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 .
DETAILED ACTION
Response to Amendment
This communication is in response to the amendment filed on 12/10/2025 for the application No. 18/638,364, Claims 1-20 are currently pending and have been examined. Claims 1-20 have been rejected as follow,
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 1-20 are not compliant with 101, according with the last “2019 Revised Patent Subject Matter Eligibility Guidance” (2019 PEG), published in the MPEP 2103 through 2106.07(c). Examiner’s analysis is presented below for all the claims.
Claim 1: Step 1 of 2019 PGE, does the claim fall within a Statutory Category? Yes. The claim recites a method.
Step 2A - Prong 1: Is a Judicial Exception recited in the claim? Yes. The claim recites the limitations of “c) determining …[a command]… to be provided … based on the first data and/or the second data; d) generating …[a command]… ; “
The “determining and generating” limitations, as drafted, is a process and system that, under its broadest reasonable interpretation, covers performance of the limitations as certain methods of organizing human activity, advertising, marketing or sales activities or behaviors. The system for generating a sensory reinforcement. Thus, the claim recites an abstract idea.
Step 2A - Prong 2: Integrated into a Practical Application? No. The claim recites additional limitations, such as,
“a) receiving first data characterizing a state of a dispensing environment including a dispenser configured to dispense fuel to a vehicle; [this is interpreted just data about a dispenser. ]; b) receiving second data characterizing a graphical communication to be provided on a display screen of the dispenser within the dispensing environment [this is interpreted just data about a graphical communication]; These are limitations toward accessing or receiving data. It is merely gathering data. Herein the dispenser is not claimed at all, the claim is receiving data about a dispenser and also the method is just receiving data about a graphical communication. Limitations such as “a dispenser configured to dispense fuel …”, “to be provided on a display screen of the dispenser within the dispensing environment” are considered intended use limitations just descriptive information.
The Examiner analyses other supplementary elements in the claim in view of the instant disclosure: “an aromatic emission ; via an olfactory generator positioned on the dispenser ; a control signal configured to cause the olfactory generator to emit the aromatic emission within the dispensing environment; to cause the olfactory generator to emit the aromatic emission concurrently or separately from displaying the graphical communication”; The limitations comprise generic recited computer elements or device, generic software and data. The use of “an olfactory generator positioned on the dispenser “ is not sufficient to integrate the abstract idea because it merely reflects the use of conventional technology to gather data and amounts to only generally linking the use of an abstract idea to a particular technological environment. MPEP 2106.05(h).
The combination of these additional elements can also be considered no more than mere instructions “to apply” the exception, See MPEP 2106.05(f).
The Examiner gives the broadest reasonable interpretation to the above elements. They are insignificant extra-solution activity. See MPEP 2106.05(g).
Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
The claim as a whole does not integrate the method of organizing human activity into a practical application. Thus, the claim is ineligible because is directed to the recited judicial exception (abstract idea).
Step 2B : claim provides an inventive concept? No.
As discussed with respect to Step 2A Prong Two, the additional elements in the claim,
“an aromatic emission ; via an olfactory generator positioned on the dispenser ; a control signal configured to cause the olfactory generator to emit the aromatic emission within the dispensing environment; to cause the olfactory generator to emit the aromatic emission concurrently or separately from displaying the graphical communication”; amount to no more than mere instructions to apply the exception. i.e., mere instructions to apply an exception using generic hardware and software cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Under the 2019 PEG, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B.
Here, the limitations:
“an aromatic emission ; via an olfactory generator positioned on the dispenser ; a control signal configured to cause the olfactory generator to emit the aromatic emission within the dispensing environment; to cause the olfactory generator to emit the aromatic emission concurrently or separately from displaying the graphical communication”; were considered to be extra-solution activity in Step 2A, and thus it is re-evaluated in Step 2B to determine if it is more than what is well-understood, routine, conventional activity in the field.
Other limitations in the claim, such as:
“a) receiving first data characterizing a state of a dispensing environment including a dispenser configured to dispense fuel to a vehicle; [this is interpreted just data about a dispenser. ]; b) receiving second data characterizing a graphical communication to be provided on a display screen of the dispenser within the dispensing environment [this is interpreted just data about a graphical communication]; These are limitations toward accessing or receiving data (gathering data). Accessing or receiving or providing data is very well understood, routine and conventional computer task activity; It represents insignificant extra solution activity. Mere data-gathering step[s] cannot make an otherwise nonstaturory claim statutory In re Grams,888 F.2d 835, 840 (Fed. Cir. 1989) (quoting In re Meyer, 688 F.2d 789, 794 (CCPA 1982)).
Further, the instant specification does not provide any indication that the elements
“an aromatic emission ; via an olfactory generator positioned on the dispenser ; a control signal configured to cause the olfactory generator to emit the aromatic emission within the dispensing environment; to cause the olfactory generator to emit the aromatic emission concurrently or separately from displaying the graphical communication”; are anything other than generic software, hardware and data, and the OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); and v. Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93; court decisions cited in MPEP 2106.05(d)(II) indicate that merely computer receives and sends information over a network and presenting or displaying information, is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is here).
