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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/06/2025 has been entered.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1-5, 7-9, 14, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN203511374) in view of Tamura et al (U.S. Patent 8,888,189) and Yamauchi et al (U.S. Pg Pub 2023/0365041)
Regarding claim 1, ZhangowZhang discloses a massage apparatus for a vehicle comprising: a bladder unit (airbag 12) spaced from the plate at an interval (unfolded flexible substrate 11) and provided with a plurality of bladder cells (Figure 2), wherein air is supplied to or exhausted from an inside of the plurality of bladder cells (0036) for pressurizing passenger's massaged area (abstract); a heating mat positioned to cover the bladder unit (Figure 3 heating layer attachment 6), wherein an elastic member is provided between the bladder unit and the heating mat for buffering therebetween (0038, flexible support layer 20 may be a flexible sponge as stated in 0043), and wherein a through hole is formed in the elastic member in a portion thereof in which the plurality of bladder cells is disposed (Figure 2), and the through hole is formed for delivering a force of pressurizing the passenger's massaged area by expansion of the bladder cells to the massaged area (0041 discusses the use of the air bag to deliver a force through an expanding action), and wherein the through hole is formed to be open toward the massaged area (Figure 3 depicts the bladder section pointing towards the chair surface of the device, meaning that the through holes shown in figure 2 would be open towards the massaged area of the user), and wherein the elastic member covers and buffers the bladder unit to protect an air hose, and a portion connected to the air hose (pipe 15) and the bladder cell in the bladder unit (Figure 1 depicts support layer 20 covering bladder unit 20 and pipes 15, which are connected to the air pump below the seat. The support layer is indirectly shielding both the air pump and pipes 15 based on its placement above the bladder layer and before the heating attachment.).
Zhang fails to teach a plate mounted on a seatback, a heat wire mat positioned to cover the bladder unit and provided with a heat wire, and wherein the bladder cells pressurize passenger's soles, and deliver a force of pressurizing the passenger's feet by expansion of the bladder cells to the passenger's soles, as well as the through hole being formed to be open towards a passenger’s feet
Tamura teaches a vehicle footrest system that discloses a foot massage apparatus for a vehicle (0013), the foot massage apparatus comprising (“As shown in FIG. 18, a footrest system 220 is equipped with a massage device 222 for massaging feet 5A resting on a back board 164 provided inside a seatback 162 of a front seat 16.” Para. 0142): a plate mounted on a seatback (back board 122). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang with the teachings of Tamura and replace the massaging device of Tamura with the device of Zhang and include a plate mounted on a seatback to allow for an improved massage to the soled of the feet of the occupant sitting in the rear seat (0013).
Upon making this modification, modified Zhang would now be configured to pressurize passenger's soles, and deliver a force of pressurizing the passenger's feet by expansion of the bladder cells to the passenger's soles, as well as the through hole being formed to be open towards the passenger’s feet as this device would now be able to be used for the soles of a passenger’s feet (based on its location on a seatback) as opposed to its original purpose of massaging the buttocks.
Modified Zhang still fails to teach a heat wire mat positioned to cover the bladder unit and provided with a heat wire. Yamauchi discloses an analogous vehicle seat that does teach a heat wire mat positioned to cover the bladder unit and provided with a heat wire (Figure 3 depicts heating wire 70 on heater central part 60, which is covering and overlapping the bladder layer containing air cells 32.). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further modify modified Zhang and include a heat wire mat positioned to cover the bladder unit and provided with a heat wire as this would allow for a uniform heating massage to be provided to the user, while also providing temperature control (0159-0161).
One of ordinary skill in the art would be able to substitute this heating wire mat for the heating attachment of modified Zhang. Upon making this modification modified Tamura now teaches a heat wire mat positioned to cover the bladder unit and provided with a heat wire, wherein an elastic member is provided between the bladder unit and the heat wire mat for buffering therebetween.
