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 .
FINAL ACTION
Response to Amendment
The amendment filed on 6/03/2026 has been received and claims 1 and 3-15 are pending.
Election/Restrictions
Claim 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/03/2026.
Claim Objections
Claim 7 is objected to because of the following informalities:
in line 2 of Claim 7, delete “on/ off” and insert --on/off--;
in line 2 of Claim 7, delete “and/ or” and insert --and/or--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “electrical heating element” and “control module” and “function module” and “simulation module” and “sample device” in claim 1; “manually operable setting device” in claim 7; “electrically resistive element” in claim 14.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. In particularly, the corresponding structure for the “electrical heating element” is a heating body/a heating element housing made of a thermally conductive material and at least one electrical resistance element (aka electrically resistive element) in the form of a heating coil (see claim 14 and p. 10 lines 17-25 of Specification). The corresponding structure for the “control module” is deemed to be a control algorithm in the form of a PID controller (see claim 5). The corresponding structure for the “function module”/”simulation module” is a microcomputer unit (MCU) (see p. 5 lines 11-13 of Specification). The corresponding structure for the “sample device” is deemed to be the claimed device in its entirety. The corresponding structure for the “manually operable setting device” is an operating button 7. The corresponding structure for “electrically resistive element” is a heating coil (see claim 14 and p. 10 lines 17-25 of Specification).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “capillary element” and “comparator unit” and “temperature measuring device” and “corresponding function” in claim 1; “comparator unit” in claim 5; “radio module” and “external display and control device” in claim 8; “display and control unit” in claim 10, “plug component” in claim 13; “heating body” in claim 14.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 and 3-14 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 "the at least one function module of the device series" in 4th line from the bottom. There is insufficient antecedent basis for this limitation in the claim.
In Claim 5, it is not clear whether “a control algorithm” of the control module is a separate/distinct control algorithm from “a stored control algorithm” as set forth in the parent claim 1.
In Claim 5, it is not clear “a comparator unit” in lines 4-5 is the same or a separate/distinct comparator unit than “a comparator unit” as set forth in the parent claim 1.
In Claim 10, it is not clear “a display and control unit” in line 3 is the same or a separate/distinct comparator unit than “an external display and control device” as set forth in the parent claim 1.
Claim 13 recites the limitation "the plug contacts" in line 2. There is insufficient antecedent basis for this limitation in the claim.
In Claim 14, it is not clear what the limitation “the at least one heating element is an electrical heating element” in lines 2-3 is attempting to set forth as the parent claim 1 already claimed “at least one electrical heating element”. In addition, it is not clear whether there is a separate heating element housing and a thermally conductive material in an electrical heating element which appears to be same component (i.e. housing made from a thermally conductive material - see p. 10 lines 17-25, specifically lines 18-19, of Specification).
Claims 3-4, 6-9 and 11-12 are rejected due to their dependence on a rejected claim.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 3-4, 7, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Jin (WO2007138246) in view of Wingo (WO2007136795) and Monsees (20160174611).
As to Claim 1, Jin (‘246) discloses a device for dispensing (see fig. 1), in particular for vaporizing volatile substances, in particular fragrances and/or active ingredients, said device comprising:
a container (10) for a substance to be dispensed, which is at least partially insertable into the housing (20),
a wick (18) as capillary element which is in contact with the substance to be dispensed, and which is arranged at least partially in the container (10) and forms part of the container (10), and which has a wick- side substance-dispensing region (i.e. upper part/end of 18),
at least one electrical heating element (20) in the region of the wick-side substance-dispensing region (i.e. upper part of 18), by means of which a substance-air flow which is enriched with substance and which flows away from the device and out of the housing (20) by means of heat transfer to the substance-dispensing region (i.e. upper part of 18),
wherein the device includes a temperature measuring device (see entire document, particularly p. 13 line 10 to p.14 line 12) for measurement of the wick temperature (TD) at the wick-side substance- dispensing region (i.e. upper part of 18), having at least one temperature sensor (22) and having a measuring value output at which, during operation, an electrical wick temperature measuring signal corresponding to the currently measured wick temperature (TD) is supplied,
a control device for controlling the wick temperature (TD) at the wick-side substance dispensing region (i.e. upper part of 18) (see entire document, particularly p. 13 line 1, p. 14 line 26 to p. 15 line 8), and
wherein the control device comprises a control module at which a wick temperature setpoint value is set with a setpoint value actuator, preferably in a functionally permissible setpoint value range not damaging the capillary structure of the wick end, and at which the actual wick temperature measurement signal is input as the actual wick temperature value (TD), and which varies and adapts the heating power of the electric heating element with an algorithm by means of a comparator unit and a stored control algorithm in order to achieve and maintain the wick temperature setpoint value (see entire document, particularly p. 14 lines 1-7 and 14-24, p. 14 line 26 to p. 15 line 8, p. 16 lines 9-10).
