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.
Claims 7, 11, 16-18 and 22-23 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Tranzeat, L. (US Pat. Pub. No. 2008/0311008, hereinafter Tranzeat).
In regards to Claim 7, Tranzeat discloses a cartridge configured to be connected to a fragrance dispenser, the cartridge comprising:
a shell (#10a) comprising a first shell end (top end of shell #10a), a second shell end (bottom end of shell #10a), a shell body extending between the first and second shell ends, and an interior within the shell body (see figures 1 and 8);
an impeller (#5, #5’, #5”) positioned at least partially within the interior of the shell (#10a), the impeller (#5, #5’, #5”) comprising:
a first impeller end (top end of impeller #5, #5’, #5”), a second impeller end (bottom end of impeller #5, #5’, #5”), an impeller body extending between the first and second impeller ends, and a cavity formed within the impeller body, the cavity configured to receive and engage a shaft (#6) of the fragrance dispenser when the cartridge is connected to the fragrance dispenser; and a blade connected to the impeller body (see figures 1-8 and paragraphs [0101]-[0103]);
wherein at least one of the impeller body and the blade is embedded with a fragrant material (see paragraphs [0101]-[0103]); and
a lid (#9) configured to be connected to the shell (#10a) at the first shell end, the lid (#9) comprising an aperture configured to allow the shaft (#6) of the fragrance dispenser to pass through the lid (#9) and into the cavity of the impeller (#5, #5’, #5”) when the cartridge is connected to the fragrance dispenser (see figure 8);
wherein the impeller (#5, #5’, #5”) is configured to be rotated by the shaft (#6) within the interior of the shell when the cartridge is connected to the fragrance dispenser, thereby causing fragrance from the fragrant material to be dispersed to an ambient environment (see figures 1-8 and paragraphs [0101]-[0103]).
In regards to Claim 11, Tranzeat discloses wherein the impeller body and the blade are integral with one another (see figures 1 and 8).
In regards to Claim 16, Tranzeat discloses a fragrance cartridge comprising:
a casing (#10b) configured to connect to a fragrance dispenser (device for dispensing an active composition) (see figures 1-8 and paragraph [0025]); and
an impeller (#5, #5’, #5”) positioned in the casing (#10b), the impeller comprising an impeller body and a blade (#5, #5’, #5”), wherein the impeller is embedded with a fragrant material (see figures 1-8 and paragraphs [0025] and [0101]-[0103]);
wherein, with the cartridge (#10a) connected to the fragrance dispenser (device for dispensing an active composition), the impeller (#5, #5’, #5”) is configured to be rotated in the casing (#10b) to allow fragrance from the fragrant material to be dispersed to an ambient environment (see figures 1-8 and paragraphs [0101]-[0104]).
In regards to Claim 17, Tranzeat discloses wherein the impeller (#5, #5’, #5”) further comprises a cavity formed in the impeller body, said cavity configured to receive and engage a shaft (#6) of the fragrance dispenser when the cartridge (#10b) is connected to the fragrance dispenser, and wherein the impeller is configured to be rotated by the shaft (#6) (see figures 1-8 and paragraphs [0101]-[0104]).
In regards to Claim 18, Tranzeat discloses wherein the casing further comprises:
a shell (#11) configured to receive the impeller (#5, #5’, #5”) (see figure 1 and paragraph [0101]); and
a lid (#9) configured to connect to the shell to at least partially enclose the impeller (#5, #5’, #5”), the lid (#9) comprising an aperture configured to allow said shaft (#6) to pass through the lid and into the cavity of the impeller (#5, #5’, #5”) when the cartridge is connected to the fragrance dispenser (see figures 1, 5 and 8).
In regards to Claim 22, Tranzeat discloses an impeller (#5, #5’, #5”) configured to be received in a cartridge (#10b) for use with a fragrance dispenser (device for dispensing an active composition), the impeller embedded with a fragrant material and comprising:
a top end and a bottom end (see figures 1 and 8);
a body extending between the top and bottom ends, the body comprising a cavity extending from the top end partially toward the bottom end, said cavity configured to receive and engage a shaft (#6) of the fragrance dispenser such that rotation of the shaft (#6) causes rotation of the impeller (#5, #5’, #5”) about an impeller axis (see figures 1 and 8 and paragraphs [0101]-[0104]); and
a plurality of blades extending radially outward from the body and spaced from one another (see figures 1 and 8);
wherein the bottom end is configured to receive a post (#4) projecting upward from the cartridge to facilitate rotation of the impeller (#5, #5’, #5”) about the impeller axis (see figures 1 and 8 and paragraphs [0101]-[0104]).
