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 .
Response to Amendment
This Office Action is in response to the amendment filed on 11/10/2025. Per the amendment, claims 11-16, 18, and 21-30 are as currently amended; and claims 17, and 19-20 are as previously presented. Accordingly, claims 11-30 are pending in the instant application.
Claim Objections
Claim 30 is objected to because of the following informalities:
Claim 30, lines 2-3: “two guides configured to support the three chambers and execute a stroke movement along the two guides” should read “two guides configured to support the three chambers, and the three chambers are configured to execute a stroke movement along the two guides” for clarity.
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 21 and 24-26 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.
Claim 21 recites the limitation “the active surfaces of the two respective massage bubbles are both oriented downward at the acute angle of substantially 10°” in lines 1-2. The scope of “downward” is unclear as there is no reference location recited to indicate what would be a “downward” direction. For the purpose of examination, the above limitation will be interpreted as – the active surfaces of the two respective massage bubbles are oriented to contact and implement a massage function on a region of a user corresponding to the muscle groups of the neck and shoulders of the user – based on [0073] and [0086] of Applicant’s specification (see PGPub US 2023/0103214 A1).
Claims 24-26 recite the limitation “two inner massage bubbles are tilted downward at a first angle of substantially 34° and two outer massage bubbles are tilted downward at a second angle of substantially 26°”. Similar to claim 21 above, the scope of “downward” is unclear as there is no reference location recited to indicate what would be a “downward” direction. For the purpose of examination, the above limitation will be interpreted as – two inner massage bubbles and two outer massage bubbles are oriented to contact and implement a massage function on a region of a user corresponding to the muscle groups of the neck and shoulders of the user – based on [0097] of Applicant’s specification (see PGPub US 2023/0103214 A1).
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 11, 17-18, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lem et al. (US 10258535 B2), hereinafter Lem.
Regarding claim 11, Lem discloses a massage system (see Fig. 9) comprising:
a seat (10; Fig. 9) comprising
a headrest (headrest attached to seatback 14, see Fig. 9),
a backrest (14; Fig. 9), and
a seat surface (12; Fig. 9), wherein the backrest (14; Fig. 9) comprises two side bolsters (see side bolsters in Annotated Fig. 9 below), each side bolster comprises at least one massage bubble entirely contained within the respective side bolster (each side bolster has a massage bladder 98 entirely contained within the respective side bolster, see Fig. 9), at least one plane is defined for the seat (plane along center line 22, where the plane divides the seat 10 in half into a left side and a right side; Fig. 9), each massage bubble in a first side bolster is symmetrical across the at least one plane with each massage bubble in a second side bolster (massage bladders 98 within each of the two side bolsters are symmetrical across the plane created along center line 22, see Fig. 9), the at least one plane is spanned by a longitudinal axis of the seat (the plane formed along center line 22 spans across a longitudinal axis of seat 10 to dived the seat 10 in half into symmetrical left and right sides, see Fig. 9) and a vertical axis of the seat (the plane spans along center line 22, where center line 22 is a vertical axis, see Fig. 9), the at least one plane respectively separates a first side of the seat and a second side of the seat from one another and bisects the seat (plane along center line 22 bisects seat 10 to separate a left side of seat 10 from a right side of seat 10, see Fig. 9), at least one massage element (16 and 34; Fig. 9) is arranged in at least one component of the seat (16 and 34 are arranged in seatback 14, see Fig. 9), the at least one massage element (16 and 34; Fig. 9) has at least one active surface (at least one surface of a massage bladder 18 of the set of massage bladders 16 and 34 contacts back of an occupant 8 to implement a massaging action, see Col. 3, lines 13-16), which is arranged on at least one of the first side of the seat and the second side of the seat (34 is arranged on the left side of seat 10, and 16 is arranged on the right side of seat 10, see Fig. 9), the at least one active surface of the at least one massage element executes at least one stroke movement which is oriented parallel, downwards, and/or upwards at least partially in a direction of the at least one plane and/or as relates to the seat surface (the massage bladder 18 of sets 16 and 34 extend diagonally along long diagonal 20, see Fig. 2B, a stroke movement is executed in a partially upward direction of the plane formed by center line 22 and in relation to seat surface 12 by the contact surfaces of massage bladders 18 as massage bladders 18 inflate sequentially along diagonal; Figs. 2B and 9; Col. 4, lines 39-42), to have contact with a region of a body of a person sitting in the seat and to implement a massage for said region (a rubbing/stroke movement is executed on the back of the occupant hence, the contact surfaces of massage bladders 18 have contact with the body of the occupant of seat 10 and a massage action is performed on occupant’s back, see Col. 4, lines 39-42).
PNG
media_image1.png
452
397
media_image1.png
Greyscale
Annotated Fig. 9
Regarding claim 17, Lem discloses the invention as set forth in claim 11, wherein at least one side bolster of the two side bolsters (see side bolsters of backrest 14 in Annotated Fig. 9 below) is configured to execute a movement (both side bolsters of backrest 14 contain seat configuration bladders 98, where seat configuration bladders 98 can be inflated and deflated to change the general configuration of the seating surfaces of seat 10, hence the two side bolsters execute a movement via the inflation and deflation of seat configuration bladders 98; Col. 7, lines 13-20) which is at least partially oriented in the direction of the at least one plane (side bolsters are angled inward toward the plane along center line 22, see claim 11 above, hence the inflation and deflation of seat configuration bladders 98 is at least partially oriented in the direction of the plane).
