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 response to the amendment filed on June 24, 2026.
As directed by the amendment: Claims 10, 12-14, 18-21, and 23-25 were amended. Claims 1-9 were previously cancelled. Claims 26-27 are newly added, and thus claims 10-27 are pending and currently under consideration for patentability under 37 CFR 1.104.
Claim Interpretation
The limitation “dynamically control an amount of air in at least one of the massage bubbles” (claim 1, lines 11-12; and similar language in claim 14, line 13) has been interpreted to mean the massage system can vary the amount of air inside at least one massage bubble over time. This interpretation is in light of para. [0025] of the published application, which states: “The amount of air in the massage bubbles is usually dynamically changed. A control device designed, for example, as a pneumatic control device for example a control device controls a compressor and valves that are assigned to the massage bubbles. The volume flow and pressure generated by the compressor are passed on to the valves via air ducts. The air flow from the valves is directed into the massage bubbles via air ducts. For deaeration, the air flow from the massage bubbles is directed through the valves into the environment. The valves are either open to the environment, wherein a volume and pressure of the air in the massage bubbles are reduced, or closed, wherein the volume and pressure remain constant.”
Claim Interpretation – 35 USC § 112(f)
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.
Claim Objections
Claims 13, 16, 17, and 20-22 are objected to because of the following informalities:
Claim 13, line 3 recites “a lifting movement” and the Examiner suggests –the lifting movement—to clarify the antecedent basis from claim 10, lines 12-13.
Claim 16, line 2 recites “at least one lifting movement” and the Examiner suggests –the at least one lifting movement—to clarify the antecedent basis from claim 14, lines 6-7.
Claim 17, line 4 recites “the massage bubbles of the first set and the massage bubbles of the second set” and the Examiner suggests –the first set of massage bubbles and the second set of massage bubbles—to use consistent language as lines 2-3.
Claim 20, line 3 recites “a lifting movement” and the Examiner suggests –the lifting movement—to clarify the antecedent basis from claim 10, lines 12-13.
Claim 21, line 3 recites “a lifting movement” and the Examiner suggests –the lifting movement—to clarify the antecedent basis from claim 10, lines 12-13.
Claim 22, line 2 recites “at least one lifting movement” and the Examiner suggests –the at least one lifting movement—to clarify the antecedent basis from claim 14, lines 6-7.
Appropriate correction is required.
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.
Claims 10-27 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.
Claim 10, line 12 recites “a lifting movement” and it is unclear if this is referring to the previously recited “at least one lifting movement” (line 5), “respective lifting movements” (line 9), or if this is a separate lifting movement. If this is intended to be a separate lifting movement, the Examiner suggests labeling such as: –a dynamic lifting movement--.
Claim 12, lines 1-2 recite “at least one of the massage bubbles” which is confusing because claim 10, lines 11-13 already recite “at least one of the massage bubbles … the at least one of the massage bubbles” as being dynamically controlled. Thus, it is unclear whether the claim 12 limitation is intended to apply to any of the massage bubble(s), or if it is intended to apply only to the previously recited “the at least one of the massage bubbles.” As best understood, the claim 12 limitation appears to be intended to apply to any of the massage bubbles. If Applicant intends claim 12 to only further define the dynamically controlled “at least one of the massage bubbles” of claim 10, lines 11-13, then the Examiner suggests clearly labeling these massage bubbles such as –at least a first dynamically controlled massage bubble--, etc.
Claim 13, lines 2-3 and lines 3-4 recite “at least one of the massage bubbles” which is confusing because claim 10, lines 11-13 already recite “at least one of the massage bubbles … the at least one of the massage bubbles” as being dynamically controlled. Thus, it is unclear whether the claim 13 limitation is intended to apply to any of the massage bubble(s), or if it is intended to apply only to the previously recited “the at least one of the massage bubbles.” As best understood, the claim 13 limitation appears to be intended to apply to any of the massage bubbles. If Applicant intends claim 13 to only further define the dynamically controlled “at least one of the massage bubbles” of claim 10, lines 11-13, then the Examiner suggests clearly labeling these massage bubbles such as –at least a first dynamically controlled massage bubble--, etc.