Regarding claim 2, modified Zhang teaches the foot massage apparatus in claim 1, wherein the heat wire is uniformly distributed and provided on the heat wire mat (“The heating wire 70 extends forward from a rear end part of the heater central part 60 in a meandering fashion, passes through the left and right-side parts” Para. 0159, Fig. 6 of Yamauchi).
Regarding claim 3, modified Zhang teaches the foot massage apparatus of claim 1, wherein the heat wire is provided in a region in which the plurality of bladder cells is not provided. Figure 3 of Yamauchi illustrates the heating wire 70, and bladder cells 32 being provided on two separate regions with the intention of overlaying.
Regarding claim 4, modified Zhang teaches the foot massage apparatus of claim 3, wherein the heat wire is provided in a region in which the air hose for supplying pressurized air to the plurality of bladder cells is not provided with the intention of overlaying. Figure 3 of Yamauchi illustrates the heating wire 70 and air hose 44 located on two separate regions.
Regarding claim 5, modified Zhang teaches the foot massage apparatus of claim 3, wherein the heat wire is provided to overlap the air hose for supplying pressurized air to the plurality of bladder cells (“A flexible tubing 44 is connected to each air cell 32. The tubing 44 is passed from the inside of the respective recesses 26 to the bottom side of the pad member 12 through the corresponding communication grooves 28” Para. 0147, fig. 6 of Yamauchi). Since the tubing is located within the grooves of the seat itself, the heat wire will overlap the region of air hoses (tubing 44) that directs air to the bladder cells.
Regarding claim 7, modified Zhang teaches the foot massage apparatus of claim 1, wherein the heat wire is provided on the heat wire mat so that left and right sides of the heat wire are linearly symmetric to each other. Figure 6 of Yamauchi shows a linearly symmetric heat wire.
Regarding claim 8, modified Zhang teaches the foot massage apparatus of claim 1, further including an air pump configured for pressurizing the air to supply the pressurized air to the plurality of bladder cells through the air hose connected to the plurality of bladder cells; and a control valve provided between the air pump and the air hose for selectively supplying the pressurized air to the plurality of bladder cells to selectively interrupt flow of the air (“the control unit 42 activates the pump 50, and switches the solenoid valves 48 between the intake position and the exhaust position at predetermined time intervals. When the solenoid valves 48 are in the intake position, the air pumped from the pump 50 flows into the tubing 44. As a result, the air cells 32 are inflated, and the parts of the seating surface 8 corresponding to the air cells 32 expand.”, Para. 0167, Fig. 5 of Yamauchi). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Zhang to include an air pump configured for pressurizing the air to supply the pressurized air to the plurality of bladder cells through an air hose connected to the plurality of bladder cells; and a control valve provided between the air pump and the air hose for selectively supplying the pressurized air to the plurality of bladder cells to selectively interrupt flow of the air, since this setup allows for a way to control the amount of air that is provided to each individual bladder cell.
Regarding claim 9, modified Zhang teaches the foot massage apparatus of claim 8, further including a control unit electrically connected (“The control unit 42 (ECU) is composed of a microcomputer including a central processing unit (CPU), RAM, ROM, a storage device, and the like.” Para. 0166 of Yamauchi) to the heat wire mat, the control valve and the air pump and configured for operating the air pump to supply the pressurized air to the plurality of bladder cells (“a control unit 42 for controlling the air supply/exhaust device 34 and the temperature control unit 40”, “The air supply/exhaust device 34 is configured to supply/exhaust air into and out of the air cells 32 according to a control signal from the control unit 42 by inflating/deflating the air cells 32. As shown in FIG. 5, the air supply/exhaust device 34 includes solenoid valves 48 and a pump 50” Para. 0146 and 0148 of Yamauchi) and connecting a power source to the heat wire (“the control unit 42 causes the temperature control unit 40 to activate the seat heater 38 to bring the seat heater 38 to a predetermined temperature.” Para 0168 of Yamauchi). Figure 5 displays the relationship between the control unit with the pump and valve system and the temperature control system, which powers the heat wire to heat the system. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify modified Zhang to include a control unit electrically connected to the heat wire mat, the control valve and the air pump and configured for operating the air pump to supply the pressurized air to the plurality of bladder cells and connecting a power source to the heat wire, since, the use of the control unit provides a way to effectively control both the amount of air provided to the bladder cells and the temperature of the heating mat.
