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
Claims 1, 3, 8-9, and 12-15 are examined.
Claims 2, 7, and 10-11 are withdrawn.
Claims 4-6 are cancelled.
Claims 12-15 are newly added.
Response to Amendment
The amendments made to claim 9 overcome the previous claim objection and 35 U.S.C. 112 (b) rejections; therefore, the objection and rejections are withdrawn.
Claim Interpretation
The limitation “air permeability control surface portion” in claim 1, line 3 is interpreted in line with the instant specification in ¶ [0021] as “a surface portion for controlling the air permeability between the inside of the foam body 2 and the outside of the foam body 2”.
The limitation “air permeability uncontrol surface portion” in claim 1, line 4 is interpreted in line with the instant specification in ¶ [0022] as “a surface portion that cannot control air permeability, or a surface portion the air permeability of which is not controlled”.
The limitation “covering material” in claim 1 is interpreted in line with the instant specification in ¶ [0027] as “examples of the covering material 3 include, for example, a sheet member such as masking tape, and a sol material such as rubber (e.g., latex rubber) and resin (especially, non-air permeably non-foam polyurethane resin)”.
The limitation “defective portion” in claim 3 is interpreted in line with the instant specification in ¶ [0030] as “recesses and scars”.
Claim Rejections - 35 USC § 112
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 13 and 15 are 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.
The term “small” in claim 13 is a relative term which renders the claim indefinite. The term “small” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, “percentage of the opening portions” has been rendered indefinite.
Claim 15 recites the limitation "the portion of the identical face of the foam body" in line 4. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claim fails to define “a portion of the identical face of the foam body”. Clarification is required.
Claim 15 recites the limitation "the edge of the identical face of the foam body" in line 4. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claim fails to define “an edge of the identical face of the foam body”. Clarification is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Shinohara (JP 2009125217 A) or, in the alternative, under 35 U.S.C. 103 as obvious over Shinohara in view of Sakai (JP H06182067 A).
Regarding claim 1, Shinohara discloses a cushion material manufacturing method for obtaining a cushion material (¶ [0015-0016] – vehicle seat pad 1), wherein the cushion material comprising:
a foam body (¶ [0016] – pad body 2) having a surface portion (exterior of 2) formed of an air permeability control surface portion (¶ [0018-0019] – 2 constructed from a low-density material; made of polyurethane foam) and an air permeability uncontrol surface portion (¶ [0016] – insert 3 fitted into recess 2a of 2) and
a covering material (¶ [0023] – low-air-permeability layer 4) configured to cover the air permeability uncontrol surface portion (¶ [0023] – low-air-permeability layer 4 provided to surround 3);
wherein the cushion material manufacturing method comprising covering the air permeability uncontrol surface portion of the foam body with the covering material (¶ [0023] – low-air-permeability layer 4 provided to surround 3).
Shinohara discloses air passing through the top, bottom and side surfaces of 3, and air passing between 2 and 3 (¶ [0024]).
In arguendo, Shinohara does not disclose a foam body having a surface portion formed of an air permeability control surface portion and an air permeability uncontrol surface portion, then Sakai is applied.
Analogous art Sakai discloses a method of manufacturing a cushioning material (¶ [0001]).
Sakai discloses a foam body (¶ [0008] – “soft polyurethane foam sheet layer”) having a surface portion formed of an air permeability control surface portion (¶ [0008] – constituting skin or skin layer) and an air permeability uncontrol surface portion (¶ [0008] – exposed recesses). The recesses have open cells, and there is an open cell ratio (ratio of open cells to total number of open and closed cells) (¶ [0008]). The higher the open cell ratio, the more flexible the adhesive is, and the more effective it is at introducing hot air into the adhesive, resulting in more efficient curing of the reactive hot melt adhesive (¶ [0008]). The “opening ratio of the thermoplastic resin film layer” is preferably 20 to 90% for sufficient wrinkle prevention effect and stretchability and sufficient slip properties of the back surface for workability when sewing the surface material (¶ [0009]).
