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 .
DETAILED ACTION
The action is in response to the Applicant’s communication filed on 05/08/2023.
Claims 1-7 are pending, where claims 1 and 4 are independent.
This application claims the priority benefit of the international application no. PCT/JP2021/041259 filed on 11/10/2021 incorporated herein.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/08/2023 has been filed on the filing date of the application. The submission is in-compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
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:
“receiving means”, “extracting means”, “reading means”, “emitting means”, “driving means” “transmitting means”, and “calculating means” in claim 1-7 and 9.
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. However, the claim limitations fails to clearly disclose or lacks the corresponding structure, material, or acts for performing the claimed function “- receiving -”, “- extracting ---”, “--- reading ---”, “emitting ---”, “---driving ---”, “transmitting ---” “- calculating --- ”, in claims 1-7 and 9. .
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. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
Claims 2 is rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claim 2 recites the limitation “any designated”. The term “any” recites indefinite to the level of ordinary skill in the pertinent art because the elements not actually disclosed or clearly defined in the specification and it is a broad term, thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).]
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 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.
Claims 1-10 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Chandler, et al. (USPGPub No. 2024/0192654 A1).
As to claims 1, 5 and 9, Chandler discloses An aroma display, comprising: a message receiving means for receiving an external message; (Chandler [abstract] “scent delivery system - central controller to generate command data capable of affecting operation - based on one or more scenting schedules - determine a relatedness and an order of priority between the units - desired activation time - coordinate activity level - delivery units during the overlapping activation time according to the order of priority” [0004-06] “deliver scents or aromas in commercial or office environments - scents and systems customized to reflect and complement various activities, events, brands, moods, or environments” See Fig. 1-9, scent delivery system, generate command data capable of affecting operation, based on one or more scenting schedules, order of priority obviously aroma display, receiving an external message)
a correspondence storage means for storing correspondence between an event name of an event and aroma information related to a scent to be generated at the event; an event notification extracting means for extracting an event notification including an event name from a message received by said message receiving means;
an aroma information reading means for reading aroma information corresponding to the event name from said correspondence storage means; and an aroma emitting means for emitting a scent in accordance with the aroma information read by said aroma information reading means (Chandler [0019-71] “scent delivery system include one or more scent delivery units release a fragrance or a scent in a controlled manner - desired scent profile vary according to location within the space, time of day, day of the week, etc. - user control the one or more scent delivery units, either individually or as a group, through a central controller - over scenting within particular areas prevented - central controller 102 control the activation and deactivation of each scent delivery unit 104 based on a user-defined schedule - database contains information about each scent delivery unit 104 - location and the scent type of each scent delivery unit 104 - with scheduled events, immediate requests for activation and/or deactivation sent by the central controller 102 as command data - “automatic” default setting - selection will revert back after a period of time - automatically revert back to automatic mode after a period of time” [0004-06] “deliver scents or aromas in commercial or office environments - scents and systems customized to reflect and complement various activities, events, brands, moods, or environments” [abstract] “scent delivery system - central controller to generate command data capable of affecting operation - based on one or more scenting schedules - determine a relatedness and an order of priority between the units - desired activation time - coordinate activity level - delivery units during the overlapping activation time according to the order of priority” See Fig. 1-9, plurality of scent delivery units, desired scent profile, location and scent type of each scent delivery, database contains information about each scent delivery unit, emits desired scent for particular scent delivery unit, plurality of scenting schedules, generate command data for operation, emits desired scent for particular scent delivery unit, priority order, automatic default setting selection automatically revert back to automatic mode after a period of time obviously provides storing correspondence between an event name of an event and aroma information related to a scent to be generated at the event; an event notification extracting means for extracting an event notification including an event name from a message received by said message receiving means; an aroma information reading means for reading aroma information corresponding to the event name from said correspondence storage means; and an aroma emitting means for emitting a scent in accordance with the aroma information read by said aroma information reading means).
It would be therefore obvious to one having ordinary skill in the art at the time of the invention that scent delivery system based on plurality of scenting schedules, priority order and desired scent profile are assumed as aroma display, receiving an external message.
As to claim 2, Chandler further discloses The aroma display according to claim 1, wherein said aroma emitting means allows loading of a plurality of aroma cartridges each having an identification number indicative of its scent source, and is capable of emitting a scent from any designated aroma cartridge among the plurality of aroma cartridges (Chandler [0019-71] “scent delivery system include one or more scent delivery units release a fragrance or a scent in a controlled manner - desired scent profile vary according to location within the space, time of day, day of the week, etc. - user control the one or more scent delivery units, either individually or as a group, through a central controller - central controller 102 control the activation and deactivation of each scent delivery unit 104 based on a user-defined schedule - database contains information about each scent delivery unit 104 - location and the scent type of each scent delivery unit 104 - includes a scent reservoir and an atomizing device in fluid communication with the scent reservoir - scent reservoir is a cartridge bottle containing scented liquid - fragrant oil mixture, that emits a desired scent for the particular scent delivery unit 104 - venturi-type atomizer uses a high velocity airstream, generated by an integrated or a separate compressor, to draw in and atomize the liquid in the cartridge bottle - dispersed into the air to generate the desired scent” [0004-06] “scents and systems customized to reflect and complement various activities, events, brands, moods, or environments” [abstract] See Fig. 1-9, scent delivery system, plurality of scent delivery units, desired scent profile, plurality of scenting schedules, generate command data for operation, emits desired scent for particular scent delivery unit, priority order obviously provides a plurality of aroma cartridges each having an identification number indicative of its scent source, and is capable of emitting a scent from any designated aroma cartridge among the plurality of aroma cartridges);
said aroma information includes said identification number; and said aroma emitting means includes an identification number storage means for storing said identification number allotted to each of said plurality of aroma cartridges loaded to said aroma emitting means, and a cartridge driving means for driving that aroma cartridge which has said identification number included in said aroma information among said plurality of aroma cartridges loaded to said aroma emitting means and thereby for generating a scent (Chandler [0019-71] “scent delivery system include one or more scent delivery units release a fragrance or a scent in a controlled manner - desired scent profile vary according to location within the space, time of day, day of the week, etc. - user control the one or more scent delivery units, either individually or as a group, through a central controller - over scenting within particular areas prevented - central controller 102 control the activation and deactivation of each scent delivery unit 104 based on a user-defined schedule - database contains information about each scent delivery unit 104 - location and the scent type of each scent delivery unit 104 - includes a scent reservoir and an atomizing device in fluid communication with the scent reservoir - scent reservoir is a cartridge bottle containing scented liquid - fragrant oil mixture, that emits a desired scent for the particular scent delivery unit 104 - venturi-type atomizer uses a high velocity airstream, generated by an integrated or a separate compressor, to draw in and atomize the liquid in the cartridge bottle - dispersed into the air to generate the desired scent” [0004-06] “deliver scents or aromas in commercial or office environments - scents and systems customized to reflect and complement various activities, events, brands, moods, or environments” [abstract] “scent delivery system - central controller to generate command data capable of affecting operation - based on one or more scenting schedules - determine a relatedness and an order of priority between the units - desired activation time - coordinate activity level - delivery units during the overlapping activation time according to the order of priority” see Fig. 1-9, plurality of scent delivery units, desired scent profile, location and scent type of each scent delivery, database contains information about each scent delivery unit, emits desired scent for particular scent delivery unit, plurality of scenting schedules, generate command data for operation, priority order obviously provides identification number; and said aroma emitting means includes an identification number storage means for storing said identification number allotted to each of said plurality of aroma cartridges loaded to said aroma emitting means, and a cartridge driving means for driving that aroma cartridge which has said identification number included in said aroma information among said plurality of aroma cartridges loaded to said aroma emitting means and thereby for generating a scent).
