DETAILED ACTION
Receipt is acknowledged of the amendment filed on July 8, 2026, which has been fully considered in this action. Claims 1, 3, 15 and 16 have been amended, claim 2 has been canceled and claim 21 is newly added. Claims 1 and 3-21 remain in the application and an action as to the merits follows.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-7, 9-15, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US2020/0360557 A1(Wu).
As to claims 1 and 20, Wu ‘557 discloses a volatile composition dispenser comprising volatile composition dispenser, comprising: (a) a cartridge 10 comprising a reservoir of at least one liquid volatile composition V and a rupturable substrate 14, see Fig. 5, for enclosing the reservoir; (b) a housing(rear shell 30 and external casing 60), defining an interior compartment, see Fig. 5, within which the cartridge 10 is disposed, wherein a frame opening(through-hole 34), see paragraph [0046], is formed through the housing(through-hole 34 is formed on the rear shell 30, Fig. 1) and defines an extending surface(the surface of the rear shell 30) in which the frame opening 34 extends, Fig. 1; and (c) an activation lever(pressing member 50/50a, paragraphs [0046,0068], Fig. 1) disposed at the frame opening. See Fig. 1, and configured to be pivotable in relation to the housing, see paragraph [0053], wherein the activation lever comprises a hammer portion(bulge portion 542, paragraph [0053]) and a handle portion(top board 52/56 clipping portion, paragraphs [0049,0068]), wherein the activation lever 50/50a is configurated to be pivotable between a first position, see Fig. 6, paragraph [0055] and Fig. 15, paragraph [0064], in which the hammer portion 542 of the activation lever 50/50a is extended below the extending surface(surface of the rear shell 30) of the frame opening 34 and into the interior compartment of the housing 30 and the handle portion 52/56 of the activation lever 50/50a is extended above the extending surface(surface of the rear shell 30) of the frame opening 34 and outside the housing 30, and a second position(position intermediate between Fig. 6 and Figs. 7 and 8, paragraph [0056] and Figures 16 and 17, paragraphs [0066-0068], in which the hammer portion 542 of the activation lever 50/50a causes rupture of the rupturable substrate 14 of the cartridge 10 to release the at least one liquid volatile composition therefrom(the user exerts a force on the top board 52 and clipping portion 56 of the pressing member 50/50a in order to activate the device, paragraphs [0055,00680]; and wherein the activation lever is configured to be pivotable from the second position to a third position (depicted in Figs.7-8) in which the handle portion (top board 52 ) of the activation lever (50) extends in a direction that is substantially parallel to the extending surface (surface of the rear shell 30) of the frame opening (34). Further regarding claim 20, Wu ‘557 discloses an apparatus that teaches the method of delivering at least one liquid volatile composition into the atmosphere, the method comprising: (i) providing a volatile composition dispenser as disclosed above; and (ii) activating the volatile composition dispenser by applying pressure onto the handle portion of the activation lever. See Figures 1-17 and paragraphs [0042-0068].
As to claim 3, Wu ‘557 discloses a bottom board 32 within the through-hole 34 (visible on Fig.1) which is configured to lock the pressing member 50 (paragraph [0050]) in the third position.
As to claim 4, see Wu ‘557, the bottom board 32 is located on both sides of the throughholes and can thus be seen as comprising two stops opposite to each other (visible from below on Fig.4). These bottom boards 32 interact with the lever in the lower side of the top board 52 (which is part of the handle portion) and at the penetration plate 54 (which is part of the hammer portion)..
As to claim 5, see Wu ‘557, the pressing member 50 has a pivoting portion 53 that is rotatably connected to the rotary shaft 33 located on the real shell 30 of the housing. The activation lever 50 is thus connected to said rear shell 30 (paragraphs [0052-0053], Fig.1, Fig.2, Fig.4) via a hinge structure.
As to claim 6, see Wu ‘557, the hinge comprises a rotary shaft 33 located inside the frame opening (the hinge 33 can be seen as inside the through holes 34 if taken from above) and coupled to the housing 30 (Fig.2).
As to claim 7, see Wu ‘557, the activation lever 50 comprises a pivoting portion 53 (Fig.2) which can be seen as a through-hole into which the pivoting shaft 33 fits. The activation lever 50 is pivotable around the pivoting shaft 33 and in relation to the housing (30).
As to claim 9, see Wu ‘557, the pressing member 50 is an integrated plastic piece manufactured by injection molding (paragraph [0049]).
As to claim 10, see Wu ‘557, see Figures 11 and 15.
As to claim 11, see Wu ‘557, see Figures 11 and 15.
As to claim 12, see Wu ‘557, see Figure 15.
As to claim 13, see Wu ‘557, see Figure 15.
As to claims 14 and 15, see Wu ‘557, see Figures 7 and 8.
As to claim 18, see Wu ‘557, breathable membrane 16.
Allowable Subject Matter
Claims 16, 17 and 21 are allowed.
Claim 8 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed July 8, 2026 have been fully considered but they are not persuasive. In regard to applicant’s arguments that Wu .557 does not teach that the rupturable membrane 14 rupture occurs early enough to permit any further pivoting of the lever from the point of rupture to a separate, subsequent third position and that the parallel state of the top board 52 in Fig. 8 is the same position as the rupture state, there is no subsequent, third position transitioned to from the rupture position. Note in paragraph [0045], lines, 1-5, where it is disclosed that the rupturable substrate 14 can be of tin foil, aluminum foil or a kraft paper and that the bursting strength of the rupturable substrate 14 is preferably smaller than that of the breathable membrane 16, therefore, the rupturable substrate will rupture as the breathable membrane is flexed but before it is fully flexed. In paragraph [0046], lines 3 and 4, see where it is disclosed that a part of the pressing member 50 passes through the through-hole 34 of the rear shell 30 to break the rupturable substrate 14 to form a breaking hole 140, therefore, as soon as a part of the pressing member passes through the plane of the through-hole 34 the substrate is ruptured which is the second position where the hammer portion causes rupture, and is therefore, before the third position as indicated in Fig. 8 as argued. See paragraph [0049], where it is disclosed that the penetration plate 54 passes through the through-hole 34 of the rear shell 30 and is configured to downwardly press on the breathable membrane 16 and rupturable substrate 14. The breathable membrane 16 has resilience and is not broken by the pressing member 50. The penetration plate 54 breaks the rupturable substrate 14. Therefore, as soon as the penetration plate passes through the plane of the through-hole 34 the substrate is ruptured which is the second position where the hammer portion causes rupture, and is therefore, before the third position as indicated in Fig. 8 as argued.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J GANEY whose telephone number is (571)272-4899. The examiner can normally be reached M-F 9am-5:30pm.
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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/Primary Examiner, Art Unit 3752
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