Shinohara and Sakai disclose a method with the same or similar components performing the same or similar function in regards to forming seat cushions. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the polyurethane foam sheet layer comprising a skin and exposed recesses with the ratio range above in Sakai to the pad body with recesses in Shinohara for sufficient wrinkle prevention effect and stretchability and sufficient slip properties of the back surface for workability when sewing the surface material (¶ [0009]).
As recited in the instant specification in ¶ [0011], “the inflow speed of air flowing into the inside of the foam body during vibration may be slower than the outflow speed of air discharged from the inside of the foam body to the outside of the foam body during the vibration, which in this case, the cushion material can absorb the vibration with significantly changing the dynamic stiffness of the foam body”. Therefore, the inflow and outflow speed of air flowing in and out affects the vibration absorption and dynamic stiffness.
Shinohara discloses the insert and low-air permeability layer provides, so that when sitting on the vehicle seat pad, the air permeability from the pad body to the insert decreases, and the rigidity of the vehicle seat pad increases, and makes it possible to improve vibration absorption and adjust vibration characteristics (¶ [0003]). The low-breathability layer is provided, which reduces the amount of air entering and leaving the insert when vibration is applied to it (¶ [0012]). The synthetic resin film may be provided with small holes to adjust the breathability/permeability, thereby adjusting the vibration characteristics (¶ [0031]). Reducing the breathability increases the rigidity (¶ [0033]). By adjusting the breathability of 4 made of nonwoven fabric or the like, it is possible to adjust the vibration characteristics of the vehicle seat pad (¶ [0034]).
Shinohara discloses all of the claim limitations as set forth above, but the reference does not explicitly disclose wherein an inflow speed of air flowing into inside of the foam body during vibration is slower than an outflow speed of air discharged from the inside of the foam body to outside of the foam body during the vibration. As the air permeability of the low-air permeability layer and rigidity are variables that can be modified, among others, by adjusting the holes or fabric in the low-air permeability layer, with said rigidity increases as the air permeability is decreased (¶ [0033]), the inflow and outflow speed of air flowing in and out of the foam body would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. As such, without showing unexpected results, the claimed inflow and outflow speed of air flowing in and out of the foam body cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention made would have optimized, by routine experimentation, the air permeability of the low-air permeability layer through holes and fabric in the method of Shinohara or modified Shinohara to obtain the desired rigidity and vibration characteristics where an inflow speed of air flowing into inside of the foam body during vibration is slower than an outflow speed of air discharged from the inside of the foam body to outside of the foam body during the vibration (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Regarding claim 3, modified Shinohara discloses the cushion material manufacturing method according to claim 1, wherein the air permeability uncontrol surface portion includes a defective portion of the foam body (¶ [0016] – recess 2a of 2).
Regarding claim 8, modified Shinohara discloses the cushion material manufacturing method according to claim 1, wherein the covering material includes a sol substance (¶ [0026] – 4 is made of synthetic resin film).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as obvious over Shinohara (JP 2009125217 A) in view of Sakai (JP H06182067 A) and Liyanage (US 2014/0120337 A1).
Regarding claim 9, modified Shinohara discloses the cushion material manufacturing method according to claim 1.
Shinohara discloses the surface material having an outer layer of a thermoplastic resin film (for example, polyethylene) (¶ [0015]). Sakai discloses a thermoplastic resin film layer is a synthetic resin can be polyethylene (¶ [0009]).
Modified Shinohara does not disclose wherein the method uses, a molding die where an inner surface of the molding die is covered with high-density polyethylene.
Analogous art Liyanage discloses a method for the manufacture of a fabric laminated foam article (¶ [0051]).
Liyanage further discloses wherein the method uses, a molding die where an inner surface of the molding die is covered with high-density polyethylene (¶ [0174] – moulds made of high-density polyethylene).
Shinohara and Liyanage disclose a method with the same or similar components performing the same or similar function in regards to forming seat cushions. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the mould made of high-density polyethylene in Sakai to formation of the cushion in modified Shinohara as it is a suitable material and advantages to avoid penetration and maintaining adhesive property of the foam to the fabric at its maximum (¶ [0051], [0174-0175]).
