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 .
This office action is in response to the preliminary amendment filed 9/27/23. As directed by the amendment, claims 4 and 12 have been amended and no claims have been added nor cancelled. As such, claims 1-20 are pending in the instant application.
Specification
The disclosure is objected to because of the following informalities: the language “the rear from piece 130” (para. 0016) is objected to for a typographical error; Examiner suggests amending to read –the rear foam piece 130--.
Appropriate correction is required.
Claim Objections
Claims 1, 3, 6, 10, 13, 15, and 19 are objected to because of the following informalities:
Regarding claim 1, the language “adjacent internal passages” (line 8) is objected to for not maintaining consistency in claim terminology; Examiner suggests amending to read –adjacent internal passages of the network of internal passages—for example.
Regarding claim 1, the language “each massage cell arranged” (line 9) is objected to for not maintaining consistency in claim terminology; Examiner suggests amending to read –each massage cell of the plurality of massage cells arranged--.
Regarding claim 3, the language “the internal passages” (line 2) is objected to for not maintaining consistency in claim terminology; Examiner suggests amending to read –the network of internal passages—for example.
Regarding claim 6, the language “the troughs” (line 5) is objected to for not maintaining consistency in claim terminology; Examiner suggests amending to read –the network of troughs--.
Regarding claim 6, the language the language “the internal passages” (line 5) is objected to for not maintaining consistency in claim terminology; Examiner suggests amending to read –the network of internal passages—for example.
Regarding claim 10, the language “each massage zone” (line 5) is objected to for not maintaining consistency in terminology; Examiner suggests amending to read –each massage zone of the plurality of massage zones--.
Regarding claim 10, the language “adjacent internal passages” (line 6) is objected to for not maintaining consistency in claim terminology; Examiner suggests amending to read –adjacent internal passages of the plurality of internal passages—for example.
Regarding claim 10, the language “each cell disposed” (line 8) is objected to for not maintaining consistency in claim terminology; Examiner suggests amending to read –each cell of the plurality of massage cells disposed--.
Regarding claim 13, the language “the troughs” (line 5) is objected to for not maintaining consistency in claim terminology; Examiner suggests amending to read –the network of troughs--.
Regarding claim 15, the language “adjacent internal passages” (line 7) is objected to for not maintaining consistency in claim terminology; Examiner suggests amending to read –adjacent internal passages of the plurality of internal passages—for example.
Regarding claim 15, the language “each cell disposed” (line 5) is objected to for not maintaining consistency in claim terminology; Examiner suggests amending to read –each cell of the plurality of massage cells disposed--.
Regarding claim 19, the language “the troughs” (line 5) is objected to for not maintaining consistency in claim terminology; Examiner suggests amending to read –the network of troughs--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the language “the outlet passages” (line 6) is unclear as it is not known if this language is referring to each of, or a particular subset of, the “plurality of outlet passages” set forth in line 5. Examiner suggests amending to read –the plurality of outlet passages--.
Regarding claim 1, the language “a massage zone” (line 10) is unclear as it is not known if this is referring to one of the plurality of massage zones set forth in line 7 or intending to introduce another massage zone.
Regarding claim 3, the language “the outlet passages” (line 2-3) is unclear as it is not known if this language is referring to each of, or a particular subset of, the “plurality of outlet passages” set forth in claim 1 line 5. Examiner suggests amending to read –the plurality of outlet passages--.
Regarding claim 4, the language “the massage cells” (line 3) is unclear as it is not known if this is referring to each of, or a particular subset of, the “plurality of massage cells” set forth in claim 1 line 9; Examiner suggests amending to read –the plurality of massage cells--.
Claim 4 recites the limitation "the corresponding massage zone" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 6, the language “the outlet passages” (line 2 and 3, two instances) is unclear as it is not known if this language is referring to each of, or a particular subset of, the “plurality of outlet passages” set forth in claim 1 line 5. Examiner suggests amending to read –the plurality of outlet passages--.
