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
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Schramm et al. (US 7610118B2).
Schramm discloses in reference to claim:
1. A method, comprising: receiving scheduling data (contained on card 304) associated with a scent dispensing device 300; determining a schedule (read as program stored on memory card 304) associated with the scent dispensing device using the scheduling data; determining that the schedule associated with the scent dispensing device should be initiated (i.e. start parameters of the program) based on the scheduling data; and initiating a dispensing mechanism of scent dispensing device to begin emitting a scent based on the scheduling data (i.e. running the program).
Specifically Schramm discloses:
In a preferred embodiment of our invention, a volatile substance dispensing system includes a plurality of electromechanical volatile substance dispensers, a programmable microprocessor, and a memory card reading device. The plurality of electromechanical dispensers are each configured to emit a volatile substance from a replaceable volatile substance reservoir when the reservoir is loaded in the dispensing system so as to communicate the volatile substance to each respective dispenser. The microprocessor controls the emission of different volatile substances from the plurality of dispensers. The memory card reading device reads programs from a replaceable memory card. The memory card comprises one or more programs for instructing the microprocessor to control volatile substance emission from the plurality of dispensers in a coordinated manner.
In particular, a program stored in memory card 304 may indicate when different fragrances are to be emitted, concentrations thereof, or set programs of coordinated emission of different fragrances independently over time (or specified, simultaneous combinations of fragrances to produce an overall effect). In particular, card 304 may be designed for use with a specific group of different, but related, fragrances. In preferred embodiments, the different fragrances are selected from a group having a common theme. Thus, a card 304 is designated for use with one or more indicated combinations of fragrances. For instance, a card 304 can provide various programs for the use of multiple citrus scents (e.g., lime, lemon and tangerine), so as to specify programs to coordinate the emission thereof. Alternatively, the same card can control specific combinations of citrus scents or specific combinations of, for example, woodland scents, with the programs in a given card being usable for either grouping in an effective manner.
One of skill would understand that a program as disclosed by Schramm would include determining that the schedule associated with the scent dispensing device should be either started or ended further comprises determining that the start time or end time has occurred as this is the nature of a program. See Schramm (19, 20, 36)
Note that should Applicant take issue with the interpretation of Schramm as inherently implying the claimed limitations regarding the “schedule “as it reads on “program”, the skilled artisan would find it obvious that the disclosed “program” of Schramm reads on the claimed schedule limitations.
2. The method of claim 1, wherein the scheduling data includes a start time and an end time and wherein determining that the schedule associated with the scent dispensing device should be initiated further comprises determining that the start time has occurred.
Note that the above limitations describe only limitations that are generically associated with the term “schedule”, that is to say the term “schedule” would be understood by the skilled artisan to read on the stored program which includes at minimum a start and stop time. Schramm discloses the use of a timer to facilitate the predetermined program.
3. The method of claim 2, further comprising: determining that the schedule associated with the scent dispensing device should be ended based on the scheduling data; and sending an end command to the scent dispensing device to stop emitting the scent based on the scheduling data.
Note that the above limitations describe only limitations that are generically associated with the term “schedule”, that is to say the term “schedule” would be understood by the skilled artisan to read on the stored program which includes at minimum a start and stop time. Schramm discloses the use of a timer to facilitate the predetermined program.
4. The method of claim 3, wherein determining that the schedule associated with the scent dispensing device should be ended further comprises determining that the end time has occurred.
Schramm discloses the use of a timer to facilitate the predetermined program which is understood to include start and stop times.
5. The method of claim 1, wherein the schedule associated with the scent dispensing device may be a reoccurring schedule that includes one or more of a starting time, an ending time, and a frequency of occurrence.
Schramm discloses the use of a timer to facilitate the predetermined program which is understood to include start and stop times.
6. The method of claim 1, wherein the schedule associated with the scent dispensing device may be user-configurable.
Schramm discloses a user configurable program,.
Specifically Schramm discloses :also, a mode lever 212 is provided to enable a user to switch between different emission modes (i.e., different programs for controlling emission from one or more of the reservoirs 31).
