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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 68 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 68, “said coordination” in line 2 lacks antecedent basis. For the purposes of examination, claim 68 is interpreted to depend on claim 67.
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 62-65 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pai (US 5167877 A).
Regarding claim 62, Pai teaches A liquid diffusing device (abstract: Compressed air from the pump is alternatively delivered to the perfume dispensers while the rotary table is caused to rotate, causing the perfume dispensers to give off different pleasant smells) comprising:
at least two cartridge receiving portions, each of the at least two cartridge receiving portions is configured for removably receiving a cartridge configured to contain a liquid to be diffused (C3L34-38: The perfume dispensers 6 are respectively mounted on the stepped cap 5 by inserting the stub rods 61 thereof into the round holes 511 on the lower step 51 of the stepped cap 5; NOTE: the cartridges are not positively recited and thus do not need to be read upon so long as the prior art device is capable of receiving a cartridge; the perfume dispensers of Pai would be capable of containing a liquid to be diffused),
and having a respective pressurized air inlet associated therewith and configured to be in fluid communication with a cartridge inlet when the cartridge is positioned in the cartridge receiving portion (Fig. 4: round hole 71);
a pumping mechanism configured to generate pressurized air (Fig. 4: pump 2:);
a selection mechanism configured to selectively establish a fluid communication between the pumping mechanism and the pressurized air inlet of one of the cartridge receiving portions for the pumping mechanism to pump the pressurized air into the respective cartridge for diffusing the liquid contained therein and generating an aerosol flow (C3L66-C4L1: When the push rod 33 is moved forward, the bevel block 331 on the push rod 33 will push either bevel block 81 on the rotary table 8 causing the rotary table 8 to rotate; C4L19-25: When the push rod 33 is moved forward, the bevel block 331 on the push rod 33 will push either bevel block 81 on the rotary table 8 causing the rotary table 8 to rotate); and
a controller configured for controlling the operation of the selection mechanism to select the cartridge receiving portions to establish the fluid communication between the selected cartridge receiving portion with the pumping mechanism (C3L63-C4L1: Further, the controller E is controlled to trigger the electromagnet 31 at a fixed time, causing the push rod 33 to displace along the curved I-track 34. When the push rod 33 is moved forward, the bevel block 331 on the push rod 33 will push either bevel block 81 on the rotary table 8 causing the rotary table 8 to rotate).
Regarding claim 63, Pai teaches the liquid diffusing device of claim 62, as set forth above, and teaches wherein the pumping mechanism comprises a pump outlet (Fig. 4: outlet of pipe 28), and the selection mechanism is configured to selectively align the pressurized air inlet of said one of the cartridge receiving portions with said pump outlet to establish said fluid communication there between (C3L61-63: permitting the current of air A to pass through the conduit 267 and the air pipe 28 into the hollow, circular block 7).
Regarding claim 64, Pai teaches the liquid diffusing device of claim 62, as set forth above, and teaches wherein said at least two cartridge receiving portions constitute at least a part of a movable assembly, and said pumping mechanism constitutes at least a part of a stationary assembly (C3L66-C4L1: When the push rod 33 is moved forward, the bevel block 331 on the push rod 33 will push either bevel block 81 on the rotary table 8 causing the rotary table 8 to rotate; C4L19-25: When the push rod 33 is moved forward, the bevel block 331 on the push rod 33 will push either bevel block 81 on the rotary table 8 causing the rotary table 8 to rotate; NOTE: pump 2 is not part of the rotary table so it does not rotate along with it).
Regarding claim 65, Pai teaches the liquid diffusing device of claim 64, as set forth above, and teaches wherein said selection mechanism is configured to move the movable assembly with respect to the stationary assembly (C3L66-C4L1: When the push rod 33 is moved forward, the bevel block 331 on the push rod 33 will push either bevel block 81 on the rotary table 8 causing the rotary table 8 to rotate; C4L19-25: When the push rod 33 is moved forward, the bevel block 331 on the push rod 33 will push either bevel block 81 on the rotary table 8 causing the rotary table 8 to rotate; NOTE: pump 2 is not part of the rotary table so it does not rotate along with it).
Claim 79 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Juving-Brunet (US 20200276353 A1).
Regarding claim 79, Juving-Brunet teaches A liquid diffusing device comprising:
at least one cartridge receiving portion configured for removably receiving a cartridge configured to contain a liquid to be diffused (abstract: the device comprising a holder for receiving a cartridge comprising at least one capsule containing a liquid substance to be diffused, such as a perfumed or fragrant liquid);
a pumping mechanism configured to generate pressurized air, and to be in fluid communication with the cartridge for pumping the pressurized air into the cartridge for diffusing the liquid contained therein and generating an aerosol flow (par. 31: the actuator comprises a cylinder designed to axially actuate the capsule in the form of a tube/spray-pump assembly which, under the compression of the micro-cylinder, nebulizes the substance contained therein);
a blower configured to generate a blown air in a blowing direction, said blown air being configured to direct said aerosol flow in the blowing direction away from the liquid diffusing device (par. 35: Advantageously, the diffusion device comprises a pair of air extraction fans designed to create a zone of air depression in front of a user's face so as to create an individual perfuming zone and to avoid any secondary pollution and contiguous to a device located nearby); and
a controller configured to control the operation of the pumping mechanism and the blower in a predetermined coordinated manner (par. 90: The activation of the micro-cylinder by the integrated electronics is carried out during the sequencing process or after detection of an event or external sign through one of the interfaces of the device according to the following procedures; par. 67: These mechanical actions are synchronized by an autonomous on-board electronic interface or a remote connectable interface. It allows, in relation to a predefined programmed scenario, or by receiving any synchronization information from a software, application or connected intelligence).
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.
Claim 66 is rejected under 35 U.S.C. 103 as being unpatentable over Pai in view of Catlin (US 20210394589 A1).
Regarding claim 66, Pai teaches the liquid diffusing device of claim 64, as set forth above, but does not teach wherein said controller is configured to determine whether a cartridge receiving portion has a cartridge or not.
Catlin teaches a scent delivery device involving selecting multiple cartridges (abstract: The component may comprise a scent-dispensing apparatus comprising a module configured for at least one scent-dispensing cartridge (removable/replaceable) containing scent media. An actuator may be configured to operate the module in a bypass mode or for selection/actuation of a cartridge; par. 7: The actuator may comprise an arm configured to rotate to actuate the at least one scent-dispensing cartridge). Catlin teaches wherein the controller can determine the presence/absence of a cartridge in order to make sure the device is functioning properly (par. 133: As indicated schematically in FIGS. 27A-27B, the system may function according to a control program to facilitate operation and data display/interchange (e.g. indicated through or at the user interface and/or by the module) to present scent for the vehicle interior. The module may be activated and indicate presence/absence and/or type/compatibility of a cartridge (e.g. by detection of the tag/information at the data interface) and the state of operation of the system (e.g. by data flow/connectivity, detection, monitoring, etc.) such as whether any cartridge is depleted and/or in need of replacement (or not operational/functioning) and then may provide information/instructions to the occupant/user to take action such as replacement).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Pai to be capable of detecting the presence/absence of a cartridge, as taught by Catlin, in order to make sure the device is functioning properly.
Claims 67-69 are rejected under 35 U.S.C. 103 as being unpatentable over Pai in view of Laudamiel-Pellet (US 20060196100 A1).
Regarding claim 67, Pai teaches the liquid diffusing device of claim 62, as set forth above, but does not teach wherein said controller is configured to control the operation of the pumping mechanism in coordination with that of the selection mechanism because it does not explicitly teach wherein its controller controls the pump.
Laudamial-Pellet teaches a similar perfume dispersal device utilizing rotating cartridges (abstract: A system and methods for dispensing multiple scents into the environment, and for providing scent-containing articles of manufacture are disclosed; Fig. 7; par. 62: the multiple scent-containing component is a circular rotatable disk 46). Laudamial-Pellet teaches wherein the controller controls bot the rotation of the scent cartridges and the device for producing the airflow to carry the scents such that scents are delivered according to a desired schedule (par. 139: The device 20 will first unlock the rotatable disk 46 inside the cartridge 22 and then will rotate the internal rotatable disk 46 in the cartridge 22 to expose the first pocket 44A containing scent gels. The heating element 132 below the pocket 44A will energize and accelerate the emission of perfume. The fan 134 will then be started, forcing air through a duct 120 and past the exposed pocket 44A containing gels 42. This air will then enter the room and diffuse the scent quickly throughout the environment. After a pre-determined interval, the fan 134 and heating will be stopped and the disk 46 will be rotated to expose the next scent pocket 44. The fan 134 and heater 132 will then restart and emit the next scent. Pauses or breaks in the emission process can be programmed into the device 20 to ensure that it does not emit an excessive amount of perfume into the room; par. 125: The scent emission program preferably provides for user input on the scent intensity and duration; NOTE: the program must necessarily be stored on a controller). This provides an advantage over the device of Pai, which does not teach programmed scent delivery so that scents can be delivered in a desired amount at a desired time.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Pai to be capable of controlling both the pump and rotation mechanism such that a scent is delivered for a pre-determined time,
the airflow delivery mechanism (in this case, the pump) is stopped when that time is up,
the disk is subsequently rotated to deliver the next scent, and the pump is started again to emit the next scent,
as taught by Laudamiel-Pellet, in order to deliver scents according to a desired schedule, which is more convenient for the user.
Regarding claim 68, Pai modified by Laudamiel-Pellet teaches the liquid diffusing device of claim 62, as set forth above, and teaches wherein the controller is configured to provide said coordination by switching off the pumping mechanism prior to said selection mechanism terminating the fluid communication between said at least one of the cartridge receiving portions and the pumping mechanism (see Laudamiel-Pellet modification in claim 67 rejection).
Regarding claim 69, Pai modified by Laudamiel-Pellet teaches the liquid diffusing device of claim 62, as set forth above, and teaches wherein the controller is configured for controlling the operation of the pumping mechanism according to a predetermined pattern (see Laudamiel-Pellete modification in claim 67 rejection).
Claims 70-73 and 76-77 are rejected under 35 U.S.C. 103 as being unpatentable over Pai in view of Juving-Brunet and Tuominen (WO 2018091766 A1).
Regarding claim 70, Pai teaches the liquid diffusing device of claim 62, as set forth above, but does not teach further comprising a blower configured to generate a blown air directed towards a blowing direction.
Juving-Brunet teaches a scent delivery device involving rotating cartridges (abstract: A device for the synchronized, smart and connected diffusion of perfuming volatile substances in the air, such as multiple fragrances and perfumes… a control module comprising motor control means to rotate the holder and diffusion control means comprising an actuator designed to act upon the capsules). Juving-Brunet teaches additional fans besides the pump it uses to deliver the scents, in order to direct the scents and intensify them in a desired area (par. 81: The housings are designed to receive capsules 17, advantageously made of glass or polymer or metal material and composed of an independent spray-pump; par. 110: Furthermore, and according to a preferred version of the present disclosure, the device comprises a pair of air extraction fans 22. This has the advantage of increasing the effectiveness of the device by creating a depression in front of the user's face). Therefore, Juving-Brunet provides motivation to add fans onto the device of Pai.
