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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 21 October 2025 has been entered.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 3-7, 14, 16, 17 and 20-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2014-159184 A with a machine translation (filed on 7 April 2025) being used as the English language equivalent translation (hereinafter “Toshiro”).Regarding claims 1, 22 and 23 Toshiro teaches a sensor unit (sensor unit) 4 attachable to a cushion pad (attachment target) 20 from one side in a first direction so as to be partly accommodated, from one side in the first direction, in a hole (defined as being along the exposed lateral surfaces of the recess 20a and along the bottom surface of the reaction plate 40), the hole being provided in the cushion pad (attachment target) 20 and opening out to the one side in the first direction, and including a bottom portion closing the other side in the first direction of the hole (abstract, paragraphs [0014] – [0015], and Figures 2-3, including Annotated Figure 3, shown below). The limitations requiring: (i) the attachment target comprises a housing, a cushion layer, and an outer surface layer, the cushion layer is constituted by elastic substance and fixed to the housing and covers the housing at least partly from the other side in the first direction, the outer surface layer is composed of a natural, artificial, or synthetic leather, a cloth, or a synthetic resin film and covers the cushion layer and the housing at least partly from the other side in the first direction, the hole of the attachment target includes a first hole extending through the housing in the first direction and a second hole extending through the cushion layer in the first direction, being located on the other side in the first direction relative to the first hole, and communicating with the first hole, the second hole is closed by the outer surface layer from the other side in the first direction, and the bottom portion of the hole of the attachment target is constituted by a portion of the outer surface layer that is located on the other side in the first direction relative to the second hole (claim 1); (ii) the attachment target comprises a housing, a cushion layer, and an outer surface layer, the cushion layer is constituted by elastic substance and fixed to the housing and covers the housing at least partly from the other side in the first direction, the outer surface layer is composed of a natural, artificial, or synthetic leather, a cloth, or a synthetic resin film and covers the cushion layer and the housing at least partly from the other side in the first direction, the hole of the attachment target includes a first hole extending through the housing in the first direction and a second hole being a blind hole that opens out in the one side in the first direction with the other side in the first direction closed, being located on the other side in the first direction relative to the first hole, and communicating with the first hole, the bottom portion of the second hole is constituted by a cushion layer provided separately from the cushion layer and disposed in the second hole or is alternatively constituted by a cushion layer integral with the cushion layer, and the bottom portion of the hole of the attachment target is constituted by the bottom portion of the second hole and a portion of the outer surface layer that is located on the other side in the first direction relative to the hole (claim 22); and (iii) the attachment target comprises a housing and an outer surface layer, the outer surface layer is composed of a natural, artificial, or synthetic leather, a cloth, or a synthetic resin film and covers the housing at least partly from the other side in the first direction, the hole of the attachment target includes a first hole extending through the housing in the first direction, the first hole is closed by the outer surface layer from the other side in the first direction, and the bottom portion of the hole of the attachment target is constituted by a portion of the outer surface layer that is located on the other side in the first direction relative to the hole (claim 23) have been fully considered. However, these limitations, being directed to the structure of an attachment target, is not pertinent to the structure of the claimed sensor unit. In other words, the only requirement from the claims is that the sensor unit must be capable of being attached to the attachment target, where the structure of the attachment target itself is not given patentable weight for the structure of the claimed sensor unit. It is the position of the examiner that the teachings from Toshiro results in a sensor unit (sensor unit) 4 that is capable of being attached to a cushion pad (attachment target) 20, thereby meeting the claims. Toshiro teaches the sensor unit (sensor unit) 4 comprises a membrane sensor (detection sensor) 42 being a touch sensor or a pressure sensor and configured to be able to detect an approach of a detection target from the other side in the first direction (paragraphs [0017] and [0020]). Toshiro teaches at least one cushioning material (cushion) 44 covering the membrane sensor (detection sensor) 42 at least partly from the other side in the first direction, wherein the at least one cushioning material (cushion) 44 is at least partly accommodated in the hole of the cushion pad (attachment target) 20 and abuts the bottom portion of the hole from the one side in the first direction in a state where the sensor unit (sensor unit) 4 is attached to the cushion pad (attachment target) 20 from the one side in the first direction (Figures 2-4, including Annotated Figure 3, shown below, and paragraph [0020]). Toshiro teaches the first direction is a direction along which the at least one cushioning material (cushion) 44 and the membrane sensor (detection sensor) 42 are arranged (Figure 4 and paragraph [0019]).
