DETAILED ACTION
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 .
Status of Claims
This action is in reply to the application filed on September 14th, 2023.
Claims 1, 4, 6-13, and 16 are currently amended and claims 2-3 and 14-15 are previously amended.
Claim 17 has been added.
Claim 5 has been cancelled.
Claims 1-4 and 6-17 are currently pending and have been examined.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS(s)) submitted on 9/14/2023 and 8/04/2025 have been received and considered.
Response to Amendment
Applicant’s amendments to the Claims have overcome the objections to Claim 1 and the 112(b) antecedent basis rejections of claims 1, 4, 7, and 11-13 and the rejections of claims 5 and 9 for imprecision previously set forth in the Non-Final Office Action mailed 5/5/2025.
Response to Arguments
Objection: Applicant's arguments filed 8/4/2025 regarding the dependent form of Claim 16 have been fully considered but they are not persuasive. Previous usage of this form does not make the form proper.
35 USC 112(b): Regarding the rejection of Claim 10 regarding structural omission of "on which the mechanical vibrations generated by the vibration generator are transferred," does not specify to what the vibrations are being transferred, the examiner notes that the amendment further specifies where the mechanical vibrations are originating from but does not address the rejection due to the missing element of what the mechanical vibrations are being transferred to.
35 USC 103: Applicant's arguments filed 8/4/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that Kashiwamura et al (US 4655505) does not disclose the embedment of the pneumatic massage system into a total control file for controlling at least two comfort functions because the Kashiwamura’s control system does not take into account comfort functions, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
In response to applicant's arguments against the references individually against Kashiwamura, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The combination of Kashiwamura’s pneumatic system with a plurality of air bags embedded in a seat, with an air pressure source, a conduit branching from the air pressure source to the plurality of air bags, and selectively opened and closed valves with the pneumatic massage function of Deng (CN 207286241) to substitute for the electromechanical massage system of Inada et al (US 20040097851) as controlled by Inada’s massage apparatus control device, as described fully in the 35 USC 103 rejection below.
Therefore, the 35 USC 103 rejections are substantially maintained and have been revised as necessitated by amendment.
Claim Objections
Claim 16 is objected to because of the following informalities, appropriate correction is required:
Claim 16 recites “Vehicle equipment” and in doing so introduces a new embodiment; therefore, it is an independent claim. However, language such as “according to claim 1” is indicative of dependent-type claims in the new “Vehicle equipment” embodiment. Since claim 1 explicitly recites “A method” embodiment, it is considered a separate and distinct embodiment from the “Vehicle equipment.” For examination purposes, Claim 16 will be treated as an independent claim.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 11 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 11 line 10, “in each case different from that taken into account in the music piece,” is considered new matter because it reads differently than what is presented within ¶ 0059-0060 of the specification. The specification describes “If the provided audio or video file is a music piece then in the analysis and orchestration different instruments or instrument groups or frequencies involved in the music piece are taken into account by assigning in the orchestration the air cushion(s) and/or the electromechanical vibration device(s) of a surface area another instrument or another instrument group or another frequency than that of the air cushion(s) and/or of the electromechanical vibration device(s) of another surface area,” summarized as different instrument groups or frequencies from a music piece being mapped to corresponding different cushions and vibration devices. The new amendment is interpreted to read as instruments, instrument groups, and frequencies from a source different to the music piece being mapped to corresponding different cushions and vibration devices, which is not what is presented within the specification.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: line 4, "on which the mechanical vibrations generated by the vibration generator are transferred," does not specify to what the vibrations are being transferred. It is clear to the examiner that there is a vibration generating part and a carrier part that transfers the vibrations, but it is unclear in the functioning of the carrier part which element these vibrations are then being transferred to, for instance the surface of the seat, directly to a seat occupant, the pneumatic cushions, or something else entirely.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 7, 9, 10, 12, and 15-17 are rejected under 35 U.S.C. 103 as obvious over Inada et al (US 20040097851, hereinafter referred to as Inada) in view of Deng (CN 207286241, hereinafter referred to as Deng, all citations and excerpts taken from the attached machine translation) and Kashiwamura et al (US 4655505, hereinafter “Kashiwamura” )
Regarding Claim 1, Inada teaches:
A method for controlling two or more comfort functions of a vehicle using a controller, (Inada ¶ 0013 “In order to achieve these objects, according to the present invention, there is provided a massaging apparatus comprising […] a control device for controlling an operation of the drive source, wherein the control device is configured to generate a control signal for controlling the operation of the drive source based on an audio signal input from a sound source.”)
