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 2/20/2026 has been entered. Claims 1-11 & 14-20 remain pending in the application. Claims 12-13 have been cancelled. Applicant’s amendments to the claims have overcome the objections and rejections previously set forth in the Non-Final Office Action mailed 11/20/2025.
Response to Arguments
Applicant's arguments with respect to claims 1-11 & 14-20 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.
Regarding the double patenting rejection, Examiner is withdrawing the rejection based on the amendments to claim 1. Examiner plans to continue monitoring both 17/957,867 & 17/957,871 throughout the examination process.
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 1-2 & 17 is rejected under 35 U.S.C 103 as being unpatentable over Diller et al. (US 20200000627) in view of Yoda et al. (US 20200297965) herein referred to as Yoda.
Regarding Claim 1, Diller discloses a method for providing pulsing thermal therapy (Claim 34), the method comprising first operating a heating device, according to a pre-determined program (Paragraph [0039]; wherein processing module is programmed to adhere to an automated heating and cooling program), to apply a first temperature for a first period of time to bring a temperature of at least one section of a seat surface to about 43°C to 46°C and/or to bring a skin temperature of an occupant in a region of the at least one section to about 36°C or more (Figure 5; wherein from minute 20 to minute 42, skin temperature is brought up to a little above 36°C); and second operating the heating device and a cooling device, according to the pre-determined program (Paragraph [0039]; wherein processing module is programmed to adhere to an automated heating and cooling program), in an alternating manner for a plurality of time intervals (Figure 7), during each of the plurality of time intervals the heating device is operative for about 1 to 2 minutes (Paragraph [0052]; wherein heating device operates for 1 minute), and the cooling device is operative for about 1 to 2 minutes (Paragraph [0052]; wherein a cooling device can be operated for 1 minute). However, Diller does not explicitly disclose wherein the pulsing thermal therapy achieves about a 0.5°C to 2°C change in a temperature of the seat surface in the at least one section and/or about a 0.2°C to 1.5°C change in the skin temperature of the occupant in the region of the at least one section, over the plurality of time intervals, which include 8 to 18 time intervals.
Yoda discloses a method for providing pulsing thermal therapy to a vehicle occupant ([0128]-[0131]; Paragraph [0080]; wherein the seat can be used in an vehicle) wherein the pulsing thermal therapy achieves about a 0.5°C to 2°C change in a temperature of a surface of a seat in the at least one section and/or about a 0.2°C to 1.5°C change in a temperature of the skin of the vehicle occupant in the region of the at least one section over the plurality of time intervals (Paragraph [0056]-[0057]; wherein the heating device changes the temperature of the skin of a body surface within a range of 0.1°C to 10°C; Figure 8; wherein from T = 0 to T= 30, there is 8 time intervals and approximately a 1.5°C temperature change in calf I), which include 8 to 18 time intervals (Figure 8; wherein Calf I and Calf II demonstrate a plurality of time intervals which include 8 to 18 time intervals). 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 Diller to include the temperature change over the plurality of time intervals as taught by Yoda. The motivation being variables are able to be programmed to best suit the user (Diller, Paragraph [0046]; setting one or more variables of the contrast therapy including the temperature of the heated liquid, the temperature of the cooled liquid, the duration of the heating/cooling period based on the physiological, medical, or anatomical measurements or instructions from or about the subject)
Regarding Claim 2, Diller in view of Yoda discloses the method according to claim 1. Yoda also discloses wherein during the plurality of time intervals the heating device and the cooling device effectuate temperature changes in at least one section of the seat surface (Figure 120, 130, 140); wherein the at least one section includes a lower section, a middle section, an upper section, or any combination thereof (Figure 120, 130, 140). 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 Diller to include a seat with multiple sections as taught by Yoda. The motivation being to allow for thermal change in respective portions of a seat (Paragraph [0056])
Regarding claim 17, Diller in view of Yoda discloses the method according to claim 1. Diller also discloses wherein the pulsing thermal therapy is adapted to relieve pain of the occupant (Paragraph [0007]).
Claim 3-5 is rejected under 35 U.S.C 103 as being unpatentable over Diller and Yoda in further view of Krier et al. (US 20220288997) herein referred to as Krier.
