DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/17/25 has been entered.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1,3,4,7-8,10,11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ghandi et al. U.S. 2020/0307416 in view of Mankame et al. U.S. 2012/0267928, Shaffer et al 10,299,520 and Gao 10,576,859.
Regarding claims 1 and 8 Ghandi shows one of applicants prior seat designs in figures 1-4 (with which they are well familiar) including a vehicle seat 172, a processor 110 and a sensor arrangement at 130-134 and other electrical components at 120-190. Note the shape memory material members at 260,270. Note also the seat control module at 190. In para 0014 Ghandi states:
[0014] To that end, a plurality of shape memory material members can be operatively positioned with respect to a seat portion of a vehicle seat. The shape memory material members can include shape memory alloys (SMA) or shape memory polymers (SMP). In one or more arrangements, the shape memory material members can be SMA wires. The seat portion can include a seat cushion, a seat pan, and a seat frame. The shape memory material members can be operatively positioned such that, when selectively activated (e.g., by heating), the selectively activated shape memory material member engages the seat pan to cause the seat pan to tilt in a respective lateral direction (i.e., left or right). As a result, the seat cushion can tilt in the respective lateral direction and/or otherwise be deformed or adjusted.
Regarding the added sensor limitations see the discussions in paras 0023,0026 and note the information gathering capability of the sensors 130, processors 110, and interfaces 140-160.
Lacking in Ghandi is a specific discussion of using the SMA device for vibration isolation control of the seat and that the aforementioned SMA wires have variable stiffness.
However these limitations are believed to be inherent in the seat system of Ghandi.
Also lacking is the seat cushion being directly supported on the shape memory material members 260,270 and a second sensor configured to acquire sensor data about a current temperature of the shape memory material member.
Nevertheless Mankame et al. also shows a vehicle seat arrangement similar to Ghandi which uses SMA's and shows a signal/power source 76 with a controller 82. Note the input at 80 and SMA wires at 20. In paras 0024-0026 Mankame et al. states:
[0024] Active Material Description and Functionality [0025] As used herein the term "active material" shall be afforded its ordinary meaning as understood by those of ordinary skill in the art, and includes any material or composite that exhibits a reversible change in a fundamental (e.g., chemical or intrinsic physical) property, when exposed to an external signal source. Thus, active materials shall include those compositions that can exhibit a change in stiffness properties, shape and/or dimensions in response to an activation signal.
[0026] Active materials suitable for use herein, include, without limitation, shape memory alloys (SMA), ferromagnetic shape memory alloys, electroactive polymers (FAP), piezoelectric materials, high- output-paraffin (HOP) wax actuators, and the like. Depending on the particular active material, the activation signal can take the form of, without limitation, heat energy, an electric current, an electric field (voltage), a temperature change, a magnetic field, a mechanical loading or stressing, and the like, with the particular activation signal dependent on the materials and/or configuration of the active material. For example, a magnetic field may be applied for changing the property of the active material fabricated from magneto strictive materials. A heat signal may be applied for changing the property of
thermally activated active materials such as SMA. An electrical signal may be applied for changing the property of the active material fabricated from electroactive materials and piezoelectrics (PZT's).
[0027] More particularly, shape memory alloys (SMA's) generally refer to a group of metallic materials that demonstrate the ability to return to some previously defined shape or size when subjected to an appropriate thermal stimulus. Shape memory alloys are capable of undergoing phase transitions in which their yield strength, stiffness, dimension and/or shape are altered as a function of temperature.
In para 0033 Mankame further states:
[0033] Suitable shape memory alloy materials. can be binary, ternary, or any higher order so long as the alloy composition exhibits a shape memory effect, e.g., change in shape orientation, damping capacity, and the like.
The reference to Shaffer discloses a fabric-based item that may adapt to and adjust the biometric state of an individual that is wearing or touching the fabric-based item. The fabric-based item may be a cover for a seat in a vehicle (see the abstract). As stated in col 10: Fabric 10 may be used to form a cushion that can be moved between one or more pieces of furniture, a cushion that is formed as part of a chair, sofa, or other seating, a cushion that is built into a seat ina car The fabric at 10 incorporates a wire mesh which incorporates SMA elements. See col 5 lines 10- 12 and col 6 lines 40-58. Shaffer therefore indicates that the shape memory material members may come into direct contact with the fabric (or other) material of the seat cushion. Note also that the majority of 'seat cushions" (i.e. foam portion) include some type of cover. Although not applied see Caudill 4,541,885 element 28. Also, it is clear from applicant's own embodiments of figures 3 and 6 the seat cushion does not have to come into direct contact or supported by the shape memory material members for the device to function.
Gao shows an array type automobile seat arrangement having shape memory material actuators 130 and claims in claim 7 that temperature sensors are disposed in the shape memory material actuators to measure a temperature of the memory alloy wire.
