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 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:
a calculation section interpreted to be a CPU (see paragraph 44) programed to perform the associated function (see paragraph 49-56)
a body motion detection section interpreted to be a camera capturing an image of the user moving (see paragraph 27)
a signal generation section interpreted to be a CPU (see paragraph 44) programed to perform the associated function (see paragraph 57-62)
ejection section interpreted to be an ejection port (See paragraph 40)
in claim 1.
a processing section interpreted to be a CPU (see paragraph 44) programed to perform the associated function (see paragraph 64 and 65)
a first determination section interpreted to be a CPU (see paragraph 44) programed to perform the associated function (see paragraph 62-64)
in claim 2
a selection section interpreted to be a CPU (see paragraph 44) programed to perform the associated function (see paragraph 75 and 76)
in claim 6
a second determination section interpreted to be a CPU (see paragraph 44) programed to perform the associated function (see paragraph 97-104)
vehicle state detection section (see paragraph 36-38)
in claim 7
an evaluation section interpreted to be a CPU (see paragraph 44) programed to perform the associated function (see paragraph 81-84)
in claim 8
a calculation section interpreted to be a CPU (see paragraph 44) programed to perform the associated function (see paragraph 49-56)
a body motion detection section interpreted to be a camera capturing an image of the user moving (see paragraph 27)
a signal generation section interpreted to be a CPU (see paragraph 44) programed to perform the associated function (see paragraph 57-62)
ejection section interpreted to be an ejection port (See paragraph 40).
in claim 9
a selection section interpreted to be a CPU (see paragraph 44) programed to perform the associated function (see paragraph 75 and 76).
in claim 10
a body motion detection section interpreted to be a camera capturing an image of the user moving (see paragraph 27).
ejection section interpreted to be an ejection port (See paragraph 40).
in claim 12
a calculation section interpreted to be a CPU (see paragraph 44) programed to perform the associated function (see paragraph 49-56).
a body motion detection section interpreted to be a camera capturing an image of the user moving (see paragraph 27).
a signal generation section interpreted to be a CPU (see paragraph 44) programed to perform the associated function (see paragraph 57-62).
ejection section interpreted to be an ejection port (See paragraph 40).
in claim 13
an evaluation section interpreted to be a CPU (see paragraph 44) programed to perform the associated function (see paragraph 81-84).
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.
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.
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.
Claim(s) 1, 2, 9, and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Noda US 2020/0121889.
Re claim 1 A control apparatus, comprising:
a calculation section (see paragraph 35 and figure 2 note that the function may be implemented by a CPU) that calculates a breathing cycle based on an output of a body motion detection section that detects a breathing body motion of a user (see paragraph 41 “The breathing identification section 233 identifies the breathing of the driver from the sensing result of the biological sensor 21. The breathing identification section 233 identifies the timing of breathing of the driver from the breathing detected by the breathing sensor. That is, the period of exhalation and the period of inhalation are identified.” Note that periods of inhalation and exhalation are determined see paragraph 40 note that the biological sensor may be a camera);
and a signal generation section (see paragraph 35 and figure 2 note that the function may be implemented by a CPU) that generates an output signal that causes an ejection section to eject a scent to a predetermined space region based on an output of the calculation section (see paragraph 69-72 “In addition, the breathing inducement device 22 generates the fragrance component with a predetermined timing so as to stimulate the driver's sense of smell with the fragrance component in the inhalation period. Such a predetermined timing may be set by tracing back by a period of time from when a device ejects a fragrance component to when the fragrance component reaches a driver's nose. Therefore, the predetermined timing with which the fragrance component is generated by the breathing inducement device 22 may be in the inhalation period or the grace period” note that system causes a fragrance to be ejected based on the breathing cycle see paragraph 29 note that the ejection section blows fragrence though an outlet directed toward the driver).
Re claim 2 Noda discloses wherein the signal generation section generates the output signal so that the scent ejected from the ejection section reaches the predetermined region within an inhalation period of the user based on the breathing cycle (see paragraph 69-72 “In addition, the breathing inducement device 22 generates the fragrance component with a predetermined timing so as to stimulate the driver's sense of smell with the fragrance component in the inhalation period. Such a predetermined timing may be set by tracing back by a period of time from when a device ejects a fragrance component to when the fragrance component reaches a driver's nose. Therefore, the predetermined timing with which the fragrance component is generated by the breathing inducement device 22 may be in the inhalation period or the grace period” note that system causes a fragrance to be ejected during inhalation).
