DETAILED ACTION
This final action is in response to the amendment filed on April 3, 2025.
Status of Claims
Claims 1-6, 8-14, and 21-27 are pending.
Claims 1-6, 9, 14, and 21 were amended.
Claims 22-27 were added.
Claims 16-20 were cancelled.
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 .
Claim Rejections - 35 USC § 112
Claims 6 and 9-14 were previously rejected under 35 USC § 112. Applicant has successfully addressed these issues in the amendment filed on April 3, 2025. Accordingly, the rejections to the claims under 35 USC § 112 have been withdrawn.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6, 8-14, and 22-27 are rejected under 35 U.S.C. 103 as being unpatentable over Colja et al. (US 20100244504 A1), herein referred to as Colja, in view of Zwolinski et al. (DE 19806535 A1), herein referred to as Zwolinski.
Regarding claim 1, Colja discloses an assembly (fig 15), comprising: a plurality of bladders (652; note that each plurality of air cells 652 includes a plurality of bladders analogous to 88 in fig 5) arranged in a direction along at least one of a longitudinal axis or a transverse axis (see fig 15; note that the plurality of bladders are arranged along both a longitudinal and a transverse axis); a sensor (analogous to 164 or 168 in fig 10; note that paragraph 0037 teaches that each sensor monitors pressure within a plurality of bladders) positioned in a passage (720) fluidly connected to the plurality of bladders (see fig 15), wherein the sensor detects a pressure of a fluid released through the passage (see paragraph 0037); and a controller (analogous to control module 60) cooperating with and in communication with the plurality of bladders and the sensor (see paragraph 0037), wherein the controller: controls a valve assembly to fill the plurality of bladders with the fluid (see at least paragraph 0037); and releases the fluid filled in the plurality of bladders through the passage (see at least paragraph 0037).
Colja does not explicitly disclose the controller determining at least one of a size or dimensions of an occupant based on the pressure detected by the sensor.
Zwolinski, however, discloses that it is known in the art of automobile seats for a controller of a seat assembly to determine at least one of a size or dimensions of an occupant based on pressure detected by a sensor which is fluidly connected to a plurality of bladders (see the paragraph beginning with “More specifically, an adjustment system for a vehicle seat” on page 2 of the machine translation as well as the paragraph beginning with “As shown at step 304” on page 6 through the paragraph beginning with “The constant K2 and the coefficients C11-C17” on page 7) . The purpose for including the function of the controller to determine the size of a seat occupant based on the pressure detected by the sensor is to provide information to a seat adjustment system to increase the comfort of the seat occupant (see the paragraph beginning with “The present invention relates to” on page 2 of the machine translation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the controller disclosed by Colja with the function to determine size of a seat occupant as taught by Zwolinski in order to provide information to the massage system to increase the comfort of the seat occupant.
Regarding claim 2, Colja (in view of Zwolinski) discloses the assembly of claim 1, wherein the controller determines at least two dimensions corresponding to at least two body parts of the occupant, and wherein the at least two body parts comprises a first body part and a second body part that is different than the first body part (see page 8 of the machine translation of Zwolinski which teaches using the pressure changes in bladder corresponding to the “left leg” and the “right leg”).
Regarding claim 3, Colja (in view of Zwolinski) discloses the assembly of claim 2, wherein the controller controls the plurality of bladders to massage the occupant according to the at least two dimensions (per the combination).
Regarding claim 4, Colja (in view of Zwolinski) discloses the assembly of claim 1, wherein the controller: controls the valve assembly to fill each bladder of the plurality of bladders; and determines a corresponding pressure associated with each bladder of the plurality of bladders based on the pressure detected by the sensor (see at least paragraphs 0031, 0037, and 0048 of Colja).
Regarding claim 5, Colja (in view of Zwolinski) discloses the assembly of claim 1, wherein the controller: controls the valve assembly to fill a first group of bladders of the plurality of bladders; determines a first pressure corresponding to the first group of bladders based on the pressure detected by the sensor; controls the valve assembly to fill a second group of bladders of the plurality of bladders that is different than the first group of bladders; and determines a second pressure corresponding to the second group of bladders based on the pressure detected by the sensor (see at least paragraph 0037 of Colja; note that the ability of a single pressure sensor to monitor multiple air is taught and further supported by the distinction that each air cell could include a separate pressure sensor in an alternative embodiment).
Regarding claim 6, Colja (in view of Zwolinski) discloses the assembly of claim 1, wherein the sensor in the passage determines a pressure associated with each bladder of the plurality of bladders (see at least paragraph 0037 of Colja; note that the ability of a single pressure sensor to monitor multiple air is taught and further supported by the distinction that each air cell could include a separate pressure sensor in an alternative embodiment).
Regarding claim 8, Colja (in view of Zwolinski) discloses a seat assembly comprising a frame supporting the assembly of claim 1 (see Colja fig 1).
