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 .
Response to Amendment
Claim amendments filed 28 January 2026 are acknowledged. Claims 1-5, 7-18, and 20 are pending with claims 6 and 19 being cancelled.
Amendments to the drawings/specification are sufficient to overcome each and every objection previously presented in the Non-Final Office Action mailed 04 November 2025.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 14 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.
The addition of the limitation a first shape of a first scent carrier of the plurality of scent carriers interlocks with a second shape of a second scent carrier is sufficient to overcome the previously presented 35 U.S.C. 102(a)(1) rejections. However, Bade (WO 2019137619 A1) teaches the delivery of a fragrance via a carrier that interconnects in a manner similar to a puzzle (Figure 4) where each puzzle piece is a carrier material corresponding to a fragrance. Therefore, a combination of Irwin and Bade would render the current invention obvious. Therefore new rejections for claims 1 and 14 are presented with respect to 35 U.S.C. 103 in view of Irwin with respect to Bade.
Following the above logic, the 35 U.S.C. 102(a)(1) rejections of claims 2-5, 7-8, 10, 15-18, and 20 have been withdrawn, but after further consideration new grounds of rejections are made in view of 35 U.S.C. 103 with respect to Irwin in view of 35 U.S.C. 103. Similarly, the 35 U.S.C. 103 rejections of claims 11-13 are withdrawn, but new grounds of rejections are made in view of 35 U.S.C. 103 with respect to Irwin and Bade in view of Onley. The 35 U.S.C. 103 rejection of claim 9 has been withdrawn, but a new ground of rejection is made in view of 35 U.S.C. 103 with respect to Irwin and Bade in view of Iliffe-Moon.
The rejections of claims 6 and 19 are withdrawn due to the claims being cancelled.
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries 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.
Claims 1-5, 7-8, 10, 14-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Irwin (US 20140076991 A1) in view of Bade (WO 2019137619 A1).
Regarding claim 1, Irwin teaches a replaceable cartridge for a scent dispensing system (fragrance object to be replaced, abstract), the replaceable cartridge comprising: a scent medium comprising a plurality of scent carriers (a plurality of solid state fragrance objects, paragraph [0009]), wherein: a surface area of the scent medium is configured to control a diffusion rate of a scent from the scent medium (fragrance object can have a surface area to provide a certain transmission rate, paragraph [0026]), and a shape of the scent medium remains constant in different environmental conditions (configured as a solid shape, paragraph [0026]); and a body surrounding a chamber for housing the scent medium, wherein at least a portion of the body is transparent or translucent (enclosure comprises two pieces, a transparent or translucent face plate and an opaque back and enclosure contains solid material, paragraph [0049]), but does not teach a first shape of a first scent carrier of the plurality of the scent carriers interlocks with a second shape of a second scent carrier of the plurality of scent carriers. However, Bade teaches a first shape of a first scent carrier of the plurality of the scent carriers interlocks with a second shape of a second scent carrier of the plurality of scent carriers (Figure 4 article “10” for delivery of a fragrance with interconnected carrier materials “42a”, “b”, “c”, “d”, “e”, and “f”, and first carrier material comprising at least one first fragrance and second carrier material comprises at least one second fragrance, page 36 lines 30-32).
Irwin and Bade are considered analogous to the current invention because all are in field of cartridge scent carrier devices. Therefore, it would have been obvious to one of ordinary skill in the art to combine the cartridge device taught by Irwin with a first scent carrier interlocking with a second scent carrier as taught by Bade because Bade teaches the selective interconnectivity allows the first and second fragrances to be released simultaneously (page 1 lines 5-6).
Regarding claim 2, the combination of Irwin and Bade teaches wherein at least one scent carrier of the plurality of scent carriers has a hollow shape or an open shape (inner portion of the solid material is hollow, paragraph [0035], Irwin).
Regarding claim 3, the combination of Irwin and Bade teaches wherein at least one scent carrier of the plurality of scent carriers has an open cavity (solid material includes protuberances projecting into the hollow interior portion, paragraph [0036], Irwin).
