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 Amendment
Applicant’s arguments with respect to claim(s) 1-5, 7-8, 11-13 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.
Claim(s) 1-2, 5, 7, 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Porchia (US Pub. 2005/0169666 A1) in view of Jaworski (US Pub. 2005/0285538 A1).
Regarding claim 1, Porchia discloses an insect repellent device (Pg. 2, [0026], lines 1-9: “While a preferred embodiment of our invention includes emission of a fragrance, and much of the discussion below will be with regard to emission of a fragrance, we also contemplate that the dispenser of our invention may alternatively dispense other volatile actives. Such alternate volatile actives may include, for example, disinfectants, sanitizers, insecticides, insect repellants, medicaments, and such other active ingredients that are usefully dispersed into the air”), comprising:
a selectively closable vent providing fluid communication between an interior of the device and an external environment (Pg. 7, [0074], lines 17-30: “Additionally, as shown in the figures, collar apertures 109 are formed through the collar 108 to allow passage of air, and venting apertures 150 are formed through the top of the inner shell 142. Thus, when a portion of the collar apertures 109 is aligned with a portion of the venting apertures 150, a passageway is formed through which air can flow between the ambient environment and the substantially enclosed inner cavity. In addition, as should be understood, rotating the holder 141 with respect to the unitary device, i.e., rotating the holder 141 within the slots 114, controls airflow through the collar apertures 109 and the venting apertures 150 by exposing more or less of the collar apertures 109 vis a vis the overlaying venting apertures 150”);
a repellent holder movable between an operating position, and a loading position wherein the repellent holder is arranged at least partially outside of the device (Fig. 2, replaceable cartridge 104a);
the repellent holder is prevented from being completely removed from the device in the loading position (Fig. 1, the surface that the device rests on prevents the removal of the replaceable cartridge 104a);
and a sensor adapted to detect the presence of the repellent holder in the operating position (Pg. 6, [0066], lines 10-17: “Thus, in this embodiment, when the fragrance cartridge 104a is attached to the chassis 102, a portion of the cartridge 104a will contact, and thus actuate, the cartridge detector switch 122. This mechanical switch is provided only by way of example. One of ordinary skill in the art would recognize that other types of switches and/or sensors could similarly be used to detect the presence of the fragrance cartridge 104a”).
However, Porchia fails to disclose as taught by Jaworski, similarly drawn to a material emitting device, the repellent holder has a mechanical stop, the repellant holder is prevented from being completely removed from the device in the loading position when the mechanical stop abuts a portion of the device (Pg. 12, [0170]: “As seen in FIGS. 20A and 21, the cartridge 400 may be utilized in combination with an active material emitting device 420. The active material device 420 comprises a base portion 422 having a body portion 424 integral therewith and extending upwardly therefrom. Preferably, the body portion 424 (or any other component of the device 420) includes first and second tabs 426a, 426b extending outwardly therefrom. A top wall 428 (or any other component of the device 420) also preferably includes a switch 429 having an actuator arm 430 extending downwardly therefrom. Before insertion of the cartridge 400 into the device 420, metal foil sections 431a, 431b are removed from the reservoir(s) 216a, 216b (as seen in FIG. 20A) so that active material can be emitted therefrom. Thereafter, the cartridge 400 is inserted into the device 420 through an appropriately sized aperture 432 in the base portion 422. As the cartridge 400 is inserted, the tabs 426a, 426b extending from the body portion 424 of the device 420 engage the flexible fingers 416a, 416b, respectively, whereby the flexible fingers 416a, 416b flex inwardly about hinges 433a, 433b thereby to retain the cartridge 400 in the device 420. Further, as the cartridge 400 is inserted, the protrusion 418 extending from the top portion 406 of the cartridge 400 depresses the actuator arm 430, thereby indicating to the device 420 that a cartridge 400 has been inserted therein”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the insect repellant device of Porchia to comprise the mechanical stops of Jaworski to more securely retain the cartridge.
Regarding claim 2, Porchia in view of Jaworski discloses the claimed invention in addition to as taught by Porchia, a controller responsive to an output of the sensor and adapted to determine a duration of time the repellent holder is maintained in the operating position (Pg. 4, [0051]: “Also, when a fragrance dispenser including an atomizer is used, the control circuitry may include circuits for converting power from the batteries to the high-frequency alternating voltages required to expand and to contract the actuator member, thereby emitting fragrance from the fragrance dispenser. In addition, the microcontroller may control a fan, a heating element, or the like, to aid in dispersion of the fragrance. Furthermore, the microcontroller may include controls for automatically turning on and or off one or both of the light source and the fragrance dispenser. For example, a timer may be included, and upon a predetermined elapsed time, some or all of the components will shut off”).