Regarding Claim 3, Diller in view of Yoda disclose the method according to claim 2 wherein the heating device is located in the lower and middle sections (Yoda, 130 & 140). However, Diller in view of Yoda does not explicitly disclose wherein during the plurality of time intervals the heating device located in the lower section is brought to a temperature of about 45 to 55°C and the heating device located in the middle section is brought to a temperature of about 75°C to 85°C.
Krier discloses a method for providing thermal therapy (Paragraph [0057]) the heating device is brought to a temperature of about 45 to 55°C (Paragraph [0052]; wherein the heating device is brought to a temperature of 40-50°C or more) and the heating device is brought to a temperature of about 75°C to 85°C (Paragraph [0052]; wherein the heating device is brought to a temperature of 70-80°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 heating device in the lower and middle sections of the seat to be programmed to be brought to a temperature within the ranges taught by Krier. The motivation being variables are able to be programmed to best suit the user (Diller, Paragraph [0046]; setting one or more variables of the contrast therapy including the temperature of the heated liquid, the temperature of the cooled liquid, the duration of the heating/cooling period based on the physiological, medical, or anatomical measurements or instructions from or about the subject)
Regarding claim 4, Diller and Yoda in further view of Krier disclose the method according to claim 3. Yoda also discloses wherein the heating device is additionally located in the upper section (Figure 1, 120). Krier also discloses wherein the heating device is brought to a temperature of about 65°C to 75°C (Paragraph [0052]; wherein the heating device is brought to a temperature of 60-70°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 heating device in the lower and middle sections of the seat to be programmed to be brought to a temperature within the ranges taught by Krier. The motivation being variables are able to be programmed to best suit the user (Diller, Paragraph [0046]; setting one or more variables of the contrast therapy including the temperature of the heated liquid, the temperature of the cooled liquid, the duration of the heating/cooling period based on the physiological, medical, or anatomical measurements or instructions from or about the subject)
Regarding claim 5, Diller and Yoda in further view of Krier disclose the method according to claim 3. Diller also discloses wherein during the plurality of time intervals, the cooling device is brought to a temperature of about 18°C to 22°C (Figure 4, TinletTz).
Claims 6-11 are rejected under 35 U.S.C 103 as being unpatentable over Diller, Yoda and Krier in further view of Salter et al. (US 20210268867) herein referred to as Salter.
Regarding Claim 6, Diller and Yoda in further view of Krier discloses the device according to claim 5. However, Diller and Yoda in further view of Krier does not explicitly disclose 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%.
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 Diller and Yoda in further view of Krier to have duty cycles within the range taught by Salter. The motivation being variables are able to be programmed to best suit the user (Diller, Paragraph [0046]; setting one or more variables of the contrast therapy including the temperature of the heated liquid, the temperature of the cooled liquid, the duration of the heating/cooling period based on the physiological, medical, or anatomical measurements or instructions from or about the subject)
Regarding claim 7, Diller, Yoda and Krier in further view of Salter disclose the method of claim 6. Diller also discloses wherein the operating time of the heating device and the cooling device, during the plurality of time intervals, are equal (Paragraph [0051]-[0052]; wherein heating and cooling operation times can both be 1 minute)
Regarding claim 8, Diller, Yoda and Krier in further view of Salter disclose the method of claim 7. Diller also discloses wherein the rate of temperature change during the plurality of time intervals is ±0.16°C/minute to ±0.24°C/minute for the skin temperature and/or ±0.55°C/minute to ±0.62°C/minute for the seat temperature (Figure 5, wherein over a 71 minute plurality of time intervals, skin temperature of T changes from 31°C to 17°C which equals 0.197°C/minute rate of temperate change).
Regarding claim 9, Diller, Yoda and Krier in further view of Salter disclose the method of claim 8. Yoda also discloses wherein the alternating heating and cooling are respectively characterized by a saw-tooth profile (Figure 5; wherein the bottom graph is a saw-tooth profile), the saw-tooth profile of heating being inverse to the saw- tooth profile of cooling (Figure 5; wherein T1 is the heating and T2 is the cooling).
