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 .
Election/Restrictions
Claims 5-15 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected method and apparatus claims, there being no allowable generic of linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 22 June 2026.
Applicant's election with traverse of claims 1-4, 16 and 17 in the reply filed on 20 April 2026 is
acknowledged. The traversal is on the ground(s) that the present record does not support the
conclusion that the three claim groups are independent or distinct, nor that examination together would impose the serious search or examination burden. This is not found persuasive because the groupings are distinct inventions/embodiments with distinct limitations and classifications. The groupings of patently distinct inventions/embodiments require multiple class/subclass searches as well as keyword searches resulting in a burdensome search.
The requirement is still deemed proper and is therefore made FINAL.
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
The amendment filed 10/16/2023 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The incorporation by reference of the international patent application 18/555705 and of the foreign patent application GB2107716.9 is ineffective as it was added on the date of entry into the national phase, which is after the filing date of the instant application. The filing date of this national stage application is the filing date of associated PCT, in this case 05/30/2022, see MPEP 1893.03(b). Therefore the specification amendment of 10/16/2023 to include the incorporation by reference is new matter, per MPEP 608.01(p).
Applicant is required to cancel the new matter in the reply to this Office Action.
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.
Claim 1-4, 16 and 17 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.
Regarding claims 1 and 3, the term “significant” is a relative term which renders the claim indefinite. The term “significant” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claims 2-4, 16 and 17 are also rejected due to their dependencies on claim 1.
Claim Rejections - 35 USC § 102
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 1-4, 16 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harumi (Comparison of the effects of olfactory stimulation by air-dried and high-temperature-dried wood chips of hinoki cypress on prefrontal cortex activity) (IDS submitted on 10/16/2023).
Regarding claim 1 and 2, Harumi teaches a method of assessing an ability of a test fragrance ingredient or a test fragrance composition to improve a relaxation state of a human subject (“physiological relaxing effects of nature-derived stimulation…wood odor on humans…hinoki oil odor decreases systolic blood pressure”, introduction, page 1), the method comprising:
Measuring a base relaxation state of a human test subject (“premeasurement condition”, line 2, right column, page 2) by an optical neuroimaging via functional Near Infrared Spectroscopy (fNIRS) of (i) the left brain hemisphere of the human test subject, (ii) the right brain hemisphere of the human test subject, and (iii) the full brain of the human test subject (“using near-infrared time-resolved spectroscopy (TRS) on left and right prefrontal cortex activity”, paragraph 4, right column, page 1);
Providing the test fragrance ingredient or the test fragrance composition to the test human test subject for smelling, wherein the human test subject smells the test fragrance ingredient or the test fragrance composition (“odor administration”, line 3, right column, page 2);
Measuring a resulting relaxation state of the human test subject (“postmeasurement values”, line 4, right column, page 2) subjected to the test fragrance ingredient or the test fragrance composition by an optical neuroimaging via fNIRS of (i) the left brain hemisphere of the human test subject, (ii) the right brain hemisphere of the human test subject, and (iii) the full brain of the human test subject; and
Determining an improved relaxation state difference between the measured resulting relaxation state and the measured base relaxation state (“postmeasurement values were compared with premeasurement values and the differences were determined”, lines 4-6, right column, page 2) when at least three or four conditions out of the following six conditions are satisfied or met:
Condition 1: measured Deoxy Hb for the right brain hemisphere of the human subject shows a statistically significant increase after 5-10 seconds of smelling;
Condition 2: measured Oxy Hb for the full brain of the human subject shows a statistically significant decrease after 30 seconds of smelling (measured Oxy Hb shown decreasing after 30 seconds in Fig. 2, paragraph 1, left column, page 3);
Condition 3: measured Oxy Hb for the right brain hemisphere of the human subject shows a statistically significant decrease after 0-10 seconds of smelling (measured Oxy Hb in right brain hemisphere shown decreasing after 0-10 seconds in Fig. 2, paragraph 1, left column, page 3);
Condition 4: measured Oxy Hb for the right brain hemisphere of the human subject shows a statistically significant decrease after 0-5 seconds of smelling (measured Oxy Hb in right brain hemisphere shown decreasing after 0-5 seconds in Fig. 2, paragraph 1, left column, page 3);
Condition 5: measured Oxy Hb for the full brain of the human subject shows a statistically significant decrease after 0-5 seconds of smelling (measured Oxy Hb shown decreasing after 0-5 seconds in Fig. 2, paragraph 1, left column, page 3);
Condition 6: measured Oxy Hb for the right brain hemisphere of the human subject shows a statistically significant decrease after 30 seconds of smelling; wherein the measured Deoxy Hb is an the amount of deoxygenated haemoglobin measured by the fNIRS, and the measured Oxy Hb is an the-amount of oxygenated haemoglobin measured by the fNIRS.
