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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/9/2026 has been entered.
Pending claims 1-19 are addressed below. Claim 20 is withdrawn.
Previous Election/Restrictions
Claim(s) 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/21/2025.
Applicant’s election without traverse of Invention group 1 (claims 1-19) and species 2 (Figs. 6-8) is acknowledged.
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 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.
Claims 1, 2, 5-7, 9, 10, 14, 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bernaducci (US 5163616) in view of Fernandez Prieto (US 20190022265).
Regarding claim 1, Bernaducci discloses a volatile composition dispenser (figs. 1-2) comprising:
a solid article (gel 60; col. 3, ln 25-27) comprising a volatile composition (air freshener or room deodorizer formulation) and a peripheral evaporative surface (outer surfaces of gel 60; see fig. 3),
wherein the solid article (60) is capable of shrinkage relative to the peripheral evaporative surface from an initial size (as shown in fig. 3) to a reduced size (shrunken size) smaller than the initial size upon exposure of the solid article to the environment in an interior space (col. 3, ln 48-50: “as formulation 60 dissipates throughout the course of a mouth, it shrinks to eventually expose the contrastingly colored inner walls 51-54 of chambers 50”)
wherein the solid article (60) is characterized by a shrinkage in a direction away ( the gel shrinks inwardly, therefore away from its exposed surface) from the peripheral evaporative surface
a housing (20) configured for receiving the solid article (gel 60), the housing comprising at least one opening (40); and
a visual indicator (color provided on the inner walls; col. 3, ln 50: “colored inner walls 51-54”) located on an inner surface of the housing (surface of inner walls 51-54) proximal to the peripheral evaporative surface of the solid article (col. 3, ln 49-52: “it shrinks to eventually expose the contrastingly colored inner walls 51-54 of chambers 50, thereby signaling to the user that it is time to open the next chamber 50”);
wherein the dispenser has a first configuration (as shown in fig. 3) wherein the solid article conceals the visual indicator such that it is not visually perceptible (col. 3, ln 45-52 implies that before shrinking, the colored inner walls are not visible), and
a second configuration (when gel 60 shrinks) wherein shrinkage of at least a portion of the solid article from the initial size to the reduced size reveals at least a portion of the visual indicator through the at least one opening (40) of the housing for indicating a state of use of the dispenser (col. 3, ln 45-52: “The fragrance formulation 60 in each chamber preferably is provided in a color which contrasts with the color of the surfaces of inner walls 51-54 of chambers 50. Thus, as formulation 60 dissipates throughout the course of a mouth, it shrinks to eventually expose the contrastingly colored inner walls 51-54 of chambers 50, thereby signaling to the user that it is time to open the next chamber 50.”),
wherein a relative positioning between the visual indicator and the at least one opening of the housing is the same when the dispenser is in the first configuration and the second configuration (the opening 40 is fixed on the canister 20; see figs. 1-2).
Bernaducci is silent regarding the shrinkage from the peripheral evaporative surface is greater than 1% to less than 40%.
However, Fernandez Prieto discloses a comparable solid article (cross-linked gel composition) configured to have shrinkage in the order from 10%-30% by surface area (par. 16). The disclosed cross-linked gel exhibit more uniform release of the hydrophobic material.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bernaducci to incorporate the teachings of Fernandez Prieto to substitute Bernaducci’s gel formulation with the cross-linked gel taught by Fernandez Prieto with shrinkage from the peripheral evaporative surface from 10%-30%, which is greater than 1% to less than 40%. Doing so would facilitate a more uniform release profile of the hydrophobic material (see paragraph 16).
Note: all references made in parenthesis hereafter are referencing the primary reference, unless otherwise stated.
Regarding claims 2 and 14, Bernaducci, as modified above, discloses the dispenser according to claim 1, wherein Bernaducci does not specify the shrinkage is from 3% to 30%, at the end of a time period of from 1 to 75 days (claim 2); wherein the shrinkage is from 4% to 20%, at the end of a time period of from 1 to 75 days (claim 14).
However, Fernandez Prieto discloses various examples of the cross-linked gel composition, shown in the data table for Example 5 (column 11), wherein another table below paragraph 147 shows the percent of release or shrinkage by weight for example composition 4A is from 5% after 10 days to 37% after 60 days. The disclosure further indicates release percentage is varied through a given polyol:cross-linker ratio and correlation length of the network (par. 147: “For a given polyol:cross-linker ratio, the higher the correlation length of the network the faster the release of the perfume.”).
