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 amendments filed 2/18/2026 have been entered. Accordingly, claims 1, 4-9, 11, and 14-18 are pending in the current application.
Response to Arguments
Applicant's arguments filed 2/18/2026 have been fully considered but they are not persuasive.
Regarding independent claims 1 and 11, Applicant argues on pages 9-10 of the remarks filed 2/18/2026 that the prior art references of Bullard and Crealey fail to teach the limitation of “determining an effective contact area ratio of each region amount the plurality of regions based on the cell pressure data, and comparing the determined effective contact area ratio of each region with a predetermined massage operation threshold vale to determine whether to operate the massage module in the at least one region”, as now recited by claims 1 and 11 (previously claims 2-3), further stating that Bullard’s “pressure profile” is instead a compilation of pressure data for determining seating or lying configurations, such as posture and regions of high and low pressure. The Examiner respectfully disagrees, first noting that the term “effective contact area ratio” as recited in claims 1 and 11 is simply defined as a ratio “based on cell pressure data” – with no specific values defined by the claim. Therefore, the Examiner maintains that Bullard’s pressure profile, determined by Bullard’s sensor array 110 disposed in a plurality of locations along the seat 200, fully reads on the term “effective contact area ratio” – as the pressure profile provides a variety of cell pressure data related to the contact area(s) of the user, pressure distribution, regions of high and low pressure, etc. (Paragraph 0029 of Bullard).
Applicant similarly argues on pages 11-12 that Bullard fails to teach the limitation “determining a seat pressure distribution value of the least one region based on the cell pressure data”, again stating Bullard’s “pressure profile” is instead a compilation of pressure data for determining seating or lying configurations, such as posture and regions of high and low pressure. The Examiner respectfully disagrees, noting that Paragraph 0029 of Bullard specifically states the pressure profile is used to determine pressure distribution, and therefore a seat pressure distribution value. The Examiner also notes Paragraph 0038 of Bullard stating the pressure profile being a pressure distribution having corresponding pressure statistics. The Examiner further maintains Bullard’s system then uses the values of the pressure distribution determined by the pressure profile (step 440, Figure 5) to make adjustments to the various massage elements of the system (system configurations such as adjusting firmness of bladders, positions of supports, plurality of massagers 160, Paragraph 0034).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “massage module”, “pressure management module”, and “control module” used in claims 1 and 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1, 4-6, 8-9, 11, 14-16, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bullard et al. (US 2018/0199729 A1).
Regarding claim 1, Bullard discloses an adaptive seat massage system (automatically adjusting comfort system seat 200, Paragraph 0024 and Figure 2) comprising: a massage module configured to provide a massage function in a plurality of regions of a seat (massagers 160 embedded in various regions of seat, Paragraph 0026 and Figures 2-3); a pressure measurement module configured to detect pressure applied to the seat by a user in the plurality of regions of the seat (pressure sensor array 110 located just beneath outer fabric of seat, Paragraphs 0021 and 0025 and Figures 2-3; pressure data obtained from pressure sensor array 110 us used to determine seating configurations, such as posture and regions of high and low pressures, Paragraph 0029); and to transmit pressure measurement signal corresponding to respective regions among the plurality of regions (a controller 120 receives pressure data from pressure sensor array 110 to determine profile of pressure points, Paragraph 0021); and a control module electrically connected to the massage module and the pressure measurement module and configured to determine whether to operate the massage module in at least one region among the plurality of regions (a controller 120 receives pressure data from pressure sensor array 110 to determine profile of pressure points, the pressure-point profile may be used by the controller 120 to determine adjustments to the system involving the massagers 160, Paragraph 0021), based on the pressure measurement signal received from the pressure measurement module, determine, when the massage module is operated in the at least one region an operating mode of the massage module in the at least one region based on the pressure measurement signal (see flowchart shown in Figure 4 showing step 430 in which a determination is made based on if the detected pressure profile exceeds a predetermined limit, with step 460 being when the system is adjusted via the massagers 160, Paragraph 0034), and transmit a control signal corresponding to the determined operating mode to the massage module to control an operation of the massage module in the at least one region (step 460 in which the system is adjusted via adjustments made to the massagers 160, based on the pressure profile signal, Paragraphs 0033-0034 and Figure 4); wherein the control module includes a processing unit (controller 120 includes a processor 122, Paragraph 0022) configured to, when the pressure measurement signal is received from the pressure measurement module, process the received pressure measurement signal to obtain cell pressure data, determine an effective contact area ratio of each region among the plurality of regions based on the cell pressure data (in step 410, pressure is measured at a plurality of locations via pressure sensor array 110, wherein software 125 includes an algorithm to determine pressure profile that includes data from each of the sensors in the sensor array 110, including location of each of the sensors, such that the pressure profile provides a compilation of pressure data for determine seating or lying configurations, such as posture and regions of high and low pressure, pressure distribution, etc., Paragraph 0029 and Figure 4), and compare the determined effective contact area ratio of each region with a predetermined massage operation threshold value to determine whether to operate the massage module in the at least one region (the pressure profile from step 420 is then compared to a first limit at step 430, and used to determine if the system will adjust according to the detected pressure profile, Figure 4 and Paragraph 0030); wherein the processing unit is further configured to, when it is determined by the processing unit to operate the massage module in the at least one region (if in step 450 the cumulative pressure profile exceeds a second limit, method 400 proceeds to step 460 to adjust system configuration, paragraph 0032 and Figure 4), determine a seat pressure distribution value of the at least one region based on the cell pressure data and compare the determined seat pressure distribution value of the at least one region with a predetermined pressure distribution threshold value to determine the operating mode of the massage module in the at least one region (In a step 460, system configuration is adjusted; an example of step 460, configuration of system 100 is adjusted based on the pressure profile determined in step 420 or the cumulative pressure profile determined in step 440; system configuration adjustments may be determined using operation 560, FIG. 5; system 100 may adjust its configuration by adjusting one or more of lower back curvature via lumbar support 130, firmness via air bladders 140, tilt or position via motors 150, massage via massagers 160, and temperature via thermal therapy unit 170, Paragraph 0034); wherein the massage module includes a plurality of massage heads (plurality of massagers 160, Paragraph 0026 and Figure 3), the plurality of massage heads is arranged in the plurality of regions of the seat (Figure 3), and wherein the pressure measurement module includes a plurality of pressure sensor arrays (pressure sensor array 110, Paragraph 0025 and Figures 2-3), and the plurality of pressure sensor arrays is respectively arranged in corresponding regions of the plurality of regions of the seat (Figures 2-3).
Regarding claim 4, Bullard further discloses wherein the processing unit (controller 120 includes a processor 122, Paragraph 0022) is further configured to divide each of the regions into m x n cells, obtain m x n cell pressure data based on the pressure measurement signal of each region (method comprising measuring pressure applied to a surface of a seat via an array of pressure sensors 110 to determine an array of pressure values in real-time via a controller 120, weighing the pressure values based on locations of corresponding pressure sensors of the array to determine weighted-pressure values, determining one or more regions of differential pressure based on the weighted-pressure values and a proximity of the corresponding pressure sensors, therefore the controller is fully capable of dividing each region into an array of cell pressure data based on the regions in which the sensor array 110 is disposed throughout the seat, Paragraph 0012), compare the m x n cell pressure data with a predetermined reference pressure (the pressure profile from step 420 is then compared to a first limit pressure at step 430, and used to determine if the system will adjust according to the detected pressure profile, Figure 4 and Paragraph 0030), count cells having the cell pressure data equal to or greater than the reference pressure to obtain a count value, divide the count value by a product of m and n to determine an effective contact area ratio of each of the regions (the pressure profiles obtained from the sensor array 110 may then be analyzed as a statistical distribution having statistical properties, therefore fully capable of counting various cell data to obtain contact area ratios, Paragraph 0029), and determine to operate the massage module in a corresponding region when the determined effective contact area ratio of any one of the plurality of regions is equal to or greater than a massage operation threshold value, wherein m and n are positive integers (see step 430 as shown in Flowchart Figure 4 wherein is a pressure profile exceeds a first limit pressure, the device is then instructed to adjust a system configuration 460 which may include making adjustments to the various massagers, Paragraph 0034).
Regarding claim 5, Bullard further discloses wherein the processing unit (controller 120 includes a processor 122, Paragraph 0022) is further configured to, when the massage module is operated in any one of the regions, determine an average value and a variance value for the cell pressure data of the cells having the cell pressure data equal to or greater than the reference pressure in the corresponding region, and divide the determined variance value by a value obtained by multiplying a square of the average value by 4 to determine the seat pressure distribution value of the corresponding region (the pressure profiles obtained from the sensor array 110 may then be analyzed as a statistical distribution having statistical properties, therefore fully capable of obtaining statistical values such as averages and variances, Paragraph 0029; see also Paragraph 0038 stating the pressure statistics may include mean, median, standard deviation, etc).
