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 .
DETAILED ACTION
The instant application having Application Number: 18/375,972 filed on 10/2/23 has a total of 20 claims pending for examination; there are 2 independent claims and 18 dependent claims, all of which are examined below.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/3/25 has been entered.
Priority
Acknowledgment is made of applicant’s claim for priority under 35 U.S.C. § 119 (e) with reference to Application Number: 1918263.3 filed on 12/12/19 and Application Number: 1910978.4 filed on 8/1/19.
Drawings
The drawing(s) have been reviewed by the examiner and are found comply with the provisions of 37 CFR 1.81 to 1.85.
Terminal Disclaimer
The terminal disclaimer filed on 7/7/25 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of Patent No. 12,172,561 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-5, 9, 11, 13-17 is/are rejected under 35 U.S.C. 102(a) as being anticipated by US Patent No. 10,363,852 to Strumolo et al. (hereinafter Strumolo).
With regards to claims 1 and 14, Strumolo teaches a control system [figs 1, 7-9] for controlling inflation of a seat cushion [fig 1 element 26] in a seat assembly [figs 1, 7-9 element 10], wherein the seat cushion [fig 1 element 26] comprises one or [note use of alternate language] more inflatable bladders [fig 1 elements 12, 40] and a seat cushion cover [column 3 line 20 and figs 8-9 - line surrounding element 26];
the control system comprising one or more controllers [fig 1 element 60], the control system being configured to:
determine, using a seat occupancy sensor [figs 1, 7-9 element 62], an occupancy status [fig 7 step 112, column 7 lines 4-40] of the seat assembly [figs 1, 7-9 element 10], the occupancy status indicating one of [note use of alternate language] a seat occupied state and a seat unoccupied state [fig 7 step 112, column 7 lines 4-40]; and
if the determined occupancy status indicates that the seat assembly is in a seat unoccupied state [fig 7 step 112, column 7 lines 4-40], generate a pressure increase signal to increase an inflation pressure of the one or more inflatable bladders to reduce sag in the seat cushion cover [fig 7 step 114, column 7 lines 4-40 – controller element 60 directs pump to provide flow of air to bladders (increase inflation pressure) until a desired pressure is reached which reduces sag in the seat cushion cover since the bladder expands within the cushion so cushion expands and sag is reduced].
With regards to claims 3 and 15, Strumolo teaches the control system as claimed in claim 1, wherein the control system is configured to receive an activation signal [fig 7 step 112 - column 7 lines 4-40 – receiving the signal from sensor element 62];
the pressure increase signal being generated in dependence on receipt of the activation signal [fig 7 step 114 - column 7 lines 4-40 – signaling pump to provide flow of air into bladders to increase pressure].
With regards to claims 4 and 16, Strumolo teaches the control system as claimed in claim 3, wherein the seat assembly is installed in a vehicle having a vehicle door;
the activation signal being generated in dependence on one or [note use of alternate language] more of the following:
detection of an activation of an electronic device associated with the vehicle [column 7 lines 4-13 – method of fig 7 may be initiated when the vehicle if turned off or at the direction of a user of the vehicle];
determination that the vehicle door is unlocked;
determination that the vehicle door is opened; and
determination that a handle of the vehicle door is actuated.
With regards to claims 5 and 17, Strumolo teaches the control system as claimed in claim 1, wherein the control system is configured to:
monitor the occupancy status to identify a first change from the seat unoccupied state to the seat occupied state [fig 7 step 118 – column 7 lines 40 to column 8 line 16]; and
in dependence on identification of the first change in the determined occupancy status [fig 7 step 118 – column 7 lines 40 to column 8 line 16], generate a decrease pressure signal to decrease the inflation pressure of the one or more inflatable bladder [fig 7 steps 122-126 – column 7 lines 40 to column 8 line 16].
With regards to claim 9, Strumolo teaches the control system as claimed in claim 1, wherein the control system is configured to set a target inflation pressure for the one or more inflatable bladders [column 6 lines 15-44 – bladder elements 12, 40 are inflated by pump element 20];
the pressure increase signal increasing the inflation pressure of the one or more inflatable bladders to the target inflation pressure [column 6 lines 15-44 – bladder elements 12, 40 are inflated/pressurized by pump element 20 to a predetermined level] .
With regards to claim 11, Strumolo teaches the control system as claimed in claim 1, wherein the pressure increase signal [fig 7 step 114, column 7 lines 4-40] controls operation of at least one valve [fig 1 elements 14a-14f] associated with the or each inflatable bladder [fig 1 elements 12a-12f]; and
operation of a pump [figs 1, 7-9 element 20] for inflating the one or more inflatable bladder [fig 1 elements 12a-12f].
With regards to claim 13, Strumolo teaches a vehicle [column 3 lines 12-16] comprising the control system as claimed in claim 1 [see claim 1 rejection above], the vehicle comprising at least one seat assembly [figs 1, 7-9 element 10] having a seat cushion [fig 1 element 26], the seat cushion [fig 1 element 26] having a seat cushion cover [column 3 line 20 and figs 8-9 - line surrounding element 26] and one or more inflatable bladder [fig 1 elements 12a-12f];
the control system being configured to generate a pressure increase signal to control an inflation pressure of the one or more inflatable bladders to reduce sag of the seat cushion cover [fig 7 steps 112, 114, column 7 lines 4-40 – controller element 60 directs pump to provide flow of air to bladders (increase inflation pressure) until a desired pressure is reached which reduces sag in the seat cushion cover since the bladder expands within the cushion so cushion expands and sag is reduced].
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.
Claim(s) 2 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 10,363,852 to Strumolo et al. (hereinafter Strumolo) in view of US Patent Application Publication No. 20170259698 to Cuddihy et al. (hereinafter Cuddihy).
With regards to claim 2, Strumolo teaches the control system as claimed in claim 1, wherein the one or more controllers [fig 1 element 60] collectively comprise:
at least one electronic processor [fig 1 element 60] having an electrical input [fig 1 dashed line between elements 62 and 60] for receiving a seat occupancy status signal indicating the occupancy status of the seat assembly [fig 7 steps 112, 114 - column 7 lines 4-40].
Strumolo teaches all of the above but is silent as to at least one memory device electrically coupled to the at least one electronic processor and having instructions stored therein; and wherein the at least one electronic processor is configured to access the at least one memory device and execute the instructions thereon so as to generate the pressure increase signal to increase an inflation pressure of the one or more inflatable bladders.
However, Cuddihy teaches at least one memory device electrically coupled to the at least one electronic processor and having instructions stored therein [Cuddihy paragraphs 6, 11-14, 26-28 – the controller is comprised of an electronic processor and a memory that stores instructions]; and wherein the at least one electronic processor is configured to access the at least one memory device and execute the instructions thereon so as to generate the pressure increase signal to increase an inflation pressure of the one or more inflatable bladders [Cuddihy paragraphs 6, 11-14, 26-28] for the benefit of quick access to information that allows the processor (controller) to perform the desired operations efficiently [Cuddihy paragraphs 6, 11-14, 26-28].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Strumolo and Cuddihy to have at least one memory device electrically coupled to the at least one electronic processor and having instructions stored therein [Cuddihy paragraphs 6, 11-14, 26 – the controller is comprised of an electronic processor and a memory that stores instructions]; and wherein the at least one electronic processor is configured to access the at least one memory device and execute the instructions thereon so as to generate the pressure increase signal to increase an inflation pressure of the one or more inflatable bladders [Cuddihy paragraphs 6, 11-14, 26-28] for the benefit of quick access to information that allows the processor (controller0 to perform the desired operations efficiently [Cuddihy paragraphs 6, 11-14, 26-28].
With regards to claim 20, the combination of Strumolo and Cuddihy teaches a non-transitory, computer-readable storage medium storing instructions thereon that, when executed by one or more electronic processors, cause the one or more electronic processors to carry out the method of claim 14 [see claim 2 rejection above], combined under the same rationale as above.
Claim(s) 7-8, 10, 12 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 10,363,852 to Strumolo et al. (hereinafter Strumolo) in view of US Patent Application Publication No. 20070118259 to Chernoff et al. (hereinafter Chernoff).
With regards to claims 7 and 19, Strumolo teaches all of the above but is silent as to the control system as claimed in claim 1, wherein the control system is configured to:
identify or [note use of alternate language] predict when the occupant is vacating the seat assembly; and
in dependence on the identification or prediction, generate the pressure increase signal to increase the inflation pressure of the one or more inflatable bladder.
However, Chernoff teaches identifying or [note use of alternate language] predicting when an occupant is vacating a seat assembly [Chernoff – paragraphs 6, 17, 20 – when door is opened or when key is engaged within the vehicle door’s lock]; and
in dependence on the identification or prediction, generating a pressure increase signal to increase the inflation pressure of one or more inflatable bladder [Chernoff – paragraphs 6, 17, 20] for the benefit of facilitating egress of the vehicle [Chernoff paragraph 21].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Strumolo and Chernoff to identify or [note use of alternate language] predict when the occupant is vacating the seat assembly [Chernoff – paragraphs 6, 17, 20 – when door is opened or when key is engaged within the vehicle door’s lock]; and
in dependence on the identification or prediction, generate the pressure increase signal to increase the inflation pressure of the one or more inflatable bladder [Chernoff – paragraphs 6, 17, 20] for the benefit of facilitating egress of the vehicle [Chernoff paragraph 21].
With regards to claim 8, Strumolo teaches the control system as claimed in claim 1, wherein the seat cushion comprises at least first and second inflatable bladders [fig 1 elements 12a-12f].
Strumolo teaches all of the above but is silent as to the control system being configured to increase or [note use of alternate language] decrease the inflation pressure of the first and second inflatable bladders in a predetermined sequence.
However, Chernoff teaches a control system being configured to increase or [note use of alternate language] decrease the inflation pressure of a first and second inflatable bladders in a predetermined sequence [Chernoff fig 2 elements 40b, paragraph 20 – bladders are adjusted for ingress and egress and also for seat comfort after said ingress or egress] for the benefit of facilitating ingress or egress of the vehicle [Chernoff paragraph 21] and providing comfort to a user [Chernoff paragraph 15].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Strumolo and Chernoff to have the control system be configured to increase or [note use of alternate language] decrease the inflation pressure of the first and second inflatable bladders in a predetermined sequence [Chernoff fig 2 elements 40b, paragraph 20 – bladders are adjusted for ingress and egress and also for seat comfort after said ingress or egress] for the benefit of facilitating ingress or egress of the vehicle [Chernoff paragraph 21] and providing comfort to a user [Chernoff paragraph 15].
With regards to claim 10, Strumolo teaches all of the above but is silent as to the control system as claimed in claim 9, wherein the control system is configured to estimate usage of the seat assembly and to set the target inflation pressure in dependence on the estimated usage.
However, Chernoff teaches a control system is configured to estimate usage of a seat assembly [Chernoff – paragraphs 6, 17, 20 – when door is opened or when key is engaged within the vehicle door’s lock] and to set the target inflation pressure in dependence on the estimated usage [Chernoff – paragraphs 6, 17, 20] for the benefit of facilitating egress of the vehicle [Chernoff paragraph 21] and providing comfort to a user [Chernoff paragraph 15].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Strumolo and Chernoff to have the control system is configured to estimate usage of the seat assembly [Chernoff – paragraphs 6, 17, 20 – when door is opened or when key is engaged within the vehicle door’s lock] and to set the target inflation pressure in dependence on the estimated usage[Chernoff – paragraphs 6, 17, 20] for the benefit of facilitating egress of the vehicle [Chernoff paragraph 21] and providing comfort to a user [Chernoff paragraph 15].
With regards to claim 12, Strumolo teaches all of the above but is silent as to the control system as claimed in claim 1, wherein the control system is configured to detect the presence or [note use of alternate language] absence of an object on the seat assembly, the control system being configured to inhibit generation of the pressure increase signal when the object is present.
However, Chernoff teaches the control system is configured to detect the presence or [note use of alternate language] absence of an object on the seat assembly, the control system being configured to inhibit generation of the pressure increase signal when the object is present [Chernoff paragraph 15 – when detecting a wallet in an occupant s back pocket] for the benefit of providing comfort to a user [Chernoff paragraph 15].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Strumolo and Chernoff to have the control system is configured to detect the presence or [note use of alternate language] absence of an object on the seat assembly, the control system being configured to inhibit generation of the pressure increase signal when the object is present [Chernoff paragraph 15 – when detecting a wallet in an occupant s back pocket] for the benefit of providing comfort to a user [Chernoff paragraph 15].
Allowable Subject Matter
Claims 6 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to claims 6, the prior art of record alone or in combination fails to teach or fairly suggest wherein the control system is configured to:
monitor the occupancy status to identify a second change from the seat occupied state to the seat unoccupied state; and in dependence on identification of the second change in the determined occupancy status, generate the pressure increase signal to increase the inflation pressure of the one or more inflatable bladder, in combination with the other limitations found in the claim.
With regards to claim 18, the prior art of record alone or in combination fails to teach or fairly suggest identifying a second change in the occupancy status from the seat occupied state to the seat unoccupied state; and in dependence on identification of the second change, increasing the inflation pressure of the one or more inflatable bladder, in combination with the other limitations found in the claim.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot in view of the new grounds of rejection presented above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David E Martinez whose telephone number is (571)272-4152. The examiner can normally be reached Monday-Friday 9:00am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at (571)270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEM
/DAVID E MARTINEZ/Primary Examiner, Art Unit 3634