PNG
media_image1.png
452
397
media_image1.png
Greyscale
Annotated Fig. 9
Regarding claim 18, Lem discloses, a method for massaging a region of a body of a person sitting in a seat (Col. 1, line 63 to Col. 2, line 5; seat 10, see Fig. 9) comprising a headrest (headrest attached to seatback 14, see Fig. 9), a backrest (14; Fig. 9), and a seat surface (12; Fig. 9), wherein the backrest (14; Fig. 9) comprises two side bolsters (see side bolsters in Annotated Fig. 9 below), each side bolster comprises at least one massage bubble entirely contained within the respective side bolster (each side bolster has a massage bladder 98 entirely contained within the respective side bolster, see Fig. 9), at least one plane is defined for the seat (plane along center line 22, where the plane divides the seat 10 in half into a left side and a right side; Fig. 9), each massage bubble in a first side bolster is symmetrical across the at least one plane with each massage bubble in a second side bolster (massage bladders 98 within each of the two side bolsters are symmetrical across the plane created along center line 22, see Fig. 9), wherein the at least one plane is spanned by a longitudinal axis (the plane formed along center line 22 spans across a longitudinal axis of seat 10 to dived the seat 10 in half into symmetrical left and right sides, see Fig. 9) and a vertical axis of the seat (the plane spans along center line 22, where center line 22 is a vertical axis, see Fig. 9), the at least one plane respectively separates a first side of the seat and a second side of the seat from one another and bisects the seat (plane along center line 22 bisects seat 10 to separate a left side of seat 10 from a right side of seat 10, see Fig. 9), wherein at least one massage element (16 and 34; Fig. 9) is arranged in at least one component of the seat (16 and 34 are arranged in seatback 14, see Fig. 9), the at least one massage element has at least one active surface (16 and 34; Fig. 9) has at least one active surface (at least one surface of a massage bladder 18 of the set of massage bladders 16 and 34 contacts back of an occupant 8 to implement a massaging action, see Col. 3, lines 13-16) which is arranged on at least one of the sides of the seat (34 is arranged on the left side of seat 10, and 16 is arranged on the right side of seat 10, see Fig. 9), a stroke movement is executed by the at least one active surface of the at least one massage element (the massage bladder 18 of sets 16 and 34 extend diagonally along long diagonal 20, see Fig. 2B, a stroke movement; Col. 4, lines 39-42), which stroke movement is oriented parallel, downwards, and/or upwards at least partially in a direction of the at least one plane and/or relative to the seat surface (a stroke movement is executed in a partially upward direction of the plane formed by center line 22 and in relation to seat surface 12 by the contact surfaces of massage bladders 18 as massage bladders 18 inflate sequentially along diagonal; Figs. 2B and 9; Col. 4, lines 39-42), and the region of the body of the person sitting in the seat is in contact and is massaged with the at least one active surface of the at least one massage element (a rubbing/stroke movement is executed on the back of the occupant hence, the contact surfaces of massage bladders 18 have contact with the body of the occupant of seat 10 and a massage action is performed on occupant’s back, see Col. 4, lines 39-42).
PNG
media_image1.png
452
397
media_image1.png
Greyscale
Annotated Fig. 9
Regarding claim 20, Lem discloses the invention as set forth in claim 18, wherein air is filled into pneumatic massage bubbles, wherein an equivalent quantity of air is stored in at least two of the pneumatic massage bubbles and/or different quantities of the air are stored in at least two pneumatic massage bubbles at a point in time (individual massage bladders 18a-18f are independently inflatable, hence at any given point in time at least two of the individual massage bladders 18a-18f can have an equivalent quantity of air stored therein or have different quantities of air stored therein; Col. 3, lines 10-12).
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 14, 19, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Lem et al. (US 10258535 B2), hereinafter Lem.
Regarding claim 14, Lem discloses the invention as set forth in claim 11. Lem does not explicitly disclose wherein active surfaces of two respective massage bubbles together form a concave cavity on a surface of the headrest.
However, Lem does disclose a seat configuration bladder (98; Fig. 9) located on the headrest (see Annotated Fig. 9 below), where the massage bladders sets (sets 16 and 34 of massage bladders 18; Fig. 9) can be positioned over the seat configuration bladders (98; Col. 7, lines 20-22), hence two sets of massage bladders (two sets of massage bladders 18; Fig. 9) can be arranged on the seat configuration bladder (98; Fig. 9) of the headrest similarly to the two sets of massage bladders (sets 16 and 34 of massage bladders 18; Fig. 9) arranged on the seat configuration bladders (98; Fig. 9) located on the backrest (14; Fig. 9). Additionally, the off-centered and diagonal overlapping of the massage bladders (18, see Fig. 2B) creates a concave cavity between the two sets of massage bladders (sets 16 and 34 of massage bladders 18) and the surface of the headrest facing the user’s head when the massage bladders (18; Fig. 9) are inflated.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Lem to explicitly teach the seat configuration bladder (98; Fig. 9) located on the headrest (see Annotated Fig. 9 below) to include two sets of massage bladders (sets 16 and 34 of massage bladders 18; Fig. 9), similarly to the arrangement of the two sets of massage bladders (sets 16 and 24 of massage bladders 18; Fig. 9) located on the seat configuration bladders (98; Fig. 9) on the backrest (14; Fig. 9), such that the inflation of the two sets of massage bladders on the headrest (sets 16 and 34 of bladders 18 located on headrest; Fig. 9) cause the active surfaces of the massage bladders (surface of massage bladder 18 that contacts the user’s body, see claim 11) to form a concave cavity on the surface of the head rest to implement a massage function on the user’s head and/or neck (Lem: Col. 7, lines 20-24).