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as obvious over Shinohara (JP 2009125217 A), in the alternative, under 35 U.S.C. 103 as obvious over Shinohara in view of Sakai (JP H06182067 A), as applied to claim 1, in further view of Kaneko (US 2022/0119611).
Regarding claim 12, modified Shinohara discloses the cushion material manufacturing method according to claim 1.
Shinohara discloses low-air-permeability layer 4 (¶ [0023]), which would have a lower air permeability than the pad body 2, meeting the limitation wherein the covering material has an air permeability lower than that of the air permeability uncontrol surface portion. The pad body 2 would form it surfaces, and meets the limitation wherein the surface portion covers one of all faces of the foam body.
Shinohara does not disclose wherein a surface air permeability of the air permeability control surface portion is 25 cc/cm2/sec or less as measured in compliance with JIS K 6400, and wherein a surface air permeability of the air permeability uncontrol surface portion is not controlled.
Kaneko discloses a porous sound absorbing material comprises an average cell size of 100 to 600 µm and an apparent density of 40 to 140 kg/m3 (Abstract) and method for producing the porous sound absorbing material (¶ [0006]). The porous sound absorbing material is a foam layer having both closed cells and open cells (¶ [0017]).
Kaneko further discloses wherein the covering material (¶ [0050] – rubber sheet, a resin sheet) has an air permeability lower than that of the air permeability uncontrol surface portion (the resin sheet or the rubber sheet is a non-porous material without air holes; therefore, the resin sheet or the rubber sheet would be less air permeable than the portion of the porous sound absorbing material with predominantly open cells, and small holes), wherein the surface portion covers one of all faces of the foam body (¶ [0050] - foam layer is laminated to a resin sheet or a rubber sheet, therefore covers one of all faces of the porous sound absorbing material), wherein a surface air permeability of the air permeability control surface portion is 25 cc/cm2/sec or less as measured in compliance with JIS K 6400 (tables 1 and 2 – 0.5 cm3/cm2*sec), and wherein a surface air permeability of the air permeability uncontrol surface portion is not controlled (¶ [0062] - In the compressing step, by mechanically compressing the foam material, a portion of the close cells become open cells; therefore, the open cells are a surface air permeability of the air permeability uncontrol surface portion not controlled).
Shinohara and Kaneko disclose methods with the same or similar components performing the same or similar function in forming an air permeable material. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the porous sound absorbing material and resin/rubber sheet as applied above in Kaneko to the pad body and low-air-permeability layer in Shinohara to maintain sufficient sound-absorption characteristics even in a case where the sound absorbing material is reduced in thickness or weight (¶ [0004]).
Regarding claim 13, modified Shinohara discloses the cushion material manufacturing method according to claim 12.
Shinohara does not disclose wherein a surface of the air permeability control surface portion has a small percentage of opening portions in which cell membranes are not formed on a cell frame compared to closed portions in which cell membranes are formed on the cell frame without breaking, and wherein a surface of the air permeability uncontrol surface portion has a small percentage of the closed portions compared to the opening portions.
Kaneko discloses wherein a surface of the air permeability control surface portion has a small percentage of opening portions in which cell membranes are not formed on a cell frame compared to closed portions in which cell membranes are formed on the cell frame without breaking (¶ [0062] - In the compressing step, by mechanically compressing the foam material, a part of the closed cells become open cells; therefore, the remaining portion of cell membranes are formed without breaking), and wherein a surface of the air permeability uncontrol surface portion has a small percentage of the closed portions compared to the opening portions (¶ [0062] - In the compressing step, by mechanically compressing the foam material, a part of the closed cells become open cells; therefore, a portion of cell membranes are close cells).
Shinohara and Kaneko disclose methods with the same or similar components performing the same or similar function in forming an air permeable material. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the porous sound absorbing material where are portion of the close cells become open cells as applied above in Kaneko to the pad body in Shinohara to maintain sufficient sound-absorption characteristics even in a case where the sound absorbing material is reduced in thickness or weight (¶ [0004]).
Regarding claim 14, modified Shinohara discloses the cushion material manufacturing method according to claim 13.
Shinohara disclose wherein the air permeability control surface portion and the air permeability uncontrol surface portion are on an identical face of the foam body (FIG. 1-2 depicts insert 3 and foam body 2 are on identical face of the foam body 2), the foam body is in a shape of a hexahedron (FIG. 2 depicts a hexahedron), the identical face of the foam body is one face among the six faces of the foam body (FIG. 1-2, as insert 3 and foam body 2 are on identical face of the foam body 2), and wherein a surface portion of remaining five faces of the foam body consists of the air permeability control surface portion (FIG. 1-2 depict one of the remaining faces consist of 3).
Regarding claim 15, modified Shinohara discloses the cushion material manufacturing method according to claim 14.
Shinohara disclose wherein the air permeability uncontrol surface portion includes an edge formed in the foam body (¶ [0016] – insert 3 fitted into recess 2a of 2; FIG. 1 depicts 3 includes an edge formed in 2a and 2), and wherein the covering material covers the edge of the identical face of the foam body (FIG. 1 depicts 4 is over the edge of identical face of 2) such that the portion of the identical face of the foam body other than the edge thereof is free of the covering material (FIG. 1-2 depicts a portion of 3 free of 4).
Response to Arguments
The claim interpretation section has been corrected to recite the interpretation of the “air permeability uncontrol surface portion”.
Applicant's arguments filed April 21, 2026 have been fully considered but they are not persuasive.
Applicant argues Shinohara does not disclose an “air permeability control surface portion” and “air permeability control surface portion” as defined in the instant application.
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.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “air permeability control surface portion” and “air permeability control surface portion” as defined in the instant application) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant argues Sakai does not teach or suggest using a specific multi-layer skin structure at an internal interface or a hidden functional recess of a cushion as disclosed in Shinohara and there is no motivation to use the multi-layer structure comprising a foam sheet and film layer as taught by Sakai since the internal interface of Shinohara does not undergo a sewing process and its appearance is non-visible.
In response to applicant's arguments against the references individually, 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).
In response to applicant's argument that Sakai does not teach or suggest using a specific multi-layer skin structure at an internal interface or a hidden functional recess of a cushion and the internal interface of Shinohara does not undergo a sewing process and its appearance is non-visible, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Sakai discloses the improvement of sufficient wrinkle prevention effect and stretchability and sufficient slip properties of the back surface for workability when sewing the surface material (¶ [0009]).
Applicant argues the recited features of previous claim 6 are not anticipated or obvious over Shinohara in view of Sakai.
Shinohara discloses the insert and low-air permeability layer provides, so that when sitting on the vehicle seat pad, the air permeability from the pad body to the insert decreases, and the rigidity of the vehicle seat pad increases, and makes it possible to improve vibration absorption and adjust vibration characteristics (¶ [0003]). The low-breathability layer is provided, which reduces the amount of air entering and leaving the insert when vibration is applied to it (¶ [0012]). The synthetic resin film may be provided with small holes to adjust the breathability/permeability, thereby adjusting the vibration characteristics (¶ [0031]). Reducing the breathability increases the rigidity (¶ [0033]). By adjusting the breathability of 4 made of nonwoven fabric or the like, it is possible to adjust the vibration characteristics of the vehicle seat pad (¶ [0034]).
Therefore, Shinohara discloses that the vibration absorption, vibration characteristics, and amount of air entering and leaving the insert can be adjusted by adjusting the breathability of the layer, which makes the relation between the inflow and outflow speeds of air during vibration a result effective variable by adjusting air-permeability/breathability among other variables as applied above.
Therefore, the argument is not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2020/0013384 discloses a soundproof member including a polyurethane foam 11 having a surface layer 12 on the surface of the polyurethane foam wherein a surface of the foam facing the sound source comprises a surface layer 12A in an open cell state and a surface of the foam facing away from the sound source comprises a surface layer 12B in a closed cell state
JP 2004/083884 discloses a liquid-resin-impermeable polyurethane foam comprising a plurality of closed cell membranes 6 and air holes 7 formed in the closed cell membranes
THIS ACTION IS MADE FINAL. 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.
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/JONATHAN B WOO/Examiner, Art Unit 1754
/SEYED MASOUD MALEKZADEH/Primary Examiner, Art Unit 1754
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