7. The method of claim 1, wherein the scent dispensing device includes a plurality of scent containers 31 and wherein the schedule associated with the scent dispensing device includes which scent containers of the plurality of scent containers should emit scents when the schedule occurs.
Further Schramm discloses : The microcontroller 50 includes a control logic device 56 that provides the operational instructions to the various dispensers in accordance with input signals or internal programs.
8. The method of claim 1, wherein determining the schedule associated with the scent dispensing device using the scheduling data further comprises: determining a color setting of a light based on the schedule; and sending a command to operate the light when the schedule occurs.
Schramm discloses: (8) Fragrance delivery may also be combined with lighting effects. Lighting devices which emit different colored light, such as from light emitting diodes (LED's) are known. Such devices may take the form of drop lights, candle lights or lamps, such as table lamps; and they may be battery operated or they may operate from power supplied by a wall outlet. These devices also may be controlled to emit different colored light, either upon the operation of a selection switch or automatically at different time intervals. In addition, such devices may be constructed to emit a scent to provide a desired ambience in a room. (20) The processor 12 includes an internal clock 20 to control its operation according to a controlled program. In this manner, the luminescent device 14 and the dispenser 16 are controlled to emit light and fragrances in a coordinated manner over time into the area 10 to produce a desired effect within the area.
9. The method of claim 1, wherein the scheduling data from a user device presenting a graphical user interface with user-configurable settings adjustable by a user to change the scheduling data.
Schramm discloses: (36) In operation, the battery 76 supplies electrical power to circuits on the printed circuit board 28 and these circuits convert this power to high frequency alternating voltages. (Ofcourse, in other embodiments, power may be provided by an AC power supply, by wired connection to a controller 30, discussed below, or by other conventional means.) A suitable circuit for producing these voltages is shown and described in U.S. Pat. No. 6,296,196, noted above. As described in that patent, the device may be operated during successive on and off times. The successive on and off times provide intermittent "puffs" of fragrance. The on and off times may be controlled by a preset program, a user interface working through a processor, or by the logic of controller 30. To achieve this end, the atomizer device 70 includes interface 98 and controller 30 (shown in FIG. 9), which communicate through the transmission of signals through a direct connection via a wire, or through a wireless transmission with the controller 30. The system can involve one way communication to the controller 30, or two-way communication when the interface has a display or the like for providing information to a user. A keypad may also be provided to allow user input. The atomization control device 70 may also be provided with suitable sensors and circuitry for generating signals based on the sensed information, such as the need to refill/replace a reservoir 31 or light conditions (in which case suitable sensors would be provided.) Such modifications would be readily understood by one of ordinary skill in the art.
10. The method of claim 9, wherein the graphical user interface presents one or more of a schedule start selection, a schedule end selection, an intensity selection, and a device selection that are user-configurable to adjust the scheduling data.
Note that the start and stop conditions, intensity of scent and scent selection are inferred to be part of a controlled program input by a user as informed by Schramm.
11. A system comprising: one or more processors 12; and one or more memory storing instructions 304 that, when executed by the one or more processors, cause the system to perform (to run the program) operations including: receiving scheduling data (from card 304) associated with a scent dispensing device; determining a schedule (reading the card 304) associated with the scent dispensing device using the scheduling data; determining that the schedule associated with the scent dispensing device should be initiated based on the scheduling data; and initiating a dispensing mechanism of scent dispensing device to begin emitting a scent based on the scheduling data.
Schramm discloses at: (19) The processor 12 is a programmable device that produces output signals at terminals 12a and 12b according to an internal program. The output signals may be in the form of voltages or in the form of coded pulses or other coded signals which control the operation or output intensity of the luminescent device 14 and the fragrance or insecticide dispenser 16. The terminals 12a and 12b may be connected by means of wires 18 to control units 15 and 17 on the luminescent device 14 and the dispenser 16. Alternatively, the processor 12 may have a single output terminal connected via a common bus to the control units 15 and 17. In such a case, the coded signals are provided with appropriate addresses to ensure that they are recognized only by the particular control unit to which they are directed. It will also be appreciated that the wires 18 and the bus could be eliminated and the coded signals with addresses from the processor 12 could be transmitted to the control units 15 and 17 by wireless means such as by infra-red light or radio signals. (20) The processor 12 includes an internal clock 20 to control its operation according to a controlled program. In this manner, the luminescent device 14 and the dispenser 16 are controlled to emit light and fragrances in a coordinated manner over time into the area 10 to produce a desired effect within the area.