Claim 14, line 14 recites “a lifting movement” and it is unclear if this is referring to the previously recited “at least one lifting movement” (lines 6-7), “respective lifting movements” (line 11), or if this is a separate lifting movement. If this is intended to be a separate lifting movement, the Examiner suggests labeling such as: –a dynamic lifting movement--.
Claim 19, lines 1-2 recite “at least one of the massage bubbles” which is confusing because claim 10, lines 11-13 already recite “at least one of the massage bubbles … the at least one of the massage bubbles” as being dynamically controlled. Thus, it is unclear whether the claim 19 limitation is intended to apply to any of the massage bubble(s), or if it is intended to apply only to the previously recited “the at least one of the massage bubbles.” As best understood, the claim 19 limitation appears to be intended to apply to any of the massage bubbles. If Applicant intends claim 19 to only further define the dynamically controlled “at least one of the massage bubbles” of claim 10, lines 11-13, then the Examiner suggests clearly labeling these massage bubbles such as –at least a first dynamically controlled massage bubble--, etc.
Claim 20, lines 2-3 and lines 3-4 recite “at least one of the massage bubbles” which is confusing because claim 10, lines 11-13 already recite “at least one of the massage bubbles … the at least one of the massage bubbles” as being dynamically controlled. Thus, it is unclear whether the claim 20 limitation is intended to apply to any of the massage bubble(s), or if it is intended to apply only to the previously recited “the at least one of the massage bubbles.” As best understood, the claim 20 limitation appears to be intended to apply to any of the massage bubbles. If Applicant intends claim 20 to only further define the dynamically controlled “at least one of the massage bubbles” of claim 10, lines 11-13, then the Examiner suggests clearly labeling these massage bubbles such as –at least a first dynamically controlled massage bubble--, etc.
Claim 21, lines 2-3 and lines 3-4 recite “at least one of the massage bubbles” which is confusing because claim 10, lines 11-13 already recite “at least one of the massage bubbles … the at least one of the massage bubbles” as being dynamically controlled. Thus, it is unclear whether the claim 21 limitation is intended to apply to any of the massage bubble(s), or if it is intended to apply only to the previously recited “the at least one of the massage bubbles.” As best understood, the claim 21 limitation appears to be intended to apply to any of the massage bubbles. If Applicant intends claim 21 to only further define the dynamically controlled “at least one of the massage bubbles” of claim 10, lines 11-13, then the Examiner suggests clearly labeling these massage bubbles such as –at least a first dynamically controlled massage bubble--, etc.
The remaining claims are rejected based on their dependence on a rejected base claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 10-14, 18-21, and 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Friderich et al. (2012/0032478) in view of Iwata et al. (2006/0036202).
