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.
Claim(s) 1, 4-6, 11, 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harris (US 8170405) in view of Blackley (US 20160361452A1).
Harris discloses in reference to claim:
1. (Previously Presented) A method comprising:
presenting for display on a user device 130 , a graphical user interface depicting user- configurable scent settings associated with a scent dispensing device, the user configurable scent settings including one or more of a schedule start setting, a schedule end setting, and a scent intensity setting;
receiving an input from the user device, the input reflecting a change in the user- configurable scent settings; and controlling an emission of a scent solution from the scent dispensing device based on the change in the user-configurable scent settings via a scent management application.
FIG. 1 also illustrates wireless remote control 130 that can be used with the present invention in order to remotely control the device {read as receiving an input from the user device representing a change in the user settings}. A wired remote control can also be used. This feature allows the present invention to be mounted in remote places, such as in a ceiling or air conditioner closet, yet allow a user to have a more convenient location for a controller. For example, if the present invention is mounted onto an air conditioner duct, a dual-purpose remote control can program and control both the air conditioner and the liquid dispensing air freshener. The remote control 130 can be equipped with a digital display for easy programming and for device status.
(54) Another object of the present invention is to use an electronic, programmable controller that has the ability to control all aspects of the liquid dispenser for high performance operation.
The dispenser can be programmed to use "rate of vaporization" {read as scent intensity} data that is downloaded from the cartridge together with the liquid dispenser's sensors that measure the ambient conditions to ensure that the liquid has time to vaporize before dispensing more liquid. For example, if the data from the cartridge describes a liquid that is highly concentrated and volatile, the liquid dispenser can then dispense a smaller amount of the liquid at one time. After a calculated time lapse, the controller can then dispense more liquid.
The liquid dispensing unit can be programmed to dispense liquid from any of the installed cartridges in any desired combination and interval. {read as controlling an emission of a scent solution from the scent dispensing device based on the change in the user-configurable scent settings via a scent management application}
The present invention employs a programmable electronic device that is designed to control all of the dispenser's various features and can allow a user to select from a wide variety of pre-programmed liquid dispensing sequences.
The controller can use a display system that can allow a user better interface with the controller and can provide output data concerning the operation and performance of the device.
Cartridges can be automatically selected so that the system can dispense a different scent for different time intervals {read as start and end times} or mix scents {read as scent percentages or intensities}.
Harris does not explicitly disclose newly added limitations of receiving registration data indicating that a scent dispensing device is positioned in a particular room, controlling an emission of a scent solution from the scent dispensing device based on the change in the user-configurable scent settings and the registration data indicating that the scent dispensing device is positioned in the particular room via a scent management application.
Specifically Blackley disclose:
An example of a control algorithm 1800 is illustrated by FIG. 18, for execution by a processor of an RVD as described herein, which includes independently controllable gas sensor array and GC/MS equipment. The algorithm 1800 may be triggered by activation of the device at 1802, for example when a user activates a power-on switch or control. At 1804, the processor may obtain a set of test or measurement parameters, based on locally stored and/or remotely obtained data 1806, including for example (optionally) a room or area identifier, a geographic location (e.g., as determined from GPS coordinates), a user identifier, past use records including measurement location, measurement data, and materials used, and any relevant criteria. For example, the processor may select and allocate use and measurement parameters specific for a specified desired room air treatment. Additionally, at least one of vaporizable or non-vaporizable elements may be allocated to the location by an allocating and localizing component based upon the results of a sensor data analysis. The sensor data analysis is for sensing and determining the room or area identifier for allocation of specific air treatment.
Blackley can be said to disclose a room scenting device and method including a control algorithm including the steps of determining a room where the scent dispensing device is positioned, storing the room as analytic data and updating the analytic data to include the room [read as -- receiving registration data indicating that a scent dispensing device is positioned in a particular room ]and control data [ read as-- controlling an emission of a scent solution from the scent dispensing device based on the change in the user-configurable scent settings and the registration data ] and displaying the room data [read as-- indicating that the scent dispensing device is positioned in the particular room via a scent management application] .
