Aroma 360 LLC v. Air Esscentials Inc

Prosecution History analysis

Examiner Search analysis

Invalidity Framework analysis

Petition

Petition Analysis

## 1. Case Identification
- Case Number: [IPR 2025-00706](https://ai-lab.exparte.com/case/ptab/IPR2025-00706)
- Patent #: [10,583,449](https://ai-lab.exparte.com/patent/10583449)
- Filed: March 18, 2025
- Petitioner(s): [Aroma360, LLC](https://ai-lab.exparte.com/party/aroma-360-llc)
- Patent Owner(s): [Air Esscentials, Inc.](https://ai-lab.exparte.com/party/air-esscentials-inc)
- Challenged Claims: 1, 4, 7-10

## 2. Patent Overview
- Title: Fluid Dispersion Assembly
- Brief Description: The [’449](https://ai-lab.exparte.com/patent/10583449) patent is directed to a fluid dispersion assembly powered by compressed air to deliver fluids, such as fragrant or essential oils. The patent discloses features intended to reduce operational noise while generating a fluid dispersion with a uniform particle size distribution.

## 3. Grounds for Unpatentability

#### Ground 1: Claims 1, 4, and 7-10 are obvious over Sevy
- **Prior Art Relied Upon:** Application # [2010/0084484](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1009) ("[Sevy](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1009)").
- **Core Argument for this Ground:**
  - **Prior Art Mapping:** Petitioner argued that [Sevy](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1009), an "integrated, essential-oil atomizer," discloses all structural elements of independent claims 1 and 7. [Sevy](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1009)’s atomizer (16) was mapped to the claimed "diffusion unit," with its interior "separator chamber" (120) constituting the "diffusion chamber." Petitioner asserted that [Sevy](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1009)’s nozzle (92), pump (14), and associated channels form the claimed "atomizer assembly," comprising an air inlet, fluid inlet (siphon 96), mixing chamber (cavity 116), and exhaust aperture.
  - **Key Aspects:** Petitioner’s core contention was that although [Sevy](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1009) does not explicitly recite "substantially uniform droplets," it teaches an atomizer that provides "better atomization" and discharges droplets in a narrow range of 1 to 5 microns. Petitioner argued a person of ordinary skill in the art (POSITA) would understand that droplets within this narrow range inherently possess uniform dispersion and evaporation properties, thereby meeting the "fluid dispersion" limitation required by the claims.

#### Ground 2: Claims 1, 4, and 7-10 are obvious over Goubet
- **Prior Art Relied Upon:** French Patent Publication No. [2886160](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1015) ("[Goubet](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1015)").
- **Core Argument for this Ground:**
  - **Prior Art Mapping:** Petitioner asserted that [Goubet](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1015)’s essential oil diffuser teaches the claimed assembly. The diffuser head (4), with its concentric inner (13) and outer (12) enclosures, was identified as the "diffusion unit" defining a "diffusion chamber." The outlet (16) serves as the discharge port. Petitioner argued that the internal components, including the air inlet channel (9), dip tube (8), and initial diffusion chamber (5), collectively form the claimed "atomizer assembly" where fluid is atomized.
  - **Key Aspects:** Petitioner argued that [Goubet](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1015)’s stated objective to reduce droplet size "as much as possible" by forcing them through a baffled, circular path would be understood by a POSITA to inherently produce more uniform droplets. The argument was that this tortuous path continually filters out larger droplets, resulting in a "fluid dispersion" of substantially uniform microdroplets that meets the claim limitation.

#### Ground 3: Claims 1, 4, and 7-10 are anticipated by Gao
- **Prior Art Relied Upon:** Chinese Utility Model Patent [201832737](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1012) ("[Gao](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1012)").
- **Core Argument for this Ground:**
  - **Prior Art Mapping:** Petitioner argued that [Gao](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1012) anticipates every limitation of the challenged claims. [Gao](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1012)'s atomizer was presented as the claimed "fluid dispersion assembly." Its main body (9) functions as the "diffusion unit," defining a "diffusion chamber" (lower cavity 10). The device includes a discharge outlet (2), connects to a compressed air source via a gas flow pipe (51), and contains an atomizer assembly (nozzle 5, pipeline 7, atomizing cavity 6) that mixes air and liquid.
  - **Key Aspects:** Critically, Petitioner emphasized that [Gao](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1012) explicitly teaches that "the atomized particles are finer and more uniform" and that the "mist can be controlled below 3 microns." Petitioner contended this express disclosure of producing uniform particles directly teaches the key "fluid dispersion" limitation, leaving no element of the claims unmet.

- **Additional Grounds:** Petitioner asserted additional obviousness challenges, including that claims 1, 4, and 7-10 are obvious over [Sevy](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1009) in view of [Gao](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1012) to explicitly teach finer and more uniform droplets, and over [Goubet](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1015) in view of [Kaiser](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1014) to explicitly teach the well-known benefits of uniform droplet size for achieving uniform evaporation.

## 4. Key Technical Contentions (Beyond Claim Construction)
- **"Substantially Uniform Droplets":** A central technical argument woven through the obviousness grounds was that prior art atomizers producing droplets within any narrow size range (e.g., 1-5 microns in [Sevy](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1009)) inherently satisfy the "fluid dispersion" limitation. Petitioner contended a POSITA would understand that droplets in such a range do not materially differ in their aerodynamic behavior or evaporation rates, making them "substantially uniform" for the purposes of achieving a consistent scent dispersion, which is the stated goal of the [’449](https://ai-lab.exparte.com/patent/10583449) patent.

## 5. Arguments Regarding Discretionary Denial
- **§325(d) (Same Art/Arguments):** Petitioner argued against discretionary denial because it presented prior art ([Goubet](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1015), [Gao](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1012), [Kaiser](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1014)) not previously before the USPTO. While [Sevy](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1009) was cited during prosecution, Petitioner contended its arguments regarding [Sevy](https://ai-lab.exparte.com/case/ptab/IPR2025-00706/doc/1009)'s teachings were substantially different from those considered by the Examiner and were supported by a new, detailed expert declaration.
- **§314(a) (Fintiv Factors):** Petitioner asserted that institution is favored under the *Fintiv* factors because the petition presents compelling evidence of unpatentability. To further weigh against denial, Petitioner stipulated that if the IPR is instituted, it will not pursue in the parallel district court litigation any invalidity grounds that were raised or could have been reasonably raised in the petition.

## 6. Relief Requested
- Petitioner requests institution of an inter partes review and cancellation of claims 1, 4, and 7-10 of Patent [10,583,449](https://ai-lab.exparte.com/patent/10583449) as unpatentable.

Scent diffuser patent faces multiple challenges, including anticipation by Gao, which explicitly teaches uniform droplets, and obviousness over Sevy.