Re claim 9 Noda discloses An ejection apparatus,
comprising: an ejection section that ejects a scent to a user; (see paragraph 31 ”Further, the breathing inducement device 22 also includes a device that ejects a fragrance component (i.e., a good smell) from an instrument panel in front of the driver.” )
and a control apparatus comprising
a calculation section (see paragraph 35 and figure 2 note that the function may be implemented by a CPU) that calculates a breathing cycle based on an output of a body movement detection section that detects a breathing body motion of the user, (see paragraph 41 “The breathing identification section 233 identifies the breathing of the driver from the sensing result of the biological sensor 21. The breathing identification section 233 identifies the timing of breathing of the driver from the breathing detected by the breathing sensor. That is, the period of exhalation and the period of inhalation are identified.” Note that periods of inhalation and exhalation are determined);
and a signal generation section(see paragraph 35 and figure 2 note that the function may be implemented by a CPU) that generates an output signal that causes the ejection section to eject a scent to a predetermined space region based on an output of the calculation section (see paragraph 69-72 “In addition, the breathing inducement device 22 generates the fragrance component with a predetermined timing so as to stimulate the driver's sense of smell with the fragrance component in the inhalation period. Such a predetermined timing may be set by tracing back by a period of time from when a device ejects a fragrance component to when the fragrance component reaches a driver's nose. Therefore, the predetermined timing with which the fragrance component is generated by the breathing inducement device 22 may be in the inhalation period or the grace period” note that system causes a fragrance to be ejected based on the breathing cycle).
Re claim 11 Noda discloses wherein the ejection section is arranged in a vehicle cabin, and the predetermined space region is a predetermined space region in the vehicle cabin (see paragraph 31 “Further, the breathing inducement device 22 also includes a device that ejects a fragrance component (i.e., a good smell) from an instrument panel in front of the driver.” See paragraph 29 “note that by using the aroma unit in combination with an air conditioner, the fragrance component may be ejected with the air blown from the air conditioner. One example of the stimulation to the sense of touch is wind blowing from an air conditioner. The wind blown from the air conditioner may be via an outlet directed to the driver” Note that the ejection section ejects a scent in the area of a region of the driver.)
Re claim 12 Noda discloses A control method, comprising: calculating a breathing cycle based on an output of a body motion detection section that detects a breathing body motion of a user by a control apparatus, (see paragraph 41 “The breathing identification section 233 identifies the breathing of the driver from the sensing result of the biological sensor 21. The breathing identification section 233 identifies the timing of breathing of the driver from the breathing detected by the breathing sensor. That is, the period of exhalation and the period of inhalation are identified. Also, the breathing identification section 233 may identify the breathing ability such as the ventilation volume of exhalation and inhalation from the size of breathing detected by the breathing sensor. For example, suppose a case of using a pressure sensor provided on a seat belt or a seat back as a breathing sensor. In such a case, as the detection value of the pressure sensor on the seat belt becomes larger, the ventilation volume of exhalation (hereinafter, the exhalation volume) is identified larger; as the detection value of the pressure sensor on the seat back becomes larger, the ventilation volume of inhalation (hereinafter, the inhalation volume) is identified larger. The breathing identification section 233 may prompt the driver to take a deep breath by voice or display, and may identify the breathing ability during deep breathing as the driver's limit value.”)
and generating an output signal that causes an ejection section to eject a scent to a predetermined space region based on the breathing cycle by the control apparatus (see paragraph 31 “Further, the breathing inducement device 22 also includes a device that ejects a fragrance component (i.e., a good smell) from an instrument panel in front of the driver.” See paragraph 29 “note that by using the aroma unit in combination with an air conditioner, the fragrance component may be ejected with the air blown from the air conditioner. One example of the stimulation to the sense of touch is wind blowing from an air conditioner. The wind blown from the air conditioner may be via an outlet directed to the driver” Note that the ejection section ejects a scent in the area of a region of the driver.)
