DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. This Office Action is in response to the filing of the application on 06/30/2023. Since the initial filing, no claims have been amended, added, or cancelled. Thus, claims 1-11 are currently pending.
Drawings
3. The drawings are objected to because figs. 1-2 include reference character “1” with an underline. Underlining indicates a cross-sectional area, and it is recommended to replace the underline with a lead line with an arrow. See 37 CFR 1.84(q) and 37 CFR 1.84(r).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
4. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “Massage Apparatus Having Air Distribution”.
Claim Objections
Claims 1-7 and 11 are objected to because of the following informalities:
Claim 1 line 7 recites “air cells disposed in the arm rest portions and providing a massage” seems to be reciting a method step in a device claim. It is suggested to change this to –air cells disposed in the arm rest portions and configured to provide a massage—to clarify the claim is directed to a device and not a method.
Similarly, in claim 1 lines 19-21, it is suggested to change “a processor obtaining temperature information based on a signal from the temperature sensor, and controlling the compressor to discharge air and controlling the valve” to –a processor configured to obtain temperature information based on a signal from the temperature sensor, control the compressor to discharge air, and control the valve—to clarify the claim is directed to a device.
Similarly, in claim 2 line 1, it is suggested to change “an input unit receiving commands” to –an input unit configured to receive commands— and, in claim 2 lines 4-5, it is suggested to change “the processor controls the compressor to discharge air and controls the valve” to –the processor is configured to control the compressor to discharge air and control the valve-- to clarify the claim is directed to a device.
Similarly, in claim 3 lines 2-3, it is suggested to change “the processor controls the valve” to –the processor is configured to control the valve-- to clarify the claim is directed to a device.
Similarly, in claim 4 lines 3-5, it is suggested to change “the processor obtains humidity information based on a signal from the humidity sensor, and controls the compressor to discharge air and controlling the valve” to –the processor is configured to obtain humidity information based on a signal from the humidity sensor, control the compressor to discharge air, and control the valve-- to clarify the claim is directed to a device.
Similarly, in claim 5 lines 4-5, it is suggested to change “the processor controls the compressor to discharge air and controls the valve” to –the processor is configured to control the compressor to discharge air and control the valve-- to clarify the claim is directed to a device.
Similarly, in claim 6 line 3, it is suggested to change “the processor controls the valve” to –the processor is configured to control the valve-- to clarify the claim is directed to a device.
Similarly, in claim 7 lines 1-2, it is suggested to change “the processor controls the compressor to discharge air and controls the valve” to –the processor is configured to control the compressor to discharge air and control the valve-- to clarify the claim is directed to a device.
Similarly, in claim 11 lines 18-19, it is suggested to change “a processor obtaining ambient condition information based on a signal from the sensor, and controlling the compressor to discharge air and controlling the valve” to –a processor configured to obtain ambient condition information based on a signal from the sensor, control the compressor to discharge air, and control the valve-- to clarify the claim is directed to a device.
Regarding claims 2-3 and 5-7, the limitation “the user’s command input” in claim 2 line 5, claim 3 line 3, claim 5 line 6, and claim 6 line 4 and the limitation “the user’s input” in claim 7 line 3 are suggested to be changed to –the user’s command—to clarify it is referring to “commands from the user” in claim 2 line 2 and claim 5 line 2 and avoid issues with antecedent basis.
Claim 11 line 17 recites “ambident humidity” which appears misspelled. It is suggested to change this to –ambient humidity--.
Appropriate correction is required.
Claim Interpretation
2. 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.
3. 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.
4. 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” in claim 1 line 5 and claim 11 line 4 are being interpreted as the corresponding structure in fig. 2, massage module “100” or the like.
“input unit” in claim 2 lines 1 and 5-6, claim 3 lines 3-4, claim 5 lines 1 and 6, claim 6 line 4, and claim 7 lines 3 is interpreted as a remote control or the like according to the specification paragraph [71].
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 § 112
5. 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.
6. Claim 11 is 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 11, the limitation “a first flow path discharging air introduced into the inlet from the massage apparatus” in lines 9-10 is unclear if air is entering the massage apparatus (see claim 1 lines 12-13 and specification paragraph [55] which states air is introduced into the inlet to the air cell), or being discharged from the massage apparatus. The claim is being interpreted as –a first flow path discharging air introduced into the inlet to the massage apparatus--.
Claim Rejections - 35 USC § 103
7. 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.
8. 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.
9. Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang et al. (KR-20200001717) in view of Wilson (US 2021/0039530) and An et al. (KR-20220046743).
Regarding claim 1, Kang discloses a massage apparatus (fig. 1) comprising:
a base frame (fig. 2, main frame 1300) comprising a seat portion (see annotated fig. 1 below), a back rest portion obliquely extending from the seat portion (see annotated fig. 1 below, and fig. 2, upper frame 1330), and arm rest portions provided on both sides of the seat portion (see annotated fig. 1 below);
a massage module (fig. 1, massage module 1350) coupled to a rear side (fig. 3, rack gear supporting frame 1332) of the back rest portion ([0068] states that rack gear supporting frame 1332 supports rack gear 1331, and fig. 2, rack gear 1331 allows coupling of the massage module 1350 according to [0051]) and configured to provide a massage to a user ([0025] states massage module 1350 provides a massage to a user);
air cells ([0034] states air cells can be disposed in the pelvis, arm, should, leg, or similar areas) disposed in the arm rest portions (fig. 1, arm massage unit 1130) and providing a massage to the user by expanding as air is introduced into the air cells ([0035] states that an air supply unit can inflate the air cell, which would provide a massage), and further discloses a compressor and configured to discharge compressed air ([0035] states that an air supply unit inflates cells and may be located inside the body massage part 1100), a duct (fig. 3, duct unit 200) comprising an inlet (fig. 3, intake unit 100), a second flow path guiding air introduced into the inlet to the back rest portion (fig. 4, air discharge unit 400 which discharges air to the user through the seat portion, see [0084]), and a temperature controller ([0087] states a temperature controller 600 operates control module 1400 which allows the user to adjust the temperature to a desired). However, Kang does not expressly disclose that the inlet receives air discharged from the compressor which guides air to the air cells, the compressor is disposed below the seat portion, a valve coupled to the inlet, and configured to open and close the first flow path and the second flow path; a temperature sensor provided on the base frame and configured to measure an ambient temperature; and a processor obtaining temperature information based on a signal from the temperature sensor, and controlling the compressor to discharge air and controlling the valve to open the second flow path when the temperature information is equal to or higher than a first temperature.
However, Wilson teaches of a conditioning system for a vehicle seat (fig. 1, seat assembly 20) that includes a single air compressor (fig. 1, air compressor 48) located beneath the seat ([0042]) which supplies air to a manifold and conduit networks (fig. 1, 48 feeds into manifold 50 and further into conduits 54) where the manifold includes valves to control air flow ([0043]). Wilson further teaches of a temperature sensor which senses a temperature of a seat element and coupled to a controller to automatically ([0007]) operate a conditioning unit ([0015]) for the purpose of ventilating a seat to improve comfort of the user ([0001]-[0003]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the air supply unit of Kang with the compressor as taught by Wilson as a simple substitution of one known element for another to obtain a predictable result of providing air flow through various conduits.
Further, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified apparatus of Kang with the manifold, conduits, and controller as taught by Wilson to allow efficient, automatic ventilation of the patient ([0001]-[0003]).
Regarding the compressor being controlled to discharge air and control the valve when the temperature information is equal to or higher than a first temperature, An teaches of massage device for a foot which includes a temperature sensor and air discharge valve 800 where once a measured temperature is above a threshold the air discharge valve is opened to improve user comfort ([0157]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified apparatus of Kang with the temperature sensor and the program for opening an air discharge valve according to temperature as taught by An for the purpose of improving user comfort (An [0157] and [0010]).
The modified apparatus of Kang reads on the limitations of the inlet (Wilson fig. 1, manifold 50) receives air discharged from the compressor (Wilson fig. 1, compressor 48 feeds into manifold 50) which guides air to the air cells (Wilson fig. 1, conduits 54 guide the air to ventilation holes, and can similarly inflate air cells as the air supply unit of Kang [0035]), the compressor is disposed below the seat portion (Wilson [0042] states the air compressor can be located below a seat pan 28 which is located at a seat portion of seat assembly 20, see fig. 1), a valve coupled to the inlet (Wilson [0043] states that manifold 50 can include a pressure regulator assembly which includes one or more valves to control air flow), and configured to open and close the first flow path and the second flow path (Wilson [0043] states that the valves control the air flow, and flow is shown in fig. 1, via conduits 54 through a second flow path to the back rest assembly 22, similarly flow can be provided from compressor 48 to air cells as detailed by Kang [0035]); a temperature sensor provided on the base frame (An [0153] the temperature sensor can be provided on Kang fig. 2, main frame 1300) and configured to measure an ambient temperature (An [0156] states the temperature sensor measures an external temperature value); a processor obtaining temperature information based on a signal from the temperature sensor (An [0157] states that valves for ventilation can be controlled according to temperature sensor reading), and controlling the compressor to discharge air and controlling the valve to open the second flow path when the temperature information is equal to or higher than a first temperature (An [0157] states that when a sensed temperature is greater than or equal to a threshold temperature value, the controller can open the valve to allow air discharge).
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Regarding claim 2, the modified apparatus of Kang reads on the limitations of claim 1, and further reads on an input unit receiving commands from the user (Wilson fig. 1, controller 72 allows control over temperature elements and the air compressor 48 according to [0052]); and wherein, when the temperature information is lower than the first temperature (An [0157] states when the temperature is under a threshold the valve is closed), the processor controls the compressor to discharge air and controls the valve to open the second flow path, based on the user's command input to the input unit (Wilson fig. 1, controller 72 would allow the user to control heating, cooling, or air supply from the compressor on demand according to [0052]).
Regarding claim 3, the modified apparatus of Kang reads on the limitations of claim 2 and further reads on the temperature information is equal to or higher than the first temperature (An [0157] states that when a sensed temperature is greater than or equal to a threshold temperature value, the controller can open the valve to allow air discharge), the processor controls the valve to close the second flow path, based on the user's command input to the input unit (Wilson fig. 1, controller 72 would allow the user to control heating, cooling, or air supply from the compressor on demand according to [0052]).
Regarding claim 4, the modified apparatus of Kang reads on the limitations of claim 1, and further reads on a humidity sensor for controlling operation of the temperature module (Kang [0089]), but does not expressly read on a humidity sensor provided on the base frame and configured to measure an ambient humidity; and wherein the processor obtains humidity information based on a signal from the humidity sensor, and controls the compressor to discharge air and controlling the valve to open the second flow path when the humidity information is equal to or higher than a first humidity.
However, An teaches of a humidity sensor that is connected to a controller to open an air discharge valve if the sensed humidity is above a predetermined threshold value (An [0155]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified apparatus of Kang with the humidity sensor provided as taught by An provided on the frame of Kang for the purpose of sensing the humidity near the body of the user and subsequently discharging air to improve patient comfort (An [0155]-[0156]).
Regarding claim 5, the modified apparatus of Kang reads on the limitations of claim 4 and further reads on input unit receiving commands from the user (Wilson fig. 1, controller 72 allows control over temperature elements and the air compressor 48 according to [0052]); and wherein when the humidity information is lower than the first humidity (An [0155] states that when humidity is lower than a threshold the discharge valve is close) and the temperature information is lower than the first temperature (An [0157] states that when temperature is lower than a threshold, the discharge valve is closed), the processor controls the compressor to discharge air and controls the valve to open the second flow path, based on the user's command input to the input unit (Wilson fig. 1, controller 72 would allow the user to control heating, cooling, or air supply from the compressor on demand according to [0052]).
Regarding claim 6, the modified apparatus of Kang reads on the limitations of claim 5 and further reads on when the humidity information is equal to or higher than the first humidity (An [0155] states that when humidity is greater or equal to a threshold the discharge valve opens) and the temperature information is equal to or higher than the first temperature (An [0157] states that when temperature is greater or equal to a threshold the discharge valve opens), the processor controls the valve to close the second flow path, based on the user's command input to the input unit (Wilson fig. 1, controller 72 would allow the user to control heating, cooling, or air supply from the compressor on demand according to [0052]).