the method comprising the following steps: a1) providing as a comfort function: - pulsation massage […] (Inada ¶ 0017 lines 5-7 “the massaging mechanisms driven by the drive sources perform massages with different patterns; for example […] tapping”)
[…] a2) providing at least one of the following as a comfort function: […] - vibration using an electromechanical vibration system of the vehicle including one or more individually controllable electromechanical vibration devices; […] (Inada ¶ 0025 “Preferably, in the massaging apparatus, the massaging mechanism is comprised of a vibration motor with eccentric weight added to an output shaft thereof, in order to obtain massage effects by vibration corresponding to the audio source.”)
[…] - sonication of a vehicle interior using a sound system of the vehicle; […] (Inada ¶ 0098 lines 7-10 “The massaging apparatus 1 is provided with […] speakers 27 for allowing the user to listen to audio from the audio source”)
[…] b) analyzing the provided comfort functions (Inada ¶ 0016 lines 10-14 “Therefore, the operation of the drive source is suitably controlled by the music source, including sound in a medium or high frequency band and the musical rhythm or melody can be taken in as a pattern of the massage. As a result, various massages are performed according to music”)
and providing a total control file for the provided comfort functions; (Inada ¶ 0038 “The audio signal and the control program signal may be input in a time division form, and the control device is configured to temporarily store the audio signal and the control program signal input in the time division form and separate the control program signal from the audio signal, and convert the separated control program signal into the control signal.”)
c) orchestrating the total control file for controlling the provided comfort functions in that, starting from the analysis of the provided comfort functions, individual control signals are generated for each comfort function; and (Inada ¶ 0017 lines 1-7 “The massaging apparatus may comprise a plurality of massaging mechanisms, the control device being provided for each of the massaging mechanisms. Thereby, since different control signals are applied to the massaging mechanisms, the massaging mechanisms driven by the drive sources perform massages with different patterns; for example, kneading, tapping, and vibration”)
d) synchronized transmitting of the individual control signals to the corresponding comfort functions, (Inada ¶ 0041 lines 7-9 “With this configuration, the control program signal and the audio signal can be transmitted in synchronization with each other.”)
wherein each comfort function is controlled by the individually assigned control signal, […] (Inada ¶ 0034 lines 1-6 “a pair of the drive source and the massaging mechanism may be provided for each of the plural audio signals, and the control device may be configured to convert each of the plural audio signals into the control signal for controlling the corresponding drive source”)
Inada does not teach:
[…] using a pneumatic massage system of a vehicle seat
including at least two air cushions
and one air supply system
for the individual air impingement of the air cushions; […]
[…] - lumbar support using the pneumatic massage system;
- pelvic activation using the pneumatic massage system;
- lateral adjustment using the pneumatic massage system; […]
[…] - scenting using one or more scenting devices;
- air ionization using one or more ionization devices;
- seat ventilation using one or more ventilation devices;
- seat heating using one or more heaters;
- air conditioning using an air conditioning unit of the vehicle and/or of the vehicle seat;
- humidity control using one or more humidity controllers of the vehicle;
- ambient lighting using an ambient lighting system of the vehicle;
- picture and/or video playback using one or more displays of the vehicle; […]
[…] - lighting of the vehicle interior using a vehicle interior lighting system; and
- movement of at least partial areas of the vehicle seat using one or more vehicle seat adjusters; […]
[…] wherein in the generation of the control signals for the comfort functions, an individual controllability of the air cushions of the pneumatic massage system and/or the arrangement and distribution of the air cushions of the pneumatic massage system in the vehicle seat is taken into account.