Accordingly, a conclusion that the “an aromatic emission ; via an olfactory generator positioned on the dispenser ; a control signal configured to cause the olfactory generator to emit the aromatic emission within the dispensing environment; to cause the olfactory generator to emit the aromatic emission concurrently or separately from displaying the graphical communication”; limitations (pointed above) are well-understood, routine, conventional activity is supported under Berkheimer Option 2. See MPEP 2106.05 (d). The claim is ineligible.
Claim 11: Step 1 of 2019 PGE, does the claim fall within a Statutory Category? Yes. The claim recites a dispenser (system).
Step 2A - Prong 1: Is a Judicial Exception recited in the claim ? Yes. Because the same reasons pointed above. The claim recited the additional limitations:
“a display; an olfactory generator; at least one sensor; at least one data processor; and a memory storing instructions”. The Examiner gives the broadest reasonable interpretation. They are insignificant extra-solution activity.
Step 2A - Prong 2: Integrated into a Practical Application? No. Because the same reasons pointed above.
Step 2B : claim provides an inventive concept? No. Because the same reasons pointed above. The claim is ineligible.
Dependent claims 2-10 and 12-20, the claims recite elements such as “wherein the state of the dispensing environment includes at least one of a presence of at least one patron within the dispensing environment, a time of day, a local ambient condition of the dispensing environment is located, a flow of vehicle traffic within the dispensing environment, or a utilization of equipment or services within the dispensing environment”, etc. These elements do not integrate the system of organizing human activity into a practical application. The claims are ineligible.
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-3, 5-7, 9-13, 15-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Pg. Pub. No. 20160195856 (Spero) in view of US Pg. Pub. No. 20210211831 (Gan).
As to claims 1 and 11, Spero discloses a method comprising:
a) receiving first data characterizing a state of a dispensing environment including a dispenser configured to dispense fuel to a vehicle;
(“[0033] In the present invention, the devices are brought to the optimal location to service people ….. The delivery devices are attached to a suspended platform,….are affixed to the structure and networked via wires or wireless means. In a preferred embodiment the docking station …. The expert system automatically provides user needs detected by one or more sensors directly detecting the user's present activity or body characteristic. It emulates the decision-making ability of a human expert by running artificial intelligence algorithms as known in the art which are designed to deduce user needs and provide the best practice conditions for the being or living space by automated reasoning about knowledge, represented primarily as IF-THEN rules….”, paragraph 33.
“…a certain amount of time of exposure it becomes necessary to rapidly introduce a new odor and thus a close-in odor dispenser with a variety of odors to be dispensed would be advantageous. ..”, paragraph 41.
See also “[0112] FIG. 14 is a flow chart of the situational aware controller algorithms”, Fig. 14 and associated disclosure.
Spero’ system teaches a state of a dispensing environment, “…The devices attached to the platform are operable via the platforms integrating controller. The controller has code for running artificial intelligence, expert system computer programs and includes machine learning algorithms based on inputs from user interactions with the environs and devices. The machine learning system records events and uses code to analyze user feedback in reaction to actions which were automatically deduced regarding user needs and/or environmental changes that the controller decided require intervention. This is done by the AI system using algorithms to determine the best practice operation of devices to meet needs in real time. …The controller monitors and physically alters via it electronic apparatus the operating conditions of the delivery devices [The Examiner equates to a state of a dispensing environment ] used to supply user needs…a computer to perform the method of obtaining data from the sensors, obtaining values and instruction sets from memory circuits, processing the instruction set and generating control signal to operate devices and receive feedback signals from those devices as to their present state of operation.”, paragraph 75.
Spero’ system teaches a dispensing environment including a dispenser, “[0147] Vehicles: EMMF can be used to enhance alertness and mental clarity for operators of cars, busses, trucks, and planes and for hazardous equipment. Vehicles can be fitted with LSP devices which generate EMMF noise in the Alpha range to make the ride seem smoother and more pleasant…”, paragraph 147. See also paragraph 146);
b) receiving second data characterizing a graphical communication to be provided on a display screen of the dispenser within the dispensing environment;
(“…The addition of the microphone and video sensors to the platform's sensor capabilities, as well as software for the logical controller's interpretation of images as well as the proliferation of Smartphones capable of running device control applications on an easily understood Graphical Use Interface,…The natural interface of controller 206 uses natural human communications and body language in a situational basis to combine separate data inputs…. .”, paragraph 201);
c) determining an aromatic emission to be provided via an olfactory generator positioned on the dispenser based on the first data and/or the second data;
(“… situational context-based approach lies in the greatly improved command response of the controller and/or accurate information retrieval from the internet thereby providing users with results the largest part relevant to their needs the first time around”, paragraph 77.
“0078] The integrated sensor and delivery device control system utilizes the combination of sensors to detect sound, motion and vision thereby facilitating a man-machine interface similar as possible to man to man interface. …natural communication between man and the devices obtained by utilizing more than one sensory perception [Examiner interprets as an aromatic emission ], stored data of preferences and device characteristics and functionality has many benefits”, paragraph 78.