Jin (‘246) does not appear to specifically teach that the device comprises a housing, or that the temperature measuring device for simulating and indirectly measuring the wick temperature (TD) at the wick-side substance-dispensing region has at least two temperature sensors, wherein at least one of said at least two temperature sensors is arranged as a heating element temperature sensor for measuring a heating element temperature (TH) on or in the at least one electrical heating element, wherein at least one semiconductor temperature sensor, is arranged as an ambient temperature sensor for measuring the ambient air temperature in the housing spaced apart from the at least one electrical heating element in the housing, wherein the temperature measuring device has at least one function module as a simulation module with a computing function and/ or memory function, to which the at least two temperature sensors for inputting the measured heating element temperature (TH) and a measured ambient air temperature (TU) are connected, wherein the wick temperature (TD) at the wick-side substance-dispensing region is indirectly determinable from the measured heating element temperature (TH) and the measured ambient air temperature (TU) by means of the at least one function module in such a manner that the functional relationship between the measured heating element temperature (TH) and the measured ambient air temperature (TU) for the determination of the wick temperature (TD) TD = f(TH, TU) has been determined experimentally in advance on the basis of at least one sample device of a device series and a corresponding function, as an algorithm and/or as a characteristic diagram and/or as a characteristic curve, stored in the at least one function module of the device series, and wherein during operation of the device and by evaluating a stored function, a current wick temperature measurement signal, which is available as a wick temperature actual value signal, is determined and output by the at least one function module.
As to the limitation that the device comprises a housing, it was known in the art before the effective filing date of the claimed invention to provide a housing in a device for dispensing. Wingo (‘795) discloses a device for dispensing (20; 60; 80) (see Figures 1-13), in particular for vaporizing volatile substances, in particular fragrances and/or active ingredients, said device (20; 60; 80) comprising:
a housing (22; 62);
a container (32) for a substance to be dispensed, which is at least partially insertable into the housing (22; 62) (see Figures 5-9),
a wick (38) as capillary element which is in contact with the substance to be dispensed (see entire document, particularly Figures 1-9, p. 10 lines 2-3), and which is arranged at least partially in the container (38) and forms part of the container (32), and which has a wick-side substance-dispensing region (i.e. upper part of 38) (see entire document, particularly Figures 2-3, 6-7 and 9, p. 9 lines 26-27), and
at least one electrical heating element (24) in the region of the wick-side substance-dispensing region (i.e. upper part of 38), by means of which a substance-air flow which is enriched with substance and which flows away from the device (20; 60; 80) and out of the housing (20) by means of heat transfer to the substance-dispensing region (see entire document, particularly Figures 1-3 and 6-9),
in order to contain various components of the device as well as to provide a singular compact device (see Figures 1-9).
It would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to provide a housing in the device of Jin as a known additional component in order to contain various components of the device so as to provide a compact device as shown by Wingo.
