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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 26 August 2026 has been entered.
Claims 15, 16, and 20-28 are currently under consideration. The Office acknowledges the amendments to claims 15 and 23, as well as the cancellation of claims 17-19.
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.
Claim 23 is 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 23 recites the limitation "the data relating to characteristics of the user profile of the user emitted by said at least one sensor" in line 3-4. There is insufficient antecedent basis for this limitation in the claim. While claim 15 does recite data relating to characteristics of a user profile of the user, it does not recite that this data is emitted by the at least one sensor; instead, the data relating to characteristics of the user profile of the user is received via the user terminal.
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.
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.
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 15, 16, and 20-28 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (U.S. Pub. No. 2007/0282159 A1; hereinafter known as “Sato”), in view of Tomiyama et al. (U.S. Pub. No. 2018/0140798 A1; cited in the Office action of 09 October 2025; hereinafter known as “Tomiyama”).
Regarding claim 15, Sato discloses a management system to manage at least one of sleep and well-being of a passenger of an aircraft, the passenger being a user (Abstract; Figs. 7-8), comprising: a chair intended to be occupied by the user and installed in a cabin of the aircraft ([0027]; [0068]; [0087]-[0089]); interaction devices to interact with the user and comprising at least one of the following elements: a temperature regulation device integrated into the chair ([0021]; [0023]); a library of contextual messages stored in a database; a user terminal connected to the database and configured to receive data relating to characteristics of a user profile of the user ([0019]; [0067]-[0068]); at least one sensor integrated into the chair and configured to measure at least one of cardiac activity, respiratory rate, and physical activity of the user; and a control and command module connected to: the database which additionally comprises information relating to characteristics of a flight of the aircraft in which the chair is intended to be installed; the interaction devices; the user terminal; and the at least one sensor; the control and command module being configured to pilot the interaction devices according to the data relating to the characteristics of the user profile, data measured by the at least one sensor, and the characteristics of the flight of the aircraft ([0087]-[0088]). Sato fails to disclose that the management system comprises the at least one sensor. Tomiyama discloses a management system to manage at least one of sleep and well-being of a passenger of an aircraft (Abstract) comprising at least one sensor 110 integrated into a chair 101 and configured to measure at least one of cardiac activity, respiratory rate, and physical activity of a user in order to determine a stress level of the user and take action to alleviate the user’s stress as needed ([0056]-[0058]; [0064]; [0076]-[0079]; [0125]; [0127]; [0134]; [0147]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Sato with such at least one sensor, as taught by Tomiyama, in order to determine a stress level of the user and take action to alleviate the user’s stress as needed.
Regarding claim 16, the combination of Sato and Tomiyama discloses the invention as claimed, see rejection supra, and further discloses that the interaction devices comprise at least one of the following elements: a light device 22b configured to emit a light signal whose wavelength is variable between 400 nm and 700 nm (Sato: [0022]; [0087]; [0103]); a sound environment generator 22d (Sato: [0087]; [0089]); at least one actuator 120 cooperating with the chair so as to modify a position of the chair (Tomiyama: [0067]; [0079]).
Regarding claim 20, the combination of Sato and Tomiyama discloses the invention as claimed, see rejection supra, and Sato further discloses that the control and command module is configured to determine a value representative of at least one of a nervous tension level and a drowsiness level of the user in accordance with the data relating to the characteristics of the user profile ([0080]; [0083]; [0101]); establish a customized program for the user composed of successive tasks to be carried out over a given period, according to information relating to the characteristics of the flight of the aircraft in which the chair is intended to be installed; and pilot the interaction devices according to the value determined and the customized program ([0082]-[0115]).
Regarding claim 21, the combination of Sato and Tomiyama discloses the invention as claimed, see rejection supra, and Sato further discloses that the user terminal is configured to receive contextual data of the user, the contextual data relates an environmental context in which the user is located before, during and after the flight; and the control and command module being configured to pilot the interaction devices according to the contextual data of the user ([0071]; [0076]-[0077]).
Regarding claim 22, the combination of Sato and Tomiyama discloses the invention as claimed, see rejection supra, and Sato further discloses a management method for managing at least one of sleep and well-being of the passenger of the aircraft, the method implementing the management system of claim 15, comprising acquiring the data relating to characteristics of the user profile and the information relating to characteristics of the flight of the aircraft in which the chair intended to be occupied by the user is installed; and piloting at least one of said interaction devices according to the data relating to characteristics of the user profile and the information relating to characteristics of the flight of the aircraft ([0071]-[0074]; [0087]).
Regarding claim 23, the combination of Sato and Tomiyama discloses the invention as claimed, see rejection supra, and further discloses that at least one of a nervous tension level and a drowsiness level of the user is determined in accordance with the data relating to characteristics of the user profile of the user emitted by said at least one sensor (Sato: [0080], [0083], [0094]-[0095], [0101], [0104]; data relating to characteristics of the user profile of the user; Tomiyama: [0076]; data from said at least one sensor).
Regarding claim 24, the combination of Sato and Tomiyama discloses the invention as claimed, see rejection supra, and Sato further discloses that the data relating to the characteristics of the flight of the aircraft comprises data relating to a scheduled take-off time of the aircraft with respect to a time zone of a take-off location, a duration of flight of the aircraft and at a time of a destination location at an end of the flight ([0071]; [0076]-[0077]).
Regarding claim 25, the combination of Sato and Tomiyama discloses the invention as claimed, see rejection supra, and Sato further discloses that the piloting said at least one interaction device comprises conditioning to keep the user awake or to let the user fall asleep according to the data relating to the user profile and the characteristics of the flight of the aircraft ([0087]).
Regarding claim 26, the combination of Sato and Tomiyama discloses the invention as claimed, see rejection supra, and further discloses that in the conditioning to keep the user awake, the control and command module pilots at least one of the following: actuators to conform the chair in a seated position (Tomiyama: [0067]; [0079]) and a light device so that the light source emits a blue light (Sato: [0138]; [0143]).
Regarding claim 27, the combination of Sato and Tomiyama discloses the invention as claimed, see rejection supra, and further discloses that in the conditioning step to let the user fall asleep, the control and command module pilots at least one of the following: actuators to conform the chair in an elongated position (Tomiyama: [0067]; [0079]), a light device so that the light source emits a red light (Sato: [0125]), a temperature regulation device to increase a temperature of the chair (Sato: [0021]; [0023]), and a sound environment generator (Sato: [0087]; [0089]).
Regarding claim 28, the combination of Sato and Tomiyama discloses the invention as claimed, see rejection supra, and further discloses that in response to a determination that the nervous tension level of the user determined is higher than a predetermined level, the command and control module pilots at least one of the following to implement as a priority a relaxation step: actuators to conform the chair in a relaxation position (Tomiyama: [0067]; [0079]), a light device so that the light source emits a red light, and a sound environment generator (Sato: [0079]; [0095]-[0096]; [0104]; [0107]; e.g., where the index/degree of short-temperedness is higher, step S201 is shortened, thus prioritizing the other steps including the relaxation step S204 of generating sound).
Response to Arguments
Applicant’s arguments with respect to the rejections under 35 U.S.C. 112(b) have been fully considered and are persuasive in light of the amendments. The rejections have been withdrawn.
Applicant’s arguments with respect to the rejections under 35 U.S.C. 102 have been fully considered and are persuasive in light of the amendments. Therefore, the rejections have been withdrawn. However, upon further consideration, new grounds of rejection are made, as detailed supra.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THADDEUS B COX whose telephone number is (571)270-5132. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M. Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791
