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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 7-13, 15-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakamura (WO 2015099108 A1).
Regarding claim 1, Nakamura teaches A volatile composition dispenser comprising:
a housing having a first end and an opposing second end (Fig. 5), the housing comprising a front frame and a rear frame that are capable of moving away from or toward each other for opening and closing the housing (pg. 4 par. 4: The upper and lower cases 23, 24 can be aligned with a structure in which the pin 25 of the upper case 23 is inserted into the concave hole 26 of the lower case 24, and the claw 27 of the upper case 23 and the claw 28 of the lower case 24 are The upper and lower cases 23 and 24 can be separated by a one-touch type by a hooking and locking structure),
wherein the rear frame comprises one or more rib elements (pg. 4 last par.: The lower case 24 is integrally provided with four support ribs 35 on which the outer bag 13 of the chemical volatilization bag 11 is placed… A receiving portion 37 that supports the inner bag body 12 of the drug volatilization bag 11 to which an external force is applied by the pressing portion 29 via the outer bag body 13 is integrally provided at the central portion of the lower case 24. The receiving portion 37 has a support surface 38 that is inclined so as to face the pressing portion 29 that has been pushed in, and the medicine volatilization bag 11. The receiving portion 37 has a double structure of the inner circular rib 39 and the outer circular rib 40, and the support surface 38 is at the upper end portion of the inner circular rib 39 and the cross-shaped rib 41 and the outer circular rib 40 located inside thereof); and
a cartridge configured to be positioned inside the housing (pg. 4 par. 3: the chemical volatilization bag 11 is used as a chemical volatilization container housed in a resin case 21), the cartridge comprising:
a reservoir containing at least one liquid volatile composition (Fig. 1: bottom half of inner bag body 12; volatile drug 15);
a sealing substrate for enclosing the reservoir (Fig. 1: top half of inner bag body 12; transparent gas-impermeable film 14), wherein:
rupture or removal of the sealing substrate enables evaporation of the at least one liquid volatile composition from the cartridge (pg. 8 par. 2: The inner bag body is configured to be able to break the bag by an increase in internal pressure due to external force; pg. 6 par. 3: 15 is volatilized to the outside by infiltrating through the micropores of the microporous sheet 17 and oozing out onto the sheet surface. Volatile medicine 15 volatilized outside the outer bag 13 is released to the outside of the container); and
the rib elements are configured to apply a compressive force on the cartridge when the housing is in a closed state and the cartridge is positioned within the housing (pg. 6 par. 1: Due to the pressing operation of the pressing portion 29, the drug volatilization bag 11 is sandwiched between the receiving portion 37 of the lower case 24 and the pressing portion 29. The support surface 38 of the receiving portion 37 composed of the inner circular rib 39 and the cross-shaped rib 41 and the outer circular rib 40 is inclined so as to face the pressing portion 29 inclined by the pushing operation through the drug volatilization bag 11).
Regarding claim 2, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein the cartridge comprises a membrane for enclosing the reservoir, and the rib elements are configured to apply the compressive force on the membrane, thereby causing a deformation of the membrane (Fig. 1-2: outer bag 13; NOTE; pressing on the entire drug volatilization bag will also compress the outer bag 13 and cause a deformation of the membrane in order to cause a deformation of the inner bag 12).
Regarding claim 3, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein the rib elements are configured to apply the compressive force on the cartridge for substantially an entire lifetime of a cartridge positioned within the housing (pg. 4 last par.: The lower case 24 is integrally provided with four support ribs 35 on which the outer bag 13 of the chemical volatilization bag 11 is placed… A receiving portion 37 that supports the inner bag body 12 of the drug volatilization bag 11 to which an external force is applied by the pressing portion 29 via the outer bag body 13 is integrally provided at the central portion of the lower case 24. The receiving portion 37 has a support surface 38 that is inclined so as to face the pressing portion 29 that has been pushed in, and the medicine volatilization bag 11. The receiving portion 37 has a double structure of the inner circular rib 39 and the outer circular rib 40, and the support surface 38 is at the upper end portion of the inner circular rib 39 and the cross-shaped rib 41 and the outer circular rib 40 located inside thereof; NOTE: this is a recitation of intended use since this involves the configuration of the device over time; the device of Nakamura can be configured to read on this limitation via a constant application of force on its pressing portion 29 by a user or some other mechanical means).
Regarding claim 7, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein the compressive force causes a reduction in a thickness of the reservoir, as compared to a thickness of the reservoir before being subjected to the compressive force (pg. 8 par. 2: The inner bag body is configured to be able to break the bag by an increase in internal pressure due to external force; Fig. 15-17; NOTE: breaking the bag would decrease its thickness and so would compressing the bag against a flat surface with another flat surface pressing down on it).