Regarding claim 6, Bullard further discloses wherein the pressure distribution threshold value includes a first pressure distribution threshold value and a second pressure distribution threshold value (the pressure profile distribution data obtained from the sensor array 110 may then be analyzed as a statistical distribution having statistical properties, therefore fully capable of determining various threshold values, Paragraph 0029; see also Abstract stating comparing pressure data to a first and second limit, therefore a first and second threshold value) and wherein the processing unit is further configured to: determine the operating mode of the massage module in the corresponding region to be a first operating mode when the processing unit concludes that the seat pressure distribution value of any one of the determined regions is smaller than the first pressure distribution threshold value, determine the operating mode of the massage module in the corresponding region to be a second operating mode when the processing unit concludes that the seat pressure distribution value of any one of the determined regions is equal to or greater than the first pressure distribution threshold value and smaller than the second pressure distribution threshold value, and determine the operating mode of the massage module in the corresponding region to be a third operating mode when the processing unit concludes that the seat pressure distribution value of any one of the determined regions is greater than the second pressure distribution threshold value (based on the pressure profile distribution data, and how it compares to the first and second limits and/or threshold values, various adjustments to the system may be made, such as lumbar support, firmness, tilt, shape, and position, as well as massage and heating/cooling, therefore the system is fully capable of operating in three operating modes based on the needs of the user and the pressure profiles detected, Paragraph 0020).
Regarding claim 8, Bullard further discloses wherein the processing unit (controller 120 includes a processor 122, Paragraph 0022) is further configured to determine not to operate the massage module in the corresponding region, when the determined effective contact area ratio of any one of the determined regions is smaller than the massage operation threshold value (if the pressure profile in step 430 does not exceed the first limit pressure, therefore is smaller than the threshold value, the method returns to step 440 to repeat a cumulative pressure profile and no system adjustments are made, therefore the massagers are not adjusted, Paragraphs 0031-0032).
Regarding claim 9, Bullard further discloses wherein the control module further includes: a storage unit configured to pre-store the reference pressure the massage operation threshold value, and the pressure distribution threshold value (controller 120 comprising a memory 124 and software instructions including the control algorithm 500 comprising the reference pressures, Paragraph 0022) and a communication unit configured to communicate with the massage module and the pressure measurement module (communications between controller 120 and pressure sensor array 110 and other components of system 100 such as the massagers may be wired and/or wireless communication media, Paragraph 0022).
Regarding claim 11, Bullard discloses a method of controlling an adaptive seat massage system (automatically adjusting comfort system seat 200, Paragraph 0024 and Figure 2), the method comprising: detecting, by a pressure measurement module, pressure applied to a plurality of regions of a seat by a user (pressure sensor array 110 located just beneath outer fabric of seat, Paragraphs 0021 and 0025 and Figures 2-3; pressure data obtained from pressure sensor array 110 us used to determine seating configurations, such as posture and regions of high and low pressures, Paragraph 0029) and transmitting pressure measurement signal corresponding to respective regions among the plurality of regions (a controller 120 receives pressure data from pressure sensor array 110 to determine profile of pressure points, Paragraph 0021); and determining, by a control module electrically connected to the pressure measurement module, whether to operate a massage module electrically connected to the control module, in at least one region among the plurality of regions, based on the pressure measurement signal received from the pressure measurement module (a controller 120 receives pressure data from pressure sensor array 110 to determine profile of pressure points, the pressure-point profile may be used by the controller 120 to determine adjustments to the system involving the massagers 160, Paragraph 0021), determining, when the massage module is operated in the at least one region, an operating mode of the massage module in the at least one region based on the pressure measurement signal (see flowchart shown in Figure 4 showing step 430 in which a determination is made based on if the detected pressure profile exceeds a predetermined limit, with step 460 being when the system is adjusted via the massagers 160, Paragraph 0034), and transmitting a control signal corresponding to the determined operating mode to the massage module to control an operation of the massage module in the at least one region (step 460 in which the system is adjusted via adjustments made to the massagers 160, based on the pressure profile signal, Paragraphs 0033-0034 and Figure 4); herein the control module includes a processing unit (controller 120 includes a processor 122, Paragraph 0022) configured to, when the pressure measurement signal is received from the pressure measurement module, process the received pressure measurement signal to obtain cell pressure data, determine an effective contact area ratio of each region among the plurality