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 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 48, 50-55, 58, 63, and 65-67 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 10,384,032 (LaPorte et al.) in view of U.S. Patent Application Publication No. 2017/0128003 (Lim).
Regarding claim 48, LaPorte teaches a method for adjusting a circadian phase of a subjects (Figure 3; col. 10, lines 3-5), the method comprising:
providing an olfactory dispensing unit (672) (col. 6, lines 4-27; col. 11, lines 47-50; col. 12, lines 21-24; Figures 1C, 3, and 6);
actuating the olfactory dispensing unit (672) using a control unit (670), wherein the control unit receives and stores data from one or more sensors (180), and wherein the data is indicative of the subject’s circadian phase (controller controls scent diffusion based on sensed and stored sleep data: col. 8, lines 10-25; col. 10, lines 3-32; controller 670 controls diffusing system 672 to alter dispersal of scent(s) based on sleep phase: col. 6, lines 4-27; col. 11, lines 47-50; col. 12, lines 21-24; Figures 1C and 6);
performing, using the one or more sensors (180), a function selected from the group consisting of estimating and tracking activity and inactivity data for the subject, collecting and monitoring consciousness patterns data for the subject, and quantifying measurements of circadian phase the subject (col. 2, lines 38-43; sleep monitoring device 180 detects consciousness pattern data, col. 8, lines 10-25; col. 10, lines 3-32);
inputting, using a user interface (140, 406), control commands for using the control unit (670) to actuate the olfactory dispensing unit (672) to dispense the olfactory agents (interface 140, may include button 406, may receive user input including configuration information, controller state adjustments: col. 6, lines 41-62; user input adjust scent, col. 10, lines 53-61);
electronically communicating, between the olfactory dispensing unit (672) and the control unit (670) and between the user interface (180, 406) and control unit (670) (Figure 1C; elements in electronic communication as the controller 670 controls dispensing unit 672 and the user input 140 controls controller operation: col. 6, lines 41-62; col. 10, lines 53-55); and
dispensing of the olfactory agents, thereby modulating the circadian phase of the subject in response to a condition of the subject and an environment of the subject, as iteratively measured by the one or more sensors (LaPorte teaches scents dispersed in accordance with detected sleep phase and environmental state of user: col. 6, lines 6-40; “sleep monitoring device 180 may capture information regarding the user’s state (awake, asleep, sleep cycle, etc.” and “ambient condition controller” configured to a state corresponding to detected state of user, col. 8, lines 10-35, and “changes made to a phase may be averaged over time”, “past history”, col. 9, lines 55-66, thus circadian phase iteratively, or repeatedly, measured by sensor(s); col. 9, lines 61-63; col. 10, lines 12-32 and lines 53-66; Figure 6. Since sleep is part of a biological 24-hour rhythm that is impacted and modulated by the dispersed scents, the reference teaches modulating “a circadian phase” in response to sensed data.).
LaPorte does not specify the sensor data received and stored by the control unit is timestamped.
However, Lim teaches a method for measuring a circadian phase of a subject (sleep monitoring system, abstract), comprising: a control unit (550) and one or more sensors, wherein the control unit receives and stores timestamped data from the one or more sensors, and wherein the data is indicative of the subject’s circadian phase ([0116]; [0118]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sensor data of LaPorte to be timestamped as taught by Lim in order to “maintain a time-stamped historical record” of the received sensor data ([0118]).
Regarding claim 50, LaPorte in view of Lim teaches all the limitations of claim 38. LaPorte teaches the control unit (670) actuates the olfactory dispensing unit (372) as a function of time, according to a formulation, using a timing device configured to keep time (time monitored by controller circuitry construed as “timing device”, col. 10, lines 19-32; Figure 2), memory (662) to store the formulation and data from the one or more sensors (180) and other system components, using a processor (660) to compute relevant parameters and adjust the formulation in real-time to control timing when the olfactory agents are dispensed and amounts indicating a quantity of the olfactory agents to dispense (controller controls scent diffusion based on sensed and stored sleep data: col. 8, lines 10-25; col. 10, lines 3-32; controller 670 controls diffusing system 672 to alter dispersal of scent(s) based on sleep phase: col. 6, lines 4-27; col. 11, lines 47-50; col. 12, lines 21-24; Figure 2),
wherein the olfactory dispensing unit (672) is configured to dispense the olfactory agents using an actuator that uses at least one mechanism selected from the group consisting of electrical heating of olfactory agents comprising one or more liquids actuated by the control unit at specific times designated by the formulation to cause evaporation, ultrasonic nebulizers comprising a vibrating transducer actuated by the control unit, air-stream atomizers comprising an air- stream generator actuated by the control unit, and volatile substances stored in a container that is opened and closed by the control unit to respectively allow and prevent vapors of the olfactory agents to propagate out of the olfactory dispensing unit and into the environment of the one or more subjects (ultrasonic diffusers 640, 642 “break oil particles to micro-molecules to disperse the oil into the air as ions”, col. 12, lines 21-29).