Regarding claim 8, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein: the cartridge comprises a membrane for enclosing each of the sealing substrate and the reservoir (Fig. 1-2: outer bag 13);
the sealing substrate is configured to be ruptured by the compressive force, without the
cartridge being touched by a user wherein the compressive force, when applied, actuates a rupture mechanism that is configured to rupture the sealing substrate, (pg. 8 par. 2: The inner bag body is configured to be able to break the bag by an increase in internal pressure due to external force; Fig. 15-17: pressing portion 29),
wherein the cartridge comprises one or more rupture elements that are spatially aligned with the one or more rib elements, so that when the one or more rib elements come into contact with the cartridge, the one or more rib elements applies the compressive force on the one or more rupture elements and thereby cause rupture of the scaling substrate (Fig. 6, 11, 15-17: 37, 38, 39; pg. 6 par. 1: Due to the pressing operation of the pressing portion 29, the drug volatilization bag 11 is sandwiched between the receiving portion 37 of the lower case 24 and the pressing portion 29. The support surface 38 of the receiving portion 37 composed of the inner circular rib 39 and the cross-shaped rib 41 and the outer circular rib 40 is inclined so as to face the pressing portion 29 inclined by the pushing operation through the drug volatilization bag 11).
Regarding claim 9, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein the cartridge is configured to be held within the housing without adhesion or attachment between the cartridge and housing (NOTE: Nakamura teaches wherein the cartridge is held in place by ribs, but makes no mention of holding it in place using adhesive; pg. 6 par. 1: When the external force is applied by the pressing portion 29, as shown in FIG. 16, the pressing portion 29 provided on the upper case 23 via the connecting portion 30 has the connecting portion 30 having flexibility. It is pushed into the container by the bending of 30 Due to the pressing operation of the pressing portion 29, the drug volatilization bag 11 is sandwiched between the receiving portion 37 of the lower case 24 and the pressing portion 29. The support surface 38 of the receiving portion 37 composed of the inner circular rib 39 and the cross-shaped rib 41 and the outer circular rib 40 is inclined so as to face the pressing portion 29 inclined by the pushing operation through the drug volatilization bag 11. Therefore, since the pressing surface 45 of the pressing part 29 and the support surface 38 of the receiving part 37 are parallel, the entire surface of the pressing part 29 contacts the drug volatilization bag 11).
Regarding claim 10, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein the cartridge is configured to be removed from the housing without being touched by a user (NOTE: since Nakamura teaches holding the cartridge in place using ribs and does not mention adhesive for this purpose, the cartridge would be configured to be removed from the housing just by dropping it from the housing and/or by using a tool such that the user is not directly touching the cartridge).
Regarding claim 11, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein the housing and cartridge are configured such that when a cartridge located within the housing has reached end of life, the cartridge may be removed from the housing by the steps:
opening the housing; and
upending the housing, without a step of disengaging or disadhering the cartridge from the housing (NOTE: since Nakamura does not teach an adhesive and its ribs are used for positioning rather than engagement, the cartridge is not tied down and would be capable of being removed by simply upending the housing after opening it).
Regarding claim 12, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein the front frame comprises a window portion configured to receive the reservoir of the cartridge (Fig. 5: volatilization holes 32).
Regarding claim 13, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein the cartridge is a replaceable refill cartridge (pg. 6 par. 4: Moreover, when the chemical volatilization container 22 can be refilled, the replacement time of the chemical volatilization bag 11 can be recognized quickly and easily).
Regarding claim 15, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein the front frame and the rear frame further comprise a locking structure at the opposing second end of the housing for releasably interlocking the front and rear frames together upon closing of the housing; wherein the locking structure is selected from the group consisting of latches, snap fits, clasps, and catches (Fig. 6: 27, 28).
Regarding claim 16, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein each of the one or more rib elements comprises a cartridge-contacting surface that is substantially flat or rounded (Fig. 9, 11: 37, 39, 40).
Regarding claim 17, Nakamura teaches the volatile composition dispenser according to claim 16, and teaches wherein the cartridge further comprises one or more rupture elements that are spatially aligned with the one or more rib elements, so that when the one or more rib elements come closer or into contact with the cartridge, the one or more rib elements apply the compressive force on the one or more rupture elements and thereby causing rupture of the sealing substrate (Fig. 1-2: outer bag 13).
Regarding claim 19, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein the housing is a reusable housing that can be used multiple times with replaceable cartridges (pg. 6 par. 4: Moreover, when the chemical volatilization container 22 can be refilled, the replacement time of the chemical volatilization bag 11 can be recognized quickly and easily).
Regarding claim 20, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein the cartridge is not able to rotate within the housing (Fig. 12).
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, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura in view of Gruenbacher (US 20110180621 A1) and Kvietok (US 20040007787 A1).
Regarding claim 4, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein:
the housing comprises a locking structure for releasably locking the housing in a closed state; and (pg. 4 par. 4: The upper and lower cases 23 and 24 can be separated by a one-touch type by a hooking and locking structure. In this case 21, the fitting structure is separable by a hooking and locking structure between the claws 27 and 28; Fig. 6: 27, 28)
but does not teach
when a cartridge is positioned within the housing and the housing is in a closed state, the cartridge applies an opening force on the housing.
Nakamura already teaches wherein the container is capable of exerting a force on the cartridge, which in turn would exert a force back on the container (pg. 4 last par.: The lower case 24 is integrally provided with four support ribs 35 on which the outer bag 13 of the chemical volatilization bag 11 is placed… A receiving portion 37 that supports the inner bag body 12 of the drug volatilization bag 11 to which an external force is applied by the pressing portion 29 via the outer bag body 13 is integrally provided at the central portion of the lower case 24. The receiving portion 37 has a support surface 38 that is inclined so as to face the pressing portion 29 that has been pushed in, and the medicine volatilization bag 11. The receiving portion 37 has a double structure of the inner circular rib 39 and the outer circular rib 40, and the support surface 38 is at the upper end portion of the inner circular rib 39 and the cross-shaped rib 41 and the outer circular rib 40 located inside thereof). However, Nakamura does not teach wherein the mere closing of the container already compresses the cartridge such that the cartridge would exert an opening force against the closing of the container.
Gruenbacher teaches a similar volatile substance releasing device with a rupturable substrate attached to a reservoir (abstract: An apparatus for delivering a volatile material in a continuous manner is disclosed. The apparatus includes a delivery engine having a reservoir for containing a volatile material; a rupturable substrate secured to the reservoir; a rupture element positioned adjacent to the rupturable substrate; and a breathable membrane enclosing the reservoir, rupturable substrate and rupture element). Gruenbacher further teaches a notch that inherently presses against the substrate the moment it is enclosed in the housing (abstract: In some embodiments, the apparatus includes a housing having a notch for compressing the rupture element and breaching the rupturable substrate as it is inserted into the housing; Fig. 8: notch 270). This increases convenience by saving the user from having to manually activate the volatile substance delivery, as an optional embodiment (par. 64: The housing 200 may also include a notch 270, or a plurality of notches, to engage or compress the rupture element 130 as the delivery engine 100 is being received in the housing 200. In this way, a user is not required to manually activate the delivery engine 100 prior to its insertion into the housing 200. The notch 270 may be configured in any manner such that the delivery engine 100 can be inserted into the housing 200 with relative ease while the notch 270 compresses the rupture element 130 and breaches the rupturable substrate 120). Therefore, Gruenbacher provides the motivation to have a structure that readily compresses the cartridge upon enclosing the cartridge.
Kvietok provides a structure to perform this function since it has a similar two half structure with its lid and body, along with the same functional purpose (abstract: Articles, systems and methods for dispensing multiple volatile materials into the environment, including but not limited to scents; Fig. 2, 4-8). Specifically, Kvietok teaches wherein pressing the lid down on the cartridge compresses the cartridge against a spring (par. 86: The additional spring 136 is configured so that a force greater than the weight of the cartridge 22 is required to trigger, or activate the same. The additional spring 136 will only be pushed down and turned on when the lid 100 closes and presses down on the top of the cartridge 22. The spring nature of the interlock switch 132, along with the additional spring 136 may also act as an ejection mechanism to help aid in removal of the cartridge 22 from the device 20). This provides the additional advantage of providing for an ejection mechanism for removing the cartridge. Since the cartridge is being compressed, it would also exert a finite opening force against the lid.
Gruenbacher already provides motivation to have the cartridge readily compressed once the container is enclosed around the cartridge, for added convenience, and Kvietok provides an analogous structure to incorporate this function into the device of Nakamura.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nakamura to have its pressing member already compress the cartridge upon closing the container, optionally against a spring, as taught by Gruenbacher and Kvietok, in order to save the user from having to manually activate the scent delivery, increasing convenience, and to provide an ejection mechanism for the cartridge when the container is opened.
Regarding claim 5, Nakamura modified by Gruenbacher and Kvietok teaches the volatile composition dispenser according to claim 1, and teaches wherein when the locking structure is released the opening force causes the front frame and rear frame to move away from each other (see Gruenbacher and Kvietok modification in claim 4 rejection; the compressed cartridge would exert a finite opening force to cause the frames to move away from each other if it was compressed previously).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamura modified by Gruenbacher and Kvietok in view of Stucki (US 7597309 B1).
Regarding claim 6, Nakamura modified by Gruenbacher and Kvietok teaches the volatile composition dispenser according to claim 1, and teaches the locking structure is located at the second end (Fig. 6: 28, 27) but does not teach wherein:
the front and rear frames are pivotally connected at a first end and capable of moving away
from or toward each other at an opposing second end.
