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
The amendment filed 06/30/2026 has been entered. Claims 1-20 remain pending in the application. Applicant’s amendments to the claims have overcome the objections and rejections previously set forth in the Non-Final Office Action mailed 1/20/2026.
Response to Arguments
Applicant's arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The claim amendments changed the scope of the claimed invention. See new grounds for rejection below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites "a pre-determined program" such that no program is mentioned in the specification or portrayed in the drawing to support this subject matter. In applicants’ specification, paragraph [049], [089] states The heating devices and/or cooling devices may be operated to in which does not have the support to claim a pre-determined program or any program of sorts.
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.
Claim 1-4, 18 & 20 is rejected under 35 U.S.C 103 as being unpatentable over Panic et al. (US 20050085968) in view of Timme et al. (US 20140303694) herein referred to as Timme.
Regarding claim 1, Panic discloses a method for providing localized thermal therapy (Paragraph [0029]-[0032]), the method comprising: first operating a heating device, according to a pre-determined program (Paragraph [0029]; wherein controller is programmed to operate the heating device to a first desired temperature), to apply a first temperature for a first period of time to bring a temperature of at least one section of a surface (Figure 2, ti1) and/or a skin temperature of an occupant in a region of the at least one section to about 36°C or more; and second operating the heating device, according to the pre-determined program (Paragraph [0032]; wherein controller is programmed to provide energy to the heaters such that the controller can allow the amount of energy to be provided to be consistent for multiple times periods therefore the temperature is staying the same), to maintain a skin temperature in the region of the at least one section and/or a seat surface temperature (Figure 2; Paragraph [0032]; wherein controller is programmed to provide energy to the heaters such that the controller can allow the amount of energy to be provided to be consistent for multiple times periods therefore the temperature is being maintained). However, Panic does not explicitly disclose wherein temperature of at least one section of a seat surface to about 40°C to 48°C and/or a skin temperature of an occupant in a region of the at least one section to about 36°C or more; and a skin temperature in the region of the at least one section of about 36°C to 39°C and/or a seat surface temperature of about 43°C to 46°C..
Timme discloses a method of providing localized thermal therapy (Paragraph [0007]) wherein temperature of at least one section of a seat surface to about 40°C to 48°C and/or a skin temperature of an occupant in a region of the at least one section to about 36°C or more (Figure 4, 400; Paragraph [0036]; wherein goal skin temperature is set to 34-38°C which includes 36°C and higher); and a skin temperature in the region of the at least one section of about 36°C to 39°C (Figure 4, 425; Paragraph [0036]; wherein goal skin temperature is set to 34-38°C which includes 36°C to 38°C, which is regulated in step 425 seen in Figure 4) and/or a seat surface temperature of about 43°C to 46°C. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the method taught by Panic to include the temperatures provided of skin temperatures as taught by Timme. The motivation being this temperature range allows for the body to maintain core body temperature while not directly affecting the skin temperature (Timme, Paragraph [0025]).
Regarding claim 2, Panic in view of Timme disclose the method according to claim 1, Panic also discloses wherein the heating device effectuates a temperature change in the at least one section of the seat surface (Figure 1, 24); and wherein the at least one section includes a lower section, a middle section, an upper section, or any combination thereof (See annotated Figure 1 below).
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Regarding claim 3, Panic in view of Timme discloses the method according to claim 2, Panic also discloses wherein the heating device is located in the lower section (Figure 1, 24; wherein the heating device 24 is located in a lower section).
Regarding claim 4, Panic in view of Timme discloses the method according to claim 3, Panic also discloses wherein the heating device is additionally located in the middle section (Figure 1, 24; wherein the heating device 24 is located in the middle section).
Regarding claim 18, Panic in view of Timme discloses a device for performing the method according to Claim 1 (Panic, Figure 1) comprising: a heating device located at least in a lower section of a seat (Panic, Figure 1, 24); and a cooling device acting upon the middle section of the seat (Panic, See annotated Figure 1, 24; Paragraph [0021]; wherein conditioner 24 has a cooling device as well as heating device).
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Regarding claim 20, Panic in view of Timme discloses A vehicle seat (Panic, Figure 1, 10) comprising the device according to Claim 18 (See claim 18).
Claim 5 is rejected under 35 U.S.C 103 as being unpatentable over Panic and Timme in further view of UBELACKER et al. (US 20210323453) herein referred to as Ubelacker.
Regarding Claim 5, Panic in view of Timme discloses the method according to claim 3 wherein a cooling device is located in the middle section (Panic, Paragraph [0021]; wherein conditioner 24 has a cooling device as well as heating device). However, Panic in view of Timme does not explicitly disclose wherein after the heating device achieves the first temperature in the lower section, the cooling device selectively operates to attenuate a temperature rise of the seat surface in the middle section; and wherein the middle section is maintained at about 32°C to 34°C.
