DETAILED ACTION
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
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, 2, 6-10, 14, and 16 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Kelsen (US 2018/0169288).
Regarding claim 1, the reference Kelsen discloses an aroma generator, comprising:
a cartridge holding unit (207) that comprises a cartridge (177,199) that holds a plurality of fragrances (201) (see paras. [0004]; [0052]; Fig. 22), wherein the cartridge (177,199) comprises a plurality of ventilation flow paths (189) that each hold a fragrance of the plurality of fragrances (201) (see para. [0053]; Fig. 23);
an air-blowing flow path (191) configured to communicate with one of the plurality of ventilation flow paths (189) to blow air through the cartridge (177,199) (see para. [0053; Fig. 23); and
circuitry (227) configured to select one type of fragrance from the plurality of fragrances (201) in the cartridge (177,199) based on sensing information, wherein the selection comprises switching of a ventilation flow path (189) of the plurality of ventilation flow paths (189) that communicates with the air-blowing flow path (191) (see paras. [0007]; [0056]-[0057]; Fig. 27).
Regarding claim 2, the reference Kelsen discloses the aroma generator, wherein the sensing information includes at least one of external environment information or biological information (see paras. [0008]; [0063]-[0068]).
Regarding claim 6, the reference Kelsen discloses that the aroma generator further comprises a display device configured to display information associated with at least one of the cartridge or the sensing information (see para. [0057]; [0063]).
Regarding claim 7, the reference Kelsen discloses the aroma generator, wherein the circuitry is further configured to wirelessly communicate with the display device (see paras. [0056]; [0069]).
Regarding claim 8, the reference Kelsen discloses the aroma generator, wherein the circuitry is further configured to select the one type of the fragrance in the cartridge based on a user operation (see para. [0070]; Fig. 28]).
Regarding claim 9, the reference Kelsen discloses the aroma generator, wherein the circuitry is further configured to receive the user operation using an application (see para. [0061]).
Regarding claim 10, the reference Kelsen discloses the aroma generator, wherein the aroma generator is attachable to a mobile object (see paras. [0004]; [0005]; [0061]).
Regarding claim 14, the reference Kelsen discloses the aroma generator, wherein the circuitry is further configured to: wirelessly communicate with an external network; and control an artificial intelligence (AI) model on the external network to perform machine learning (see para. [0006]; [0056]; [0069]).
Regarding claim 16, the reference Kelsen discloses an aroma generator, comprising:
a cartridge holding unit (207) that comprises a cartridge (177,199) that holds a plurality of fragrances (201) (see paras. [0004]; [0052]; Fig. 22), wherein the cartridge (177,199) comprises a plurality of ventilation flow paths (189) that each hold a fragrance of the plurality of fragrances (201) (see para. [0053]; Fig. 23);
a sensor (223) configured to obtain sensing information (see para. [0057]; Fig. 27]);
an air-blowing flow path (191) configured to communicate with one of the plurality of ventilation flow paths (189) to blow air through the cartridge (177,199) (see para. [0053; Fig. 23); and
circuitry (227) configured to select one type of fragrance from the plurality of fragrances (201) in the cartridge (177,199) based on sensing information, wherein the selection comprises switching of a ventilation flow path (189) of the plurality of ventilation flow paths (189) that communicates with the air-blowing flow path (191) (see paras. [0007]; [0056]-[0057]; Fig. 27).
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.
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 3-5, 11, 12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kelsen as applied to claims 1 and 10 above, and further in view of Mitsuhayashi (JP 11278048A).
Regarding claim 3, the reference Kelsen discloses that the aroma generator further comprises an air blower configured to blow the air in the cartridge through the air-blowing flow path (see paras. [0055]; [0056]). The reference Kelsen, however, does not specifically disclose wherein the circuitry is further configured to change a blowing intensity of the air blower based on the sensing information.
