DETAILED ACTION
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Xian CN 108184831A in view of Bedoukian 2015/0133406 A1.
In regards to Independent Claim 1, Xian teaches a portable mosquito repellent device (device as shown in figures 1-3 and described as mosquito-repellent in abstract), comprising a container (10) and a cover body (11), wherein an upper portion of the container is provided with an opening (opening of 10 shown in cross-section of figure 3), the cover body is configured to seal and cover the opening (11 seals opening of 10 as shown in figure 2 and described as sealed in abstract), the container contained a heating body (20) and repellent agent (40) in thermal contact with the heating body (40 within tablet 30 in physical contact with 20 as shown in figure 3), wherein the repellent agent is loaded onto a tablet (40 is on tablet 30 as shown in figure 1), the tablet is arranged on the heating body (30 is on top of 20 as shown in figure 3); a composition of the heating body includes reduced iron powder (40 to 70 percent reduced iron powder in heating body, paragraph [0013]), and a heating temperature of the heating body is 40°C-120°C (65-90 degrees Celsius, paragraph [0028]). However, Xian does not teach that the repellent agent includes picaridin. Bedoukian teaches using picaridin (abstract) as a mosquito repellent (paragraph [0028]). It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to replace the repellent agent of Xian with picaridin, as taught by Bedoukian, in order to provide a mosquito repellent that performs well when in contact with human skin (paragraph [0006]).
Regarding Dependent Claim 2, Xian in view of Bedoukian teaches the invention as claimed and discussed above. However, Xian in view of Bedoukian as applied to claim 1 above does not teach using an ester or amine as part of the repellent agent. Bedoukian further teaches using esters or amines as part of the repellent agent (paragraph [0029]). It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to use amines or esters with the repellent agent of Xian in view of Bedoukian, as taught by Bedoukian, because of the synergistic effects of the combination of chemicals with regards to repelling insects (paragraph [0029]).
Regarding Dependent Claim 5, Xian in view of Bedoukian teaches the invention as claimed and discussed above, and Xian further teaches the cover body (11) covers the opening at one time (11 shown covering 10 in figure 2) by hot pressing or thermoplastic means (11 can comprise polypropylene, such that the cover is covering by thermoplastic means, paragraph [0108]).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xian in view of Bedoukian as applied to claim 1 above, and further in view of Ressler 2022/0361485 A1.
Regarding Dependent Claim 3, Xian in view of Bedoukian teaches the invention as claimed and discussed above. However, Xian in view of Bedoukian does not teach using a porous polypropylene mesh in the container over the heating body and tablet. Ressler teaches using a polypropylene mesh (70, paragraph [0050]) over a repellent tablet (30) in a container (20). It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to use the polypropylene mesh of Ressler over the heating body and tablet of Xian in view of Bedoukian, in order to prevent inadvertent spillage of the contents of the repellent device while allowing volatized repellent to exit the device (paragraph [0049]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xian in view of Bedoukian as applied to claim 1 above, and further in view of Zhou CN 211153518 U.
Regarding Dependent Claim 4, Xian in view of Bedoukian teaches the invention as claimed and discussed above. However, Xian in view of Bedoukian does not teach three or more hooks on the outer periphery of the container. Zhou teaches using a mosquito repellent container (abstract and container extending from 1 to 6 in figure 1) with three hooks arranged uniformly about the periphery of the container (8 act as hooks that are uniformly around container at 6 as shown in figure 1, where the hooks 8 are structurally the same as the hooks 013 disclosed by applicant in figure 1 of the instant application). It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to modify the container of Xian in view of Bedoukian with the hooks of Zhou, in order to allow the mosquito repelling device to be conveniently hung from a location (paragraph [0027]).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Xian in view of Bedoukian as applied to claim 1 above, and further in view of Chen CN 111264552 A.
Regarding Dependent Claims 6 and 7, Xian in view of Bedoukian teaches the invention as claimed and discussed above. However, Xian in view of Bedoukian does not teach a preparation method for the heating body mixture including: dissolving the repellent agent in an anhydrous ethanol or acetone to prepare a repellent solution; adding beta-cyclodextrin powder to distilled water to prepare a saturated solution of beta-cyclodextrin; mixing the repellent solution with the saturated solution of 0-cyclodextrin and filter to obtain a filter cake; dispersing the filter cake into a powder-shaped inclusion complex of the beta-cyclodextrin and the repellent agent; and mixing the inclusion complex of the beta-cyclodextrin and the repellent agent with the heating body to form the heating body mixture. Chen teaches a preparation method for a heating body mixture (self-heating iron micro-battery, abstract) including: dissolving the repellent agent in an anhydrous ethanol or acetone to prepare a repellent solution (step (a) in paragraph [0081], anhydrous ethanol or acetone added to repellent); adding beta-cyclodextrin powder to distilled water to prepare a saturated solution of beta-cyclodextrin (step (b) in paragraph [0081]); mixing the repellent solution with the saturated solution of 0-cyclodextrin and filter to obtain a filter cake (step (c) in paragraph [0081]); dispersing the filter cake into a powder-shaped inclusion complex of the beta-cyclodextrin and the repellent agent (in step (c) of paragraph [0081]); and mixing the inclusion complex of the beta-cyclodextrin and the repellent agent with the heating body to form the heating body mixture (in step (c) of paragraph [0081]). It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to use the preparation method of Chen to form the heating body mixture of Xian in view of Bedoukian, in order to prepare the mosquito repellent device with a controlled heating of the repellent for desired heating time and efficiency (abstract). It is noted that the claims are drawn to a product by process, such that the exact process steps claimed need not be present in the combination of Xian with Bedoukian and Chen as long as the resultant product is the same.
Conclusion
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/STEVEN M SUTHERLAND/Primary Examiner, Art Unit 3752