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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/26/2026 has been entered.
Response to Arguments
Applicant's arguments, filed 01/05/2026, with respect to the 35 USC § 103 rejections to claims 1 and 11 have been fully considered but they are not persuasive. Applicant argues “Iacovone does not disclose such a multi-layer trim cover as defined in claim 1 (see Figures 1A-4B). Onica and Brncick do not make up for the deficiencies of Iacovone. Thus, independent claims 1 and 11, as well as their associated dependent claims, are allowable over the recited combination for at least this reason.”. However, as shown on fig. 3 of Iacovone, trim layer 26 can read on the first trim layer and connection material 24 can read on the second trim layer. Thus, Iacovone in view of Onica and Brncick continues to read on amended claims 1 and 11.
Applicant's arguments, filed 01/05/2026, with respect to the 35 USC § 103 rejections to claim 7 have been fully considered but they are not persuasive. Applicant argues “Iacovone does not disclose this feature (see Figure 3 below)… Instead, Iacovone discloses nesting the insert 50 within a recess formed in the cushion 20. Onica and Brncick do not make up for the deficiencies of Iacovone”. However, as shown on fig. 3 of Iacovone, the area of maximum thickness of the cushion 20 still abuts the end faces of rear layer 56 (flat faces facing left and right on fig. 3). Thus, Iacovone in view of Onica and Brncick continues to read on amended claim 7.
Applicant's arguments, filed 01/05/2026, with respect to the 35 USC § 103 rejections to claim 9, 12-13, and 24 have been fully considered and are persuasive. The 35 USC § 103 rejections to claim 9, 12-13, and 24 have been withdrawn.
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.
Claim(s) 1-4, 7, 10-11, 14 and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iacovone (US 20200247287 A1) in view of Onica (WO 2021126813 A1) and Brncick (US 20100207443 A1).
Regarding claim 1, Iacovone teaches
a ventilation assembly for a seat (conditioning system 2, fig. 3) comprising:
a trim cover (trim layer 26) comprising an occupant surface (facing upwards on fig. 3), the trim cover providing ventilation from a fluid flow when assembled in a seat and during operation (from blower 80), and the trim cover comprising a first layer providing the occupant surface (trim layer 26) and a second layer positioned in contact with, and behind, the first layer (connection material 24, fig. 3);
a cushion (cushion 20) comprising a first outermost surface facing the second layer of the trim cover (top outer boundary of cushion 20 that abuts rear layer 56 and connection material 24) and a second outermost surface facing opposite the first outermost surface (bottom outer boundary of cushion 20 that faces downward on fig. 3), the cushion defining a first orifice (recess 22 of cushion 20)
a ventilation bag (insert 50 and connection insert 86; “The conditioning system may include one or more blowers and one or more inserts (i.e., ventilated trim bags)”) [0022]; “The insert 50 is located within a recess 22 in the cushion 20 and connected to a connection insert 86” [0050], thus connection insert 86 forms ventilation bag with insert 50) positioned against the first outermost surface of the cushion (top outer boundary of cushion 20 abuts insert 50, fig. 3) and in contact with the second layer of the trim cover (insert 50 in contact with connection material 24, fig. 3), the ventilation bag
(i) defining a cavity (cavity within insert 50 as shown on fig. 3) and a channel in fluid communication with the cavity (channel 34 defined by connection insert 86) and disposed opposite the trim cover (channel 34 defined by connection insert 86 disposed on opposite side of cavity within insert 50 from trim layer 26 and connection material 24), the channel connectable with a blower (channel 34 connects to blower 80) through one or more additional layers (cushion 20), and
(ii) is fixed to the trim cover (via connection material 24) such that the fluid flow travels from the ventilation bag to the trim cover or vice versa (“The one or more blowers may move air through one or more inserts that are located within or overlay the backrest cushion, seat cushion, or both. The one or more inserts may distribute air from the blowers”) [0024]; and
a spacer fabric disposed in the cavity (spacer layer 58)
Iacovone does not teach
wherein the ventilation bag extends continuously through the first orifice of the cushion to a second orifice of a substrate (extends through recess 22 of cushion 20, but does not disclose extending to a second orifice of a substrate, or extend continuously)
However, the system of Onica teaches, as shown on fig. 3, a channel connected to an air mover 116 extending through an orifice in both a seat plate 102 and a cushion 18. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the blower 80 of Iacovone mounted on a seat plate to support the cushion 20, as taught in Onica, in order to ensure that the cushion remains stable when a force is exerted on the seat by an occupant.