“…utilizing more than one sensory perception and context to interpret another's intent. In a similar fashion the camera, microphone, speaker and display screen are used in the novel man machine interface of the integrative device presented in the disclosure to effect a natural interface…”, paragraph 79);
d) generating a control signal configured to cause the olfactory generator to emit the aromatic emission within the dispensing environment; and
(…expression or positive nod gesture or negative nod gesture is situation ally interpreted in context based on: 1) if action was initiated by the controller such as turning on a fan controller or 2) controller speech generator has made an audible query or 3) controller over a display device has made a text query and the individual or group of individuals is responding. This illustrates the natural way people normally interface … by utilizing more than one sensory perception and context to interpret another's intent…”, paragraph 79 and “…expression or positive nod gesture or negative nod gesture is situation ally interpreted in context based on: 1) if action was initiated by the controller such as turning on a fan controller or 2) controller speech generator has made an audible query or 3) controller over a display device has made a text query and the individual or group of individuals is responding. This illustrates the natural way people normally interface with other people around them by utilizing more than one sensory perception and context to interpret another's intent” and “wherein the logical controller comprises software and hardware that enables it to activate delivery devices by interpreting voice commands and gestures of a person based on the context in which the voice commands or gestures are detected by sensors on the docking station“, claim 11);
e) causing the olfactory generator to emit the aromatic emission within the dispensing environment responsive to receiving the control signal, wherein the control signal is configured to cause the olfactory generator to emit the aromatic emission concurrently or separately from displaying the graphical communication.
(“[0015] Odor producing substances can be dispensed by numerous methods including passive wicks, aerosol “puffers”, fine particle sprayers and heated vaporizes. Control of the initiation and cessation of sensory experience resulting from conventional dispensing is very difficult. Except in a gross sense, the quantity of odor producing material dispensed is not controlled. Often fragrances are comprised of materials which are readily oxidized at room temperature, photo-decompose or hydrolyze in humid air are all examples of evanescent fragrances for which periodic active dispensing is the only practical way to produce the fragrance…”, paragraphs 15, 18 and 66.
“…situational context of the user is used to understand gestures, expressions and voice commands as well as search queries submitted to the internet….. Part of understanding the true intent of a query … may be aided by the context from which it is asked. … the contextual and/or situational information now allows for an augmented query to be submitted to the search engine … We thus describe a new paradigm for performing search in situational context. This includes using the platform sensor pod's temperature, image, humidity, gas and sound detection sensors data on the person's activity and body parameters, room parameters, as well as the controller's data on outdoor weather parameters and the instantaneous functions being performed by devices to generate a situational context [Examiner interprets as cause the olfactory generator to emit the aromatic emission] for better interpretation of the user's commands and/or queries….”, paragraph 77 and …“situational interpretation is used by the logical controller running probabilistic decision making algorithms for gesture recognition. …. Thus, if the image sensor tracks that the person is situated or is moving proximate to the TV screen … A unique feature of the integrated sensor system having image recognition of devices or room features and has obtained their location's coordinates is the ability to recognize head facing direction and/or arm and or finger pointing. The computer vision system has data storage circuitry and can save a number of seconds of frames backwards in time. If a voice command is now given in conjunction with the finger pointing, the computer vision system algorithms use the previous frames stored in the controllers systems memory device to recognize the gesture and determines the vector intersection of the finger or hand pointing with a room feature or device and associates the voice command recognized by the controller's speech recognition algorithms to the feature or device. A gesture, smile, frown or other expression or positive nod gesture or negative nod gesture is situation ally interpreted in context based on: 1) if action was initiated by the controller such as turning on a fan controller or 2) controller speech generator has made an audible query or 3) controller over a display device has made a text query and the individual or group of individuals is responding. This illustrates the natural way people normally interface with other people around them by utilizing more than one sensory perception and context to interpret another's intent[Examiner interprets as cause the olfactory generator to emit the aromatic emission] ….”, paragraph 79.
Spero teaches aromatic emission concurrently…, “[0114] Embodiments of the present invention will now be described, by way of example only. Further details and advantages of the invention will emerge from a description of a preferred embodiment which is illustrated in the drawing FIG. 3. The apparatus combines light producing element with fragrance generators, odor eliminators, air cleaners, including a particulate air filter, an ion generator, a means for moving air, a means for releasing a pleasant odor, a speaker system or a total sound system, a device capable of real-time sound masking or noise elimination, sensors for measuring intensity of effects and characteristics of the room environment and occupants and a computerized control device. ..”, paragraph 114.
“…situational awareness of the interaction between occupants and devices and the present finite states of each combined with multiple information sources e.g. the mic and camera allows for corroborating data and increases the probability of the intelligent agent AI system making correct decisions and is unique to the architecture of the integrating platform 200 [Examiner interprets as cause the olfactory generator to emit the aromatic emission] . When the phone is ringing a third agreed upon gesture e.g. questioning-gesture used for indicating a desire for more information…”, paragraph 206.
“[0220] The system 206 is able to transform a mass of complex and ambiguous sensory information into coherent action, allowing the controller to perceive and model its environment, synthesize and make decisions from disparate streams of information, and adapt to a changing environment [Examiner interprets as cause the olfactory generator to emit the aromatic emission] ”, paragraph 220).
Although, Spero discloses
“…situational awareness of the interaction between occupants and devices and the present finite states of each combined with multiple information sources e.g. the mic and camera allows for corroborating data and increases the probability of the intelligent agent AI system making correct decisions and is unique to the architecture of the integrating platform 200 [Examiner interprets as cause the olfactory generator to emit the aromatic emission] . When the phone is ringing a third agreed upon gesture e.g. questioning-gesture used for indicating a desire for more information…”, paragraph 206.