Regarding claims 3 and 4, Harumi teaches wherein at least 10 conditions of the following conditions are satisfied or met:
C1. Channel 6 shows a statistically significant increase of measured Deoxy Hb after 30 seconds of smelling;
C2. Channel 15 shows a statistically significant increase of measured Deoxy Hb after 30 seconds of smelling;
C3. Channel 3 shows a statistically significant increase of measured Deoxy Hb after 0-5 seconds of smelling;
C4. Channel 5 shows a statistically significant increase of measured Deoxy Hb after 0-5 seconds of smelling;
C5. Channel 8 shows a statistically significant decrease of measured Deoxy Hb after 0-5 seconds of smelling;
C6. Channel 15 shows a statistically significant increase of measured Deoxy Hb after 0-5 seconds of smelling;
C7. Channel 8 shows a statistically significant decrease of measured Deoxy Hb after 0-10 seconds of smelling;
C8. Channel 15 shows a statistically significant increase of measured Deoxy Hb after 0-10 seconds of smelling;
C9. Channel 5 shows a statistically significant increase of measured Deoxy Hb after 5-10 seconds of smelling;
C10. Channel 8 shows a statistically significant decrease of measured Deoxy Hb after 5-10 seconds of smelling;
C11. Channel 15 shows a statistically significant increase of measured Deoxy Hb after 5-10 seconds of smelling;
C12. Channel 20 shows a statistically significant decrease of measured Total Hb after 30 seconds of smelling;
C13. Channel 10 shows a statistically significant decrease of measured Total Hb after 0-5 seconds of smelling;
C14. Channel 12 shows a statistically significant decrease of measured Total Hb after 0-10 seconds of smelling;
C15. Channel 4 shows a statistically significant increase of measure Oxy Hb after 30 seconds of smelling;
Harumi teaches the conditions of the Deoxy Hb decreasing after time passes (Fig. 2, paragraph 1, left column, page 3), though the claims are contingent due to the limitation of “at least 10 conditions of the following conditions are satisfied or met” and “ wherein at least 5 conditions of the following conditions are satisfied or met: C2; C4; C5; C6; C9; C11; C15; C16; and C20”. Claims 3 and 4 are contingent based off claim language. The Examiner will interpret based off the broadest reasonable interpretation that claims 3 and 4 having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. See MPEP 2111.04 (II).
Regarding claim 16, Harumi teaches the method further comprising:
Developing guidelines for creating one or more fragrance compositions that have a relaxing effect on human subjects based on the determined difference between the resulting relaxation state and the measured base relaxation state for the human test subject (“the difference in volatile compounds between the wood chips using different drying methods probably determined the difference in prefrontal cortex activity…effects of wood odor…subjected to different wood-drying methods”, paragraphs 1 and 2, left column, page 4).
Regarding claim 17, Harumi teaches wherein the measured base relaxation state and the measured resulting relaxation state for the human test subject are based on brain tissue concentrations of at least one of an oxygenated haemolglobin (Oxy Hb) concentration following neuronal activations measured by the fNIRS and a deoxygenated haemoglobin (Deoxy Hb) concentration following neuronal activations measured by the fNIRS (shown in Fig. 2, page 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARA LINH TRAN whose telephone number is (571)272-3598. The examiner can normally be reached 7:30am-5:00pm M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Valvis can be reached at 5712724233. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.L.T./Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791
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