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 .
Response to Amendment
Applicant’s amendment, filed 9 July 2026, is acknowledged. Claims 1 and 16 are amended. Claims 1-30 are pending in the instant application. Claims 12-15 and 24-30 were previously withdrawn from consideration.
Response to Arguments
Examiner would like to note up front that claim 1 recites a method comprising the steps of executing a treatment schedule by a scent-delivery device and controlling the scent-delivery device to provide breaks. The amended limitation does not further limit the steps of the method, as the identification of the scents is not a recited step. Examiner suggests looking to include a step where the scent is identified, similar to claims 5 and 6, and then the steps of executing the treatment schedule with the identified scent. The same approach can be applied to claim 16. Examiner is open to a telephone interview to clarify options for advancing prosecution of the application.
Applicant’s arguments, filed 9 July 2026, with respect to the 35 USC 103 rejection(s) of claims 1-4, 7-11, 16-18 and 21-23, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Leon (US20190314601A1) and Kwon (KR20220011241A), and further in view of Cohen (US20190387796A1).
With respect to the arguments, Applicant argues that neither Leon, Kwon nor Cohen teaches or suggests identifying scents based upon historical information regarding the user for inclusion within the user's profile, but claims 1 and 16 do not recite the step of identifying scents based upon historical information, but merely that scents have been identified. Cohen teaches modifying a treatment program, specifically a treatment program provided by a vaporizer, wherein the user is present with questions to include “the user's age, height, weight, ethnicity, location,… user behavior,… eating habits, exercise habits,… personality type,… flavor preferences, and/or the like.” (Paragraph [0111]). Cohen further discloses, “The app may create a user profile based on the user's inputs and/or answers to the questions. Based on the user profile and/or user inputs, the app may generate the first program for the user.” Wherein the program is the treatment program. If the treatment program includes the presentation, it would have been obvious to modify the scents of the treatment program to align with the answers to presented questions of Cohen, in light of Kwon who previously taught the use of familiar scents. A POSITA would look to the treatment modification of Cohen to include familiar scents as identified by the questions of Cohen in the treatment method.
Specification
The disclosure is objected to because of the following informalities: Page 16, Paragraph [0087] includes the line “***Uncle Ed: Please draft some claims to put in the claims bank in the spec for the concept above.***” which appears to be an error.
Appropriate correction is required.
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.
Claim(s) 1-11 and 16-23 are rejected under 35 U.S.C. 103 as being unpatentable over Leon (US20190314601A1) of Kwon (KR20220011241A), and further in view of Cohen (US20190387796A1).
Regarding claim 1, Leon discloses a method of improving cognitive function of a user (Claim 1) comprising executing, by a control board of a scent-delivery device (Paragraph [0131]), a treatment schedule (Paragraph [0134]) including a plurality of intervals separated by breaks (Paragraph [0109]) such that the device delivers one or more of a plurality of scents during each interval (Claim 1), and controlling, by the control board, at least one motor of the scent-delivery device (Paragraph [0131]) according to the treatment schedule such that the device stops the delivery of the one or more of the plurality of scents during each break (Paragraphs [0109], [0131], Claim 1), the plurality of scents comprising at least one scent identified in a profile of said user (Paragraph [0020]), wherein the profile comprises identifiers of scents (Paragraph [0020]), such that the at least one identified scent is familiar to the user from a past experience (Paragraph [0020], if the user graded the scent, it would be familiar from the first time they smelled it, “past experience”)).
Leon does not disclose the identified scents are associated with the user's prior life experiences such that the at least one identified scent is familiar to the user because of the user's prior life experiences. Kwon discloses a method of scent diffusion for improving a user’s sleep (Page 4). Kwon further discloses gathering data from the user and creating a scent diffusion condition information in a relational database, wherein the user has a profile and depending on the data received the method produces a specific scent (Page 4). Finally, Kwon discloses that as a user goes to sleep, the user will be provided an “old scent” which is interpretated as the user is familiar with the scent and has experienced it before or “the scent are associated with the user's prior life experiences such that the at least one identified scent is familiar to the user because of the user's prior life experiences” (Page 4) to relax the user during sleep. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by Leon, wherein the identified scents are associated with the user's prior life experiences such that the at least one identified scent is familiar to the user because of the user's prior life experiences as taught by Kwon, since such a modification would provide the predictable results of a method for improving a user’s quality of sleep, and thereby improving mental cognition.
Leon, as modified by Kwon, does not disclose that the identified scents are identified based on information regarding the user's history, the information regarding the user's history comprising one or more of the user's ethnicity, places where the user has lived, and activities in which the user has engaged. Cohen discloses a method of delivering a treatment program (Abstract), wherein the user is presented with a plurality of questions to include the user's age, height, weight, ethnicity, location, user behavior, eating habits, exercise habits, personality type, flavor preferences, and/or the like (Paragraph [0111]). Cohen further discloses the questions are used to create a user profile based on the user's inputs and/or answers to the questions and based on the user profile and/or user inputs, the app may generate the program for the user (Paragraph [0111]). As modified Leon teaches the identified scent is familiar to the user because of the user's prior life experiences, it would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by modified Leon, with the identified scents being identified based on information regarding the user's history, the information regarding the user's history comprising one or more of the user's ethnicity, places where the user has lived, and activities in which the user has engaged as taught by Cohen, since such a modification would provide the predictable results of tailoring the treatment program to the individual user (Cohen, Paragraph [0110]).
Regarding claim 2, Leon, as modified in claim 1, further discloses the one or more of the plurality delivered during consecutive intervals are sufficiently distinct from each other so as to be distinguishable by said user (Claim 1).
Regarding claim 3, Leon, as modified in claim 1, further discloses no scent is repeated more than once during the treatment schedule (Claim 1).
Regarding claim 4, Leon, as modified in claim 1, further discloses repeating the treatment schedule for a predetermined treatment length (Claim 1) to improve far transfer effects for the user (Paragraph [0010]).
Regarding claim 5, Leon, as modified in claims 1, does not disclose the step of creating the profile, wherein creation of the profile comprises receiving responses from the user; based on the received responses, identifying scents corresponding to the responses; and including, in the profile, information specifying the identified scents. Kwon discloses creation of the profile (“scent diffusion condition information” Page 4), wherein creation of the profile comprises receiving responses from the user (“bio-signals” Page 4); based on the received responses, identifying scents corresponding to the responses (“Relational database”, “The scent diffusing control information management unit 150 may match a scent diffusing condition process based on the scent diffusing condition information stored in the storage unit 140 , and may store and manage scent diffusing control information corresponding to the scent diffusing condition process. The scent diffusing condition process may be classified based on the scent diffusing condition information.” Page 4); and including, in the profile, information specifying the identified scents (“Also, the scent diffusing control information may include scent diffusing information optimized to reduce body fatigue and stabilize mind and emotions according to the environmental information and the bio-signals.” Page 4). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by Leon, with creating the profile, wherein creation of the profile comprises receiving responses from the user; based on the received responses, identifying scents corresponding to the responses; and including, in the profile, information specifying the identified scents as taught by Kwon, since such a modification would provide the predictable results of a user customized scent therapy that would improve the therapy’s effect.
Modified Leon did not explicitly disclose the step of posing questions to the user, the questions relating to one or more of the ethnicity of the user, locations where the user has lived previously, and activities in which the user has been previously engaged. Cohen discloses vaporizer therapy methods for cessation of nicotine addiction (Abstract) wherein the therapy is determined based on user inputs to include previous substance use, ethnicity and location, user behavior, and other habits (Paragraph [0111]). This allows the method to customize treatment method in order of improve the outcome of the therapy (Paragraph [0116]). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by modified Leon, with posing questions to the user, the questions relating to one or more of the ethnicity of the user, locations where the user has lived previously, and activities in which the user has been previously engaged as part of the profile creation as taught by Cohen, since such a modification would provide the predictable results of a user customized scent therapy that would be tailored to the individual user (Cohen, Paragraph [0110]).
