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 .
The previous Office action dated 02/19/2026, is withdrawn as the wrong set of claims were examined therein.
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) 1-4, 8-13, 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schramm et al. (US 7610118B2).
Schramm discloses in reference to claim:
1. (Original) A fragrance management apparatus 400 comprising:
a dispensing container slot (inside of housing) configured to retain a scent dispensing container 31 with a detectable identifying tag; a tag reader 402 positioned within the dispensing container slot to detect the detectable identifying tag when the scent dispensing container is positioned within the dispensing container slot;
a non-volatile memory 404; and
a controller 50 of a fragrance management apparatus, the controller configured to execute instructions stored on the non-volatile memory to perform operations comprising:
detecting, using the tag reader, a unique identifier of the scent dispensing container based on the detectable identifying tag of the scent dispensing container being placed proximate to the tag reader; and determining, using one or more processors, an identity of the scent dispensing container based on the detected unique identifier; and updating a scent profile to include the identity of the scent dispensing container.
Specifically, Schramm discloses:
(59) In another embodiment of our invention, the reservoir 31 may be configured to store, on its own, information used in instructing the microprocessor (or microcontroller 50) to control emission from one or more of the reservoirs 31. Thus, instead of a separate memory card being provided for use with multiple reservoirs, instructions or other information may be provided integrally with each reservoir 31. Such information may be provided on a chip (which may comprise a flash memory or other such computer-readable memory devices such as an RF ID tag) or an informational display provided on the reservoir 31. As shown in FIG. 12, a reservoir 31 has a memory 404 mounted on its plug/neck. The fragrance dispensing device 400 includes a memory reading device 402, which reads the information stored on memory 404 when reservoir 31 is loaded in the fragrance dispensing device 400. In this embodiment, the reading device 402 is an RF ID tag that reads computer-readable programs which are stored in memory 404.
2. (Original) The fragrance management apparatus of claim 1, wherein the detectable identifying tag is a radio frequency (RF) tag and the tag reader is an RF reader. , instructions or other information may be provided integrally with each reservoir 31. Such information may be provided on a chip (which may comprise a flash memory or other such computer-readable memory devices such as an RF ID tag)
3. (Original) The fragrance management apparatus of claim 1, wherein the detectable identifying tag is a detectable object and the tag reader is an optical sensor.
(58) While the preferred embodiment uses a memory card that electronically stores the computer-readable programs, other cards are possible. For instance, the cards may simply have program information printed thereon (such as a bar code or other readable instructions), and the reading device 306 may be an optical scanner that optically reads information from the card once inserted in slot 302. Also, although the term "card" is used herein, the memory card may be of any one of a number of configurations, and not merely card-shaped. A memory card can be understood to be any device that may be mated with the fragrance dispensing system to provide information thereto, which information instructs, partially or wholly, the operation of the system (e.g., microcontroller/microprocessor) to dispense fragrance(s).
4. (Original) The fragrance management apparatus of claim 3, wherein the optical sensor is a camera and the detectable object is a QR code (read broadly as equivalent to barcode).
(60) Alternatively, when the information or instructions are displayed on reservoir 31, fragrance dispensing device 400 may include an optical scanner that reads bar codes or other information displayed on the reservoir 31.
8. (Original) The fragrance management apparatus of claim 1, wherein the controller is further configured to: verify a viability of the scent dispensing container based on the identity. Note the Schramm device is disclosed to identify a scent container and also to dispense a multi-component scent based on the scent profile desired. Verifying the viability of the scent in order to produce the multi-component scent is inferred.
9. (Original) The fragrance management apparatus of claim 8, wherein verifying the viability of the scent dispensing container includes one or more of verifying an age of the scent dispensing container, verifying a fill level of the scent dispensing container, and verifying usage data of the scent dispensing container.
Note that the identification of a specific scent required for the multi-component scent can be read as verifying usage data of the scent dispensing container.
10. (Original) The fragrance management apparatus of claim 9, wherein responsive to verifying the viability of the scent dispensing container, the controller is further configured to cause a scent dispensing element of the scent dispensing container to emit a scent.
Schramm teaches the controller is further configured to cause a scent dispensing element of the scent dispensing container to emit a scent
11. (Original) A fragrance management apparatus, comprising:
a dispensing container slot configured to retain a scent dispensing container with an RF tag;
an RF reader positioned within the dispensing container slot proximate to the RF tag of the scent dispensing container when the scent dispensing container is retained in the dispensing container slot;
a non-volatile memory; and
a controller of a fragrance management apparatus, the controller configured to execute instructions stored on the non-volatile memory to perform operations comprising:
detecting, using the RF reader, a unique identifier of the scent dispensing container based on the RF tag of the container being placed proximate to the RF reader; and
determining, using one or more processors, an identity of the scent dispensing container based on the detected unique identifier; and updating a scent profile to include the identity of the scent dispensing container.
12. (Original) The fragrance management apparatus of claim 11, wherein the identity of the scent dispensing container is encrypted and determining the identity of the scent dispensing container further comprises decrypting the identity of the scent dispensing container.