Regarding claim 14, modified Zhang teaches the foot massage apparatus of claim 1, and a cover for covering the heat mat (“The skin member 13 is in the form of a sheet that covers the pad member 12, the air cells 32, the seating sensor 36, and the seat heater 38 from above” Para. 0162). It would have prima facie obvious been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination to include a cover to cover the heat wire mat as it provides a surface in which the user could place their feet and receive the massage.
Regarding claim 16, ZhangowZhang discloses a massage apparatus for a vehicle comprising: a bladder unit (airbag 12) spaced from the plate at an interval (unfolded flexible substrate 11) and provided with a plurality of bladder cells (Figure 2), wherein air is supplied to or exhausted from an inside of the plurality of bladder cells (0036) for pressurizing passenger's massaged area (abstract); a heating mat arranged in a region in which the plurality of bladder cells is not provided and positioned to cover the bladder unit (Figure 3, heating layer attachment 6 is arranged above the bladder cells and is covering the bladder unit), wherein an elastic member is provided between the bladder unit and the heating mat for buffering therebetween (0038, flexible support layer 20 may be a flexible sponge as stated in 0043), wherein a through hole is formed in the elastic member in a portion thereof in which the plurality of bladder cells is disposed (Figure 2), and the through hole is formed for delivering a force of pressurizing the passenger's massaged area by expansion of the bladder cells to the massaged area (0041 discusses the use of the air bag to deliver a force through an expanding action), and wherein the through hole is formed to be open toward the massaged area (Figure 3 depicts the bladder section pointing towards the chair surface of the device, meaning that the through holes shown in figure 2 would be open towards the massaged area of the user), and wherein the elastic member covers and buffers the bladder unit to protect an air hose, and a portion connected to the air hose (pipe 15) and the bladder cell in the bladder unit (Figure 1 depicts support layer 20 covering bladder unit 20 and pipes 15, which are connected to the air pump below the seat. The support layer is indirectly shielding both the air pump and pipes 15 based on its placement above the bladder layer and before the heating attachment.).
Zhang fails to teach a plate mounted on a seatback, a heat wire mat positioned to cover the bladder unit and provided with a heat wire, and wherein the bladder cells pressurize passenger's soles, and deliver a force of pressurizing the passenger's feet by expansion of the bladder cells to the passenger's soles, as well as the through hole being formed to be open towards a passenger’s feet
Tamura discloses an analogous vehicle footrest system that discloses a foot massage apparatus for a vehicle (0013), the foot massage apparatus comprising (“As shown in FIG. 18, a footrest system 220 is equipped with a massage device 222 for massaging feet 5A resting on a back board 164 provided inside a seatback 162 of a front seat 16.” Para. 0142): a plate mounted on a seatback (back board 122). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang with the teachings of Tamura and replace the massaging device of Tamura with the device of Zhang and include a plate mounted on a seatback to allow for an improved massage to the soled of the feet of the occupant sitting in the rear seat (0013).
One of ordinary skill in the art would have the ability to replace the massaging device seen in Tamura, and substitute in the device of Zhang. Upon doing so, modified Zhang would now be configured to pressurize passenger's soles, and deliver a force of pressurizing the passenger's feet by expansion of the bladder cells to the passenger's soles, as well as the through hole being formed to be open towards the passenger’s feet as this device would now be able to be used for the soles of a passenger’s feet (based on its location on a seatback) as opposed to its original purpose of massaging the buttocks.
Modified Zhang still fails to teach a heat wire mat having a heat wire arranged in a region in which the plurality of bladder cells is not provided and positioned to cover the bladder unit. Yamauchi discloses an analogous vehicle seat that does teach a heat wire mat having a heat wire arranged in a region in which the plurality of bladder cells is not provided and positioned to cover the bladder unit (Figure 3 depicts heating wire 70 on heater central part 60, which is covering and overlapping the bladder layer containing air cells 32.). It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further modify modified Zhang with the teachings of Yamauchi and include a heat wire mat having a heat wire arranged in a region in which the plurality of bladder cells is not provided and positioned to cover the bladder unit as this would allow for a uniform heating massage to be provided to the user, while also providing temperature control (0159-0161).
One of ordinary skill in the art would be able to substitute this heating wire mat for the heating attachment of modified Zhang. Upon making this modification modified Zhang now teaches a heat wire mat positioned to cover the bladder unit and provided with a heat wire, wherein an elastic member is provided between the bladder unit and the heat wire mat for buffering therebetween.
Regarding claim 17, Modified Zhang teaches the foot massage apparatus of claim 16, wherein the heat wire is uniformly distributed and provided in a region other than the plurality of bladder cells. Figure 3 of Yamauchi illustrates the heating wire 70, and bladder cells 32 being provided on two separate regions with the intention of overlaying bladder cells.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over modified Zhang, further in view of Marktscheffel et al (U.S. Pg Pub 2020/0339019).
Regarding claim 6, Modified Zhang teaches the foot massage apparatus of claim 1, but fails to teach wherein the heat wire is arranged to be tilted with respect to a vertical direction or a horizontal direction of the heat wire mat. Marktscheffel does teach a vehicle seat heating device wherein the heat wire is arranged to be tilted with respect to a vertical direction or a horizontal direction of the heat wire mat (Fig. 3). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify modified Zhang with the teachings of Marktscheffel and include wherein the heat wire is arranged to be tilted with respect to a vertical direction or a horizontal direction of the heat wire mat as this rearrangement of the wire would allow for heat to be evenly distributed throughout the massage device, contributing to a better massage experience. Furthermore, the courts have also held that rearrangement of parts requires only ordinary skill in the art and hence is considered a routine expedient. “In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950): Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.”
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over modified Zhang, further in view of Arthurs et al (U.S. Pg Pub 2020/0390641).
Regarding claim 10, modified Zhang teaches the foot massage apparatus of claim 1, but fails to teach wherein the bladder unit is provided with a felt coupled to the plate, and wherein the plurality of bladder cells is attached to the felt at an interval. However, Arthurs teaches a pneumatic massage system wherein the bladder unit is provided with a felt coupled to the plate (Each of the bladder subassemblies 500f includes a body 506 with a plurality of air chambers 508 and a bladder support backing 512. The bladder support backing 512 is made of a rigid or semi-rigid material, such as plastic or stiff felt.” Para. 0126, Fig. 14), and wherein the plurality of bladder cells is attached to the felt at an interval. According to figure 14, the air chambers 508 are attached to the felt at an interval by way of body 506. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine this teaching of Arthurs with modified Zhang and attach the air bladder unit onto felt, where each of the cells are at an interval. The use of the felt backing and spacing at an interval both play a role in distributing pressure that is generated by each of the air cells across a larger contact area. This allows for a stronger strength of massage as this support backing would not allow each individual bladder cell to sink into the plate when pressure is applied by the passenger’s sole. One of ordinary skill in the art would be able to use felt as the material to achieve this purpose, and recognize that spacing the air cells at an interval would help to distribute pressure more evenly.
Regarding claim 11, modified Zhang in view of Arthurs disclose the foot massage apparatus of claim 10, but fails to teach wherein the plurality of bladder cells is attached to the felt by thermal fusing. However, Arthurs does teach wherein the plurality of bladder cells is attached to the felt. Therefore, “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over modified Zhang, further in view of Ketels et al (U.S. Patent 9,221,370).