PNG
media_image2.png
292
354
media_image2.png
Greyscale
Annotated Fig. 9
Regarding claim 19, Lem discloses the invention as set forth in claim 18. The seat (10; Fig. 9) of Lem does not explicitly disclose wherein the region of the body of the person is a neck, a shoulder, and a lateral torso.
However, an alternative embodiment taught by Lem (see Fig. 7) teaches an arrangement of a plurality of sets of massage bladders (218, 216, 240a-240f, 234a-234g; see Fig. 7) to contact and implement a massage on a user’s neck, shoulders, and lateral torso (see Fig. 7).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the seat (10; Fig. 9) taught by Lem to have the arrangement of the plurality sets of massage bladders (218, 216, 240a-240f, 234a-234g; see Fig. 7) taught by an alternative embodiment of Lem depicted in Fig. 7, such that the region of the body of the person in contact with and massaged by at least one active surface of the at least one massage element (see claim 18 above) is a neck, a shoulder, and a lateral torso (see Fig. 7) to implement various types of massages among different muscle groups of the user (Col. 6, lines 64-67).
Regarding claim 26, Lem as modified discloses the invention as set forth in claim 14. Lem as modified does not explicitly teach wherein two inner massage bubbles are tilted downward at a first angle of substantially 34° and two outer massage bubbles are tilted downward at a second angle of substantially 26°.
However, Lem does teach the massage bladders sets (sets 16 and 34 of massage bladders 18; Fig. 9) can be positioned over the seat configuration bladders (98; Col. 7, lines 20-22). Additionally, Lem teaches an alternative arrangement of a plurality of sets of massage bladders (218, 216, 240a-240f, 234a-234g; see Fig. 7), where the active surfaces of two massage bladder sets (234g and 240f; Fig. 7) to contact and massage an upper shoulder region and lower neck region of the user (250, see Fig. 7; Col. 6, line 57 to Col. 7, line 2).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the seat (10; Fig. 9) taught by Lem to have the arrangement of the plurality sets of massage bladders (218, 216, 240a-240f, 234a-234g; see Fig. 7) taught by an alternative embodiment of Lem depicted in Fig. 7, where the two sets of massage bladders (234g and 240f; Fig. 7) extend downward diagonally (see 236g and 241f in Lem Fig. 7; see Lem Col. 6, lines 51-56) and each set of massage bladders (234g and 240f; Fig. 7) have at least one inner individual massage bladder (massage bladder located closest to center line 222; Fig. 7) and at least one outer individual massage bladder (massage bladder located furthest from to center line 222; Fig. 7), such that two inner massage bubbles (massage bladder located closest to center line 222 of massage bladder sets 234g and 240f; Fig. 7) are tilted downward at an angle such that the active surface of the two inner massage bubbles contacts and massages the neck and/or shoulders of the user (Col. 6, line 57 to Col. 7, line 2; Fig. 7) and two outer massage bubbles (massage bladder located furthest from to center line 222 of massage bladder sets 234g and 240f; Fig. 7) are tilted downward at an angle such that the active surface of the two outer massage bubbles contact and massage the neck and/or shoulders of the user (Col. 6, line 57 to Col. 7, line 2; Fig. 7) to implement different types of massages on different muscle groups and regions of the user’s body (Col. 6, lines 66-67).
Claims 12-13, 15-16, 21-25, 27-29, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Lem et al. (US 10258535 B2), hereinafter Lem, in view of Yoo (KR 20130061385 A).
Regarding claim 12, Lem discloses the invention as set forth in claim 11. Lem fails to explicitly disclose wherein active surfaces of two respective massage bubbles are oriented at an acute angle of substantially 10° in the direction of the at least one plane.
However, Yoo teaches an analogous massage system with air cells (air cell set 201 with air cells 201a-201c and air cell set 211 with air cells 211a-211c; Fig. 5), where the active surfaces of two respective air cells (contact surfaces of 211b and 211c, see Fig. 5) are, as best understood by the Examiner, oriented at an acute angle of 14° (see Annotated Fig. 5 of Yoo below) in the direction of a central plane dividing the massage system into symmetrical left and right halves (Fig. 5).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to replace the two sets of massage bladders (sets 16 and 34 of massage bladders 18; Fig. 9) as taught by Lem with the two sets of air cells (Yoo: air cell set 201 with air cells 201a-201c and air cell set 211 with air cells 211a-211c; Fig. 5) taught by Yoo such that the wherein active surfaces of two respective massage bubbles (Yoo: contact surfaces of 211b and 211c, see Fig. 5) are oriented at an acute angle of substantially 10° in the direction of the at least one plane (angle between active surfaces of 211b and 211c is approximately 14°, see Annotated Fig. 5 of Yoo below) to improve the implemented massage function by more precisely controlling the inflation and deflation of the massage bubbles (Yoo: last sentence of [0024], see provided translation).
