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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 21 July 2025 has been considered by the Examiner.
Claim Objections
Claims 1, 18, and 21 are objected to because of the following informalities:
Regarding claims 1, 18, and 21, “…portion, the light portion emitting light;” appears to be incomplete.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-23 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.
Claims 1, 18, and 21 recites the limitation " the plurality of flickering light sources to provide light " in line 7. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 4 and 5, the limitation “…the repellant sensor is an imaging device and the repellant level information includes image information associated with an image of the repellant cartridge, wherein the image information is provided to the control circuit and processed…to provide the control signal to the indicator to provide the indication of the amount of insect repellant remaining in the repellant cartridge” is unclear. It is unclear how the repellant sensor is an imaging device. Turning to at least paragraphs [0051 and 0052] for clarification, it is believed that the sensor 110 is providing “image information” associated with the repellant level of the cartridge 28d, wherein the sensor information is being illustrated in an image that is shaped like the cartridge—much like the power level of a device being shown in a battery. Based on the remaining information in these two paragraphs and for the purposes of examination, the claim is understood as “associated with the repellant sensor, there is a display resembling the cartridge having a series of LEDs that are progressively illuminated upon refill and/or repellant levels as well as the reverse as the repellant levels lower”.
The remaining claims are rejected based at least on their dependency on claim 1.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 9-14, 17, and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chojnacki et al. (US 2023/0292729; hereinafter ‘Chojnacki’).
Regarding claim 1, Chojnacki discloses an insect repellant device comprising:
a repellant portion (at least 42, as seen in at least fig. 4A) including an insect repellant cartridge (at least 46; as seen in at least fig. 5A) and configured to disperse vaporized insect repellant around the insect repellant device (as disclosed in at least paragraphs [0055-0056]);
a light portion (at least 32; as seen in at least fig. 4A) mounted on the repellant portion (as disclosed in at least paragraphs [0073-0075]), the light portion emitting light;
a control circuit (in the hub, 40 or 70; as disclosed in at least paragraphs [0082-0088]; as seen in at least figs. 2 and 10A-10C) operably connected to the repellant portion and the light portion to control activation of the repellant portion to provide vaporized insect repellant and the plurality of flickering light sources to provide light;
a repellant sensor (not shown, but as disclosed at the end of paragraph [0058]) configured to provide repellant level information indicative of an amount of insect repellant remaining in the repellant cartridge (not shown, but as disclosed at the end of paragraph [0058]); and
an indicator (not shown) configured to provide an indication of the amount of insect repellant remaining in the repellant cartridge (as described at the end of paragraphs [0078 and 0088]).
Regarding claim 2, Chojnacki discloses the insect repellant device of claim 1, wherein the repellant portion (at least 42) comprises: a repellant housing (at least 19b; at least fig. 4D), wherein the insect repellant cartridge (42) is mounted in the repellant housing (19D; as seen in at least figs. 4A-4D); a heating element (26; as seen in at least fig. 6A) mounted in the repellant housing (as seen in at least fig. 4B); the insect repellant cartridge (42) including: a top portion (at least 50; as seen in at least fig. 5A) configured to be received in an opening formed in the repellant housing (as seen in at least fig. 4B); and a wick (24; at least figs. 4B and 5A) extending above the top portion and in contact with the insect repellant, wherein a top of the wick is positioned adjacent to the heating element, wherein the repellant sensor is positioned adjacent to the repellant cartridge.
Regarding claim 3, Chojnacki discloses the insect repellant device of claim 1, wherein the control circuit (of hub 40,70) includes a processor and a memory (not independently labelled, but as disclosed in at least paragraphs [0048 and 0083-0085]) operably connected to the processor, wherein the processor includes processor executable code that when executed by the processor, performs steps of receiving the repellant level information, determining the amount of insect repellant remaining in the insect repellant cartridge and generating a control signal sent to the indicator to provide the indication of the amount of insect repellant remaining in the repellant cartridge (one having ordinary skill in the art recognizes that the functions as described in at least paragraphs [0048 and 0083-0085] Chojnacki’s hub would have a processor and memory to perform the necessary actions described therein).
