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 Arguments
Applicant’s arguments with respect to claim(s) 1-15 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.
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0286351 hereinafter Fateh in view of US 2007/0295327 hereinafter Bottomley.
In regards to Claim 1: Fateh teaches a scent provision apparatus, comprising:
a main body section having an opening portion to discharge or take in a scent-containing air flow that contains a scent (Fateh, Paragraph 79; Figure 2a Item 210); and
an air flow control unit configured to control characteristics of the scent-containing air flow discharged or taken in from the opening portion (Fateh Paragraph 80; Figure 2a Item 202).
Fateh does not teach wherein the air flow control unit includes an air flow path section configured to cause a control air flow to flow above the opening portion to control at least one of a direction or an intensity of the scent-containing air flow.
Bottomley teaches wherein the air flow control unit includes an air flow path section configured to cause a control air flow to flow above the opening portion to control at least one of a direction or an intensity of the scent-containing air flow (Bottomley, Paragraph 42).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the air flow being above the opening portion as taught in Bottomley to the sensory stimuli delivery system taught by Fateh, the motivation being to provide a method of controlling the intensity of the scent directed towards the user.
In regards to Claim 2: A modified Fateh all of claim 1, and wherein the air flow control unit is further configured to generate[[s]] a control air flow to at least one of accelerate, decelerate, or diffuse the scent-containing air flow (Fateh, Paragraph 80; Figure 2a 208).
In regard to Claim 3: A modified Fateh teaches all of claim 1, and wherein the air flow control unit is further configured to generate[[s]] a control air flow o interrupt a flow of the scent-containing air flow (Fateh, Paragraph 108).
In regards to Claim 4: A modified Fateh teaches all of claim 1, and wherein the air flow control unit is further configured to control[[s]] the intensity of the scent-containing air flow based on a mix of a plurality of control air flows, and the plurality of control air flows includes the control air flow (Fateh, Paragraph 12 & 81; Figure 2b Item 214).
In regards to Claim 5: A modified Fateh teaches all of claim 1, and the scent provision apparatus according to claim 1, wherein the air flow control unit is further configured to take[[s]] in and give[[s]] out air from and to an outer periphery adjacent to the opening portion (Fateh, Paragraph 72; Figure 2a Item 208).
In regard to Claim 6: A modified Fateh teaches all of claim 1, and wherein the air flow control unit [[has]]further includes, at a tip of the opening portion, a flap to change a flow of the scent-containing air flow (Fateh, Paragraph 95; Figure 4 Item 406).
In regards to Claim 7: A modified Fateh teaches all claim 1, and comprising:
a biological activity detection unit configured to detect a biological activity of a user, wherein the scent-containing air flow is controlled in conjunction with an action of the biological activity (Fateh, Paragraph 81; Figure 2a Item 212).
In regards to Claim 8: A modified Fateh teaches all of claim 7, and wherein the biological activity is an activity selected from a group of respiration, posture, and heartbeat of the user and combinations thereof (Fateh, Paragraph 12 & 120).
In regards to Claim 9: A modified Fateh teaches all of claim 1, and wherein the main body section has a nose cover section that has the opening portion, and the air flow control unit is adjacent to the opening portion (Fateh, Figure 2b Item 210).
In regards to Claim 10: A modified Fateh teaches all of claim 1, and comprising:
an information acquisition section configured to acquire biological information of [[the ]]a user (Fateh, Figure 2b Item 216).
In regards to Claim 11: A modified Fateh teaches all of claim 1, and comprising:
a warm/cool control unit configured to discharge or take in a warm or cool air flow based on the scent included in the scent-containing air flow (Fateh, Paragraph 84 Figure 2a Item 218).
In regards to Claim 12: A modified Fateh teaches all of claim 11, and wherein the warm/cool control unit is further configured to adjust[[s]] humidity of the scent- containing air flow (Fateh, Paragraph 84).
In regards to Claim 13: Fateh teaches A scent provision method, comprising:
via an opening portion (Fateh, Figure 11 Item 1103); and
from the opening portion (Fateh Figure 11 Item 1104).
Fateh does not teach wherein the controlling comprises causing, by an air flow control unit that includes an air flow path section, a control air flow to flow above the opening portion to control at least one of a direction or an intensity of the scent-containing air flow.
Bottomley teaches wherein the controlling comprises causing, by an air flow control unit that includes an air flow path section, a control air flow to flow above the opening portion to control at least one of a direction or an intensity of the scent-containing air flow (Bottomley, Paragraph 42).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the air flow being above the opening portion as taught in Bottomley to the sensory stimuli delivery system taught by Fateh, the motivation being to provide a method of controlling the intensity of the scent directed towards the user.
In regards to Claim 14: A modified Fateh teaches all of claim 1, and wherein the control air flow is supplied through the air flow path section that is distinct from a passage through which the scent-containing air flow is discharged (Fateh, Figure 2a Item 204; Paragraph 79).
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Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0286351 hereinafter Fateh in view of US 2007/0295327 hereinafter Bottomley in further view of US 2017/0361133 hereinafter Yu.
In regards to Claim 15: A modified Fateh teaches all of claim 1, but does not teach wherein the air flow path section is further configured to cause the control air flow to flow from above to below the opening portion as a descending air flow to create an air curtain in the opening portion.
Yu teaches wherein the air flow path section is further configured to cause the control air flow to flow from above to below the opening portion as a descending air flow to create an air curtain in the opening portion (Yu, Paragraph 182; Figure 16 Item 1606 & 1608).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the air flow being a curtain as taught by Yu to the sensory stimuli delivery system taught by a modified Fateh, the motivation being to ensure excess air is not directed at the eyes.
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 NOE R DIETZ whose telephone number is (571)272-1135. The examiner can normally be reached Mon-Fri 8am - 5pm.
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/N.R.D./ Patent Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791
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