Ex Parte Conroy et al

Patent Trials and Appeals Board

Jan 17, 2019

14689664 - (D) (P.T.A.B. Jan. 17, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
14/689,664 04/17/2015
37462 7590 01/22/2019
LANDO & ANASTASI, LLP
ONE MAIN STREET, SUITE 1100
CAMBRIDGE, MA 02142
FIRST NAMED INVENTOR
Thomas A. Conroy
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
K2051-700112 8099
EXAMINER
HWU,DAVISD
ART UNIT PAPER NUMBER
3763
NOTIFICATION DATE DELIVERY MODE
01/22/2019 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
docketing@LALaw.com
CKent@LALaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte THOMAS A. CONROY, TODD H. BECKER, and
THOMAS G. SIEGEL
Appeal2018-003666
Application 14/689,664
Technology Center 3700
Before ANTON W. PETTING, CYNTHIA L. MURPHY, and
KENNETH G. SCHOPPER, Administrative Patent Judges.
MURPHY, Administrative Patent Judge.
DECISION ON APPEAL
The Appellants 1 appeal under 35 U.S.C. § 134 from the Examiner's
rejection of claims 1--42. We have jurisdiction over this appeal under
35 U.S.C. § 6(b).
We AFFIRM.
1 "The real party in interest is The Yankee Candle Company, Inc." (Appeal
Br. 3.)
Appeal2018-003666
Application 14/689,664
STATEMENT OF THE CASE
According to the Appellants, their invention "relates generally to
networked scent-diffusing devices and applications thereof." (Spec. ,r 4.)
Illustrative Claim
[ Claim 1] A method, comprising:
receiving, via the internet, at a computer remote from an
environment, at least one sensed scent parameter for the
environment from a scent sensor in the environment;
determining, at the computer remote from the
environment, an operational parameter of at least one scent
diffusion device within the environment for achieving a target
value of the scent parameter based on the sensed scent
parameter data; and
transmitting from the computer to the at least one scent
diffusion device in the environment, an instruction via the
internet to initiate diffusion of a scent therefrom to achieve the
target value of the scent parameter, wherein the instruction
includes at least one of setting and adjusting the determined
operation parameter of the at least one scent diffusion device.
Rejection
The Examiner rejects claims 1--42 under 35 U.S.C. § 103 as
unpatentable over Hasenoehrl. 2 (Non-Final Action 2.)
ANALYSIS
Claims 1, 13, 20, 25, 30, 35, and 40 are the independent claims on
appeal, with the rest of the claims on appeal depending therefrom. (See
Appeal Br., Claims App) These independent claims recite "methods"
concerning the operation of at least one scent-related "diffusion device."
(Id.) According to the Appellants, their methods "enabl[ e] effective,
2 US 2013/0081541 Al, published April 4, 2013. Our quotations to this
reference will omit bolding of drawing-related numerals.
2
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Application 14/689,664
centralized management of remotely deployed scent systems" using
"microprocessor-controlled and networked diffusion devices." (Spec. ,r 13.)
Some, but not all, of the independent claims require a computer to be
"remote'' from the "environment'' in which the scent diffusion device is
situated. (See Appea1 Br., Claims App,) 'I'he AppeHants do not point to, and
we do not see, fmma1 definitions in the Specification for the terms '"remote"
and "environment" The Specification does, however, implicate that an
"environmenf' can be considered a "room" in the context of the claimed
. t. - 'C' S ~~ '1' '") 6' '") 8 ,; 1 ,; 2 -, 8-40 1 l () l """l' 144 l ')-, mven 1011. (,)ee, e.g.,, pee. ,!
11
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161,163,167,176,178, etc.) 3
As such, in a multi-room building, a computer in one room would be
considered "remote'' :from a scent diffusion device in another room. Insofar
as the Appellants argue to the contrary (see, e.g., Appeal Br. 13, 15----16;
Reply Br. 6\ we are not persuaded by these arguments. That being said, we
agree with the Appellants' sentiment that, in the context of the claims on
appeal, a "remote computer'' would not be situated within the same
environment (e.g., the same room) as "the environment being scented'' (e.g.,
the room beimr scented) by a scent diffusion device. and certain] v would not
(.:.; / ... ;, <,/
be situated "in'' the scent diffusion device itself (Id at 8, 12.)