Tuominen teaches a scent dispersal device involving multiple cartridges (abstract: The invention relates to a scent diffuser device (100) for emitting a desired scent composition. The scent diffuser device comprises: a center unit (102), and a plurality of cartridges). Figure. 5 shows a structural involving circumferentially placed cartridges that dispense scents through a central outlet, similar to the device of Pai, albeit, upside-down. Tuominen teaches a fan 506 which air from the cartridges in a certain direction, wherein a chamber is provided having inlets for the air from the cartridges and air from the blower, wherein the air mixes, and having an outlet for releasing the air in said certain direction (Fig. 5: fan 506, 116, scent outlet 122). The blower is in fluid communication with a central air conduit supplying air from the outside (Fig. 5: conduit bounded by 106a and 106b). A controller controls both the rotation mechanism and the airflow device for pumping the scent out of the cartridges as well as the blower fan(pg. 13 lines 5-11: In other words the control unit 110 is arranged to receive at least one control signal indicating at least one of the plurality of cartridges 104 to which the air is to be supplied and in response to the received control signal the control unit 110 is arranged to control at least the operation of the stepper motor 502 in order to rotate the blower 202 to the position of said at least one cartridge 104 and to control the operation of the blower to supply air into said at least one cartridge 104 to form the desired scent composition as described above; pg. 19 lines 31-35: The controlling may be achieved by arranging the processor 1002 to execute at least some portion of computer program code 1005a-1005n stored in the memory 1004 causing the processor 1002, and thus the control unit 1 10, to control the air supply unit 108, the fan 506 and/or the valve as described).
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 Pai to have chamber having a fan configured to blow the perfume outward, an inlet for taking in the air from the fan, an inlet for taking in the perfume from the dispensers 6 through slots 83, and an outlet for dispersing the mixed air/perfume, wherein the controller is configured to control/coordinate the blower in addition to the rotation mechanism and pump, and wherein the blower is in fluid communication with a central conduit supplying air from the outside, as taught by Juving-Brunet and Tuominen, in order to direct and intensify the perfumes being dispersed.
Regarding claim 71, Pai modified by Juving-Brunet and Tuominen teaches the liquid diffusing device of claim 70, as set forth above, and teaches wherein the selection mechanism is configured to selectively align said one of the cartridge receiving portions with the blown air and thereby causing the aerosol flow to be directed by the blown air towards the blowing direction (see Juving-Brunet and Tuominen modification in claim 70 rejection, wherein the chamber with the blown air would be connected to slots 83, which are stationary but happen to align with whatever cartridge has been rotated into place).
Regarding claim 72, Pai modified by Juving-Brunet and Tuominen teaches the liquid diffusing device of claim 70, as set forth above, and teaches wherein said controller is configured to control the operation of the pumping mechanism in coordination with that of the selection mechanism; and wherein said controller is configured to control the operation of the blower in coordination with that of the pumping mechanism (see Juving-Brunet and Tuominen modification in claim 70 rejection).
Regarding claim 73, Pai modified by Juving-Brunet and Tuominen teaches the liquid diffusing device of claim 70, as set forth above, and teaches
further comprising a fluid combiner, said fluid combiner comprising:
a combiner body with a fluid channel;
a first combiner inlet formed in the combiner body, and configured to be in fluid communication with the blower to receive the blown air therefrom into the fluid channel;
a second combiner inlet formed in the combiner body, and configured to be in fluid communication with a cartridge outlet of a cartridge to receive the aerosol flow into the fluid channel; and
a combiner outlet in fluid communication with the fluid channel for discharging the aerosol flow having directed by the blown air in the blowing direction (see Juving-Brunet and Tuominen modification in claim 70 rejection).
Regarding claim 76, Pai modified by Juving-Brunet and Tuominen teaches the liquid diffusing device of claim 73, as set forth above, and teaches wherein said fluid combiner constitutes at least a part of a cover for the cartridge at least when the cartridge is received in the corresponding cartridge receiving portion (see Juving-Brunet and Tuominen modification in claim 70 rejection; in Tuominen, Fig. 5 shows that the chamber constituted a part of the lower cover of the device, and the chamber necessarily being connected to the slots 83 of Pai means that the chamber/fluid combiner would also form part of the outer cover for the cartridge).