Regarding claim 51, LaPorte in view of Lim teaches all the limitations of claim 38. LaPorte teaches the olfactory agents comprise one or more agents selected from the group consisting of central nervous system depressants and a central nervous system stimulator (“agents” construed as essential oils for both waking up and relaxing the user, thus oils disclosed are considered to include both central nervous system depressants and stimulators, col. 1, line 64-col. 2, line 1 and col. 2, lines 24-29).
Regarding claim 52, LaPorte teaches a system for adjusting a circadian phase of a subject, the system comprising:
an olfactory dispensing unit (672) configured to dispense olfactory agents (col. 6, lines 4-27; col. 11, lines 47-50; col. 12, lines 21-24; Figures 1C and 6);
a control unit (670) configured to actuate the olfactory dispensing unit (672) and to receive and store data indicative of the subject’s circadian phase from one or more sensors (180), wherein the one or more sensors are configured to perform one or more functions selected from the group consisting of estimating and tracking activity and inactivity data for the subject, collecting and monitoring consciousness patterns data for the subject, and quantifying measurements of circadian phase for the subject (controller controls scent diffusion based on sensed and stored sleep data: col. 8, lines 10-25; col. 10, lines 3-32; controller 670 controls diffusing system 672 to alter dispersal of scent(s) based on sleep phase: col. 6, lines 4-27; col. 11, lines 47-50; col. 12, lines 21-24; Figures 1C and 6);
a user interface (140) operative to receive control commands, input from a user, for using the control unit (670) to actuate the olfactory dispensing unit (672) to dispense the olfactory agents (interface 140 may receive user input including configuration information, controller state adjustments: col. 6, lines 41-62; user input adjust scent, col. 10, lines 53-55);
wherein the olfactory dispensing unit (672) and the control unit (670) are configured to be in electronic communication and wherein the user interface (140) and the control unit (670) are configured to be in electronic communication (Figure 1C; elements in electronic communication as the controller 670 controls dispensing unit 672 and the user input 140 controls controller operation: col. 6, lines 41-62; col. 10, lines 53-55); and
wherein dispensing of the olfactory agents is configured to modulate the circadian phase of the subject in response to a condition of the subject and an environment of the subject, as iteratively measured by the one or more sensors (LaPorte teaches scents dispersed in accordance with detected sleep phase and environmental state of user: col. 6, lines 6-40; awake, asleep, sleep cycle, etc.” and “ambient condition controller” configured to a state corresponding to detected state of user, col. 8, lines 10-35, and “changes made to a phase may be averaged over time”, “past history”, col. 9, lines 55-66, thus circadian phase iteratively, or repeatedly, measured by sensor(s); col. 9, lines 61-63; col. 10, lines 12-32 and lines 53-66. Since sleep is part of a biological 24-hour rhythm that is impacted and modulated by the dispersed scents, the reference teaches modulating “a circadian phase and consciousness state” in response to sensed data.).
LaPorte does not specify the sensor data received and stored by the control unit is timestamped.
However, Lim teaches a method for measuring a circadian phase of a subject (sleep monitoring system, abstract), comprising: a control unit (550) and one or more sensors, wherein the control unit receives and stores timestamped data from the one or more sensors, and wherein the data is indicative of the subject’s circadian phase ([0116]; [0118]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sensor data of LaPorte to be timestamped as taught by Lim in order to “maintain a time-stamped historical record” of the received sensor data ([0118]).
Regarding claim 53, LaPorte in view of Lim teaches all the limitations of claim 52. LaPorte teaches the olfactory dispensing unit (672) comprises one or more containers that store the olfactory agents, and one or more actuators that dispense the olfactory agents into the environment of the subject (ultrasonic diffusers 640, 642 contain oils and include ultrasonic actuators and a fan 630 for oil dispersal: col. 12, lines 21-31).