Spero does not use the word reinforcement, but Gan discloses
“ the video device/system analyzes user reactions to different objects thereby indicating a value of the objects under consideration. Semi-supervised reinforcement learning code is executed for enabling a process for monitoring a user's surroundings by ingesting an output of the R-CNN engine as an input parameter for an SSRL model….”, paragraph 22.
“[0027] In step 202, input data indicating a value, an emotional attachment, and a sentiment of the physical object with respect to the user is received. In step 204, the physical object is detected via sensors of a hardware device. The sensors may include, inter alia, a video camera, an optical sensor, a machine learning model sensor, a reinforcement learning sensor …”, paragraph 27.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Gan’s teaching with the teaching of Spero. One would have been motivated to provide functionality to generate sensory reinforcement in order to “… to recognize … object and monitor a user's reaction to objects of value within a specified vicinity of the user.”, paragraph 19).
The Examiner notes that the amended claim introduces merely data and intended use limitations. Claim limitations such as “a) receiving first data characterizing a state of a dispensing environment including a dispenser configured to dispense fuel to a vehicle; b) receiving second data characterizing a graphical communication to be provided on a display screen of the dispenser within the dispensing environment; “ are interpreted just data about a dispenser and data about a graphical communication. Also the amendment is plagued of intended use recitation. Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure (MPEP § 2111.04). Accordingly, little patentable weight is given to claim language that is for intended use as noted.
As to claim 11, comprises the same limitations than claim 1 above, therefore is rejected in similar manner, also the claim comprises
A dispenser comprising: (“[0116] A fragrance generator/dispenser device is mounted within the EMCD 20 as well….”, paragraph 116 and paragraph 115 and Fig. 3).
a display; (“[0196] FIG. 12 prior art and FIG. 13 the device of the present disclosure illustrates another beneficially simplifying feature of the device docking platform common to the smaller dimensioned centralized EMCD 20 configuration and distributed MDS platform 200 … There are four devices with separate displays…”, paragraph 196).
an olfactory generator; (“A fragrance generator/dispenser device”, paragraph 116);
at least one sensor; (“…Input data indicating a value, an emotional attachment, and a sentiment of the physical object with respect to the t user is received and the physical object is detected via sensors. ….”, abstract and paragraph 2);
at least one data processor; and a memory storing instructions
(“[0200] The controller 206 runs programs and calls on data to process algorithms to both analyze the data and provide control signals to the delivery devices. FIG. 14 is an exemplary flow chart of the situationally-aware controller's logical processing program that is capable of gathering inputs from sensors, users, feedback from devices it is controlling and outside sources via communications,…”, paragraph 200.
“. The docking station of claim 1 serving as an environmental control system comprised of: a. a docking station attached to or located near the ceiling of a room, the docking station adapted to support at least one delivery device that supplies a work or living space and persons within that space with energy, mass, sensations, or information and at least one sensor adapted to measure environmental conditions within the space and the presence, location, physiology and needs of persons within the space; b. a knowledge database comprising facts about the needs of specific persons when they are in the working or living space, the facts based on predetermined rules, sensor measured environmental factors and sensor measured information concerning the location and activities of the persons in the working or living space; and c. a logical controller comprising an inference engine that uses best practice engineering rules, stored behavioral models and data obtained on the behavior of specific persons to carry out predictions of that person's intentions and that uses artificial intelligence and applies the rules and facts stored in the database to deduce new facts”, claim 2).
As to claims 2 and 12, Spero discloses a
wherein the state of the dispensing environment includes at least one of a presence of at least one patron within the dispensing environment, a time of day, a local ambient condition of the dispensing environment is located, a flow of vehicle traffic within the dispensing environment, or a utilization of equipment or services within the dispensing environment.
(“0004] These systems have been termed “smart” which may be defined as being able to receive data and act on it and thus their automatic operation is dependent on the information being provided at that instant by users or rules set up in advance based on time of day or an event happening but predicted in advance by users. Within this disclosure a superior solution is proposed which is termed “intelligent”—which may be defined as being able to autonomously adapt to surroundings. The operation of “intelligent” devices is thus inherently automatic with as you go teaching being used seamlessly in a machine learning environment…”, paragraph 4 and “…several environmental factors appear to produce positive affective states, including certain kinds of lighting, music, pleasant climatic conditions, and pleasant scents or aromas. Pleasant aromas can be readily introduced into home or work environments;…”, paragraphs 6-7.
“… An integrated vision system would use data of a detected spill to call on a robot floor sweeper to go to the location and clean the spill before someone slips and falls”, paragraphs 45 and 81 .
“[0084] The premise of one of the embodiments of the invention is that lighting fixtures are almost always installed throughout modern living spaces, typically suspended from the ceiling and often lowered into the midst of such areas. As such they provide a close-in, architecturally accepted and already hooked-up to the infrastructure unit on which other devices may be integrated into a unified Environment and Mood Modifying and Control Device (EMCD). The intention is to provide an innocuous platform on which elements capable of generating effects and carrying out processes including, electromagnetic, mechanical and chemical stimuli. These include light, ions, sounds, odors, air quality filtration and air make-up, which create an atmosphere conducive to carrying out tasks, affecting a person's moods or providing therapeutic action to the body and or mind”, paragraph 84.