PNG
media_image3.png
420
584
media_image3.png
Greyscale
Annotated Fig. 5 of Yoo
Regarding claim 13, Lem discloses the invention as set forth in claim 11. Lem discloses the claimed invention as set forth in claim 11, and further discloses each massage bubble (98, 16, and 34; Fig. 9) is formed as a pneumatic massage bubble (98 and 18 are massage bladders that is inflated and deflated to perform a massaging function, where 16 and 34 are sets of massage bladders 18, hence 98, 16, and 34 are pneumatic massage bubbles). Lem further discloses massage bladder sets 16 and 34 have at least one upper chamber and at least one lower chamber (see Fig. 2B, where massage bladders 18 are arranged overlayed and stack in a diagonal arrangement; Col. 3, lines 56-58). While Lem does not explicitly disclose the seat configuration bladders (98; Fig. 9) include at least one upper chamber and at least one lower chamber, Lem does teach the massage bladders sets (sets 16 and 34 of massage bladders 18; Fig. 9) can be positioned over the seat configuration bladders (98; Col. 7, lines 20-22).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify each seat configuration bladder (98; Fig. 9) such that each seat configuration bladder (98; Fig. 9) has at least a first upper chamber and a first lower chamber of stacked massage bladders (18; see 16 and 34 for example of arrangement of stacked massage bladders 18) as taught by Lem (Col. 3, lines 56-58; Figs. 2B and 9) to implement a massage function to the user regardless of the implemented configuration of the seat due to the inflation and deflation of the seat configuration bladders (Col. 7, lines 20-24).
Lem, as modified, fails to teach the first upper chamber and the second lower chamber of each pneumatic massage bubble being pneumatically connected to one another by an overflow element.
However, Yoo teaches an analogous massage system with air cells (air cell set 201 with air cells 201a-201c and air cell set 211 with air cells 211a-211c; Fig. 5), where the air cells (201a-201c and 211a-211c; Fig. 5) of the two air cell sets (201 and 211; Fig. 5) are pneumatically connected (Fig. 5; [0024], see provided translation).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the two sets of massage bladders (16 and 34; Fig. 9) taught by Lem to have a pneumatic connection in between the individual massage bladders (18; Fig. 9) as taught by Yoo (201, 201a-201c, 211, 211a-211c; Fig. 5; [0024], see provided translation) such that at least a first upper massage bladder (18; Fig. 9) and at least a first lower massage bladder (18; Fig. 9) are pneumatically connected with an opening positioned where the two massage bladders are overlayed (see Fig. 2B) for each set of massage bladders (16 and 34; Fig. 9) to more precisely control the massage type and pattern implemented by the massage bladder (Yoo: last sentence of [0024], see provided translation).
Regarding claim 15, Lem discloses the invention as set forth in claim 11. Lem discloses the claimed invention as set forth in claim 11, and further discloses each massage bubble (98, 16, and 34; Fig. 9) is formed as a pneumatic massage bubble (98 and 18 are massage bladders that is inflated and deflated to perform a massaging function, where 16 and 34 are sets of massage bladders 18, hence 98, 16, and 34 are pneumatic massage bubbles). Lem further discloses massage bladder sets 16 and 34 have three chambers (set 16 has massage bladders 18a-18c, set 34 has massage bladders 18d-18f; Fig. 3). While Lem does not explicitly disclose the seat configuration bladders (98; Fig. 9) include three chambers, Lem does teach the massage bladders sets (sets 16 and 34 of massage bladders 18; Fig. 9) can be positioned over the seat configuration bladders (98; Col. 7, lines 20-22).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify each seat configuration bladder (98; Fig. 9) such that each seat configuration bladder (98; Fig. 9) has at least one set of massage bladders, where each set of massage bladders has three chambers (set 16 has massage bladders 18a-18c, set 34 has massage bladders 18d-18f; Fig. 3) as taught by Lem (see Fig. 3; Col. 3, lines 56-58) to implement a massage function to the user regardless of the implemented configuration of the seat due to the inflation and deflation of the seat configuration bladders (Col. 7, lines 20-24).
Lem, as modified, fails to teach each chamber is pneumatically connected to one another by a respective overflow element.
However, Yoo teaches an analogous massage system with air cells (air cell set 201 with air cells 201a-201c and air cell set 211 with air cells 211a-211c; Fig. 6) positioned along guide members (202 and 212; Fig. 6), where the air cells (201a-201c and 211a-211c; Fig. 6) of the two air cell sets (201 and 211; Fig. 6) are pneumatically connected (Fig. 6; [0024], see provided translation).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the sets of massage bladders with three chambers (set 16 has massage bladders 18a-18c, set 34 has massage bladders 18d-18f; Fig. 3) taught by Lem to have a pneumatic connection in between the individual massage bladders (18; Fig. 9) as taught by Yoo (201, 201a-201c, 211, 211a-211c; Fig. 6; [0024], see provided translation) such that the individual massage bladders (18a-18f; Fig. 3) are pneumatically connected by an opening positioned where two individual massage bladders overlap (see dashed line boxes in Fig. 2B) for each set of massage bladders (16 and 34; Fig. 9) to more precisely control the massage type and pattern implemented by the massage bladder (Yoo: last sentence of [0024], see provided translation).
Regarding claim 16, Lem discloses the invention as set forth in claim 11. Lem does not explicitly disclose at least one control unit (controller 60) configured to perform a stroke movement (controller 60 controls the inflation of massage bladders 18, where massage bladders 18 extend along diagonal 20, see Fig. 2B, to implement a stroke movement) superposed by a rotation enabled by off-center overflow elements.