Claim 9 is rejected as applied to claim 1 above. Note that the first axis is interpreted as the vertical axis as viewed in Colja fig 15 and the second axis is interpreted as the horizontal axis as viewed in Colja fig 15. There are pluralities of bladders (i.e., at least two) along each of those axes, as well as along the longitudinal axis of each 652 which comprises a plurality of bladders as well.
Regarding claim 10, Colja (in view of Zwolinski) discloses a seat back comprising a frame supporting the assembly of claim 9 (see Colja fig 1).
Regarding claim 11, Colja (in view of Zwolinski) discloses the seat back of claim 10, wherein the first plurality of bladders is arranged along a width of the seat back at a first position and the second plurality of bladders is arranged along the width of the seat back at a second position that is different than the first position, wherein the first position corresponds to a lower region of the seat back, and wherein the second position corresponds to an upper region of the seat back (see Colja fig 15).
Regarding claim 12, Colja (in view of Zwolinski) discloses the seat back of claim 10, wherein the first plurality of bladders is arranged along a width of the seat back and the second plurality of bladders is arranged along a height of the seat back (see Colja fig 15).
Regarding claim 13, Colja (in view of Zwolinski) discloses the seat back of claim 10, wherein the first plurality of bladders is arranged along a height of the seat back at a first position and the second plurality of bladders is arranged along the height of the seat back at second position that is different than the first position, wherein the first position corresponds to a lower region of the seat back, and wherein the second position corresponds to an upper region of the seat back (see Colja fig 15).
Regarding claim 14, Colja (in view of Zwolinski) discloses the assembly of claim 9, wherein the controller controls a valve assembly to fill the first plurality of bladders and the second plurality of bladders with the fluid; and determines an associated pressure of the first plurality of bladders and the second plurality of bladders based on the pressure detected by the sensor (see at least paragraph 0037 of Colja; note that the ability of a single pressure sensor to monitor multiple air is taught and further supported by the distinction that each air cell could include a separate pressure sensor in an alternative embodiment).
Regarding claim 22, Colja (in view of Zwolinski) discloses the assembly of claim 1, wherein the sensor measures a pressure in the passage to determine the pressure associated with each bladder of the plurality of bladders (see at least paragraph 0037 of Colja; note that the ability of a single pressure sensor to monitor multiple air is taught and further supported by the distinction that each air cell could include a separate pressure sensor in an alternative embodiment).
Regarding claim 23, Colja (in view of Zwolinski) discloses the assembly of claim 1, wherein: the plurality of bladders comprises at least a first group of bladders and a second group of bladders; the sensor comprises a first sensor positioned in a first passage supplying fluid to the first group of bladders and a second sensor positioned in a second passage supplying fluid to the second group of bladders; and the first sensor determines a pressure for each bladder of the first group of bladders and the second sensor determines a pressure for each bladder of the second group of bladders (see at least paragraph 0037 of Colja).
Regarding claim 24, Colja (in view of Zwolinski) discloses the assembly of claim 1, wherein: the plurality of bladders is divided into a plurality of sub-groups of bladders; the passage comprises a plurality of passages with each passage associated with one sub-group of bladders; and the sensor comprises a plurality of sensors with each sensor being positioned within one of the plurality of passages for association with a respective one of the sub-groups of bladders (see fig 15 and paragraph 0037 of Colja).
Regarding claim 25, Colja (in view of Zwolinski) discloses the assembly of claim 24, wherein each passage fluidly connects the valve assembly to one of the sub-groups of bladders with each sensor positioned in a passage spaced from the valve assembly and a respective one of the sub-groups of bladders (see fig 15 and paragraph 0037 of Colja).
Regarding claim 26, Colja (in view of Zwolinski) discloses the assembly of claim 9, wherein: the passage comprises a plurality of passages including at least a first passage associated with the first plurality of bladders and a second passage associated with the second plurality of bladders; the sensor comprises a plurality of sensors including at least a first sensor associated with the first passage and a second sensor associated with the second passage; and the first sensor determines a pressure for each bladder of the first plurality of bladders and the second sensor determines a pressure for each bladder of the second plurality of bladders (see fig 15 and paragraph 0037 of Colja).
Regarding claim 27, Colja (in view of Zwolinski) discloses the assembly of claim 26, wherein: the first passage fluidly connects a valve assembly to the first plurality of bladders; the second passage fluidly connects the valve assembly to the second plurality of bladders; the first sensor is positioned in the first passage spaced from the valve assembly and the first plurality of bladders; and the second sensor is positioned in the second passage spaced from the valve assembly and the second plurality of bladders (see fig 15 and paragraph 0037 of Colja).
Allowable Subject Matter
Claim 21 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The examiner notes that the prior art cited on PTO-892 but not relied upon for this rejection discloses bladder assemblies relevant in scope and structure to the claimed invention.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Christine M Mills whose telephone number is (571) 272-8322. The examiner can normally be reached from Monday - Thursday, 7:30 - 5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Fristoe, can be reached on (571) 272-4926. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675
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