Regarding claim 4, the combination of Irwin and Bade teaches wherein at least one scent carrier of the plurality of scent carriers has a closed shape (solid material is disposed within a dispenser operable to move between an enclosed position and an exposed position, paragraph [0047], Irwin).
Regarding claim 5, the combination of Irwin and Bade teaches d the scent medium further comprises air cavities between adjacent ones of the plurality of scent carriers (screen includes a plurality of apertures, paragraph [0051], Irwin).
Regarding claim 7, the combination of Irwin and Bade teaches wherein respective surface areas of the plurality of scent carriers are configured to control the diffusion rate of the scent from the scent medium (fragrance object can have a surface area to provide a certain transmission rate, paragraph [0026], Irwin).
Regarding claim 8, the combination of Irwin and Bade teaches wherein at least one of a color, a texture, a gloss, or the shape of the scent medium is configured to correspond to the scent (formed in various shapes, designs, and colors to provide a scent design theme, paragraph [0041], Irwin).
Regarding claim 10, the combination of Irwin and Bade teaches wherein the body comprises an aperture that enables air to flow through the chamber (air can flow through the hollow interior portion, paragraph [0036], Irwin).
Regarding claim 14, Irwin teaches a method of forming a replaceable cartridge for a scent dispensing system (solid state fragrance object can be formed in various shapes and sizes, paragraph [0033], and solid material configured as a cartridge, paragraph [0047]), the method comprising: encapsulating a scent in a polymer material (solid material includes a polyether block amide that has absorbed a volatile molecule such as a fragrance component, paragraph [0030]); performing injection molding or extrusion molding of the polymer material to form a scent medium comprising a plurality of scent carriers (material and fragrance component process by injection or extrusion molding, paragraph [0045], and a plurality of solid state fragrance objects, paragraph [0009]); wherein: a surface area of the scent medium is configured to control a diffusion rate of a scent from the scent medium (fragrance object can have a surface area to provide a certain transmission rate, paragraph [0026]), and a shape of the scent medium remains constant in different environmental conditions (configured as a solid shape, paragraph [0026]); and a body surrounding a chamber for housing the scent medium, wherein at least a portion of the body is transparent or translucent (enclosure comprises two pieces, a transparent or translucent face plate and an opaque back and enclosure contains solid material, paragraph [0049]), but does not teach a first shape of a first scent carrier of the plurality of the scent carriers interlocks with a second shape of a second scent carrier of the plurality of scent carriers. However, Bade teaches a first shape of a first scent carrier of the plurality of the scent carriers interlocks with a second shape of a second scent carrier of the plurality of scent carriers (Figure 4 article “10” for delivery of a fragrance with interconnected carrier materials “42a”, “b”, “c”, “d”, “e”, and “f”, and first carrier material comprising at least one first fragrance and second carrier material comprises at least one second fragrance, page 36 lines 30-32).
Irwin and Bade are considered analogous to the current invention because all are in field of cartridge scent carrier devices. Therefore, it would have been obvious to one of ordinary skill in the art to combine the cartridge device taught by Irwin with a first scent carrier interlocking with a second scent carrier as taught by Bade because Bade teaches the selective interconnectivity allows the first and second fragrances to be released simultaneously (page 1 lines 5-6).
Regarding claim 15, the combination of Irwin and Bade teaches wherein at least one scent carrier of the plurality of scent carriers is formed to have a hollow shape or an open shape (inner portion of the solid material is hollow, paragraph [0035], Irwin).
Regarding claim 16, the combination of Irwin and Bade teaches wherein at least one scent carrier of the plurality of scent carriers is formed to have an open cavity (solid material includes protuberances projecting into the hollow interior portion, paragraph [0036], Irwin).
Regarding claim 17, the combination of Irwin and Bade teaches wherein at least one scent carrier of the plurality of scent carriers is formed to have a closed shape (solid material is disposed within a dispenser operable to move between an enclosed position and an exposed position, paragraph [0047], Irwin).
Regarding claim 18, the combination of Irwin and Bade teaches wherein the scent medium further comprises air cavities between adjacent ones of the plurality of scent carriers (screen includes a plurality of apertures, paragraph [0051], Irwin).
