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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 6-16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Gonzalez (GB 2531044) in view of Wheatley (US 2004/0169091).
Regarding claim 1, Gonzalez (GB 2531044) discloses –
A flexible solid deodorizer for releasably interlocking to a volatile composition dispenser (Figs. 3-4 and 6, cartridge 14; p. 14 pars. 2-3 the body is a porous foam, which is a flexible solid as described in the instant specification), the solid deodorizer comprising:
a first central evaporative surface (Fig. 4, the top flat surface at projections 28),
a second central evaporative surface (Fig. 4 the tapered surface radially interior to the logo 32 or alternatively the backside of the cartridge 14), and
a peripheral evaporative surface (surface regions 29 on projections 28), wherein
the peripheral evaporative surface circumscribes at least a part of the first central evaporative surface and the second central evaporative surface to define a side of the deodorizer (Fig. 4 shows the regions 29 encompassing the other two surfaces which are radially interior to the region 29); wherein
the deodorizer is configured for releasably interlocking to the dispenser (Figs. 3 and 6 both show the cartridge 14 being reversibly coupled to a dispenser 10 and 50, respectively), wherein
at least a portion of the deodorizer is configured to releasably interlock with at least a portion of the dispenser to form a solid surface substantially free of an opening (figs. 3 and 6 both show the central hole 30 of cartridge 14 corresponding with portions of dispensers 10 and 50, including plug 56, to form a solid surface substantially free of an opening).
Gonzalez appears to be silent with regards to the material of the solid deodorizer being capable of shrinkage due to evaporation of the solid deodorizer.
Wheatley (US 2004/0169091) teaches an air freshener where the deodorizer comprises a gel formed of a polyester polyol that is cross-linked (claims 58-59, par. 37), which is the same as that disclosed in the specification as being the deodorizer material that is capable of the claimed shrinkage (p. 8 lines 18-22 of the instant application require a crosslinked polyol, which is disclosed in par. 37). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Gonzalez such that the deodorizer includes a polymer that includes a cross-linked polyester polyol as taught by Wheatley such that the deodorizer performs the claimed function of a shrinkage from an initial size to a reduced size due to evaporation upon exposure to an environment to arrive at the claimed invention. One would have been motivated to do so in order to use a polymer body that has the advantages of substantially constant scent release and containment as well as esthetics, flexibility, and longevity as set forth in Wheatley (par. 31) to arrive at an improved device. The simple substitution of familiar prior art elements for the same purpose, including different deodorizing compositions, according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(B).
Regarding claim 2, modified Gonzalez further teaches a shape of an outer profile of the solid deodorizer corresponds to an inner profile of the dispenser (Figs. 3 and 6 both show the cartridge 14 having an outer profile that corresponds to an inner surface of dispensers 10 and 50).
Regarding claim 3, modified Gonzalez further teaches the at least a portion of the deodorizer is configured for releasably locking to the at least a portion of the dispenser by one of:
interference fit, pressure fit, friction fit, and combinations thereof (p. 14 par. 3 discloses at least a friction fit).
Regarding claim 4, modified Gonzalez further teaches a shape of the at least a portion of the deodorizer corresponds to a shape of the at least a portion of the dispenser, wherein the at least a portion of the deodorizer comprises an anchor receiving component (central aperture 30), and the at least a portion of the dispenser comprises an anchor (plug 56 reads on the limitation of an anchor, and fig. 6 shows the deodorizer shape corresponding to the dispenser).
Regarding claim 6, modified Gonzalez further teaches he solid deodorizer is non- aqueous, and comprises less than 1% by weight of water (the cartridge 14 is a solid polymer foam, which is not made of water and therefore does not comprise more than 1% by weight of water; p. 14 par. 3).
Regarding claim 7, Gonzalez discloses the solid deodorizer comprises chemically cross-linked polyol (par. 37).
Regarding claim 8, modified Gonzalez further teaches the chemically cross-linked polyol comprises polyester polyol (claims 58-59, par. 37).
Regarding claim 9, modified Gonzalez further teaches A volatile composition dispenser comprising the solid deodorizer according to claim 1 (see the rejection of claim 1, dispenser 50); and
a releasable interlock for releasably interlocking the solid deodorizer to the dispenser (plug 56), wherein each of the first and second central evaporative surfaces are substantially free of contact with surfaces in the dispenser (the top surface 28 of cartridge 14 and the tapered radial surface proximate aperture 30 are both substantially free of contact with surfaces of the dispenser, or could at least be used in such a way that the surfaces are not in contact; MPEP 2114, II).
Regarding claim 10, modified Gonzalez further teaches the dispenser comprises an inner profile having a shape corresponding to the outer profile of the solid deodorizer (Fig. 6 shows the dispenser 50 having an inner space 18 corresponding the outer profile of the cartridge 14).