However, Yoo teaches an analogous massage system with air cells (air cell set 201 with air cells 201a-201c and air cell set 211 with air cells 211a-211c; Fig. 5), where the air cells (201a-201c and 211a-211c; Fig. 5) of the two air cell sets (201 and 211; Fig. 5) are pneumatically connected (Fig. 5; [0024], see provided translation) by off-center openings between the individual air cells (see Fig. 5) causing the air cells to rotate as they are inflating and performing a stroke movement (see Fig. 5).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the sets of massage bladders (sets 16 and 34 of massage bladders 18; Fig. 9) as taught by Lem with the sets of air cells (Yoo: air cell set 201 with air cells 201a-201c and air cell set 211 with air cells 211a-211c; Fig. 5) as taught by Yoo, such that the at least one control unit (controller 60) configured to perform a stroke movement superposed by a rotation enabled by off-center overflow elements (see Yoo [0020] of provided translation; Yoo Fig. 5) to improve control of the massage function and type of massage provided to the user (last sentence of Yoo [0024], see provided translation).
Regarding claim 21, Lem as modified discloses the invention as set forth in claim 12. Lem as modified fails to explicitly teach wherein the active surfaces of the two respective massage bubbles are both oriented downward at the acute angle of substantially 10°.
However, Lem does teach the massage bladders sets (sets 16 and 34 of massage bladders 18; Fig. 9) can be positioned over the seat configuration bladders (98; Col. 7, lines 20-22). Additionally, Lem teaches an alternative arrangement of a plurality of sets of massage bladders (218, 216, 240a-240f, 234a-234g; see Fig. 7), where the active surfaces of two massage bladder sets (234g and 240f; Fig. 7) to contact and massage an upper shoulder region and lower neck region of the user (250, see Fig. 7; Col. 6, line 57 to Col. 7, line 2). Furthermore, Lem as modified teaches active surfaces of two respective massage bubbles (Yoo: contact surfaces of 211b and 211c, see Fig. 5) are oriented at an acute angle of substantially 10° in the direction of the at least one plane (angle between active surfaces of 211b and 211c is approximately 14°, see claim 12 above).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the seat (10; Fig. 9) taught by Lem to have the arrangement of the plurality sets of massage bladders (218, 216, 240a-240f, 234a-234g; see Fig. 7) taught by an alternative embodiment of Lem depicted in Fig. 7, where the two sets of massage bladders (234g and 240f; Fig. 7) have the configuration of the two respective massage bubbles (Yoo: contact surfaces of 211a and 211b, see Fig. 5) disclosed in claim 12, such that the active surfaces of the two respective massage bubbles (Yoo: contact surfaces of 211b and 211c, see Fig. 5) are both oriented downward at the acute angle of substantially 10° (Yoo 211b and Yoo 211c extend diagonally downward, see 234g and 240f in Lem Fig. 7, and are oriented at an acute angle of substantially 10°, see claim 12 above) to implement a massage on the muscles of the shoulder and neck of the user (Lem: Col. 6, lines 64-67).
Regarding claim 22, Lem as modified discloses the invention as set forth in claim 12. Lem as modified does not explicitly teach the active surfaces of the two respective massage bubbles (Yoo: contact surfaces of 211b and 211c, see Fig. 5) together form a concave cavity on a surface of the headrest.
However, Lem does disclose a seat configuration bladder (98; Fig. 9) located on the headrest (see Annotated Fig. 9 below), where the massage bladders sets (sets 16 and 34 of massage bladders 18; Fig. 9) can be positioned over the seat configuration bladders (98; Col. 7, lines 20-22), hence two sets of massage bladders (two sets of massage bladders 18; Fig. 9) can be arranged on the seat configuration bladder (98; Fig. 9) of the headrest similarly to the two sets of massage bladders (sets 16 and 34 of massage bladders 18; Fig. 9) arranged on the seat configuration bladders (98; Fig. 9) located on the backrest (14; Fig. 9). Additionally, the off-centered and diagonal overlapping of the massage bladders (18, see Fig. 2B) creates a concave cavity between the two sets of massage bladders (sets 16 and 34 of massage bladders 18) and the surface of the headrest facing the user’s head when the massage bladders (18; Fig. 9) are inflated.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Lem to explicitly teach the seat configuration bladder (98; Fig. 9) located on the headrest (see Annotated Fig. 9 below) to include two sets of massage bladders (Yoo: air cell set 201 with air cells 201a-201c and air cell set 211 with air cells 211a-211c; Fig. 5), similarly to the arrangement of the two sets of massage bladders (sets 16 and 24 of massage bladders 18; Fig. 9) located on the seat configuration bladders (98; Fig. 9) on the backrest (14; Fig. 9), such that the inflation of the two respective massage bubbles (Yoo: 211b and 211c; Fig. 5) on the headrest (see headrest in Lem Fig. 9) cause the the active surfaces of the two respective massage bubbles (Yoo: contact surfaces of 211a and 211b, see Fig. 5) together form a concave cavity on a surface of the headrest to implement a massage function on the user’s head and/or neck (Lem: Col. 7, lines 20-24).
Regarding claim 23, Lem as modified discloses the invention as set forth in claim 13. Lem, as modified, is silent to wherein active surfaces of two respective massage bubbles together form a concave cavity on a surface of the headrest.