As to claim 3, Chandler further discloses The aroma display according to claim 2, wherein said event notification may include a duration of scent emission; and in response to said event notification including information related to the duration of scent emission, said cartridge driving means drives said aroma cartridge for the duration from the start time of said event (Chandler [0019-71] “scent delivery system include one or more scent delivery units release a fragrance or a scent in a controlled manner - desired scent profile vary according to location within the space, time of day, day of the week, etc. - user control the one or more scent delivery units, either individually or as a group, through a central controller - over scenting within particular areas prevented - central controller 102 control the activation and deactivation of each scent delivery unit 104 based on a user-defined schedule - database contains information about each scent delivery unit 104 - location and the scent type of each scent delivery unit 104” [0004-06] “deliver scents or aromas in commercial or office environments - scents and systems customized to reflect and complement various activities, events, brands, moods, or environments” [abstract] “scent delivery system - central controller to generate command data capable of affecting operation - based on one or more scenting schedules - determine a relatedness and an order of priority between the units - desired activation time - coordinate activity level - delivery units during the overlapping activation time according to the order of priority” See Fig. 1-9, plurality of scent delivery units, desired scent profile, location and scent type of each scent delivery, database contains information about each scent delivery unit, emits desired scent for particular scent delivery unit, plurality of scenting schedules, generate command data for operation, priority order obviously duration of scent emission; and - duration of scent emission, said cartridge driving means drives said aroma cartridge for the duration from the start time of said event).
As to claim 4, Chandler further discloses The aroma display according to claim 3, wherein in response to said event notification not including the duration of scent emission, said cartridge driving means drives said aroma cartridge for a predetermined default time period from the start time of said event (Chandler [0019-71] “scent delivery system include one or more scent delivery units release a fragrance or a scent in a controlled manner - desired scent profile vary according to location within the space, time of day, day of the week, etc. - user control the one or more scent delivery units, either individually or as a group, through a central controller - over scenting within particular areas prevented - central controller 102 control the activation and deactivation of each scent delivery unit 104 based on a user-defined schedule - database contains information about each scent delivery unit 104 - location and the scent type of each scent delivery unit 104 - with scheduled events, immediate requests for activation and/or deactivation sent by the central controller 102 as command data - “automatic” default setting - selection will revert back after a period of time - automatically revert back to automatic mode after a period of time” [0004-06] [abstract] “scent delivery system - central controller to generate command data capable of affecting operation - based on one or more scenting schedules - determine a relatedness and an order of priority between the units - desired activation time - coordinate activity level - delivery units during the overlapping activation time according to the order of priority” See Fig. 1-9, plurality of scent delivery units, desired scent profile, location and scent type of each scent delivery, database contains information about each scent delivery unit, emits desired scent for particular scent delivery unit, plurality of scenting schedules, generate command data for operation, priority order, automatic default setting selection automatically revert back to automatic mode after a period of time obviously provides in response to said event notification not including the duration of scent emission, said cartridge driving means drives said aroma cartridge for a predetermined default time period from the start time of said event).
As to claim 6, Chandler further discloses The aroma display control device according to claim 5, wherein said command transmitting means includes a full transmission means for transmitting said command to each of said aroma displays of communication destination stored by said communication destination information storage means to generate a scent in accordance with the aroma information read by said aroma reading means (Chandler [0019-71] “scent delivery system include one or more scent delivery units release a fragrance or a scent in a controlled manner - desired scent profile vary according to location within the space, time of day, day of the week, etc. - user control the one or more scent delivery units, either individually or as a group, through a central controller - over scenting within particular areas prevented - central controller 102 control the activation and deactivation of each scent delivery unit 104 based on a user-defined schedule - database contains information about each scent delivery unit 104 - location and the scent type of each scent delivery unit 104” [0004-06] “deliver scents or aromas in commercial or office environments - scents and systems customized to reflect and complement various activities, events, brands, moods, or environments” [abstract] “scent delivery system - central controller to generate command data capable of affecting operation - based on one or more scenting schedules - determine a relatedness and an order of priority between the units - desired activation time - coordinate activity level - delivery units during the overlapping activation time according to the order of priority” See Fig. 1-9, plurality of scent delivery units, desired scent profile, location and scent type of each scent delivery, database contains information about each scent delivery unit, emits desired scent for particular scent delivery unit, plurality of scenting schedules, generate command data for operation, priority order, automatic default setting selection automatically revert back to automatic mode after a period of time obviously provides transmitting said command to each of said aroma displays of communication destination stored by said communication destination information storage means to generate a scent in accordance with the aroma information).