Regarding claim 54, LaPorte in view of Lim teaches all the limitations of claim 52. LaPorte teaches the control unit (670) actuates the olfactory dispensing unit (372) as a function of time, according to a formulation, using a timing device configured to keep time (time monitored by controller circuitry construed as “timing device”, col. 10, lines 19-32; Figure 2), memory (662) to store the formulation and data from the one or more sensors (180) and other system components, using a processor (660) to compute relevant parameters and adjust the formulation in real-time to control timing when the olfactory agents are dispensed and amounts indicating a quantity of the olfactory agents to dispense (controller controls scent diffusion based on sensed and stored sleep data: col. 8, lines 10-25; col. 10, lines 3-32; controller 670 controls diffusing system 672 to alter dispersal of scent(s) based on sleep phase: col. 6, lines 4-27; col. 11, lines 47-50; col. 12, lines 21-24; Figure 2),
wherein the olfactory dispensing unit (672) is configured to dispense the olfactory agents using an actuator that uses at least one mechanism selected from the group consisting of electrical heating of olfactory agents comprising one or more liquids actuated by the control unit at specific times designated by the formulation to cause evaporation, ultrasonic nebulizers comprising a vibrating transducer actuated by the control unit, air-stream atomizers comprising an air- stream generator actuated by the control unit, and volatile substances stored in a container that is opened and closed by the control unit to respectively allow and prevent vapors of the olfactory agents to propagate out of the olfactory dispensing unit and into the environment of the subject (ultrasonic diffusers 640, 642 “break oil particles to micro-molecules to disperse the oil into the air as ions”, col. 12, lines 21-29).
Regarding claim 55, LaPorte in view of Lim teaches all the limitations of claim 52. LaPorte teaches the consciousness patterns comprise the subjects’ sleep/wake patterns; and wherein the olfactory agents are configured to modulate sleep/wake patterns of the subject (“ambient sleep system may detect sleep patterns and adjust the phases accordingly” and change settings of olfactory emissions for each phase, col. 9, lines 55-66; controller 670 controls diffusing system 672 to alter dispersal of scent(s) based on sleep phase: col. 6, lines 4-27; col. 11, lines 47-50; col. 12, lines 21-24; Figures 1C and 6; see discussion for claim 52).
Regarding claim 58, LaPorte in view of Lim teaches all the limitations of claim 52. LaPorte teaches at least one smart olfactory dispensing unit (672) and software configured to track sleep history information of the subject (sleep history, col. 9, lines 55-66), then set a sleep-and-wake schedule for the subject and designate specific olfactory agents assigned to activity events selected from the group consisting of bedtime, risetime, nap time, awake time and combinations thereof, wherein the olfactory agents will be automatically dispensed at specific times of day to facilitate at least one action selected from the group consisting of sleep, wake, increased energy, and relaxation, wherein the system uses algorithms to avoid habituation to olfactory agents relative to onset of activity events (changes to phases and olfactory cue programming made based on sleep history to adjust at least bedtime to affect sleep and relaxation, col. 9, lines 55-67).
Regarding claim 63, LaPorte in view of Lim teaches all the limitations of claim 52. LaPorte teaches the control unit (670, smartphone) is physically separated from the olfactory dispensing unit (672) and communicates electronically with the olfactory dispensing unit using wired or wireless technologies, wherein the control unit uses processors, memory, and dedicated software that control the system and the control unit is physically connected to the user interface configured to receive the input from the user to modify parameters of the system and adjust a formulation of the olfactory agents (“control unit” construed as controller 670 and smartphone wirelessly coupled to diffusing system 672, col. 11, lines 30-44).
Regarding claim 65, LaPorte in view of Lim teaches all the limitations of claim 52. LaPorte teaches a fan (630), configured to circulate air through the system (col. 12, lines 30-32).
Regarding claim 66, LaPorte in view of Lim teaches all the limitations of claim 52. LaPorte teaches the olfactory agents comprise one or more agents selected from the group consisting of central nervous system depressants and a central nervous system stimulator (“agents” construed as essential oils for both waking up and relaxing the user, thus oils disclosed are considered to include both central nervous system depressants and stimulators, col. 1, line 64-col. 2, line 1 and col. 2, lines 24-29).