Additionally, the system of Brncick comprises a similar arrangement to that of Iacovone, however Brncick discloses wherein a bladder 218 which comprises a third sheet 233 fixed to a first sheet 231 defining air chamber 236 (fig. 10a), wherein first sheet 231 further defines air-inlet port 244. The system of Iacovone can be modified to comprise the first sheet 231 structure of Brncick, wherein rear layer 56 of Iacovone is integral with connection insert 86 to form a single sheet defining the cavity and channel with cover layer 54. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make this modification to allow for air to be completely sealed within the cavity and channel to ensure all air is exhausted toward the seat occupant. The modification can also comprise the expanding cross section of air-inlet port 244 of Brncick in the flow direction, to continue to satisfy “The insert 50 includes an opening 60 in the rear layer 56 that is larger than a channel 34 in the cushion 20 so that fluid freely enters the insert 50” [0051 of Iacovone].
Thus, the combination teaches
wherein the ventilation bag extends continuously through the first orifice of the cushion to a second orifice of a substrate (Onica as applied to Iacovone would comprise the system of Iacovone wherein the blower 80 is mounted to an additional seat plate layer between the blower 80 and cushion 20, thus the connection insert 86 extends through an orifice in both a seat plate and cushion 20; as further modified by the first sheet 231 structure of Brncick, rear layer 56 of Iacovone is integral with connection insert 86 to form a single sheet defining the cavity and channel with cover layer 54, thus extend continuously through a first orifice of the cushion 20)
Regarding claim 2, Iacovone, as modified, teaches the ventilation assembly of claim 1,
wherein the ventilation bag is sewn or welded to the trim cover (“The insert 50 is connected to the trim layer 26 via a connection material 24 (e.g., sewing or adhesive)”) [0058]
Regarding claim 3, Iacovone, as modified, teaches the ventilation assembly of claim 1,
wherein the ventilation bag is fixed to the trim cover at least partially along an outer periphery (connection material 24 extends the entire length of trim layer 26 as shown on fig. 3, thus fixed along an outer periphery of insert 50)
Regarding claim 4, Iacovone, as modified, teaches the ventilation assembly of claim 1,
wherein the substrate supports a blower (as shown on fig. 3 of Onica)
Regarding claim 7, Iacovone, as modified, teaches the ventilation assembly of claim 1,
wherein the ventilation bag comprises a first sheet adjacent to the second layer of the trim cover (cover layer 54 adjacent connection material 24) and a second sheet (rear layer 56) fixedly sealed to the first sheet (via peripheral seam 52) and opposite the trim cover (rear layer 56) such that the first and second sheets define the cavity and the channel (as shown on fig. 10a of Brncick, as applied to Iacovone regarding claim 1, bladder 218 comprises third sheet 233 fixed to first sheet 231, thus defining air chamber 236, wherein first sheet 231 further defines air-inlet port 244), and
wherein a maximum thickness of the cushion is defined as a distance between the first outermost surface and the second outermost surface (maximum thickness of cushion 20 wherein top outer boundary of cushion 20 abuts connection material 24 aligned with opposite bottom outer boundary of cushion 20), and wherein the second sheet rests against the first outermost surface along an area comprising the maximum thickness (end faces of rear layer 56 (flat faces facing left and right on fig. 3) abut top outer boundary of cushion 20 wherein top outer boundary of cushion 20 comprises area of maximum thickness on left and right side, fig. 3)
Regarding claim 10, Iacovone teaches
a vehicle seat comprising the ventilation assembly of claim 1 (“The present teachings relate generally an insert that provides climate control, and more specifically an insert that is integrated into a trim layer so that one or more blowers provide conditioning to a vehicle seat”) [0001] and a seat frame supporting the ventilation assembly (“a frame of a seat”) [0026]
Regarding claim 11, Iacovone teaches
a seat subassembly (conditioning system 2, fig. 3) comprising:
a trim cover (trim layer 26) comprising an exposed surface (top side of trim layer 26 on fig. 3) and an unexposed surface opposite the exposed surface (bottom side of trim layer 26 on fig. 3), the trim cover providing ventilation to an occupant adjacent to the exposed surface when a fluid flow is received at the unexposed surface (from blower 80), the trim cover comprising a first layer providing the exposed surface (trim layer 26) and a second layer positioned in contact with, and behind, the first layer (connection material 24, fig. 3);