Regarding claim 7, the modified apparatus of Kang reads on the limitations of claim 5 and further reads on the processor controls the compressor to discharge air (Kang [0035 states that the controller can determine when air is supplied to the air cell) and controls the valve (Wilson [0043] states the compressor feeds into a manifold which includes valves) to open the first flow path (Kang [0034] states that air cells are used in various massage units and [0035] states that they are inflated by an air supply unit which is the compressor of Wilson), based on the user's input on the operation of the air cells to the input unit (Kang [0043] states that a user input unit 1120 allows the user to control operation of the massage apparatus including massage parts of which [0034] states air cells are located in the arm massage unit 1130).
Regarding claim 8, the modified apparatus of Kang reads on the limitations of claim 1 and further reads on the duct (Kang fig. 3, duct unit 200) has a plurality of holes (Kang fig. 4, air outlet 400 is shown on both sides of the apparatus) to increase an area through which air is discharged from the rear side of the back rest portion (Kang fig. 4, the two air outlets 400 allow air to come from both sides of the apparatus).
Regarding claim 9, the modified apparatus of Kang reads on the limitations of claim 1, and further reads on a frame cover (Kang fig. 4, sheet supporting member 1333 is wrapped in a sheet portion according to [0069]) provided to cover the seat portion and the back rest portion (see annotated Kang fig. 4 below, sheet supporting member 1333 is shown to extend over the seat and back rest portion, therefore the attached sheet would extend over the same portions), however, Kang does not expressly disclose that the sheet attached to the sheet supporting member has a plurality of first holes corresponding to the seat portion and a plurality of second holes corresponding to the back rest portion.
However, Wilson teaches of a conditioning system for a vehicle seat (fig. 1, seat assembly 20) where conduits (fig. 2, 54) are fed to zones of likely passenger contact ([0038]), and, in these zones, the dress cover can be perforated to allow airflow ([0035]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified apparatus of Kang with conduits to zones of likely contact and perforations in the cover of these zones as taught by Wilson to improve airflow in areas that users will likely contact (Wilson [0038]).
The modified device of Kang reads on a plurality of first holes provided in an area corresponding to the seat portion (Wilson fig. 1, perforations [0035] on dress cover 30 in areas such as seat bottom assembly 24), and a plurality of second holes provided in an area corresponding to the back rest portion (Wilson fig. 1, perforations [0035] on dress cover 30 in areas such as backrest assembly 22).
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Regarding claim 10, the modified apparatus of Kang reads on the limitations of claim 1 and further reads on the compressor being located beneath the massage apparatus (Wilson [0042]) and a case provided below the seat portion of the base frame (Kang fig. 5, depicts an area above base frame 1310. Fig. 2, shows base frame 1310 at the bottom of the frame 1300 and therefore is beneath the seat portion. Fig. 5, shows the area above base frame 1310 as being able to house a power supply 800 ), and configured to accommodate the compressor and at least a portion of the duct (Kang fig. 2, the area between base frame 1310 and upper frame 1330 can house a compressor and the associated conduits, Wilson fig. 1, compressor 48 leading into manifold assembly 50 and conduit network 54).
Regarding claim 11, Kang discloses a massage apparatus (fig. 1) comprising:
a base frame (fig. 2, main frame 1300) comprising a seat portion (see annotated fig. 1 below), a back rest portion extending from the seat portion (see annotated fig. 1 below, and fig. 2, upper frame 1330);
a massage module (fig. 1, massage module 1350) coupled to the back rest portion ([0068] states that rack gear supporting frame 1332 supports rack gear 1331, and fig. 2, rack gear 1331 allows coupling of the massage module 1350 according to [0051]) and configured to provide a massage to a user ([0025] states massage module 1350 provides a massage to a user);
, and further discloses a compressor and configured to discharge compressed air ([0035] states that an air supply unit inflates cells and may be located inside the body massage part 1100), a duct (fig. 3, duct unit 200) comprising an inlet (fig. 3, intake unit 100), a second flow path guiding air introduced into the inlet to the the back rest portion (fig. 4, air discharge unit 400 which discharges air to the user through the seat portion, see [0084]), and a temperature controller ([0087] states a temperature controller 600 operates control module 1400 which allows the user to adjust the temperature to a desired). However, Kang does not expressly disclose that the inlet receives air discharged from the compressor which guides air to the massage apparatus, the compressor is disposed below the seat portion, a valve coupled to the inlet, and configured to open and close the first flow path and the second flow path; a sensor configured to measure an ambient condition, wherein the sensor comprises one or more of a temperature sensor and a humidity sensor, and wherein the ambient condition comprises one or more of an ambient temperature and an ambient humidity; and a processor obtaining ambient condition based on a signal from the sensor, and controlling the compressor to discharge air and controlling the valve to open the second flow path when the ambient condition information is equal to or higher than a first temperature.
However, Wilson teaches of a conditioning system for a vehicle seat (fig. 1, seat assembly 20) that includes a single air compressor (fig. 1, air compressor 48) located beneath the seat ([0042]) which supplies air to a manifold and conduit networks (fig. 1, 48 feeds into manifold 50 and further into conduits 54) where the manifold includes valves to control air flow ([0043]). Wilson further teaches of a temperature sensor which senses a temperature of a seat element and coupled to a controller to automatically ([0007]) operate a conditioning unit ([0015]) for the purpose of ventilating a seat to improve comfort of the user ([0001]-[0003]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the air supply unit of Kang with the compressor as taught by Wilson as a simple substitution of one known element for another to obtain a predictable result of providing air flow through various conduits.
Further, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified apparatus of Kang with the manifold, conduits, and controller as taught by Wilson to allow efficient, automatic ventilation of the patient ([0001]-[0003]).
Regarding the compressor being controlled to discharge air and control the valve when the temperature information is equal to or higher than a first temperature, An teaches of massage device for a foot which includes a temperature sensor and air discharge valve 800 where once a measured temperature is above a threshold the air discharge valve is opened to improve user comfort ([0157]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the modified apparatus of Kang with the temperature sensor and the program for opening an air discharge valve according to temperature as taught by An for the purpose of improving user comfort (An [0157] and [0010]).
The modified apparatus of Kang reads on the limitations of the inlet (Wilson fig. 1, manifold 50) receives air discharged from the compressor (Wilson fig. 1, compressor 48 feeds into manifold 50) which guides air to the massage apparatus (Wilson fig. 1, conduits 54 guide the air to ventilation holes, and can similarly inflate air cells as the air supply unit of Kang [0035]), the compressor is disposed below the seat portion (Wilson [0042] states the air compressor can be located below a seat pan 28 which is located at a seat portion of seat assembly 20, see fig. 1), a valve coupled to the inlet(Wilson [0043] states that manifold 50 can include a pressure regulator assembly which includes one or more valves to control air flow), and configured to open and close the first flow path and the second flow path (Wilson [0043] states that the valves control the air flow, and flow is shown in fig. 1, via conduits 54 through a second flow path to the back rest assembly 22, similarly flow can be provided from compressor 48 to air cells as detailed by Kang [0035]); a sensor configured to measure an ambient condition (An [0156] states the temperature sensor measures an external temperature value), wherein the sensor comprises a temperature sensor, and wherein the ambient condition comprises one or more of an ambient temperature (An [0157] states that valves for ventilation can be controlled according to the temperature sensor reading); and a processor obtaining ambient condition based on a signal from the sensor (Kang [0048] states the massage apparatus includes a controller with at least one processor for operating the apparatus), and controlling the compressor to discharge air and controlling the valve to open the second flow path when the ambient condition information is equal to or higher than a first temperature (An [0157] states that valves for ventilation can be controlled according to temperature sensor reading).
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Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yonekawa et al. (US 2006/0217643) discloses a massaging apparatus that includes an air compressor located underneath a seat portion. Wolas et al. (US 2016/0304013) discloses a method for thermally conditioning a seat that uses a pumping device to heat a seat. Clemente et al. (US 2023/0301851) discloses a seating system that activates heating or cooling systems according to a temperature threshold.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS Z CHANG whose telephone number is (571)272-0432. The examiner can normally be reached Monday-Friday 9:00 am-5:00 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, Timothy Stanis can be reached at (571)272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS Z CHANG/Examiner, Art Unit 3785
/TIMOTHY A STANIS/Supervisory Patent Examiner, Art Unit 3785