Turning now to the Examiner's obviousness rejection, it rests upon a
single prior art reference, namely Hasenoehrl. (See Non-Final Action 2-3.)
Hasenoehrl discloses a "Scent Emission Control Network (SECN)
architecture'' comprising "plural scent emitters 111." (Hasenoehrl ,r,r 19, 20.)
3 For example, the Specification states that the method may "include
determining the total number of scent diffusion devices to dispose in an
environment based on a room volume." (Spec. 4! 23, emphasis added.)
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Application 14/689,664
One disclosed implementation of Hasenoehrl' s SECN architecture is shown in
Figure 2, reproduced belmv.
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201b
'I'he above drawing shows a '"SECN implication consisting of plural rooms"
in a "home of office.'~ (Id ir 25.) A group of scent emitters 111 is installed in
4
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Application 14/689,664
a room 201 a and another group of scent emitters 111 is installed in a separate
room 201b. (See id) The room 201b is shown as physically apart from the
first room 20 la, and a combined configurator/ director 151 is located in the
room 201b. (See id.) Thus, the room 201b is '"remote" from the room 201a
and, likewise, the combined configurator/ director 151 is situated "remote'~
from the scent emitters 111 installed in the room 201 a.
In Hasenoehrl's SECN architecture, each scent emitter 111 includes its
own "controller 30 l" with a "microprocessor 40 l '' that operates the scent
emitter 111 "based on the behavior software modules 80 l that have been
loaded into it.'' (Hasenoehrl ,r,r 30, 36; see also Fig. 4.)
1\-Iore specifically, the operation of a scent emitter 111 involves the
emission of an "air freshening composition," and the behavior moduk 801
loaded into the controller 30 l "make[s] scent emission decisions'' to control
"scent emission" from the scent emitter 111, (S'ee Hasenoehrl ir 7 .) A scent
emitter 11 Land particularly its controller 301~ can "incorporate[] one or more
sensors 431"' for measuring "an odor or an odor 1eve1/' and "[t Jhese sensors
can be used for feedback control of freshness intensiti' (id. 138). The
behavior module 801 currently running in a controller 301 operates the host
scent emitter 111 to respond to "sensor input triggers" (id. ,r 32), such as the
scent parameter sensed by the internal odor sensors 431.
According to Hasenoehrl, there is a need to provide "a user's desired
air freshening experience" throughout a "home[] or office[]" having "multiple
rooms." (Hasenoehrl ,r,r 4, 5.) The behavior modules 801 con-espond to a
user's "desired behavior of a set of controllers'' (id. 146) so as to "provide a
desfrabk scent in the air" (id ~; 24). There 1s1 therefore1 a target value
associated with the user's desired air freshening experience throughout the
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Application 14/689,664
multiple rooms; and the behavior-module instructions are contrived to achieve
this target value.
Put another way, a behavior module 801 is vvhat causes a controller 301
to set/adjust an operational parameter of its host scent emitter 111 based on a
sensed scent parameter to achieve a target value. 'fhus, control of the delivery
of a behavior module 801 to a scent emitter 111 can equate to control of an
operational parameter of this scent emitter 111.
As indicated above, Hasenoehrl's disclosed SECN architecture also
includes a combined configurator/director 151 that is located in the
'--'
room 201 b. (See Hasenoehrl ~ 25: Fig. 2.) Hasenoehrl teaches that, when
"an operator [is] managing an entire buildints freshness profile," this
combined configuratoridfrector 151 can be in a "fixed location" and can be ,._,
considered "the operator~s computer system.~' Ud. ~149.) Thus, in the two-
room implementation of Hasenoehrl' s SECN architecture reproduced above,
the combined configurator/ director 123 is a remote computer 151 relative to
the scent emitters 111 installed in the room 20 la.