a cushion (cushion 20) comprising a first outermost surface facing the trim cover (top outer boundary of cushion 20 that abuts rear layer 56 and connection material 24) and a second outermost surface facing opposite the first outermost surface (bottom outer boundary of cushion 20 that faces downward on fig. 3);
a blower (blower 80)
a first sheet (cover layer 54) fixed to the trim cover (via connection material 24) and disposed between the second layer of the trim cover and the carrier (as shown on fig. 3);
a second sheet (rear layer 56) positioned between the first sheet and the first outermost surface of the cushion (as shown on fig. 3) to form a ventilation bag between the first sheet and the second sheet (forming insert 50), the second sheet sealed to the first sheet (via seam 52) such that the first sheet and the second sheet define a cavity (cavity within insert 50 as shown on fig. 3), the channel receiving the fluid flow from the blower through the first orifice (channel 34 as shown on fig. 3);
a spacer disposed in the cavity (spacer 58); and
one or more additional layers (cushion 20) disposed between the second sheet and the carrier such that the channel provides a passage through the one or more additional layers (as shown on fig. 3), wherein the second sheet extends through a second orifice of a cushion (rear layer 56 extends though recess 22 of cushion 20) and wherein ventilation is provided to or from the blower through the cavity and to or from the occupant adjacent to the trim cover (“The one or more blowers may move air through one or more inserts that are located within or overlay the backrest cushion, seat cushion, or both. The one or more inserts may distribute air from the blowers”) [0024]
Iacovone does not teach
a carrier contacting the second outermost surface of the cushion, the carrier supporting a blower and defining a first orifice that receives the fluid flow from the blower, the first orifice aligned with a second orifice in the cushion;
such that the first sheet and the second sheet define a cavity including a channel (defines cavity within insert 50, but does not disclose defining channel 34)
wherein the second sheet of the ventilation bag extends continuously through a second orifice of the cushion to the first orifice of the carrier
However, the system of Onica teaches, as shown on fig. 3, a channel connected to an air mover 116 extending through an orifice in both a seat plate 102 and a cushion 18. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the blower 80 of Iacovone mounted on a seat plate to support the cushion 20, as taught in Onica, in order to ensure that the cushion remains stable when a force is exerted on the seat by an occupant.
Thus, the combination teaches
a carrier contacting the second outermost surface of the cushion, the carrier supporting a blower and defining a first orifice that receives the fluid flow from the blower (Onica as applied to Iacovone would comprise the system of Iacovone wherein the blower 80 is mounted to an additional seat plate layer between the blower 80 and cushion 20, thus the connection insert 86 extends through an orifice in a seat plate in addition to a cushion), the first orifice (through hole 28) aligned with a second orifice (recess 22) in the cushion
Brncick teaches
such that the first sheet and the second sheet define a cavity including a channel (as shown on fig. 10a, bladder 218 comprises third sheet 233 fixed to first sheet 231, thus defining air chamber 236, wherein first sheet 231 further defines air-inlet port 244)
The system of Brncick comprises a similar arrangement to that of Iacovone. The system of Iacovone can be modified to comprise the first sheet 231 structure of Brncick, wherein rear layer 56 of Iacovone is integral with connection insert 86 to form a single sheet defining the cavity and channel with cover layer 54. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make this modification to allow for air to be completely sealed within the cavity and channel to ensure all air is exhausted toward the seat occupant. The modification can also comprise the expanding cross section of air-inlet port 244 of Brncick in the flow direction, to continue to satisfy “The insert 50 includes an opening 60 in the rear layer 56 that is larger than a channel 34 in the cushion 20 so that fluid freely enters the insert 50” [0051 of Iacovone].