Stucki teaches a volatile substance dispenser (abstract: A volatile material dispensing device is provided, including a volatile material, a replaceable canister). Stucki teaches having a hinged cover with the hinge on one end and the lock on the other end to facilitate easy replacement of the volatile substance cartridge (C4L42-49: Hinge 16 is configured to allow lid 12 to be positioned in a closed position (as shown) or in an open position to allow access to the housing interior chamber 19 for insertion or removal of the inner replaceable canister 20 (FIG. 7-FIG. 9). Optionally, a lid fastener 14 is provided and is attached to the forward edge of lid 12. Lid fastener 14 is configured to lock, catch, latch, or secure lid 12 to an upper, forward area of housing side wall 18; Fig. 5). Nakamura also teaches a replaceable cartridge (pg. 6 par. 4: Moreover, when the chemical volatilization container 22 can be refilled, the replacement time of the chemical volatilization bag 11 can be recognized quickly and easily) so there is motivation to make this action more convenient.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nakamura modified by Gruenbacher and Kvietok to have its two halves connected by a hinge on one end, and a lock on the other end, as taught by Stucki, in order to facilitate more convenient replacement of the volatile substance cartridge.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamura in view of Stucki.
Regarding claim 14, Nakamura teaches the volatile composition dispenser according to claim 1, but does not teach wherein the front frame and the rear frame are connected at the first end and are capable of pivotally moving away from or toward each other at the opposing second end for opening and closing the housing;
wherein the one or more rib elements extend tangentially along the pivotal movement direction of the front and rear frames; wherein the front frame and the rear frame are connected at the first end through a hinge structure, which comprises a knuckle element located on either of the front and rear frames and a pin element located on the other of the front and rear frames; wherein the knuckle element or the pin element is molded as an integral part of the front or rear frame.
Stucki teaches a volatile substance dispenser (abstract: A volatile material dispensing device is provided, including a volatile material, a replaceable canister). Stucki teaches having a hinged cover with the hinge on one end and the lock on the other end to facilitate easy replacement of the volatile substance cartridge (C4L42-49: Hinge 16 is configured to allow lid 12 to be positioned in a closed position (as shown) or in an open position to allow access to the housing interior chamber 19 for insertion or removal of the inner replaceable canister 20 (FIG. 7-FIG. 9). Optionally, a lid fastener 14 is provided and is attached to the forward edge of lid 12. Lid fastener 14 is configured to lock, catch, latch, or secure lid 12 to an upper, forward area of housing side wall 18; Fig. 5; NOTE: the hinge 16 forms a knuckle element, and the lock, catch, or latch reads on a pin element). Nakamura also teaches a replaceable cartridge (pg. 6 par. 4: Moreover, when the chemical volatilization container 22 can be refilled, the replacement time of the chemical volatilization bag 11 can be recognized quickly and easily) so there is motivation to make this action more convenient.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nakamura modified by Gruenbacher and Kvietok to have its two halves connected by a hinge comprising a knuckle element on one end, and a lock, catch, or latch on the other end, as taught by Stucki, in order to facilitate more convenient replacement of the volatile substance cartridge.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamura
Regarding claim 18, Nakamura teaches the volatile composition dispenser according to claim 1, and teaches wherein the one or more rib elements are located near a periphery of the rear frame (Fig. 9: 40; NOTE: absent a recitation of how near the periphery of the rear frame the rib elements are, the location of the rib 40 would read on near the periphery since it is not at the exact center of the lower case0; but does not teach wherein the one or more rib elements comprise a first rib element closer to the first end of the housing and a second rib element closer to the second opposing end of the housing.
However, a simple bifurcation of the circular rib 40 into two halves with a gap between them would read on this limitation. This would be a mere change in shape.
In the absence of any teaching to the contrary, the shape of the circular rib 40 does not affect operation so long as it is still capable of compressing and breaking the inner bag body. Absent a showing of significance or unexpected results, the shape of the rib 40 is prima facie obviousness and do not modify the operation of the invention and further, does not add patentable significance. MPEP 2144.04.B: In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant). Accordingly, the claimed dimensions and shapes are considered to be not patentably distinct from the disclosed device of Nakamura. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the circular rib 40 of Nakamura to be split along an axis between the first and second opposing ends, with a gap between the two portions of the rib and/or otherwise distribute that structure elsewhere that would compress the inner bag body, with a reasonable expectation that the rib would still be equally capable of compressing inner bag body and cause it to break.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANGRU CHEN whose telephone number is (571)272-1201. The examiner can normally be reached Monday-Friday 7:30-5:30.
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/C.C./Examiner, Art Unit 1796
/KEVIN JOYNER/Primary Examiner, Art Unit 1799
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