However, Lem does teach a seat configuration bladder (98; Fig. 9) located on the headrest (see Annotated Fig. 9 below), where the massage bladders sets (sets 16 and 34 of massage bladders 18; Fig. 9) can be positioned over the seat configuration bladders (98; Col. 7, lines 20-22), hence two sets of massage bladders (two sets of massage bladders 18; Fig. 9) can be arranged on the seat configuration bladder (98; Fig. 9) of the headrest similarly to the two sets of massage bladders (sets 16 and 34 of massage bladders 18; Fig. 9) arranged on the seat configuration bladders (98; Fig. 9) located on the backrest (14; Fig. 9). Additionally, Lem as modified by Yoo teaches an expansion of the massage bladders (18; Fig. 9) in a diagonal direction when inflated, creating a concave cavity on the surface of a seat (see Yoo Fig. 5).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the seat configuration bladder (98;Fig. 9) of the headrest taught by Lem to include two sets of massage bladders (sets 16 and 34 of massage bladders 18; Fig. 9), similarly to the arrangement of the two sets of massage bladders (sets 16 and 24 of massage bladders 18; Fig. 9) located on the seat configuration bladders (98; Fig. 9) on the backrest (14; Fig. 9), such that the inflation of the two sets of massage bladders on the headrest (sets 16 and 34 of bladders 18 located on headrest; Fig. 9) cause the active surfaces of the massage bladders (surface of massage bladder 18 that contacts the user’s body, see claim 11) to form a concave cavity on the surface of the head rest (see Yoo; Fig. 5) to implement a massage function on the user’s head and/or neck (Lem: Col. 7, lines 20-24).
PNG
media_image2.png
292
354
media_image2.png
Greyscale
Annotated Fig. 9
Regarding claim 24, Lem as modified discloses the invention as set forth in claim 12. Lem as modified does not explicitly teach wherein two inner massage bubbles are tilted downward at a first angle of substantially 34° and two outer massage bubbles are tilted downward at a second angle of substantially 26°.
However, Lem does teach the massage bladders sets (sets 16 and 34 of massage bladders 18; Fig. 9) can be positioned over the seat configuration bladders (98; Col. 7, lines 20-22). Additionally, Lem teaches an alternative arrangement of a plurality of sets of massage bladders (218, 216, 240a-240f, 234a-234g; see Fig. 7), where the active surfaces of two massage bladder sets (234g and 240f; Fig. 7) to contact and massage an upper shoulder region and lower neck region of the user (250, see Fig. 7; Col. 6, line 57 to Col. 7, line 2).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the seat (10; Fig. 9) taught by Lem to have the arrangement of the plurality sets of massage bladders (218, 216, 240a-240f, 234a-234g; see Fig. 7) taught by an alternative embodiment of Lem depicted in Fig. 7, where the two sets of massage bladders (234g and 240f; Fig. 7) extend downward diagonally (see 236g and 241f in Lem Fig. 7; see Lem Col. 6, lines 51-56) and each set of massage bladders (234g and 240f; Fig. 7) have at least one inner individual massage bladder (massage bladder located closest to center line 222; Fig. 7) and at least one outer individual massage bladder (massage bladder located furthest from to center line 222; Fig. 7), such that two inner massage bubbles (massage bladder located closest to center line 222 of massage bladder sets 234g and 240f; Fig. 7) are tilted downward at an angle such that the active surface of the two inner massage bubbles contacts and massages the neck and/or shoulders of the user (Col. 6, line 57 to Col. 7, line 2; Fig. 7) and two outer massage bubbles (massage bladder located furthest from to center line 222 of massage bladder sets 234g and 240f; Fig. 7) are tilted downward at an angle such that the active surface of the two outer massage bubbles contact and massage the neck and/or shoulders of the user (Col. 6, line 57 to Col. 7, line 2; Fig. 7) to implement different types of massages on different muscle groups and regions of the user’s body (Col. 6, lines 66-67).
Regarding claim 25, Lem as modified discloses the invention as set forth in claim 13. Lem as modified does not explicitly teach wherein two inner massage bubbles are tilted downward at a first angle of substantially 34° and two outer massage bubbles are tilted downward at a second angle of substantially 26°.
However, Lem does teach the massage bladders sets (sets 16 and 34 of massage bladders 18; Fig. 9) can be positioned over the seat configuration bladders (98; Col. 7, lines 20-22). Additionally, Lem teaches an alternative arrangement of a plurality of sets of massage bladders (218, 216, 240a-240f, 234a-234g; see Fig. 7), where the active surfaces of two massage bladder sets (234g and 240f; Fig. 7) to contact and massage an upper shoulder region and lower neck region of the user (250, see Fig. 7; Col. 6, line 57 to Col. 7, line 2).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the seat (10; Fig. 9) taught by Lem to have the arrangement of the plurality sets of massage bladders (218, 216, 240a-240f, 234a-234g; see Fig. 7) taught by an alternative embodiment of Lem depicted in Fig. 7, where the two sets of massage bladders (234g and 240f; Fig. 7) extend downward diagonally (see 236g and 241f in Lem Fig. 7; see Lem Col. 6, lines 51-56) and each set of massage bladders (234g and 240f; Fig. 7) have at least one inner individual massage bladder (massage bladder located closest to center line 222; Fig. 7) and at least one outer individual massage bladder (massage bladder located furthest from to center line 222; Fig. 7), such that two inner massage bubbles (massage bladder located closest to center line 222 of massage bladder sets 234g and 240f; Fig. 7) are tilted downward at an angle such that the active surface of the two inner massage bubbles contacts and massages the neck and/or shoulders of the user (Col. 6, line 57 to Col. 7, line 2; Fig. 7) and two outer massage bubbles (massage bladder located furthest from to center line 222 of massage bladder sets 234g and 240f; Fig. 7) are tilted downward at an angle such that the active surface of the two outer massage bubbles contact and massage the neck and/or shoulders of the user (Col. 6, line 57 to Col. 7, line 2; Fig. 7) to implement different types of massages on different muscle groups and regions of the user’s body (Col. 6, lines 66-67).