As to the limitations that the temperature measuring device has at least two temperature sensor where at least one of said two temperature sensors is arranged as a heating element temperature sensor, wherein at least one semiconductor temperature sensor is arranged as an ambient temperature sensor, and that the temperature measuring device has at least one function module, it was known in the art before the effective filing date of the claimed invention to provide at least two temperature sensors. Monsees (‘611) discloses a device (100; 200) for dispensing (see Figures 1-2), the device (100; 200) comprising:
a housing (101; 201);
a substance to be dispensed (106) which is at least partially insertable into the housing (101) (see Figure 1);
at least one electrical heating element (105; 205);
a temperature measuring device having at least two temperature sensors (see entire document, particularly p. 1 [0010] – lines 5-8),
wherein at least one of said at least two temperature sensors is arranged as a heating element temperature sensor for measuring the heating element temperature (TH) on or in the at least one electrical heating element (105; 205) (see entire document, particularly p. 1 [0010] – lines 6-7, p. 3 [0034] – line 6, p. 19 [0253] – last 2 lines),
at least one temperature sensor is arranged as an ambient temperature sensor for measuring the ambient air in the housing (101; 201) spaced apart from the at least one electrical heating element (105; 205) in the housing (101; 201) (see entire document, particularly p. 1 [0010] – lines 5-6);
wherein the temperature measuring device has at least one function module (i.e. heating element controller/microcontroller/heater controller) as a simulation module with a computing function and/or memory function (see entire document, particularly p. 1 [0010] – lines 3-4 and [0011] – lines 7-8), to which the at least two temperature sensors for inputting the measured heating element temperature (TH) and a measured ambient air temperature (TU) are connected (see entire document, particularly p. 1 [0010]-[0012]),
wherein the wick temperature (TD) at the wick-side substance-dispensing region is capable of being indirectly determinable from the measured heating element temperature (TH) and the measured ambient air temperature (TU) by means of the at least one function module in such a manner that the functional relationship between the measured heating element temperature (TH) and the measured ambient air temperature (TU) for the determination of the wick temperature (TD) TD = f(TH,TU) capable of being determined experimentally in advance on the basis of at least one sample device of a device series and a corresponding function, as an algorithm and/or as a characteristic diagram and/or as a characteristic curve, capable of being stored in the at least one function module of the device series, and
wherein during operation of the device (100; 200) and by evaluating a stored function, a current wick temperature measurement signal, which is available as a wick temperature actual value signal, is capable of being determined and output by the at least one function module (i.e. heating element controller/microcontroller/heater controller),
in order to enable control of the heating, that is temperature of the at least one electrical heating element, within the device (see entire document, particularly p. 1 [0010]-[0011], p. 19 [0254]-[0256]).
It would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to provide at least two temperature sensors in the device of Jin as modified by Wingo as a known configuration in order to control the temperature of the at least one electrical heating element as shown by Monsees.
While neither Jin (‘246) or Wingo (‘795) nor Monsees (‘611) appears to specifically teach that the ambient temperature sensor is a semiconductor temperature sensor, it would have been well within the purview of one of ordinary skill in the art before the effective filing date of the claimed invention to provide any known form of temperature sensor such as a semiconductor temperature sensor as the ambient temperature sensor in the device of Jin as modified by Wingo and Monsees as a matter of engineering choice in order to detect the ambient air temperature. Only the expected results would be attained.
As to Claim 3, the wick temperature (TD) in the device of Jin as modified by Wingo and Monsees is capable of being determined as a function of the heating element temperature (TH) and the ambient air temperature (TU) in the function module (25) according to the equation TD= f(TH, TU)=A*TH+B*TU+C with the variables A, B, C being determined experimentally in advance with the at least one sample device.
As to Claim 4, while neither Jin (‘246) or Wingo (‘795) nor Monsees (‘611) appears to specifically teach that the heating element temperature sensor is formed by at least one NTC temperature sensor, it would have been well within the purview of one of ordinary skill in the art before the effective filing date of the claimed invention to provide any known form of temperature sensor such as a NTC temperature sensor as the heating element temperature sensor in the device of Jin as modified by Wingo and Monsees as a matter of engineering choice in order to detect temperature of a heating element. Only the expected results would be attained.
The heating element temperature sensor of Jin as modified by Wingo and Monsees being formed by at least one NTC temperature sensor, and is/capable of being calibrateable, in particular during the manufacturing of the device, in such a way: that the at least one heating element temperature sensor to be calibrated is capable of being combined in a calibration mode with the semiconductor temperature sensor as pre-calibrated ambient temperature sensor, that the at least one electrical heating element is capable of being heated to a plurality of calibration temperature values which are measured with the pre-calibrated ambient temperature sensor, and that the corresponding electrical sensor values which are capable of being determined in combination, preferably NTC sensor values, are capable of being assigned to the calibration temperature values and stored in a memory of the at least one function module.