Regarding claim 77, Pai modified by Juving-Brunet and Tuominen teaches the liquid diffusing device of claim 73, as set forth above, and teaches wherein said selection mechanism is configured to move the movable assembly with respect to the stationary assembly; wherein said selection mechanism comprises a motor configured to rotate the movable assembly about a rotational axis with respect to the stationary assembly (C3L63-C4L1: Further, the controller E is controlled to trigger the electromagnet 31 at a fixed time, causing the push rod 33 to displace along the curved I-track 34. When the push rod 33 is moved forward, the bevel block 331 on the push rod 33 will push either bevel block 81 on the rotary table 8 causing the rotary table 8 to rotate); wherein the liquid diffusing device comprises a central air conduit constituting a part of the stationary assembly; and wherein the central air conduit is in fluid communication with the blower and has a blown air outlet configured to discharge said blown air (see Juving-Brunet and Tuominen modification in claim 70 rejection, wherein air sucked into the device using the fan is still blown air and thus blown air is discharged from the conduit outlet through to the fan).
Claims 80-81 are rejected under 35 U.S.C. 103 as being unpatentable over Juving-Brunet.
Regarding claim 81, Juving-Brunet teaches the liquid diffusing device of claim 79, as set forth above, but does not teach wherein the controller is configured to provide said coordination by switching on the blower prior to switching on the pumping mechanism.
However, a mere change in proportion, even if it leads to better results, holds no patentable significance:
MPEP 2144.05.II.A: Smith v. Nichols, 88 U.S. 112, 118-19 (1874) (a change in form, proportions, or degree "will not sustain a patent"); In re Williams, 36 F.2d 436, 438 (CCPA 1929) ("It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions."
especially if it can be shown that the change in proportions can be done by one of ordinary skill in the art through routine optimization of a known result-effective variable (MPEP 2144.05.II.B: the presence of a known result-effective variable would be one, but not the only, motivation for a person of ordinary skill in the art to experiment to reach another workable product or process).
In this case, the timing of the actions performed by the scent diffusing device and in particular the use of the extraction fans are noted to be result effective variables that impact a user’s experience and can be customized for each user, such as reducing perfume saturation or pollution in the air (par. 111: As before, the air flow created carries the olfactory molecules contained in the chamber/collector that releases the olfactory molecules as close as possible to the nasal apparatus of the customer, collaborator or patient. This targeted micro-nebulization has, in addition to the advantages previously described, namely (i) the management of micro-nebulization, which allows a reduced volume of olfactory liquid to be calibrated with the effect of not saturating the human nasal apparatus, (ii) the micro-nebulization vector placed directly under the nasal apparatus, thus avoiding the effect of olfactory saturation of the atmosphere immediately surrounding the patient/customer/collaborator to help individualize the olfactory experience, and (iii) this non-saturation of the nasal apparatus opens up the possibility of multiple actions over a time slot of variable duration, diminishing or repelling the saturation effect of the human nasal apparatus, the advantage being that the device is equipped with an autonomous apparatus for evacuating polluted/perfumed air by controlling a pair of extraction fans from its processor).
Thus, in order to release the fragrances as close as possible to a user, it would be desirable to optimize the timing of the use of the extraction fans to precede the release of fragrances via the pump, in order to prevent the fragrances from spreading to begin with.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Juving-Brunet to turn on the extraction fans prior to activating the pump, with a reasonable expectation that doing so would reduce the spread of the fragrance to a broader area outside of the user and maximize the amount of fragrance reaching the user.
Regarding claim 81, Juving-Brunet teaches the liquid diffusing device of claim 79, as set forth above, but does not teach wherein the controller is configured to provide said coordination by switching off the pumping mechanism prior to switching off the blower.
However, a mere change in proportion, even if it leads to better results, holds no patentable significance:
MPEP 2144.05.II.A: Smith v. Nichols, 88 U.S. 112, 118-19 (1874) (a change in form, proportions, or degree "will not sustain a patent"); In re Williams, 36 F.2d 436, 438 (CCPA 1929) ("It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions."
especially if it can be shown that the change in proportions can be done by one of ordinary skill in the art through routine optimization of a known result-effective variable (MPEP 2144.05.II.B: the presence of a known result-effective variable would be one, but not the only, motivation for a person of ordinary skill in the art to experiment to reach another workable product or process).
In this case, the timing of the actions performed by the scent diffusing device and in particular the use of the extraction fans are noted to be result effective variables that impact a user’s experience and can be customized for each user, such as reducing perfume saturation or pollution in the air (par. 111: As before, the air flow created carries the olfactory molecules contained in the chamber/collector that releases the olfactory molecules as close as possible to the nasal apparatus of the customer, collaborator or patient. This targeted micro-nebulization has, in addition to the advantages previously described, namely (i) the management of micro-nebulization, which allows a reduced volume of olfactory liquid to be calibrated with the effect of not saturating the human nasal apparatus, (ii) the micro-nebulization vector placed directly under the nasal apparatus, thus avoiding the effect of olfactory saturation of the atmosphere immediately surrounding the patient/customer/collaborator to help individualize the olfactory experience, and (iii) this non-saturation of the nasal apparatus opens up the possibility of multiple actions over a time slot of variable duration, diminishing or repelling the saturation effect of the human nasal apparatus, the advantage being that the device is equipped with an autonomous apparatus for evacuating polluted/perfumed air by controlling a pair of extraction fans from its processor).
Thus, in order to release the fragrances as close as possible to a user, minimize the spread of fragrances to the surrounding area, and/or to eliminate pollution, it would be desirable to optimize the timing of the use of the extraction fans to be turned off only after the deactivation of the pump.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Juving-Brunet to turn off the extraction fans after deactivating the pump, with a reasonable expectation that doing so would reduce the spread of the fragrance to a broader area outside of the user, maximize the amount of fragrance reaching the user, and/or reduce pollution.
Allowable Subject Matter
Claims 74-75, and 78 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.
Regarding claim 74, Pai modified by Juving-Brunet and Tuominen teaches the liquid diffusing device of claim 73, as set forth above, but does not teach wherein the fluid channel comprises a channel internal surface facing an interior of the fluid channel and having a first surface portion extending between the first combiner inlet and the second combiner inlet, and a second surface portion extending between the combiner outlet and the second combiner inlet, wherein said first and second surface portions are sloped down into the second combiner inlet.
While it would have been obvious to modify Pai to have a combiner body as recited in claim 73, it would not then be obvious to modify the modified structure to have this specific tapered shape, in the context of the specificity of the structures already claimed.
Regarding claim 75, Pai modified by Juving-Brunet and Tuominen teaches the liquid diffusing device of claim 73, as set forth above, but does not teach wherein the fluid combiner is associated with at least one of the cartridge receiving portions, wherein the selection mechanism is configured to align said first combiner inlet with the blown air simultaneously with establishing the fluid communication between the pumping mechanism and said one of the cartridge receiving portions.
This would require the fluid combiner to also be rotatable by the rotation mechanism, have the blower be rotatable, or have the blower be upstream of the cartridge, none of which Tuominen teaches. Furthermore, this would produce a fairly specific structure in the context of the structures already claimed.
Regarding claim 78, Pai modified by Juving-Brunet and Tuominen teaches the liquid diffusing device of claim 73, as set forth above, but does not teach wherein the liquid diffusing device comprises at least two fluid combiners, each associated with one the cartridge receiving portions, wherein the selection mechanism is configured to align said first combiner inlet of one of the fluid combiners with the blown air outlet simultaneously with establishing the fluid communication between the pumping mechanism and corresponding one of the cartridge receiving portions.
Tuominen does not teach individual fluid combiners for each cartridge. Furthermore, there would be no reason to waste more materials and have a fluid combiner for each cartridge.
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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