Regarding claim 7, the language “the massage cells” (line 1) is unclear as it is not known if this is referring to each of, or a particular subset of, the “plurality of massage cells” set forth in claim 1 line 9; Examiner suggests amending to read –the plurality of massage cells--.
Regarding claim 7, the language “the passages” (line 2) is unclear as it is not known if this is referring to a particular one, a particular plurality, or all of the plurality of outlet passages, the inlet passage, and network of internal passages.
Regarding claim 10, the language “the massage zones” (line 9) is unclear as it is not known which of the “plurality of massage zones (line 5) this language is referring to; Examiner suggests amending to read –the plurality of massage zones--.
Regarding claim 11, the language “the internal passages” (line 4 and 5, two instances) is unclear as it is not known if this is referring to each/all of, or a particular subset of, the “plurality of internal passages” in claim 10 line 3; Examiner suggests amending to read –the plurality of internal passages--.
Regarding claim 11, the language “the outlet passages” (line 5-6) is unclear as it is not known if this language is referring to each of, or a particular subset of, the “plurality of outlet passages” set forth in claim 10 line 3. Examiner suggests amending to read –the plurality of outlet passages--.
Regarding claim 12, the language “the massage cells” (line 3) is unclear as it is not known if this is referring to each of, or a particular subset of, the “plurality of massage cells” set forth in claim 10 line 8; Examiner suggests amending to read –the plurality of massage cells--.
Claim 12 recites the limitation "the corresponding massage zone" in line 3-4. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 13, the language “the outlet passages” (line 3 and 4, two instances) is unclear as it is not known if this language is referring to each of, or a particular subset of, the “plurality of outlet passages” set forth in claim 10 line 3. Examiner suggests amending to read –the plurality of outlet passages--.
Regarding claim 13, the language “the internal passages” (line 6) is unclear as it is not known if this is referring to each/all of, or a particular subset of, the “plurality of internal passages” in claim 10 line 3; Examiner suggests amending to read –the plurality of internal passages--.
Regarding claim 14, the language “the massage cells” (line 1-2) is unclear as it is not known if this is referring to each of, or a particular subset of, the “plurality of massage cells” set forth in claim 10 line 8; Examiner suggests amending to read –the plurality of massage cells--.
Regarding claim 14, the language “the passages” (line 2) is unclear as it is not known if this is referring to a particular one, a particular plurality, or all of the plurality of outlet passages and plurality of internal passages.
Regarding claim 15, the language “the massage cells” (line 6) is unclear as it is not known if this is referring to each of, or a particular subset of, the “plurality of massage cells” in line 5; Examiner suggests amending to read –the plurality of massage cells--.
Regarding claim 17, the language “the internal passages” (line 4 and 5, two instances) is unclear as it is not known if this is referring to each/all of, or a particular subset of, the “plurality of internal passages” in claim 15 line 3; Examiner suggests amending to read –the plurality of internal passages--.
Regarding claim 17, the language “the outlet passages” (line 5-6) is unclear as it is not known if this language is referring to each of, or a particular subset of, the “plurality of outlet passages” set forth in claim 15 line 3. Examiner suggests amending to read –the plurality of outlet passages--.
Regarding claim 18, the language “the massage cells” (line 3) is unclear as it is not known if this is referring to each of, or a particular subset of, the “plurality of massage cells” in claim 15 line 5; Examiner suggests amending to read –the plurality of massage cells--.
Regarding claim 19, the language “the outlet passages” (line 3 and 4, two instances) is unclear as it is not known if this language is referring to each of, or a particular subset of, the “plurality of outlet passages” set forth in claim 15 line 3. Examiner suggests amending to read –the plurality of outlet passages--.
Regarding claim 19, the language “the internal passages” (line 6) is unclear as it is not known if this is referring to each/all of, or a particular subset of, the “plurality of internal passages” in claim 15 line 3; Examiner suggests amending to read –the plurality of internal passages--.