Within the same field of endeavor as Inada, Deng teaches:
[…] using a pneumatic massage system of a vehicle seat […] (Deng Pg 4 ¶ 1 lines 1-12 “installing inflatable airbag 8 respectively provide pneumatic massage air source to the air cushion 5 […] a plurality of electromagnetic universal roller 16 […]and vibratory massage so as to realize the functions of the nursing chair, so as to relieve the user mental stress and fatigue, which is convenient for the user to rest. Improve the comfort, and simple and reliable structure, wide applicable crowd,” as applies to the vehicle seat of Inada)
Inada and Deng are both considered analogous because they both to massage chairs, wherein Inada presents multiple independently controlled electromechanical massage functions and Deng presents a chair with both electromechanical vibration function and pneumatic massage function. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electromechanical vibration and massage function of Inada by substituting the pneumatic massage function of Deng. The substitution of these elements would be made with a reasonable expectation of success as motivated by the use of simple and reliable structure (Deng Pg 4 ¶ 1 lines 11-12) by applying a known technique (pneumatic massage) to a known device (a massage chair) to yield predictable results (massage)(MPEP 2143(I)(D).
The combination of Inada and Deng does not teach:
[…] including at least two air cushions
and one air supply system
for the individual air impingement of the air cushions; […]
[…] - lumbar support using the pneumatic massage system;
- pelvic activation using the pneumatic massage system;
- lateral adjustment using the pneumatic massage system; […]
[…] - scenting using one or more scenting devices;
- air ionization using one or more ionization devices;
- seat ventilation using one or more ventilation devices;
- seat heating using one or more heaters;
- air conditioning using an air conditioning unit of the vehicle and/or of the vehicle seat;
- humidity control using one or more humidity controllers of the vehicle;
- ambient lighting using an ambient lighting system of the vehicle;
- picture and/or video playback using one or more displays of the vehicle; […]
[…] - lighting of the vehicle interior using a vehicle interior lighting system; and
- movement of at least partial areas of the vehicle seat using one or more vehicle seat adjusters; […]
[…] wherein in the generation of the control signals for the comfort functions, an individual controllability of the air cushions of the pneumatic massage system and/or the arrangement and distribution of the air cushions of the pneumatic massage system in the vehicle seat is taken into account.
Within the same field of endeavor as Inada and Deng, Kashiwamura teaches:
[…] including at least two air cushions (Kashiwamura Col 2 lines 33-34 “a plurality of air bags embedded in a seat;”)
and one air supply system (Kashiwamura Col 2 lines 34-35 “an air pressure source;”)
for the individual air impingement of the air cushions; […](Kashiwamura Col 2 lines 35-37 “a single first conduit connected the air pressure source at its one end and branched off into a plurality of second conduits leading to the air bags at its other end;”)
[…] - lumbar support using the pneumatic massage system; […] - lateral adjustment using the pneumatic massage system; […] (Kashiwamura Col 3 lines 53-59 “FIG. 1 is a perspective view schematically illustrating a pneumatically controlled seat for vehicle S according to this invention. This seat for vehicle S is provided with […] right and left side support bags 2 and 3 [lateral adjustment] also for the seat back, lumbar support bags 4 to 6, right and left side support bags 7 and 8 [lumbar support] for the seat cushion [lateral adjustment]”)
[…] wherein in the generation of the control signals for the comfort functions, an individual controllability of the air cushions of the pneumatic massage system and/or the arrangement and distribution of the air cushions of the pneumatic massage system in the vehicle seat is taken into account. (Kashiwamura Col 2 lines 45-48 “the control means comprising […] means for selectively opening and closing the on-off valves and the exhaust valve,” teaching an ability to individually control air cushions, as applies to the control device converting control signals for controlling the corresponding drive sources.)
Inada, Deng, and Kashiwamura are all considered analogous because they all relate to chair controllers. Kashiwamura presents a multiple-air-cushion pneumatic chair adjustment system capable of the chair adjustment functions using pneumatic function similar to Deng. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electromechanical vibration function and control system of Inada and the pneumatic massage function of Deng with the simple substitution of Kashiwamura’s pneumatic system with a plurality of air bags embedded in a seat, with an air pressure source, a conduit branching from the air pressure source to the plurality of air bags, lateral adjustment and lumbar support with the pneumatic cushions, and selectively opened and closed valves. The substitution of these elements would be made with a reasonable expectation of success as motivated by the ability to optimize body pressure distribution at all times through pneumatic control (Kashiwamura Col 2 lines 16-22).