Although Harris does not explicitly disclose the graphical display that the first and second scent are being dispensed such a display would have been obvious to one of skill in the art since Harris discloses providing display of data concerning the operation and performance of the device. As a user of the device may wish to know which of the scents are being dispensed simultaneously such that pleasant blends of scents can be remembered for future use. Further it would have been obvious to one of skill in the art to modify the Harris device with the teachings and reasoning of Blackley such that the method includes receiving registration data indicating that a scent dispensing device is positioned in a particular room, controlling an emission of a scent solution from the scent dispensing device based on the change in the user-configurable scent settings and the registration data indicating that the scent dispensing device is positioned in the particular room via a scent management application.
4. (Previously Presented) The method of claim 1, wherein the scent intensity setting includes an intensity value from a range of intensity values.
Cartridges can be automatically selected so that the system can dispense a different scent for different time intervals {read as start and end times} or mix scents {read as scent percentages or intensities}. Note that the scent intensity is inherently limited to a range of 0-100%
5. (Previously Presented) The method of claim 4, wherein the intensity value is one of a low intensity value, a medium intensity value, or a high intensity value. Note that all intensity values from 0-100% can be characterized as falling within one of low, medium, or high.
6. (Previously Presented) The method of claim 1, wherein receiving the input from the user device further comprises, receiving a selection of a user-selectable graphical user interface presented on a display of the user device, the user-selectable graphical user interface representing a button for a user to interact with. See remote 130
11. (Previously Presented) A method comprising:
presenting for display on a user device, a graphical user interface depicting user- configurable scent settings associated with a scent dispensing device, the user configurable scent settings including one or more of a schedule timeframe and a scent intensity setting; receiving an input from the user device, the input reflecting a change in the user- configurable scent settings; and controlling an emission of a scent solution from the scent dispensing device based on the change in the user-configurable scent settings via a scent management application. See claim 1 mutatis mutandis
14. (Previously Presented) The method of claim 11, wherein the scent intensity setting includes an intensity value from a range of intensity values. . See claim 4 mutatis mutandis
15. (Previously Presented) The method of claim 14, wherein the intensity value is one of a low intensity value, a medium intensity value, or a high intensity value. . See claim 5 mutatis mutandis
16. (Previously Presented) The method of claim 11, wherein receiving the input from the user device further comprises, receiving a selection of a user-selectable graphical user interface presented on a display of the user device, the user-selectable graphical user interface representing a button for a user to interact with. See remote 130
Claim(s) 2, 3, 7, 12, 13, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harris (US 8170405) in view of Blackley (US 20160361452A1) and further in view of Bushman et al. (US 8385730) and Brookins (US 10799839).
Harris in view of Blackley discloses the claimed invention as suggested above except in reference to claim:
2. (Previously Presented) The method of claim 1, wherein the schedule start setting includes a specific start date and a specific start time that represent when the scent dispensing device should begin the emission of the scent solution.
3. (Previously Presented) The method of claim 1, wherein the schedule end setting includes a specific end date and a specific end time that represent when the scent dispensing device should begin the emission of the scent solution.
7. (Previously Presented) The method of claim 6, wherein responsive to the user interacting with the button represented by the user-selectable graphical user interface, a menu of the user-configurable scent settings is displayed that the user can select from to change the user- configurable scent settings.
12. (Previously Presented) The method of claim 11, wherein the schedule timeframe includes a specific start date and a specific start time that represent when the scent dispensing device should begin the emission of the scent solution.
13. (Previously Presented) The method of claim 11, wherein the schedule timeframe includes a specific end date and a specific end time that represent when the scent dispensing device should begin the emission of the scent solution.
17. (Previously Presented) The method of claim 16, wherein responsive to the user interacting with the button represented by the user-selectable graphical user interface, a menu of the user-configurable scent settings is displayed that the user can select from to change the user- configurable scent settings.
Bushman discloses a scent dispensing method and device including a display configured to show a program menu allowing the user preset operational commands. Bushman further discloses the use of calendar, and further allowing for programmable features, such as time delay, day/night activity, scent conservation by detecting motion or heat of users in the vicinity, among other features. For example, the control unit 3 may contain a clock/timer, so that the user may program the operation of the air freshener to specific time periods.
Brookins discloses an aerosol generation device and method including a Programmable remote-control transceiver 160 has a wireless technology standard programmable radio frequency remote controller allowing a smart device application to program actuation days on a 7-day calendar, select the times of actuations per day, and the duration of those actuations in 15 second intervals of up to 2 minutes. The wireless technology standard programmable radio frequency remote controller communicates to transceiver/controller enclosure 60 at the time of actuation by transmitting one pulse per 15 seconds of requested runtime.