Regarding claim 10, Friderich discloses a massage system (Fig. 1, shown in sectional view in Fig. 3) for a seat (vehicle seat 10, Fig. 1) of a vehicle, the seat having a seat surface (seat cover 15, Fig. 3), the massage system comprising:
a plurality of massage bubbles (array of massage zones 20, Fig. 1. As seen in the sectional view of Figure 3, the massage zones include deformable hollow bodies 13 that produce an adjustable curvature 17 to massage the user, thus reading on bubbles) arranged in the seat surface (hollow bodies 13 are provided in seat surface 15, see Fig. 3), wherein each of the massage bubbles (20, Fig. 1, including 13, Fig. 3) is configured to carry out at least one lifting movement having a component extending perpendicular to the seat surface (“When filling the hollow body 13 with the medium, for example with pressurized air, the hollow body 13 curves in the direction of a seat cover 15 of the vehicle seat 10. The corresponding deformation direction of the hollow body 13 is illustrated in the figure by a movement arrow 18” see the last two sentences of [0035] and Fig. 3. This movement arrow 18 extends perpendicular to surface 15), to touch a body of a person seated on the seat surface in an area (the lifting movement of 13 is applied to seat surface 15 to create curvature 17, to touch the body of the person seated; “The vehicle seats curves in a convex manner under the pressure of the filing hollow body 13 … By means of this curvature 17 of the seat cover 15, a massage effect can be provided for the vehicle occupant on the vehicle seat 10” see Fig. 3 and para. [0036]), and to massage the area (“By means of this curvature 17 of the seat cover 15, a massage effect can be provided for the vehicle occupant on the vehicle seat 10” see Fig. 3 and para. [0036]),
wherein at least two of the massage bubbles (there are a plurality of hollow deformable bodies 13, corresponding to the plurality of massage zones 20, Fig. 1) are configured to carry out their respective lifting movements in a time-coordinated manner (“the individual pressurizable elements can be controlled in different sequences or massage programs by means of the control device” see the first sentence of [0007]; “In cooperation of several of these hollow bodies 13, a plurality of massage programs can be realized” see the last sentence of [0036]) and in accordance with at least one intended movement pattern (“Different sequences of the massage zones 20 or of the massage programs can be controlled by schematically illustrated control device 21” see the last sentence of [0026]; any of the selected massage programs will necessarily have an intended movement pattern, as the bodies 13 are inflated with intention and provide a pattern of outward movement in their corresponding location 20 along the backrest 16, Fig. 1), and
wherein the massage system (Fig. 1) is configured to dynamically control an amount of air in at least one of the massage bubbles (“configured to dynamically control” has been interpreted to mean the massage system can vary the amount of air inside the massage bubble over time. Friderich states “the individual pressurizable elements can be controlled in different sequences or massage programs by means of the control device” see the first sentence of [0007], and thus is configured to dynamically control the amount of air in the bubble(s) as the system controls the cell(s) inflation and deflation over time).
Friderich is silent as to the dynamic control being to vary a direction of a lifting movement of the at least one of the massage bubbles relative to the seat surface (15, Fig. 3).
Iwata teaches a related inflatable massage system (such as inflatable mat in Fig. 1; see inflatable massaging chair 80, Fig. 9) having a plurality of massage bubbles (airbags 7, 8, 9, 10, 12, 13, 14, 15, 17, Fig. 1; and second airbags 49, Fig. 4) wherein the massage system is configured to dynamically control an amount of air in at least one of the massage bubbles (via controlling apparatus 60, Fig. 8, which allows a user to select “space-adjusting plus switch 72” and “space-adjusting minus switch 73” in Figure 7 to control the amount of air within second airbags 49 to gradually adjust the spacing between their respective massaging members 21 with every press of the switch(es) 72, 73; “By operating the plus switch 72 and the minus switch 73 during the massage of the shoulders, a space between leading ends of the massaging members 21 is adjusted so that a massaging part of the shoulders can be changed” see para. [0073]; “the space between the massaging members 21 widens gradually by a predetermined amount every pressing the plus switch 72” see the last sentence of [0075]; and see para. [0080]) to vary a direction of a lifting movement of the at least one of the massage bubbles (the second airbags 49 are considered the “at least one” massage bubbles as their lifting movement is varied as seen in Figs. 3-4. This varying direction of lifting is incrementally adjustable as described in para. [0073] and [0080] and thus the degree of pivot is variable) relative to a seat surface (the lifting of the second airbags 49 is relative to an upper surface such as 2a, Fig. 1). This dynamic control allows the user to incrementally adjust the distance between a pair of massage bubbles to provide a massaging effect that suits their needs.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the massage system of Friderich to include at least one pair of shoulder massage bubbles (i.e., second airbags 49) that are dynamically controlled to vary a direction of a lifting movement of the at least one of the massage bubbles relative to the seat surface as taught by Iwata because this allows the user to incrementally adjust the distance between a pair of massage bubbles to provide a shoulder massaging effect that suits their needs.