Regarding claim 20, the combination of Irwin and Bade teaches wherein and respective surface areas of the plurality of scent carriers are configured to control the diffusion rate of the scent from the scent medium (fragrance object can have a surface area to provide a certain transmission rate, paragraph [0026], Irwin).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Irwin and Bade in view of Onley (GB 2560571 A).
Regarding claim 11, the combination of Irwin and Bade teaches all aspects of the current invention except a valve that is arranged at the aperture. However, Onley teaches a valve that is arranged at the aperture (valve may be provided at or near the inlet, page 8 line 19).
Irwin, Bade, and Onley are considered analogous to the current invention as all are in the field of cartridge scent carrier devices. Therefore, it would have been obvious to one of ordinary skill in the art to combine cartridge device taught by Irwin and Bade with the valve taught by Onley because Onley teaches the valve with advantageously regulate the air supply into the housing (page 8 lines 19-20).
Regarding claim 12, the combination of Irwin, Bade, and Onley teaches all aspects of the current invention including the replaceable cartridge according to claim 11 (see rejection for claim 11); an airflow source that is configured to generate an airflow (a fan operable to move air across the solid material, paragraph [0049], Irwin); and a controller that is configured to control the airflow source and the valve to send the airflow through the chamber (control signals may start and stop the flow of air through the fragrance dispenser, (page 12 lines 13-14, Onley).
Irwin, Bade, and Onley are considered analogous to the current invention as discussed above. Therefore, it would have been obvious to one of ordinary skill in the art to combine the cartridge device taught by Irwin and Bade with the controller taught by Onley because Onley teaches such control signals advantageously allow the system to control the amount of air through the fragrance dispenser and change which fragrance is being released (page 12 lines 15-16 and 18-19).
Regarding claim 13, the combination of Irwin, Bade, and Onley teaches all aspects of the current invention except a vehicle comprising: the scent dispensing system according to claim 12, wherein the scent dispensing system is integrated into a heating, ventilation, and air conditioning system of the vehicle; and a user interface that is configured to display a visual representation of the scent medium. However, Onley further teaches a vehicle (abstract) comprising: the scent dispensing system according to claim 12 (see rejection for claim 12), wherein the scent dispensing system is integrated into a heating, ventilation, and air conditioning system of the vehicle (air supply provided by HVAC system of the vehicle, page 8 lines 17-18); and a user interface that is configured to display a visual representation of the scent medium (HMI system of the vehicle reads information from the canister and displays relevant information on the screen, page 8 lines 21-22).
Irwin, Bade, and Onley are considered analogous to the current invention as discussed above. Therefore, it would have been obvious to one of ordinary skill in the art to further modify the scent cartridge device taught by Irwin, Bade, and Onley by integrating it into the system of a vehicle as taught by Onley because Onley teaches said integration would address the issue of uncontrolled fragrance diffusion presented by previous automotive fragrance dispensing means (page 1 lines 12-17).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Irwin and Bade in view of Iliffe-Moon (US 20210188047 A1).
Regarding claim 9¸ the combination of Irwin and Bade teaches all aspects of the current invention except wherein at least one of the scent medium or the body comprises a compostable material. However, Iliffe-Moon teaches wherein at least one of the scent medium or the body comprises a compostable material (packaging is disposable and biodegradable, paragraph [0038]).
Irwin, Bade, and Iliffe-Moon are considered analogous to the current invention because all are in the field of cartridge scent carrier devices. Therefore, it would have been obvious to one of ordinary skill in the art to combine the fragrance cartridge device taught by Irwin and Bade with the compostable material taught by Iliffe-Moon because Iliffe-Moon teaches it allows the cartridge to be disposed of in a more environmentally friendly way (paragraph [0038]).
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 KAYLA ROSE SARANTAKOS whose telephone number is (703)756-5524. The examiner can normally be reached Mon-Fri 7:00-4:00.
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/K.R.S./Examiner, Art Unit 1799
/DONALD R SPAMER/Primary Examiner, Art Unit 1799