FINAL 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 .
Election/Restrictions
Applicant’s election without traverse of Group I, corresponding to claims 1-10 in the reply filed on September 2nd, 2025 is acknowledged. Claims 11-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Response to Arguments
Applicant’s arguments with respect to claims 1-10 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
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (U.S. Publication No. 2008/0299014) in view of Chakroun (U.S. Publication No. 2022/0143253).
Kim discloses an air monitoring system comprising:
A housing (Figure 1) comprising a housing inlet (21) and a housing outlet (22), an airflow configured to pass through the housing inlet (21) into the housing; and
A sensor (80) disposed within the housing (Figure 2), the sensor (80) configured to monitor a level of a contaminant in the airflow (paragraph 23);
Wherein the air cleaning system is configured to transmit a sensor signal to the air freshener to adjust a frequency of release of the air cleaner from the air freshener (paragraphs 23 and 28-30).
Kim does not appear to disclose that the system is configured to transmit a signal to a user device to recommend a frequency for air freshening, and/or adjust a frequency of release of the air cleaner from the air freshener. Chakroun discloses an air monitoring system that includes a dispenser (1-4) for dispensing an air cleaner or an air freshening scent (paragraph 40), and a sensor (6-9) to monitor air quality and conditions in an environment for controlling the dispenser (paragraphs 44-49). The reference continues to disclose that the system is configured to transmit a signal to a user device to recommend a frequency for air freshening, and/or adjust a frequency of release of the air cleaner from the air freshener in order to allow said user to control and/or be notified of the control of the frequency at which the air cleaner/air freshening scent is dispensed based on the sensing data from a remote location (paragraphs 75-81). As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to transmit a signal to a user device to recommend a frequency for air freshening, and/or adjust a frequency of release of the air cleaner from the air freshener in the system of Kim in order to allow said user to control and/or be notified of the control of the frequency at which the air cleaner/air freshening scent is dispensed based on the sensing data from a remote location as exemplified by Chakroun.
Therefore, claim 1 is not patentable over Kim in view of Chakroun.
Concerning claim 2, Kim also discloses a fan assembly disposed within the housing (Figure 2), the fan assembly configured to draw an airflow into the housing via the housing inlet (paragraph 21).
Regarding claim 3, Kim further discloses an air filter (40) disposed within the housing, downstream of the inlet (paragraph 21; Figure 2).
With respect to claim 4, Kim continues to disclose an air freshener (50) disposed within the housing (Figure 2; paragraphs 21 & 22).
Concerning claim 5, the reference also discloses that the air cleaner is capable of comprising air cleaner mitigation compounds (paragraph 22). Note that the air cleaner is not positively recited in claim 1.
Regarding claim 6, Kim further discloses that the frequency of the release of the air cleaner is automatically adjusted as a result of the sensor signal (paragraphs 28-30).
With respect to claim 7, Kim also discloses that a user-initiated signal is used to adjust the frequency of release of the air cleaner from the air freshener (paragraph 25).
Concerning claim 8, Kim continues to disclose that the contaminant is capable of being one or more VOC’s, VSC’s and carbon dioxide (paragraphs 5, 9 and 10). Note that the contaminant is not positively recited in claim 1.
Regarding claim 9, the reference discloses a cleaner outlet (22/51) in the housing through which the air cleaner is dispensed (Figure 2).
With respect to claim 10, Kim discloses that the air cleaner is capable of being one of a gas, mist or vapor (paragraphs 5-9 and 22).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN C JOYNER whose telephone number is (571)272-2709. The examiner can normally be reached Monday-Friday 8:00AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL MARCHESCHI can be reached at (571) 272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN JOYNER/ Primary Examiner, Art Unit 1799