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 .
Information Disclosure Statement
The information disclosure statement filed 12/13/24 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. The two foreign references do not include a translation of explanation of relevance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “in a direction generally parallel to the longitudinal axis” where the limitation “generally” renders the claim indefinite. It cannot be determined how parallel to the axis the air would have to be dispensed in order to necessarily satisfy the limitation of “generally parallel” as the scope of the term “generally” cannot be determined, and therefore the scope of the claim cannot be determined. For the purpose of examination, it is interpreted the term “generally parallel” to be “substantially parallel”.
The remaining claims are rejected for being dependent on claim 1.
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.
Claims 1-5 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Bistritzky (US 2008/0031784) in view of Wohrle (US 6,783,117).
Regarding claim 1, Bistritzky (US 2008/0031784) discloses –
A fragrance dispenser system (Figs. 1-11 flameless candle 10; abstract discloses a fragrance cartridge) comprising:
a flameless candle (Fig. 1 wick 18) having a longitudinal axis and a bottom (Fig. 1 shows an elongated structure with a bottom part); and
a base configured to receive and support the flameless candle (the remainder of candle 10 including translucent part 12 and lower opaque part 14), the base comprising:
an upper surface comprising a recess and a plurality of outlet vents (Fig. 3 concave top surface 16, vent slots 20), the recess shaped to correspond to a shape of the bottom of the flameless candle (mount 18a is connected to the concave top surface, par. 39);
a lower surface comprising an inlet vent (Figs. 2 and 4 vents 40 on bottom; pars. 42);
a sidewall connecting the upper surface and the lower surface (Fig. 2 translucent part 12 has a sidewall);
a fragrance cartridge (Fig. 6 fragrance cartridge 41) configured to be removably received in the tray (Figs. 5-7 show lower housing part 14 comprises a plurality of compartments for housing the different parts, including the cartridge; par. 40);
a fan positioned beneath the tray (squirrel cage 32 which is located below a part of the housing part 14 that reads on a tray, further this configuration is arbitrary as the axis defined is arbitrary, par. 41 and fig. 5);
an electric motor operably connected with the fan (electric motor 28); and a printed circuit board configured to control the electric motor (Fig. 1 circuit board 56 which is coupled to the motor 26, par. 45-46);
wherein the base is configured to draw air into the base through the inlet vent, to pass the air through the tray, and to dispense the air out of the base through the plurality of outlet vents in a direction generally parallel to the longitudinal axis of the flameless candle (par. 20 discloses air being drawn in through the vent in the bottom and expelled out the top with fragrance, in a direction that would be substantially parallel to the wick 18).
Bistritzky appears to be silent with regards to the sidewall comprising the tray.
Wohrle (US 6,783,117) teaches a scent delivery system including a sidewall with a tray (Fig. 2 face 222 is a sidewall that includes tray 214; Abstract, Col. 6 lines 15-31) for holding a fragrance cartridge (scent cartridge assembly 100, Col. 5 lines 7-19). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Bistritzky such that the cartridge is included in a tray that is incorporated into a sidewall of the device to arrive at the claimed invention. One would have been motivated to do so to allow for convenient cartridge replacement according to known means to arrive at an improved device. The combination of familiar prior art elements, including cartridge holding means and scent emitter bases, according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A).
Regarding claim 2, modified Bistritzky further teaches the flameless candle comprises an LED candle (LED 58, par. 45).
Regarding claims 3 and 4, modified Bistritzky further teaches a power source where the power source comprises a battery (battery compartment 22 which includes a battery, par. 40).
Regarding claim 5, modified Bistritzky further teaches the sidewall comprises an opening and the tray is configured to slide through the opening between opened and closed positions (Fig. 2 of Wohrle shows the tray blocking or closing an opening by sliding the tray 214).
Regarding claim 8, modified Bistritzky further teaches the printed circuit board is programmed to turn on and off the electric motor (par. 45).
Regarding claim 9, modified Bistritzky further teaches the printed circuit board is programmed to control an interval time of operation of the electric motor (par. 46 teaches the different modes of the circuit board, where the motor is shut on or off based on an ambient light and therefore a time interval associated with a time of day).
Claims 6-7, 10-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bistritzky (US 2008/0031784) in view of Wohrle (US 6,783,117) as applied to claim 1 above and further in view of Pestl (US 8,371,740).
Regarding claim 6, modified Bistritzky is set forth above with regards to claim 1 but appears to be silent with regards to a cover.
Pestl (US 8,371,740) teaches a fragrance diffuser (title, abstract) including a cover removably engaging a base (Fig. 5B translucent shell 148, Col. 12 lines 22-44). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Bistritzky such that the device includes a cover removably engaging with the base as taught by Pestl to arrive at the claimed invention. One would have been motivated to do so to include a cover that can provide aesthetically pleasing patterns and light-emission to arrive at an improved device.