Hasenoehrl's remote computer 151 combines '"[t]he functions of [a]
director 123 and [a] configurator 141.'' (Hasenoehrl ,-r 29.) The function of
the configurator 141 is "designing and configuring behaviors" (id. ,r 28), or
in other words, the creation of behavior modules 801. "After designing the
behaviors with configurator 141," the "resulting behavior modules 801" are
transferred to the director 123, and the director 123 "can then be used to
deliver the specified behaviors" to the respective controllers 301 of the scent
emitters 111. (Id. ,r 47.)
As discussed above, a behavior module 801 is contrived to achieve a
target value for the room in which the scent emitters 111 are installed. (See
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Hasenoehrl 4lir 241 46.) To this end, the configurator 140 has an interface that
allows a person "to design or adjust scent emitting behaviors for a space."
(Id. ,r 48.) Thus, during creation of a behavior module 801, behavior-defining
values ( e.g., a target value) would be input into the remote computer 151
when it is functioning as the configurator 140.
As also discussed above, a behavior modufo 80 l can cause a
controller 301 to set/adjust an operational parameter of its host scent
emitter 111 based on a sensed scent parameter (i.e., sensed by the odor
sensor 431 ). (See Hasenoehr1 ~,r 32, 38.J Thus, during design of a behavior
module 801, a determination is made, at the remote computer 151 ( when it
functions as the configurator 140), of the operational parameter required for
the scent emitter 111 to achieve a target value, and this operational
parameter can be based upon a sensed scent parameter. (See Hasenoehrl
,r,r 24, 46.)
As additionally discussed above, the director 123 functions to "deliver
new behavior modules 801 to the controllers [301]" (Hasenoehrl ,r 27) and
control of the delivery of a behavior module 801 to a scent emitter 111 can
equate to contro1 of an operational parameter of this scent emitter 111.
'I'hus, delivery of a new behavior module 801 by the remote computer 15 l
(when it functions as the director 123) can equate to controlling the scent
emitter 111 to achieve a target value based upon a sensed scent parameter.
But the delivery of new behavior modules 801 to the scent
emitters 111 is not the only function of the director 123, as Hasenoehrl
discloses that the director 123 and the scent-emitter controllers 301
"cormnunkate with each other to receive and acknowledge requests."
(Hasenoehrl 4167.) Put another way1 the director receives information from,
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and sends instructions to, the scent emitters 111. (See Hasenoehrl ,r,r 27, 49,
53, 67.) Thus, the remote computer 151 (when it functions as the
director 123) receives information from the scent emitters 111 installed in
the room 201a, and this information can include scent parameters sensed by
the internal odor sensors 431 of the scent emitters 111. Hasenoehrl also
specifically discloses that, when the remote computer 151 is being used to
manage "an entire building's freshness profile," this management can
include "obtaining sensor(s) information for a large area." (Id. ,r 49.)
The Appellants appear to argue that Hasenoehrl' s teachings are
confined to autonomous, on-site, and/or non-remote control of a scent
emitter 111 via integrated components, such as the controller 30 l, the
microprocessor 40 l, the sensor 431, and the behavior module 801. 4 The
problem with these arguments is that Hasenoehrl's teachings are not so
confined. Inasmuch as Hasenoehrl teaches advantages associated with
the self-organized autonomous control of its scent emitters 111 (see, e.g.~
4 For example, the Appe11ants argue that '"[n]owhere in Hasenoehrl is there
any discussion'' of "a controller that is anything but integrated into a scent
emitter,'' (Reply Br. 7,) Along this same line~ the Appellants argue that
'"Hasenoehr1 specifically requires that all aspects of its scent emission
system [] be local to the environment being scented." (Appeal Br. 8.) The
Appellants also contend, incorrectly, that "[n]owhere does Hasenoehrl
actually disclose the remote control of scent diffusers." (Reply Br. 5; see
also Appea1 Br. 12.) The A.ppe11ants additionally asseii. that ''[t]he scent
parameter sensed via sensor 431 in Hasenoehrl is not received by anything
remote from the sensor 431 t and that Hasenoehrl "does not disclose
'receiving at least one remotely sensed parameter' from a sensor at a
remote computer." (Appeal Br. 11, 12.) The Appellants also allege that
"[i]t would make abso1ute1y no sense for a collection of Hasenoehrl's scent
diffusers - with distributed autonomous intelligence built in - to
communicate with each other betvveen related environments.'' (Id at 15.)
