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 responsive to the amendment filed on 06/15/2026. As directed by the amendment: claims 1-7 and 9-11 have been amended, claim 8 has been cancelled, and no claims have been added. Thus, claims 1-7 and 9-11 are presently pending in this application.
Claim Interpretation
3. 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.
4. 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.
5. 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.
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 § 103
6. 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.
7. 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.
8. Claim(s) 1-7 and 9-11 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), An et al. (KR-20220046743), and Ishima et al. (US 2005/0285438).
Regarding claim 1, Kang discloses a massage apparatus 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 configured to provide 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);
a compressor 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 200) comprising an inlet (fig. 3, intake unit 100) and a second duct forming a second flow path guiding air introduced into the inlet to the seat portion and the back rest portion (fig. 4, air discharge unit 400 which discharges air to the user through the seat portion, see [0084]).
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Kang does not expressly disclose: the compressor disposed below the seat portion, the duct inlet which air discharged from the compressor is introduced, a first duct forming a first flow path guiding air introduced into the inlet to the air cells, 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 configured to obtain temperature information based on a signal from the temperature sensor, control the compressor to discharge air, and control the valve to open the second flow path when the temperature information is equal to or higher than a first temperature, wherein the second duct extends along a direction in which the back rest portion extends, and wherein the second duct has a plurality of holes arranged along the direction in which the back rest portion extends to increase an area through which air is discharged from the rear side of the back rest portion.
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.
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]).
Regarding the second duct extends along a direction in which the back rest portion extends, and wherein the second duct has a plurality of holes arranged along the direction in which the back rest portion extends to increase an area through which air is discharged from the rear side of the back rest portion, Ishima teaches of a vehicle seat that uses a duct assembly that extends up the back rest portion (fig. 6, duct 60C extends up along the sub seat frame 31) and includes multiple holes along the duct projecting upward (fig. 2, air outlets 61C, see [0039]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the duct of Kang with the duct as taught by Ishima as a simple substitution of one known element for another to obtain a predictable result of providing air the back of a user (Ishima [0012]-[0013]).
The modified apparatus of Kang reads on the compressor 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), the duct inlet (Wilson fig. 1, manifold 50) which air discharged from the compressor is introduced (Wilson fig. 1, compressor 48 feeds into manifold 50), a first duct forming a first flow path guiding air introduced into the inlet to the air cells (Wilson fig. 1, conduits 54 guide the air to ventilation holes, and can similarly inflate air cells when performing the functions of the air supply unit of Kang [0035]), 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); and a processor configured to obtain 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), control the compressor to discharge air, and control 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), wherein the second duct extends along a direction in which the back rest portion extends (Ishima fig. 6, duct 60C extends upwards along the seat back), and wherein the second duct has a plurality of holes arranged along the direction in which the back rest portion extends to increase an area through which air is discharged from the rear side of the back rest portion (Ishima fig. 2, shows multiple air outlets 61C extending along the direction the back rest portion extends, see [0039]).
Regarding claim 2, the modified apparatus of Kang reads on the limitations of claim 1, but does not expressly disclose a remote control.
However, Wilson teaches of a controller (fig. 1, 72) that can communicate wirelessly ([0056] states that the components can communicate wirelessly).
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 controller as taught by Wilson to allow patient control and improved user comfort (Wilson [0001]-[0003]).
The further modified apparatus of Kang reads on an input unit comprising a remote control (Wilson fig. 1, controller 72 and [0056] states that the components can communicate wirelessly) and configured to receive 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 is configured to control 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 is configured to control the valve to close the second flow path, based on the user's command 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 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 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, but does not expressly disclose a remote control.
However, Wilson teaches of a controller (fig. 1, 72) that can communicate wirelessly ([0056] states that the components can communicate wirelessly).
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 controller as taught by Wilson to allow patient control and improved user comfort (Wilson [0001]-[0003]).
The further modified apparatus of Kang reads on an input unit comprising a remote control (Wilson fig. 1, controller 72 and [0056] states that the components can communicate wirelessly) and configured to receive 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 is configured to control the compressor to discharge air and controls the valve to open the second flow path, based on the user's command 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 is configured to control the valve to close the second flow path, based on the user's command 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 is configured to control 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 command 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 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 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 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);
a compressor 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 200) comprising an inlet (fig. 3, intake unit 100) and a second duct forming a second flow path guiding air introduced into the inlet to the seat portion and the back rest portion (fig. 4, air discharge unit 400 which discharges air to the user through the seat portion, see [0084]).
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Kang does not expressly disclose: the compressor disposed below the seat portion, the duct inlet which air discharged from the compressor is introduced, a first duct forming a first flow path guiding air introduced into the inlet to from the massage apparatus, 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 configured to obtain ambient condition information based on a signal from the temperature sensor, and control the compressor to discharge air, and control the valve to open the second flow path when the ambient condition information is equal to or higher than a first threshold, wherein the second duct extends along a direction in which the back rest portion extends, and wherein the second duct has a plurality of holes arranged along the direction in which the back rest portion extends to increase an area through which air is discharged from the rear side of the back rest portion.
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.
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]).
Regarding the second duct extends along a direction in which the back rest portion extends, and wherein the second duct has a plurality of holes arranged along the direction in which the back rest portion extends to increase an area through which air is discharged from the rear side of the back rest portion, Ishima teaches of a vehicle seat that uses a duct assembly that extends up the back rest portion (fig. 6, duct 60C extends up along the sub seat frame 31) and includes multiple holes along the duct projecting upward (fig. 2, air outlets 61C, see [0039]).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to replace the duct of Kang with the duct as taught by Ishima as a simple substitution of one known element for another to obtain a predictable result of providing air the back of a user (Ishima [0012]-[0013]).
The modified apparatus of Kang reads on the compressor 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), the duct inlet (Wilson fig. 1, manifold 50) which air discharged from the compressor is introduced (Wilson fig. 1, compressor 48 feeds into manifold 50), a first duct forming a first flow path guiding air introduced into the inlet from the massage apparatus (Wilson fig. 1, conduits 54 guide the air to ventilation holes, and can similarly inflate air cells when performing the functions of the air supply unit of Kang [0035]), 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, 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 (An [0153] the temperature sensor can be provided on Kang fig. 2, main frame 1300, and [0156] states the temperature sensor measures an external temperature value); and a processor configured to obtain ambient condition information based on a signal from the sensor (An [0157] states that valves for ventilation can be controlled according to temperature sensor reading), control the compressor to discharge air, and control the valve to open the second flow path when the ambient condition information is equal to or higher than a first threshold (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), wherein the second duct extends along a direction in which the back rest portion extends (Ishima fig. 6, duct 60C extends upwards along the seat back), and wherein the second duct has a plurality of holes arranged along the direction in which the back rest portion extends to increase an area through which air is discharged from the rear side of the back rest portion (Ishima fig. 2, shows multiple air outlets 61C extending along the direction the back rest portion extends, see [0039]).
Response to Arguments
9. Applicant’s arguments with respect to claim(s) 1-7 and 9-11 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
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nishimura et al. (US 2016/0347217) discloses a vehicle seat with ducts for the upper and lower parts of the backrest for improved climate control. Cho et al. (US 2017/0080837) discloses a seat device that uses a duct which extends upwards along the back rest portion of the seat.
11. 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.
12. 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
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