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Regarding claim 3 In addition, Toshiro teaches the sensor unit (sensor unit) 4 further comprises a body including a cushion material (holder) 43, the cushion material (holder) 43 is a box opening out to the outer side in the first direction, accommodates the membrane sensor (detection sensor) 42 and at least a part of the at least one cushioning material (cushion) 44, and the cushion material (holder) 43 is at least partly accommodated in the recess (hole) 20a of the cushion pad (attachment target) 20 in a state where the sensor unit (sensor unit) 4 is attached to the cushion pad (attachment target) 20 from the one side in the first direction (paragraphs [0017] – [0019], and Figures 2-4, including Annotated Figure 3, shown above).Regarding claim 4 In addition, Toshiro teaches the sensor unit (sensor unit) 4 further comprises a body, the body including: a holder being located on the one side in the first direction relative to the membrane sensor (detection sensor) 42 and holding the membrane sensor (detection sensor) 42, and at least one fixable portion being located outside the membrane sensor (detection sensor) 42 in a direction substantially orthogonal to the first direction and fixable to the cushion pad (attachment target) 20 via the reaction plate 40 from the one side in the first direction (Figures 2-4, including Annotated Figure 4, shown below).
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Regarding claim 5 In addition, Toshiro teaches the sensor unit (sensor unit) 4 further comprises a body including a holder, the holder being located on the one side in the first direction relative to the membrane sensor (detection sensor) 42 and holding the membrane sensor (detection sensor) 42, and an attachment member being fixed to the body and fixable to the cushion pad (attachment target) 20 via the reaction plate 40 from the one side in the first direction (Figures 2-4, including Annotated Figure 4, shown above).Regarding claim 6 In addition, Toshiro teaches the membrane sensor (detection sensor) 42 includes a pair of electrodes that short-circuit when pressure is applied (sensor body being the touch sensor or the pressure sensor and configured to be able to detect approach of a detection target from the outer side in the first direction) (paragraph [0020]). Toshiro teaches at least one fixable portion being located outside the membrane sensor (detection sensor) 42 (including the aforementioned sensor body) in a direction substantially orthogonal to the first direction and fixable to the cushion pad (attachment target) 20 via the reaction plate 40 from the one side in the first direction (Figures 2-4, including Annotated Figure 4, shown above).Regarding claim 7 In addition, Toshiro teaches the sensor unit (sensor unit) 4 further comprises a cushion member (attachment member) 43, wherein the cushion member (attachment member) 43 is fixed to the membrane sensor (detection sensor) 42 and fixable to the cushion pad (attachment target) 20 via the reaction plate 40 from the one side in the first direction (Figures 2-4 and paragraph [0018]).Regarding claim 14 In addition, Toshiro teaches a seat (attachment structure) 2 for a sensor unit (sensor unit) 4 and a cushion pad (attachment target) 20, the seat (attachment structure) 2 comprising the sensor unit (sensor unit) 4 according to claim 1, and a cushion pad (attachment target) 20 having a hole (defined as being along the exposed lateral surfaces of the recess 20a and along the bottom surface of the reaction plate 40) opening out to the one side in the first direction and including a bottom portion closing the other side in the first direction of the hole, wherein the first direction is a direction along which the at least one cushioning material (cushion) 44 and the membrane sensor (detection sensor) 42 of the sensor unit (sensor unit) 4 are arranged, the sensor unit (sensor unit) 4 is attached to the cushion pad (attachment target) 20 from the one side in the first direction, and the at least one cushioning material (cushion) 44 of the sensor unit (sensor unit) 4 is at least partly accommodated in the hole of the cushion pad (attachment target) 20 from the one side in the first direction and abuts the bottom portion of the hole from the one side in the first direction (Figures 1-4, including Annotated Figure 3, shown above, and Annotated Figure 4, shown above, and paragraph [0063]).Regarding claim 16 In