One having ordinary skill in the art before the effective filing date of the invention would realize that the SMA wires (if used) in Ghandi could also be used (i.e. is capable of) to control a level of damping/vibration isolation of the seat in light of the discussion Mankame since the stiffness of the SMA's can be varied by changing the temperature therein. Any necessary additional electrical components necessary for this to happen in Ghandi is taught by Mankame and Gao (i.e. temperature sensors for the SMA’s). Further, since applicants have not stated a problem in the prior art that is solved by having a direct connection between the shape memory material members and the seat cushion (as evidenced by figures 3 and 6 of applicants application) it would have been obvious to have modified Ghandi to include direct support by the shape memory material members 260,270 by reversing the connection of the seat pan 220 (as per applicant's). Since a cover could/would likely be provided on the seat cushion (per Claudill-not applied), and the shape memory material members could be encased in plastic (or other protective insulating material) no fire hazard would likely exist by the aforesaid direct connection. (i.e. no problem in the prior art is solved by the added limitation to claim 1).
Regarding claim 3 note the power source 140 and processors 110 in figure 1 of Ghandi '416.
Regarding claims 4,11 Ghandi, as modified above by Gao, includes using a temperature sensor to acquire the temperature of the SMA members.
Lacking in Ghandi as modified is the specific limitation of comparing the acquired temperature to a target temperature value, and when the temperatures are different adjusting the stiffness of the SMA's with a supply of electric current to adjust the stiffness of the SMA's.
Note however the sensors at 14 in Shaffer may be temperature sensors col 4 lines 10+. Note the control circuitry at 12. As stated in col 8 lines 35-40 of Shaffer:
“..In another embodiment, control circuitry 12 may heat, cool, vibrate, or otherwise activate certain nodes when sensors or other devices gather input indicating that those particular nodes should be activated. As an example, a cushion may be heated, cooled, or vibrated only where sensors 12 detect the presence of a user's body or detect the presence of a temperature rise change that exceeds a predetermined threshold.
One having ordinary skill in the art would have found it obvious to have further modified Ghandi, as taught by Shaffer, to include a temperature sensor that can sense the body temperature of the vehicle driver (i.e. real-time condition) change the stiffness of the SMA wires based upon a temperature of the occupant exceeding a predetermined threshold/target valve simply to improve the comfort of the occupant.
Regarding claims 7,10 see the discussion throughout the document, particularly para 0058.
Regarding claim 8 Ghandi indicates in para 0059 that the shape memory allow wire could have the stiffness varied by changing the temperature thereof:
[0059] The SMA wire can be configured to increase or decrease in length upon changing phase, for example, by being heated to a phase transition temperature TSMA. Utilization of the intrinsic property of SMA wires can be accomplished by using heat, for example, via the passing of an electric current through the SMA wire in order provide heat generated by electrical resistance, in order to change a phase or crystal structure transformation (i.e., twinned martensite, detwinned martensite, and austentite) resulting in a lengthening or shortening the SMA wire.
Combined with the teachings in Mankame in para 0026+ and the sensor arrangement at 130, as discussed in paras 0023 and 0026 of Ghandi, these limitations are capable of being met by Ghandi, as modified.
Claim(s) 14,-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ghandi U.S. 2020/0307416 in view of Citro 10,724,595.
Regarding claim 14 it is believed that Ghandi meets the claimed limitations.
For instance in para 0058 Ghandi states:
[0058] The wire(s) can be made of any suitable shape memory material, now known or later developed. Different materials can be used to achieve various balances, characteristics, properties, and/or qualities. As an example, an SMA wire can include nickel-titanium (Ni-Ti, or nitinol).
One example of a nickel-titanium shape memory alloy is FLEXINOL, which is available from Dynaolloy, Inc., irvine, Calif.
Since this material is the same as applicant's, as per their discussion in para 0065 of their specification (see the U.S. Pub 20230136197), the limitation of " one or more super elastic wires exhibiting superelasticity and quasi- zero stiffness.." is capable of being met by Ghandi since essentially the same material is used/can be used for the SMA wires.
Nevertheless the reference to Citro shows a shock absorbing device that can be used in vehicle seats (col 5 lines 54-58). As shown in figures 1,1A,2,3 this device can use super-elastic wires 11,12 made of Nitinol (col 5 lines 27-36).
Based upon the disclosure in Ghandi one having ordinary skill in the art would have found it obvious to have used super-elastic wires for the SMA’S, as taught by CItro, simply as the obvious choice of using one well known type of SMA over another based upon such well known design/engineering factors as performance, costs, and availability etc.
Regarding claim 15, as broadly claimed, these limitations are capable of being met.
Regarding claim 16 it would have been obvious to have operatively connected the superelastic wires of Ghandi, as modified above, in tension to one or more structures simply as a matter of desired comfort characteristics for the vehicle driver.
Regarding claim 17 to have arranged the wires of Ghandi, as modified above by Citro at 11,12, in a plurality of rows would have been obvious as an obvious duplication of parts but also to meet the requirements as discussed above.
Regarding claims 18,19 as previously explained and as readily apparent from the drawings, these limitations are met, as broadly claimed.
Regarding claim 20 in view of figures 2-4B of Ghandi these limitations are capable of being met. Note the seat pan at 220.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1,3,,4,7,8,10,11,14-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P SCHWARTZ whose telephone number is (571)272-7123. The examiner can normally be reached 10:00 A.M.-7:00P.M..
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/CHRISTOPHER P SCHWARTZ/Primary Examiner, Art Unit 3616
3/29/26
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