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Application 14/689,664
Hasenoehrl 4lir 18, 19, 32, 57, 64), Hasenoehrl concun-ently teaches that such
autonomous control can be used in coniunction ,vith remote control of its
scent emitters 111 via a remote computer 151 (see id ~4127-29, 43-49), 5
Thus, we cannot agree with the Appellants' stance that "the Examiner
has provided absolutely no prior art that actually teaches the remote
monitoring and control of scent devices." (Appeal Br. 12; see also Reply
Br. 4.) \Vith this in mind, ,ve individually address, where necessary, the
claims at issue in the Examiner's obviousness rejection.
Independent Claim 1
Independent claim 1 recites a "scent diffusion device within [an]
environment," and a "computer remote from the environment." (Appeal Br.,
Claims App.) Hasenoehrl discloses a multi-room building having scent
emitters 111 installed within one room 201 a and a computer 151 situated in
anotherroom201b. (SeeHasenoehrl i-fi-f 20, 25, 29, 49; Fig. 2.) Thus, in
Hasenoehrl' s SECN architecture, the computer 151 is remote from the
room 201 a, and the scent emitters 111 installed therein.
Independent claim 1 recites the step of "receiving," at the remote
computer, a "sensed scent parameter for the environment" from a scent
sensor. (Appeal Br., Claims App.) Hasenoehrl teaches that the remote
computer 151 obtains "sensor( s) information" when managing the "entire
building's freshness profile" (Hasenoehrl ,r 49), and this would include
5 As such the obviousness rejection at hand need not involve the "removar'
or "separation~' of a controller 301 from a scent emitter device 111 (see
Appeal Br. 13, 14), as a non-integrated computer component 151 already
exist in Hasenoehrl's disclosed SECN architecture.
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Application 14/689,664
obtaining sensed scent parameters from the scent emitters 111 (i.e., their
internal odor sensors 431) in the room 201 a.
Independent claim 1 recites the step of "determining," at the remote
computer, "an operational parameter" for the scent diffusion device "for
achieving a target value of the scent parameter based on the sensed scent
parameter data." (Appeal Br., Claims App.) Hasenoehrl discloses that,
during design of a behavior module 801, a determination is made, at the
remote computer 151 ( when functioning as the configurator 140), of the
operational parameter required for the scent emitter 111 to achieve a target
value. (See Hasenoehrl ,r,r 24, 32, 38, 46.) And this operational parameter
can be based on scent parameters sensed by the internal odor sensor 431,
which would be the same sensed-scent-parameter data obtained by the
remote computer 151 in the above-described receiving step. (See id. ,r 32.)
Independent claim 1 recites the step of "transmitting," from the
remote computer, "an instruction" to the scent diffusion device "to initiate
diffusion of a scent therefrom to achieve the target value of the scent
parameter." (Appeal Br., Claims App.) Hasenoehrl discloses that a
behavior module 801, once downloaded into the controller 301 of a scent
emitter 111, can initiate emission of a scent to achieve the target value of the
scent parameter. (See Hasenoehrl ,r,r 27, 32, 36, 80.) As the behavior
module 801, containing this emission-initiating instruction, is transmitted by
the remote computer 151 (when functioning as the director 123), the remote
computer 151 transmits the instruction required by independent claim 1.
(See id. ,r,r 27, 43, 47, 49.) 6
6 Independent claim 1 requires the "receiving" step, and also the
"transmitting" step, to be "via the internet" (Appeal Br., Claims App.);
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Application 14/689,664
Independent claim 1 also requires the "instruction" to include "at least
one of setting and adjusting the determined operation parameter" of the scent
diffusion device. (Appeal Br., Claims App.) The emission-initiating
instruction contained in the behavior module 801 would entail the
setting/adjusting of the determined operational parameter of the scent
diffusion device. (See Hasenoehrl ,r,r 7, 32, 36, 38.)
Thus, we sustain the Examiner's rejection of independent claim 1
under 35 U.S.C. § 103 as unpatentable over Hasenoehrl.