addition, Toshiro illustrates the recess 20a includes vertically and horizontally oriented walls of the cushion pad 20 which encloses a space (Figures 2-3), which corresponds to a housing. Toshiro also teaches a seat cover (cushion layer) 21 completely encompassing (covering) the cushion pad 20 (paragraph [0015]), which corresponds to a cushion layer covering the housing at least partly from the other side in the first direction.Regarding claim 17 In addition, Toshiro illustrates the cushion pad (attachment target) 20 further comprises an upper surface (outer surface) layer covering the vertically and horizontally oriented walls of the recess 20a (housing) and the seat cover (cushion layer) 21 at least partly from the other side in the first direction (Figures 2-3).Regarding claim 20 In addition, Toshiro teaches the body of the sensor unit 4 further includes at least one fixable portion, and the at least one fixable portion extends from the holder in a direction substantially orthogonal to the first direction, is located outside the membrane sensor (detection sensor) 42 in a direction substantially orthogonal to the first direction, and is fixable to the cushion pad (attachment target) 20 via the reaction plate 40 from the one side in the first direction (Annotated Figure 4, shown above).Regarding claim 21 In addition, Toshiro teaches a (first) portion of a cushion spring (attachment member having an elastic body) 3 being directly fixed to the holder (of the body) from the one side in the first direction (Figures 1-4, including Annotated Figure 4, shown above, and paragraphs [0011], [0051] and [0055]). Toshiro teaches the cushion spring (attachment member) 3 includes a second portion where a plurality of cushion springs (S-springs) (having a plurality of L-shapes) 3-1, 3-2, 3-3, 3-4 (including a plurality of second portions which are the portions of the springs 3 which are not in contact with the holder 43) are beams generally having an L-shape and extend to the other side in the first direction from the periphery of the first portion, and extend pass the recess 20a and support the cushion pad 20 (second portions are fixable to the cushion pad (attachment target) 20) (Figures 6, 7 and 9, and paragraph [0011]).
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Toshiro as applied to claim 1.Regarding claim 8 The limitations for claim 1 have been set forth above. In addition, Toshiro teaches the membrane sensor (detection sensor) 42 includes a pair of electrodes that short-circuit when pressure is applied (paragraph [0020]). Toshiro also illustrates the at least one cushioning material (cushion) 44 partially surrounds the membrane sensor (detection sensor) 42 (Figure 4). Toshiro does not explicitly teach the at least one cushioning material (cushion) 44 has waterproofness. However, it would have been an obvious matter of design choice for a person having ordinary skill in the art at the time of the invention to incorporate a material for the at least one cushioning material (cushion) 44 which exhibits a waterproof property to prevent the infiltration of water or other liquid into the membrane sensor (detection sensor) 42 which would cause a premature short-circuit with the electrodes within said membrane sensor (detection sensor) 42.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Toshiro as applied to claim 1, and further in view of JP H11-345081 A with a machine translation (filed on 7 April 2025) being used as the English language equivalent translation (hereinafter “Eiji”).Regarding claim 9 The limitations for claim 1 have been set forth above. In addition, Toshiro teaches the membrane sensor (detection sensor) 42 includes a first face on the other side in the first direction, the at least one cushioning material (cushion) 44 includes a first face on the other side in the first direction and a second face on the one side in the first direction, and the second face of the at least one cushioning material (cushion) 44 is in surface contact with the first face of the membrane sensor (detection sensor) 42 (Figure 4, including Annotated Figure 4). Toshiro also teaches the use of urethane for its cushioning material (cushion) 44 (paragraph [0020]). Toshiro does not explicitly teach the sensor unit (sensor unit) 4 includes at least one exhaust path, and the at least one exhaust path is provided in at least one face of the second face of the at least one cushioning material (cushion) 44 or the first face of the