Regarding claim 11, the modified Friderich/Iwata device discloses in which the massage bubbles (13, Fig. 3 of Friderich, are provided in the massage zones 20, Fig. 1; see also bubbles 49 of Iwata) are arranged symmetrically relative to a central axis of the seat surface (“It can be seen from FIG. 1 that the massage zones 20 are arranged to the left and the right of a vertical symmetry plane along the backrest 16 in such a manner that massages to the left and the right of the spine of an occupant” see the first sentence of [0026] of Friderich. Similarly, Iwata’s bubbles 49 are symmetrically arranged relative to the spine), which is oriented parallel to a forward direction of travel of the vehicle (the “vertical symmetry plane” along backrest 16 in Fig. 1 of Friderich will be parallel to a forward direction of travel of the vehicle).
Regarding claim 12, the modified Friderich/Iwata device discloses in which at least one of the massage bubbles (13, Fig. 3 of Friderich, are provided in the massage zones 20, Fig. 1; see also bubbles 49 of Iwata) is designed as a pneumatic massage bubble (“The hollow body 13 can be pressurized with a medium, particularly a pneumatic medium, via a line 14” see Fig. 3 and the second sentence of [0035] of Friderich; and note that the bubbles 49 of Iwata are “airbags” inflated by an air supplying and exhausting mechanism, see para. [0080]).
Regarding claim 13, the modified Friderich/Iwata device discloses further comprising at least one control device (control device 21, Fig. 1 of Friderich; modified to include a controlling apparatus 60, Fig. 7 of Iwata) connected to at least one of the massage bubbles and configured to control a lifting movement of the at least one of the massage bubbles (“Different sequences of the massage zones 20 or of the massage programs can be controlled by schematically illustrated control device 21” see the last sentence of [0026]; see also the last sentence of [0036]. Inflation of a massage bubble will control its lifting movement 18, Fig. 3 of Friderich. Furthermore, Iwata’s control device 60 similarly is connected to at least one massage bubble 49 and configured to control a lifting movement as seen in Figs. 3-4 and para. [0073], [0080] of Iwata).
Regarding claim 14, Friderich discloses a method for massaging at least one area of a body of a person (via the massage system of Fig. 1, shown in sectional view in Fig. 3) sitting on a seat surface (seat cover 15, Fig. 3) of a seat of a vehicle (vehicle seat 10, Fig. 1), the method being performed using a massage system (Fig. 1, Fig. 3) for the seat of the vehicle (10), the massage system including a plurality of massage bubbles (array of massage zones 20, Fig. 1. As seen in the sectional view of Figure 3, the massage zones include deformable hollow bodies 13 that produce an adjustable curvature 17 to massage the user, thus reading on bubbles) arranged in the seat surface (hollow bodies 13 are provided in seat surface 15, see Fig. 3), the method comprising:
carrying out, by each of the massage bubbles (13), at least one lifting movement having a component extending perpendicular to the seat surface (“When filling the hollow body 13 with the medium, for example with pressurized air, the hollow body 13 curves in the direction of a seat cover 15 of the vehicle seat 10. The corresponding deformation direction of the hollow body 13 is illustrated in the figure by a movement arrow 18” see the last two sentences of [0035] and Fig. 3. This movement arrow 18 extends perpendicular to surface 15. Each massage bubble is able to carry out a lifting movement, as “the individual pressurizable elements can be controlled in different sequences or massage programs by means of the control device” see the first sentence of [0007]; “In cooperation of several of these hollow bodies 13, a plurality of massage programs can be realized” see the last sentence of [0036]);
touching and massaging, by a respective one of the massage bubbles (13), the body of the person in the at least one area (the lifting movement of 13 is applied to seat surface 15 to create curvature 17, to touch the body of the person seated; “The vehicle seats curves in a convex manner under the pressure of the filing hollow body 13 … By means of this curvature 17 of the seat cover 15, a massage effect can be provided for the vehicle occupant on the vehicle seat 10” see Fig. 3 and para. [0036]. The individual massage bubbles are thus able to provide punctiform changes to the contour of the seat, see para. [0009]);
carrying out, by at least two of the massage bubbles (there are a plurality of hollow deformable bodies 13, corresponding to the plurality of massage zones 20, