DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/6/2026 has been entered.
Response to Amendment
This office action is responsive to an amendment filed on 8/06/2026. As directed by amendment: claims 1, 35, 37-38, 41, 45, and 52 were amended, claims 2-34 and 36 were cancelled, no new claims were added, and claim 52 was withdrawn. Thus claims 1, 35, and 37-52 are presently pending in this application.
Claim Interpretation
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.
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.
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: the limitations “a vibrating unit configured to cause vibration” (claim 1, line 15, the term “unit” is a generic placeholder and the function is “vibrating” and “configured to cause vibration”), “the vibrating unit” (claim 35, line 4), “the vibrating unit” (claim 37, lines 1-2), and “the vibrating unit” (claim 38, line 3).
The limitation “the vibrating unit” in claims 45-51 no longer invokes 112(f) because claim 45 claims sufficient structure.
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.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
“vibrating unit”: vibrator (see page 1, lines 22-25 of the specification filed on 2/16/2026) or vibrating unit 50 which includes a drive motor (actuator) 51, a vibrating weight 53 attached to a rotary shaft 52 of the drive motor 51, and a mounting bracket 54 attached to the drive motor 51 (see page 14, lines 6-11 of the specification filed on 2/16/2026).
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which the subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1, 35, and 39-44 are rejected under pre-AIA 35 U.S.C. 102 (b) as anticipated by Hasegawa (JP 2005087604) or, in the alternative, under pre-AIA 35 U.S.C. 103(a) as obvious over Hasegawa (JP 2005087604) in view of Humer (7,677,659).
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Regarding claim 1, Hasegawa discloses a vehicle seat (entire seat in figs. 1-4 having 100 and 10) comprising a seat cushion (100, fig. 1) and a seat back (10, figs. 1-4, see paragraph 0012 of the English translation), and a seat back frame (30, frame 40, 45, 43, 44, 42, fig. 2, paragraph 0013) comprising a framework (30 and 40 comprising 45, 43, 44, 42, 41, and 43, fig. 2), a plate-shaped pressure-receiving member (70, figs. 2 and 3-4, paragraph 0028) located in the framework of the seat back and configured to support an occupant (see figs. 1 and 4), the pressure receiving member extending in a lateral direction and in a perpendicular direction that is perpendicular to the lateral direction (see the annotated-Hasegawa fig. 3 above, as shown, the pressure receiving member 70 is a 3-dimensional shape, therefore, can be defined as having a lateral direction and a perpendicular direction that is perpendicular to the lateral direction), a support wire (44, fig. 2, paragraphs 0017 and 0028) elastically supporting the pressure-receiving member on the seat back frame (see figs. 2-4 and paragraphs 0017 and 0028, Hasegawa discloses that 71 engages with 44), the support wire comprising a left-right elongated portion (see figs. 2 and 4, the support wire 44 extends from left to right, furthermore, see the annotated-Hasegawa fig. 4 above with reference to fig. 2, the left-right elongated portion is the portion of wire 44 that goes through the two upper fasteners 71), a plurality of wire supporting portions configured to hold the support wire on the seat back frame (see portion of 41 and 42 holding wire 44, see the annotated-Hasegawa fig. 2 above), the support wire having opposite end portions connected to and supported on the seat back frame (see the annotated-Hasegawa fig. 2 above, as shown, the support wire having opposite end portions connected to and supported on the seat back frame by 41, the opposite end portions are portions at the end that are on the left and right), a vibrating unit (80 and 81, figs. 2 and 4-6) configured to cause vibration (figs. 4-6 and paragraph 0018), and a cover material (20, fig. 4, paragraph 0013) covering the seat back frame and the pressure-receiving member (fig. 4)(see paragraphs 0017 and 0028, Hasegawa discloses that the plate 70 is elastically supported by 44, therefore, as shown in figs. 2-4, when the user push against the seat back, the force would experience a backward movement to allow the upper body of the user to sink in, see full disclosure), wherein the seat back is configured such that, when a backward movement load is applied from an upper body portion of the occupant seated on the seat cushion to the seat back, the pressure-receiving member moves backward to allow the upper body of the occupant to sink into the seat back, wherein the plurality of wire supporting portions include a first wire supporting portion and a second wire supporting portion located at a position spaced apart from the first wire supporting portion, and wherein the vibrating unit is located between the first wire supporting portion and the second wire supporting portion in a direction in which the first wire supporting portion and the second wire supporting portion are aligned (see paragraphs 0015 and 0018, Hasegawa discloses that the pad member 30 is formed with a thickness sufficient to elastically support the occupant and further discloses that frame portion 42 and the spring member 44 elastically support the first airbag 50 and the second airbag 60, therefore, if the user was to provide adequate force on the seat back, the pressure receiving member being supported elastically by wires 44 would move backward to allow the upper body of the occupant to sink into the seat back, furthermore, see the annotated-Hasegawa fig. 2 above and fig. 4, as shown, the plurality of wire supporting portions including a first wire supporting portion and a second wire supporting portion located at a position spaced apart from the first wire supporting portion and the vibrating unit is located between the first wire supporting portion and the second wire supporting portion in a direction in which the first wire supporting portion and the second wire supporting portion are aligned), Hasegawa discloses that the pressure-receiving member has notches that are disposed at lateral sides of the seat back frame and are recessed toward a central portion of the pressure-receiving member in the lateral direction and wherein the vibrating unit is located between a top edge and a bottom edge of the notches in a vertical direction (see the annotated-Hasegawa fig. 3 above, as shown, the pressure receiving member 70 comprising a plurality of notches, the notches are three dimensional, therefore is recessed towards the central portion relatively and the vibrating unit is located between a top edge and a bottom edge of the notches in a vertical direction, see figs. 2 and 4 for reference), wherein the vibrating unit is located directly beneath the left-right elongated portion as viewed in a front-rear direction (see the annotated-Hasegawa fig. 4 above with reference to fig. 2, the left-right elongated portion is the portion of wire 44 that goes through the two upper 71s), however, if there is any doubt that Hasegawa discloses that the pressure-receiving member has notches that are disposed at lateral sides of the seat back frame and are recessed toward a central portion of the pressure-receiving member in the lateral direction, wherein the vibrating unit is located between a top edge and a bottom edge of the notches in a vertical direction.