membrane sensor (detection sensor) 42, opens out to the at least one face, and opens out to a side face or faces that meet the at least one face. Eiji teaches a cushion comprising a foamed substance to provide ergonomic comfort to a user (abstract). Eiji teaches the cushion comprises an open-cell urethane foam and has excellent cushioning properties and recoverability (paragraph [0005]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the urethane of the at least one cushioning material (cushion) 44 of Toshiro with the open-cell urethane foam of Eiji to provide a cushioning member that exhibits excellent cushioning properties and recoverability. The structure of the open cell foam from the combination of Toshiro and Eiji corresponds to the claimed features requiring the sensor unit further includes at least one exhaust path, and the at least one exhaust path is provided in at least one face of the second face of the at least one cushion or the first face of the detection sensor, opens out to the at least one face, and opens out to a side face or faces that meet the at least one face.
Claims 10, 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Toshiro as applied to claim 1 above, and further in view of United States Patent Application Publication No. US 2017/0266929 (hereinafter “Wilson”).Regarding claims 10 and 13 The limitations for claim 1 have been set forth above. In addition, Toshiro does not explicitly teach at least one intermediate part arranged between the membrane sensor (detection sensor) 42 and the at least one cushioning material (cushion) 44, or the at least one cushion cushioning material (cushion) 44 comprises a plurality of cushions stacked in the first direction. Wilson teaches the use of multilayered cushioning layers which are adhered together improves the impact resistance to an underlying element (paragraph [0056]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the at least one cushioning material (cushion) 44 of Toshiro with the multilayer structure taught by Wilson to improve the impact damage protection of the underlying membrane sensor (detection sensor) 42. The multilayered structure of the at least one cushioning material (cushion) 44 from the combination of Toshiro and Wilson corresponds to a cushion #1 44/cushion #2 44(2)/sensor 42 stacked structural configuration, where cushion #2 44(2) corresponds to the claimed: at least one intermediate part arranged between the membrane sensor (detection sensor) 42 and the at least one cushioning material (cushion) 44 (claim 10); and the at least one cushioning material (cushion) 44 comprises a plurality of cushions stacked in the first direction (claim 13).Regarding claim 11 In addition, Toshiro teaches the membrane sensor (detection sensor) 42 includes a pair of electrodes that short-circuit when pressure is applied (paragraph [0020]). Toshiro also illustrates the at least one cushioning material (cushion) 44 partially surrounds the membrane sensor (detection sensor) 42 (Figure 4). The combination of Toshiro and Wilson does not explicitly teach the at least one cushioning material #2 (intermediate part) 44(2) has waterproofness. However, it would have been an obvious matter of design choice for a person having ordinary skill in the art at the time of the invention to incorporate a material for the at least one cushioning material #2 (cushion) 44 which exhibits a waterproof property to prevent the infiltration of water or other liquid into the membrane sensor (detection sensor) 42 which would cause a premature short-circuit with the electrodes within said membrane sensor (detection sensor) 42.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Toshiro and Wilson as applied to claim 10 above, and further in view of Eiji.Regarding claim 12 The limitations for claim 10 have been set forth above. In addition, Toshiro teaches the membrane sensor (detection sensor) 42 includes a first face on the other side in the first direction, the at least one cushioning material (cushion) 44 (including the at least one intermediate part from Toshiro as modified by Wilson) includes a first face on the other side in the first direction and a second face on the one side in the first direction, and the second face of the at least one cushioning material (cushion) 44 (including said at least one intermediate part) is in surface contact with the first face of the membrane sensor (detection sensor) 42 (Figure 4, including Annotated Figure 4). Toshiro also