It would have been an obvious improvement to the Harris device to include the teachings of both Bushman and Brookins such that the user has increased ability to customize the method and use of the device taught by Harris such that the method of Harris includes the schedule start/end setting includes a specific start/end date and a specific start/end time that represent when the scent dispensing device should begin the emission of the scent solution, and further wherein the user is presented with
a menu of the user-configurable scent settings is displayed that the user can select from to change the user- configurable scent settings.
18. (Previously Presented) The method of claim 11, wherein the user configurable scent settings include a room designation for the scent dispensing device. See Blackley
19. (Previously Presented) The method of claim 18, wherein the room designation identifies a particular room in a location that the scent dispensing device is currently installed. See Blackley
20. (Previously Presented) The method of claim 19, wherein controlling the emission of the scent solution from the scent dispensing device based on the change further comprises determining the particular room has changed. See Blackley
Blackley discloses a diffusing apparatus and method wherein the user configured control algorithm includes a room designation for the scent dispensing device.
The algorithm 1800 may be triggered by activation of the device at 1802, for example when a user activates a power-on switch or control. At 1804, the processor may obtain a set of test or measurement parameters, based on locally stored and/or remotely obtained data 1806, including for example (optionally) a room or area identifier, a geographic location (e.g., as determined from GPS coordinates), a user identifier, past use records including measurement location, measurement data, and materials used, and any relevant criteria. For example, the processor may select and allocate use and measurement parameters specific for a specified desired room air treatment. Additionally, at least one of vaporizable or non-vaporizable elements may be allocated to the location by an allocating and localizing component based upon the results of a sensor data analysis. The sensor data analysis is for sensing and determining the room or area identifier for allocation of specific air treatment. Although Harris does not explicitly disclose the graphical display that the first and second scent are being dispensed and the room data such a display would have been obvious to one of skill in the art since Harris discloses providing display of data concerning the operation and performance of the device. As a user of the device may wish to know which of the scents are being dispensed simultaneously such that pleasant blends of scents can be remembered for future use specific to a desired room.
It would have been obvious to one of skill in the art to modify the Harris device and method as discussed above with reference to Bushman and Brookins and further to include the functionality, as taught by Blackley, of controlling the emission of the scent solution from the scent dispensing device based on the designation of a specific room or determining through user input or sensing the particular room has changed as further expanding of the user customization of the device and method of using the device.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7, 11-20 have been considered but are moot because the new ground of rejection does not rely on any reference strictly as applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant argues that specifically, the cited portions of Blackley at page 9 of the Office Action recite "the processor may obtain a set of test or measurement parameters, based on locally stored and/or remotely obtained data 1806, including for example (optionally) a room or area identifier." The cited portions of Blackley further describe that "the processor may select and allocate use and measurement parameters specific for a desired room air treatment." Applicant argues that while the cited portions of Blackley allow for a "room air treatment" that may include a parameter of a "room or area identifier", the cited portions of Blackley are not receiving registration data indicating that a scent dispensing device is positioned in a particular room; controlling of emission scent an a solution from the scent dispensing device based on the change in the user-configurable settings and the registration data indicating that the scent dispensing device is positioned in the particular room," as recited by amended claim 1. It is noted that the Blackley discloses the processor may select and allocate use and measurement parameters specific for a specified desired room air treatment—{a “specified room air treatment” would be understood by the artisan to include controlling of emission scent an a solution from the scent dispensing device based on the change in the user-configurable settings and the registration data indicating that the scent dispensing device is positioned in the particular room.} Blackley teaches additionally, at least one of vaporizable or non-vaporizable elements may be allocated to the location {read as registering to a particular room} by an allocating and localizing component based upon the results of a sensor data analysis. The sensor data analysis is for sensing and determining the room or area identifier for allocation of specific air treatment. From the above, it is evident that Blackley discloses a control means for a scent dispenser including receiving registration data indicating that a scent dispensing device is positioned in a particular room, controlling an emission of a scent solution from the scent dispensing device based on the change in the user-configurable scent settings and the registration data indicating that the scent dispensing device is positioned in the particular room via a scent management application.
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.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
tsc