As to claim 7, Chandler further discloses The aroma display control device according to claim 5, wherein said event notification may include information related to a duration of scent emission in an event indicated by said event notification; and said command transmitting means includes a means, responsive to said event notification including said information related to the duration, for transmitting said command including said event name and said information related to the duration, to an aroma display of communication destination stored by said communication destination information storage means to generate a scent in accordance with the aroma information read by said aroma reading means (Chandler [0019-71] “scent delivery system include one or more scent delivery units release a fragrance or a scent in a controlled manner - desired scent profile vary according to location within the space, time of day, day of the week, etc - user control the one or more scent delivery units, either individually or as a group, through a central controller - over scenting within particular areas prevented - central controller 102 control the activation and deactivation of each scent delivery unit 104 based on a user-defined schedule - database contains information about each scent delivery unit 104 - location and the scent type of each scent delivery unit 104” [0004-06] “deliver scents or aromas in commercial or office environments - scents and systems customized to reflect and complement various activities, events, brands, moods, or environments” [abstract] “scent delivery system - central controller to generate command data capable of affecting operation - based on one or more scenting schedules - determine a relatedness and an order of priority between the units - desired activation time - coordinate activity level - delivery units during the overlapping activation time according to the order of priority” See Fig. 1-9, plurality of scent delivery units, desired scent profile, location and scent type of each scent delivery, database contains information about each scent delivery unit, emits desired scent for particular scent delivery unit, plurality of scenting schedules, generate command data for operation, priority order, automatic default setting selection automatically revert back to automatic mode after a period of time obviously provides information related to a duration of scent emission in an event indicated by said event notification; and said command transmitting means includes a means, responsive to said event notification including said information related to the duration, for transmitting said command including said event name and said information related to the duration, to an aroma display of communication destination stored by said communication destination information storage means to generate a scent in accordance with the aroma information read by said aroma reading means).
As to claim 8, Chandler further discloses A computer program causing a computer to function as the aroma display control device in accordance with claim 5 (Chandler [0004-06] “deliver scents or aromas in commercial or office environments - scents and systems customized to reflect and complement various activities, events, brands, moods, or environments” [abstract] “scent delivery system - central controller to generate command data capable of affecting operation - based on one or more scenting schedules - determine a relatedness and an order of priority between the units - desired activation time - coordinate activity level - delivery units during the overlapping activation time according to the order of priority” See Fig. 1-9).
As to claim 10, Chandler further discloses A computer program causing a computer to function as the aroma scheduling server according to claim 9 (Chandler [0004-06] “deliver scents or aromas in commercial or office environments - scents and systems customized to reflect and complement various activities, events, brands, moods, or environments” [abstract] “scent delivery system - central controller to generate command data capable of affecting operation - based on one or more scenting schedules - determine a relatedness and an order of priority between the units - desired activation time - coordinate activity level - delivery units during the overlapping activation time according to the order of priority” See Fig. 1-9).
Citation of Pertinent Prior Art
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2141.02 VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, i.e., as a whole and 2123.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art made of record:
Jim, et al. USPGPub No. 2018/0071425 A1 discloses a method to release and delivery fluids (gas, vapor, mist, or liquid) including scented fluids.
Kalabouks, et al. USP No. 9,747,637 B1 discloses a method for sensory notification of user of an electronic computing device includes receiving an indication at the electronic computing device that a trigger for an alert has occurred based on a trigger condition.
Edwards, et al. USP No. 9,931,425 B2 discloses a system to provide scents includes a scent receiver to replaceable receive scent carriers scent media, scent actuator operable to controllable release scent system.
Sullivan, USP No. 6,549,929 B1 discloses a systems using a program scheduling information for selecting programs and determining schedule an event based on selected program name and program scheduling information.
Lima, et al. USPGPub No. 2017/0119918 A1 discloses a scent dispenser comprise a vial retaining mechanism, a heating element, vial sensor, and a controller includes a vial containing a scented solution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Md Azad whose telephone @(571)272-0553 or email: md.azad@uspto.gov. The examiner can normally be reached on Mon-Thu 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on (571)272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Md Azad/
Primary Examiner, Art Unit 2119.