Regarding claim 27, Lem as modified discloses the invention as set forth in claim 12. Lem as modified does not explicitly disclose at least one control unit (controller 60) configured to perform a stroke movement (controller 60 controls the inflation of massage bladders 18, where massage bladders 18 extend along diagonal 20, see Fig. 2B, to implement a stroke movement) superposed by a rotation enabled by off-center overflow elements.
However, Yoo teaches an analogous massage system with air cells (air cell set 201 with air cells 201a-201c and air cell set 211 with air cells 211a-211c; Fig. 5), where the air cells (201a-201c and 211a-211c; Fig. 5) of the two air cell sets (201 and 211; Fig. 5) are pneumatically connected (Fig. 5; [0024], see provided translation) by off-center openings between the individual air cells (see Fig. 5) causing the air cells to rotate as they are inflating and performing a stroke movement (see Fig. 5).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the sets of massage bladders (sets 16 and 34 of massage bladders 18; Fig. 9) as taught by Lem with the sets of air cells (Yoo: air cell set 201 with air cells 201a-201c and air cell set 211 with air cells 211a-211c; Fig. 5) as taught by Yoo, such that the at least one control unit (controller 60) configured to perform a stroke movement superposed by a rotation enabled by off-center overflow elements (see Yoo [0020] of provided translation; Yoo Fig. 5) to improve control of the massage function and type of massage provided to the user (last sentence of Yoo [0024], see provided translation).
Regarding claim 28, Lem as modified discloses the invention as set forth in claim 13. Lem as modified does not explicitly disclose at least one control unit (controller 60) configured to perform a stroke movement (controller 60 controls the inflation of massage bladders 18, where massage bladders 18 extend along diagonal 20, see Fig. 2B, to implement a stroke movement) superposed by a rotation enabled by off-center overflow elements.
However, Yoo teaches an analogous massage system with air cells (air cell set 201 with air cells 201a-201c and air cell set 211 with air cells 211a-211c; Fig. 5), where the air cells (201a-201c and 211a-211c; Fig. 5) of the two air cell sets (201 and 211; Fig. 5) are pneumatically connected (Fig. 5; [0024], see provided translation) by off-center openings between the individual air cells (see Fig. 5) causing the air cells to rotate as they are inflating and performing a stroke movement (see Fig. 5).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the sets of massage bladders (sets 16 and 34 of massage bladders 18; Fig. 9) as taught by Lem with the sets of air cells (Yoo: air cell set 201 with air cells 201a-201c and air cell set 211 with air cells 211a-211c; Fig. 5) as taught by Yoo, such that the at least one control unit (controller 60) configured to perform a stroke movement superposed by a rotation enabled by off-center overflow elements (see Yoo [0020] of provided translation; Yoo Fig. 5) to improve control of the massage function and type of massage provided to the user (last sentence of Yoo [0024], see provided translation).
Regarding claim 29, Lem as modified discloses the invention as set forth in claim 14. Lem does not explicitly disclose at least one control unit (controller 60) configured to perform a stroke movement (controller 60 controls the inflation of massage bladders 18, where massage bladders 18 extend along diagonal 20, see Fig. 2B, to implement a stroke movement) superposed by a rotation enabled by off-center overflow elements.
However, Yoo teaches an analogous massage system with air cells (air cell set 201 with air cells 201a-201c and air cell set 211 with air cells 211a-211c; Fig. 5), where the air cells (201a-201c and 211a-211c; Fig. 5) of the two air cell sets (201 and 211; Fig. 5) are pneumatically connected (Fig. 5; [0024], see provided translation) by off-center openings between the individual air cells (see Fig. 5) causing the air cells to rotate as they are inflating and performing a stroke movement (see Fig. 5).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the sets of massage bladders (sets 16 and 34 of massage bladders 18; Fig. 9) as taught by Lem with the sets of air cells (Yoo: air cell set 201 with air cells 201a-201c and air cell set 211 with air cells 211a-211c; Fig. 5) as taught by Yoo, such that the at least one control unit (controller 60) configured to perform a stroke movement superposed by a rotation enabled by off-center overflow elements (see Yoo [0020] of provided translation; Yoo Fig. 5) to improve control of the massage function and type of massage provided to the user (last sentence of Yoo [0024], see provided translation).
Regarding claim 30, Lem as modified discloses the invention as set forth in claim 15, further comprising: two guides (Yoo: 202 and 212, see Yoo Fig. 6) configured to support the three chambers (set 16 with massage bladders 18a-18c is supported by Yoo 202, and set 34 with massage bladders 18d-18f is supported by Yoo 212) and execute a stroke movement along the two guides (massage bladders 18 extend along diagonal 20, see Fig. 2B, to implement a stroke movement; Col. 4, lines 39-42).
Response to Arguments
Applicant’s arguments with respect to claims 11-16, 18, and 21-30 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.
On pages 8-9 of the Remarks (filed 11/10/2025), Applicant argues Durt (US 20090099490) and Kern (US 20060049678) fail to suggest or teach a massage bubble entirely contained within the respective side bolster, as recited in amended claims 11 and 18. While the Examiner agrees, the amended claims 11 and 18 necessitate new grounds for rejection, hence Applicant’s argument is moot. Additionally, Lem (US 10258535 B2) does disclose a massage bubble entirely contained within the respective side bolster (see 35 U.S.C. 102(a)(2) rejection of amended claims 11 and 18 above).