Regarding claim 67, LaPorte in view of Lim teaches all the limitations of claim 52. LaPorte et al. teaches the subject is a human (col. 1, line 46; col. 5, line 48).
Claims 49, 56, and 57 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 10,384,032 (LaPorte et al.) in view of U.S. Patent Application Publication No. 2017/0128003 (Lim) as applied to claims 48 and 52, and further in view of U.S. Patent Application Publication No. 2006/0106275 (Raniere et al.).
Regarding claims 49 and 56, LaPorte in view of Lim teaches all the limitations of claim 72 or 81. LaPorte teaches the one or more sensors (180) are configured to perform collecting and monitoring of consciousness pattern data of the subject, and wherein the control unit (670) uses consciousness pattern data of the subject to optimize a formulation of the olfactory agents in real-time to provide cues to achieve a stimuli response in the subject, wherein the stimuli response comprises one or more actions selected from the group consisting of shifting of timing of sleep, reducing sleep onset latency, enhancing sleep consolidation and reducing variability in sleep patterns (controller 670 controls diffusing system 672 to alter dispersal of scent(s) based on determined sleep phase to at least shift timing of sleep, and reduce variability in sleep patterns: col. 6, lines 4-27; col. 8, lines 16-20; col. 10, lines 12-32; col. 11, lines 47-50; col. 12, lines 21-24). LaPorte does not specify the type of sensor(s), such that the sensor(s) quantify the sleep and circadian rhythm of the subject by sensing at least one signal selected from the group consisting of rest and activity cycles using actigraphy, signals using polysomnography, skin temperature, sleep onset time and duration, environmental light exposure, total light dosage received by the subject over a period of time, pulse oximetry, blood oxygen saturation levels, and skin secretions of the one or more subjects.
However, Raniere teaches a system and method for adjusting consciousness patterns and circadian phase of the subject (abstract), comprising: sensing at least one signal, wherein the at least one signal is of a type selected from the group consisting of polysomnography, skin temperature, pulse oximetry, blood oxygen saturation levels, and skin secretions of the subject, for quantifying the sleep and circadian rhythm of the one or more subjects ([0023]-[0028]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sleep monitoring device of LaPorte as modified to include one or more sensors detecting polysomnography, skin temperature, pulse oximetry, blood oxygen saturation levels, and skin secretions of the one or more subjects as taught by Raniere, because detecting such physiological characteristics provide signals indicative of a sleep phase or level of consciousness to thereby inform stimulation delivery ([0023]; [0028]).
Regarding claim 57, LaPorte in view of Lim and Raniere teaches all the limitations of claim 52. LaPorte teaches wherein the control unit (670) uses consciousness patterns data of each of the subject to optimize a formulation of the olfactory agents in real-time to provide cues to achieve a stimuli response in the subject, wherein the stimuli response comprises one or more actions selected from the group consisting of shifting of timing of sleep, adjusting circadian phase, enhancing alertness, enhancing performance, reducing sleep onset latency, enhancing sleep consolidation and reducing variability in sleep patterns and adjusting mood (real-time sleep data captured, and olfactory cues adjusted based on captured data in order to adjust to the user falling asleep faster than expected, keep the user asleep if they start to wake too soon, and assist the user in staying asleep: col. 8, lines 24-50, lines 54-col. 9, line 23. Accordingly, the control unit uses sleep data to optimizing olfactory cues in real time to shift the timing of sleep, reduce sleep onset latency, enhance sleep consolidation, and reduce variability in sleep patterns.).
Claim 59 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 10,384,032 (LaPorte et al.) in view of U.S. Patent Application Publication No. 2017/0128003 (Lim) as applied to claim 52, and further in view of U.S. Patent Application Publication No. 2013/0338446 (Van Vugt et al.).
Regarding claim 59, LaPorte in view of Lim teaches all the limitations of claim 52. LaPorte teaches the one or more sensors (180) are configured to sense the environment of the subject allowing the system to control a quantity of olfactory agents present in the environment of the subject (scents adjusted based on environment light and/or sound, etc.: col. 6, lines 4-40; microphone, col. 7, lines 4-17). LaPorte does not specify the sensor(s) are configured to directly measure the concentration of olfactory agents in air of the environment of the subject, wherein the one or more sensors comprise a sensor selected from the group consisting of sensors configured for estimating concentrations in air for certain specific gases, sensors configured for estimating concentrations in air for volatile organic compounds, sensors that map aromas to images and combinations thereof.
However, Van Vugt teaches a sleep monitoring device (abstract), comprising sensors configured to sense the environment of a subject by directly measuring the concentration of olfactory agents of the environment of the subject, wherein the one or more sensors comprise a sensor selected from the group consisting of sensors configured for estimating concentrations in air for certain specific gases, sensors configured for estimating concentrations in air for volatile organic compounds, sensors that map aromas to images and combinations thereof (air quality sensor detecting oxygen, nitrogen, and/or scent, [0015]; [0052]; sleep sensor, [0053]-[0054]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of LaPorte as modified to include a sensor configured to directly measuring the concentration of olfactory agents of the environment of the subject, comprising a sensor configured for certain specific gases and a sensor configured for estimating concentrations in air for volatile organic compounds as taught by Van Vugt ([0052]).
Claim 60 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 10,384,032 (LaPorte et al.) in view of U.S. Patent Application Publication No. 2017/0128003 (Lim) as applied to claim 52, and further in view of U.S. Patent Application Publication No. 2004/0033279 (Warrenburg et al.).
Regarding claim 60, LaPorte in view of Lim teaches all the limitations of claim 52. LaPorte teaches a formulation comprises a list of times and desired concentrations of the olfactory agents at each time (col. 6, lines 7-27; col. 11, lines 39-41). LaPorte does not specify the concentrations of olfactory agents for use the formulation are determined from measured amounts of the olfactory agents absorbed by the subject over a certain exposure period, and wherein concentrations of olfactory agents for use in the formulation are measured using absolute units, empirical units and combinations thereof.
However, Warrenburg teaches a system for delivering olfactory agents to a user to induce relaxation (abstract), wherein the olfactory agents have concentrations determined from measured amounts of the agents absorbed by a subject over a certain exposure period, wherein the concentrations of the olfactory agents are measured using absolute units, empirical units, and combinations thereof (“concentration, C, preferably from about 1 nanogram per liter up to about 125 micrograms per liter and (iii) inhalation rate…preferably from about 1 microgram/hour up to about 45 milligrams/hour, of one or more fragrance compositions”, [0019]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of LaPorte as modified such that the concentrations of olfactory agents are determined from measured amounts of the agents absorbed by the subject over a certain exposure period, wherein the concentrations of the olfactory agents are measured using absolute units, empirical units, and combinations thereof as taught by Warrenburg in order to provide precise concentrations of olfactory agents to produce the desired effect, such as relaxation, in the subject ([0019]).
Claim 61 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 10,384,032 (LaPorte et al.) in view of U.S. Patent Application Publication No. 2017/0128003 (Lim) as applied to claim 52, and further in view of JP 2019501354 (see attached machine translation).
Regarding claim 61, LaPorte in view of Lim teaches all the limitations of claim 52. LaPorte teaches the control unit (670) actuates the olfactory dispensing unit (672) to dispense olfactory agents with output and intensity based upon measurements of circadian phase to determine adequate concentrations of a formulation and the olfactory agents in an environment of the subject (controller controls scent diffusion based on sensed and stored sleep data: col. 8, lines 10-25; col. 10, lines 3-32; controller 670 controls diffusing system 672 to alter dispersal of scent(s) based on sleep phase: col. 6, lines 4-27; col. 11, lines 47-50; col. 12, lines 21-24; Figures 1C and 6). LaPorte does not teach the output and intensity is based upon application of machine learning techniques.
However, the ‘354 document teaches a system for delivering olfactory agents to one or more users (abstract), comprising: a control unit that actuates an olfactory dispensing unit to dispense olfactory agents with output and intensity based upon an application of machine learning techniques to indirectly infer adequate concentrations of a formulation of the olfactory agents (see translation, pg. 8, paragraph 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of LaPorte as modified such that the concentrations of the olfactory agents are determined via machine learning techniques as taught by the ‘354 document in order to determine the optimal concentrations based on the one or more subject’s historical data over time (see translation, pg. 8, paragraph 6).
Claim 62 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 10,384,032 (LaPorte et al.) in view of U.S. Patent Application Publication No. 2017/0128003 (Lim) as applied to claim 52, and further in view of U.S. Patent Application Publication No. 2009/0200399 (McGee et al.).