Regarding claims 12-19, See the discussion above regarding the interpretation of running a program as it reads on the claimed schedule, mutatis mutandis.
20. A scent dispensing apparatus 70 , comprising: a body 72including a first vial bay 80 for receiving a first vial 31 including a first scent and a second vial bay 80 for receiving a second vial 31 including a second scent; a wireless interface 98 configured to wirelessly communicate with a management server (implied), and to receive scheduling data (program) stored on the management server, the scheduling data including schedules with start times indicating to a controller of the scent dispensing apparatus when to start dispersing one or more of the first scent from the first vial and the second scent from the second vial; and the controller electronically coupled to the wireless interface to receive the scheduling data, the controller configured to identify a first solution type of the first scent and a second solution type of the second scent, the controller configured to dispense the first scent from the first vial and the second scent from the second vial when the start times for each of the first vial and second vial occur.
See the discussion above regarding the interpretation of running a program as it reads on the claimed schedule, mutatis mutandis.
Schramm discloses:
(19) The processor 12 is a programmable device that produces output signals at terminals 12a and 12b according to an internal program. The output signals may be in the form of voltages or in the form of coded pulses or other coded signals which control the operation or output intensity of the luminescent device 14 and the fragrance or insecticide dispenser 16. The terminals 12a and 12b may be connected by means of wires 18 to control units 15 and 17 on the luminescent device 14 and the dispenser 16. Alternatively, the processor 12 may have a single output terminal connected via a common bus to the control units 15 and 17. In such a case, the coded signals are provided with appropriate addresses to ensure that they are recognized only by the particular control unit to which they are directed. It will also be appreciated that the wires 18 and the bus could be eliminated and the coded signals with addresses from the processor 12 could be transmitted to the control units 15 and 17 by wireless means such as by infra-red light or radio signals.
(20) The processor 12 includes an internal clock 20 to control its operation according to a controlled program. In this manner, the luminescent device 14 and the dispenser 16 are controlled to emit light and fragrances in a coordinated manner over time into the area 10 to produce a desired effect within the area.
(27) FIGS. 6-8 show a more preferred embodiment of our invention having three replaceable fragrance reservoirs 31 and three corresponding atomizer assemblies 34 (although other dispensers are possible) positioned in a single housing 200. Housing 200 includes three orifices 202 through which droplets of fragrance are emitted by atomizer assemblies 34. As discussed above, a single microprocessor may be provided to control the different atomizer assemblies 34. For a user interface, a knob 210 is provided for adjusting the level of fragrance to be emitted. Also, a mode lever 212 is provided to enable a user to switch between different emission modes (i.e., different programs for controlling emission from one or more of the reservoirs 31).
(36) In operation, the battery 76 supplies electrical power to circuits on the printed circuit board 28 and these circuits convert this power to high frequency alternating voltages. (Of course, in other embodiments, power may be provided by an AC power supply, by wired connection to a controller 30, discussed below, or by other conventional means.) A suitable circuit for producing these voltages is shown and described in U.S. Pat. No. 6,296,196, noted above. As described in that patent, the device may be operated during successive on and off times. The successive on and off times provide intermittent "puffs" of fragrance. The on and off times may be controlled by a preset program, a user interface working through a processor, or by the logic of controller 30. To achieve this end, the atomizer device 70 includes interface 98 and controller 30 (shown in FIG. 9), which communicate through the transmission of signals through a direct connection via a wire, or through a wireless transmission with the controller 30. The system can involve one way communication to the controller 30, or two-way communication when the interface has a display or the like for providing information to a user. A keypad may also be provided to allow user input. The atomization control device 70 may also be provided with suitable sensors and circuitry for generating signals based on the sensed information, such as the need to refill/replace a reservoir 31 or light conditions (in which case suitable sensors would be provided.) Such modifications would be readily understood by one of ordinary skill in the art.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
tsc