On page 9 of the Remarks, Applicant argues Durt and Kern fail to teach or suggest “each massage bubble is formed as a pneumatic massage bubble comprising a first upper chamber and a second lower chamber which are pneumatically connected to one another by an overflow element”, as recited in amended claim 13. While the Examiner agrees, the amendments to claim 13 necessitate new grounds for rejection, hence Applicant’s argument is moot. Furthermore, Lem in view of Yoo (KR 1020130061385) does teach “each massage bubble is formed as a pneumatic massage bubble comprising a first upper chamber and a second lower chamber which are pneumatically connected to one another by an overflow element” (see 35 U.S.C. 10 rejection of claim 13 above).
On page 9 of the Remarks, Applicant argues Durt and Kern fail to suggest or teach “wherein active surfaces of two respective massage bubbles together form a concave cavity on a surface of the headrest”, as recited in amended claims 14, 22, and 23. While the Examiner agrees, the amendments to claims 14, 22, and 23 necessitate new grounds for rejection, hence Applicant’s argument is moot. Additionally, Lem, and Lem in combination with Yoo, teaches “wherein active surfaces of two respective massage bubbles together form a concave cavity on a surface of the headrest” (see 35 U.S.C. 103 rejection of amended claims 14, 22, and 23 above).
On page 9 of the Remarks, Applicant argues Durt and Kern fail to suggest or teach “wherein each massage bubble is formed as a pneumatic massage bubble comprising three chambers and each chamber is pneumatically connected to one another by a respective overflow element”, as recited in amended claim 15. While the Examiner agrees, the amendments to claim 15 necessitate new grounds for rejection, hence Applicant’s argument is moot. Additionally, Lem in combination with Yoo teaches “wherein each massage bubble is formed as a pneumatic massage bubble comprising three chambers and each chamber is pneumatically connected to one another by a respective overflow element” (see 35 U.S.C. 103 rejection of amended claim 15 above).
On page 10 of the Remarks, Applicant argues Durt and Kern fail to suggest or teach “at least one control unit configured to perform a stroke movement superposed by a rotation enabled by off-center overflow elements”, as recited in amended claims 16 and 27-29. While the Examiner agrees, the amendments to claims 16 and 27-29 necessitate new grounds for rejection, hence Applicant’s argument is moot. Moreover, Lem in combination with Yoo teaches “at least one control unit configured to perform a stroke movement superposed by a rotation enabled by off-center overflow elements” (see 35 U.S.C. 103 rejection of amended claims 16 and 27-29 above).
On page 10 of the Remarks, Applicant argues Durt and Kern fail to teach or suggest “the active surfaces of the two respective massage bubbles are both oriented downward at the acute angle of substantially 10°”, as recited in amended claim 21. While the Examiner agrees, the amendments to claims 16 and 27-29 necessitate new grounds for rejection, hence Applicant’s argument is moot. The Examiner notes the above limitation of amended claim 21 is unclear as there is no reference point disclosed to interpret the downward orientation (e.g., downward in respect to what?). Hence, the above limitation of amended claim 21 was interpreted as – the active surfaces of the two respective massage bubbles are oriented to contact and implement a massage function on a region of a user corresponding to the muscle groups of the neck and shoulders of the user – in light of [0073] and [0086] of Applicant’s specification (see [0073] and [0086] of PGPub US 2023/0103214 A1). Lem in combination with Yoo does teach the active surfaces of the two respective massage bubbles are oriented to contact and implement a massage function on a region of a user corresponding to the muscle groups of the neck and shoulders of the user (see 35 U.S.C. 103 rejection of amended claim 21 above).
On page 10 of the Remarks, Applicant argues Durt and Kern fail to suggest or teach “wherein two inner massage bubbles are tilted downward at a first angle of substantially 34° and two outer massage bubbles are tilted downward at a second angle of substantially 26°”, as recited in amended claims 24-26. While the Examiner agrees, the amendments to claims 16 and 27-29 necessitate new grounds for rejection, hence Applicant’s argument is moot. The Examiner notes the above limitation of amended claims 24-26 is unclear as there is no reference point disclosed to interpret the downward orientation (e.g., downward in respect to what?). Hence, the above limitation of amended claims 24-26 was interpreted as – two inner massage bubbles and two outer massage bubbles are oriented to contact and implement a massage function on a region of a user corresponding to the muscle groups of the neck and shoulders of the user – in light of [0097] of Applicant’s specification (see [0097] of PGPub US 2023/0103214 A1). Lem in combination with Yoo does teach two inner massage bubbles and two outer massage bubbles are oriented to contact and implement a massage function on a region of a user corresponding to the muscle groups of the neck and shoulders of the user (see 35 U.S.C. 103 rejection of amended claims 24-26).
On page 10 of the Remarks, Applicant argues Durt and Kern fail to teach or suggest “two guides configured to support the three chambers and execute a stroke movement along the two guides”, as recited in amended claim 30. While the Examiner agrees, the amendments to claims 16 and 27-29 necessitate new grounds for rejection, hence Applicant’s argument is moot. In addition, Lem in combination with Yoo teaches “two guides configured to support the three chambers and execute a stroke movement along the two guides” (see 35 U.S.C. 103 rejection of amended claim 30).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Arthurs et al. (WO 2019169471 A1): Regarding a pneumatic massage system, where pneumatic air bags have three chambers.
Hester et al. (US 6916300 B2): Regarding a seat massage device with pneumatic massage bladders have at least two chambers, where the chambers of said pneumatic massage bladders and pneumatically connected.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAYLE DALE whose telephone number is (571)272-1080. The examiner can normally be reached Monday-Friday from 8:45am to 5:45pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ABIGAYLE DALE/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
Prosecution Insights