Regarding Claim 2, the combination of Inada, Deng, and Kashiwamura teaches the elements of Claim 1 as described above. Inada further teaches:
wherein the control signal or the respective other individual control signal are taken into account in the analysis, the orchestration and the generation of the individual control signals, so that the control of all provided comfort functions using the individual control signals takes place in a coordinated and/or complementary way. (Inada ¶ 0013 “In order to achieve these objects, according to the present invention, there is provided a massaging apparatus comprising […] a control device for controlling an operation of the drive source, wherein the control device is configured to generate a control signal for controlling the operation of the drive source based on an audio signal input from a sound source.” And ¶ 0031 “The composite audio signal may be composed of the audio signal and a control program signal created to cause the massaging mechanism to operate according to the audio signal, and the control device may be configured to convert the control program signal into the control signal when the audio signal and the control program signal are input. With this configuration, since the control program signal corresponds to the audio signal, comfortable massage is performed in synchronization with music and according to tempo of music or rise and fall of the music,” where the phrase in the instant application “taken into account” will be considered generally to mean “used as an input”)
Regarding Claim 3, the combination of Inada, Deng, and Kashiwamura teaches the elements of Claim 1 as described above. Inada further teaches:
wherein a provided audio or video file is taken into account in the analysis of the provided comfort functions and the provision of a total control file. (Inada ¶ 0022 “In accordance with these massaging apparatuses, a frequency band of the audio signal is selected and processed waveform is arbitrarily extracted, or these are combined, thereby deriving patterns of operation control of plural kinds of drive sources from one type of audio signal. That is, massage patterns are obtained based on content of the music sources,” the audio signal being the provided file)
Regarding Claim 4, the combination of Inada, Deng, and Kashiwamura teaches the elements of Claim 1 as described above. Inada further teaches:
wherein properties of the provided comfort functions are taken into account in the analysis and the orchestration. (Inada ¶ 0031 “The composite audio signal may be composed of the audio signal and a control program signal created to cause the massaging mechanism to operate according to the audio signal, […] With this configuration, since the control program signal corresponds to the audio signal, comfortable massage is performed […] according to tempo of music or rise and fall of the music,” the properties being the tempo, rise, and fall)
Regarding Claim 7, the combination of Inada, Deng and Kashiwamura teaches the elements of Claim 1 as described above. Inada further teaches:
wherein a type of massage selected by a vehicle occupant is taken into account in the analysis and orchestration. (Inada ¶ 0164 lines 25-28 “The user operates the operation mode setting unit 81 to select a desired music piece and strength or the like of the massaging operation.”)
Regarding Claim 9, the combination of Inada, Deng, and Kashiwamura teaches the elements of Claim 1 as described above. Inada further teaches:
wherein to accomplish one or more comfort functions, an electromechanical vibration system of a vehicle seat is provided including at least two individually controllable electromechanical vibration devices; (Inada ¶ 0099 “FIG. 3 is a block diagram showing a schematic configuration of the control system of the massaging apparatus 1. As shown in FIG. 3, the control device 13 controls operations of three types of motors 5a, 10, and 11; that is, the kneading operation, the tapping operation, and the vibration. An up-down motor 7 for reciprocating the up-down base 6 is vertically reciprocatable at a constant pitch without depending on the audio signal. As a matter of course, the up-down motor 7 of the up-down base 6 may be controlled in accordance with the audio signal by the control device 13.”)
wherein in the generation of the control signal for the comfort function or comfort functions, the individual controllability of several electromechanical vibration devices of the vibration system is taken into account. (Inada ¶ 0031 “The composite audio signal may be composed of the audio signal and a control program signal created to cause the massaging mechanism to operate according to the audio signal, […] With this configuration, since the control program signal corresponds to the audio signal, comfortable massage is performed […] according to tempo of music or rise and fall of the music,” the properties being the tempo, rise, and fall)
Regarding Claim 10, the combination of Inada, Deng, and Kashiwamura teaches the elements of Claim 9 as described above. Inada further teaches:
wherein the electromechanical vibration devices include in each case one vibration generator for generating a mechanical vibration and a carrier part connected to the vibration generator, on which the mechanical vibrations generated by the vibration generator are transferred. (Inada ¶ 0097 “The massaging mechanism 5 in the seat portion 3 serves to give vibration to the body of the user and is comprised of a vibration motor 5a (see FIG. 3). The vibration motor 5a has an output shaft with eccentric weight attached thereon and the motor itself vibrates by rotation of the weight,” the carrier part being the chair in which the massaging mechanism is installed)
Regarding Claim 12, the combination of Inada, Deng, and Kashiwamura teaches the elements of Claim 1 as described above. Inada further teaches:
wherein individually entered wishes of a vehicle occupant or those selected from a given selection are taken into account in the analysis and orchestration. (Inada ¶ 0024 “Preferably, in the massaging apparatus, the operation mode setting unit has an operation portion with which an operator enters the operation mode, because an operator can set a desired operation mode of the audio source.”)