Regarding claim 11, modified Gonzalez further teaches a releasable mechanical interlock, a releasable chemical interlock, and combinations thereof (the plug 56 is a friction fit, and reads on the limitation of a releasable mechanical interlock; p. 14 par. 3).
Regarding claim 12, modified Gonzalez further teaches a releasable mechanical interlock (plug 56 locks the cartridge 14 in place; p. 14 par. 3), wherein
the at least a portion of the dispenser comprises an anchor disposed within the dispenser (the plug 56 is an anchor analogous to the anchor 18 of the instant disclosure set forth in fig. 5, and also in par. 1 on page 13); and the at least a portion of the deodorizer comprises an anchor receiving component located at the proximal end or distal end of the deodorizer (the central aperture 30 receives the plug 56 as claimed). Fig. 5 also shows an anchor at the lid 52 surrounding aperture 58 for securing the cartridge 14 in its entirety, a portion of which for example the tapered periphery, reading on an anchor receiving component.
Regarding claim 13, modified Gonzalez further teaches a size and a shape of the anchor is configured to corresponding to a size and a shape of the anchor receiving component (plug 56 and lid 52 surrounding aperture 58 both correspond to the cartridge 14 aperture 30 and the tapered outer surface of the cartridge 14).
Regarding claim 14, modified Gonzalez further teaches the dispenser comprises a housing comprising a housing inner surface (Fig. 6 shows cap 54 with an interior surface that is radially interior to the cap 54), wherein the anchor is disposed on the housing inner surface (the plug 56 is disposed on the inner surface of the cap 54).
Regarding claim 15, modified Gonzalez further teaches the dispenser comprises an article holder (Fig. 6 cap 54),
wherein the article holder comprises an opening (when the nozzle 52 is open as shown in fig. 6, an open top is formed) characterized by a size corresponding to a size of the solid deodorizer (the opening receives the cartridge 14 and therefore corresponds to the size of the solid deodorizer), wherein
the anchor is disposed on an inner surface of the opening (when the nozzle 52 is open as shown in fig. 6, the plug 56 is disposed on an inner surface of the opening formed at the top of cap 54).
Regarding claim 16, modified Gonzalez further teaches the solid deodorizer comprises a polyol derivative comprising polyester polyol (claims 58-59, par. 37).
Regarding claim 18, modified Gonzalez further teaches an anchor receiving component located at the proximal end or distal end of the deodorizer (the central aperture 30 is for receiving an anchor in the form of plug 56). Fig. 5 also shows an anchor at the lid 52 surrounding aperture 58 for securing the cartridge 14 in its entirety, a portion of which for example the tapered periphery, reading on an anchor receiving component.
Regarding claim 19, modified Gonzalez further teaches the anchor receiving component comprises an aperture extending between the first central evaporative surface and the second central evaporative surface (the aperture 30 extends between the front and back surfaces of the cartridge 14).
Response to Arguments
Applicant's arguments filed 4/3/26 have been fully considered but they are not persuasive.
Applicant’s arguments directed towards amended claim 1 are not persuasive. Applicant argues Gonzalez fails to teach the contested limitation that has been added by amendment which is not persuasive because Wheatley is relied upon for teaching this limitation.
Applicant’s arguments directed towards Wheatley are further not persuasive, as the combination of Gonzalez and Wheatley teach all of the structural limitations and claimed materials of the claimed invention including a polyester polyol, and therefore the prior art combination is expected to perform the claimed functions and have the claimed characteristics. See MPEP 2112(II) and 2112.01.
Applicant’s arguments that Wheatley teaches against this limitation are further not persuasive. Wheatley in the quoted section contested on page 7 of the remarks sets forth an embodiment including a polymer gel that is “freestanding, self-supported … that does not significantly change as the scent is released”, and this teaching does not disclose the gel is incapable of shrinkage due to evaporation. The teaching of Wheatley is clearly one that is directed towards a gel that does not flow like a fluid but rather has a definite shape as set forth in paragraph 33 where the reference clarifies that this teaching indicates the gel is not “flowable”. Furthermore, even if the shape did not change “significantly” as Applicant claims, the claim does not require a significant change in shape and only merely requires some shrinkage. Lastly, the materials taught by the combination of Gonzalez and Wheatley are the same as the ones claimed and all the structure is present as set forth above, and the burden is herein shifted to Applicant to provide evidence that the device as claimed performs the function where the prior art could not.
Claim 1 remains rejected. The remaining claims remain rejected similarly.
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.
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/BRENDAN A HENSEL/ Examiner, Art Unit 1758
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