to receive at least part of the housing (structure housed within 400) to be removably stored by the case (Fig. 4A-4B [0040-0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify copending claim 1’s apparatus with the addition of a case, as taught by 3Palmeri, for the purpose of providing sterilization and wireless charging ([0041] 3Palmeri).
Claim 2 is aligned with copending claim 2.
Claim 3 is aligned with copending claim 3.
Claim 4 is aligned with copending claim 4.
Claim 5 is aligned with copending claim 5.
Claim 6 is aligned with copending claim 6.
Claim 7 is aligned with copending claim 7.
Claim 8 is aligned with copending claim 6.
Claim 9 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 17/982,355 in view of 3Palmeri (WO 2021/247411), as applied to claim 1 above, in further view of Tran (2021/0381023). The modified copending claim 9 is silent regarding that the deliverable substance comprises a pharmacological substance. However, Tran teaches a deliverable substance comprises a pharmacological substance ([0040] Tran). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified Wu’s deliverable substance with a pharmacological substance, as taught by Tran, for the purpose of providing aromatherapy to a user.
Claim 10 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of copending Application No. 17/982,355 in view of 3Palmeri (WO 2021/247411), as applied to claim 1 above. The modified copending claim 10 discloses that the case comprises: a case enclosure (space within 400, 3Palmeri) comprising a case receiving slot (slot where 406 is located to receive the housing, 3Palmeri) to selectively receive the housing, a case lid (412, 3Palmeri) being removably installable to the case enclosure to configure the case between a case open state and a case closed state (see fig. 4A-4B, 3Palmeri), and electrical contacts (where 406 is located [0041] 3Palmeri) located within the case receiving slot to interface with the power component; wherein the power component further comprises: a battery to reversibly store the electrical power received from the case for use by the air treatment components ([0041] 3Palmeri, 172 Wu); wherein the housing is selectively inserted into the case receiving slot or selectively removed from the case receiving slot when the case is configured in the case open state ([0041] 3Palmeri); and wherein such housing being received by the case receiving slot is substantially enclosed by the case while the case is configured in the case closed state (Fig. 4A 3Palmeri).
Claim 11 is aligned with copending claim 11.
Claim 12 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of copending Application No. 17/982,355 in view of 3Palmeri (WO 2021/247411). Copending claim 12 discloses all of the limitations of instant claim 1 except that the housing is selectively received by and selectively removed from a case. However, in fig. 4A-4B 3Palmeri discloses the housing is selectively received by and selectively removed from a case 400 (Fig. 4A-4B [0040-0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify copending claim 12’s apparatus with the addition of a case, as taught by 3Palmeri, for the purpose of providing sterilization and wireless charging ([0041] 3Palmeri).
Claim 13 is aligned with copending claim 13.
Claim 14 is aligned with copending claim 14.
Claim 15 is aligned with copending claim 15.
Claim 16 is aligned with copending claim 16.
Claim 17 is aligned with copending claim 17.
Claim 18 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of copending Application No. 17/982,355 in view of 3Palmeri (WO 2021/247411), as applied to claim 1 above. The modified copending claim 10 discloses that the case comprises: a case enclosure (space within 400, 3Palmeri) comprising a case receiving slot (slot where 406 is located to receive the housing, 3Palmeri) to selectively receive the housing, a case lid (412, 3Palmeri) being removably installable to the case enclosure to configure the case between a case open state and a case closed state (see fig. 4A-4B, 3Palmeri), and electrical contacts (where 406 is located [0041] 3Palmeri) to interface with the power component; wherein the power component further comprises: a battery to reversibly store the electrical power received from the case for use by the air treatment components ([0041] 3Palmeri, 172 Wu); wherein the housing is selectively inserted into the case receiving slot or selectively removed from the case receiving slot when the case is configured in the case open state ([0041] 3Palmeri); and wherein such housing being received by the case receiving slot is substantially enclosed by the case while the case is configured in the case closed state (Fig. 4A 3Palmeri).
Claim 19 is aligned with copending claim 16.
Claim 20 is aligned with copending claim 20.
Claim 21 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of copending Application No. 17/982,355. Although the claims at issue are not identical, they are not patentably distinct from each other because copending claim 1 further recites a nose plug component.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gray (20,987,527) directed towards a nasal air filtration device, Kenyon et al. (2022/0184335) directed towards a nasal respiratory therapy system, Taslagyan (2018/0064968) directed towards an air purifier, Al Wandy (2021/0001159) directed towards a smell eliminator and Jerasi (2020/0215281) directed towards a device for enhanced nostril breathing.
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/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785