Re claim 13 Noda disclose A control system, comprising: an ejection section that ejects a scent to a user; (see paragraph 31 ”Further, the breathing inducement device 22 also includes a device that ejects a fragrance component (i.e., a good smell) from an instrument panel in front of the driver.” )
a body motion detection section that detects a breathing body motion of the user see paragraph 41 “The breathing identification section 233 identifies the breathing of the driver from the sensing result of the biological sensor 21. The breathing identification section 233 identifies the timing of breathing of the driver from the breathing detected by the breathing sensor. That is, the period of exhalation and the period of inhalation are identified. Also, the breathing identification section 233 may identify the breathing ability such as the ventilation volume of exhalation and inhalation from the size of breathing detected by the breathing sensor. For example, suppose a case of using a pressure sensor provided on a seat belt or a seat back as a breathing sensor. In such a case, as the detection value of the pressure sensor on the seat belt becomes larger, the ventilation volume of exhalation (hereinafter, the exhalation volume) is identified larger; as the detection value of the pressure sensor on the seat back becomes larger, the ventilation volume of inhalation (hereinafter, the inhalation volume) is identified larger. The breathing identification section 233 may prompt the driver to take a deep breath by voice or display, and may identify the breathing ability during deep breathing as the driver's limit value.” Note that biological sensor detects breathing motions);
and a control apparatus comprising a calculation section (see paragraph 35 and figure 2 note that the function may be implemented by a CPU) that calculates a breathing cycle based on an output of the body movement detection section, (see paragraph 41 “The breathing identification section 233 identifies the breathing of the driver from the sensing result of the biological sensor 21. The breathing identification section 233 identifies the timing of breathing of the driver from the breathing detected by the breathing sensor. That is, the period of exhalation and the period of inhalation are identified.” Note that periods of inhalation and exhalation are determined).
and a signal generation section (see paragraph 35 and figure 2 note that the function may be implemented by a CPU) that generates an output signal that causes the ejection section to eject a scent to a predetermined space region based on the breathing cycle(see paragraph 69-72 “In addition, the breathing inducement device 22 generates the fragrance component with a predetermined timing so as to stimulate the driver's sense of smell with the fragrance component in the inhalation period. Such a predetermined timing may be set by tracing back by a period of time from when a device ejects a fragrance component to when the fragrance component reaches a driver's nose. Therefore, the predetermined timing with which the fragrance component is generated by the breathing inducement device 22 may be in the inhalation period or the grace period” note that system causes a fragrance to be ejected based on the breathing cycle).
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.
Claim(s) 3, 4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noda US 2020/0121889 in view of Zhang US 20210209153 A1.
Re claim 3
Noda discloses a processing section that detects of a face of the user based on an output of an image capturing section that captures an image of the user (see paragraph 40 note that the face of the diver is obtained to determine the mental and physical state);
Noda does not expressly disclose
determining a position of a face
and a first determination section that determines whether or not the face of the user is positioned in the predetermined space region based on an output of the processing section,
wherein the signal generation section generates the output signal when the first determination section determines that the face of the user is positioned in the predetermined space region.
Zhang discloses
determining a position of a face (see paragraph 65 “Next, the diffusion program 110 performs a face recognition action on the user 5 through the sensor 14 on the electronic device 1 to recognize the nose of the user 5 (step S76). Then, the diffusion program 110 continues to judge whether the nose of the user 5 is close to the electronic device 1 or not (step S78). If the nose of the user 5 is not close to the electronic device 1 (for example, the distance from the electronic device 1 is not less than a threshold distance, such as 15 cm), the diffusion program 110 will not perform subsequent actions temporarily, but continuously detect the nose of the user 5” note that the position of the nose with respect to the device is determined)
and a first determination section that determines whether or not the face of the user is positioned in the predetermined space region based on an output of the processing section, (see paragraph 65 “Next, the diffusion program 110 performs a face recognition action on the user 5 through the sensor 14 on the electronic device 1 to recognize the nose of the user 5 (step S76). Then, the diffusion program 110 continues to judge whether the nose of the user 5 is close to the electronic device 1 or not (step S78). If the nose of the user 5 is not close to the electronic device 1 (for example, the distance from the electronic device 1 is not less than a threshold distance, such as 15 cm), the diffusion program 110 will not perform subsequent actions temporarily, but continuously detect the nose of the user 5” note that the position of the nose with respect to the device is determined and determines if the nose is close enough to the device, region close enough to the device is the predetermined region)
wherein the signal generation section generates the output signal when the first determination section determines that the face of the user is positioned in the predetermined space region. (see paragraph 65 and 66 “Next, the diffusion program 110 performs a face recognition action on the user 5 through the sensor 14 on the electronic device 1 to recognize the nose of the user 5 (step S76). Then, the diffusion program 110 continues to judge whether the nose of the user 5 is close to the electronic device 1 or not (step S78). If the nose of the user 5 is not close to the electronic device 1 (for example, the distance from the electronic device 1 is not less than a threshold distance, such as 15 cm), the diffusion program 110 will not perform subsequent actions temporarily, but continuously detect the nose of the user 5” note that the position of the nose with respect to the device is determined and determines if the nose is close enough to the device, region close enough to the device is the predetermined region, scent is emitted if the device is close enough). The motivation to combine is “Therefore, when the nose of the user 5 is close to the electronic device 1, the user 5 can clearly smell the scent diffused from the scent diffusion device 2” that is scent is only diffused if it will be smelled clearly (see paragraph 68). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zhang with Noda to reach the aforementioned advantage.
