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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3,7 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Chinese reference(CN110494169A).
Chinese reference teaches a compact scent delivery device characterized in that it comprises: a dynamic air flow chamber(atomizer in figures 1 and 2) , comprising: an inlet for fresh air(forced air inlet 8), a fragrance source support(core product 4 for impregnated perfume in compartment 2), an outlet (scented air exit 10) for scented air and the fragrance source support being located within the chamber between the inlet and the outlet along a stream of air traversing the chamber, wherein the inlet for fresh air faces a reflection surface(bottom of shell 11 in figure 1) configured to disperse and reflect and disperse the air from the inlet towards the fragrance support.
With regards to claim 2, Chinese reference further teaches wherein the chamber comprises the outlet for scented air and a narrowing air flow guide (from narrowing opening 5) located between the fragrance source support and the outlet along a stream of air traversing the chamber.
With regards to claim 3, Chinese reference further teaches wherein the fragrance source support comprises an air flow guide(examiner noting that air flows around the fragrance source support 4, therefore the fragrance source support includes an air guide.
With regards to claim 7 , Chinese reference further teaches in which an opening of the inlet located within the chamber is located at a distance from the reflection surface less than or equal to three times the width of the opening(examiner noting the distance to the lower surface of the shell 11 in figure 1 of Chinese reference is directly adjacent and spaced from the inlet aperture, therefore located at a distance from the reflection surface less than or equal to three times the width of the opening).
Allowable Subject Matter
Claims 4-6, 8-28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 4 recites “in which the fragrance source support comprises a perforated surface , perforations of the surface forming the air flow guide.”. Chinese reference teaches a fragrance source support, however Chinese reference does not teach or suggest the fragrance source support comprises a perforated surface , perforations of the surface forming the air flow guide. Claims 5 and 6 depend on claim 4 and hence would also be allowable upon incorporation of claims 2-4 into claim 1.
Claim 8 recites ”in which the inlet extends longitudinally within the chamber, said inlet comprising a fixture for the fragrance source support.”. Chinese reference teaches an inlet for fresh air, however Chinese reference does not teach or suggest in which the inlet extends longitudinally within the chamber, said inlet comprising a fixture for the fragrance source support.
Claim 9 recites “Compact scent delivery system (300), characterized in that it comprises:
- a compact scent delivery device (200) according to claim 1, - an air flow mixing unit (400) comprising: - an inlet (405) for scented air, configured to be connected to the outlet (125) of scented air of the compact scent delivery device, - an outlet (410) for mixed scented air directed at a smelling port (415), - a conduit (420) connecting the inlet for scented air and the outlet for mixed scent air and - at least one element of:
- an inlet (425) for fresh air, configured to be connected to a fresh air delivery apparatus, said inlet delivering fresh air into the scented air stream between in the inlet for scented air and the outlet for mixed scented air and/or
- an outlet (430) for waste scented air, configured to be connected to an air flow retrieval apparatus and/or a waste air exhaust, said outlet retrieving scented air from the scented air stream between the inlet for scented air and the outlet for mixed scented air in order to reduce the air flow either for subsequent dilution and/or for the associated smelling port (415).”.
Chinese reference teaches a compact scent delivery device according to claim 1, however Chinese reference does not teach or suggest an air flow mixing unit comprising: - an inlet for scented air, configured to be connected to the outlet of scented air of the compact scent delivery device, - an outlet for mixed scented air directed at a smelling port, - a conduit connecting the inlet for scented air and the outlet for mixed scent air and - at least one element of:- an inlet for fresh air, configured to be connected to a fresh air delivery apparatus, said inlet delivering fresh air into the scented air stream between in the inlet for scented air and the outlet for mixed scented air and/or - an outlet for waste scented air, configured to be connected to an air flow retrieval apparatus and/or a waste air exhaust, said outlet retrieving scented air from the scented air stream between the inlet for scented air and the outlet for mixed scented air in order to reduce the air flow either for subsequent dilution and/or for the associated smelling port. Claims 10-25 depend on claim 9 and hence would also be allowable upon incorporation of claim 9 into claim 1.
Claim 26 recites “Method (600) of scent delivery, characterized in that it comprises: - a step (605) of injecting fresh air into a compact scent delivery device (100, 200) according to claim 1, - a step (610) of injecting the scented air, from the outlet of the compact scent delivery device, into an air flow mixing unit (400) and – a step (620) of providing fresh air into the scented air stream in the mixing unit and/or a step (625) of retrieving waste scented air from the mixing unit.
Chinese reference teaches a step of injecting fresh air into a compact scent delivery device according to claim 1, however Chinese reference does not teach or suggest a step of injecting the scented air, from the outlet of the compact scent delivery device, into an air flow mixing unit and a step of providing fresh air into the scented air stream in the mixing unit and/or a step of retrieving waste scented air from the mixing unit. Claims 27 and 28 depend on claim 26 and hence would also be allowable upon incorporation of claim 26 into claim 1, and formulating a combination of claim 26 and claim 1 into a method claim.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 2 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.
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 1-14-2026 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). 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.
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/ROBERT A HOPKINS/Primary Examiner, Art Unit 1776
February 19, 2026