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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 6 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
The claim recites “the controller calculates an amount of the volatile material in the refill based on the amount of time that the refill has been heated by the heater”, where the limitation “calculates” is a mental process that could reasonably be performed in the human mind. A human, either in their mind or only with crude tools like a pencil and paper, could perform a calculation as claimed.
This judicial exception is not integrated into a practical application because there is no application recited for the calculation. The controller performs the calculation, and then nothing happens.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the only additional elements of the claim are those recited in claim 1 which are nothing more than well-understood, routine, and conventional elements in the field of volatile material diffusion, particularly in view of Lima and Westring, which teach a dispenser, heater, circuit board, and illumination elements as set forth below.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 5-9, 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lima (US 2017/0119918) in view of Westring (US 2004/0009103).
Regarding claim 1, Lima (US 2017/0119918) discloses –
A dispensing system (title, Figs. 1-2), comprising:
a dispenser (particularly Fig. 2 showing dispenser 132) having a portion that is configured to illuminate one or more illumination elements (Fig. 2A-D output devices 210 that are LEDs; par. 115) and a rear portion from which a plug deck extends (Fig. 2B and D shows the plug 206 extending from backside 212 of portion 233),
the rear portion defining a receiving port (Fig. 2C-D where inner surface 216 has therein a cavity defining slots 222) that is configured to receive a refill (Fig. 2C shows the housing 200 receiving vials 250, this portion being part of the portion of the housing including the plug),
a heater assembly that is disposed within the rear portion and configured to heat a volatile material disposed in the refill (Fig. 2F shows heating elements 196 proximate the rear portion); and
a printed circuit board having a controller and being electrically coupled with the heater assembly (Fig. 2D main board 235 with controller 188; par. 123), the controller configured to:
control a temperature of the heater assembly (par. 123 discloses the controller performs the function of temperature feedback control when controlling the heating elements 196),
receive instruction via wireless communication from an electronic device (Fig. 1 shows a network, Figs. 16A-E show wireless interface 1600 of an electronic device for transmitting instruction, par. 91), and
communicate an amount of time that the refill has been heated by the heater assembly to the electronic device (pars. 62 and 66-67 disclose the duration the cartridge is used is part of the usage data 178 that is communicated to dispenser management application 160), wherein
the one or more illumination elements are configured to communicate a status of the dispenser to a user based on an operational status of the dispenser (par. 92 discloses the light emitted corresponding to a particular operation determined by a user input).
Lima appears to be silent with regards to the limitation that the illumination elements are located specifically at a front portion.
Westring (US 2004/0009103) discloses a dispensing device (title) wherein the front portion includes lights for indicating a stat us of operation of the device (Fig. 1 shows lights 170 on a front cover of device 20 that indicated a setting of the device, par. 74). 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 Lima such that the lighting elements are on the front portion of the device as taught by Westring to arrive at the claimed invention. One would have been motivated to do so to place the lights in the most visible part of the device where a user is best able to see the lights illumination characteristics to arrive at an improved dispensing device. The combination of familiar prior art elements, including lights on known parts of known dispensing devices, according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A).
Regarding claim 2, modified Lima further teaches the illumination elements are light emitting diodes (LEDs) (par. 115).
Regarding claim 5, modified Lima further teaches the rear portion includes an illumination region configured to illuminate a surface behind the dispenser (the output devices 210 include devices that would illuminate a space towards a rear of the dispenser, see fig. 2A).
Regarding claim 6, modified Lima further teaches the controller calculates an amount of the volatile material in the refill based on the amount of time that the refill has been heated by the heater (pars. 8-9 and 147 discloses the controller calculating an amount of material in the refill; pars. 157, 159 discloses the determined fill level is in part based on usage data).
Regarding claim 7, modified Lima further teaches the controller is configured to notify the dispenser when a predetermined amount of volatile material remains in the refill (par. 161 discloses that when a predetermined amount of material, the amount being 0, is left in the dispenser the dispenser is notified to change vials 250).
Regarding claim 8, modified Lima further teaches the volatile material is a fragrance (abstract).
Regarding claim 9, modified Lima further teaches at least one of a geo-location, a time of day, a season, or a weather forecast is used to determine a temperature of the heater (par. 102 discloses a time of day controls the operation of the device and therefore the heater operation to dispense or not).
Regarding claim 14, Lima discloses –
a dispenser (particularly Fig. 2 showing dispenser 132) comprising:
a portion that is configured to illuminate one or more illumination elements (Fig. 2A-D output devices 210 that are LEDs; par. 115)
a rear portion from which a plug deck extends (Fig. 2B and D shows the plug 206 extending from backside 212 of portion 233),
the rear portion defining a receiving port (Fig. 2C-D where inner surface 216 has therein a cavity defining slots 222) that is configured to receive a refill (Fig. 2C shows the housing 200 receiving vials 250, this portion being part of the portion of the housing including the plug),
a heater assembly that is disposed within the rear portion and configured to heat a volatile material disposed in the refill (Fig. 2F shows heating elements 196 proximate the rear portion); and
a printed circuit board having a controller and being electrically coupled with the heater assembly (Fig. 2D main board 235 with controller 188; par. 123), the controller configured to
regulate a temperature of the heater assembly (par. 123 discloses the controller performs the function of temperature feedback control when controlling the heating elements 196), and
receive instruction via wireless communication from an electronic device (Fig. 1 shows a network, Figs. 16A-E show wireless interface 1600 of an electronic device for transmitting instruction, par. 91), wherein
the refill is not visible when the dispensing device is viewed from a front side thereof when the refill is in thermal communication with the heater assembly (Lima meets this limitation because there are no explicit sides defined by the claim and an orientation of a “front side” is arbitrarily defined, and Lima can be viewed from an angle where the refill is not visible while in communication with the heater, like for example when the cover 204 is in place or from another side).
Lima appears to be silent with regards to the limitation that the illumination elements are transmitting light through a front portion.
Westring (US 2004/0009103) discloses a dispensing device (title) wherein the front portion includes lights for indicating a stat us of operation of the device (Fig. 1 shows lights 170 on a front cover of device 20 that indicated a setting of the device, par. 74). 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 Lima such that the lighting elements are on the front portion and transmit therethrough as taught by Westring to arrive at the claimed invention. One would have been motivated to do so to place the lights in the most visible part of the device where a user is best able to see the lights illumination characteristics to arrive at an improved dispensing device. The combination of familiar prior art elements, including lights on known parts of known dispensing devices, according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A).
Regarding claim 15, modified Lima further teaches the refill is visible when the dispensing device is viewed from a left or right side thereof when the refill is in thermal communication with the heater assembly (The refill of Lima is visible when viewed from arbitrarily defined left or ride sides of the device, like for example when the cover is not in place or when viewed from an offset angle. This limitation does not define any particular structural feature of the device, and the device of Lima could be viewed in this way by an observer and therefore the limitation is met).
Regarding claim 16, modified Lima appears to be silent with regards to the front portion defining a rounded rectangle periphery, however this modification would be merely a change in shape and has no patentable significance absence evidence the configuration is significant, MPEP 2144.04(IV)(B). The front cover being a different shape would not affect the manner in which the device performs its function and the configuration is merely an aesthetic difference, which is an obvious modification to make.
Regarding claim 17, modified Lima further teaches the rear portion includes a flanged aperture through which volatile material is configured to release once it has been heated (Figs. 2A-C ports for releasing air 214, par. 128; the cover 204 also has a corresponding aperture that rests on the port 214 that acts as a flange resting about and extending vertically from the periphery of the port 214).
Regarding claim 18, modified Lima further teaches a plurality of dimples on the housing (see figs. 2A-C showing decorative bubble-like grooves formed in both lid 204 and housing 200). Lima appears to be silent with regards to the dimples at least partially surrounding the flanged aperture. However, the inclusion of an of the dimples as forming rings that at least partially surround the flanged aperture has no particular mechanical function beyond what is disclosed in the prior art and the difference between the claimed invention and the prior art is merely one of aesthetics. Therefore, the modification of one of the dimples to form one or more “rings of dimples” as claimed would be nothing more than a difference in ornamentation which would provide no unique mechanical function and would be obvious as a result. MPEP 2144.04(I).
Regarding claim 19, modified Lima further teaches the heater assembly is aligned with the flanged aperture (Fig. 2C shows the refills 250 and the heater 196 which is above the refills as being aligned with one another for the exhaling of the diffused air; par. 128).
Regarding claim 20, modified Lima further teaches the controller is configured to regulate the temperature of the heater assembly based on a size of a room where the dispensing device is located (par. 138 discloses the volume requirement of a room is used to determine the rate at which the sent is diffused and the temperature of the heater accordingly).
Claims 3-4 and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Lima (US 2017/0119918) in view of Westring (US 2004/0009103) as applied to claim 1 above and further in view of Eade (US 2024/0157015) or over Lima (US 2017/0119918) in view of Eade (US 2024/0157015).
Regarding claims 3 and 4, Lima appears to be silent with regards to a light ring comprising an illumination region.
Eade (US 2024/0157015), with an effective filling date of at least 5/5/23, teaches a front portion that is configured to illuminate a light ring (Figs. 3-4 light ring 316 on lid 220 which is opposite a cup portion 200; pars. 72-74 disclose the light ring 314 are illuminated to indicated an operation status of the device by varying the illumination). 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 Lima such that the device includes a front portion that includes a light ring with an illumination region as taught by Eade to arrive at the claimed invention. One would have been motivated to do so to best display the status indicators to a user in an aesthetically pleasing manner to arrive at an improved device.
Regarding claim 4, modified Lima further teaches the light ring includes at least three illumination regions configured to illuminate in a pattern to communicate the status of the dispenser (pars. 72-74 disclose the light ring 314 are illuminated individually and in groups to indicated an operation status of the device by varying the illumination).
Regarding claim 10, Lima (US 2017/0119918) discloses –
A dispenser (title, abstract, figs. 1-2 dispenser 132), comprising:
a portion with illumination elements (Fig. 2A-D output devices 210 that are LEDs; par. 115);
a rear portion from which a plug deck extends (Fig. 2C-D where inner surface 216 has therein a cavity defining slots 222) that is configured to receive a refill (Fig. 2C shows the housing 200 receiving vials 250, this portion being part of the portion of the housing including the plug),
a heater assembly that is disposed within the rear portion and is configured to heat a volatile material disposed in the refill (Fig. 2F shows heating elements 196 proximate the rear portion); and
a printed circuit board having a controller and being electrically coupled with the heater assembly (Fig. 2D main board 235 with controller 188; par. 123),
the controller configured to regulate a temperature of the heater assembly (par. 123 discloses the controller performs the function of temperature feedback control when controlling the heating elements 196), wherein
the three or more illumination elements, in combination, are configured to communicate a status of the dispenser to a user at least by varying an illumination status of the illumination elements (par. 92 discloses the light emitted corresponding to a particular operation determined by a user input).
Lima appears to be silent with regards to the limitation that the illumination elements are 3 or more radially offset from and centered about a point on a front portion of the dispenser.
Eade (US 2024/0157015), with an effective filling date of at least 5/5/23, teaches a front portion that is configured to illuminate three or more illumination elements that are radially offset from and centered about a point (Figs. 3-4 light ring 316 on lid 220 which is opposite a cup portion 200; pars. 72-74 disclose the light ring 314 are illuminated to indicated an operation status of the device by varying the illumination). 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 Lima such that the device includes a front portion that is configured to illuminate three or more illumination elements that are radially offset from and centered about a point as taught by Eade to arrive at the claimed invention. One would have been motivated to do so to best display the status indicators to a user in an aesthetically pleasing manner to arrive at an improved device.
Regarding claim 11, modified Lima further teaches varying the illumination elements includes: illuminating the illumination elements in a pattern; or altering an illumination color of the illumination elements (pars. 35-36 of Eade disclose changing light and pattern of the light ring, pars. 92 and 165 of Lima discloses changing light and pattern similarly).
Regarding claim 12, modified Lima appears to be silent with regards to an equilateral triangle configuration, however this modification would be merely a change in shape and has no patentable significance absence evidence the configuration is significant, MPEP 2144.04(IV)(B). The lights being circular or triangular would provide no functional difference from the prior art and the modification would be obvious as a result.
Regarding claim 13, modified Lima appears to be silent with regards to an emblem disposed thereon configured to communicate the operation status of the dispenser to the user. However, the inclusion of an emblem is merely an aesthetic one that provides no particular function beyond what is already provided for by the lights disclosed in the prior art. Therefore, the modification of one of the lights to be decorative such that it is an “emblem” as claimed would be nothing more than a difference in ornamentation which would provide no unique mechanical function and would be obvious as a result. MPEP 2144.04(I).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDAN A HENSEL whose telephone number is (571)272-6615. The examiner can normally be reached Mon-Thu 8:30 - 7pm;.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRENDAN A HENSEL/ Examiner, Art Unit 1758