of regions based on the cell pressure data (in step 410, pressure is measured at a plurality of locations via pressure sensor array 110, wherein software 125 includes an algorithm to determine pressure profile that includes data from each of the sensors in the sensor array 110, including location of each of the sensors, such that the pressure profile provides a compilation of pressure data for determine seating or lying configurations, such as posture and regions of high and low pressure, pressure distribution, etc., Paragraph 0029 and Figure 4), and compare the determined effective contact area ratio of each region with a predetermined massage operation threshold value to determine whether to operate the massage module in the at least one region (the pressure profile from step 420 is then compared to a first limit at step 430, and used to determine if the system will adjust according to the detected pressure profile, Figure 4 and Paragraph 0030); wherein the processing unit is further configured to, when it is determined by the processing unit to operate the massage module in the at least one region (if in step 450 the cumulative pressure profile exceeds a second limit, method 400 proceeds to step 460 to adjust system configuration, paragraph 0032 and Figure 4), determine a seat pressure distribution value of the at least one region based on the cell pressure data and compare the determined seat pressure distribution value of the at least one region with a predetermined pressure distribution threshold value to determine the operating mode of the massage module in the at least one region (In a step 460, system configuration is adjusted; an example of step 460, configuration of system 100 is adjusted based on the pressure profile determined in step 420 or the cumulative pressure profile determined in step 440; system configuration adjustments may be determined using operation 560, FIG. 5; system 100 may adjust its configuration by adjusting one or more of lower back curvature via lumbar support 130, firmness via air bladders 140, tilt or position via motors 150, massage via massagers 160, and temperature via thermal therapy unit 170, Paragraph 0034); wherein the massage module includes a plurality of massage heads (plurality of massagers 160, Paragraph 0026 and Figure 3), the plurality of massage heads is arranged in the plurality of regions of the seat (Figure 3), and wherein the pressure measurement module includes a plurality of pressure sensor arrays (pressure sensor array 110, Paragraph 0025 and Figures 2-3), and the plurality of pressure sensor arrays is respectively arranged in corresponding regions of the plurality of regions of the seat (Figures 2-3).
Regarding claim 14, Bullard further discloses wherein the processing unit (controller 120 includes a processor 122, Paragraph 0022) is further configured to divide each of the regions into m x n cells, obtain m x n cell pressure data based on the pressure measurement signal of each region (method comprising measuring pressure applied to a surface of a seat via an array of pressure sensors 110 to determine an array of pressure values in real-time via a controller 120, weighing the pressure values based on locations of corresponding pressure sensors of the array to determine weighted-pressure values, determining one or more regions of differential pressure based on the weighted-pressure values and a proximity of the corresponding pressure sensors, therefore the controller is fully capable of dividing each region into an array of cell pressure data based on the regions in which the sensor array 110 is disposed throughout the seat, Paragraph 0012) compare the m x n cell pressure data with a predetermined reference pressure (the pressure profile from step 420 is then compared to a first limit pressure at step 430, and used to determine if the system will adjust according to the detected pressure profile, Figure 4 and Paragraph 0030), count cells having the cell pressure data equal to or greater than the reference pressure to obtain a count value, divide the count value by a product of m and n to determine an effective contact area ratio of each of the regions (the pressure profiles obtained from the sensor array 110 may then be analyzed as a statistical distribution having statistical properties, therefore fully capable of counting various cell data to obtain contact area ratios, Paragraph 0029), and determine to operate the massage module in a corresponding region when the determined effective contact area ratio of any one of the plurality of regions is equal to or greater than a massage operation threshold value, wherein m and n are positive integers (see step 430 as shown in Flowchart Figure 4 wherein is a pressure profile exceeds a first limit pressure, the device is then instructed to adjust a system configuration 460 which may include making adjustments to the various massagers, Paragraph 0034).
Regarding claim 15, Bullard further discloses wherein the processing unit (controller 120 includes a processor 122, Paragraph 0022) is further configured to, when the massage module is operated in any one of the regions, determine an average value and a variance value for the cell pressure data of the cells having the cell pressure data equal to or greater than the reference pressure in the corresponding region, and divide the determined variance value by a value obtained by multiplying a square of the average value by 4 to determine the seat pressure distribution value of the corresponding region (the pressure profiles obtained from the sensor array 110 may then be analyzed as a statistical distribution having statistical properties, therefore fully capable of obtaining statistical values such as averages and variances, Paragraph 0029; see also Paragraph 0038 stating the pressure statistics may include mean, median, standard deviation, etc.).
