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 amendments filed 3/6/2026 are acknowledged. Claims 1-20 are pending with claims 18-20 being withdrawn.
Election/Restrictions
Applicant’s election without traverse of claims 1-16 in the reply filed on 3/6/2026 is acknowledged.
Claims 17-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/6/2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the charm connectable to the canopy in a way that receives light and is at least partially illuminated must be shown or the feature(s) canceled from the claim(s) (claims 9 and 15). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regards to claims 7 and 13, it is unclear what features are required to make something decorative as what is considered decorative is relative to different observers.
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.
Claim(s) 1-7, 10-13, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mushtaq et al. (US 2018/0326112).
With regards to claim 1, Mushtaq et al. teaches a plug in fragrance diffuser (alternative dispenser 400 in fig 25 with plug pins 120 (para [0114]-[0115]) comprising: a body (formed of front cover 24 and back cover 28) including a front (front face of 24), a back (back face of 28), a top (the top part of 24 and 28), a bottom (the bottom part of 24 and 28), an exterior (outer surface), and an interior (inside space) (fig 25B); a plug protrusion extending from the back of the body (transformer 450; fig 25B and F); an electrical plug (120) for connecting the plug in fragrance diffuser to an electrical socket, including a plurality of prongs extending from the plug protrusion (fig 25B and F; para [0114]); a receptacle (part that receives the reservoir 430 with indents 420; near 416 in fig 25B) in the top of the body (located in an upper portion and above the atomizer 56) with a reservoir (430 with indents 420; para [00112], fig 25B and E); a diffuser (56) within the interior of the body and in electrical communication with the electrical plug and in fluid communication with the receptacle (para [0111]; fig 25B and D); and a diffusion nozzle (atomizer cap 444 or chimney 32), in fluid communication with the diffuser and oriented to diffuse a diffused substance from the body (fig 25 A, B, D, and E; para [0068]).
Mushtaq et al. differs in that the nozzle is out a side of the body and not the front. A person having ordinary skill in the art would have found it obvious to have rearranged the side the nozzle is on motivated by an expectation of successfully directing the fragrance mist out and away from the unit to the desired space.
With regards to claim 2, wherein shapes of the exterior of the body and the plug protrusion prevent liquid on the exterior of the body from flowing to the electrical plug (the electrical plug is on a different side from the nozzle and located above the nozzle; fig 25B).
With regards to claim 3, wherein the shapes of the exterior of the body and the plug protrusion prevent the liquid on the exterior of the body from flowing into the electrical socket (the electrical plug and socket is on a different side from the nozzle and located above the nozzle; fig 25B).
With regards to claim 4, wherein the diffusion nozzle is oriented at an angle that facilitates collection of an undiffused portion of the diffused substance and enables the undiffused portion of the diffused substance to flow to the diffuser and/or the receptacle (angled up and away and thus undiffused portion would flow back into the atomizer; para [0068]; fig 25B, D, and E).
With regards to claim 5, the diffuser further comprises a canopy (cap 414 and cradle 416 above the receptacle opening in cradle 416) removably positioned over the receptacle (fig 25A and B).
With regards to claim 6, the canopy is capable of the intended use of carrying the reservoir (can be supported and held on the cap 414 and upper portions of cradle 416).
With regards to claim 7, the canopy is taken to have a decorative exterior (curved shaped and rounded corners; fig 25B).
With regards to claim 10, Mushtaq et al. teaches a plug in fragrance diffuser (alternative dispenser 400 in fig 25 with plug pins 120 (para [0114]-[0115]) comprising: a body (formed of front cover 24 and back cover 28) including a front (front face of 24), a back (back face of 28), a top (the top part of 24 and 28), a bottom (the bottom part of 24 and 28), an exterior (outer surface), and an interior (inside space) (fig 25B); an electrical plug (120) for connecting the plug in fragrance diffuser to an electrical socket, including a plurality of prongs extending from the back of the body (fig 25B and F; para [0114]); a receptacle (part that receives the reservoir 430 with indents 420; near 416 in fig 25B) in the top of the body (located in an upper portion and above the atomizer 56) with a reservoir (430 with indents 420; para [00112], fig 25B and E); a diffuser (56) within the interior of the body and in electrical communication with the electrical plug and in fluid communication with the receptacle (para [0111]; fig 25B and D); and a diffusion nozzle (atomizer cap 444 or chimney 32), in fluid communication with the diffuser and oriented to diffuse a diffused substance from the body (fig 25 A, B, D, and E; para [0068]). The diffusion nozzle is oriented at an angle that facilitates collection of an undiffused portion of the diffused substance and enables the undiffused portion of the diffused substance to flow to the diffuser and/or the receptacle (angled up and away and thus undiffused portion would flow back into the atomizer; para [0068]; fig 25B, D, and E).
Mushtaq et al. differs in that the nozzle is out a side of the body and not the front. A person having ordinary skill in the art would have found it obvious to have rearranged the side the nozzle is on motivated by an expectation of successfully directing the fragrance mist out and away from the unit to the desired space.
With regards to claim 11, the receptacle is associated with the top of the body (is part of the same device and can be considered in a top portion when the top portion is so defined) (fig 25B).
With regards to claim 12, the diffuser further comprises a canopy (cap 414 and cradle 416 above the receptacle opening in cradle 416) removably positioned over the receptacle (fig 25A and B).
With regards to claim 13, the canopy is taken to have a decorative exterior (curved shaped and rounded corners; fig 25B).
With regards to claim 16, the canopy is capable of the intended use of carrying the reservoir (can be supported and held on the cap 414 and upper portions of cradle 416).
Claim(s) 8, 9, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mushtaq et al. (US 2018/0326112) as applied to claims 5 and 12 above and further in view of Jaworski et al. (US 6,478,440).
With regards to claim 8 and 14, Mushtaq et al. teaches a light source (strip 412) that can illuminate one or more portions of the dispenser (400) (para [0107]). Mushtaq et al. does not specify that it is the canopy itself that is illuminated as claimed.
Jaworski et al. teaches a plug in air freshener (abstract; fig 7) that includes a light source 7 that directs light to an upper cover (night lens 15) through which the light shines as a night light. The night lens 15 may be colored and/or decoratively adorned in any desired shape in a decorative form (column 5, lines 34-51). A person having ordinary skill in the art would have found it obvious to have made the top of the dispenser in Mushtaq et al. including the canopy function as a night light as taught by Jaworski et al. in order to make the dispenser multifunctional and provide the desired illumination.
The combination results in a light source that directs light to the canopy, the canopy including an exterior wall that receives light from the light source and transmits the light in a manner that illuminates the canopy (light shines from inside to outside).
With regards to claims 9 and 15, Jaworski et al. teaches that the night lens may be colored and/or decoratively adorned in any desired shape in a decorative form (column 5, lines 34-51). A person having ordinary skill in the art would have found it obvious to have included a charm shape or other decorative element in order to provide the desired decorative function.
The combination results in a charm (decorative element of the night lens) connectable to the canopy (connected as part of it) in such a way that the charm receives light from the canopy and transmits the light to at least partially illuminate the charm (the night lens as a whole is illuminated as such).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONALD R SPAMER whose telephone number is (571)272-3197. The examiner can normally be reached Monday to Friday from 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Marcheschi can be reached at (571)272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DONALD R SPAMER/Primary Examiner, Art Unit 1799
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