Independent Claim 13
Independent claim 13 recites a "scent diffusion device," and an
"environment." (Appeal Br., Claims App.) 7 Hasenoehrl discloses a scent
emitter 111 installed in a room 201a. (See Hasenoehrl ,r,r 20, 25; Figs. 1, 2.)
Independent claim 13 recites the step of "providing a sensed level of
an airborne substance as feedback" to the scent diffusion device. (Appeal
Br., Claims App.) Hasenoehrl discloses that each of the scent emitters 111
can have a controller 301 with an odor sensor 431 that can be used for
feedback control. (See Hasenoehrl ,r,r 20, 36, 38; Figs. 1, 2, 4.)
Independent claim 13 recites the step of "adjusting an operation
parameter of the scent diffusion device in response to the feedback" so as to
"enable[] the maintenance of a scent profile in the environment." (Appeal
Br., Claims App.) Hasenoehrl's scent emitters 111 each has a behavior
module 801, running in its controller 301, that operates it in response to
Hasenoehrl teaches that the controllers 301 of its scent emitters 111 can
communicate via the "internet" (Hasenoehrl ,r 29).
7 Independent claim 13 does not require a "computer," much less a computer
remote from the environment in which the scent diffusion device is located.
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sensor input triggers. (See Hasenoehrl ,r 32.) And a behavior module 801
corresponds to desired scent emitting behaviors for a space or, in other
words, the scent profile of the room 201. (See id. ,r 48.)
Independent claim 13 further recites the step of "communicating the
adjustment to other scent diffusion devices in a network of scent diffusion
devices." (Appeal Br., Claims App.) Hasenoehrrs scent emitters 111, or
more particularly their respective controllers 301, "communicate with each
other to provide coordinated behaviors across a collection of scent emitters.'~
(Hasenoehrl 4! 16.) Indeed, Hasenoehrl teaches that the controllers 301 can
form '"local area network[s]/' and these local networks can be '"connected to
each other. or to the internet through additional communication interfaces.'~
/ / .......
/f/«'2'9) \-l l ~ i! - . /
Thus, we sustain the Examiner's rejection of independent claim 13
under 35 U.S.C. § 103 as unpatentable over Hasenoehrl.
Independent Claim 20
Independent claim 20 recites a "scent diffusion device," a "computer,"
and "an environment that is remote from the computer." (Appeal Br.,
Claims App.) Hasenoehrl discloses a multi-room building having scent
emitters 111 installed within one room 201 a and a computer 151 situated in
another room 201b. (See Hasenoehrl ,r,r 20, 25, 29, 49; Fig. 2.) Thus, in
Hasenoehrl, the room 201a (and the scent emitters 111 installed therein) are
remote from the computer 151.
Independent claim 20 recites the step of "receiving," at the remote
computer, a "sensed parameter of the environment." (Appeal Br., Claims
App.) Hasenoehrl teaches that the remote computer 151 obtains "sensor( s)
information" when managing the "entire building's freshness profile."
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(Hasenoehrl ,r 49.) And this sensor information includes scent parameters
sensed by the internal odor sensor 431 of a scent emitter 111.
Independent claim 20 recites the step of "receiving," at the remote
computer, a "target value of a scent parameter" for the environment.
(Appeal Br., Claims App.) Hasenoehrl discloses that a target value is input
into the interface of the remote computer 151 ( when functioning as the
configurator 140) during the design of a behavior module 801. (See
Hasenoehrl ,r,r 24, 46.) Thus, this input target value is received at the remote
computer 151.
Independent claim 20 recites the step of "controlling," via the remote
computer, "diffusion of a liquid" from the scent diffusion device "to achieve
the target value of the scent parameter." (Appeal Br., Claims App.)
Hasenoehrl discloses that the scent emitter 111 operates in accordance with
the behavior module 801 loaded into its controller 301, and this operation
can include the emission of a scent. (See Hasenoehrl ,r,r 7, 18, 27 .) And
Hasenoehrl discloses that the remote computer 151 ( when functioning as the
director 123) delivers a new behavior module 801 to the controller 301 of a
scent emitter 111. (See id. ,r 27.) Thus, by the delivery of a particular
behavior module 801, the remote computer 151 controls the scent emission
of a scent emitter 111.