Regarding claim 20, the language “the massage cells” (line 1-2) is unclear as it is not known if this is referring to each of, or a particular subset of, the “plurality of massage cells” in claim 15 line 5; Examiner suggests amending to read –the plurality of massage cells--.
Regarding claim 20, the language “the passages” (line 2) is unclear as it is not known if this is referring to a particular one, a particular plurality, or all of the plurality of outlet passages and plurality of internal passages.
Claims 2, 5, 8-9, and 16 are rejected based on dependency on a rejected claim.
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(s) 1-3, 5, 7-11, 14-17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mauffrey et al. (2022/0339056) in view of Aoki et al. (6,848,742).
Regarding claim 1, Mauffrey discloses a vehicle seat (see abstract, Fig. 3-8, para. 0031 for example) which includes a reaction plate defining a duct with a duct outlet (see Fig. 3-4, 7-8, reaction plate 4, para. 0003 and 0032 which discloses that element 2 includes a valving to provide for inflation of massage cells 51-54 which is located on opposite side of reaction plate 4 and thus the plate includes a duct with outlet); a cushion having a rear surface facing the reaction plate and a front surface opposite the rear surface and a plurality of massage zones extending between the front and rear surfaces (see Fig. 3-4 and 7-8, cushion 1 with front surface A and rear surface B, see para. 0004 and 0032, massage zones 1a, 1b shown in hidden lines in Fig. 4 and which is the portion of cushion overlaying massage cells); and a plurality of massage cells each arranged between the reaction plate and a massage zone of the cushion (see Fig. 3-4 and 7-8, massage cells 51-54, see para. 0003-0004 and 0032). Mauffrey is silent as to the cushion defining an inlet passage extending to the rear surface and cooperable with a duct outlet, a plurality of outlet passages extending to the front surface and a network of internal passages connecting the outlet passages to the inlet passage; however, Aoki teaches a similar vehicle seat including a ventilation system including plural outlet passages, network of internal passages and an inlet passage to connect to an outlet duct of a support plate (see Aoki Fig. 1, support plate 230 with duct that connects to inlet passage 201a that connects to network of internal passages 201b and to plural outlet passages 201c of cushion 220). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Mauffrey device’s cushion to include the inlet passage, network of internal passages, and plural outlet passages to connect to a duct and an air source, as taught by Aoki, in order to provide air conditioning to the seat to promote user comfort (see Aoki col. 1 ln. 36-38). The modified Mauffrey device includes massage cells located on the rear of the cushion which affects massage zones through to the front side of the cushion and thus the modification to include ventilation system with passages would provide these between/adjacent each other to not interfere with the massage action while also providing the ventilation benefit.
Regarding claim 2, the modified Mauffrey device is silent as to further including a trim cover adjacent to the front surface of the cushion; however, Aoki teaches a similar vehicle seat which teaches this feature (see Aoki Fig. 1, covering 210, col. 2 ln. 30-39). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Mauffrey device to include a trim cover, as taught by Aoki, in order to enhance the appearance and texture of the vehicle seat (see Aoki col. 2 ln. 30-39).
Regarding claim 3, the modified Mauffrey device further includes a fan configured to blow air through the duct, duct outlet, inlet passage, network of internal passages and the outlet passages (see Aoki Fig. 1, fan 312, see col. 30-38).
Regarding claim 5, the modified Mauffrey device’s cushion is foam (see Mauffrey para. 0004 and 0011 for example).
Regarding claim 7, the modified Mauffrey device is such that activation of the massage cells does not restrict airflow through any of the passages (Mauffrey modified in view of Aoki to include the ventilation system of Aoki which is a separate element and thus activation of the massage cells does not affect the air passages of the ventilation system).
Regarding claim 8, the modified Mauffrey device’s cushion forms a seat back (see Mauffrey para. 0003 which discloses the Mauffrey device can be used as the backrest or the seat bottom cushion).
Regarding claim 9, the modified Mauffrey device’s cushion forms a seat bottom (see Mauffrey para. 0003 which discloses the Mauffrey device can be used as the backrest or the seat bottom cushion).
Regarding claim 10, Mauffrey discloses a seat assembly (see abstract, Fig. 3-8, para. 0031 for example) which includes a cushion having a rear surface and a front surface opposite the rear surface and a plurality of massage zones extending between the front and rear surfaces (see Fig. 3-4 and 7-8, cushion 1 with front surface A and rear surface B, see para. 0004 and 0032, massage zones 1a, 1b shown in hidden lines in Fig. 4 and which is the portion of cushion overlaying massage cells); and a plurality of massage cells each arranged between the reaction plate and a massage zone of the cushion (see Fig. 3-4 and 7-8, massage cells 51-54, see para. 0003-0004 and 0032). Mauffrey is silent as to the cushion defining an inlet passage extending to the rear surface and cooperable with a duct outlet, a plurality of outlet passages extending to the front surface and a plurality of internal passages connecting the outlet passages to the inlet passage and a trim cover disposed over the front surface of the cushion; however, Aoki teaches a similar vehicle seat including a ventilation system including plural outlet passages, plural internal passages and an inlet passage to connect to an outlet duct of a support plate (see Aoki Fig. 1, support plate 230 with duct that connects to inlet passage 201a that connects to network of internal passages 201b and to plural outlet passages 201c of cushion 220) and a trim cover disposed over the cushion (see Aoki Fig. 1, covering 210, col. 2 ln. 30-39). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Mauffrey device’s cushion to include the inlet passage, plural internal passages, and plural outlet passages to connect to a duct and an air source, as taught by Aoki, in order to provide air conditioning to the seat to promote user comfort (see Aoki col. 1 ln. 36-38) and to include a trim cover, as taught by Aoki, in order to enhance the appearance and texture of the vehicle seat (see Aoki col. 2 ln. 30-39). The modified Mauffrey device includes massage cells located on the rear of the cushion which affects massage zones through to the front side of the cushion and thus the modification to include ventilation system with passages would provide these between/adjacent each other to not interfere with the massage action while also providing the ventilation benefit.
Regarding claim 11, the modified Mauffrey device further includes a reaction plate adjacent to the rear surface of the cushion such that the massage cells are between the reaction plate and the rear surface and including a duct (see Mauffrey Fig. 3-4 and 7-8, reaction plate 4, para. 0003 and 0032 which discloses that element 2 includes a valving to provide for inflation of massage cells 51-54 which is located on opposite side of reaction plate 4 and thus the plate includes a duct with outlet) and a duct in fluid communication with the internal passages (see Aoki Fig. 1, support plate 230 with duct that connects to inlet passage 201a that connects to network of internal passages 201b and to plural outlet passages 201c of cushion 220); and a fan configured to blow air through the duct the internal passages and the outlet passages (see Aoki Fig. 1, fan 312, see col. 30-38).
Regarding claim 14, the modified Mauffrey device is such that activation of the massage cells does not restrict airflow through any of the passages (Mauffrey modified in view of Aoki to include the ventilation system of Aoki which is a separate element and thus activation of the massage cells does not affect the air passages of the ventilation system).
Regarding claim 15, Mauffrey discloses a seat assembly (see abstract, Fig. 3-8, para. 0031 for example) which includes a cushion having a front surface and a rear surface (see Fig. 3-4 and 7-8, cushion 1 with front surface A and rear surface B, see para. 0004 and 0032); and a plurality of massage cells each disposed proximate to the rear surface such that pressures generated by inflation of the massage cells are transmissible to the front surface (see Fig. 3-4 and 7-8, massage cells 51-54, see para. 0003-0004 and 0032). Mauffrey is silent as to the cushion defining a plurality of outlet passages extending to the front surface and a plurality of internal passages connecting the outlet passages to the inlet passage; however, Aoki teaches a similar vehicle seat including a ventilation system including plural outlet passages and internal passages (see Aoki Fig. 1, support plate 230 with duct that connects to inlet passage 201a that connects to network of internal passages 201b and to plural outlet passages 201c of cushion 220). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Mauffrey device’s cushion to include the plural internal passages, and plural outlet passages to connect to a duct and an air source, as taught by Aoki, in order to provide air conditioning to the seat to promote user comfort (see Aoki col. 1 ln. 36-38). The modified Mauffrey device includes massage cells located on the rear of the cushion which affects massage zones through to the front side of the cushion and thus the modification to include ventilation system with passages would provide these between/adjacent each other to not interfere with the massage action while also providing the ventilation benefit.