In regards to Claim 23, Tranzeat discloses an assembly comprising the impeller (#5, #5’, #5”) of claim 22 and further comprising said cartridge (#10b) (see figures 1-8).
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 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Tranzeat.
In regards to Claim 10, Tranzeat discloses the cartridge as recited in claim 7. Although Tranzeat does not explicitly disclose wherein the impeller body and the blade to comprise ethylene-vinyl acetate (EVA), changing the type of material is a mere engineering design choice, in order to obtain a desired end-result, such as for improved sorption of the fragrant material or for improving/extending the life of the impeller body and blade, and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.04.
In regards to Claim 12, Tranzeat discloses the cartridge as recited in claim 7. Although Tranzeat does not explicitly disclose wherein the cavity of the impeller extends only partially through the impeller body, adjusting the size cavity of the impeller to extend only partially through the impeller body is a mere engineering design choice, and is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.04.
Allowable Subject Matter
Claims 8-9, 13-15 and 19-21 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 2-6 are allowed.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
In regards to Claim 2, Murdelak et al. (WO2012/125205)- which is considered the closest prior art of record, discloses a cartridge configured to be connected to a fragrance dispenser (#100), the cartridge comprising:
a shell (#104) comprising:
a first shell end (bottom end of shell #104, a second shell end (top end of shell #104) opposite the first shell end, a shell body (#104) extending between the first and second shell ends, an interior within the shell body, and a shell axis extending through a center of the shell body (see figures 1-4 and page 9, 1st paragraph);
a first opening (#106) at the first shell end and a second opening (#116) at the second shell end, each of the first (#106) and second openings (#116) centered about the shell axis and in fluid communication with the interior of the shell see figures 1-4 and page 9, 2nd paragraph and page 10, 3rd paragraph); and
a plurality of struts (#122) extending from a portion of the shell body at the second shell end and partially across the second opening (#116), the plurality of struts (#122) joining one another and forming a stop that is intersected by the shell axis (see figures 5-8 and page 9, 2nd paragraph and page 10, 3rd paragraph).
The differences between Murdelak and the instant invention is that Murdelak fails to disclose: (1) an impeller positioned at least partially within the interior of the shell and above the stop formed by the plurality of struts, the stop configured to inhibit the impeller from passing through the second opening of the shell, the impeller comprising: (a) a first impeller end, a second impeller end opposite the first impeller end, an impeller body extending between the first and second impeller ends, a cavity formed within the impeller body, and an impeller axis extending through a center of the impeller body, (b) a plurality of blades extending radially outward from the impeller body and spaced from one another, (c) wherein the impeller body and each of the plurality of blades are embedded with a fragrant material such that fragrance emanates from the impeller body and the plurality of blades, (2) a lid configured to be connected to the shell at the first shell end to at least partially cover the first opening of the shell, the lid comprising: (a) a top portion, (b) a side portion oriented transverse relative to the top portion and extending around a perimeter of the top portion, (c) a plurality of windows extending through the side portion and spaced from one another, the plurality of windows of the lid configured to allow the fragrance to pass through the lid and into an ambient environment, and (d) an aperture on the top portion of the lid, wherein the aperture is configured to allow a shaft of the fragrance dispenser to pass through the top portion of the lid and into the cavity of the impeller when the cartridge is connected to the fragrance dispenser; and the cavity of the impeller is configured to receive and engage the shaft such that rotation of the shaft causes rotation of the impeller within the interior of the shell about the impeller axis, thereby causing the fragrance to be dispersed to the ambient environment.
Tranzeat, L. (US Pat. Pub. No. 2008/0311008)-which is the second closest prior art of record, discloses a fragrance cartridge comprising:
a shell (#10a) comprising (see figures 1-8 and paragraph [0025]);
a first shell end (top end of shell #10a), a second shell end (bottom end of shell #10a) opposite the first shell end, a shell body extending between the first and second shell ends, an interior within the shell body, and a shell axis extending through a center of the shell body (see figures 1-8 and paragraphs [0025] and [0101]-[0103]);
an impeller (#5, #5’, #5”) positioned at least partially within the interior of the shell (#10a) (see figures 1-8 and paragraphs [0025] and [0101]-[0103]), the impeller comprising:
a first impeller end, a second impeller end opposite the first impeller end, an impeller body extending between the first and second impeller ends, a cavity formed within the impeller body, and an impeller axis extending through a center of the impeller body (see figures 1 and 8);
a plurality of blades extending radially outward from the impeller body and spaced from one another (see figures 1 and 8);
wherein the impeller body and each of the plurality of blades are embedded with a fragrant material such that fragrance emanates from the impeller body and the plurality of blades (see figures 1 and 8 and paragraphs [0101]-[0103]);
a lid (#9) configured to be connected to the shell (#10a) at the first shell end to at least partially cover the first opening of the shell (#10a), the lid comprising:
a top portion (see figure 1);
a side portion oriented transverse relative to the top portion and extending around a perimeter of the top portion (see figure 1); and
an aperture on the top portion of the lid (see figures 1 and 8);
wherein
the aperture is configured to allow a shaft (#6) of the fragrance dispenser to pass through the top portion of the lid (#9) and into the cavity of the impeller (#5, #5’, #5”) when the cartridge is connected to the fragrance dispenser (see figures 1-8 and paragraphs [0101]-[0103]); and
the cavity of the impeller (#5, #5’, #5”) is configured to receive and engage the shaft (#6) such that rotation of the shaft (#6) causes rotation of the impeller (#5, #5’, #5”) within the interior of the shell (#10a) about the impeller axis, thereby causing the fragrance to the dispersed to the ambient environment (see figures 1-8 and paragraphs [0101]-[0103]).
wherein, with the cartridge (#10a) connected to the fragrance dispenser (device for dispensing an active composition), the impeller (#5, #5’, #5”) is configured to be rotated in the casing (#10b) to allow fragrance from the fragrant material to be dispersed to an ambient environment (see figures 1-8 and paragraphs [0101]-[0104]).
The differences between Tranzeat and the instant invention is that Tranzeat fails to disclose: (1) a plurality of struts extending from a portion of the shell body at the second shell end and partially across the second opening, the plurality of struts joining one another and forming a stop that is intersected by the shell axis, (2) the impeller positioned at least partially within the interior of the shell and above the stop formed by the plurality of struts, the stop configured to inhibit the impeller from passing through the second opening of the shell, and (3) a plurality of windows extending through the side portion and spaced from one another, the plurality of windows of the lid configured to allow the fragrance to pass through the lid and into an ambient environment.
Applicant discloses on paragraphs [0089]-[0090] of published specification that: “The fragrance reservoir 114 can be contained in a casing, such as a hard plastic case. The casing can include a shell 160 and a lid 161. The shell 160 can comprise a taper such that an upper portion is wider than a lower portion. A lower end (e.g., bottom) of the shell 160 can include a grip G, such as ribs, knurling, a handle, etc. When the cartridge 112 is in the disengaged position, the grip can protrude out of the housing H. The grip can provide a convenient location to grasp the cartridge 112, such as during installation and/or removal from the housing H. The shell 160 can have a lower opening O. In some embodiments, the lid 161 includes the vents V. The lid 161 can be configured to engage (e.g., abut) the engagement element 130. The lid 161 can be configured to receive the engagement element 130. For example, the lid 161 can include a groove that the engagement element 130 fits into when the cartridge 112 is connected with the support element 129. The groove and/or the engagement element 130 can be rounded or chamfered to facilitate guiding the engagement element 130 into the groove. The lid 161 can have windows W. The windows W align with and/or be in fluid communication with the vents V. In some embodiments, air can enter the opening O, pass over and/or around the fragrance reservoir 114, and exit through the windows W and vents V. In some variants, air can enter the vents V and windows W, pass over and/or around the fragrance reservoir 114, and exit through the opening O. The shell 160 can have one or more struts 162, such as ribs. The struts 162 can protrude into the opening O. The struts can include a stop 163, such as at the intersection of the struts 163. The stop 163 can limit downward travel of the impeller 126 relative to the shell 160.”
There is no reason, motivation or suggestion in Tranzeat or Murdelak, alone or in combination, which would motivate one of ordinary skill in the art to have a cartridge with the above configuration, as claimed by the applicant, in order to arrive at the claimed invention. For this reason, the above claims are considered allowable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JELITZA M PEREZ whose telephone number is (571)272-8139. The examiner can normally be reached Monday-Friday 9:00am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JELITZA M PEREZ/ Primary Examiner, Art Unit 1774