Considering Fernandez Prieto’s disclosure, one of ordinary skill in the art would have had the technical capabilities to try different range of ratio and correlation lengths to produce the gel product with the chosen release/shrinkage rate, including claimed shrinkage is from 3% to 30%, at the end of a time period of from 1 to 75 days. No inventive effort would have been required.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bernaducci to incorporate the teachings of Fernandez Prieto to utilize a cross-linked gel with shrinkage is from 3% to 30%, at the end of a time period of from 1 to 75 days (claim 2), or from 4% to 20%, at the end of a time period of from 1 to 75 days (claim 14). Doing so would provide for a more uniform and longer lasting product compared to faster release gel shown in example composition 4A, 4E, 4G (par. 146-147).
Regarding claim 5, Bernaducci, as modified above, discloses the dispenser according to claim 1, wherein the solid article (60) comprises a central evaporative surface (gel surface contacting inner walls 51-54) and the visual indicator (color on the inner walls) is disposed behind the central evaporative surface (see fig. 3).
Regarding claim 6, Bernaducci, as modified above, discloses the dispenser according to claim 1, wherein the visual indicator (color on the wall) indicates a state of the dispenser selected from the group consisting of: an end of life of the dispenser (col. 3, ln 45-57; when all scent compartments colored walls are visible), a quantitative state indicative of a number of days use of the dispenser, and combinations thereof.
Regarding claims 7 and 17, Bernaducci, as modified above, discloses the dispenser according to claim 1, wherein the volatile composition is selected from the group consisting of: a perfume, a deodorizing agent, a sanitizing agent, an insect repellant, a malodor reduction agent, mixtures thereof (Bernaducci, col. 3, ln 45: “fragrance formulation”), the volatile composition is present in a level of 3 wt. % to 85 wt. %, of the solid article (Fernandez Prieto, see claim 8: “wherein the hydrophobic material is a perfume, preferably present at a level of from about 3 wt % to about 85 wt % of the gel composition”), or the volatile composition is present in a level of from 15 wt. % to 75 wt. % of the solid article (Fernandez Prieto, see claim 9: “the hydrophobic material is a perfume, preferably present at a level of from about 15 wt % to about 75 wt % of the gel composition”).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bernaducci to incorporate the additional teachings of Fernandez Prieto to utilize a cross-linked gel with the volatile composition is present in a level of 3 wt. % to 85 wt. %, of the solid article (claim 7), or the volatile composition is present in a level of from 15 wt. % to 75 wt. % of the solid article (claim 17) to facilitate the desired characteristic and intensity of the scented gel.
Regarding claim 9, Bernaducci, as modified above, discloses the dispenser according to claim 1, wherein the solid article comprises a gel composition selected from the group consisting of: an ethyl cellulose polymer, a chemically cross-linked polyol or derivative thereof, and mixtures thereof (see claims 4-5 of Fernandez Prieto).
Regarding claim 10, Bernaducci, as modified above, discloses the dispenser according to claim 9, wherein the solid article comprises a chemically cross-linked polyol, wherein the polyol or derivative thereof is selected from the group consisting of: polyol, polyester polyol, polyglycerol and mixtures thereof (see claims 4-5 of Fernandez Prieto).
Regarding claim 18, Bernaducci, as modified above, discloses the dispenser according to claim 10, wherein the solid article comprises a polyol derivative comprising a polyester polyol (see claims 4-5 of Fernandez Prieto).
Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bernaducci (US 5163616) in view of Fernandez Prieto (US 20190022265), further in view of Mikkelsen (US20130202788).
Regarding claim 8, Bernaducci, as modified above, discloses the dispenser according to claim 1, but is silent with regard to the solid article being non-aqueous, and comprises less than 1% by weight of water, although Fernandez Prieto discloses the non-aqueous gel is known via teaching of Mikkelsen.
However, Mikkelsen discloses a comparable fragrance gel that is non-aqueous and comprises less than 1% by weight of water (par. 58).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bernaducci to incorporate the teachings of Mikkelsen to utilize the solid article being non-aqueous, and comprises less than 1% by weight of water. Doing so would improve rigidity of the gel when free-standing gel structure is desired (abstract, par. 1).
Claims 11, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bernaducci (US 5163616) in view of Fernandez Prieto (US 20190022265), further in view of MacQueen (US 6399713).
