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 regular application filed on 02/07/2025
Specification
The disclosure is objected to because of the following informalities: The disclosure is missing the cross-reference paragraph for the listed provisional cases. Appropriate correction is required.
Claim Objections
Claims 10-20 are objected to because of the following informalities: It is respectfully requested that preambles be added to the method claims. Appropriate correction is required.
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.
Claim 12 recites the limitation "scent setting" in line 1. There is insufficient antecedent basis for this limitation in the claim. It is respectfully requested that applicant add the word “the”.
Claims 19-20 are 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.
In claim 19, line 7, Applicant recites “one or more scent identities”. The examiner is unable to determine the metes and bounds of claim 19 since it is not clear if Applicant is referring to the scent identities in the scent dispensing device or not? It is respectfully requested that Applicant in line 7, add the term “in the scent dispensing device” after “one or more scent identities”. The same applies to line 8, after the term “with the one or more scents”.
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 (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 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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by IN et al. (US 2022/0202225 A1).
Regarding claims 1, 10, and 19; In et al. discloses a fragrance management system (Fig.1) and a method [0052-0053], comprising:
an interface (Fig.5:501) configured to receive a request to activate a scenting experience on a
scent dispensing device (Fig.5:271), the scenting experience including a scent setting,
a lighting setting, and an audio setting [0052-0053]; and
a controller (Fig.2:251 and [0044-0045 and 0052-0053] configured to:
determine a scent identity [0050-0053] based on the scent setting, the scent identity being associated with a scent contained in a scent container positioned within a fragrance management apparatus;
instructing [0050-0053] a separate lighting device to activate based on the lighting setting;
instructing [0050-0053] a separate audio device to activate based on the audio setting;
instructing [0050-0053] the fragrance management apparatus to output the scent from the scent container based on the scenting setting;
receive [0050-0053] a request to activate a scenting experience on a scent dispensing device, the scenting experience including a scent setting, a lighting setting, and an audio setting;
determine [0050-0053] a scent identity based on the scent setting, the scent identity being associated with a scent contained in a scent container positioned within a fragrance management apparatus;
instructing [0050-0053] a separate lighting device to activate based on the lighting setting;
instructing [0050-0053] a separate audio device to activate based on the audio setting; and
instructing [0050-0053] the fragrance management apparatus to output the scent from the scent container based on the scenting setting;
receiving [0050-0053] a request to configure a mood experience, the mood experience including a scent setting of one or more scents in a scent dispensing device and an audio setting [0056-0057];
determining [0050-0053] one or more scent identities of the one or more scents in the scent dispensing device;
generating an audio playlist [0050-0053] based on the one or more scent identities [0056-0057], the audio playlist pairing with the one or more scents to enhance a mood of a user during the mood experience;
causing the scent dispensing device [0050-0053] to emit a scenting experience using the one or more scents in the scent dispensing device; and
causing a sound device [0050-0053] to output the audio playlist [0056-0057] during the scenting experience.
Regarding claim 2, In et al. discloses that the separate audio device may be a mobile phone [0051] operating the interface.
Regarding claim 3, In et al. discloses that the scent settings include one or more of scent intensity, a scent duration, and a timer [0052].
Regarding claim 4, In et al. discloses that the light settings include one or more of a light color, a light intensity, and a light duration [0018].
Regarding claim 5, In et al. discloses that the light settings adjust a light [0020-0021 and 0051] within the fragrance management apparatus.
Regarding claim 6, In et al. discloses that the light settings adjust a light device [0020-0021 and 0051] separate from the fragrance management apparatus.
Regarding claim 7, In et al. discloses that the audio settings include an audio playlist [0019] of one or more tracks that the audio device outputs.
Regarding claim 8, In et al. discloses that the audio playlist [0019 and 0057] is generated based on the scent identity.
Regarding claim 9, In et al. discloses that the audio playlist [0019 and 0057] is curated by a third-party provider.
Regarding claim 11, In et al. discloses that the separate audio device may be a mobile phone
[0053] operating an interface that provided the request to activate the scenting experience.
Regarding claim 12, In et al. discloses that the scent settings include one or more of scent intensity, a scent duration, and a timer [0052].
Regarding claim 13, In et al. discloses that the light settings include one or more of a light color, a light intensity, and a light duration [0052].
Regarding claim 14, In et al. discloses that the light settings adjust a light within the fragrance
management apparatus [0050-0053].
Regarding claim 15, In et al. discloses that the light settings adjust a light device separate from the fragrance management apparatus [0050-0053].
Regarding claim 16, In et al. discloses that the audio settings include an audio playlist [0019 and 0057] of one or more tracks that the audio device outputs.
Regarding claim 17, In et al. discloses that the audio playlist [0019 and 0057] is generated based on the scent identity.
Regarding claim 18, In et al. discloses that the audio playlist [0019 and 0057] is curated by a third-party provider.
Regarding claim 20, In et al. discloses that the audio playlist [0019 and 0057] is generated in substantially real-time using artificial intelligence and based on the user, a desired mood, and the one or more scent identities.
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.
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, 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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