Regarding claim 6, Leon, as modified in claim 5, discloses accessing one or more databases that relate identifiers of scents to potential responses to the posed questions (Kwon, “relational databases” Page 4) and reading any identifiers of scents that correspond to the received responses (Kwon, “Relational database”, “The scent diffusing control information management unit 150 may match a scent diffusing condition process based on the scent diffusing condition information stored in the storage unit 140, and may store and manage scent diffusing control information corresponding to the scent diffusing condition process. The scent diffusing condition process may be classified based on the scent diffusing condition information.” Page 4).
Regarding claim 7, Leon, as modified in claim 1, further discloses establishing the treatment schedule including the plurality of intervals separated by breaks comprises scheduling at least three intervals separated by breaks (Claim 3).
Regarding claim 8, Leon, as modified in claim 1, further discloses inputting the treatment schedule into a scent-delivery device comprises wirelessly connecting the device to a handheld (Claim 4).
Regarding claim 9, Leon, as modified in claim 1, further discloses establishing a treatment schedule comprises basing an initiation of the treatment schedule on an activity signifying that a user is going to bed (Claim 6).
Regarding claim 10, Leon, as modified in claim 9, further discloses said activity comprises communicatively coupling a handheld device to the scent-delivery device (Claim 7).
Regarding claim 11, Leon, as modified in claim 1, further discloses said activity comprises wirelessly coupling a biometric sensor to the hand-held device, providing data that indicates the user has begun a sleep cycle (Claim 8).
Regarding claim 16, Leon discloses a method of improving cognitive function of a user (Claim 15) comprising: providing a plurality of scents categorized into scent families (Claim 15), each family including scent sub-groups (Claim 15), according to a fragrance wheel arranged such that adjacent sub-groups have similarities (Claim 15), the plurality of scents comprising at least one scent identified in a profile of said user (Paragraph [0020]) where the at least one identified scent is familiar to the user (Paragraph [0020]), and executing, by a control board of a scent-delivery device (Paragraph [0131]), a treatment schedule (Paragraph [0134]) including exposure of the user to a plurality of intervals separated by breaks (Claim 15), wherein the control board controls at least one motor of the scent-delivery device (Paragraphs [0109], [0131]) such that a scent is administered to the user during an interval and no scent is administered during a break (Claim 15), wherein scents delivered during consecutive intervals are sufficiently distinct from each other so as to be distinguishable by said user (Claim 15).
Leon does not disclose the identified scents are associated with the user's prior life experiences such that the at least one identified scent is familiar to the user because of the user's prior life experiences. Kwon discloses a method of scent diffusion for improving a user’s sleep (Page 4). Kwon further discloses gathering data from the user and creating a scent diffusion condition information in a relational database, wherein the user has a profile and depending on the data received the method produces a specific scent (Page 4). Finally, Kwon discloses that as a user goes to sleep, the user will be provided an “old scent” which is interpretated as the user is familiar with the scent having experienced it before or “the scent are associated with the user's prior life experiences such that the at least one identified scent is familiar to the user because of the user's prior life experiences” (Page 4) to relax the user during sleep. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by Leon, wherein the identified scents are associated with the user's prior life experiences such that the at least one identified scent is familiar to the user because of the user's prior life experiences as taught by Kwon, since such a modification would provide the predictable results of a method for improving a user’s quality of sleep, and thereby improving mental cognition.
Leon, as modified by Kwon, does not disclose that the identified scents are identified based on information regarding the user's history, the information regarding the user's history comprising one or more of the user's ethnicity, places where the user has lived, and activities in which the user has engaged. Cohen discloses a method of delivering a treatment program (Abstract), wherein the user is presented with a plurality of questions to include the user's age, height, weight, ethnicity, location, user behavior, eating habits, exercise habits, personality type, flavor preferences, and/or the like (Paragraph [0111]). Cohen further discloses the questions are used to create a user profile based on the user's inputs and/or answers to the questions and based on the user profile and/or user inputs, the app may generate the program for the user (Paragraph [0111]). As modified Leon teaches the identified scent is familiar to the user because of the user's prior life experiences, it would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by modified Leon, with the identified scents being identified based on information regarding the user's history, the information regarding the user's history comprising one or more of the user's ethnicity, places where the user has lived, and activities in which the user has engaged as taught by Cohen, since such a modification would provide the predictable results of tailoring the treatment program to the individual user (Cohen, Paragraph [0110]).
Regarding claim 17, Leon, as modified in claim 16, further discloses no scent is repeated more than once during the treatment schedule (Claim 15).
Regarding claim 18, Leon, as modified in claim 16, further discloses repeating the treatment schedule each day for a predetermined treatment length (Claim 15) to improve far transfer effects for the user (Paragraph [0010]).
Regarding claim 19, Leon, as modified in claims 16, does not disclose the step of creating the profile, wherein creation of the profile comprises receiving responses from the user; based on the received responses, identifying scents corresponding to the responses; and including, in the profile, information specifying the identified scents. Kwon discloses creation of the profile (“scent diffusion condition information” Page 4), wherein creation of the profile comprises receiving responses from the user (“bio-signals” Page 4); based on the received responses, identifying scents corresponding to the responses (“Relational database”, “The scent diffusing control information management unit 150 may match a scent diffusing condition process based on the scent diffusing condition information stored in the storage unit 140 , and may store and manage scent diffusing control information corresponding to the scent diffusing condition process. The scent diffusing condition process may be classified based on the scent diffusing condition information.” Page 4); and including, in the profile, information specifying the identified scents (“Also, the scent diffusing control information may include scent diffusing information optimized to reduce body fatigue and stabilize mind and emotions according to the environmental information and the bio-signals.” Page 4). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by Leon, with creation of the profile, wherein creation of the profile comprises receiving responses from the user; based on the received responses, identifying scents corresponding to the responses; and including, in the profile, information specifying the identified scents as taught by Kwon, since such a modification would provide the predictable results of a user customized scent therapy that would improve the therapy’s effect.
Modified Leon did not explicitly disclose the step of posing questions to the user, the questions relating to one or more of the ethnicity of the user, locations where the user has lived previously, and activities in which the user has been previously engaged. Cohen discloses vaporizer therapy methods for cessation of nicotine addiction (Abstract) wherein the therapy is determined based on user inputs to include previous substance use, ethnicity and location, user behavior, and other habits (Paragraph [0111]). This allows the method to customize treatment method in order of improve the outcome of the therapy (Paragraph [0116]). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by modified Leon, with posing questions to the user, the questions relating to one or more of the ethnicity of the user, locations where the user has lived previously, and activities in which the user has been previously engaged as part of the profile creation as taught by Cohen, since such a modification would provide the predictable results of a user customized scent therapy that would be tailored to the individual user (Cohen, Paragraph [0110]).
Regarding claim 20, Leon, as modified in claim 19, discloses accessing one or more databases that relate identifiers of scents to potential responses to the posed questions (Kwon, “relational databases” Page 4) and reading any identifiers of scents that correspond to the received responses (Kwon, “Relational database”, “The scent diffusing control information management unit 150 may match a scent diffusing condition process based on the scent diffusing condition information stored in the storage unit 140, and may store and manage scent diffusing control information corresponding to the scent diffusing condition process. The scent diffusing condition process may be classified based on the scent diffusing condition information.” Page 4).
Regarding claim 21, Leon, as modified in claim 16, further discloses administering the treatment schedule to the user comprises using a device that automatically emits said scents according to said schedule (Claim 16).
Regarding claim 22, Leon, as modified in claim 21, further discloses said using of the device comprises programming the device to begin the treatment schedule a predetermined amount of time after the user has gone to bed (Claim 20).
Regarding claim 23, Leon, as modified in claim 16, further discloses the scents are presented to the user according to the treatment schedule while the user is sleeping (Claim 17).
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 Marc D Honrath whose telephone number is (571)272-6219. The examiner can normally be reached M-F 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A Marmor II can be reached at (571) 272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791
/M.D.H./Examiner, Art Unit 3791