“…situational awareness of the interaction between occupants and devices and the present finite states of each combined with multiple information sources e.g. the mic and camera allows for corroborating data and increases the probability of the intelligent agent AI system making correct decisions and is unique to the architecture of the integrating platform 200.”, paragraph 206
“…information stored in its memory regarding room geometry and objects therein as well as receiving operational data from devices presently active as well as using sensors to obtain real time data regarding people in the room as well room environment characteristics as well as data from the internet and external sensors. With the plethora of data available it is possible to have and the artificial intelligence system solve ambiguous commands”, paragraph 218 and 220).
As to claims 3 and 13, Spero discloses
wherein, the aromatic emission includes at least one of an aroma, a smell, or a fragrance.
(“[0116] A fragrance generator/dispenser device is mounted within the EMCD 20 as well. It is comprised of one or more fragrance, scent, perfume, odor or aroma generating or eliminating materials 40 contained in one or more permanent or replaceable containers 41, or supplied in real-time via outside piping, which flow in a controlled manner…”, paragraph 116 and Fig. 3.
“…The logical processing program decides on a second most probable data stream obtained from sensors to recall from the storage buffers, with the same time of occurrence, for it to obtain corroborative data on the real occurrence of a suspected event. The controller 206 uses as data stream input on which it performs mathematical signal processing analysis, either multiple features captured by a single sensor or multiple sensors that captured the same event in real time and analyzes the event data for recognition. It then chooses the most probable recognition routine or sensor type to yield success and recalls data from storage and thus performs a optimized analysis. Thus uniquely the controller based on real-time data from a first sensor detects a probable event then calls up stored data from the second sensor which it uses to increase the probability that the event did occur. …situational awareness of the interaction between occupants and devices and the present finite states of each combined with multiple information sources e.g. the mic and camera allows for corroborating data and increases the probability of the intelligent agent AI system making correct decisions and is unique to the architecture of the integrating platform 200….”, paragraph 206).
As to claims 5 and 15, Spero discloses
wherein the aromatic emission is provided concurrently with the graphical communication.
(“…the user interface program with the controller has been programmed with code allowing for the user to see the available devices. The user by interconnecting the icons of the alarm clock and the sprinkler in the GUI program has arranged the alarm clock program such that is programmed to make use of the sprinkler to awaken that system recognized individual. The sprinkler has valves to set the flow and time and the GUI program lets the user set these parameters…”, paragraph 90.
“…The UI options range from dedicated IR remote controller to voice recognition with Smartphone app or PC computer program having GUI to control various functions, to set preferred light levels, color spectrum and operating rules with gesture recognition also an interface option…”, paragraph 125.
“…The addition of the microphone and video sensors to the platform's sensor capabilities, as well as software for the logical controller's interpretation of images as well as the proliferation of Smartphones capable of running device control applications on an easily understood Graphical Use Interface,…”, paragraph 201).
As to claims 6 and 16, Spero discloses
wherein the aromatic emission is provided non-concurrently with the graphical communication.
(“…the logical controller system's simultaneous interconnectability with the sensors and devices provides its programs with data representing an awareness of what changes are going on in the occupant's environs in real time and allows for the artificial intelligence system to more accurately interpret and provide for user needs…The controller's logical processing program 206, after receiving initial data input [Examiner interprets as sensory reinforcement is provided non-concurrently ] indicating with sufficient probability that an event has occurred, uses algorithms in an attempt to more positively identify the event. The logical processing program decides on a second most probable data stream obtained from sensors to recall from the storage buffers, with the same time of occurrence, for it to obtain corroborative data on the real occurrence of a suspected event. The controller 206 uses as data stream input on which it performs mathematical signal processing analysis [Examiner interprets as sensory reinforcement is provided non-concurrently ] , either multiple features captured by a single sensor or multiple sensors that captured the same event in real time and analyzes the event data for recognition. It then chooses the most probable recognition routine or sensor type to yield success and recalls data from storage and thus performs a optimized analysis. Thus uniquely the controller based on real-time data from a first sensor detects a probable event then calls up stored data from the second sensor which it uses to increase the probability that the event did occur. This situational awareness of the interaction between occupants and devices and the present finite states of each combined with multiple information sources … allows for corroborating data and increases the probability of the intelligent agent AI system making correct decisions [Examiner interprets as sensory reinforcement is provided non-concurrently ] and is unique to the architecture of the integrating platform 200…”, paragraph 206).
As to claims 7 and 17, Spero discloses
wherein the aromatic emission is a mitigating scent configured to remedy undesirable odors present within the dispensing environment.
(“Spero’s system discloses “…. Odor also affects one's mood; for example, an offensive smell may cause nausea. People in an environment, which simulates a garden or forest, will feel pleasant and refreshed”, paragraph 8.
“[0014] Another way to remotely affect humans is through the sense of smell. The fields of aromatherapy and fragrance marketing espouse the use of olfactory stimulation to evoke within people therapeutic or psychological responses for the benefit of the client or retailer. Other olfactory directed devices contain odor counteractants to eliminate malodors from living spaces”, paragraphs 14-15.
“…devices may be integrated into a unified Environment and Mood Modifying and Control Device (EMCD). The intention is to provide an innocuous platform on which elements capable of generating effects and carrying out processes including, electromagnetic, mechanical and chemical stimuli. These include light, ions, sounds, odors, air quality filtration and air make-up, which create an atmosphere conducive to carrying out tasks, affecting a person's moods or providing therapeutic action to the body and or mind”, paragraph 84.