Regarding claim 11, Bernaducci, as modified above, discloses the dispenser according to claim 1, wherein Bernaducci does not teach at least a portion of the solid article is characterized by an optical property selected from the group consisting of: a Haze measurement of at least 40%, a Total Transmission Rate of less than 30%, and combinations thereof.
However, MacQueen discloses gels that can be used as air fresheners (col. 17, ln 11-12) wherein %haze value for a gel can be increased if desired by appropriate selection of solvent and gellant (col. 6, ln 29-31), and that it is a routine matter to optimize the amount of block copolymer is used in a composition depending on the desired consistency of the product (col. 17, ln 32-35).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bernaducci to incorporate the teachings of MacQueen to utilize at least a portion of the solid article is characterized by an optical property of a Haze measurement of at least 40%,. Doing so would provide for the desired consistency of the product to the user preference, as suggested by MacQueen.
Regarding claim 19, Bernaducci discloses a solid article (gel 60; col. 3, ln 25-27) for a volatile composition dispenser, the solid article comprising:
a volatile composition (air freshener or room deodorizer formulation), at least one central evaporative surface (surfaces of gel 60 that is away from the edges, i.e. surface portion exposed through opening 40 shown in fig. 2), and a peripheral evaporative surface (surfaces portions at edges of the gel item, i.e. surface portions adjacent wall corners shown in fig. 3) circumscribing the central evaporative surface (it is noted that the current claim language only positively recite the “solid article”; the gel item 60 by itself would have all surfaces intended to evaporate, emit fragrance),
wherein the solid article is capable of shrinkage relative to the peripheral evaporative surface from an initial size (fig. 3) to a reduced size (shrunken size) smaller than the initial size upon exposure of the solid article to the environment in an interior space (space where the gel is placed; col. 3, ln 48-50: “as formulation 60 dissipates throughout the course of a mouth, it shrinks to eventually expose the contrastingly colored inner walls 51-54 of chambers 50”), wherein the solid article is characterized by a shrinkage in a direction (inward shrinkage is away from the initial peripheral evaporative surface) away from the peripheral evaporative surface
Bernaducci does not teach the shrinkage from the peripheral evaporative surface is greater than 1% to less than 40%, and wherein the central evaporative surface is characterized by a central evaporative surface area of less than 150 cm2.
However, Fernandez Prieto discloses a comparable solid article (cross-linked gel composition) configured to have shrinkage in the order from 10%-30% by surface area (par. 16). The disclosed cross-linked gel exhibit more uniform release of the hydrophobic material. Paragraph 41 also discloses the shape and size of the gel composition can affect the release and longevity of the hydrophobic material and suitable gel compositions can have a surface area of less than 150 cm2, preferably from 3.0 to 100 cm2, more preferably from 6.0 to 60 cm2.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bernaducci to incorporate the teachings of Fernandez Prieto to substitute Bernaducci’s gel with the cross-linked gel taught by Fernandez Prieto with shrinkage from the peripheral evaporative surface from 10%-30%, which is greater than 1% to less than 40%, and wherein the central evaporative surface is characterized by a central evaporative surface area of less than 150 cm2. Doing so would facilitate a more uniform release profile of the hydrophobic material (see paragraph 16).
Additionally, Bernaducci does not teach at least a portion of the solid article is characterized by an optical property selected from the group consisting of: a Haze measurement of at least 40%, a Total Transmission Rate of less than 30%, and combinations thereof.
However, MacQueen discloses gels that can be used as air fresheners (col. 17, ln 11-12) wherein %haze value for a gel can be increased if desired by appropriate selection of solvent and gellant (col. 6, ln 29-31), and that it is a routine matter to optimize the amount of block copolymer is used in a composition depending on the desired consistency of the product (col. 17, ln 32-35).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bernaducci to incorporate the teachings of MacQueen to utilize at least a portion of the solid article is characterized by an optical property of a Haze measurement of at least 40%. Doing so would provide for the desired consistency of the product to the user preference, as suggested by MacQueen.
Claims 3, 15, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bernaducci (US 5163616) in view of Fernandez Prieto (US 20190022265), further in view of Kirkman (US 2251058).
Regarding claim 3, Bernaducci, as modified above, discloses the dispenser according to claim 1, Bernaducci further discloses a gap (space between 60 and the inner walls after the gel shrinks) between the peripheral evaporative surface of the solid article (60) and the housing.
Bernaducci does not explicitly teach the gap is configured to enable shrinkage along a first dimension of the solid article at a faster rate relative to shrinkage along a second dimension of the solid article.
