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 § 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.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yip (US 6950607) in view of Sipinski et al. (US 2006/0120080 A1) and Manougian et al. (US 7047983).
Yip discloses in reference to claim:
Yip discloses in reference to claim:
1. A scent dispensing device 110, comprising:
a body having a cavity formed in a front surface (represented by the side corresponding to the side of the cover with window 116a therein and shown as the shaded region in annotated Fig. 17 below) of the body, the cavity configured to house a plurality of vials 156; the cavity including a first side 124 and a second side 126 that extend beyond bottom surfaces of the plurality of vials wherein the plurality of vials are positioned within the cavity, a removable cover 116 configured to cover both the front surface of the body and the cavity formed in the front surface of the body when removably attached to the body, and reveal both the front surface of the body and the cavity formed in the front surface of the body when removably detached from the body; wherein the removable cover is retained in a vertical position (note the cover 116 is restrained from vertical movement when installed –as such can be said to be retained in a vertical position) to cover both the front surface of the body and the cavity formed in the front surface of the body when the removable cover is attached to the body and a vial retaining mechanism 174 housed within the body adjacent to a top side of the cavity, the vial retaining mechanism configured to removably receive and retain each of the vials of the plurality of vials vertically within the cavity when each of the vials of the plurality of vials is inserted into the vial retaining mechanism. Note each of the vials of the plurality of vials is retained by the vial retaining mechanism such that each of the vials of the plurality of vials are received in a cavity comprised by a first side of the cavity 124, a second side of the cavity 126, a top side of the cavity 244, a bottom side of the cavity 114a, and a back side of the cavity 138. Note that the vials 156 are positioned within the cavity formed by walls 124, 126, 138, 244 and 114a. Further note that an empty space ES is formed below the bottom surfaces of the vials and is used to assist in positioning the vials within the cavity. Movable wall 146 positioned within the empty space of the cavity formed by walls 124, 126, 138, 114a is used to assist in positioning the vials—as such the empty space below the vials is used to provide wall 146 and therefore assists in positioning the vials.
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Yip discloses a removable cover 116 but does not explicitly a magnetically removable cover wherein the one or more magnetic fasteners of the magnetically removable cover retain the magnetically removable cover in a vertical position to cover both the front surface of the body and the cavity formed in the front surface of the body when the magnetically removable cover is attached to the body.
The use of magnets to secure a cover or lid on a dispensing device is well known and common practice in the art as evidenced by Sipinski et al. Sipinski discloses a dispensing device 300 including a magnetically attached lid or cover 302a. The chassis cover 302a is preferably secured to the chassis base 302b, although such is not required. For example, as shown in FIG. 8A, the chassis cover 302a may be removably attached to the chassis base 302b such that access to, for example, the reservoir 326 and/or the batteries 318, may be gained for replacement purposes. When the chassis cover 302a is removably attachable to the chassis base 302b, a locking mechanism may be employed. For example, attractive magnets may be situated on the chassis cover 302a and the chassis base 302b, or the chassis cover 302a may include a feature that is designed for compatibility with a mating feature of the chassis base 302b. In this manner, only specific covers and bases can be used.
Further note that Sipinski discloses a cover having a similar construction to that of Yip, in that the removable cover (shaded light gray below) overlaps a [front] surface of the body (shaded dark gray below) and is restrained from vertical movement. One of skill in the art is known to have common sense, which may be used to glean suggestions from the prior art that go beyond the explicit teachings of the art. In this case the artisan could easily see the overlapping surfaces of Sipinski as well as Yip lend themselves well for the positioning of the disclosed magnetic elements.
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It would have been obvious to one of skill to modify the device of Yip to include the use of a cooperating magnetic elements in the cover and the base/body as taught by Sipinski in order to provide a cover removably attached to the body as a means to provide a secure attachment of the lid while maintaining a relatively easy access to that which is covered. Noting that the Yip device seems to be secured only by gravity, the use of a magnetic coupling means as taught by Sipinki would provide an improvement on the cover of Yip in terms of secure attachment.
2. The scent dispensing device of claim 1, wherein the magnetically removable cover includes one or more ports through which a scent can be dispensed. Yip discloses such a port at 18.
3. The scent dispensing device of claim 2, wherein the one or more ports are located on a top edge of the magnetically removable cover. Yip discloses such a port at 18.