Regarding claim 7, Pestl further teaches a clip 68 for holding a piece of the base closed (Col. 9 lines 29-32), and a rim 152 for securing the base to the housing (see fig. 5B), and therefore including a clip to secure the cover to the base would have been nothing more than obvious to one having ordinary skill in the art at the time of filing.
Regarding claim 10, Pestl further teaches a heater for heating the fragrance to disperse from a solid gel (Col. 8 lines 51-60 disclose heat and associated heating means for volatilization) and therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Bistritzky such that the device includes a heater and to obviously have the heater be controlled by the circuit board provided by Bistritzky in order to properly control the emission. One would have been motivated to do so to successfully disperse the fragrance from a known-conventional fragrance vector to arrive at an improved device. The combination of familiar prior art elements, including heating means for volatilization and scented imitation candles, according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A).
Regarding claim 11, modified Bistritzky further teaches the fragrance cartridge is a solid (Col. 8 lines 51-60 of Pestl disclose a solid fragrance).
Regarding claim 12, Bistritzky teaches –
A fragrance dispenser system configured to support a flameless candle (Title, abstract, Figs. 1-10 wick 18), the fragrance dispenser system comprising:
a base (the remainder of candle 10 including translucent part 12 and lower opaque part 14) comprising:
an upper surface comprising a planar region and a plurality of outlet vents (Fig. 3 concave top surface 16, vent slots 20), the planar region configured to support the flameless candle (mount 18a is connected to the concave top surface and the wick 18, par. 39),
the plurality of outlet vents configured to blow air toward a top of the flameless candle (par. 44);
a lower surface comprising an inlet vent (Figs. 2 and 4 vents 40 on bottom; pars. 42);
a sidewall connecting the upper surface and the lower surface (Fig. 2 translucent part 12 has a sidewall),
a fan (squirrel cage 32, par. 41);
an electric motor operably connected with the fan (Fig. 1 motor 26, par. 45-46); and
a printed circuit board configured to control the electric motor (Fig. 1 circuit board 56 which is coupled to the motor 26, par. 45-46); and
a fragrance cartridge configured to be removably received in the tray (Fig. 6 fragrance cartridge 41).
Bistritzky appears to be silent with regards to the sidewall comprising an opening for a tray to slide in and out of, and the fragrance cartridge being a solid fragrance cartridge.
Regarding the limitation directed towards a tray that slides in and out of an opening: Wohrle (US 6,783,117) teaches a scent delivery system including a sidewall with a tray (Fig. 2 face 222 is a sidewall that includes tray 214; Abstract, Col. 6 lines 15-31) for holding a fragrance cartridge (scent cartridge assembly 100, Col. 5 lines 7-19) that slides in and out of opening (see fig. 2 tray 214 blocks an opening when closed and provides an opening when open). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Bistritzky such that the cartridge is included in a tray that is incorporated into a sidewall of the device to arrive at the claimed invention. One would have been motivated to do so to allow for convenient cartridge replacement according to known means to arrive at an improved device. The combination of familiar prior art elements, including cartridge holding means and scent emitter bases, according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A).
Regarding the limitation directed towards a solid fragrance cartridge: Pestl (US 8,371,740) teaches heating the fragrance to disperse from a solid gel (Col. 8 lines 51-60 disclose a solid fragrance) and therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Bistritzky such that the device includes a solid gel as taught by Pestl to arrive at the claimed invention. One would have been motivated to do so to successfully disperse the fragrance from a known-conventional fragrance vector to arrive at an improved device. The combination of familiar prior art elements, including solid fragrance cartridges and scented imitation candles, according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A).
Regarding claim 13, modified Bistritzky further teaches a heater for heating the solid fragrance cartridge (Col. 8 lines 51-60 of Pestl disclose heat and associated heating means for volatilization).
Regarding claim 14, modified Bistritzky further teaches the fan is positioned beneath the tray (squirrel cage 32 which is located below a part of the housing part 14 that reads on a tray, further this configuration is arbitrary as the axis defined is arbitrary).
Regarding claim 15, modified Bistritzky teaches the dimensions of the housing are approximately 3.5-3.75 inches (par. 39), and while Bistritzky appears to be silent with regards to the diameter of the flameless candle, the base 10 is well capable of supporting some flameless candle of the claimed dimensions and is expected to do so. The flameless candle is not positively recited as part of the claimed invention and is not required by the claim. The device of Bistritzky is capable of performing this function and all the structure is taught and therefore all the limitations of the claim are met. MPEP 2114, II.
Regarding claim 16, modified Bistritzky further teaches the inlet vent is configured to receive air from below the fragrance cartridge (figs. 2-4 show this) and the fan is configured to blow air upward onto the solid fragrance cartridge positioned in the tray (this configuration is arbitrary as the axis defined is arbitrary, and the device disclosed by Bistritzky teaches all the structure and is capable of performing this function on some arbitrary axis).
Regarding claim 17, Bistritzky teaches –
A fragrance dispenser system configured to receive a flameless candle (Title, abstract, Figs. 1-10 wick 18), the fragrance dispenser system comprising:
a base (the remainder of candle 10 including translucent part 12 and lower opaque part 14) comprising:
an upper surface comprising a receiving region and an outlet vent (Fig. 3 concave top surface 16, vent slots 20),
the receiving region configured to receive a bottom of the flameless candle (mount 18a is connected to the concave top surface and the wick 18, par. 39);
a lower surface comprising an inlet vent (Figs. 2 and 4 vents 40 on bottom; pars. 42);
a sidewall connecting the upper surface and the lower surface (Fig. 2 translucent part 12 has a sidewall),
a fan configured to blow air out of the outlet vent (squirrel cage 32, par. 41);
an electric motor operably connected with the fan (Fig. 1 motor 26, par. 45-46); and
a controller configured to control operation of the motor (Fig. 1 circuit board 56 which is coupled to the motor 26, par. 45-46);
a fragrance cartridge configured to be received in the tray (Fig. 6 fragrance cartridge 41);
Bistritzky appears to be silent with regards to a sidewall comprising an opening with a tray received in the opening, and with regards to a cover.
Regarding the limitation directed towards a tray that slides in and out of an opening: Wohrle (US 6,783,117) teaches a scent delivery system including a sidewall with a tray (Fig. 2 face 222 is a sidewall that includes tray 214; Abstract, Col. 6 lines 15-31) for holding a fragrance cartridge (scent cartridge assembly 100, Col. 5 lines 7-19) that slides in and out of opening (see fig. 2 tray 214 blocks an opening when closed and provides an opening when open). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Bistritzky such that the cartridge is included in a tray that is incorporated into a sidewall of the device to arrive at the claimed invention. One would have been motivated to do so to allow for convenient cartridge replacement according to known means to arrive at an improved device. The combination of familiar prior art elements, including cartridge holding means and scent emitter bases, according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A).
Regarding the limitation directed towards a cover: Pestl (US 8,371,740) teaches a cover configured to be removably installed over the base (Fig. 5A 148 wavy translucent shell 148 is placed over the device, Col. 12 lines 22-44), the cover comprising:
an upper surface comprising a first aperture (Fig. 5B shows the open top, reading on a first aperture, the rim reading on an upper surface); and
a cover wall that extends downward from the upper surface (the sidewall shown in 5B);
the cover configured such that, when the cover is installed over the base:
the cover wall of the cover overlaps the sidewall of base, such that the cover wall blocks view of the sidewall (5B shows this);
the first aperture of the cover corresponds to the receiving region of the base, such that the bottom of the flameless candle can be passed through first aperture and received on the receiving region (a flameless candle, which is not positively recited in the claim, could be passed through the open top); and
the aperture of the cover corresponds to the outlet vent of the base, such that the air blown out of the outlet vent passes through the second aperture (Fig. 5B shows the fragrance traveling upwards through the aperture). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Bistritzky such that the device includes a cover as taught by Pestl to arrive at the claimed invention. One would have been motivated to do so to include a cover that can provide aesthetically pleasing patterns and light-emission to arrive at an improved device. Regarding the limitation that there is a second aperture along with the first: this modification would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, as this modification is a mere duplication of existing parts. MPEP 2144.04(VI)(B).
Regarding claim 18, modified Bistritzky further teaches the fragrance cartridge comprises a solid fragrance cartridge (Col. 8 lines 51-60 of Pestl disclose a solid fragrance).
Regarding claim 20, modified Bistritzky further teaches the fragrance cartridge comprises a circular hole with a notch to one side (fig. 1, the basket 42 of cartridge 41 is an open-backed circular structure with a notch on a periphery).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Bistritzky (US 2008/0031784) in view of Wohrle (US 6,783,117) in view of Pestl (US 8,371,740) as applied to claim 17 above and further in view of Seshadri (US 2020/0306404).
Regarding claim 19, modified Bistritzky appears to be silent with regards to a diatomaceous earth.
Seshadri (US 2020/0306404) teaches a fragrance source that comprises diatomaceous earth (par. 55). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by Bistritzky such that the cartridge includes diatomaceous earth to arrive at the claimed invention. One would have been motivated to do so to include a known useful fragrance cartridge component in the fragrance cartridge to arrive at an improved device. The combination of familiar prior art elements according to known means to arrive at results that are nothing more than predictable is prima facie obvious. MPEP 2143(I)(A).
Conclusion
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/BRENDAN A HENSEL/ Examiner, Art Unit 1758