The reference Mitsuhayashi discloses an aroma generator (2) mounted within a vehicle (see Machine Translation, para. [0014]; Fig. 1), the aroma generator (2) comprising: a plurality of cartridges (15) holding various types of fragrances (see paras. [0019]-[0020]); a sensing unit (7-9) for providing sensing information including physical condition of the driver and external environmental information such as the temperature, humidity, amount of solar radiation, odor component outside the vehicle (see paras. [0004]; [0016]; Fig. 1); and a control unit (20) that automatically selects a type of fragrance released from the plurality of cartridges based on the sensing information obtained by the sensing unit (see paras. [0020]-[0022]). The reference Mitsuhayashi further teaches an air blower (14) for moving fragrance components from the plurality of cartridges (15) towards a scented air outlet (13) (see para. [0012]). The reference Mitsuhayashi further teaches that the control unit (20) can be configured to control the blowing intensity of the air blower based on the sensing information (see paras. [0012]; [0022]).
It would have obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, in view of the teachings of Mitsuhayashi, to similarly have the circuitry of Kelsen configured to change a blowing intensity of the air blower based on the sensing information, because, as taught by the reference Mitsuhayashi, such a modification advantageously allows to automatically select and supply the fragrance optimal in composition and amount in accordance with the sensed information (see para. [0034]; [0035]).
Regarding claim 4, the references Kelsen and Mitsuhayashi disclose the aroma generator, wherein the aroma generator comprises a plurality of air blowers including the air blower (see Kelsen: paras. [0004]; para. [0056]).
Regarding claim 5, the references Kelsen and Mitsuhayashi disclose the aroma generator, wherein the circuitry is further configured to control at least one of a blowing timing or a blowing time from the air blower (see Kelsen; paras. [0007]; [0063]).
Regarding claim 11, the references Kelsen and Mitsuhayashi disclose the aroma generator, wherein the mobile object includes a vehicle (see Kelsen: para. [0005]; Mitsuhayashi: para. [0004]).
Regarding claim 12, the references Kelsen and Mitsuhayashi disclose that the sensing information can be on the basis of information obtained from the vehicle’s navigation system such as the speed of the vehicle, current road condition, type of road such as a mountain road, a city street, a suburb road, or an expressway (see Mitsuhayashi: paras. [0015]; [0039]). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the sensing information include one of a speed, an acceleration level, or an angle with ground of the vehicle as claimed by applicant, since the reference Mitsuhayashi teaches that the aroma generator can be operably linked to vehicle’s navigation system to generate fragrance based on the basis of information obtained from the vehicle’s navigation system.
Regarding claim 15, the references Kelsen and Mitsuhayashi disclose the aroma generator wherein the circuitry is further configured to: concurrently receive a plurality of pieces of the sensing information (see Mitsuhayashi: para. [0041]); prioritize at least one piece of the sensing information among the plurality of pieces of the sensing information; and select the one type of the fragrance from the plurality of fragrances in the cartridge based on the prioritized at least one piece of the sensing information (see Mitsuhayashi: para. [0042]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kelsen as applied to claim 1 above, and further in view of Ur (US 2017/0098121).
Regarding claim 13, the Kelsen teaches that the aroma generator can be configured to fit into a very small foot print and utilized in conjunction with a mobile device that is carried by the user (see paras. [0004]; [0005]; [0061]). The reference Kelsen, however, does not specifically disclose wherein the aroma generator is attachable to one of clothing or a helmet. The reference Ur discloses an aroma generator (260; 400) which may be attached to a clothing or wearable item (see paras. [0053]), the aroma generator (260; 400) comprising: a cartridge holding unit comprising a plurality of cartridges (410, 420) holding various types of fragrances (see paras. [0009]; [0025]; [0061]-[0062]; Figs. 2-4); a sensing unit (220) that obtains sensing information from multiple external stimuli (see paras. [0041]); and a control unit (202) that automatically selects a type of fragrance released from the plurality of cartridges based on the sensing information obtained by the sensing unit (220) (see paras. [0046]; [0047]; [0053]; Figs. 2-4). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kelsen and Ur, and configured the aroma generator of Kelsen to be attachable to a clothing or wearable item as taught by Ur, and claimed by applicant, since the reference the Kelsen teaches that the aroma generator can suitably be configured to fit into a very small foot print and utilized on a person themselves (paras. [0004]; [0005]; [0061]).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,083,253. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-16 of U.S. Patent No. 12,083,253 disclose the aroma generator recited in the instant claims 1-16.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lessanework T Seifu whose telephone number is (571)270-3153. The examiner can normally be reached M-T 9:00 am - 6:30 pm; F 9:00 am - 1:00 pm.
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/LESSANEWORK SEIFU/Primary Examiner, Art Unit 1774