Re claim 4 Zhang further discloses wherein the processing section detects a position of a nose of the user, and the signal generation section generates the output signal when the first determination section determines that the position of the nose of the user is positioned in the predetermined space region(see paragraph 65 and 66 “Next, the diffusion program 110 performs a face recognition action on the user 5 through the sensor 14 on the electronic device 1 to recognize the nose of the user 5 (step S76). Then, the diffusion program 110 continues to judge whether the nose of the user 5 is close to the electronic device 1 or not (step S78). If the nose of the user 5 is not close to the electronic device 1 (for example, the distance from the electronic device 1 is not less than a threshold distance, such as 15 cm), the diffusion program 110 will not perform subsequent actions temporarily, but continuously detect the nose of the user 5” note that the position of the nose with respect to the device is determined and determines if the nose is close enough to the device, region close enough to the device is the predetermined region, scent is emitted if the device is close enough).
Re claim 7 Noda discloses a second determination section that determines a vehicle state based on an output of a vehicle state detection section that detects a vehicle state in which the user gets in (see paragraph 36 note that the environmental state acquisition section determines the environmental state of the host vehicle), wherein the signal generation section generates the output signal based on an output of the second determination section ( see paragraph 50 note that whether or not the breathing inducement occurs depends on the environmental state.)
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noda US 2020/0121889 in view of Corn US 20100305466 A1.
Re claim 5 Noda does not expressly disclose wherein the signal generation section generates an output signal that controls a total ejection amount of the scent. Corn discloses wherein the signal generation section generates an output signal that controls a total ejection amount of the scent (see paragraph 45 “The aroma dispensing module 240 may include one or more stored scents that are designed to be soothing when inhaled and that are released into the monitored subject's environment at different times and in different amounts upon a signal being received from the biofeedback module 206” note that the aroma is dispensed according to a particular amount.) The motivation to combine is “aroma dispensing module 240 may include one or more stored scents that are designed to be soothing when inhaled and that are released into the monitored subject's environment at different times and in different amounts upon a signal being received from the biofeedback module” see paragraph 45. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Noda and Corn to reach the aforementioned advantage.
Claim(s) 6 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noda US 2020/0121889 in view of Balkhair US 20160215993 A1.
Re claim 6 Noda does not expressly disclose a selection section that can select a predetermined scent from plural types of scents that can be ejected by the ejection section based on information of the user acquired in advance, wherein the signal generation section generates an output signal that causes the predetermined scent selected by the selection section to be ejected. Balkhair discloses a selection section that can select a predetermined scent from plural types of scents that can be ejected by the ejection section based on information of the user acquired in advance (see paragraph 34 note that faces are detected and scent prefaces are selected based on the recognized faces), wherein the signal generation section generates an output signal that causes the predetermined scent selected by the selection section to be ejected (see paragraph 34 “At 530, determining common air treatment or scent preference of the majority of recognized faces. At 535, triggering the dispensing of the common air treatment or scent preference of the determined majority via dispenser 115 into the air stream of air conditioner 100.” Note that the selected sent is ejected). The motivation to combine is “dispense an air treatment or scent based on the majority preference of the recognized faces” see abstract. One of ordinary skill in the art could have easily modified Noda to dispense scents according to preferences. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Noda and Balkhair to reach the aforementioned advantage.
Re claim 10 Noda does not expressly disclose wherein the ejection section has a plurality of cartridge sections that accommodates each of the plural types of scents, and the control apparatus further comprises a selection section that selects a predetermined cartridge section from the plurality of cartridge sections, Balkhair discloses wherein the ejection section has a plurality of cartridge sections that accommodates each of the plural types of scents, (see paragraph 27 “Dispenser 115 may be electrically connected to controller 105. Dispenser 115 may be, for example, an integrated air treatment or scent cartridge or refillable chamber in air conditioner 100. Dispenser 115 may also be, for example, a spray cartridge or a plurality of cartridges disposed within air conditioner 100 proximal the forced air or air stream. The plurality of cartridges may each comprise a different air treatment to be dispensed based on a particular trigger or program”) and the control apparatus further comprises a selection section that selects a predetermined cartridge section from the plurality of cartridge sections (see paragraph 34 “At 530, determining common air treatment or scent preference of the majority of recognized faces. At 535, triggering the dispensing of the common air treatment or scent preference of the determined majority via dispenser 115 into the air stream of air conditioner 100.” Note that the selected sent is ejected see also paragraph 27) The motivation to combine is “dispense an air treatment or scent based on the majority preference of the recognized faces” see abstract. One of ordinary skill in the art could have easily modified Noda to dispense scents according to preferences. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Noda and Balkhair to reach the aforementioned advantage.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noda US 2020/0121889 in view of in view of Zhang US 20210209153 A1 in further view of Hong 2018/0326818.