4. The scent dispensing device of claim 1, wherein the magnetically removable cover includes one or more magnetic fasteners located on a back surface of the magnetically removable cover, the one or more magnetic fasteners being configured to magnetically couple with a corresponding magnetic fasteners on the body of the scent dispensing device to retain the magnetically removable cover to the body.
Note that Manougian teaches the use of magnets 54’ in the lid or cover and corresponding magnetic fasteners 56’ in the body of the dispenser. As such one of skill would have found it obvious to modify the Yip device such that the magnetically removable cover taught by Sipinski includes one or more magnetic fasteners located on a back surface of the magnetically removable cover, the one or more magnetic fasteners being configured to magnetically couple with a corresponding magnetic fasteners on the body of the scent dispensing device to retain the magnetically removable cover to the body.
5. The scent dispensing device of claim 4, wherein the one or more magnetic fasteners are located on an inside surface of the removable cover and engage with the corresponding magnetic fasteners of the body when the removable cover is positioned abuttingly with front surface of the body. See claim 4 mutatis mutandis
6. The scent dispensing device of claim 1, wherein the cavity is formed out of a lower portion of the body and the vial retaining mechanism 174 is positioned adjacently above cavity, such that when a vial 156 of the plurality if vials is retained within the vial retaining mechanism 174, the vial of the plurality of vials is hanging (clamped vertically) within the cavity.
7. The scent dispensing device of claim 6, wherein the vial retaining mechanism 174 includes a plurality of wick holes 66/68 that position wicks 54 of the plurality of vials within the wick holes.
8. The scent dispensing device of claim 7, wherein each of the wick holes 171 of the plurality of wick holes allows a wick 162 of a vial of the plurality of vials to pass through the wick hole and be positioned over a heating element 172 from a plurality of heating elements, such that as a heating element is operated, a scent is dispensed from the wick of the vial in response to the heating element being operated. See claim 7, mutatis mutandis
9. The scent dispensing device of claim 1, wherein the magnetically removable cover includes a flat front surface and edges that are rounded to cover one or more sides of the body when the cover is positioned to cover the cavity of the body when removably attached.
Note that the change in shape of a cover is within the design choice of the artisan as the artisan with the knowledge, creativity, and common sense that would be brought to bear when considering modifications as taught by Yip and Sipinski and Manougian.
10. (see the discussion regarding claim 1, mutatis mutandis) A scent dispensing device 110, comprising:
a body 120 having an inner surface including a concave surface 122 that forms a cavity configured to house a scent vial 156 containing a scent solution; the cavity including a first side 124 and a second side 126 that extend beyond bottom surfaces of the plurality of vials to form an empty space below the bottom surfaces of the plurality of vials and above a bottom side of the cavity, the empty space being used to assist in positioning one or more of the vials within the cavity, when the plurality of vials are positioned within the cavity;
a removable cover 116 configured to cover the inner surface and the cavity of the body when removably attached to the body, and reveal the inner surface and the cavity of the body when removably detached from the body; and a vial retaining mechanism 176 housed within the body adjacent to the cavity, the vial retaining mechanism configured to removably receive and retain the scent vial 156 containing the scent solution vertically within the cavity when the scent vial is inserted into the vial retaining mechanism. Note that the vials 156 are positioned within the cavity formed by walls 124, 126, 138, 244 and 114a. Further note that an empty space ES is formed below the bottom surfaces of the vials and is used to assist in positioning the vials within the cavity. Movable wall 146 positioned within the empty space of the cavity formed by walls 124, 126, 138, 114a is used to assist in positioning the vials—as such the empty space below the vials is used to provide wall 146 and therefore assists in positioning the vials.
11. The scent dispensing device of claim 10, wherein the removable cover 116 includes one or more ports 118 through which a scent can be dispensed from the scent vial containing the scent solution.
12. The scent dispensing device of claim 11, wherein the one or more ports 118 are located on a top edge of the removable cover.
15. The scent dispensing device of claim 10, wherein the cavity is formed out of a lower portion of the body 120 and the vial retaining mechanism 176 is positioned adjacently above cavity, such that when the scent vial is retained within the vial retaining mechanism, the scent vial is hanging within the cavity.
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16. The scent dispensing device of claim 15, wherein the vial retaining mechanism 176 includes a wick hole 171 that position a wick 162 of the scent vial 156 within the wick hole.
