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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lima (US 20170119918 A1) in view of Helterline (US 6,264,301 B1).
Re Claim 1: Lima discloses a scent dispenser comprising:
a multi container holder comprising a first slot and a second slot (figs 2E-2G);
a first side of the first slot including a smart container sensor (p174: an RF tag);
a partition member (fig 2E: 244, 246) dividing the first slot and the second slot to position a scent container in a first slot to allow a smart container tag on the scent container to be read by the smart container sensor,
the smart container tag including first smart container data related to an identity of the scent container (p173: RF reader may detect the presence of a corresponding RF tag included on the vial 250. p174: the unique identifier may be transmitted via radio frequency responsive to an RF tag), and
a controller that receives the first smart container data read by the smart container sensor and updates a scent profile based on the data (fig 7A: 704-708, fig 1A: 160, 170-182).
However, Lima does not disclose that the smart container tag including second smart container data separate from; and a controller that receives the second smart container data.
Helterline however discloses that the smart container tag including second smart container data (col 5 ll 42: cartridge usage information) separate from the identity of the scent container; and a controller that receives the second smart container data.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate Helterline’s teaching in the apparatus of Lima for the purpose of tracking relevant data in addition to the identity of the scent container.
Re Claim 2: Lima modified by Helterline discloses the scent dispenser of claim 1.
However, Lima does not disclose that the smart container sensor comprises a plurality of electrical contacts and the smart container tag comprises a plurality of corresponding container contacts attached to a container circuit and wherein when the scent container is retained in the first slot the plurality of corresponding container contacts make an electrical connection with the plurality of electrical contacts of the smart container sensor in order to provide the identity of the scent container from the container circuit.
Second embodiment of Helterline however discloses that a smart container sensor comprises a plurality of electrical contacts and a smart container tag comprises a plurality of corresponding container contacts attached to a container circuit and wherein when a container is retained in a first slot the plurality of corresponding container contacts make an electrical connection with the plurality of electrical contacts of the smart container sensor in order to provide an identity of the container from the container circuit (col 4 In 27-35: Each of the plurality of electrical contacts 42 associated with the ink container receiving station 24 are electrically connected to the controller 26 by a plurality of electrical conductors 44. With proper insertion of the ink container 18 into the ink container receiving station 24, the memory 38 associated with the ink container 18 is electrically connected to the controller 26 allowing information to be transferred between the ink container 18 and the printer portion 12, col 5 In 41: identification number).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate the second embodiment of Helterline’s teaching in the apparatus of Lima for the purpose of reducing interference as wired interfaces are not susceptible to environmental interference, such as radio signals or other electronic devices, that can disrupt a wireless signal. The controlled, physical path ensures a more reliable and predictable performance.
Re Claim 3: Lima modified by Helterline discloses the scent dispenser of claim 1, wherein the identity of the scent container further identifies a scent solution within the scent container (p174: the unique identifier of the vial 250 … the unique identifier may be transmitted via radio frequency responsive to an RF tag being placed proximate to an RF reader. p70: the vial ID associated with that particular scent solution.).
Re Claim 4: Lima modified by Helterline discloses the scent dispenser claim 1, wherein the smart container tag stores smart container data and the smart container sensor can read the smart container data from the smart container tag or write smart container data to the smart container tag (p174: the unique identifier may be transmitted via radio frequency responsive to an RF tag. p162: The scent dispenser 132 may include an optical sensor to capture the detectable object 1302 and determine the identity of the vial 1300 based thereon.).
Re Claim 5: Lima modified by Helterline discloses the scent dispenser claim 4, wherein the second smart container data includes one or more of, a fill level of the scent container, a scent setting, and a previous usage data (Helterline: col 5 ll 42: cartridge usage information) of the scent container.
Re Claim 6: Lima modified by Helterline discloses the scent dispenser claim 5, wherein when the scent container is removed from the first slot, the smart container tag retains the smart container data (p162, p174, Examiner: as the smart container tag stores smart container data, when the scent container is removed from the first slot, the smart container tag would retain the smart container data.).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lima (US 20170119918 A1) modified by Helterline (US 6,264,301 B1) in view of Mehnert (US 11647854 B1).
Re Claim 7: Lima modified by Helterline discloses the scent dispenser of claim 1, wherein the smart container sensor includes a component configured to transmit and receive signals and the smart container tag includes a container component configured to transmit and receive signals, and wherein when the scent container is retained in the first slot the component of the smart container sensor receives the identity of the scent container stored in the first smart container data from the container component of the smart container tag (p174: the unique identifier may be transmitted via radio frequency responsive to an RF tag.).
However, Lima modified by Helterline does not disclose that the components are directional antennas.
Mehnert however discloses directional antennas (col 26 ln 27+: Non-limiting examples of suitable antennas may include directional antennas).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate Mehnert’s teaching in the apparatus of Lima modified by Helterline for the purpose of achieving higher gain and reduced signal interference.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lima (US 20170119918 A1) modified by Helterline (US 6,264,301 B1) and Mehnert (US 11647854 B1) in view of Pathak (US 11238246 B1).
Re Claim 8: Lima modified by Helterline and Mehnert discloses the scent container of claim 7, wherein the smart container tag on the scent container allows the directional antenna to read the identity of the scent container from the smart container tag, wherein the scent container positioned in the first slot.
However, Lima modified by Helterline and Mehnert does not disclose that the position of the tag on the container allows the antenna to read data from the tag, independent of how the container is rotated when positioned.
Pathak however discloses that the position of a tag on an object allows an antenna to read data from the tag, independent of how the object is rotated when positioned (fig 2c, abst: At least one of the three RFID devices located on the tool is readable by the RFID reader regardless of the radial orientation of the tool with respect to the RFID reader.).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate Pathak’s teaching in the apparatus of Lima modified by Helterline and Mehnert for the purpose of promoting user-friendliness as a user would not have to rotate the container to place the tag in a particular relative position with respect to the reader for the tag to be read.
Response to Arguments
Applicant’s arguments have been considered but are moot due to the new ground of rejection.
Lima discloses the smart container tag including first smart container data related to an identity of the scent container (p173: RF reader may detect the presence of a corresponding RF tag included on the vial 250. p174: the unique identifier may be transmitted via radio frequency responsive to an RF tag).
In addition, Helterline discloses that the smart container tag including second smart container data (col 5 ll 42: cartridge usage information) separate from the identity of the scent container.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TAE W KIM whose telephone number is (571)272-5971. The examiner can normally be reached M-F 9:30AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven S Paik can be reached at 5712722404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAE W KIM/Examiner, Art Unit 2876
/STEVEN S PAIK/Supervisory Patent Examiner, Art Unit 2876