Independent claim 20 also requires that this controlling of the scent
diffusion device to include "setting or adjusting an operational parameter of
the at least one scent diffusion device in response to the sensed parameter."
(Appeal Br., Claims App.) The behavior module 801 includes instructions
for setting/adjusting an operational parameter of the scent emitter 111. (See
Hasenoehrl ff 24, 30, 36, 46.) And these behavior-module instructions
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respond to scent parameters sensed by the internal odor sensor 431 of the
scent emitter 111; which is the same sensed-scent-parameter information
obtained by the remote computer 151 during above-described receiving step.
(See id. ,r,r 32, 38.)
Thus, we sustain the Examiner's rejection of independent claim 20
under 35 U.S.C. § 103 as unpatentable over Hasenoehrl.
Independent Claim 25
Independent claim 25 recites a "diffusion device disposed within an
environment" and a "remote computer." (Appeal Br. Claims App.)
Hasenoehrl discloses a multi-room building having scent emitters 111
installed within one room 201 a and a computer 151 situated in another
room 201b. (See Hasenoehrl ,r,r 20, 25, 29, 49; Fig. 2.) Thus, in Hasenoehrl,
the computer 151, situated in room 201 b, is a remote computer relative to
the room 201a and scent emitters 111 installed therein.
Independent claim 25 requires an "electronic data structure" that
characterizes the "transformation" of the diffusion device and that includes
"data regarding a sensed parameter of the environment." (Appeal Br.,
Claims App.) Hasenoehrl discloses that its behavior modules 801 are
"software modules" that "are loaded into [the] internal memory" of the
controller 301 of a scent emitter 111 and determine how it performs in
response to "sensor input triggers." (Hasenoehrl ,r 32.) And in order for
there to be a determination as to how the controller 301 should respond to a
sensor input trigger, the behavior module 801 must include data regarding
the parameter sensed by the triggering sensor.
Independent claim 25 also requires "accessing," at the remote
computer, "a target value of a scent parameter." (Appeal Br., Claims App.)
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Hasenoehrl discloses that desired-scent data ( e.g., a target value) is input
into the interface of the remote computer 151 ( when functioning as the
configurator 140) during the design of a behavior module 801. (See
Hasenoehrl ,r,r 24, 46.) Thus, design of the behavior module 801 would
entail accessing, at the remote computer 151, the target value of a scent
parameter. (See id. ,r 27 .)
Independent claim 25 further requires the step of "providing a service
plan" for the diffusion device "based on the electronic data structure and the
target value of the scent parameter." (Appeal Br., Claims App.) Hasenoehrl
discloses the delivery of a new behavior module 801 ( which includes the
electronic data structure and the target value) to a controller 301 of a scent
emitter 111. (See Hasenoehrl ,r 47.) As a behavior module 801 incorporates
the "desired behavior" of the controllers 301 of the plurality of scent
emitters 111 installed in the room 201 a, it constitutes a "service plan" for
managing scent in the room 201 a.
Thus, we sustain the Examiner's rejection of independent claim 25
under 35 U.S.C. § 103 as unpatentable over Hasenoehrl.
Independent Claim 30
Independent claim 30 recites a "scent diffusion device" disposed
"within an environment," and a "remote computer." (Appeal Br., Claims
App.) Hasenoehrl discloses a multi-room building having scent emitters 111
installed within one room 201 a and a computer 151 situated in another
room 201b. (See Hasenoehrl ,r,r 20, 25, 29, 49; Fig. 2.) Thus, in Hasenoehrl,
the computer 151, situated in room 201 b, is a remote computer relative to
the room 201a and scent emitters 111 installed therein.
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Independent claim 30 recites the step of "disposing at least one sensor
within the environment that transmits sensor data to [the] remote computer."
(Appeal Br., Claims App.) Hasenoehrl discloses that the scent emitters 111,
situated in room 201 a, have internal odor sensors 431; and Hasenoehrl
discloses that the remote computer 151, in room 201 b, obtains sensor
information. (See Hasenoehrl ,r,r 27, 49.)
Independent claim 30 requires the scent diffusion device to comprise
"a communications facility that enables receiving a signal from the remote
computer." (Appeal Br., Claims App.) Hasenoehrl discloses that each
scent-emitter controller 301 "incorporates one or more communication
interfaces 501 for communicating with directors 123," which can "support[]
two-way and symmetric communication." (Hasenoehrl ,r 37; see also
Fig. 4.) Thus, the communication interface 501 of a scent emitter 111 in the
room 201 a receives signals from the remote computer 151 ( when
functioning as the director 123).
Independent claim 30 further requires a signal that is "a setting or an
adjusting of an operation parameter of the at least one scent diffusion device
in response to the sensor data to achieve a target value of a scent parameter."
(Appeal Br., Claims App.) As discussed above in connection with
independent claims 1, 20, and 25, the remote computer 151 ( when
functioning as the director 123) delivers behavior modules 801 to the scent
emitters 111; and these behavior modules include instructions to set/adjust
the operation of the scent emitters 111 in response to sensor data and to
achieve the user-desired target value. (See Hasenoehrl ,r,r 7, 18, 24, 27, 30,
32, 36, 38, 43, 46, 47, 49.)
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Insofar as the delivery of a behavior module 801 would not
constitute the transmission of a signal, Hasenoehrl also discloses that a scent
emitter 111 "may respond to requests ( e.g., from the director 123) that
instruct it to perform specific functions," such as "on/off; scent intensity;
scent selection; malodor detection; and the like." (Hasenoehrl ,r 53.) Also, a
"sophisticated" director 123 "can control, configure, and interrogate
arbitrary controllers 301." (Id. ,r 27.)
Thus, we sustain the Examiner's rejection of independent claim 30
under 35 U.S.C. § 103 as unpatentable over Hasenoehrl.
Independent Claim 35
Independent claim 35 recites a "scent diffusion device," an
"environment," and a "remote computer." (Appeal Br., Claims App.)
Hasenoehrl discloses a multi-room building having scent emitters 111
installed within one room 201 a and a computer 151 located in another
room 201b. (See Hasenoehrl ,r,r 20, 25, 29, 49; Fig. 2.) Thus, in Hasenoehrl,
the computer 151, situated in room 201 b, is a remote computer relative to
the room 201a and scent emitters 111 installed therein.
Independent claim 35 recites the step of "creating," via the remote
computer, "an electronic data structure" that characterizes the
"transformation" of the scent diffusion device, and includes "data" regarding
a "sensed parameter" of the environment and a "target value." (Appeal Br.,
Claims App.) As discussed in connection with independent claim 25,
behavior modules 801 are software modules that include data regarding a
sensed parameter of the environment. (See Hasenoehrl ,r 32.) And, as
discussed in connection with independent claim 1, Hasenoehrl discloses that
a behavior module 801 is designed to achieve the target value of the scent
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parameter, and thus would include data in this regard. (See Hasenoehrl
,r,r 27, 32, 36, 80.)
Thus, we sustain the Examiner's rejection of independent claim 35
under 35 U.S.C. § 103 as unpatentable over Hasenoehrl.
Dependent Claims 2-12, 14-19, 21-24, 26--29, 31-34, and 36--39
These claims depend directly or ultimately from one of the above-
discussed independent claims (see Appeal Br. Claims App.); they are not
argued separately (see id. at 8-15); and so they fall with independent
claims 1, 13, 20, 25, 30, and 35.
Thus, we sustain the Examiner's rejection of dependent claims 2-12,
14--19, 21-24, 26-29, 31-34, and 36-39 under 35 U.S.C. § 103 as
unpatentable over Hasenoehrl.
Independent Claim 40
Independent claim 40 recites a "first scent diffusion device" in a "first
environment," a "second scent diffusion device" in a "second environment,"
and a "central server" that is positioned "remotely from" both the first
environment and the second environment. (Appeal Br., Claims App.)
Hasenoehrl discloses a multi-room building having scent emitters 111
installed within a room 201a, scent emitters 111 installed within another
room 201 b, and a computer 151 located in the room 201 b. (See Hasenoehrl
,r,r 20, 25, 29, 49; Fig. 2.)
Thus, in the two-room-building implementation specifically illustrated
by Hasenoehrl, the computer 151 is positioned remote from the room 201 a,
but not remote from the room 201 b. However, Hasenoehrl' s teachings
regarding managing "an entire building's freshness profile" (Hasenoehrl
,r 49) are not limited to two-room buildings. For example, in a three-room
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building, a further room 201 c would have scent emitters 111 installed
therewithin, and the computer 151 situated in room 201 b would be remote
from both the room 201a (i.e., the first environment) and the room 201c (i.e.,
the second environment).
Independent claim 40 recites the steps of "providing a first sensed
level of a[ n] airborne substance" in the first environment to the central
server, and "adjusting," via the central server, an "operational parameter" of
the first scent diffusion device "in response" thereto. (Appeal Br., Claims
App.) As discussed in connection with independent claim 1, Hasenoehrl
teaches that the remote computer 151 obtains sensor information ( e.g., scent-
associated data sensed by the internal odor sensors 431) from the scent
emitters 211 installed in room 201a. (See Hasenoehrl ,r 49.) As also
discussed in connection with independent claim 1, the remote computer 151
(when functioning as the director 123) adjusts an operational parameter of
the scent emitter 111 when it delivers a new behavior module 801 thereto.
(See id. ,r,r 27, 32, 36, 43, 47, 49, 80.) And this operational parameter can be
based on scent-associated data sensed by the internal odor sensor 431, which
would be the same sensed-scent-parameter data obtained by the remote
computer 151 in the above-described providing step. (See id. ,r 32.)
Independent claim 40 recites the steps of "providing a second sensed
level of a[ n] airborne substance" in the second environment to the central
server, and "adjusting," via the central server, an "operational parameter" of
the second scent diffusion device "in response" thereto. (Appeal Br., Claims
App.) The above-described providing and adjusting steps performed with
respect to the scent emitters 111 installed in the room 201 a, would likewise
be performed with respect to the scent emitters 111 installed in the
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room 201c in a three-room building implementation of Hasenoehrl's SECN
architecture.
Independent claim 40 requires the "adjusting" steps to "enable[] the
maintenance of a first scent profile in the first environment" and "enable[]
the maintenance of a second scent profile in the second environment."
(Appeal Br., Claims App.) In Hasenoehrl, the purpose of the new behavior
module 801, delivered by the remote computer 151 to adjust an operation
parameter of the delivered-to scent emitter 111, is to "provide a desirable
scent in the air." (Hasenoehrl ,r 24.)
Thus, we sustain the Examiner's rejection of independent claim 40
under 35 U.S.C. § 103 as unpatentable over Hasenoehrl.
Dependent Claim 41
Claim 41 depends from independent claim 40, and, according to the
Appellants, "specifies that the central server controls the scent diffuser
devices in different environments to create matching scent profiles in the
separate environments." ( Appeal Br. 17.) Hasenoehrl teaches that, in a
"home or office" (i.e., a building having multiple rooms), "it is desirable" to
"provide odor control and/or air freshening that is perceived by users as
being uniform and effective." (Hasenoehrl ,r 16.)
Thus, we sustain the Examiner's rejection of dependent claim 41
under 35 U.S.C. § 103 as unpatentable over Hasenoehrl.
Dependent Claim 42
Claim 42 depends from independent claim 40, and, according to the
Appellants, "includes multiple scents detected in multiple environments, all
of which are provided to the central server for analysis and possible action."
(Appeal Br. 17.) Hasenoehrl teaches that "[o]dor sensors 431 may
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incorporate technology to allow for the measurement specific chemicals in
the air," and"[ s ]cent emitters may emit customized air freshening
compositions based upon the specific malodor chemical detected in the air."
(Hasenoehrl ,r 38.)
Thus, we sustain the Examiner's rejection of dependent claim 42
under 35 U.S.C. § 103 as unpatentable over Hasenoehrl.
DECISION
We AFFIRM the Examiner's rejection of claims 1--42.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(l)(iv).
AFFIRMED
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