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
This is a first action on the merits for this continuation application filed on 11/04/2024
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 (i.e., changing from AIA to pre-AIA ) 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 1-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Manne (US 6,842,218 B1) in view of Wittek (US 5,963,302).
Regarding claim 1, Manne discloses a digitally controllable (col.3, lines 29-34) scent creation and delivery apparatus (Fig.1), comprising:
an array of containers (Fig.5:74), each container having (i) an inlet (the unlabeled right-side inlet and unlabeled left-side outlet for each scent reservoir 74 in the direction arrow 22 as shown in Fig.5) through which an input carrier gas flows in, a chamber, called a scent container (Fig.3:40) for holding a material containing an elementary or a base chemical producing a characteristic odor (Fig.2:46), called a scent ingredient, or an ingredient, and an outlet through which a mixture of the input gas and the scent ingredient flows out (the unlabeled left-side outlet for each scent reservoir 74 in the direction arrow 22 as shown in Fig.5);
a flow regulation mechanism (Fig.5:82) that controls gas flow through each container based on electromagnetic signals;
one or more blending chambers (Fig.3:42) coupled to the outlets (Fig.4:44) of the containers and having a delivery channel outlet (Fig.3:20), the blending chambers allowing individual outputs for the outlets of the containers to blend together homogeneously to generate a pre-determined scent (col.3, lines 29-38) and flow the pre-determined scent out through the delivery channel outlet;
a pressurization chamber (Fig.3:50) coupled to inlets (Fig.3:52) of the containers (Fig.3:46) and is capable of being configured to generate the input carrier gas flows (Fig.5:74).
Manne appears silent to disclose the use of a cooling element.
Wittek discloses a perfume diffusing device (Figures 4 and 5; col.1, lines 10-15) that includes cooling spirals (col.20, lines 58-61) in order to cool down to room temperature the heated blend of scents (col.20, lines 58-59). In addition, Wittek teaches placing the cooling spirals after the scents are mixed (equivalent to placing the cooling element adjacent to the pressurization chamber in Manne). 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 to add Wittek cooling spirals to Manne apparatus in order to cool down to room temperature the heated blend of scents prior to delivering the scents to a user.
Regarding claim 2, Mannes’ scent containers (Fig.3:46) are capable of holding a material containing two or more odor producing ingredients based on a scent composition.
Regarding claim 3, Manne teaches that the flow regulation mechanism (col.3, lines 29-38 and col.5, lines 1-9) controls the gas flow by one or more of a gas flow volume (col.5, lines 1-9), speed, or duration and/or a frequency of valve opening/closing electronic actuation current signal (col.5, lines 1-9) having a digital on-off frequency and/or selection and actuation of one or a number of scent containers in the array.
Regarding claim 4, The pressurization level in the pressurization chamber of Manne (Fig.3:50) is capable of controlling the gas flow (col.4, lines 1-7) by controlling gas flow volume and/or gas flow speed and/or gas flow duration and/or a gas flow event having a digital on-off frequency.
Regarding claim 5, Manne discloses that the pressurization level in the pressurization chamber (Fig.3:50) is controlled by an electric fan (col.3, lines 20-21), in a path between input and out of the device or combination thereof and is capable of producing a pressure differential driving flow (Fig.5:22) through containers (Fig.5:74) selected by the flow regulation mechanism.
Regarding claim 6, the flow regulation mechanism (Col.3, lines 29-37; Fig.5:22, 84, 82, 80, 78, and 74) in Manne is capable of controlling gas flow through each container to allow a specific percentage or concentration of the scent ingredient in carrier gas from each scent container (Fig.5:74) to be delivered to the blending chamber, thereby resulting in a pre-determined scent different from that held in any individual scent container in the array.
Regarding claim 7, Manne discloses that the flow regulation mechanism includes a bank of valves (Fig.5:80, 82, and 84) coupled to the inlets of containers (Fig.5:74 and 78) of the array, the valve being operable to control flow of the input gas into inlets of the valves based on the electromagnetic signals (col.5, lines 1-9).
Regarding claim 8, Manne discloses that valves in the bank of comprise: an actuator (Fig.2:34 and 32) switch operable to move between an open position and a closed position based on an applied electromagnetic signal (col.5, lines 1-9) to selectively allow passage of gaseous material via a transporting channel from an input of the valve to an output of the valve.
Regarding claim 10, Manne appears silent to disclose the use of a cooling element.
Wittek discloses a perfume diffusing device (Figures 4 and 5; col.1, lines 10-15) that includes cooling spirals (col.20, lines 58-61) in order to cool down to room temperature the heated blend of scents (col.20, lines 58-59). In addition, Wittek teaches placing the cooling spirals (deemed to include thermoelectric properties) after the scents are mixed (equivalent to placing the cooling element adjacent to the pressurization chamber in Manne) where the cooling spirals are capable of optimizing scented gas generation or is capable of modifying user perception of media transmitted to or played I devices. 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 to add Wittek cooling spirals to Manne apparatus in order to cool down to room temperature the heated blend of scents prior to delivering the scents to a user.
Allowable Subject Matter
Claim 9 is 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.
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for indicating allowance of claim 9 is the inclusion of magnetically latchable gating valve. The closest prior art found (Manne and Wittek), and upon additional searches, do not teach or fairly suggest providing a magnetically latchable gating valve to the recited structural limitations in claim 8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONZER R CHORBAJI whose telephone number is (571)272-1271. The examiner can normally be reached M-F 5:30-12:00 and 6:00-9:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jill J Warden can be reached at (571)272-1267. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONZER R CHORBAJI/Primary Examiner, Art Unit 1799
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