Regarding Claim 15, the combination of Inada, Deng, and Kashiwamura teaches the elements of Claim 1 as described above. Inada further teaches:
wherein a vehicle occupant selects a music piece or a playlist using an input device of the controller and the selected music piece or a music piece from the selected playlist is provided as audio or video file for the analysis and orchestration of the total control file. (Inada ¶ 0024 lines 3-4 “an operator can set a desired operation mode of the audio source.”)
Regarding Claim 16, Inada teaches:
Vehicle equipment configured to carry out the method according to claim 1; and wherein the method controls at least two comfort functions of a vehicle; wherein the vehicle equipment includes one controller; (Inada ¶ 0013 “In order to achieve these objects, according to the present invention, there is provided a massaging apparatus comprising […] a control device for controlling an operation of the drive source, wherein the control device is configured to generate a control signal for controlling the operation of the drive source based on an audio signal input from a sound source.”)
wherein the vehicle equipment has the following equipment to provide comfort functions:
- a […] massage system of a vehicle seat […] (Inada ¶ 0017 lines 5-7 “the massaging mechanisms driven by the drive sources perform massages with different patterns; for example […] tapping,” shown in Fig. 1 to be in a seat)
[…] wherein the controller is configured to: analyze a provided comfort function (Inada ¶ 0016 lines 10-14 “Therefore, the operation of the drive source is suitably controlled by the music source, including sound in a medium or high frequency band and the musical rhythm or melody can be taken in as a pattern of the massage. As a result, various massages are performed according to music,” taking sound from a music source as a comfort function)
and provide a total control file for the provided comfort functions; (Inada ¶ 0038 “The audio signal and the control program signal may be input in a time division form, and the control device is configured to temporarily store the audio signal and the control program signal input in the time division form and separate the control program signal from the audio signal, and convert the separated control program signal into the control signal.”)
orchestrate the total control file for controlling the provided comfort functions, in that starting from the analysis of the provided comfort functions; individual control signals are generated for each comfort function; (Inada ¶ 0017 lines 1-7 “The massaging apparatus may comprise a plurality of massaging mechanisms, the control device being provided for each of the massaging mechanisms. Thereby, since different control signals are applied to the massaging mechanisms, the massaging mechanisms driven by the drive sources perform massages with different patterns; for example, kneading, tapping, and vibration”)
and the individual control signals are transmitted to the corresponding comfort functions in a synchronized way, (Inada ¶ 0041 lines 7-9 “With this configuration, the control program signal and the audio signal can be transmitted in synchronization with each other.”)
wherein each comfort function is controlled by the assigned individual control signal. (Inada ¶ 0034 lines 1-6 “a pair of the drive source and the massaging mechanism may be provided for each of the plural audio signals, and the control device may be configured to convert each of the plural audio signals into the control signal for controlling the corresponding drive source”)
Inada does not teach:
[…] pneumatic […]
[…] including at least two air cushions
and one air supply system
for the individual air impingement of the air cushions; […]
Within the same field of endeavor as Inada, Deng teaches:
[…] - a pneumatic massage system of a vehicle seat […] (Deng Pg 4 ¶ 1 lines 1-12 “installing inflatable airbag 8 respectively provide pneumatic massage air source to the air cushion 5 […] a plurality of electromagnetic universal roller 16 […]and vibratory massage so as to realize the functions of the nursing chair, so as to relieve the user mental stress and fatigue, which is convenient for the user to rest. Improve the comfort, and simple and reliable structure, wide applicable crowd,” as applies to the vehicle seat of Inada)
Inada and Deng are both considered analogous because they both to massage chairs, wherein Inada presents multiple independently controlled electromechanical massage functions and Deng presents a chair with both electromechanical vibration function and pneumatic massage function. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electromechanical vibration and massage function of Inada by substituting the pneumatic massage function of Deng. The substitution of these elements would be made with a reasonable expectation of success as motivated by the use of simple and reliable structure (Deng Pg 4 ¶ 1 lines 11-12) by applying a known technique (pneumatic massage) to a known device (a massage chair) to yield predictable results (massage)(MPEP 2143(I)(D).