Regarding claim 15, Modified Zhang teaches the foot massage apparatus of claim 1, but fails to teach wherein the foot massage apparatus is selectively covered by a foot rest hinged to the seatback so that the foot massage apparatus is exposed when the foot rest hinged to the seatback is deployed. However, Ketels does disclose a foot massage apparatus wherein the foot massage apparatus is selectively covered by a foot rest hinged to the seatback so that the foot massage apparatus is exposed when the foot rest hinged to the seatback is deployed (“the rear side receiving the foot massage system, said foot massage system configured to pivot around an axis that is fixed relative to the seat backrest between an in-use position, wherein the massage system, pivots down to receive passenger's feet, and a folded-away position wherein the massage system is retracted” Para. 0006, Fig. 3). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Zhang with the teachings of Ketels and include wherein the foot massage apparatus is selectively covered by a foot rest hinged to the seatback so that the foot massage apparatus is exposed when the foot rest hinged to the seatback is deployed, as it provides a storage method for the foot massage apparatus that will allow for deployment when desired.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over modified Zhang, further in view of Oberg et al (U.S. Patent 10,369,074).
Regarding claim 18, Modified Zhang teaches the foot massage apparatus of claim 17, wherein the heat wire is provided to bypass the air hose fluidically connected to a bladder cell among the plurality of bladder cells (“A flexible tubing 44 is connected to each air cell 32. The tubing 44 is passed from the inside of the respective recesses 26 to the bottom side of the pad member 12 through the corresponding communication grooves 28” Para. 0147, fig. 6 of Yamauchi). Since the tubing is located within the grooves of the seat itself, the heat wire will overlap the region of air hoses (tubing 44) that directs air to the bladder cells. Modified Zhang is silent regarding wherein the heat wire is provided to overlap the air hose connected to other bladder cells disposed above and below the bladder cell among the plurality of bladder cells. However, Oberg teaches a bladder cell system that includes an air hose connected to other bladder cells disposed above and below the bladder cell among the plurality of bladder cells (“A supply line structure is receiving compressed air from a pump and is supplying this compressed air to the air cells for sequentially inflating/deflating the series of air cells. For this purpose, the supply line structure comprises a common supply line interconnecting the air cells in series, and an exhaust or venting line interconnecting the series of air cells, which venting line is capable of being opened to the environment for venting in order to deflate the air cells. In order to produce a propagating sequential inflation along said series of the air cells starting from the first cell at the lower end of the seat back and continuing cell by cell to the last cell at the upper end of the seat back..” Para. 0003, Fig. 1). The plurality of air cell’s structure that is described in Oberg, reads upon what is claimed, in regards to the arrangement of bladder cells in the present invention. Oberg’s structure includes a supply line performing the same function as the air hose, and includes an air hose that is connected to other bladders cells that are both above and below the middle reference cell. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify modified Zhang with the teachings of Oberg and include wherein the heat wire is provided to bypass an air hose fluidically connected to a bladder cell among the plurality of bladder cells, and wherein the heat wire is provided to overlap the air hose connected to other bladder cells disposed above and below the bladder cell among the plurality of bladder cells, as the supply line set up of Oberg that includes that bladder cells sharing a common supply line in series allows for sequential inflation and deflation of the bladder cells. Furthermore, implementing the bladder air cell system of Oberg, with the heat wire mat of Tamura to overlap the heat wire over the air hose connected to other bladder cells disposed above and below the bladder cell among the plurality of bladder cells as doing so would prevent the heating function from being significantly lowered during the massage.
Regarding claim 19, modified Zhang in view Oberg teaches the foot massage apparatus of claim 18, wherein the heat wire is arranged to overlap the air hose to be perpendicular to a direction in which the air hose is arranged upon overlapping the air hose. According to figure 3 of Yamauchi, the heat wire 64 will be arranged over the air hose in a perpendicular orientation.
Conclusion
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/ROHAN PATEL/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785