Regarding claim 16, the modified Mauffrey device is silent as to further including a trim cover adjacent to the front surface of the cushion; however, Aoki teaches a similar vehicle seat which teaches this feature (see Aoki Fig. 1, covering 210, col. 2 ln. 30-39). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Mauffrey device to include a trim cover, as taught by Aoki, in order to enhance the appearance and texture of the vehicle seat (see Aoki col. 2 ln. 30-39).
Regarding claim 17, the modified Mauffrey device further includes a reaction plate adjacent to the rear surface of the cushion such that the massage cells are between the reaction plate and the rear surface and including a duct (see Mauffrey Fig. 3-4 and 7-8, reaction plate 4, para. 0003 and 0032 which discloses that element 2 includes a valving to provide for inflation of massage cells 51-54 which is located on opposite side of reaction plate 4 and thus the plate includes a duct with outlet) and a duct in fluid communication with the internal passages (see Aoki Fig. 1, support plate 230 with duct that connects to inlet passage 201a that connects to network of internal passages 201b and to plural outlet passages 201c of cushion 220); and a fan configured to blow air through the duct the internal passages and the outlet passages (see Aoki Fig. 1, fan 312, see col. 30-38).
Regarding claim 20, the modified Mauffrey device is such that activation of the massage cells does not restrict airflow through any of the passages (Mauffrey modified in view of Aoki to include the ventilation system of Aoki which is a separate element and thus activation of the massage cells does not affect the air passages of the ventilation system).
Claim(s) 4, 12, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mauffrey and Aoki as applied to claims 1, 10, and 15 above, and further in view of Colja et al. (2010/0244504).
Regarding claims 4, 12, and 18, the modified Mauffrey device is silent as to further including a plurality of resilient pads of a different material than the cushion attached to the rear surface of the cushion between the massage cell and massage zones (Mauffrey para. 0012 disclosing providing varying types of materials to the vehicle seat/cushion device); however, Colja teaches a similar vehicle seat including plural massage cells with plural resilient pads between the cells and the cushion/massage zone (see Colja Fig. 1, massage cells 52 behind foam cushion 80, Fig. 5, resilient pad 92, see para. 0028). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Mauffrey device to include pads on the massage cells, as taught by Colja, in order to provide a further comfort element (see Colja para. 0028).
Claim(s) 6, 13, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mauffrey and Aoki as applied to claims 5, 10, and 15 above, and further in view of Shin et al. (2013/0140857).
Regarding claims 6, 13, and 19, the modified Mauffrey device is silent as to the cushion including front and rear foam pieces that define the passages with a network of troughs connecting one another to form the passages when connected (Aoki Fig. 1 disclosing foam cushion in multiple pieces defining passages as shown); however, Shin discloses a similar vehicle seat including cushion made of various pieces which define troughs for ventilation passages (see Shin Fig. 1-2 and 6, trough 114). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Mauffrey device’s cushion pieces to include troughs to define passages, as taught by Shin, as this would have been obvious substitution of means for providing ventilation passages and one would expect the modified Mauffrey device to perform equally as well.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Zhang et al. (2024/0270141), Worlitz et al. (2013/0187419), Lee et al. (2021/0162904), Friderich et al. (2012/0032478), and Ozaki et al. (2006/0217644) disclose vehicle seats similar to the claimed/disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN W STUART whose telephone number is (571)270-7490. The examiner can normally be reached M-F: 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justine Yu can be reached at 571-272-4835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COLIN W STUART/Primary Examiner, Art Unit 3785