However, Kirkman further discloses a comparable dispenser having a housing (11; figs. 1-2) configured for receiving the solid article, and a gap (at 26, 27; fig. 1) between the peripheral evaporative surface of the solid article (12) and an inner surface (17 and 31) of the housing, wherein the gap is configured to enable shrinkage along a first dimension of the solid article at a faster rate relative to shrinkage along a second dimension of the solid article (Kirkman's gap extends the entire width/horizontal dimension, therefore gap would allow faster shrinkage rate along horizontal dimension relative to shrinkage along vertical dimension of the article since vertical extension of the gap is more restricted).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bernaducci to incorporate the gap is configured to enable shrinkage along a first dimension of the solid article at a faster rate relative to shrinkage along a second dimension of the solid article. Doing so would yield the predictable result of facilitating exposure/display of the intended visual cue (see first sentence of paragraph 32).
Regarding claim 15, Bernaducci, as modified above, discloses the dispenser according to claim 6, Bernaducci further discloses visual cues indicative of the gel being exhausted (color on inner wall that is exposed upon shrinkage of the gel) but is silent regarding the visual indicator comprises a set of characters or graphical symbols indicative of the state of the dispenser.
Kirkman discloses a comparable chemical evaporator that includes the visual indicator comprises a set of characters or a graphical symbol (46, 83, 84, 92) indicative of the state of the dispenser (figs. 2, 5, 8, 9).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bernaducci to incorporate the teachings of Kirkman to provide the visual indicator comprises a set of characters or graphical symbols indicative of the state of the dispenser. Doing so would yield the predictable result of facilitating a clear message for prompt user replacement as shown in figures 2, 5, 8, 9.
Regarding claim 16, Bernaducci, as modified above, discloses the dispenser according to claim 6, Bernaducci further discloses visual cues indicative of the gel being exhausted (color on inner wall that is exposed upon shrinkage of the gel) is silent regarding the visual indicator comprises a single word or a graphical symbol indicative of an end of life of the dispenser (see portion 46, fig. 2).
Kirkman discloses a comparable chemical evaporator that includes the visual indicator comprises a single word (“EMPTY”; “WARNING”) or a graphical symbol (46, 83, 84, 92) indicative of the state of the dispenser (figs. 2, 5, 8, 9).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bernaducci to incorporate the teachings of Kirkman to provide the visual indicator comprises a set of characters or graphical symbols indicative of the state of the dispenser. Doing so would yield the predictable result of facilitating a clear message for prompt user replacement as shown in figures 2, 5, 8, 9.
Claim(s) 4, 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bernaducci (US 5163616) in view of Fernandez Prieto (US 20190022265) and Kirkman (US 2251058), further in view of D’Amico (US 20160271287).
Regarding claim 4, Bernaducci, as modified above, discloses the dispenser according to claim 3, Bernaducci is silent regarding an anchor arranged within the housing, wherein the solid article is releasably attached to the anchor to provide the gap.
However, D’Amico discloses a comparable dispenser (fig. 1) provided with an anchor 60 arranged within the housing 20, 50, wherein the solid article is releasably attached (par. 31: “A retention mechanism may be configured to provide temporary … securement”; various examples at the end of paragraph 31 are also releasable attachment) to the anchor to provide gaps around the substrate (see fig. 3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bernaducci to incorporate the teachings of D’Amico to provide an anchor arranged within the housing, wherein the solid article is releasably attached to the anchor to provide the gap. Doing so would yield the predictable result of facilitating securement of the solid article within the housing in the desired positioning and also consequently prevent dislodge during handling of the device after opening.
Regarding claim 12, Bernaducci, as modified above, discloses the dispenser according to claim 4, wherein the anchor (D’Amico, item 60) is comprised in an article holder (D’Amico interior space or Bernaducci: center interior space defined by each compartment to receive the gel; see fig. 3).
Regarding claim 13, Bernaducci, as modified above, discloses the dispenser according to claim 12, wherein the article holder comprises a center opening configured for receiving the solid article (Bernaducci: center interior space defined by each compartment to receive the gel; see fig. 3).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-19 have been considered but are moot in light of the new ground of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUONGMINH NGUYEN PHAM whose telephone number is (571)270-0158. The examiner can normally be reached 9AM - 5PM M-F.
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/TUONGMINH N PHAM/Primary Examiner, Art Unit 3752
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