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 .
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.
Claim(s) 1–20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Becker et al. (US Pub. # 20180036448), hereinafter referred to as Becker.
Regarding claim 1, Becker teaches, “A scent solution weight loss device (see para. [0073, 0074, 0126]), comprising: a housing configured to retain a scent solution (para. [0101–0103]); a sensor comprising one or more pressure sensors configured to directly measure a change in weight of the scent solution in the housing as the scent solution is emitted, wherein the change in weight is measured as mass and stored as weight loss data of the scent solution (para. [0126]); and an output device configured to provide the weight loss data to a weight loss application, wherein the weight loss application is configured to determine a scent solution lifetime based on the weight loss data (para. [0126, 0135, 0143, 0233]).”
Regarding claim 2, Becker teaches, “wherein the weight loss application is configured to generate a scent solution profile using the weight loss data (para. [0145, 0180–0183, 0269]).”
Regarding claim 3, Becker teaches, “wherein the scent solution profile shows a change in scent solution over a measured time (para. [0180, 0189, 0211, 0212]).”
Regarding claim 4, Becker teaches, “wherein the sensor is further configured to measure a temperature of the scent solution (para. [0148, 0159]).”
Regarding claim 5, Becker teaches, “wherein the scent solution profile further includes the measured temperature of the scent solution (para. [0148, 0159, 0180, 0181]).”
Regarding claim 6, Becker teaches, “wherein the housing further includes a heating element configured to heat the scent solutions to a temperature (para. [0076]).”
Regarding claim 7, Becker teaches, “wherein the weight loss data includes a detected temperature, a detected intensity, and a detected duration (para. [0077, 0126, 0134, 0144–0148, 0180–0185]).”
Regarding claim 8, Becker teaches, “wherein the weight loss application determines the scent solution lifetime based on the detected temperature, the detected intensity, and the detected duration (para. [0077, 0126, 0134, 0144–0148, 0180–0185]).”
Regarding claim 9, Becker teaches, “A method of determining a scent solution lifetime (para. [0073, 0074, 0126]), the method comprising: receiving from a first weight loss testing device with one or more pressure sensors configured to directly measure a change in weight measured as mass, first weight loss data for a first scent solution in a first container, the first weight loss data including a change in weight of the first scent solution in the first container, a first weight loss device temperature setting, a first weight loss device intensity setting, and a first weight loss device duration (para. [0073, 0074, 0126, 0159, 0164]); receiving from a second weight loss testing device, second weight loss data for a second scent solution in a second container, the second weight loss data including a change in weight of the second scent solution in the second container, a second weight loss device temperature setting, a second weight loss device intensity setting, and a second weight loss device duration (para. [0073, 0074, 0126, 0159, 0164]); and determining a first scent solution lifetime for the first scent solution using the first weight loss data and a second scent solution lifetime for the second scent solution using the second weight loss data (see para. [0073, 0074, 0126, 0135, 0180–0185, 0233]).”
Regarding claim 10, Becker teaches, “wherein the first scent solution and the second scent solution are a same scent type (para. [0073, 0074, 0189, 0261, 0262]).”
Regarding claim 11, Becker teaches, “determining an overall scent solution lifetime based on the first scent solution lifetime and the second scent solution lifetime; and providing the overall scent solution lifetime to a scent application for display (para. [0073, 0074, 0126, 0135, 0180–0185, 0233]).”
Regarding claim 12, Becker teaches, “wherein the first weight loss data is a first graph showing the change in the first scent solution in the first container over the first weight loss device duration and the second weight loss data is a second graph showing the change in the second scent solution in the second container over the second weight loss device duration (para. [0145, 0184–0188, 0291]).”
Regarding claim 13, Becker teaches, “determining an optimal scent solution lifetime based on the overall scent solution lifetime (para. [0030, 0126, 0159–0161, 0240]).”
Regarding claim 14, Becker teaches, “wherein the first weight loss device temperature setting is different from the second weight loss device temperature setting (para. [0148, 0159–0164, 0171, 0180, 0181]).”
Regarding claim 15, Becker teaches, “wherein the first weight loss device intensity setting is different from the second weight loss device intensity setting (para. [0148, 0159–0164, 0171, 0180, 0181]).”
Regarding claim 16, Becker teaches, “wherein the first weight loss device duration is different from the second weight loss device duration (para. [0148, 0159–0164, 0171, 0180, 0181]).”
Regarding claim 17, Becker teaches, “A scent solution weight loss system (para. [0073, 0074, 0126]), comprising: a weight loss device configured to receive a scent solution and measure weight loss data of the scent solution over time, wherein the weight loss device includes one or more pressure sensors configured to directly measure a change in weight of the scent solution and wherein the weight loss data includes the change in weight measured as mass (para. [0077, 0126, 0134, 0144–0148, 0180–0185]); a weight loss application configured to receive the weight loss data and generate a scent solution profile based on the weight loss data (para. [0145, 0180–0183, 0269]); and a scent dispenser configured to receive the scent solution profile and adjust one or more scent dispenser settings based on the scent solution profile (para. [0077, 0126, 0134, 0144–0148, 0180–0185]).”
Regarding claim 18, Becker teaches, “wherein scent dispenser settings include a temperature setting and an intensity setting and the scent dispenser adjusts one or more of the temperature setting and the intensity setting based on the scent solution profile (para. [0077, 0126, 0134, 0144–0148, 0180–0185]).”
Regarding claim 19, Becker teaches, “wherein the weight loss application determines a scent solution lifetime based on the weight loss data (para. [0077, 0126, 0134, 0144–0148, 0180–0185]).”
Regarding claim 20, Becker teaches, “wherein the scent dispenser adjusts one or more of the temperature setting and the intensity setting based on the scent solution lifetime to extend an operational time of the scent solution (para. [0077, 0126, 0134, 0144–0148, 0180–0185]).”
Response to Arguments
Applicant's arguments filed April 15, 2026 have been fully considered but they are not persuasive.
Applicant states, “Regarding claim 1, without acquiescence to the propriety of the rejections under 35 U.S.C. § 102, this claim recites, in part:
"...a sensor comprising one or more pressure sensors configured to directly measure a
change in weight of the scent solution in the housing as the scent solution is
emitted, wherein the change in weight is measured as mass and stored as detect
weight loss data of the scent solution..." (Emphasis added)
The cited portions of Becker do not disclose or otherwise render obvious the above- emphasized elements of amended claim 1. Specifically, the Office Action on page 2 indicates that Becker describes in paragraph [0126] detecting weight loss data. However, [0126] is merely a list of different ways the switching system can work, such as "load cells to measure the mass in the package". The rest of the cited portions of Becker are silent with regards to measuring a mass of a scent solution.” The Office disagrees with applicant’s conclusions.
It is noted that the arguments with respect to independent claim 1 are also directed to independent claims 9 and 17 (see remarks, page 3).
In paragraph [0126] of Becker (US Pub. # 20180036448), a weight loss device, including a switching system is described, which includes load cells to measure the mass in the package, which teaches the claimed, “sensor comprising one or more pressure sensors, configured to directly measure a change in weight…measured as mass”. Furthermore, as described in [0121–0126] of Becker, the “switching system” controls automated switching between packages, dependent on the measurements. Notably, applicant argues (1st full paragraph on page 3 of remarks) details described in the specification which are not specifically claimed in claims 1, 9, and 17. Therefore, because Becker teaches each of the “housing…retain[ing] a scent solution”, “a sensor comprising one or more pressure sensors…measured as mass and stored as weight loss data…”, and “an output device…configured to determine a scent solution lifetime based on the weight loss data”, the claims stand rejected as shown above and as previously set forth in the Office action dated January 15, 2026. Claims 9 and 17 follow the same reasoning as independent claim 1 shown above.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D WALSH whose telephone number is (571)272-2726. The examiner can normally be reached M-F, 8:30am-6:30pm.
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/RYAN D WALSH/Primary Examiner, Art Unit 2852
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