13. (Original) The fragrance management apparatus of claim 11, wherein the controller is further configured to verify usage data of the scent dispensing container based on the identity of the scent dispensing container.
Note that usage data can be interpreted to be the identification of the scent container.
18. (Original) A method comprising:
detecting, using an RF reader, a unique identifier of a scent dispensing container based on an RF tag of the scent dispensing container being placed proximate to the RF reader;
determining, using one or more processors, an identity of the scent dispensing container based on the detected unique identifier;
updating, using the one or more processors, a scent profile to include the identity of the scent dispensing container; and
causing a scent dispenser to emit a scent from the scent dispensing container based on the updated scent profile. Note that “updating a scent profile” has been interpreted to broadly include identifying the scent dispensing container based on the unique identifier detected.
19. (Original) The method of claim 18, further comprising:
detecting an incompatible fill data of the scent dispensing container based on the updated scent profile; and causing the scent dispenser to not emit the scent from the scent dispensing container based on the incompatible fill data. Note the Schramm discloses the dispensing of multiple scents at one time to provide an aggregate overall scent. As such, the controller of Schramm must detect based on the scent profile desired which scent to use as well as which scent not to use—i.e. must determine an “incompatible fill data” which determines which scent “to not emit”.
20. (Original) The method of claim 18, wherein the scent profile includes one or more of a scent dispensing container configuration and settings for heating elements based on the scent profile. Schramm discloses a multi-scent dispenser which includes a scent profile of one or more scents which necessarily includes associated dispensing container configuration and settings for heating elements based on the scent profile.
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.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 5-7, 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schramm et al. (US 7610118B2).
Schramm discloses the claimed invention except in reference to claim:
5. (Original) The fragrance management apparatus of claim 3, wherein the detectable identifying tag includes a color and the optical sensor detects the color of the detectable identifying tag.
Schramm specifically discloses:
(13) In another aspect, the invention involves the use of a timer to control the coordinated operation of the fragrance dispensers and/or light emitting devices over a period of time according to a predetermined program. Further, other inputs may be used to control the operation of the dispensers. In particular, sensors may be provided that detect any one of light, motion, airborne chemicals, humidity, temperature, sound, etc.
(60) Alternatively, when the information or instructions are displayed on reservoir 31, fragrance dispensing device 400 may include an optical scanner that reads bar codes or other information displayed on the reservoir 31.
It is noted that color can be considered as other information.
6. (Original) The fragrance management apparatus of claim 3, wherein the optical sensor is a light sensor and the light sensor detects a presence of the scent dispensing container based on a change in a light reading captured by the light sensor.
Schramm specifically discloses:
(13) In another aspect, the invention involves the use of a timer to control the coordinated operation of the fragrance dispensers and/or light emitting devices over a period of time according to a predetermined program. Further, other inputs may be used to control the operation of the dispensers. In particular, sensors may be provided that detect any one of light, motion, airborne chemicals, humidity, temperature, sound, etc.
Note that one of skill in the art would understand a light sensor, as alternatively suggested by Schramm, to include wherein the light sensor detects a presence of the scent dispensing container based on a change in a light reading captured by the light sensor.
7. (Original) The fragrance management apparatus of claim 1, wherein the tag reader is a touch sensor and the touch sensor detects a presence of the scent dispensing container based on the touch sensor coming into contact with the detectable identifying tag on the scent dispensing container.
Schramm specifically discloses:
(13) In another aspect, the invention involves the use of a timer to control the coordinated operation of the fragrance dispensers and/or light emitting devices over a period of time according to a predetermined program. Further, other inputs may be used to control the operation of the dispensers. In particular, sensors may be provided that detect any one of light, motion, airborne chemicals, humidity, temperature, sound, etc.
Note that one of skill in the art would understand a touch sensor would be included in the open ended list of other sensors usable as alternatively suggested by Schramm, to include wherein the tag reader is a touch sensor and the touch sensor detects a presence of the scent dispensing container based on the touch sensor coming into contact with the detectable identifying tag on the scent dispensing container
14. (Original) The fragrance management apparatus of claim 13, wherein the controller is further configured to verify that the scent dispensing container is new based on the verified usage data.
15. (Original) The fragrance management apparatus of claim 13, wherein the controller is further configured to verify that the scent dispensing container is partially used based on the verified usage data.
16. (Original) The fragrance management apparatus of claim 13, wherein the controller is further configured to verify that the scent dispensing container has been used to depletion based on the verified usage data.
17. (Original) The fragrance management apparatus of claim 13, wherein the controller is further configured to cause the scent dispenser to not emit a scent based on the usage data being unverified.
Regarding claims 14-17, Schramm discloses 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.
One of skill in the art would know from the above that “the need to refill/replace a reservoir 31” would include verifying if the scent dispending container is new (fully filled), partially used (partially filled) or used to depletion (empty-- needing refill/replace). Further note that one of skill in the art would understand the Schramm suggests a controller capable of noting an empty container 31 (read as scent availability not verified) and consequently “not emitting” the scent from the empty container.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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