The combination of Inada and Deng does not teach:
[…] including at least two air cushions
and one air supply system
for the individual air impingement of the air cushions; […]
Within the same field of endeavor as Inada and Deng, Kashiwamura teaches:
[…] including at least two air cushions (Kashiwamura Col 2 lines 33-34 “a plurality of air bags embedded in a seat;”)
and one air supply system (Kashiwamura Col 2 lines 34-35 “an air pressure source;”)
for the individual air impingement of the air cushions; […] (Kashiwamura Col 2 lines 35-37 “a single first conduit connected the air pressure source at its one end and branched off into a plurality of second conduits leading to the air bags at its other end;”)
Inada, Deng, and Kashiwamura are all considered analogous because they all relate to chair controllers. Kashiwamura presents a multiple-air-cushion pneumatic chair adjustment system capable of the chair adjustment functions using pneumatic function similar to Deng. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electromechanical vibration function and control system of Inada and the pneumatic massage function of Deng with the simple substitution of Kashiwamura’s pneumatic system with a plurality of air bags embedded in a seat, with an air pressure source, a conduit branching from the air pressure source to the plurality of air bags, and selectively opened and closed valves. The substitution of these elements would be made with a reasonable expectation of success as motivated by the ability to optimize body pressure distribution at all times through pneumatic control (Kashiwamura Col 2 lines 16-22).
Regarding Claim 17, the combination of Inada, Deng, and Kashiwamura teaches the elements of Claim 16 as described above. Inada further teaches:
wherein the vehicle equipment has at least one of the following equipment to provide comfort functions: - an electromechanical vibration system independent from the pneumatic massage system of a vehicle seat including one or more individually controllable electromechanical vibration devices; (Inada ¶ 0025 “Preferably, in the massaging apparatus, the massaging mechanism is comprised of a vibration motor with eccentric weight added to an output shaft thereof, in order to obtain massage effects by vibration corresponding to the audio source,”)
- one or more scenting devices;
- one or more ionization devices;
- one or more ventilation devices;
- one or more heaters for a seat heating;
- an air conditioning unit of the vehicle and/or of the vehicle seat;
- one or more humidity controllers of the vehicle;
- an ambient lighting system of the vehicle;
- one or more displays for the picture and/or video playback;
- a sound system of the vehicle; (Inada ¶ 0098 lines 7-10 “The massaging apparatus 1 is provided with […] speakers 27 for allowing the user to listen to audio from the audio source”)
- a vehicle interior lighting system; and
- one or more vehicle seat adjusters to move at least some areas of the vehicle seat.
Claim(s) 6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Inada in view of Deng, and Kashiwamura and further in view of Slavik (CS 250988, hereinafter referred to as Slavik, all citations and excerpts are taken from the attached machine translation)
Regarding Claim 6, the combination of Inada, Deng and Kashiwamura teaches the elements of Claim 1 as described above. Inada does not teach:
wherein the pneumatic massage system has one or more vibration generators between the air supply system and the air cushions fluidically connected to the air cushions and impinge the air cushions with a pressure vibration.
Within the same field of endeavor as Inada, Slavik teaches:
wherein the pneumatic massage system has one or more vibration generators between the air supply system and the air cushions fluidically connected to the air cushions and impinge the air cushions with a pressure vibration. (Slavik Pg 1 ¶ 2 lines 2-6 “a pneumatic oscillator, massage bags and connecting hoses, which is based on the electrical connection of the pneumatic oscillation generator. an oscillator by means of feedbacks created by pneumatic resistors (9) and pneumatic capacities (10) connected to an excitation pneumatic power amplifier (8) whose outputs give working pressure for the massage bags (6) actuated by an adjustable pressure regulator (11) according to the tonometer (13),” shown in obr. 2 to be connected between the air source and the massage bags)
Inada, Deng, Kashiwamura, and Slavik are all considered analogous because they all relate to massage chairs. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified pneumatic massage function of Deng and pneumatic seat of Kashiwamura with the simple addition of Slavik’s pneumatic oscillation generator. The substitution of these elements would be made with a reasonable expectation of success as motivated by applying a known technique (Slavik’s pneumatic vibration generation) to a known device (Kashimura’s pneumatic seat in combination with Deng’s pneumatic massage control) to yield predictable results (pneumatic seat vibration similar to Inada’s electromechanical vibration generation)(MPEP 2143(I)(D).