“[0088] The platform's sensor pack uses indirect measurement via its sensors to directly measure the parameters of indoor or outdoor living area occupants such as their age, location, body temperature, the appearance of sweat etc. This, as opposed to prior art systems such as thermostats that measure room parameters alone. …control system controlled by the platform has better information to correctly control [the climate than do state of the art systems. In the docking platform there are any of devices and sub-components of devices used to deliver …, fragrance,[Examiner interprets as a mitigating scent configured to remedy undesirable odors ] humidity control among others…”, paragraph 88.
“… fragrance generators, odor eliminators, air cleaners, including a particulate air filter, an ion generator, a means for moving air, a means for releasing a pleasant odor…”, paragraphs 114 -116).
As to claims 9 and 19, Spero discloses
wherein determining the aromatic emission further comprises determining at least one attribute of the aromatic emission , the at least one attribute including a type, a medium, a strength, a concentration, a composition, or an emission duration of the aromatic emission
(“[0058] It is an object of the invention to provide a unified platform for the generation and/or dispensing of sense stimuli for two or more of the four remotely accessible human senses, sight, hearing, touch and smell, by means of light, sound, air composition and radiation based sensation and odor”, paragraph 58.
“…type of sensor input and corroborating the data”, paragraph 162.
“…measuring the strength of …reflected radiation as a function of frequency the terahertz emissions can be correlated well with sweating, pulse rate and blood pressure measurements. The visible and IR spectrum camera also makes additional non-contact measurements and methods known in the art have been used to observe vasodilation and pulse which are physiological metabolic measures used by the body's thermoregulatory system to maintain thermal equilibrium…. The controller's algorithms use sensor data about visible, IR and other spectrum radiation alone or in unison together with its environmental sensors…”, paragraph 169. “…[0170] Installed in an automotive cockpit application instead of a room, the disclosed sensor system using the canthus of eye compared to skin temperatures at body extremities and other non-contact measurements with visible IR and terahertz radiation would be able to correlate the temperature…”, paragraph 170.
See also “[0074] Upon installation a calibration routine using a lensed sensor array is run to determine the room geometry and identify objects within the room. The detector array pixels are calibrated to the room coordinates and the data is stored in the controller's circuitry. Algorithms for any of machine vision or image recognition, pattern recognition, computer vision, the terminology is used interchangeably throughout the disclosure, are used to decipher data obtained from a camera. Within this disclosure, a camera is defined to include visible, IR and thermographic, terahertz and sub-terahertz cameras”, paragraph 74 and claim 4).
As to claims 10 and 20, Spero discloses
wherein the aromatic emission is determined based on a predictive model trained in a machine learning process to output a predicted aromatic emission based on the graphical communication or the at least one attribute of the aromatic emission .
(“…the logical controller system's simultaneous interconnectability with the sensors and devices provides its programs with data representing an awareness of what changes are going on in the occupant's environs in real time and allows for the artificial intelligence system to more accurately interpret and provide for user needs. The snapping finger gesture may be detected by sensor 212 via sound recognition or gesture recognition algorithms or uniquely by both sensors thereby increasing gesture recognition accuracy. The methodology is unique as the controller 206 follows a dynamically generated process for making the probabilistic decisions more accurate as to what gesture or activity, …he controller's logical processing program 206, after receiving initial data input indicating with sufficient probability that an event has occurred, uses algorithms in an attempt to more positively identify the event. The logical processing program decides on a second most probable data stream obtained from sensors to recall from the storage buffers, with the same time of occurrence, for it to obtain corroborative data on the real occurrence of a suspected event. …”, paragraph 206.
“2. The docking station of claim 1 serving as an environmental control system comprised of: a. a docking station attached to or located near the ceiling of a room, the docking station adapted to support at least one delivery device that supplies a work or living space and persons within that space with energy, mass, sensations, or information and at least one sensor adapted to measure environmental conditions within the space and the presence, location, physiology and needs of persons within the space; b. a knowledge database comprising facts about the needs of specific persons when they are in the working or living space, the facts based on predetermined rules, sensor measured environmental factors and sensor measured information concerning the location and activities of the persons in the working or living space; and c. a logical controller comprising an inference engine that uses best practice engineering rules, stored behavioral models and data obtained on the behavior of specific persons to carry out predictions of that person's intentions and that uses artificial intelligence and applies the rules and facts stored in the database to deduce new facts”, claim 2).
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US Pg. Pub. No. 20160195856 (Spero) in view of US Pg. Pub. No. 20210211831 (Gan) and in view of US Pg. Pub. No. 20130162632 (Varga).
As to claims 8 and 18, Spero discloses
wherein the second data characterizing the graphical communication is determined based on at least one and an identity of an operator of the vehicle.
(“…Using image recognition the platform's logical controller stores a person's manually input preferences or automatically learned preferences from occasions when the user contravened the AI system's decision in a data file of the user's profile in its storage circuitry or media. Alternately, or in addition to the controller uses voice recognition algorithms to identify the individual. The controller can then corroborate the identification by both methods increasing chances for correct identification…”, paragraph 93.
