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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by German reference(DE10135778A1).
German reference in figure 1 teaches a compact scent delivery device, comprising a dynamic air flow chamber(housing 1), comprising an inlet(air inlet opening 2) for fresh air, a fragrance source support(partition wall 5; para 0008 stating “the fiber material intended for forming the partition device is advantageously woven. The fabric structure is preferably chosen such that a passage cross section limiting the filter pores remains between the adjacent warp and weft threads”; para 0020 stating “Antibacterial substances or fragrances can also be embedded in the partition device according to the invention”), an outlet(air outlet opening 3) for scented air and wherein the inlet for fresh air faces a reflection surface(deflection device 7; noting airflow opening 2 in figure 1 facing the deflection device 7) and wherein the chamber further comprises the reflection surface configured to disperse and reflect and disperse the air from the inlet towards the fragrance source support, 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, fragrance source support, outlet, and reflection surface are configured such that air flow entering the chamber through the inlet is reflected onto the reflection surface and dispersed throughout a cross-section of the chamber, after which the dispersed air touches the fragrance source and flows out through the outlet (para 0025 stating “by means of the shielding or deflection device arranged in the flow path to the partition device according to the invention, coarser dirt particles can be deflected in such a way that they do not hit the partition device or at least not with full inflow velocity”; para 0037 stating “which is additionally equipped with a deflection device 7, by which an improved velocity distribution in the air inlet section 4a can be achieved with regard to the separation of any entrained water droplets 8”.).
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.
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 2-5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over German reference(DE10135778A1) taken together with Thompson, Jr et al(9968701).
With regards to claim 2, German reference teaches all of the limitations of claim 2 but is silent as to in which the chamber comprises a narrowing air flow guide located between the fragrance source support and the outlet along a stream of air traversing the chamber. Thompson, Jr et al in figure 1D teaches a fragrance system(10), the fragrance system including an air flow chamber, the air flow chamber including an inlet(perforations 24) for fresh air, a fragrance delivery device(16), an outlet(top opening 22) for scented air, and wherein the air flow chamber includes a narrowing air flow guide(narrowing neck 20) located between the fragrance delivery device and the outlet along a stream of air traversing the chamber. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide a narrowing air flow guide located between the fragrance source support(partition wall 5 of German reference) and the outlet(air outlet opening 3) in order to provide for a section of increased air velocity upstream of the air outlet opening.
With regards to claim 3, German reference taken together with Thompson, Jr et al further teaches wherein the fragrance source support comprises an air flow guide(para 0008 stating “the fiber material intended for forming the partition device is advantageously woven. The fabric structure is preferably chosen such that a passage cross section limiting the filter pores remains between the adjacent warp and weft threads”.).
With regards to claim 4, German reference taken together with Thompson, Jr et al further teaches in which the fragrance source support comprises a perforated surface(perforations formed by the woven structure), perforations of the surface forming the air flow guide.
With regards to claim 5, German reference taken together with Thompson, Jr et al further teaches in which the perforated surface spans the cross section of the chamber.
With regards to claim 7 , German reference taken together with Thompson, Jr et al 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 said opening(noting the inlet 2 in German reference is located directly adjacent the deflection device 7 to prevent direct airflow contact with the partition wall 5).
Allowable Subject Matter
Claims 6 and 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.
Claim 6 recites “which comprises a perforation adaptation means configured to close/open at least one perforation of the surface.”. German reference teaches a fragrance source support comprising a perforated surface, however German reference does not teach or suggest a perforation adaptation means configured to close/open at least one perforation of the surface.
Claim 8 recites “in which the inlet extends longitudinally within the chamber, said inlet comprising a fixture for the fragrance source support.”. German reference teaches a chamber including a fresh air inlet, however German 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 comprising a compact scent delivery device according to claim 1, 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 ." German reference teaches a compact scent delivery device according to claim 1, however German 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 “A method of scent delivery, comprising: a step of injecting fresh air into a compact scent delivery device according to claim 1, 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.”. German reference teaches a step of injecting fresh air into a compact scent delivery device according to claim 1, however German 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT A HOPKINS whose telephone number is (571)272-1159. The examiner can normally be reached Mon-Thurs 6am-4pm.
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/ROBERT A HOPKINS/Primary Examiner, Art Unit 1776
May 20, 2026
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