teaches the use of urethane for its cushioning material (cushion) 44 (paragraph [0020]). Toshiro does not explicitly teach the sensor unit (sensor unit) 4 includes at least one exhaust path, and the at least one exhaust path is provided in at least one face of the second face of the at least one cushioning material (cushion) 44 or the first face of the membrane sensor (detection sensor) 42, opens out to the at least one face, and opens out to a side face or faces that meet the at least one face. Eiji teaches a cushion comprising a foamed substance to provide ergonomic comfort to a user (abstract). Eiji teaches the cushion comprises an open-cell urethane foam and has excellent cushioning properties and recoverability (paragraph [0005]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the urethane of the at least one cushioning material (cushion) 44 (including the at least one intermediate part from Toshiro as modified by Wilson) from the combination of Toshiro and Wilson with the open-cell urethane foam of Eiji to provide a cushioning member that exhibits excellent cushioning properties and recoverability. The structure of the open cell foam from the combination of Toshiro, Wilson, and Eiji corresponds to the claimed features requiring the sensor unit further includes at least one exhaust path, and the at least one exhaust path is provided in at least one face of the second face of the at least one intermediate part or the first face of the detection sensor, opens out to the at least one face, and opens out to a side face or faces that meet the at least one face.
Response to Arguments
Applicant's arguments filed 21 October 2025 have been fully considered but they are not persuasive.
Regarding the rejection of claims 1, 3-7, 14, 16, 17, 20 and 21 under 35 USC §102(a)(1), the applicant argued Toshiro does not teach or suggest the claimed housing or outer surface layer of the attachment target. This argument is not commensurate in scope with the claim because the claim is directed to a sensor unit, where the applicant is arguing the structure of an attachment target. The attachment target is a discrete element, and fails to imply/impart any additional structure to the claimed sensor unit. In other words, the structure of the attachment target is not pertinent to the structure of the claimed sensor unit, and the only requirement from the claim is that the sensor unit must be capable of being attached to an attachment target.
The applicant additionally argued, regarding claim 8, Toshiro does not provide a teaching to remove the reaction plate and provide another element constituting the bottom portion of the hole. The examiner respectfully notes this argument is not commensurate in scope with the rejection of record. The examiner does not contemplate, in the rejection of claim 8, the removal the reaction plate and providing another element constituting the bottom portion of the hole.
The applicant argued, regarding claims 9-13, the claims are allowable for at least the same reasons as claim 1, and the additional references (Eiji and/or Wilson) do not remedy the deficiencies of Toshiro. The examiner respectfully submits the rejection of claim 1 is proper, based on the teachings of Toshiro, and the additional reliance on Eiji and/or Wilson renders obvious claims 9-13 for substantially the same reasons as discussed above.
The applicant argued, regarding claims 22 and 23, Toshiro does not teach or suggest the limitations of newly added claims 22-23 (as highlighted by the applicant in: (i) and (ii) on page 18 for claim 22; and (i), (ii), and (iii) on page 19 for claim 23). The examiner respectfully disagrees and contends that newly added claims 22-23 are unpatentable for the reasons described in the rejection currently of record. In summary, the applicant’s concentration on the structure of the attachment target does not provide patentability to the structure of a discrete sensor unit component. The claims are directed to a sensor unit, and the limitations for the structure of an adjacently positioned attachment target, which is not considered a constituent component of the sensor unit, is not pertinent to the structure of said sensor unit.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN HANDVILLE whose telephone number is (571)272-5074. The examiner can normally be reached Monday through Thursday, from 9 am to 4 pm.
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/BRIAN HANDVILLE/Primary Examiner, Art Unit 1783
