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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/18/25 has been entered.
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 15 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 217796977U).
Regarding claim 15, Zhang (CN 217796977U) discloses –
A method for reloading a diffuser (Abstract; Figs. 1-7), comprising:
decoupling a lower portion (body 96) of the diffuser from an upper portion (cap 175) of the diffuser such that a first fragrance container (atomization bottle 20) attached to the upper portion is exposed (Fig. 5 end cap 175 is separated from body 96; p. 10 par. 3 states the end cover 175 is pushed towards an open position that is separated from the body 96),
the first fragrance container housing at least a portion of a first atomizer (Fig. 4 shows bottle 20 including atomization bottle stopper 21 including atomizer 62) including at least one frangible member (Fig. 2 convex part 38C are shown as short tabs which is analogous in structure to the frangible members 51 disclosed in Fig. 6 in the instant application), whereby
the at least one frangible member is arranged to break when a user removes the first atomizer from the first fragrance container rendering the first fragrance container inoperable (The convex parts 38C are shown in fig. 4 that as retaining the conductive module 66 and atomizer 62, and in order to remove the atomizer 62 would require breaking the tabs 38C; this feature is only passively required and therefore the component only need be capable of performing the function rather than being specifically be disclosed to perform it),
detaching the first fragrance container from the upper portion (p. 10 par. 3 states the bottle 20 is removed and replaced by detaching the bottle 20),
attaching a second fragrance container housing a second atomizer to the upper portion of the diffuser (p. 10 par. 3 a new bottle is attached), and
attaching the lower portion to the upper portion of the diffuser (the operating position shown in fig. 5 is one where the upper and lower portions are connected, see the last two paragraphs of p. 9 teaching the components are then configured in that position for use).
Zhang appears to be silent with regards to the separating of the upper and lower portion. However, 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 method disclosed by Zhang such that the lower and upper portion are separable and are separated to arrive at the claimed invention. One would have been motivated to do so as this modification is merely the making separable of existing components, and it is obvious to fabricate components as separable, MPEP 2144.04(V)(C). The portions being separable would provide the advantage of allowing the components to be serviced and replaced separately and to allow more convenient removal of the bottle 20, and therefore the modification would be obvious.
Regarding claim 22, Zhang teaches –
A method for reloading a diffuser housing, comprising:
decoupling a lower portion of the diffuser housing from an upper portion of the diffuser housing such that a first fragrance container is exposed (Fig. 5 end cap 175 is separated from body 96; p. 10 par. 3 states the end cover 175 is pushed towards an open position that is separated from the body 96),
the first fragrance container enclosing at least a portion of a first atomizer (Fig. 4 shows bottle 20 including atomization bottle stopper 21 including atomizer 62) including at least one frangible member (convex part 38C), whereby
the at least one frangible member is arranged to break when a user removes the first atomizer from the first fragrance container rendering the first fragrance container inoperable (The convex parts 38C are shown in fig. 4 that as retaining the conductive module 66 and atomizer 62, and in order to remove the atomizer 62 would require breaking the tabs 38C; this feature is only passively required and therefore the component only need be capable of performing the function rather than being specifically be disclosed to perform it),
detaching the first fragrance container from the diffuser housing (p. 10 par. 3 states the bottle 20 is removed and replaced by detaching the bottle 20),
attaching a second fragrance container enclosing at least a portion of a second atomizer to the diffuser housing (p. 10 par. 3 a new bottle including new components is attached), and
attaching the lower portion to the upper portion of the diffuser housing (the operating position shown in fig. 5 is one where the upper and lower portions are connected, see the last two paragraphs of p. 9 teaching the components are then configured in that position for use).
Claims 16 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 217796977U) as applied to claims 15 and 22 above and further in view of Gaspar (US 2009/0072783).
Regarding claims 16 and 23, Zhang is set forth above with regards to claims 15 and 22 respectively, but appears to be silent with regards to placing the diffuser on an induction charger configured to recharge a battery housed in the diffuser housing.
Gaspar (US 2009/0072783) teaches a vapor-emitting device including a battery (Figs. 1-2 rechargeable battery 120, par. 22) the battery being a rechargeable battery configured to be recharged by an induction charger having an outer frame with a shallow basin configured to receive the base portion (Figs. 1-2 power source unit 150 for charging via induction; par. [0022]). 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 method disclosed by Zhang such that the battery is recharged by an induction charger having an outer frame 150 with a shallow basin configured to receive the base portion as taught by Gaspar to arrive at the claimed invention recited in claims 16 and 23. One would have been motivated to do so to conveniently and wirelessly charge the device to arrive at an improved dispenser.
Response to Arguments
Applicant’s arguments with respect to claim 15 and 22 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.
Conclusion
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/BRENDAN A HENSEL/Examiner, Art Unit 1758
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