Regarding claim 5, Porchia in view of Jaworski discloses the claimed invention in addition to as taught by Porchia, wherein the repellent holder includes an entry opening (Abstract, lines 5-7: “The cartridge mount (128) receives and secures a replaceable cartridge (104a) containing a volatile active to be released into the atmosphere over time”) adapted to receive a repellent pad with the repellent holder in the loading position (Pg. 3, [0039]: “Another type of fragrance emitter is a wick-based emanator, in which a fragrant liquid is drawn from a container, such as a reservoir, by a wick, via capillary action, and dispersed into the atmosphere. Additionally, the fragrance dispenser may use an atomizer to emanate the fragrance from the wick”).
Regarding claim 7, Porchia in view of Jaworski discloses the claimed invention in addition to as taught by Porchia, wherein the repellent holder is slidably mounted within a repellent opening formed at least partially through the device (Pg. 7, [0074], lines 15-17: “As described above, an aperture through which the fragrance cartridge 104a is inserted and removed is formed through the chassis base 102b”).
Regarding claim 11, Porchia in view of Jaworski discloses the claimed invention in addition to as taught by Porchia, wherein the selectively closable vent includes:
a first vent arranged on a first side of the repellent holder (Fig. 2, collar 108);
and a second vent arranged on a second side of the repellent holder, opposite the first side (Fig. 4, venting apertures 150), the first and second vents adapted to be opened and closed simultaneously (See [0074] as cited previously in the rejection for claim 1).
Regarding claim 12, Porchia in view of Jaworski discloses the claimed invention in addition to as taught by Porchia, wherein the first and second vents are selectively opened and closed via rotation of a collar arranged on an exterior of the device (Fig. 4, inner shell 142).
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Porchia (US Pub. 2005/0169666 A1) in view of Jaworski (US Pub. 2005/0285538 A1), and further in view of Nixon (US Pub. 12,036,846 B2).
Regarding claim 3, Porchia in view of Jaworski discloses the claimed invention except for as taught by Nixon, similarly drawn to a system for distributing a volatile substance, wherein the controller is further adapted to: determine a duration of time the repellent holder is maintained in the operating position and the device is in an activated state; and determine a duration of time the repellent holder is maintained in the operating position and the device is in a deactivated state (Col. 8, lines 26-33: “In additional embodiments, the controller 158 may selectively change the speed of the fan 154 between two or more predetermined speed settings as will be discussed. It will be appreciated that the controller 158 may also 30 include a timer for measuring time (e.g., the amount of time the fan 154 is ON, the amount of time the fan 154 is OFF, and/or the amount of time that the fan 154 is set at a certain speed)”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the insect repellant device of Porchia in view of Jaworski to include the controller functions of Nixon to allow for a precise release schedule of the volatile material.
Regarding claim 4, Porchia in view of Jaworski discloses the claimed invention except for as taught by Nixon, similarly drawn to a system for distributing a volatile substance, wherein at least one indicator responsive to the controller and adapted to alert a user when the determined duration of time reaches a predetermined duration of time (Col. 5, lines 48-57: “It will be appreciated that different embodiments of the system 100 may provide the user with different levels of control over its operations. 50 Some embodiments of the system 100 may provide the user with a high level of control, wherein the user may select and control ON/OFF of system 100, speed or other fan settings, the duration of operation, lighting, alarm sounds, and/or other features. Other embodiments of the system 100 may be 55 more restrictive with some features (e.g., the duration of operation) being controlled automatically”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the insect repellent device of Porchia in view of Jaworski to include the timing means of Nixon to better meter the rate of repellant distribution.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Porchia (US Pub. 2005/0169666 A1) in view of Jaworski (US Pub. 2005/0285538 A1), and further in view of another publication of Jaworski (US Pub. 2006/0011739 A1).
Regarding claim 8, Porchia in view of Jaworski discloses the claimed invention except for as taught by another publication of Jaworski, similarly drawn to an insect repellent device, wherein the repellent holder is elastically biased from the operating position toward the loading position (Pg. 2, [0019]: “According to a third aspect of the present invention, the apparatus according to either the first aspect or the second aspect further comprises a housing, the housing comprising retention snaps for removably retaining the cartridge in the housing in such a manner as to permit rotation of the cartridge”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the insect repellent device of Porchia in view of Jaworski to include the biasing means of Jaworski to hold the cartridge in place.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Porchia (US Pub. 2005/0169666 A1) in view of Jaworski (US Pub. 2005/0285538 A1), and further in view of Furner (US Pub. 2015/0352241 A1).
Regarding claim 13, Porchia in view of Jaworski discloses the claimed invention except for as taught by Furner, similarly drawn to an insect repellent device, wherein the device is adapted such that: opening of the vent automatically activates an internal fan of the device; and closing of the vent automatically deactivates the internal fan (Pg. 3, [0033]: “It is an advantage of the invention to provide a wearable chemical dispenser having a rotating slide cover to allow a user of the device to easily load a refill unit, secure the refill unit and tum the fan on and off to operate the dispenser”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the insect repellent device of Porchia in view of Jaworski to include the actuation means of the fan of Furner as a convenient means of turning on the device.
Allowable Subject Matter
Claim(s) 6, 9-10 is/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.
Claims 14, 18-22 is/are allowed.
Conclusion
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/HENRY HOOPER MUDD/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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