Ubelacker discloses a method for providing localized thermal therapy (Figure 6) wherein after the heating device achieves the first temperature in the lower section, the cooling device selectively operates to attenuate a temperature rise of the seat surface in the middle section (Figure 6; wherein T is less than the max and greater than the minimum; Fan is on and Heater is on for “boost function”); and wherein the middle section is maintained at about 32°C to 34°C (Paragraph [0071]; wherein comfort range is set to be between 28-38°C but ideally is 32°C). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the method taught by Panic in view of Timme to allow for the cooling device to be operated a certain temperature and attenuate the heater. The motivation being to allow user to avoid feeling unpleasant consequences of tension or back pain (Ubelacker, Paragraph [0012]).
Claim 6 is rejected under 35 U.S.C 103 as being unpatentable over Panic and Timme in further view of Krier et al. (US 20220288997) herein referred to as Krier.
Regarding Claim 6, Panic in view of Timme discloses the method according to claim 1. However, Panic in view of Timme does not explicitly disclose wherein the first temperature is about 70°C to 90°C.
Krier discloses a method for providing thermal therapy (Paragraph [0057]) wherein a first temperature of heating device is about 70°C to 90°C (Paragraph [0052]; wherein the heating device is brought to a temperature of 70-90°C or more). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the method taught by Panic in view of Timme for the first temperature to be within the range taught by Krier. The motivation being the heating element is able to generate heat to virtually any temperature allowing for the method to be changed or controlled (Krier, Paragraph [0052]).
Claim 7-16 is rejected under 35 U.S.C 103 as being unpatentable over Panic, Timme and Krier in further view of Salter et al. (US 20210268867) herein referred to as Salter
Regarding Claim 7, Panic and Timme in further view of Krier disclose the method according to claim 6. However, Panic and Timme in further view of Krier does not explicitly disclose wherein the heating device is provided a duty cycle of about 90% to 100% to realize the first temperature.
Salter discloses a vehicle heating and cooling system (Figure 1) wherein during the plurality of time intervals, the heating device is operated by pulse width modulation with a duty cycle of about 55% to 65% and the cooling device is operated by pulse width modulation with a duty cycle of about 85% to 95% (Paragraph [0077]; wherein the heated/cooling seat can be operated at a desired pulse width modulation with a duty cycle of anywhere between 0%-100%). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating and cooling devices taught by Panic and Timme in further view of Krier to have duty cycles within the range taught by Salter. The motivation being the controller can be programmed to adjust the amount of energy therefore a different duty cycle depending on the temperature sensed after the predetermined time period (Panic, Paragraph [0032]).
Regarding claim 8, Panic, Timme and Krier in further view of Salter disclose the method of claim 7. Panic also discloses wherein the first operation of the heating device is terminated when the seat surface temperature of about 40°C to 48°C and/or the skin temperature of about 36°C or more is realized or when the first period of time has elapsed (Paragraph [0032]; wherein operation of energy to the heating device can be terminated after a first period of time and be adjusted).
Regarding claim 9, Panic, Timme and Krier in further view of Salter disclose the method of claim 8. Panic also discloses wherein after termination of the first operation of the heating device, the heating device is brought to a lower temperature (Paragraph [0032]; wherein after a predetermined time period, energy can be adjusted to less therefore decreasing the temperature of the heating device). Krier also discloses wherein a temperature of the heating device is brought to a target temperature of about 55°C to 65°C (Paragraph [0052]; wherein temperature of the heating device can be within 55°C to 65°C).
Regarding claim 10, Panic, Timme and Krier in further view of Salter disclose the method of claim 9. Panic also discloses wherein after termination of the first operation of the heating device, the heating device is provided a duty cycle is lower (Paragraph [0032]; wherein different duty cycles can be provided after each predetermined period). Salter also discloses the heating device is provided a duty cycle of about 45% to 55%. (Paragraph [0077]; wherein the heated/cooling seat can be operated at a desired pulse width modulation with a duty cycle of anywhere between 0%-100%). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating and cooling devices taught by Panic and Timme in further view of Krier to have duty cycles within the range taught by Salter. The motivation being the controller can be programmed to adjust the amount of energy therefore a different duty cycle depending on the temperature sensed after the predetermined time period (Panic, Paragraph [0032]).
Regarding claim 11, Panic, Timme and Krier in further view of Salter disclose the method of claim 10. Panic also discloses wherein the heating device is operated to maintain the skin temperature and/or the seat surface temperature over a duration of about 20 to 35 minutes (Paragraph [0034]; wherein heating device can maintain seat temperature and operate for a duration of 30 minutes).