As to Claim 7, Jin (‘246) discloses that the device for dispensing (fig. 1) comprises a manually operable setting device for switching on/off and/or for setting different wick temperature setpoint values is arranged on the housing (see entire document, particularly p. 17 lines 12 and 25-30).
Wingo (‘795) also discloses that the device for dispensing (20; 60; 80) comprises a manually operable setting device (34) for switching on/off and/or for setting different wick temperature setpoint values is arranged on the housing (see entire document, particularly Figures , p. 9 line 24).
As to Claim 11, Jin (‘246) discloses that the at least one electrical heating element (20) is annular with a central wick-receiving opening (see Figure 2c) for the wick (18) in which the wick (18) projects at last partially with the wick-side substance-dispensing region (see Figure 2c).
Wingo (‘795) discloses that the wick-side substance-dispensing region of the wick (38) is located in the housing (22; 62) in the region of a substance air flow outlet opening (40) from which the substance-air flow flows to the outside of the housing (22; 62) (see Figures 1-2, 5-6 and 8).
As to Claim 12, Jin (‘246) discloses that the wick-side substance-dispensing region (i.e. upper end of 18) is formed by a free wick end projecting beyond the container (10) in such a way that the at least one electrical heating element (20) is assigned to the wick (18) in the region of the free wick end (see Figure 2c).
Wingo (‘795) also discloses that the wick-side substance-dispensing region (i.e. upper end of 38) is formed by a free wick end projecting beyond the container (32) in such a way that the at least one electrical heating element (24) is assigned to the wick (38) in the region of the free wick end (see Figure 2-3, 6 and 8-9).
As to Claim 13, Wingo (‘795) discloses that the device (20; 60; 80) is designed as a plug component with plug contacts (28) projecting from the housing () wherein the plug components () are pluggable into an electrical socket for holding and for electrical power supply (see Figures 1-3 and 5-6).
Thus, Claims 1, 3-4, 7, and 11-13 would have been obvious within the meaning of 35 U.S.C. 103 over the combined teachings of Jin (‘246), Wingo (‘795), and Monsees (’611).
Claim(s) 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Jin (WO2007138246) in view of Wingo (WO2007136795) and Monsees (20160174611) as applied to claim 1 above, and further in view of Jenkins (20160000956).
Jin (‘246), Wingo (‘795), and Monsees (’611) are relied upon for disclosure described in the rejection of claim 1 under 35 U.S.C. 103.
Neither Jin (‘246) or Wingo (‘795) nor Monsees (‘611) appears to specifically teach that the device has a radio module for a bidirectional and wireless data connection between the device and an external display and control device.
It was known in the art before the effective filing date of the claimed invention to provide a radio module in a device for dispensing. Jenkins (‘956) discloses a device (100A; 100B) for dispensing, the device (100A; 100B) comprising:
a housing (i.e. box containing the components as shown in Figures 1-2),
a container for a substance to be dispensed (see entire document, particularly p. 2 [0026] – line 2),
a wick as capillary element which is in contact with the substance to be dispensed, and which is arranged at least partially in the container and forms part of the container (see entire document, particularly p. 2 [0026] – line 3),
at least one electrical heating element (see entire document, particularly p. 2 [0026] – line 3-5),
a control device (104), and
a radio module (120) for a bidirectional and wireless data communication between the device (100A; 100B) and an external display and control device (108) (see entire document, particularly Figures 1-2, p. 2 [0023]-[0025]),
wherein said external display and control device (108) is capable of displaying information selected from the group consisting of a currently set wick temperature setpoint value, a current wick temperature actual value (TD), and a currently set switch-on period of the device,
wherein the switch-on times are capable of being presettable with a timer function and a wick temperature setpoint value adapted to a substance to be currently evaporated is capable of being settable with the external display and control unit (108) of the device (100A; 100B) via the wireless data connection in such way that a code indicated on a substance packaging or a substance container is entered manually via a keyboard (i.e. keyboard/keypad of 108 which may be a smartphone, laptop, etc. – see p. 2 [0024] – lines 3-6) or is read in by means of a scanner (e.x. via a camera of a smartphone – see p. 2 [0024] – lines 3-6),
in order to allow receiving of user input so as to enable adjusting operation and programming of the device (see entire document, particularly p. 2 [0023] – lines 2-5).