Regarding claim 10, Diller, Yoda and Krier in further view of Salter disclose the method of claim 9. Diller also discloses wherein there is no idle period between the alternating operation of the heating device and the cooling device, wherein the idle period is characterized by a period of time in which both the heating device and the cooling device are not operational (Figure 4; wherein the temperature sensors are constantly reading a temperature of either the heated fluid or cooled fluid therefore showing, that either the heating device is functioning or the cooling device is functioning to push out the fluid such that if there was no fluid (the heating and cooling element not functioning), there would be no temperature read)
Regarding claim 11, Diller, Yoda and Krier in further view of Salter disclose the method of claim 10. Yoda also discloses wherein there is no dwell period between alternating operation of the heating device and the cooling device (Figure 5; wherein T1 is the heating period and T2 is the cooling period; Paragraph [0056]; wherein the temperature change of the device is constantly changing and never staying at one temperature); wherein the dwell period is characterized by a period of time in which the heating device or the cooling device maintains a given temperature (Figure 5; wherein T1 is the heating period and T2 is the cooling period; Paragraph [0056]; wherein the temperature change of the device is constantly changing and never staying at one temperature).
Claims 14-16 are rejected under 35 U.S.C 103 as being unpatentable over Diller and Yoda in further view of Salter et al. (US 20210268867) herein referred to as Salter.
Regarding Claim 6, Diller and Yoda discloses the device according to claim 5. However, Diller and Yoda does not explicitly disclose 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%.
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 Diller and Yoda to have duty cycles within the range taught by Salter. The motivation being variables are able to be programmed to best suit the user (Diller, Paragraph [0046]; setting one or more variables of the contrast therapy including the temperature of the heated liquid, the temperature of the cooled liquid, the duration of the heating/cooling period based on the physiological, medical, or anatomical measurements or instructions from or about the subject)
Regarding claim 15, Diller and Yoda in further view of Salter discloses the method according to claim 14. Diller also discloses wherein a first temperature is about 40°C to 90°C (Claim 35; wherein the heated liquid can be outputted at 43°C)
Regarding claim 16, Diller and Yoda in further view of Salter discloses the method according to claim 15. Diller also discloses wherein the first period of time is about 2 to 5 minutes (Figure 7; wherein pad temperature is brought a first temperature of 23°C for 3 minutes before starting treatment)
Claim 18 & 20 is rejected under 35 U.S.C 103 as being unpatentable over Diller and Yoda in view of Panic (US 20050085968) herein referred to as Panic.
Regarding Claim 18, Diller in view of Yoda disclose A device for performing the method according to Claim 1. However, Diller in view of Yoda does not explicitly disclose the device comprising: a heating device located in an upper section of a seat, a middle section of the seat, and a lower section of the seat; and a cooling device acting upon the middle section of the seat.
Panic discloses a device (Figure 1) comprising: a heating device located in an upper section of a seat, a middle section of the seat, and a lower section of the seat (See annotated Figure 1, 40); and a cooling device acting upon the middle section of the seat (See annotated Figure 1, 24). 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 device taught by Diller in view of Yoda to include heating and cooling devices in the locations taught by Panic. The motivation being to apply both heating and cooling to a seat (Panic, Paragraph [0003]).
Regarding Claim 20, Diller and Yoda in view of Panic discloses a vehicle seat (Panic, Figure 1) comprising the device according to Claim 18 (See claim 18). 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 seat taught by Diller in view of Yoda to be a vehicle seat as taught by Panic. The motivation being this is a common design known in the art for many years (Panic, Paragraph [0003]).
Claim 19 is rejected under 35 U.S.C 103 as being unpatentable over Diller, Yoda and Panic in view of Barfuss et al. (US 20140339211) herein referred to as Barfuaa.
Regarding Claim 19, Diller and Yoda in further view of Panic discloses the device according to claim 18 wherein the heating device comprises a resistance element (Diller, Paragraph [0031]; wherein the heating element is a resistive heating element); and the cooling device comprises a blower, a thermoelectric device, a fluid distribution device, or any combination thereof (Diller, Paragraph [0031]; wherein cooling element can be a thermoelectric chip). However, Diller and Yoda in further view of Panic 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, the heating device in the middle section has a surface power density of about 1,900 W/m2 to 2,300 W/m2, and the heating device in the upper section has a surface power density of about 900 W/m2 to 1,500 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 be able to produce a higher surface power density since the highest disclose is 2000 W/m2), the heating device has a surface power density of about 1,900 W/m2 to 2,300 W/m2 (Paragraph [0045]; wherein surface power density of a heating layer is can be 2000 W/m2), and the heating device has a surface power density of about 900 W/m2 to 1,500 W/m2 (Paragraph [0045]; wherein the surface power density of a heating layer can be 1500 W/m2 or less). 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 device taught by Yoda in view of Migneco. 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights