DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. This is an office action in response to Applicant's arguments and remarks filed on 06/27/2026. Claims 18-27 are pending in the application and are being examined herein.
Status of Objections and Rejections
3. All rejections from the previous office action are rendered moot in view of Applicant's amendment.
New grounds of rejection under 35 U.S.C. 103 are necessitated by the amendments.
Response to Arguments
4. In the arguments presented on p.7-8 of the amendment, the Applicant argues that Hsiao (US 20200222571 A1, cited in prior office action) does not teach the claim 18 limitations because the combination of Hsiao’s Fig. 4 and 7 embodiment does not produce the claimed result of the diffuser acquiring an inner flange shape/function to support the conduction device.
The Examiner does not find this argument persuasive. The Fig. 7 embodiment teaches the shape of the diffuser 184 conforming to the shape of the shell (i.e., a cylinder). One of ordinary skill would recognize that, when modifying a diffuser to the shell having a flange in the Fig. 3 embodiment in a similar manner, the diffuser would also take the shape of the shell (to which the shell includes the flange). Thus, the diffuser would predictably also take the shape of the shell and the flange portion, meaning the diffuser would also have to take the shape of the shell and the flange (i.e., diffuser also has a flange).
In the arguments presented on p.9 of the amendment, the Applicant argues that the transparent connection member of Hsiao ‘268 (US 20190022268 A1, cited in prior office action) does not serve as an optical conduit to the light guide loop/diffuser because Hsiao ‘268 uses the light emission to time the heating element as predetermined.
The Examiner does not find this argument persuasive. While the full functionality of the transparent connection member may be to turn on/off the heating element for a set duration, the transparent connection member’s function is to transmit light from the light elements from one side to the other and cover the control circuit ([0031] and [0039]). Primary reference Hsiao ‘571 already teaches the light guide loop/diffuser taking in light emitted from its light elements.
In the arguments presented on p.9 of the amendment, the Applicant argues that the insulating unit 16 of Hsiao ‘268 Fig. 2 is a large housing when compared to the thin gasket of Applicant’s insulation unit 121 of Fig. 2.
The Examiner does not find this argument persuasive. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the thickness of the insulating unit) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Objections
5. Claim 21 is objected to because of the following informalities: in line 2, “is flexible” should be corrected to “are flexible”, and in line 2, after “housing” and before “an”, a comma should be put for grammatical accuracy, thus reciting “housing, an”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
6. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
7. Claims 18-19 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Hsiao (US 20200222571 A1), further in view of Hsiao (US 20190247531 A1, cited in prior office action, hereinafter “Hsiao ‘531”), further in view of Hsiao (US 20190022268 A1, hereinafter “Hsiao ‘268”).
Regarding claim 18, Hsiao teaches an aroma and lighting emitting system (Fig. 3-4) comprising: an aroma warmer (1, Fig. 3-4), the aroma warmer comprising a connection device (13, Fig. 3), an anti-loosening nut (anti-loosening nut 151, Fig. 3), a hollow heating element (16, Fig. 3), a thermal conduction device (plate 17, Fig. 3), a shell and a housing (shell 18 with flange 180, Fig. 3), an illumination device (185, Fig. 3-4) and a base (19, Fig. 3), said shell having a first top opening (top opening of shell 18, Fig. 3) and an opposing first bottom opening (opposite bottom opening of shell 18 that connects to base 19, Fig. 3), the housing having a second top opening (flange 180 has a top opening, Fig. 4) and an opposing second bottom opening (flange 180 has a bottom opening, Fig. 4), the base being fastened to said second bottom opening of the housing (base 19 is fastened/mounted to the flange 180 as a whole via nut 151 and connection device 13, Fig. 4), the connection device being mounted inside said housing (connection device 13 is within flange 180, Fig. 3-4) and having one end fastened to a bottom of said thermal conduction device (contacts plate 17, Fig. 4), the hollow heating element surrounding the connection device (heating element 16 surrounds connection device 13 due to hole 163, Fig. 4) and having a top side abutted against a bottom side of said thermal conduction device (heating element 16 contacts plate 17, Fig. 4);
the shell (18, Fig. 4) to define an interior volume (interior space of shell 18, Fig. 4) that is adapted for a detachable aromatic substance container (11, Fig. 4) being heated by the thermal conduction device (plate 17, Fig. 4) from the hollow heating element (heating element 16, Fig. 4) to release scent through the first top opening ([0022]), the shell provided with a plurality of light holes (light holes in shell 18, Fig. 3, most likely light holes 182, as shown in Fig. 7);
the hollow heating element having a connection hole (hole 163, Fig. 4). Hsiao teaches a shell and a housing (shell 18 and flange 180, Fig. 3), but fails to teach the shell can detachably assemble on the housing.
Hsiao ‘531 teaches an aroma and lighting system (Fig. 1), having a shell (case 40, Fig. 1) and a housing (body 10, Fig. 1) that is detachable from one another ([0023]) to provide access to the interior of the device (“the case 40 is removed so as to drop the aromatic substance onto the bored carrier 121 after the aromatic substance completely volatiles or exhausts”, [0028]).
Hsiao and Hsiao ‘531 are both considered to be analogous to the claimed invention because they are in the same field of aroma and lighting systems.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shell and flange single component of Hsiao by making separable the housing and the shell as taught by Hsiao ‘531 for ease of access to the interior of the device (Hsiao ‘531, [0028], see MPEP 2144.04.V.C).
Modified Hsiao teaches an illumination device, but fails to teach a control circuit board with said illumination device.
Hsiao ‘268 teaches an aroma and lighting system (Fig. 1) having a control circuit board (control circuit device 15, Fig. 1) with an illumination device (light emitting elements 153, Fig. 1) having a fourth hole (central hole in control circuit device 15, Fig. 1), the control circuit board serving the purpose of controlling the on/off status of the power source responsible for supplying power to the light emitting devices and the heating element ([0040]).
Modified Hsiao and Hsiao ‘268 are both considered to be analogous to the claimed invention because they are in the same field of aroma and lighting systems.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light device of modified Hsiao by incorporating a control circuit board operatively connected to the light emitting device of Hsiao ‘268 in order to control the on/off status of the power source responsible for supplying power to the light emitting devices and the heating element (Hsiao ‘268, [0040]).
Modified Hsiao further fails to teach the aroma warmer further comprising a transparent lighting case and a light guide loop, the transparent lighting case having a third hole, the transparent lighting case covering the control circuit board with the illumination device for protection, the connection device connecting through the connection hole, the anti-loosening nut, the third hole, and the fourth hole, the anti-loosening nut supporting a bottom side of the hollow heating element.
Hsiao in an alternative embodiment of Fig. 7 teaches a light diffuser (184, Fig. 7) that conforms to the shape of the shell (18, Fig. 7), wherein the light guide loop is made from light-transmissive or semi-light-transmissive materials which can be in colors or transparent or semi-transparent {e.g., “translucent PP plastic diffuser”, [0033]) in order to diffuse the light emitted by the light source and create a halo effect ([0033]). The light diffuser is positioned external/outside of the thermal conduction device (plate 17, Fig. 7) which is inside the shell (18, Fig. 7), which enables the light source (185, Fig. 7) to emit light to the light guide loop and evenly disperse (“diffuse”, [0033]) the emitted light inside the shell through the lighting holes (lighting holes 182, Fig. 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shell of Hsiao’s Fig. 3 embodiment by incorporating a light diffuser/guide loop placed within the shell but external to the thermal conduction plate that conforms to the shape of the shell as taught by the alternative Hsiao Fig. 7 embodiment in order to diffuse the light emitted by the light source and create a halo effect (Hsiao, [0033]).
Hsiao ‘268 further teaches a transparent lighting case (connection member 173, Fig. 1 and [0039]), the transparent lighting case having a third hole (hole 1733, Fig. 5), where the connection device connects through said third hole (connection device 18 connects through third hole 1733, Fig. 5), all in order to cover the control circuit board with illumination device ([0031]) for predictable protection.
The instant combination and Hsiao ‘268 are both considered to be analogous to the claimed invention because they are in the same field of aroma and lighting systems.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the aroma device of the instant combination by further incorporating a transparent lighting case having a third hole that the connection device connects through as taught by Hsiao ‘268 in order to cover the control circuit board with illumination device (Hsiao ‘268, [0031]) for predictable protection.
The instant combination would thus teach the connection device (Hsiao, 13, Fig. 4) connecting through the connection hole (Hsiao, 153, Fig. 4), the anti-loosening nut (Hsiao, 151, Fig. 4), the third hole (Hsiao ‘268, 1733, Fig. 1)Hsia, and the fourth hole (Hsiao ‘268, central hole of control circuit device 15, Fig. 1), the anti-loosening nut supporting a bottom side of the hollow heating element (Hsiao, 151 supporting heating element 16, Fig. 4).
The instant combination thus teaches the light guide loop made from light-transmissive or semi-light transmissive materials (Hsiao, [0033]), the light guide loop configured at an outer periphery of the thermal conduction device inside the shell (Hsiao, external to thermal conduction plate 17, Fig. 4, because the diffuser 184 from Fig. 7 is directly adjacent to shell 18), the light guide loop including an inner flange formed in the interior of the light guide loop (Hsiao, flange portion of diffuser 184 of Fig. 7 formed by flange 180 of Fig. 3, as the flange 180 is part of the shell 18 in Fig. 3), the control circuit board (Hsiao ‘268, control circuit 15, Fig. 1) with the illumination device comprising a light source (Hsiao ‘268, light elements 153, Fig. 1) electrically connected with a power connection unit (Hsiao ‘268, [0040]), the light source emitting light through the transparent lighting case (Hsiao ‘268, connection member 173, Fig. 1) into the light guide loop (Hsiao, diffuser 184, Fig. 7), and the light guide loop distributing the light as a lighting effect through the light holes ([0033]).
The instant combination fails to teach an insulating unit interposed between the inner flange of the light guide loop and the thermal conduction device, the insulating unit disposed directly on the inner flange of the light guide loop, the thermal conduction device placed on the insulating unit, the insulating unit thermally isolating the light guide loop from heat conducted by the thermal conduction device, the insulating unit selected from silicone, rubber, or plastic.
Hsiao ‘268 further teaches an aroma and lighting system (Fig. 1) having an insulating unit (temperature insulation unit 16, Fig. 1) made of plastic ([0039]) placed between the case/shell (10, Fig. 1) and the thermal conduction unit (11, Fig. 1), wherein the insulating unit is directly adjacent and in direct contact with the thermal conduction unit (heating unit 11, Fig. 1) in order to isolate a high temperature of the heating element to stop a heat conductivity of the heating element toward electronic components ([0030]).
The instant Hsiao/Hsiao ‘531/Hsiao ‘268 combination and Hsiao ‘268 are both considered to be analogous to the claimed invention because they are in the same field of aroma and lighting systems.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the aroma warmer of the instant Hsiao/Hsiao ‘531/Hsiao ‘268 combination by incorporating a plastic temperature insulation unit placed in between the case/shell and the heating unit (directly adjacent and in direct contact with the thermal conduction unit) as taught by Hsiao ‘268 in order to isolates a high temperature of the heating element to stop a heat conductivity of the heating element toward electronic components (Hsiao ‘268, [0030]).
Regarding claim 19, the instant combination teaches wherein the insulating unit (Hsiao ‘268, 16, Fig. 1) is arranged on the inner flange of the light guide loop (Hsiao, diffuser 184, Fig. 7) to form a ring surrounding the connection device (Hsiao ‘268 insulation unit 16 is hollow and surrounds its connection device 18, Fig. 1), but fails to teach wherein the insulating unit comprises a plurality of C-shaped pieces.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the configuration and shape of the temperature insulating unit of the instant combination as desired, including a plurality of C-shaped pieces according to decorative preferences, because the configuration of the insulating unit “is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant” (MPEP 2144.04.B). The instant combination already teaches wherein the insulating unit is arranged on the inner flange of the light guide loop to form a ring surrounding the connection device, the only limitation lacking being the configuration and shape(s) of the insulating unit.
Regarding claim 23, the instant combination teaches wherein comprising an aroma substance container disposed in the light guide loop inside the shell (Hsiao, aroma container 11 is placed on the light diffuser because the diffuser takes the shape of the shell and flange it is placed in, Fig. 3) the aroma substance container made from light-transmissive or semi-light-transmissive materials which can be in colors or transparent or semi-transparent (Hsiao, glass as the material of container 11, Fig. 3-4 and [0026]); the light source emitting the light in the light guide loop (Hsiao, light source 185 of Fig. 3 or 7 is placed within the light diffuser of Fig. 7 and emits light, see claim 6 rejection above) and evenly disperse lighting with or without colors inside the shell (Hsiao, [0033]), and the lighting reflects in the aroma substance container producing lighting effect with or without colors through the whole shell and the lighting holes (Hsiao, glass is transparent and reflective, meaning that some incident light coming from the light source 185 would be reflected, thus “producing lighting effect with or without colors through the whole shell and the lighting holes”, Fig. 3).
8. Claims 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Hsiao (US 20200222571 A1), further in view of Hsiao ‘531 (US 20190247531 A1), further in view of Hsiao ‘268 (US 20190022268 A1), as applied to claim 18 above, further in view of Hsiao (US 20190307913 A1, hereinafter “Hsiao ‘913”).
Regarding claim 20, modified Hsiao teaches a light guide loop arranged inside the shell (see claim 18 rejection above), but fails to teach a support loop and a plurality of tabs formed around a peripheral side of the support loop, the support loop is arranged around the light guide loop when the shell is arranged on the housing and cover the light guide loop and support loop, whereby the inner wall of the shell is removably retained with the plurality of tabs of the support loop.
Hsiao ‘913 teaches an aroma diffusing system (Fig. 1-2) having a light guide loop (41, Fig. 2) arranged inside the shell (case 8, Fig. 2), further teaching a support loop (6. Fig. 2) and multiple tabs formed around a peripheral side of the support loop (multiple abutting ribs 61, Fig. 2), where the support loop is arranged around the light guide loop (support loop 6 is placed around light guide loop 41, Fig. 2 and 5) when the shell (case 8, Fig. 2 and 5) is arranged on the housing (body 1, Fig. 2 and 5) and covers the light guide loop and support loop (case 8 covers both light guide loop 41 and support loop 6, Fig. 5), the inner wall of the shell is removably retained with the multiple tabs of the support loop (“an inner wall of the second case 8 removably retains with the multiple abutting ribs 61 of the support loop 6”, [0042]), all in order to support and allow for removable retention of the components in contact with the support loop ([0042]).
The Hsiao/Hsiao ‘531/Hsiao ‘268 combination and Hsiao ‘913 are both considered to be analogous to the claimed invention because they are in the same field of aroma diffusing systems.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light guide loop arranged inside the shell of the Hsiao/Hsiao ‘531/Hsiao ‘268 combination by incorporating a support loop arranged around the light guide loop when the shell is arranged on the housing as taught by Hsiao ‘913 in order to support and allow for removable retention of the components in contact with the support loop (Hsiao ‘913, [0042]).
Regarding claim 21, the instant combination teaches wherein the plurality of tabs is flexible (Hsiao ‘913, [0042]), and when the shell (case 8, Fig. 2 and 5) is arranged on the housing (body 1, Fig. 2 and 5), an inner wall of the shell forces the plurality of tabs to flexibly deform (Hsiao ‘913, flexible ribs 61 of flexible support loop 6means the tabs can flexibly deform given an external physical force such as the shell on the housing body Fig. 2 and 5), so that the plurality of tabs urges the support loop to abut against the inner wall of the shell (Hsiao ‘913, the ribs 61 will materially want to go back to its original shape, Fig. 2 and 5).
9. Claims 24 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Hsiao (US 20200222571 A1), further in view of Hsiao ‘531 (US 20190247531 A1), further in view of Hsiao ‘268 (US 20190022268 A1), as applied to claim 18 above, further in view of Hsiao (US 20160195257 A1, hereinafter Hsiao ‘257).
Regarding claim 24, the instant combination teaches whereby the transparent lighting case (Hsiao ‘268, connection member 173, Fig. 1) is secured to the base (Hsiao, base 19, Fig. 3) with the control circuit board with the illumination device retained therebetween (Hsiao ‘268, control circuit device 15, Fig. 1), but fails to teach wherein the transparent lighting case comprises a plurality of hooks projecting downward from a bottom side of the transparent lighting case, the plurality of hooks extending through the control circuit board with the illumination device and engaging a corresponding plurality of receivers on the base.
Hsiao ‘257 teaches an aroma diffuser (Fig. 2) with a control circuit board (52, Fig. 2) having a plurality of light emitting elements (51, Fig. 2) in operative connection to the circuit board ([0029]), where the top/right/first housing member (21, Fig. 2) comprises a plurality of hooks projecting downward from a bottom side of the first housing member (211, Fig. 2) the plurality of hooks extending through the control circuit board with the illumination device (52, Fig. 2) and engaging a corresponding plurality of receivers (hook holes 221, Fig. 2) on the base (second housing member 22, Fig. 2), in order to fasten/secure the control circuit board within the two housing members ([0025]).
The instant combination and Hsiao ‘257 are both considered to be analogous to the claimed invention because they are in the same field of aroma diffusers with two-part housings for control circuit boards with lighting elements.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the transparent lighting case and the base of the instant combination by incorporating a plurality of hooks/receiving slots on the first/lighting case and second/base housing members, respectively, as taught by Hsiao ‘257, because doing so would fasten/secure the control circuit board within the two housing members (Hsiao, [0025]) with a reasonable expectation of success.
Regarding claim 25, the instant combination would teach wherein the plurality of hooks (Hsiao ‘257, hooks 211, Fig. 2) of the transparent lighting case (Hsiao ‘268, connection member 173, Fig. 2) have a hook length dimensioned to maintain a separation gap between a bottom face of the transparent lighting case and a top face of the control circuit board with the illumination device (Hsiao ‘268, Fig. 3), the separation gap accommodating the light source mounted on the top face of the control circuit board with the illumination device (Hsiao ‘268, gap between connection member 173 and circuit board 15, Fig. 3), whereby the transparent lighting case is spaced above the light source without contacting the light source (there exists a separation gap between those two components so there is no contact).
Allowable Subject Matter
10. Claims 22 and 25-26 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 22, the prior art, alone or in combination, fails to teach or fairly suggest the structural limitations of the present claim. The closest prior art to the claimed invention (Hsiao - of record), alone or in combination, is set forth above but does not teach or suggest wherein the transparent lighting case, the control circuit board with the illumination device, the support loop, the light guide loop, the hollow heating element, the anti-loosening nut, and the thermal conduction device are concentrically nested within the housing through the second top opening, and the shell detachably assembles over the housing to enclose the concentrically nested components.
The detachable flange 180 of modified Hsiao’s Fig. 1 is mapped as the housing. The transparent lighting case, the control circuit board with the illumination device, and the anti-loosening nut are external to the flange and there would be no motivation to jam the aforementioned components. The top opening of the flange is to accommodate the aroma container 11 and partially include the modified features of the light guide loop, the support loop around the light guide loop, and the insulating unit (the thickness of the flange becomes a limiting factor when trying to cram the other recited components in claim 22).
Regarding claim 25, the prior art, alone or in combination, fails to teach or fairly suggest the structural limitations of the present claim. The closest prior art to the claimed invention (Hsiao - of record), alone or in combination, is set forth above but does not teach or suggest wherein the transparent lighting case comprises a peripheral notch formed on an outer edge of the transparent lighting case, the control circuit board with the illumination device comprises a corresponding peripheral notch formed on an outer edge of the control circuit board with the illumination device, the peripheral notch of the transparent lighting case and the peripheral notch of the control circuit board with the illumination device being aligned with each other and with an opening in a side wall of the housing, whereby the aligned peripheral notches define a wire routing channel through the transparent lighting case and the control circuit board with the illumination device for routing an electrical connection from outside the housing through the side wall opening to the control circuit board with the illumination device and the hollow heating element, the wire routing channel being distinct from the third hole of the transparent lighting case through which the connection device passes.
Secondary reference Hsiao ‘268 does teach a peripheral notch to accommodate wires (aperture 1753, Fig. 1), but fails to teach the notch being on the transparent lighting case (connection member 173, Fig. 1) nor the control circuit board (15, Fig. 1), much less them being aligned. The transparent lighting case’s hole 1735 to accommodate the connection device 18 cannot be this notch, as the claim recites “channel being distinct from the third hole of the transparent lighting case through which the connection device passes”.
Furthermore, the housing (primary reference Hsiao’s flange 180 of Fig. 3) would have to somehow incorporate an opening that simultaneously aligns with the peripheral notches. This modification is impossible for the same reason why claim 22 is allowable – the transparent lighting case and circuit board are external to the flange and there would be no motivation to jam the aforementioned components, much less have an opening on the side of the flange. The top opening of the flange is to accommodate the aroma container 11 and partially include the modified features of the light guide loop, the support loop around the light guide loop, and the insulating unit (the thickness of the flange becomes a limiting factor when trying to cram the other recited components in claim 22).
Claim 26 is allowable due to a dependency basis from claim 25.
Conclusion
11. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aham Lee whose telephone number is (703)756-5622. The examiner can normally be reached Monday to Thursday, 10:00 AM - 8:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris R. Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Aham Lee/Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
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