The combination teaches
wherein the second sheet of the ventilation bag extends continuously through the second orifice of the cushion to the first orifice of the carrier (rear layer 56 extends though recess 22 of cushion 20, as previously specified; integral rear layer 56 and connection insert 86 as modified by Brncick would also extend through orifice of additional seat plate layer as modified by Onica)
Regarding claim 14, Iacovone, as modified, teaches
a seat assembly (“The present teachings relate generally an insert that provides climate control, and more specifically an insert that is integrated into a trim layer so that one or more blowers provide conditioning to a vehicle seat”) [0001] comprising a seat frame and the seat subassembly of claim 11 supported by the seat frame (“a frame of a seat”) [0026]
Regarding claim 21, Iacovone, as modified, teaches the ventilation assembly of claim 1,
wherein the channel is disposed and sealed around an outlet of the blower (as shown on fig. 3)
Regarding claim 22, Iacovone, as modified, teaches the ventilation assembly of claim 1,
wherein the channel is disposed within an outlet of the blower (as shown on fig. 3, connection insert 86 continues to surround entirety of hole 28 comprising blower 80; thus, hole 28 can be included as part of channel of claim 1, wherein space of hole 28 is disposed within an outlet area of the blower 80)
Regarding claim 23, Iacovone, as modified, teaches the ventilation assembly of claim 1,
wherein the channel engages the substrate (as shown on fig. 3 of Onica, aperture 114 engages seat plate 102)
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iacovone (US20200247287A1) in view of Onica (WO2021126813A1) and Brncick (US20100207443A1), in further view of Gupta (US20190291613A1).
Regarding claim 5, Iacovone, as modified, does not teach the ventilation assembly of claim 4,
wherein the one or more additional layers comprise a foamless mesh (Iacovone teaches “The one or more cushions may be a foam material that provides cushioning to an occupant seated on the cushion”) [0030]
Gupta teaches
wherein the one or more additional layers comprise a foamless mesh (the base layer 112 is made using a cushion foam, a nylon wire mesh, or another non-metallic material) [0021]
Gupta discloses the use of mesh as an alternative to foam. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cushion 20 of Iacovone as a mesh material, as taught in Gupta, due to the breathability of mesh to keep a passenger cooler in warm weather.
Allowable Subject Matter
Claims 15-16, 18-20 and 25 are allowed. Claims 9, 12-13, and 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 15, the subject matter not found includes “a trim cover comprising a first layer and a second layer positioned in contact with the first layer, wherein the second layer is made from at least one of a spacer fabric or a foam”, in combination with “a foamless cushion”, “a membrane disposed between the first outermost surface of the cushion and in contact with the second layer of the trim cover and the membrane is configured to extend continuously through the second orifice to the first orifice”, and the other elements of the claim. The closest art of record is Iacovone (US20200247287A1) in view of Onica (WO2021126813A1) and Brncick (US20100207443A1), as applied in the current office action, however no other prior art was found to teach the claim in its entirety.
Claims 16, 18-20 and 25 are allowable based on their dependence to claim 15.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Regarding claims 9 and 12, the subject matter not found includes “the cushion comprises a foamless cushion; and the second layer of the trim cover is made from at least one of a spacer fabric or a foam” in combination with the other elements of the claim. The closest art of record is Iacovone (US20200247287A1) in view of Onica (WO2021126813A1), Brncick (US20100207443A1) and Itou (US20090079236A1), as applied in the previous office action, however no other prior art was found to teach the claim in its entirety.
Regarding claim 13 and 24, the subject matter not found includes “wherein a maximum thickness of the cushion is defined as a distance between the first outermost surface and the second outermost surface, and wherein the spacer is outward from the first outermost surface of the cushion at the maximum thickness such that the spacer is disposed between the first sheet and the second sheet” and “wherein a maximum thickness of the cushion is defined as a distance between the first outermost surface and the second outermost surface, and wherein the spacer fabric is positioned outward of the first outermost surface of the cushion at the maximum thickness” in combination with the other elements of the claim. The closest art of record is Iacovone (US20200247287A1) in view of Onica (WO2021126813A1) and Brncick (US20100207443A1), as applied in the current office action, however no other prior art was found to teach the claim in its entirety.
Conclusion
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/BRETT P. MALLON/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762