Regarding claim 62, LaPorte in view of Lim teaches all the limitations of claim 52. LaPorte teaches the olfactory dispensing unit (672) and the control unit (670) are both contained within a physical device that further comprises a wireless communication unit (col. 11, lines 30-44), and wherein a formulation is stored in memory of the control unit controlling dispensing of the olfactory agents and the control unit is controlled remotely using wireless electronic communication sent from a separate device comprising the user interface configured to receive input from the user to modify parameters of the system and adjust formulation of the olfactory agents (wireless, smartphone control: col. 11, lines 30-44). LaPorte does not teach the device comprises a smart plug.
However, McGee teaches a system for dispensing olfactory agents (abstract), comprising: an olfactory dispensing unit and a control unit contained within a device comprising a smart plug (abstract; [0012]; [0020]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of LaPorte such that the olfactory dispensing unit and control unit are contained within a device comprising a smart plug as taught by McGee because such a configuration enables the device to be plugged directly into a power source “without the need for a power cord”, is desirable (popular, [0002]; [0006]).
Claim 64 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 10,384,032 (LaPorte et al.) in view of U.S. Patent Application Publication No. 2017/0128003 (Lim).
Regarding claim 64, LaPorte in view of Lim teaches all the limitations of claim 52. LaPorte teaches the control unit (670), olfactory dispensing unit (672), and the one or more sensors communicate electronically (see discussion for claim 52). LaPorte does not expressly state in the cited embodiment the communication uses transceivers, wireless communication units and wireless routers configured to operate using wireless technology standards selected from the group consisting of Bluetooth, Bluetooth low energy (BLE), Zigbee, Wi-Fi, infrared, near field communication and combinations thereof.
However, LaPorte teaches an alternative system embodiment wherein a control unit (190), olfactory dispensing unit (162, 164), and other elements of the system communicate electronically via transceivers, wireless communication units and wireless routers configured to operate using wireless technology standards selected from the group consisting of Bluetooth, Bluetooth low energy (BLE), Zigbee, Wi-Fi, infrared, near field communication and combinations thereof (col. 7, lines 18-54; col. 7, line 66-col. 8, line 5; Figure 1B). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Figure 6 of LaPorte such that the control unit, olfactory dispensing unit, and one or more sensors communicate electronically via transceivers, wireless communication units and wireless routers configured to operate using wireless technology standards selected from the group consisting of Bluetooth, Bluetooth low energy (BLE) Zigbee, and Wi-Fi as taught by LaPorte Figure 4, in order to facilitate remote communication with multiple system components, increasing flexibility of use.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 48-57, 63, and 65-67 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,558,513 in view of U.S. Patent Application Publication No. 2017/0128003 (Lim).
Regarding instant claims 48 and 52, claims 10 and 1 of the ‘513 patent, respectively, recite all the limitations of claim 48, except the limitation “wherein the control unit receives and stores timestamped data from one or more sensors”.
However, Lim teaches a method and system for measuring a circadian phase of a subject (sleep monitoring system, abstract), comprising: a control unit (550) and one or more sensors, wherein the control unit receives and stores timestamped data from the one or more sensors, and wherein the data is indicative of the subject’s circadian phase ([0116]; [0118]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sensor data of LaPorte to be timestamped as taught by Lim in order to “maintain a time-stamped historical record” of the received sensor data ([0118]).
Regarding instant claims 49-51, 53-57, 63, and 65-67, claims 1-16 of the ‘513 patent in view of Lim recites all the limitations therein.
Response to Arguments
Applicant’s arguments, see pages 9-11, filed 28 May 2026, with respect to informality objections and rejections under 35 U.S.C. 101 and 112 have been fully considered and are persuasive in light of the amendments to the claims. The objections and rejections of 29 December 2025 have been withdrawn.
Applicant’s arguments, see pages 11-15, filed 28 May 2026, with respect to the rejections under 35 U.S.C. 102 and 103 have been fully considered and are persuasive in light of the amendments to the claims. Therefore, the rejections have been withdrawn. However, as necessitated by the amendments to the claims and upon further consideration, a new ground(s) of rejection is made in view of LaPorte and Lim as these references better teach and/or fairly suggest the limitations as claimed.
The obviousness-type double patenting rejections have been maintained as noted above.
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 Carrie R Dorna whose telephone number is (571)270-7483. The examiner can normally be reached 8am-5pm.
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/CARRIE R DORNA/Primary Examiner, Art Unit 3791
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