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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-11 and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pavlin (US 2005/0267231).
With regards to claim 1, Pavlin teaches a crosslinked polymer matrix and an immobilized active liquid (abstract) wherein the active liquid includes fragrance oils (0052). Pavlin further teaches the composition to be used as an air freshener (0056) which is known in the art to release fragrances diffusively.
With regards to claims 2, 13, and 16, Pavlin teaches the matrix to be a crosslinked polymer (abstract).
With regards to claim 3, Pavlin teaches the fragrance to include essential oils (0088).
With regards to claim 4, Pavlin teaches the amount of fragrance to be about 75% (0056).
With regards to claim 5, Pavlin teaches the amount of matrix to be 22.8% (example 3).
With regards to claim 6, Pavlin teaches the matrix to be formed from compounds containing acrylate groups (0013 and 0036).
With regards to claims 7 and 8, Pavlin teaches the addition of salt (0024).
With regards to claims 9, 10, and 11, Pavlin teaches the blend to be poured onto a sheet (0019) or a film container (0026).
With regards to claim 14, Pavlin teaches the composition to be used as an air freshener (0056).
With regards to claim 15, Pavlin teaches the air freshener to be used in the interior of a car (0006).
With regards to claim 17, Pavlin teaches the process of making the air freshener to include mixing the molecule with the at least one functional group in the presence of an active liquid and reacting said molecule (0009).
With regards to claim 18, Pavlin teaches the matrix to be formed from polyamines (0019).
With regards to claim 19, Pavlin teaches the use of an acrylate to form the matrix (0009).
With regards to claim 20, Pavlin teaches the blend to be poured onto a sheet (0019) or a film container (0026).
Claim Rejections - 35 USC § 103
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Pavlin (US 2005/0267231).
The disclosure of Pavlin is adequately set forth in paragraph 3 above and is herein incorporated by reference.
With regards to claim 12, Pavlin does not teach the article to contain free fragrance.
However, it would have been obvious to one skilled in the art prior to the effective filing date of the present invention that because the process is the same, the presence of the free-perfume would inherently be present. Further, one skilled in the art prior to the effective filing date would know that by adding free perfume to the article, the scent would be strong initially as well as at the time the fragrance is diffused from said article.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
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/JESSICA WHITELEY/ Primary Examiner, Art Unit 1763