It would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to provide a radio module in the device of Jin as modified by Wingo and Monsees as a known additional component in a device for dispensing in order to receive user input so as to enable adjustment of operation and programming of the device as shown by Jenkins.
Thus, Claims 8-10 would have been obvious within the meaning of 35 U.S.C. 103 over the combined teachings of Jin (‘246), Wingo (‘795), Monsees (‘611), and Jenkins (‘956).
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Jin (WO2007138246) in view of Wingo (WO2007136795) and Monsees (20160174611) as applied to claim 1 above, and further in view of Vieira (20020076214).
Jin (‘246), Wingo (‘795), and Monsees (‘611) are relied upon for disclosure described in the rejection of claim 1 under 35 U.S.C. 103.
While Wingo (‘795) discloses that the at least one electrical heating element (24) has a heating body/heating element housing and at least one electrically resistive element which is thermally coupled to the heating body (see entire document, particularly p. 1 lines 23-25) and which is providable with electrical energy by means of an energy source (via 28) (see entire document, particularly p. 1 lines 21-22 and 30-34), neither Jin (‘246) or Wingo (‘795) nor Monsees (‘611) appears to specifically teach that the heating body/heating element housing is formed of a thermally conductive material.
It was known in the art before the effective filing date of the claimed invention to provide a thermally conductive material with a heating body/heating element housing. Vieira (‘214) discloses a device (1) for dispensing (see Figures 1-12), the device (1) comprising:
a container (3) for a substance to be dispensed (see entire document, particularly Figures 1-3),
a wick (6) as capillary element which is in contact with the substance to be dispensed, and which is arranged at least partially in the container and forms part of the container (3), and which has a wick-side substance-dispensing region (8) (see entire document, particularly Figures 1-3), and
at least one electrical heating element (10) in the region of the wick-side substance-dispensing region (8), by means of which a substance-air flow which is enriched with the substance and which flows away from the device (1) by means of heat transfer to the wick-side substance-dispensing region (8) (see Figures 1-3),
wherein the at least one electrical heating element (10) has a heating body/heating element housing (11) formed of a thermally conductive material (see entire document, particularly Figures 2-6 and 10-12, p. 3 [0034] – line 2) and at least one electrically resistive element (15) (see Figures 4-9), which is thermally coupled to the heating body (44) (see entire document, particularly Figures 2-6, p. 3 [0037]), and which is providable with electrical energy by means of an energy source (via 21, 22, 24, 25) (see entire document, particularly Figures 2-9), p. 3 [0037]),
in order to providing heating for the wick so as to evaporate and dispense the substance (see entire document, particularly p. 1 [0005]-[0006], p. 2 [0013]).
It would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to provide a heating body/heating element housing formed of a thermally conductive material in the device of Jin as modified by Wingo and Monsees as a known configuration in order to provide effective evaporation of the substance to be dispensed as shown by Vieira.
Thus, Claim 14 would have been obvious within the meaning of 35 U.S.C. 103 over the combined teachings of Jin (‘246), Wingo (‘795), Monsees (‘611), and Vieira (‘214).
Allowable Subject Matter
Claims 5-6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: the primary reason for indicating allowable subject matter is due to inclusion of limitations “the control module has a control algorithm in the form of a PID controller… a comparator unit… a controllable actuator for the at least one electrical heating element in such way that the controllable actuator is at least one thyristor in the form of a triac…”. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a device comprised of components in the configuration as set forth in the claims, particularly a “control module [that] has a control algorithm in the form of a PID controller… a comparator unit… a controllable actuator for the at least one electrical heating element in such way that the controllable actuator is at least one thyristor in the form of a triac…”.
Response to Arguments
Applicant's arguments filed 6/03/2026 have been fully considered but they are not persuasive. Specifically, as to applicant’s argument on pp. 12-13 of Remarks, examiner indicates that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REGINA M YOO whose telephone number is (571)272-6690. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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/REGINA M YOO/ Primary Examiner, Art Unit 1758
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