Re claim 8 Noda Zhang discloses all of the elements of claim 3. Noda does not expressly disclose an evaluation section that evaluates the state of the user before and after generation of the output signal based on an output of the image capturing section. Hong discloses disclose an evaluation section that evaluates the state of the user before and after generation of the output signal based on an output of the image capturing section(see figure 13a and paragraphs 223-225 “the secondary state determination step (S40) is a step for re-determining whether the state determined in the primary state determination step (S20) still exists or whether the problem has been resolved through the selection and spray of the perfume capsule 200 into the passenger compartment in the first spray step (S30)” note that a primary state determination [step s20] occurs before the first spraying and secondary state determination [s40] occurs after the scent is sprayed). The motivation to combine is “the secondary state determination step (S40) is a step for re-determining whether the state determined in the primary state determination step (S20) still exists or whether the problem has been resolved through the selection and spray of the perfume capsule 200 into the passenger compartment in the first spray step (S30)”. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zheng and Noda with Hong to reach the aforementioned advantage.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noda US 2020/0121889 in view of in view of Hong 2018/0326818.
Re claim 14 Noda discloses an image capturing section that captures an image of the user (see paragraph 40 The biological information used for the mental and physical state identification section 232 to identify the mental and physical state may be an image (hereinafter, face image) obtained by imaging the driver's face. In this case, the biological sensor 21 is a camera), Noda does not expressly disclose wherein the control apparatus further comprises an evaluation section that evaluates a state of the user before and after generation of the output signal based on an output of the image capturing section.
Hong discloses wherein the control apparatus further comprises an evaluation section that evaluates a state of the user before and after generation of the output signal based on an output of the image capturing section(see figure 13a and paragraphs 223-225 “the secondary state determination step (S40) is a step for re-determining whether the state determined in the primary state determination step (S20) still exists or whether the problem has been resolved through the selection and spray of the perfume capsule 200 into the passenger compartment in the first spray step (S30)” note that a primary state determination [step s20] occurs before the first spraying and secondary state determination [s40] occurs after the scent is sprayed). The motivation to combine is “the secondary state determination step (S40) is a step for re-determining whether the state determined in the primary state determination step (S20) still exists or whether the problem has been resolved through the selection and spray of the perfume capsule 200 into the passenger compartment in the first spray step (S30)”. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Noda with Hong to reach the aforementioned advantage.
Cited Art
The following is a listing of cited art not cited in a rejection but considered relevant:
FUJITA US 20240017036 A1 discloses “To Provide a scent provision apparatus capable of providing a scent to a user at a proper timing and preventing the provision of a scent at an unintended timing. Provided is a scent provision apparatus 200 that includes a main body section 201 and an air flow control unit 203. The main body section 201 has an opening portion 207 for discharging or taking in a scent-containing air flow that contains a scent. The air flow control unit 203 controls characteristics of the scent-containing air flow discharged or taken in from the opening portion 207. The air flow control unit 203 can generate a control air flow for accelerating and decelerating and/or diffusing the scent-containing air flow and can also generate a control air flow for interrupting a flow of the scent-containing air flow.” (See abstract).
Lazarovich US 20200402640 A1 discloses “A system for inducing a Pavlovian conditioned association of an aroma with a state of satiation, the system comprising at least a physiological sensor, wherein the at least a physiological sensor is configured to detect at least a physiological parameter of a user, and to transmit a detection signal, a control device configured to receive the detection signal from the at least a physiological sensor, wherein the control device is further configured to ascertain that the user is experiencing a physiological state associated with satiation, and to transmit the detection signal to an automatically activated scent diffuser, thereby conditioning the user to associate said scent with satiation, and an automatically activated scent diffuser, wherein the scent diffuser is configured to automatically activate upon receiving the detection signal, wherein automatically activating further comprises diffusing a scent in response to the detection signal.” See abstract
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN T MOTSINGER whose telephone number is (571)270-1237. The examiner can normally be reached 9AM-5PM.
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/SEAN T MOTSINGER/Primary Examiner, Art Unit 2673
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