“[0170] Installed in an automotive cockpit application instead of a room, the disclosed sensor system using the canthus of eye compared to skin temperatures at body extremities and other non-contact measurements with visible IR and terahertz radiation would be able to correlate the temperature and other physiological and environmental indicators and or reflections off skin will determine whether or not a person has too much air conditioning or too little and thereby adjust…”, paragraph 170).
Spero discloses his system installed in an “automotive cockpit application”, paragraph 170. Spero does not expressly disclose but Varga discloses
attribute of a vehicle present within the dispensing environment
(“[0129] The present disclosure provides examples of a system, such as an ATC system, a pilot cockpit system, an automotive system, a military battlefield system, a medical system, or the like. The various systems may be useful, for example, for automatically receiving tactical and environmental data from multiple data points, (including terrain, weather, and other physical obstacles), processing and reconciling this data, and displaying data in a virtual three dimensional orthogonal space on a display device or wearable display device, as described above. The various examples above will enable a user to perform various functions, including: [0130] a. Perfectly line up the projected image directly overlaying the real aircraft, terrain, and obstacle objects; [0131] b. Select an object on the display and presenting known information about the object from an accompanying database; [0132] c. View the moving objects current attributes, such as velocity, direction, altitude, vertical speed, projected path, etc.; [0133] d. View the terrain and obstacle object's attributes, such as latitude, longitude, elevation, etc. “, paragraphs 129-133).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Varga’s teaching with the teaching of Spero. One would have been motivated to provide functionality to integrate attributes of a vehicle such as “current attributes, such as velocity, direction, altitude, vertical speed, projected path, etc.; [0133] d. View the terrain and obstacle object's attributes, such as latitude, longitude, elevation, etc”(paragraph129-133) in order to offer a time sensitive data system for projecting safety/mission critical data (see Varga abstract).
Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over US Pg. Pub. No. 20160195856 (Spero) in view of US Pg. Pub. No. 20210211831 (Gan) and in view of US Pg. Pub. No. 20210077649 (Becker).
As to claims 4 and 14, Spero discloses
wherein the sensory reinforcement is generated
(“[0067] It is a further objective of this invention to provide for a feedback control [Examiner interprets as sensory reinforcement ] to keep stimuli within predetermined parameters with sensors located on the combined dispensers or at other locations….Sensors and detectors of sound, lighting and smell for providing feedback are provided with a venue and are also evenly distributed over the area.”, paragraph 67.
“…The machine learning system records events and uses code to analyze user feedback in reaction to actions which were automatically deduced regarding user needs and/or environmental changes that the controller decided require intervention. This is done by the AI system using algorithms to determine the best practice operation of devices to meet needs in real time…The controller is comprised of electronic circuitry designed to: acquire data from sensing elements or user input devices, store and retrieve data, process algorithms for acting on stored or acquired data, generate control and power signals to drive the delivery devices and communicate with people and other devices. Thus the term automatically refers to a full electronic control loop with processing, actuating and feedback is executed and that is the intended use herein. Similarly, used thought the disclosure the term controller knows, has information, detects, controls refer to a computer program for instructing a computer to perform the method of obtaining data from the sensors, obtaining values and instruction sets from memory circuits, processing the instruction set and generating control signal to operate devices and receive feedback signals from those devices as to their present state of operation..”, paragraph 75).
Spero does not disclose but Becker discloses
on a predetermined schedule
(“Aspects of the present disclosure include a method of managing scent in an environment, which includes disposing at least one scent diffusion device within an environment, wherein the at least one scent diffusion device comprises a communications facility that enables transmitting signals to and receiving signals from a remote computer…”, abstract.
“The device of claim may further include a scheduling facility that receives the signal and predicts when the package will be depleted of liquid or determines a package replenishment schedule. The device may further include a remote computer in communication with the processor for receiving the signal and generating an alert if the signal indicates a need for replacement of a package or when an unexpected signal is obtained. …”, paragraph 15)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Becker’s teaching with the teaching of Spero. One would have been motivated to provide functionality to schedule signals in order to support “networked scent-diffusing devices and applications thereof” (see Becker paragraph 2).
Response to Arguments
Applicant’s arguments of 12/10/2025 have been very carefully considered but are not persuasive.
The claims rejection based on 35 USC 101 are no persuasive because the prima facie of unpatentability established above.
Applicant argues (remarks 7-9)
Rejections Under 35 U.S.C. §103
Claims 1-3, 5-7, 9-13, 15-17 and 19-20 stand rejected under 35 U.S.C. § 103 as being
unpatentable over U.S. Publication No. 2016/0195856 of Spero ("Spero") in view of U.S.
Publication No. 2021/0211831 of Gan et al. ("Gan"). Claims 8 and 18 stand rejected under 35
U.S.C. § 103 as being unpatentable over Spero in view of Gan and in view of U.S. Publication No.
2013/0162632 of Varga et al. ("Varga"). Claims 4 and 14 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Spero in view of Gan and in view of U.S. Publication No. 2021/0077649 of
Becker et al. ("Becker"). Applicant respectfully disagrees.
Claim 1 is amended herein to include a number of features not disclosed in Spero or Gan thus one of ordinary skill in the art would not reach the claimed subject matter in view thereof….
