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
This is a first action on the merits for this regular application filed on 01/26/2024
Claim Objections
Claims 1 and 26 are objected to because of the following informalities: in claim 1, line 2; and after the word “having” replace “an” with “a”. In claim 26, line 2; delete word “the” before the word “attaching”. Appropriate correction is required.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 17-19, 23, and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spector (US 4,629,604).
Regarding claim 17, Spector a cartridge (Fig.1:10; col.3, lines 23-43) comprising:
a plurality of chambers (Fig.5:C1-C9), each having a container (Fig.2:13, 14, 15, and H1-H9), wherein each container is capable of being configured to be coupled to a respective controller (Fig.5:H1-H9, S1-S9, and Fig.8:31) within a scent-rendering hardware unit (Fig.4:19);
a plurality of scented media (Fig.1:13), each of the plurality of scented media being stored within a respective container (Fig.2:13, 14, 15, and H1-H9), wherein
each container (Fig.2:14, 15, and H1-H9) includes an element (Fig2:H1-H9) that is configured to control a flow of scented fluid from the container and out of the scent-rendering hardware unit via an outlet (Fig.6:24)
Regarding claim 23, Spector discloses a method (col.4, lines 65-68 through col.5, lines 1-2) of operating a cartridge (Fig.5:21, C1-C9, and H1-H9), the method comprising:
removably attaching the cartridge (Fig.5:21, C1-C9, and H1-H9) to a scent-rendering hardware unit (Fig.10:20), wherein the attaching includes coupling a container (Fig.2:13, 14, 15, and H1-H9) of each of a plurality of chambers of the cartridge to a respective controller (Fig.5:H1-H9, S1-S9, and Fig.8:31) within the scent-rendering hardware unit (Fig.10:20);
an element (Fig.5: H1-H9) of each container (Fig.2:13, 14, 15, and H1-H9) controlling a flow of scented fluid from the container, wherein each container includes a respective one of a plurality of scented media (Fig.1:13), and the flow of scented fluid is out of the scent-rendering hardware unit via an outlet (Fig.6:24).
Regarding claim 18, Spector discloses that each container (Fig.2:13, 14, 15, and H1-H9) is an elongated container extending along the scent-rendering hardware unit (Fig.4:19) toward the outlet (Fig.4:24).
Regarding claim 19, Spector further discloses a coupling (Fig.2:14 and 15) that removably
attaches the cartridge (Fig.1:10) to the scent-rendering hardware unit.
Regarding claim 26, Spector discloses that each container (Fig.2:13, 14, 15, and H1-H9) is an elongated container and attaching the cartridge (Fig.5:21, C1-C9, and H1-H9) includes each elongated container extending along the scent-rendering hardware unit (Fig.10:20) toward the respective outlet (Fig.6:24).
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 20-22 and 24-25 ae rejected under 35 U.S.C. 103 as being unpatentable over Spector (US 4,629,604) as applied to claims 17, 23, and further in view of Kent (US 2006/0188238 A1).
Regarding claims 20-21 and 24-25, Spector appears silent to disclose the use of a gasket.
Kent discloses an air freshener diffuser (Fig.1 and [0041]) that uses replaceable wick system [0059] with a rubberized gasket sealant (Fig.5:34; [0117]) in order to provide a snugly fitting for the wick [0117]. 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 to add Kent gasket sealant to Spector cartridge in order to provide a snugly fitting for the wick.
Regarding claim 22, Spector appears silent to disclose of aerosolized scents.
Kent discloses an air freshener diffuser (Fig.1 and [0041]) that uses aerosolized scents [0042] in order to provide scents that are slowly, gently, and evenly diffused [0049]. 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 to add Kent atomizer to Spector cartridge in order to provide scents that are slowly, gently, and evenly diffused.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONZER R CHORBAJI whose telephone number is (571)272-1271. The examiner can normally be reached M-F 5:30-12:00 and 6:00-9:00.
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/MONZER R CHORBAJI/Primary Examiner, Art Unit 1799
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