Regarding claim 9, Chojnacki discloses the insect repellant device of claim 2, wherein the repellant sensor comprises a timer (as disclosed in at least paragraph [0083]) that provides active time information associated with an amount of time that the heating element is active to vaporize insect repellant and the active time information is provided to the control circuit and processed to determine the amount of insect repellant remaining in the repellant cartridge (as disclosed in at least paragraph [0083]).
Regarding claim 10, Chojnacki discloses the insect repellant device of claim 3, wherein the repellant sensor comprises a timer (not individually labeled, but part of the hub 40, 70) that provides active time information associated with an amount of time that the heating element is active to vaporize insect repellant and the control circuit receives the active time information and processes it with evaporation information stored in the memory to determine the amount of insect repellant remaining in the repellant cartridge (as disclosed in at least paragraph [0083]).
Regarding claims 11 and 13, Chojnacki the insect repellant device of claim 1, wherein the repellant sensor is a temperature sensor (not shown, as part of the hub 40, 70) operable to provide temperature information associated with an area adjacent to the repellant cartridge, and the control circuit receives the temperature information and processes it to determine the amount of insect repellant remaining in the repellant cartridge (as disclosed in at least paragraphs [0060, 0086, and 0087]).
Regarding claims 12 and 14, Chojnacki discloses the insect repellant device of claim 11, wherein the control circuit (40, 70) processes the temperature information to determine whether the temperature information indicates a temperature above a minimum temperature associated with evaporation of the insect repellant (as disclosed in at least [0060, 0086, and 0087]).
Regarding claim 17, Chojnacki discloses the insect repellant device of claim 1, wherein the light portion (at least 32) includes at least one constant light source configured to provide light.
Regarding claim 18, Chojnacki discloses an insect repellant device comprising:
a stand (at least 60C; as seen in at least fig. 9D);
a post (60; as seen at least fig. 9D) extending upward from the stand (60C);
a repellant portion (at least 42, as seen in at least fig. 4A) mounted in a top of the post (60) and including an insect repellant cartridge (at least 46; as seen in at least fig. 5A) and configured to disperse vaporized insect repellant around the insect repellant device (as disclosed in at least paragraphs [0055-0056]);
a light portion (at least 32; as seen in at least fig. 4A) mounted on the repellant portion (as disclosed in at least paragraphs [0073-0075]), the light portion emitting light;
a control circuit (in the hub, 40 or 70; as disclosed in at least paragraphs [0082-0088]; as seen in at least figs. 2 and 10A-10C) operably connected to the repellant portion and the light portion to control activation of the repellant portion to provide vaporized insect repellant and the plurality of flickering light sources to provide light;
a repellant sensor (not shown, but as disclosed at the end of paragraph [0058]) configured to provide repellant level information indicative of an amount of insect repellant remaining in the repellant cartridge (not shown, but as disclosed at the end of paragraph [0058]); and
an indicator (not shown) configured to provide an indication of the amount of insect repellant remaining in the repellant cartridge (as described at the end of paragraphs [0078 and 0088]).
Claim Rejections - 35 USC § 103
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.
Claims 4-8, 15, 16, and 19-23 are rejected under 35 U.S.C. 103 as being unpatentable over Chojnacki.
Regarding claims 4-6, as best understood, discloses the claimed invention as indicated above. Chojnacki further teaches communicating the fluid level by using a plurality of lights (as disclosed in at least paragraph [0088]). However, Chojnacki does not specify a “battery” type shape of lights as understood per the 112 rejection above.
However, It would have been obvious to one having ordinary skill in the art before the effective filing date to make a level indicator for Chojnacki’s device such that the repellant sensor is an imaging device and the repellant level information includes image information associated with an image of the repellant cartridge, wherein the image information is provided to the control circuit and processed by the processor to provide the control signal to the indicator to provide the indication of the amount of insect repellant remaining in the repellant cartridge.
One would have been motivated to do so to clearly and undisputably understand the level of repellant in the system.