In response the Examiner asserts that for clarification purposes, the prior office action of record did not have possession of the currently amended portion(s) of the claim(s) that the Applicant is currently arguing. Action on these newly amended limitations is contained herein. Further, the Examiner respectfully notes that applicant has not provided persuasive rebuttal evidence to overcome the prima facie case. The elements of this instant Application are old and well known at the time of the invention. The combination set for the rejection produce results that are predictable. The claims are broad and no novel at all.
Applicant argues (remarks 6-7)
Rejections Under 35 U.S.C. §101
Claims 1-20 are rejected under 35 U.S.C. 101 because the Office asserts that the claimed
invention is directed to an abstract idea related to methods of organizing human activity,
advertising, marketing or sales activities or behaviors as defined under step 2A, Prong 1 of the 2019
Revised Patent Subject Matter Eligibility Guidance. Applicant respectfully disagrees…
Applicant respectfully submits that the amended features are not related to methods of
organizing human activity, advertising, marketing or sales activities or behaviors and instead are
directed to a manner of controlling an olfactory generator configured on a dispenser to emit an
aromatic emission in a dispensing environment. The claims do not recite the involvement of any
human behavior, either as inputs or resulting from outputs of the method steps….
In response the Examiner asserts that a prima facie of unpatentability has been established. Further, the Examiner looked both the instant claims and the specification to elaborate Examiner's facially sufficient analysis above. The Examiner considered each limitation or element in the claims individually and as a whole according with the guidelines published in published in the MPEP 2103 through 2106.07(c).
In this case the facially sufficient analysis above used to established the prima facie states that the instant claims recite the limitations of “c) determining …[a command]… to be provided … based on the first data and/or the second data; d) generating …[a command]… ; the current draft of these limitations is directed to a process and system that, under its broadest reasonable interpretation, covers performance of the limitations as certain methods of organizing human activity, advertising, marketing or sales activities or behaviors. The system for generating a sensory reinforcement. Thus, the claim recites an abstract idea. The same appointed limitations can be considered also a mental process. The additional limitations in the claims such as “a) receiving first data characterizing a state of a dispensing environment including a dispenser configured to dispense fuel to a vehicle; [this is interpreted just data about a dispenser. ]; b) receiving second data characterizing a graphical communication to be provided on a display screen of the dispenser within the dispensing environment [this is interpreted just data about a graphical communication]; These are limitations toward accessing or receiving data. It is merely gathering data. Herein the dispenser is not claimed at all, the claim is merely receiving data about a dispenser and also the method is just receiving data about a graphical communication”. These limitations also comprise intended use limitations and just descriptive information. Other supplementary elements in the claim “an aromatic emission ; via an olfactory generator positioned on the dispenser ; a control signal configured to cause the olfactory generator to emit the aromatic emission within the dispensing environment; to cause the olfactory generator to emit the aromatic emission concurrently or separately from displaying the graphical communication”; comprise generic recited computer elements or device, generic software and merely data. The claims are not integrated into a practical application or the claims do not conform an eligible inventive concept when claimed and invention in a merely generic manner as it is here.
The facially sufficient analysis above then concludes that the claimed limitations
amount to no more than mere instructions to apply the exception. i.e., mere instructions to apply an exception using generic hardware and software cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. See detailed facially sufficient analysis above.
As such, the Applicant submits that amended claim 1 is patent eligible and does not address
the rejections of the claim under Steps 2A, Prong 2 or Step 2B at this time. Claim 11 recites similar
subject matter and is patent eligible for at least the same reasons provided in view of amended claim
1….
In response the Examiner acknowledge that Applicant amended the claims, the amendment introduced limitations claiming just merely data and intended use. The claims are recited at a high level of generality that they do not integrate the abstract idea into a practical application because the elements do not impose any meaningful limits on practicing the abstract idea. Recitation of a generic computer, intended use and merely data represent insignificant extra solution activity.
In summary, arguments directed to rejection under 101 are considered but they are not
persuasive. Per last “2019 Revised Patent Subject Matter Eligibility Guidance” (2019 PEG), published in the MPEP 2103 through 2106.07(c).” The instant claims are directed to an abstract idea. None of the limitations considered as an ordered combination, provides eligibility, because taken as a whole, the claim simply instruct the practitioner to implement an abstract idea with routine, conventional technology and data. Accordingly, the claims are ineligible (see complete and facially sufficient analysis of the rejection above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
“Development of a Thermal-Based Olfactory Display for Aroma Sensory Training”. IEEE. 2020. This article discloses, “The digital replication of smell - so-called olfactory displays, remains one of the least advanced sensory technologies. Recent developments have focused heavily on virtual reality. However, there remains a need for olfactory displays targeted towards aroma training. In this paper, we present a thermal-based olfactory display, using Peltier heating elements. The unit is fully computer-controlled and holds up to 12 `aroma capsules'. Each capsule contains an individual aroma that can either be activated on its own or with others to create richer experiences. The unit has been designed as part of a wine aroma game to promote sensory training. The portable device has been tested with 15 volunteers to test the detection and recognition times of 6 aromas associated with red or white wines.”
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee 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 MARIA VICTORIA VANDERHORST whose telephone number is (571)270-3604. The examiner can normally be reached on business hours from Monday through Friday from 8:30 AM to 4:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ashraf Waseem can be reached on 571-270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIA V VANDERHORST/ Primary Examiner, Art Unit 3621 3/16/2026