Regarding claim 12, Panic, Timme and Krier in further view of Salter disclose the method of claim 11. Panic also discloses wherein the second operation of the heating device is terminated when a predetermined period of time has elapsed (Paragraph [0032]; wherein there are multiple predetermined periods of time such that after each period of time the operation can be “terminated” and therefore changed to a different duty cycle or percentage of energy supplied).
Regarding claim 13, Panic, Timme and Krier in further view of Salter disclose the method of claim 12. Panic also discloses wherein after termination of the second operation of the heating device, the heating device is operated to maintain a lower seat temperature (Paragraph [0032]; wherein after a predetermined time period, energy can be adjusted to less therefore decreasing the temperature of the heating device) Timme also discloses wherein the heating device is operated to maintain a skin temperature of less than 36°C and/or a seat surface temperature of less than 43°C (Figure 5, 514; Paragraph [0042]; wherein goal skin temperature is set to 34-38°C, which 34-35 is less than 36°C).
Regarding claim 14, Panic, Timme and Krier in further view of Salter disclose the method of claim 13. Timme also discloses wherein in the first operation of the heating device, the skin temperature increases by 0.5°C/minute to 0.9°C/minute (Paragraph [0036]; wherein step duration can be 2-30 minutes and temperature increase can be 0.1-1.0°C, therefore during a 2 minute duration with an temperature increase of 1°C, it’s skin temperature increases by 0.5°C/minute).
Regarding claim 15, Panic, Timme and Krier in further view of Salter disclose the method of claim 14. Panic discloses wherein in the first operation of the heating device, the seat surface temperature increases to a desired temperature (Figure 2). Timme also discloses wherein the time duration can be 2-30 minutes (Paragraph [0038]). Therefore, by looking towards Figure 2 of Panic, seat temperature rises at a constant rate over time such that during for a desired temperature within the ranges claimed in claim 1, 40°C to 48°C, starting at 0°C, seat temperature will rise to 40°C during a 14 minute by 2.85°C/minute in which is in the range of 2.7°C/minute to 3.1 C/minute.
Regarding claim 16, Panic, Timme and Krier in further view of Salter disclose the method of claim 15. Timme also discloses wherein the first period of time is about 2 to 6 minutes (Paragraph [0036]; wherein step duration can be 2-30 minutes).
Claim 17 is rejected under 35 U.S.C 103 as being unpatentable over Panic and Timme in view of Diller et al. (US 20200000627) herein referred to as Diller.
Regarding Claim 17, Panic in view of Timme explicitly disclose the method according to claim 1. However, Panic in view of Timme does not explicitly disclose wherein the localized thermal therapy is adapted to relieve pain of the occupant.
Diller discloses a method for providing thermal therapy (Claim 34) wherein the localized thermal therapy is adapted to relieve pain of the occupant (Paragraph [0007]). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have known that applying a thermal therapy to a user would allow for pain relieve of the occupant since it is known in the art. The motivation being to reduce pain sensations of a user as well as inflammation (Diller, Paragraph [0007]).
Claim 19 is rejected under 35 U.S.C 103 as being unpatentable over Panic and Timme in view of Barfuss et al. (US 20140339211) herein referred to as Barfuss.
Regarding Claim 19, Panic in view of Timme discloses the device according to claim 18 wherein the heating device comprises a resistance element (Panic, Paragraph [0013]; wherein a PTC heater contains resistance elements that naturally increase resistance and lower power ); and the cooling device comprises a blower, a thermoelectric device, a fluid distribution device, or any combination thereof (Panic, Paragraph [0014]; wherein cooling device consist of a blower). However, Panic in view of Timme does not explicitly disclose wherein the heating device in the lower section has a surface power density of about 2,100 W/m2 to 2,500 W/m2.
Barfuss discloses a thermal vehicle device (Figure 1) wherein the heating device has a surface power density of about 2,100 W/m2 to 2,500 W/m2 (Paragraph [0044]-[0045]; wherein surface power density of a heating layer can be about 400 W/m2 or more therefore could be 2,100 W/m2 to 2,500 W/m2 since surface power density is based on basis weight and areal weight of the heating layer, the heating layer of a car seat would be higher than a steering wheel since the size of a car seat is larger therefore it would be obvious that the heating layer would beable to produce a higher surface power density since the highest disclose is 2000 W/m2). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modified the heating device taught by Migneco to have a surface power density in the range taught by Barfuss. The motivation being it would be obvious to try different surface power densities in different portions of the seat to see which surface power density in each seat section allowed for the best form of treatment (MPEP 2143(E)).
Conclusion
THIS ACTION IS MADE FINAL. 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 ALYSSA M PAPE whose telephone number is (703)756-5947. The examiner can normally be reached M-F 7:30-5:00.
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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