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However, Humer teaches a pressure-receiving member (30, figs. 1-2, col 2, lines 16-35) comprising notches that are disposed at lateral sides and are recess toward a central portion of the pressure-receiving member in the lateral direction (col 3, lines 47-60, see the annotated-Humer fig. 1 above).
Therefore, it would have been obvious to one of the ordinary skill in the art at the time the invention was made to modify the lateral sides of the pressure receiving members of Hasegawa to have the notches as taught by Humer for the purpose of providing lateral supports while reducing material usage, thereby, providing known benefit such as reducing weight and material cost.
After the modification, the vibrating unit would be between the upper edges and the lower edges of the notches, since the notches extend from top to bottom of the pressure-receiving member.
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Regarding claim 35, Hasegawa or the modified Hasegawa discloses that the second wire supporting portion is located at one side in the lateral direction of the first wire supporting portion and wherein the vibrating unit is located at a position between the first wire supporting portion and the second wire supporting portion in the lateral direction (see the annotated-Hasegawa for claim 35 fig. 2 above with reference to fig. 4).
Regarding claim 39, Hasegawa or the modified Hasegawa discloses that the support wire is located to a rear of the pressure-receiving member (see fig. 4, the support wire 44 is located to a rear of the pressure-receiving member 70 of Hasegawa).
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Regarding claim 40, Hasegawa or the modified Hasegawa discloses that the pressure-receiving member comprises: a first retaining portion (see the annotated-Hasegawa for claims 40-44 fig. 3 above, the portion of 71 that is within the square is a first retaining portion, see paragraph 0028 of Hasegawa) configured to engage with the support wire (44 of Hasegawa), wherein the first retaining portion is formed on a side of the pressure-receiving member opposite to a side facing occupant (see the retaining portion 71, figs. 3-4 and paragraph 0028 of Hasegawa).
Regarding claim 41, Hasegawa or the modified Hasegawa discloses that the pressure receiving member (70 of Hasegawa) comprises: a first retaining portion (see the annotated-Hasegawa for claims 40-44 fig. 3 above, the portion of 71 that is within the square is a first retaining portion, see paragraph 0028 of Hasegawa) configured to engage the support wire (44, see figs. 3-4 and paragraph 0028 of Hasegawa); and two second retaining portions configured to engage with the support wire, wherein one of the second retaining portions being located on one side of the first retraining portion in the lateral direction and another of the second retaining portions being located on another side of the first retaining portion in the lateral direction, wherein the first retaining portion is located further away than the second retaining portions from the vibrating unit in the perpendicular direction (see the annotated-Hasegawa for claims 40-44 fig. 3 above, the different retaining portions can be sectioned off such that the first retaining portion is located further away than the second retaining portions from the vibrating unit in the perpendicular direction, see 80 of Hasegawa position in fig. 4 as reference).
Regarding claim 42, Hasegawa or the modified Hasegawa discloses that the pressure-receiving member comprises a first retaining portion (see first retaining portion 71 of Hasegawa in the annotated-Hasegawa for claims 40-44 fig. 3 above, see paragraph 0028 of Hasegawa) configured to engage with the support wire (44 of Hasegawa); and a bead portion wherein the bead portion and the vibrating unit are disposed on one side in the perpendicular direction with respect to the first retaining portion (see fig. 4 with reference to the annotated-Hasegawa fig. 3 above, as shown, the bead portion is a bulge/bead portion formed by one of 71, furthermore, the vibrating unit and the bead portion are disposed on the same side of 70, therefore, the bead portion and the vibrating unit are disposed on one side in the perpendicular direction with respect to the first retaining portion).
Regarding claim 43, Hasegawa of the modified Hasegawa discloses that the pressure-receiving member comprises a through hole arranged to traverse the bead portion (see the annotated-Hasegawa for claims 40-44 fig. 3 above, as shown 71 comprises a through hole to accommodate 44, therefore, the through hole of 71 that is adjacent to the bead portion is arranged to traverse the bead portion).
Regarding claim 44, Hasegawa or the modified Hasegawa discloses that the pressure-receiving member (70 of Hasegawa) includes a bead portion, and wherein the vibrating unit is attached to the bead portion (see figs. 2-4 of Hasegawa, the vibrating unit (80 and 81 of Hasegawa) is attached to the pressure-receiving member and is therefore, indirectly attached to the bead portion, see the annotated-Hasegawa for claims 40-44 fig. 3 above).
Claim 37 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hasegawa (JP 2005087604) and alternatively in view of Humer (7,677,659) as applied to claim 1 above, and further in view of Mathers (3,405,709).
Regarding claim 37, Hasegawa or the modified Hasegawa fails to disclose that the vibrating unit is elongated in a direction in which the support wire extends.
Mathers teaches a vibrating unit that elongated (see 20, 22 and 25, figs. 1, 3 and 5, see col 7, lines 3-54).
Therefore, it would have been obvious to one of the ordinary skill in the art at the time the invention was made to modify the vibrating unit of Hasegawa or the modified Hasegawa to be the vibrating unit that is elongated as taught by Mathers for the purpose of providing an alternative vibrating unit that would provide the predictable result of providing vibration and massage effect to the user and for the purpose of providing a vibrating unit that is adjustable in speed (see col 7, lines 3-54 of Mathers).
Claim 38 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hasegawa (JP 2005087604) and alternatively in view of Humer (7,677,659) as applied to claim 1 above, and further in view Matsumoto (2012/0038199).
Regarding claim 38, Hasegawa or the modified Hasegawa fails to disclose headrest stays.
However, Matsumoto teaches a headrest stays (see 15 having legs 55 that are being received by 54, see fig. 1, paragraph 0041, the legs supporting the headrest forms the stays).
Therefore, it would have been obvious to one of the ordinary skill in the art at the time the invention was made to modify the vehicle seat of Hasegawa or the modified Hasegawa to have the headrest stay for the purpose of providing safety and relaxation to the user by supporting the user’s head (see paragraph 0041 of Matsumoto).
After the modification, the vibrating unit is located at a position that does not overlap a position of the headrest stays in the lateral direction since the headrest stays are position at the top of the vehicle seat.
Claims 45-51 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hasegawa (JP 2005087604) and alternatively in view of Humer (7,677,659) as applied to claim 1 above, and further in view of Petty (3,311,935) and alternatively in view of Fortnam (3,461,859).
Regarding claim 45, Hasegawa or the modified Hasegawa discloses that the vibrating unit (80 and 81, figs. 2 and 4-6 of Hasegawa) is attached to the pressure-receiving member (figs. 4-6 and paragraph 0018 of Hasegawa), but fails to disclose a cover member, the vibrating unit comprising a drive motor, a vibrating weight attached to a rotary shaft of the drive motor; and wherein the cover member comprising: a motor cover configured to cover the drive motor and a weight cover configured to cover the vibrating weight, the weight cover protruding a position further away, than the motor cover, from the pressure-receiving member, a first wall that faces the drive motor in a predetermined direction perpendicular to the lateral direction and to the perpendicular direction, and the weight cover comprises: a second wall that faces the vibrating weight in the predetermined direction, and a third wall connected to the first wall and the second wall, wherein further the third wall faces the vibrating weight in the predetermined direction and is inclined with respect to the predetermined direction.
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However, Petty teaches a pressure receiving member (25, figs. 1-4), a vibrating unit (50, 30, 31, 32, 33, 34, 35, 37, 38, 40, 41, 43, 44, 45, 46, figs. 1-2) mounted on the pressure receiving member, the vibrating unit comprising a drive motor (32, figs. 2-3, col 2, line 40 to col 3, line 16), and a vibrating weight (45, 41, 44, 42, figs. 1-4) attached to a rotary shaft (37, fig. 4, col 2, lines 55-59) of the drive motor; and a cover member (30 and 50, figs. 3-4) comprising: a motor cover (30, figs. 3-4, col 2, line 40 to col 3, line 4, see alternative motor cover being defined as part of 50) configured to cover the drive motor and a weight cover (portion of 50 covering the weight, see the annotated-Petty fig. 4 above) configured to cover the vibrating weight, the weight cover protruding a position further away, than the motor cover, from the pressure-receiving member (see the annotated-Petty fig. 4 above, as shown, the weight cover protruding a position further away, than the motor cover, from the pressure-receiving member).
Therefore, it would have been obvious to one of the ordinary skill in the art at the time the invention was made to modify the vibrating unit of Hasegawa or the modified Hasegawa to be the vibrating unit comprising a cover as taught by Petty for the purpose of providing an alternative vibrating unit that would provide the predictable result of providing vibration and massage effect to the user and for the purpose of providing a vibrating unit that is adjustable in amplitude (see col 3, lines 5-34 of Petty).
The modified Hasegawa discloses that the motor cover comprises: a first wall that faces the drive motor in a predetermined direction perpendicular to the lateral direction and to the perpendicular direction, and wherein the weight cover comprises a second wall that faces the vibrating weight in the predetermined direction and a third wall connected to the first wall and the second wall, and wherein the third wall faces the vibrating weight in the predetermined direction and is inclined with respect to the predetermined direction (see the annotated-Petty fig. 4 above, see the motor cover and the weight cover, alternatively, the motor cover can be defined as being part of 50 of Petty, which can be sectioned off or defined to have a first wall that faces the drive motor in a predetermined direction perpendicular to the lateral direction and to the perpendicular direction, and wherein the weight cover comprises a second wall that faces the vibrating weight in the predetermined direction and a third wall connected to the first wall and the second wall, and wherein the third wall faces the vibrating weight in the predetermined direction and is inclined with respect to the predetermined direction). However, if there is any doubt that the modified Hasegawa discloses that the third wall is inclined with respect to the predefined direction.
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Fortnam teaches a cover (32) that comprises a third wall that faces a vibrating weight (24) in the predetermined direction and is inclined with respect to the predetermined direction (see the annotated-Fortnam fig. 1 above and page 1, col 2, lines 24-65).
Therefore, it would have been obvious to one of the ordinary skill in the art at the time the invention was made to modify the third wall of the modified Hasegawa to be inclined as taught by Fortnam for the purpose of providing an alternative shape that would work equally well and would provide the predictable result of providing a shape that is capable of covering a vibrating weight.
Furthermore, if there is any doubt that the modified Hasegawa discloses that the third wall is inclined with respect to the predefined direction. It would have been an obvious matter of design choice to modify the third wall to be inclined with respect to the predefined direction, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 46, the modified Hasegawa discloses that the pressure-receiving member includes a bead portion and the motor cover faces the bead portion (see the annotated-Petty fig. 4 above, after the modification, the vibrating unit of Petty as shown in fig. 4 of Petty is placed between the four hooks 71 of Hasegawa comprising a bead portion (see the annotated-Hasegawa fig. 3 above), therefore, the motor cover can be defined to include a portion of a wall that would face the bead portion of the two lower 71 in fig. 3 of Hasegawa, alternatively, the bead portion is defined as the bead portion of the nut 28 of Petty, and the motor cover can be defined as to include a wall portion that faces the bead portion of Petty).
However, if there is any doubt that the modified Hasegawa discloses that the motor cover faces the bead portion. The feature of choosing to have a particular shape for the motor cover that faces the bead portion would be considered as an obvious design choice since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 47, the modified Hasegawa discloses that the pressure-receiving member includes a bead portion, and wherein the third wall faces the bead portion (see the annotated-Petty fig. 4 above, after the modification, the vibrating unit of Petty as shown in fig. 4 of Petty is placed between the four hooks 71 of Hasegawa comprising a bead portion (see the annotated-Hasegawa fig. 3 above), therefore, the weight cover can be defined to include a portion of a wall that would face the bead portion of the two lower 71 in fig. 3 of Hasegawa, alternatively, the bead portion is defined as the bead portion of the nut 28 of Petty, and the weight cover can be defined to include a wall portion that faces the bead portion of Petty).
However, if there is any doubt that the modified Hasegawa discloses that the weight cover faces the bead portion. The feature of choosing to have a particular shape for the weight cover that faces the bead portion would be considered as an obvious design choice since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 48, the modified Hasegawa discloses that the pressure-receiving member includes a bead portion, and wherein the third wall faces the bead portion (see the annotated-Petty fig. 4 above, after the modification, the vibrating unit of Petty as shown in fig. 4 of Petty is placed between the four hooks 71 of Hasegawa comprising a bead portion (see the annotated-Hasegawa fig. 3 above), therefore, the third wall can be defined to include a portion of a wall that would face the bead portion of the two lower 71 in fig. 3 of Hasegawa, alternatively, the bead portion is defined as the bead portion of the nut 28 of Petty, and the third wall can be defined to include a wall portion that faces the bead portion of Petty).
However, if there is any doubt that the modified Hasegawa discloses that the third wall faces the bead portion. The feature of choosing to have a particular shape for the weight cover that includes a third wall that faces the bead portion would be considered as an obvious design choice since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 49, the modified Hasegawa discloses that the pressure-receiving member is located in the seat back (see figs. 2-4 of Hasegawa), and wherein the drive motor and the vibrating weight are aligned in a vertical direction, and the weight cover protrudes from the pressure-receiving member to a position rearward of the motor cover (see figs. 2-4 of Hasegawa and fig. 4 of Petty, since the motor and the vibrating weight are three dimensional that extends in the vertical direction, the motor and the vibrating weight are aligned in a vertical direction, furthermore, see the location of the vibrating unit of Hasegawa, after the modification with Petty, the weight cover protrudes from the pressure-receiving member to a position rearward of the motor cover).
Regarding claim 50, the modified Hasegawa discloses that the pressure-receiving member is located in the seat back (see figs. 2-4 of Hasegawa), and wherein the drive motor and the vibrating weight are aligned in the lateral direction and the weight cover protrudes from the pressure-receiving member to a position rearward of the motor cover ((see figs. 2-4 of Hasegawa and fig. 4 of Petty, since the drive motor and the vibrating weight are three dimensional that extends in the vertical direction and lateral direction, the motor and the vibrating weight are aligned in a lateral direction, furthermore, see the location of the vibrating unit of Hasegawa, after the modification with Petty, the weight cover protrudes from the pressure-receiving member to a position rearward of the motor cover).
Regarding claim 51, the modified Hasegawa discloses that the pressure-receiving member includes a bead portion, and wherein the cover member is attached to the bead portion (see the bead portion formed by 71 of Hasegawa in the annotated-Hasegawa fig. 3 above, the bead portion would be integrated into the entire vehicle seat, therefore, would be attached to the cover member, it is noted that the claim does not claim that the cover member is directly attached to the bead portion, alternatively, see the alternative bead portion formed by nut 28 of Petty, after the modification with Petty, the bead portion would be attached to the cover member (50) directly).
Claims 1, 35, and 38-44 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Matsumoto (2012/0038199) in view of Schweissgut (DE 19829831).
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Regarding claim 1, Matsumoto discloses a vehicle seat (10 in figs. 1-7, paragraph 0032) comprising: a seat cushion (seat cushion in fig. 7, see col 4, lines 30-37) and a seat back (13 comprising 14, figs. 1-7 and col 5, lines 38-47), a seat back frame (27, 54, 26, 33, 12b, 26a, fig. 1, paragraphs 0034-0038) comprising a framework (framework comprises 27, 26, 33, 12b, 26a) of the seat back frame (see figs. 1-7), a plate-shaped pressure-receiving member (22, fig. 1, paragraph 0042) located in the framework of the seat back and configured to support an occupant (figs. 1-7), the pressure receiving member extending in a lateral direction and in a perpendicular direction that is perpendicular to the lateral direction (see the annotated-Matsumoto fig. 2 above, the pressure-receiving member is three dimensional, therefore, can be defined as extending in a lateral direction and also in a perpendicular direction that is perpendicular to the lateral direction), a support wire (62/23/81/82, fig. 2, paragraphs 0051-0052 and 0055-0057) elastically supporting the pressure-receiving member in the seat back frame (see figs. 1-7), the support wire comprising a left-right elongated portion (see the annotated-Matsumoto fig. 2 above, any elongated portion of the support wire between the lateral sides of the pressure receiving member can be considered as an elongated portion of the support wire); a plurality of wire supporting portions configured to hold the support wire on the seat back frame (see the annotated-Matsumoto fig. 2 above, the wire supporting portions can be defined as shown), the support wire having opposite end portions connected to and supported on the seat back frame (see the annotated-Matsumoto fig. 2 above, the support wire having opposite end portions that are connected to and supported on the seat back frame), a cover material (cover outside of 17 and 17, see fig. 7, paragraph 0042) covering the seat back frame and the pressure-receiving member (see fig. 7)(see paragraphs 0039, 0046, 0056, 0067-0068 and 0076-0082 and figs. 5-6) and a portion A (see the annotated-Matsumoto fig. 2 above), wherein the pressure-receiving member has notches that are disposed at lateral sides of the seat ack frame and are recessed toward a central portion of the pressure-receiving member in the lateral direction, wherein the vibrating unit is located between a top edge and a bottom edge of the notches in a vertical direction (see the annotated-Matsumoto fig. 2 above), the vibrating unit is located directly beneath the left-right elongated portion as viewed in a front-rear direction (see the annotated-Matsumoto fig. 2 above), but fails to disclose a vibrating unit configured to cause vibration.
However, Schweissgut teaches a vibrating unit (6, fig. 2, paragraph 0022 of the English translation) mounted on a pressure receiving member (4, fig. 2, paragraph 0021).
Therefore, it would have been obvious to one of the ordinary skill in the art at the time the invention was made to modify the portion A of the pressure-receiving member of Matsumoto to have the vibrating unit as taught by Schweissgut for the purpose of providing massage therapy to a vehicle’s occupant, thereby providing relaxation to the occupant of the vehicle.
The modified Matsumoto discloses that the seat back is configured such that, when a backward movement load is applied from an upper body portion of the occupant seated on the seat cushion to the seat back, the pressure-receiving member moves backward to allow the upper body of the occupant to sink into the seat back, wherein the plurality of wire supporting portions include a first wire supporting portion and a second wire supporting portion located at a position spaced apart from the first wire supporting portion (see the annotated-Matsumoto fig. 2 above and see paragraphs 0045, 0052-0057 and 0079-0081 and figs. 5-8), and wherein the vibrating unit is located between the first wire supporting portion and the second wire supporting portion in a direction in which the first wire supporting portion and the second wire supporting portion are aligned (after the modification, the vibrating unit would be located between the first wire supporting portion and the second wire supporting portion in a direction in which the first wire supporting portion and the second wire supporting portion are aligned), wherein the vibrating unit is located between a top edge and a bottom edge of the notches in a vertical direction (see the annotated-Matsumoto fig. 2 above).
Regarding claim 35, the modified Matsumoto discloses that the second wire supporting portion is located at one side in the lateral direction of the first wire supporting portion, and wherein the vibrating unit is located at a position between the first wire supporting portion and the second wire supporting portion in the lateral direction (see the annotated-Matsumoto fig. 2 above, in the upright position as shown in the figure, the second wire supporting portion is located at one side in the lateral direction of the first wire supporting portion, and wherein the vibrating unit is located at a position between the first wire supporting portion and the second wire supporting portion in the lateral direction).
Regarding claim 38, the modified Matsumoto discloses headrest stays (see 15 having legs 55 that are being received by 54, see fig. 1, paragraph 0041, the legs supporting the headrest forms the stays), wherein the vibrating unit is located at a position that does not overlap a position of the headrest stays in the lateral direction (see the annotated-Matsumoto fig. 2 above relative to fig. 1).
Regarding claim 39, the modified Matsumoto discloses that the support wire (62/23/81/82, fig. 2, paragraphs 0051-0052 and 0055-0057) is located to a rear of the pressure-receiving member (22, fig. 1, paragraph 0042, see figs. 5-7 for reference).
Regarding claim 40, the modified Matsumoto discloses that the pressure-receiving member (22, fig. 1, paragraph 0042 of Matsumoto) comprises: a first retaining portion (see 65, fig. 2, paragraph 0044 of Matsumoto) configured to engage with the support wire (62/23/81/82, fig. 2, paragraphs 0051-0052 and 0055-0057), wherein the first retaining portion is formed on a side of the pressure-receiving member opposite to a side facing the occupant (see figs. 1-2 and 6-7 of Matsumoto).
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Regarding claim 41, the modified Matsumoto discloses that the pressure receiving member (22, fig. 1, paragraph 0042 of Matsumoto) comprises a first retaining portion (portion comprising 65, see the annotated-Matsumoto for claim 41 fig. 2 above, paragraph 0044 of Matsumoto) configured to engage with the support wire (62/23/81/82 in fig. 2 of Matsumoto); and two second retaining portions (portion comprising 66 and 67 of Matsumoto, see the annotated-Matsumoto for claim 41 fig. 2 above) configured to engage with the support wire, one of the second retaining portions (portion comprising 66 of Matsumoto, see the annotated-Matsumoto for claim 41 fig. 2 above) being located on one side of the first retaining portion in the lateral direction and another of the second retaining portions (portion comprising 67 of Matsumoto, see the annotated-Matsumoto for claim 41 fig. 2 above and paragraph 0044 of Matsumoto) being located on another side of the first retaining portion in the lateral direction, wherein the first retaining portion is located further away than the second retaining portions from the vibrating unit in the perpendicular direction (see fig. 2 of Schweissgut for reference, after the modification, the vibrating unit of Schweissgut would adopt a similar location, which would be further away from the first retaining portion than the second retaining portions of Matsumoto in the perpendicular direction).
Regarding claim 42, the modified Matsumoto discloses that the pressure-receiving member (22, fig. 1, paragraph 0042 of Matsumoto) comprises a first retaining portion (65, fig. 2, paragraph 0048 of Matsumoto) configured to engage the support wire (62/23/81/82 in fig. 2 of Matsumoto), a bead portion, wherein the bead portion and the vibrating unit are disposed on one side in the perpendicular direction with respect to the first retaining portion (see fig. 2 of Schweissgut for reference, after the modification with Matsumoto, the vibrating unit would be disposed on the side having the bead portion, see the annotated-Matsumoto fig. 2 above).
Regarding claim 43, the modified Matsumoto discloses a through hole arranged to traverse the bead portion (see the annotated-Matsumoto fig. 2 above).
Regarding claim 44, the modified Matsumoto discloses that the pressure-receiving member (22, fig. 1, paragraph 0042 of Matsumoto) includes a bead portion (see the annotated-Matsumoto fig. 2 above), wherein the vibrating unit is attached to the bead portion (see the modification with Schweissgut and Petty above, after the modification, the vibrating unit is attached to the bead portion since the modification attached the vibrating unit to portion A).
Claim 37 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Matsumoto (2012/0038199) in view of Schweissgut (DE 19829831) as applied to claim 1 above, and further in view of Mathers (3,405,709).
Regarding claim 37, the modified Matsumoto discloses that the vibrating unit is elongated in a direction in which the support wire extends (see fig. 2, relative to the section shown, the vibrating unit is elongated in a direction in which the support wire extends, since the support wire are three dimensional and extends in all direction).
However, if there is any doubt that the modified Matsumoto discloses that the vibrating unit is elongated.
Mathers teaches a vibrating unit that elongated (see 20, 22 and 25, figs. 1, 3 and 5, see col 7, lines 3-54).
Therefore, it would have been obvious to one of the ordinary skill in the art at the time the invention was made to modify the vibrating unit of the modified Matsumoto to be the vibrating unit that is elongated as taught by Mathers for the purpose of providing an alternative vibrating unit that would provide the predictable result of providing vibration and massage effect to the user and for the purpose of providing a vibrating unit that is adjustable in speed (see col 7, lines 3-54 of Mathers).
Claims 45-51 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Matsumoto (2012/0038199) in view of Schweissgut (DE 19829831) as applied to claim 1 above, and further in view of Petty (3,311,935) and alternatively in view of Fortnam (3,461,859).
Regarding claim 45, the modified Matsumoto discloses that the vibrating unit is attached to the pressure-receiving member (see the modification with Schweissgut), but fails to disclose a cover motor, the vibrating unit comprising a drive motor, and a vibrating weight attached to a rotary shaft of the drive motor; and the cover member comprising: a motor cover configured to cover the drive motor and a weight cover configured to cover the vibrating weight, the weight cover protruding a position further away, than the motor cover, from the pressure-receiving member, the motor cover comprises: a first wall that faces the drive motor in a predetermined direction perpendicular to the lateral direction and to the perpendicular direction, and the weight cover comprises: a second wall that faces the vibrating weight in the predetermined direction, and a third wall connected to the first wall and the second wall, wherein further the third wall faces the vibrating weight in the predetermined direction and is inclined with respect to the predetermined direction.
However, Petty teaches a pressure receiving member (25, figs. 1-4), a vibrating unit (50, 30, 31, 32, 33, 34, 35, 37, 38, 40, 41, 43, 44, 45, 46, figs. 1-2) mounted on the pressure receiving member, the vibrating unit comprising a drive motor (32, figs. 2-3, col 2, line 40 to col 3, line 16), and a vibrating weight (45, 41, 44, 42, figs. 1-4) attached to a rotary shaft (37, fig. 4, col 2, lines 55-59) of the drive motor; and a cover member (30 and 50, figs. 3-4) comprising: a motor cover (30, figs. 3-4, col 2, line 40 to col 3, line 4, see alternative motor cover being defined as part of 50) configured to cover the drive motor and a weight cover (portion of 50 covering the weight, see the annotated-Petty fig. 4 above) configured to cover the vibrating weight, the weight cover protruding a position further away, than the motor cover, from the pressure-receiving member (see the annotated-Petty fig. 4 above, as shown, the weight cover protruding a position further away, than the motor cover, from the pressure-receiving member).
Therefore, it would have been obvious to one of the ordinary skill in the art at the time the invention was made to modify the vibrating unit of the modified Matsumoto to be the vibrating unit comprising a cover as taught by Petty for the purpose of providing an alternative vibrating unit that would provide the predictable result of providing vibration and massage effect to the user and for the purpose of providing a vibrating unit that is adjustable in amplitude (see col 3, lines 5-34 of Petty).
The modified Matsumoto discloses that the motor cover comprises: a first wall that faces the drive motor in a predetermined direction perpendicular to the lateral direction and to the perpendicular direction, and wherein the weight cover comprises a second wall that faces the vibrating weight in the predetermined direction and a third wall connected to the first wall and the second wall, and wherein the third wall is inclined with respect to the predetermined direction, and wherein the third wall faces the vibrating weight in the predetermined direction and is inclined with respect to the predetermined direction (see the annotated-Petty fig. 4 above, see the motor cover and the weight cover, alternatively, the motor cover can be defined as being part of 50 of Petty, which can be sectioned off or defined to have a first wall that faces the drive motor in a predetermined direction perpendicular to the lateral direction and to the perpendicular direction, and wherein the weight cover comprises a second wall that faces the vibrating weight in the predetermined direction and a third wall connected to the first wall and the second wall, and wherein the third wall faces the vibrating weight in the predetermined direction and is inclined with respect to the predetermined direction). However, if there is any doubt that the modified Matsumoto discloses that the third wall is inclined with respect to the predefined direction.
Fortnam teaches a cover (32) that comprises a third wall that faces a vibrating weight (24) in the predetermined direction and is inclined with respect to the predetermined direction (see the annotated-Fortnam fig. 1 above and page 1, col 2, lines 24-65).
Therefore, it would have been obvious to one of the ordinary skill in the art at the time the invention was made to modify the third wall of the modified Matsumoto to be inclined as taught by Fortnam for the purpose of providing an alternative shape that would work equally well and would provide the predictable result of providing a shape that is capable of covering a vibrating weight.
Furthermore, if there is any doubt that the modified Matsumoto discloses that the third wall is inclined with respect to the predefined direction. It would have been an obvious matter of design choice to modify the third wall to be inclined with respect to the predefined direction, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 46, the modified Matsumoto discloses that the pressure-receiving member includes a bead portion and the motor cover faces the bead portion (see the annotated-Petty fig. 4 above, after the modification, the vibrating unit of Petty as shown in fig. 4 of Petty is placed on the pressure-receiving member of Matsumoto comprising a bead portion (see the annotated-Matsumoto fig. 2 above), therefore, the motor cover can be defined to include a portion of a wall that would face the bead portion of Matsumoto).
However, if there is any doubt that the modified Matsumoto discloses that the motor cover faces the bead portion. The feature of choosing to have a particular shape for the motor cover that faces the bead portion would be considered as an obvious design choice since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 47, the modified Matsumoto discloses that the pressure-receiving member includes a bead portion, and wherein the third wall faces the bead portion (see the annotated-Petty fig. 4 above, after the modification, the vibrating unit of Petty as shown in fig. 4 of Petty is placed on the pressure-receiving member of Matsumoto comprising a bead portion (see the annotated-Matsumoto fig. 2 above), therefore, the weight cover can be defined to include a portion of a wall that would face the bead portion of the Matsumoto).
However, if there is any doubt that the modified Matsumoto discloses that the weight cover faces the bead portion. The feature of choosing to have a particular shape for the weight cover that faces the bead portion would be considered as an obvious design choice since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 48, the modified Matsumoto discloses that the pressure-receiving member includes a bead portion, and wherein the third wall faces the bead portion (see the annotated-Petty fig. 4 above, after the modification, the vibrating unit of Petty as shown in fig. 4 of Petty is placed on the pressure-receiving member of Matsumoto comprising a bead portion (see the annotated-Matsumoto fig. 2 above), therefore, the third wall can be defined to include a portion of a wall that would face the bead portion of Matsumoto).
However, if there is any doubt that the modified Matsumoto discloses that the third wall faces the bead portion. The feature of choosing to have a particular shape for the weight cover that includes a third wall that faces the bead portion would be considered as an obvious design choice since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 49, the modified Matsumoto discloses that the pressure-receiving member is located in the seat back, and wherein the drive motor and the vibrating weight are aligned in a vertical direction, and the weight cover protrudes from the pressure-receiving member to a position rearward of the motor cover (see figs. 1-7 of Matsumoto and fig. 4 of Petty, since the motor and the vibrating weight are three dimensional that extends in the vertical direction, the motor and the vibrating weight are aligned in a vertical direction, furthermore, see the location of the vibrating unit of the modified Matsumoto in the annotated-Matsumoto fig. 2 above, after the modification with Petty, the weight cover protrudes from the pressure-receiving member to a position rearward of the motor cover).
Regarding claim 50, the modified Matsumoto discloses that the pressure-receiving member is located in the seat back, and wherein the drive motor and the vibrating weight are aligned in the lateral direction and the weight cover protrudes from the pressure-receiving member to a position rearward of the motor cover (see figs. 1-7 of Matsumoto and fig. 4 of Petty, since the drive motor and the vibrating weight are three dimensional that extends in the vertical direction and lateral direction, the motor and the vibrating weight are aligned in a lateral direction, furthermore, see the location of the vibrating unit of the modified Matsumoto in the annotated-Matsumoto fig. 2 above, after the modification with Petty, the weight cover protrudes from the pressure-receiving member to a position rearward of the motor cover).
Regarding claim 51, the modified Matsumoto discloses that the pressure-receiving member includes a bead portion, and wherein the cover member is attached to the bead portion (see the bead portion in the annotated-Matsumoto fig. 2 above, the bead portion would be integrated into the entire vehicle seat, therefore, would be attached to the cover member, it is noted that the claim does not claim that the cover member is directly attached to the bead portion).
Response to Arguments
Applicant's arguments filed 8/6/2026 have been fully considered but they are not persuasive.
The applicant on pages 11-12 of the remarks argues that Matsumoto makes it clear that the planar elastic body 22 is part of a coordinated structure configured to control the difference between displacement of an upper portion and the displacement of a lower portion during a rear-end collision, and applicant submits that mounting vibrator element 6, as described by Schweissgut, on planar elastic body 22, as described by Matsumoto, would render planar elastic body 22 unsatisfactory for its intended purpose and that applicant submits that the purported mounting of vibration unit 6 on planar elastic body 22, which is provisioned to control the difference between displacement of an upper portion and the displacement of a lower portion during a rear-end collision, would adversely affect the dynamic behavior and performance of planar elastic body 22. Applicant submits that Matsumoto lacks any teaching that would provide any motivation to mount thereon a vibration unit. However, the argument is not persuasive because there is no evidence that the mounting of the vibration element 6 would render planar elastic body 22 unsatisfactory for its intended purpose. Furthermore, Matsumoto does not have any disclosure that would imply that such mounting of the vibration element/unit of Schweissgut would render the planar elastic body 22 unsatisfactory for its intended purpose. Furthermore, the motivation for mounting the vibration element is taken from Schweissgut and the knowledge of one having ordinary skill in the art, Schweissgut discloses a vibration unit for providing a massaging effect to the user. Therefore, the rejection still stands.
The arguments to the newly added claim limitations in claims 1, 35, and 37-51 has been addressed in the above rejection.
Conclusion
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/TU A VO/Primary Examiner, Art Unit 3785
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