Similarly, regarding claims 7 and 8, as best understood and as modified above, Chojnacki discloses the claimed invention as indicated above. Chojnacki further teaches the lights illuminating in different colors (as taught in at least paragraphs [0073 and 0088]).
Chojnacki does not specifically teach using a different color lights.
It would have been obvious to one having ordinary skill in the art before the effective filing date to make Chojnacki’s indicator include a plurality of light elements and the control signal is received and used to activate one or more light elements to provide light of a desired color to indicate the amount of insect repellant remaining in the repellant cartridge.
One would have been motivated to provide an easier identification of fluid levels based on color alone.
Regarding claims 15, 16, 19, and 20, Chojnacki discloses the claimed invention as indicated above. Chojnacki further teaches that the plurality of LEDs can be controlled for decorative purposes including flashing or amber “chasing” lights (as disclosed in at least paragraph [0073]).
It would have been obvious to one having ordinary skill in the art before the effective filing date to make Chojnacki’s light portion includes a plurality of flickering light sources configured to simulate a flame, wherein the plurality of flickering light sources include: a first group of flickering light sources that are controlled by the control circuit to turn on and off together; and a second group of flickering light sources that are controlled by the control circuit to dim and brighten together, wherein the second group of flickering light sources are positioned below the first group of flickering light sources.
One having ordinary skill in the art would have been motivated to do so to achieve a desired lighting effect like a candle.
Regarding claim 21, Chojnacki discloses an insect repellant device comprises:
a repellant portion (at least 42, as seen in at least fig. 4A) including an insect repellant cartridge (at least 46; as seen in at least fig. 5A) and configured to disperse vaporized insect repellant around the insect repellant device (as disclosed in at least paragraphs [0055-0056]);
a light portion (at least 32; as seen in at least fig. 4A) mounted on the repellant portion (as disclosed in at least paragraphs [0073-0075]), the light portion emitting light;
a control circuit (in the hub, 40 or 70; as disclosed in at least paragraphs [0082-0088]; as seen in at least figs. 2 and 10A-10C) operably connected to the repellant portion and the light portion to control activation of the repellant portion to provide vaporized insect repellant and the plurality of flickering light sources to provide light;
a repellant sensor (not shown, but as disclosed at the end of paragraph [0058]) configured to provide repellant level information indicative of an amount of insect repellant remaining in the repellant cartridge (not shown, but as disclosed at the end of paragraph [0058]); and
an indicator (not shown) configured to provide an indication of the amount of insect repellant remaining in the repellant cartridge (as described at the end of paragraphs [0078 and 0088]).
Chojnacki further discloses multiple mounting means including a wall mount (as seen at least 9A); ground mount (as seen at least 9B); surface mount (as seen at least 9C); and elevated mount including a base and a post (as seen at least 9D). Chojnacki does not specifically a deck clip.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date to include a deck clip with a post extending upward from the deck clip as mounting means.
One would have been motivated to do so as doing so based on the mounting pieces disclosed by Chojnacki and one’s knowledge that Chojnacki teaches enough mounts to mount an insect repellant device to a deck.
Regarding claims 22 and 23, Chojnacki discloses the claimed invention as indicated above. Chojnacki further teaches that the plurality of LEDs can be controlled for decorative purposes including flashing or amber “chasing” lights (as disclosed in at least paragraph [0073]).
It would have been obvious to one having ordinary skill in the art before the effective filing date to make Chojnacki’s light portion includes a plurality of flickering light sources configured to simulate a flame, wherein the plurality of flickering light sources include: a first group of flickering light sources that are controlled by the control circuit to turn on and off together; and a second group of flickering light sources that are controlled by the control circuit to dim and brighten together, wherein the second group of flickering light sources are positioned below the first group of flickering light sources.
One having ordinary skill in the art would have been motivated to do so to achieve a desired lighting effect like a candle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as teaching similar insect repellant devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEAH S MACCHIAROLO whose telephone number is (571)272-2719. The examiner can normally be reached M-F approx 8:30am to 4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk (James) Lee can be reached at 571.272.7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LEAH MACCHIAROLO/Primary Examiner, Art Unit 2875