17. The scent dispensing device of claim 16, wherein the wick hole 171 that allows the wick of the scent vial to pass through the wick hole and be positioned over a heating element 172, such that as the heating element is operated, the scent solution is activated and a scent is dispensed from the wick of the scent vial.
13. The scent dispensing device of claim 1, wherein the removable cover includes one or more magnetic fasteners located on a back surface of the removable cover, the one or more magnetic fasteners being configured to magnetically couple with corresponding magnetic fasteners on the body to retain the removable cover to the body.
Note that Manougian teaches the use of magnets 54’ in the lid or cover and corresponding magnetic fasteners 56’ in the body of the dispenser. As such one of skill would have found it obvious to modify the Yip device such that the magnetically removable cover taught by Sipinski includes one or more magnetic fasteners located on a back surface of the magnetically removable cover, the one or more magnetic fasteners being configured to magnetically couple with a corresponding magnetic fasteners on the body of the scent dispensing device to retain the magnetically removable cover to the body.
14. The scent dispensing device of claim 13, wherein the one or more magnetic fasteners are located on an inside surface of the removable cover and engage with the corresponding magnetic fasteners of the body when the removable cover is positioned abuttingly with a front surface of the body. See claims 4-5 and 13, mutatis mutandis
18. The scent dispensing device of claim 10, wherein the removable cover includes a flat front surface and edges that are rounded to cover one or more sides of the body when the cover is positioned to cover the cavity of the body when removably attached.
Note that the change in shape of a cover is within the design choice of the artisan as the artisan with the knowledge, creativity, and common sense that would be brought to bear when considering modifications as taught by Yip and Sipinski and Manougian.
19. (see the discussion regarding claim 1, mutatis mutandis) A scent dispensing device 110, comprising:
a body 120 having a concave surface 164 (see annotated figure 18 below) forming a cavity configured to house a plurality of vials 156; the cavity including a first side 124 and a second side 126 that extend beyond bottom surfaces of the plurality of vials to form an empty space below the bottom surfaces of the plurality of vials and above a bottom side of the cavity, the empty space being used to assist in positioning one or more of the vials within the cavity when the plurality of vials are positioned within the cavity; a magnetically (taught by Sipinski as applied to claim 1, mutatis mutandis) removable cover 116 configured to cover the cavity of the body when removably attached to the body via one or more magnetic fasteners, and reveal the cavity of the body when removably detached from the body via the one or more magnetic fasteners; a vial retaining mechanism 222/174 housed within the body on a top side of the concave surface and adjacent to the cavity, the vial retaining mechanism configured to removably receive and retain each of the vials 156 of the plurality of vials within the cavity formed by a first side of the cavity 124, a second side of the cavity 126, a top side of the cavity 244, a bottom side of the cavity 114a, and a back side of the cavity 138 when each of the vials of the plurality of vials is inserted into the vial retaining mechanism; and
a controller 94 configured to receive one or more control data signal from a management server (internal software) to control the dispensing of a scent from one or more of the vials of the plurality of vials [Once scent dispenser 10 is plugged into an electrical socket, power is supplied to CPU 94 to start operation. CPU 94 is controlled by internal software to first activate heater assembly 58a for a predetermined period of time, for example, twelve hours..]
Note that the vials 156 are positioned within the cavity formed by walls 124, 126, 138, 244 and 114a. Further note that an empty space ES is formed below the bottom surfaces of the vials and is used to assist in positioning the vials within the cavity. Movable wall 146 positioned within the empty space of the cavity formed by walls 124, 126, 138, 114a is used to assist in positioning the vials—as such the empty space below the vials is used to provide wall 146 and therefore assists in positioning the vials.
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20. The scent dispensing device of claim 19, wherein the scent dispensing device 110 includes one or more heating elements 172 that operate based on the control data signal received from the management server (internal software) and cause one or more scents to be emitted from the one or more vials of the plurality of vials. [Once scent dispenser 10 is plugged into an electrical socket, power is supplied to CPU 94 to start operation. CPU 94 is controlled by internal software to first activate heater assembly 58a for a predetermined period of time, for example, twelve hours..]
Response to Arguments
Applicant's arguments filed 02/04/2026 have been fully considered but they are not persuasive. Applicant’s arguments are generally addressed in the amended rejection above. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.
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 THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached on 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
tsc
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