Regarding claim 16, Bullard further discloses wherein the pressure distribution threshold value includes a first pressure distribution threshold value and a second pressure distribution threshold value (the pressure profile distribution data obtained from the sensor array 110 may then be analyzed as a statistical distribution having statistical properties, therefore fully capable of determining various threshold values, Paragraph 0029; see also Abstract stating comparing pressure data to a first and second limit, therefore a first and second threshold value) and wherein the processing unit is further configured to: determine the operating mode of the massage module in the corresponding region to be a first operating mode when the processing unit concludes that the seat pressure distribution value of any one of the determined regions is smaller than the first pressure distribution threshold value, determine the operating mode of the massage module in the corresponding region to be a second operating mode when the processing unit concludes that the seat pressure distribution value of any one of the determined regions is equal to or greater than the first pressure distribution threshold value and smaller than the second pressure distribution threshold value, and determine the operating mode of the massage module in the corresponding region to be a third operating mode when the processing unit concludes that the seat pressure distribution value of any one of the determined regions is greater than the second pressure distribution threshold value (based on the pressure profile distribution data, and how it compares to the first and second limits and/or threshold values, various adjustments to the system may be made, such as lumbar support, firmness, tilt, shape, and position, as well as massage and heating/cooling, therefore the system is fully capable of operating in three operating modes based on the needs of the user and the pressure profiles detected, Paragraph 0020).
Regarding claim 18, Bullard further discloses wherein the processing unit (controller 120 includes a processor 122, Paragraph 0022) is further configured to determine not to operate the massage module in the corresponding region, when the determined effective contact area ratio of any one of the determined regions is smaller than the massage operation threshold value (if the pressure profile in step 430 does not exceed the first limit pressure, therefore is smaller than the threshold value, the method returns to step 440 to repeat a cumulative pressure profile and no system adjustments are made, therefore the massagers are not adjusted, Paragraphs 0031-0032).
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.
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.
Claim(s) 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bullard et al. (US 2018/0199729 A1) in view of Crealey et al. (US 2022/0015968 A1).
Regarding claim 7, Bullard teaches the adaptive seat massage system of claim 6, and although Bullard further teaches the system operating in various operational modes (massage, heating/cooling, varying levels of firmness, etc., Paragraph 0020), Bullard is silent wherein a massage intensity of the third operating mode is higher than a massage intensity of the second operating mode and a massage frequency of the third operating mode is greater than a massage frequency of the second operating mode, and wherein the massage intensity of the second operating mode is higher than a massage intensity of the first operating mode and the massage frequency of the second operating mode is greater than a massage frequency of the first operating mode.
However, Crealey teaches a massaging cushion (Abstract and Figure 1) comprising a plurality of pressure sensors to therefore map a pressure distribution of a user (pressure sensors 60 used to measure the weight distribution of a patient sitting on the cushion 10, Paragraph 0050 and Figure 6), further comprising a massage module (vibrational motor 50, Paragraph 0044 and Figure 4) wherein the massage intensity and/or frequency may be varied, therefore teaching at least three operational modes (the intensity and/or duration and/or location of vibrations may be adapted to adjust according to the data received by the pressure sensors 60, Paragraph 0053).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Bullard’s system such that the massaging elements have varying intensity and/or frequency, as taught by Crealey, as providing a variety of vibrational options provides the user with a more customizable experience based on their own personal needs.
Regarding claim 17, Bullard teaches the method of claim 16, and although Bullard further teaches the system operating in various operational modes (massage, heating/cooling, varying levels of firmness, etc., Paragraph 0020), Bullard is silent wherein a massage intensity of the third operating mode is higher than a massage intensity of the second operating mode and a massage frequency of the third operating mode is greater than a massage frequency of the second operating mode, and wherein the massage intensity of the second operating mode is higher than a massage intensity of the first operating mode and the massage frequency of the second operating mode is greater than a massage frequency of the first operating mode.
However, Crealey teaches a massaging cushion (Abstract and Figure 1) comprising a plurality of pressure sensors to therefore map a pressure distribution of a user (pressure sensors 60 used to measure the weight distribution of a patient sitting on the cushion 10, Paragraph 0050 and Figure 6), further comprising a massage module (vibrational motor 50, Paragraph 0044 and Figure 4) wherein the massage intensity and/or frequency may be varied, therefore teaching at least three operational modes (the intensity and/or duration and/or location of vibrations may be adapted to adjust according to the data received by the pressure sensors 60, Paragraph 0053).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Bullard’s system such that the massaging elements have varying intensity and/or frequency, as taught by Crealey, as providing a variety of vibrational options provides the user with a more customizable experience based on their own personal needs.
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 SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached on (571)-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785
Prosecution Insights