Regarding Claim 11, the combination of Inada, Deng, Kashiwamura, and Slavik teaches the elements of Claim 6 as described above. Inada further teaches:
wherein a provided audio or video file is taken into account in the analysis of the provided comfort functions and the provision of a total control file, (Inada ¶ 0017 lines 1-7 “The massaging apparatus may comprise a plurality of massaging mechanisms, the control device being provided for each of the massaging mechanisms. Thereby, since different control signals are applied to the massaging mechanisms, the massaging mechanisms driven by the drive sources perform massages with different patterns; for example, kneading, tapping, and vibration”)
wherein the vehicle seat has several surface areas to which in each case at least one air cushion of the pneumatic massage system and/or at least one electromechanical vibration device of the vibration system is assigned; (Inada ¶ 0017 as above and Fig 1, items 5 and 6)
the provided audio or video file is a music piece and in the analysis and orchestration various instruments or instrument groups or frequencies involved in the music piece are taken into account, in that in the orchestration an instrument or an instrument group or a frequency, […] is assigned to the air cushions and/or the electromechanical vibration devices of another surface area; and
(Inada ¶ 0128 lines 19-24 “Specifically, the massaging operation of tapping, kneading, and vibration are carried out correspondingly to sounds of the drum, the synthesizer, and the piano of the music piece. During this operation, the speed of each massaging operation varies according to dynamics of the sound of each musical instrument,” shown in Fig 9b)
[…] in each case different from that taken into account in the music piece, […] (This element has been rejected as new matter and has not been examined)
in the generation of the individual control signal of the corresponding comfort function, the individual control of the air cushions and/or of the electromechanical vibration devices of the various surface areas is taken into account in such a way that the generated control signals include the individual control. (Inada ¶ 0128 lines 8-13 “The control signal converting circuit 58 converts the audio signals into the control signals so that the components of the audio signals correspond to predetermined components of the control signals and outputs the control signals to the drive circuits 43, 44, and 45.”)
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Inada in view of Deng and Kashiwamura and further in view of Bull (US 20100011388, hereinafter referred to as Bull)
Regarding Claim 8, the combination of Inada, Deng and Kashiwamura teaches the elements of Claim 1 as described above. Inada further teaches:
wherein a vehicle occupant selects a type of massage using an input device […] (Inada ¶ 0024 lines 1-3 “Preferably, in the massaging apparatus, the operation mode setting unit has an operation portion with which an operator enters the operation mode”)
[…] and the selected music piece or a music piece of the selected playlist is provided as audio or video file for the analysis and orchestration of the total control file. (Inada ¶ 0031 “The composite audio signal may be composed of the audio signal and a control program signal created to cause the massaging mechanism to operate according to the audio signal, and the control device may be configured to convert the control program signal into the control signal when the audio signal and the control program signal are input. With this configuration, since the control program signal corresponds to the audio signal, comfortable massage is performed in synchronization with music and according to tempo of music or rise and fall of the music”)
Inada does not teach:
[…] and the controller uses the selection to select a music piece or a playlist or suggests a selection for the vehicle occupant […]
Within the same field of endeavor as Inada, Bull teaches:
[…] and the controller uses the selection to select a music piece or a playlist or suggests a selection for the vehicle occupant […] (Bull ¶ 0020 “In some embodiments of the invention, an electronic device may determine the current mood of a user and may suggest media for playback based upon the user's mood. The electronic device may include any device capable of transmitting, receiving, and playing back any suitable type of media. The media types that the electronic device may suggest may include any suitable type of media, such as sound or audio files, videos […]”)
Inada and Bull are both considered analogous because they both relate to music selection. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the massage controller of including music selection of Inada by the addition of Bull’s suggestion of media playback based on the user’s mood as a possible input based on massage selection. The substitution of these elements would be made with a reasonable expectation of success as motivated by known work in one field (music playlist generation) prompting variations of it for use in a different field based on design incentives (occupant relaxation) if the variations are predictable to one of ordinary skill in the art (MPEP 2143(I)(F).
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Inada in view of Deng and Kashiwamura and further in view of Hong et al (KR 20210055814, hereinafter referred to as Hong, all citations and excerpts are taken from the attached machine translation)
Regarding Claim 13, the combination of Inada, Deng, and Kashiwamura teaches the elements of Claim 1 as described above. Inada does not teach:
wherein vehicle occupant data transmitted to the controller via an Internet connection or a wireless connection from an electronic device that records the vehicle occupant data are taken into account in the analysis and orchestration.
Within the same field of endeavor as Inada, Hong teaches:
wherein vehicle occupant data transmitted to the controller via an Internet connection or a wireless connection from an electronic device that records the vehicle occupant data are taken into account in the analysis and orchestration. (Hong Pg 9 ¶ 4 “In addition, although not shown, it is configured on the inside of the body part 100, but is controlled by the control unit 200 on one side close to the ear of the user, and is interlocked with the mobile device 400 through Bluetooth, and is generated from the mobile device 400. An output unit that outputs the sound of the voice is configured to provide a massage function, and at the same time, it is possible to provide convenience for receiving other music and the like through the portable device 400,” teaching the use of controls generated from the mobile device and music from the mobile device in the massage)
Inada and Hong are both considered analogous because they both relate to massage control. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the massage controller of Inada by the simple addition of the mobile device-generated control and music reception via Bluetooth of Hong. The substitution of these elements would be made with a reasonable expectation of success as motivated by applying a known technique (mobile device-generated control and music reception via Bluetooth of Hong)to a known device (the massage controller of Inada) to yield predictable results (massage control by a user though a mobile device over bluetooth)(MPEP 2143(I)(D).
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Inada in view of Deng and Kashiwamura and further in view of Tzirkel-Hancock et al (US 9539944, hereinafter referred to as Tzirkel-Hancock)
Regarding Claim 14, the combination of Inada, Deng, and Kashiwamura teaches the elements of Claim 1 as described above. Inada does not teach:
wherein surrounding noises outside and/or inside the vehicle
and/or surrounding brightness
are taken into account in the analysis and orchestration.
Within the same field of endeavor as Inada, Hong teaches:
wherein surrounding noises outside and/or inside the vehicle (Tzirkel-Hancock Col 2 lines 47-53 “The sensors 80 measure phenomena or characteristics and generate output data 82 indicative of the measured characteristics. Measured phenomena or characteristics include system characteristics 74 of the vehicle systems 70 and environmental characteristics 76 from an environment 72 (inside or outside) of the vehicle 20. Environmental characteristics 76 (e.g., sound in the vehicle […])”)
and/or surrounding brightness (Tzirkel-Hancock Col 3 lines 11-27 “As provided, the sensors 80 can measure any of a wide variety of phenomena or characteristics. Sensors 80 can measure, […] general conditions (e.g., weather […] day)”)
are taken into account in the analysis and orchestration. (Tzirkel-Hancock Col 3 lines 41-46 “The computing device 90 is configured to receive or access output—e.g., the output data 82 from the sensors 80, or output received directly from vehicle systems 70, to generate a control signal 92 based on the output, and to transmit the control signal 92 to the array of transducers 34, as described in further detail below.”)
Inada and Tzirkel-Hancock are all considered analogous because they all relate to massage control within vehicles. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the massage controller of Inada by the simple addition of Tzirkel-Hancock’s vehicle sound level and general condition sensor readings as massage control inputs. The addition of these elements would be made with a reasonable expectation of success as motivated by increasing the enjoyment or entertainment of the driver or passengers (Tzirkel-Hancock Col 6 lines 29-31).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Faust et al (DE 102018200133) teaches the integration of many of the comfort functions listed in Claims 1 and 17
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY E GLADE whose telephone number is (703)756-1502. The examiner can normally be reached 4-5-9 7:30-16:30.
Examiner interviews are a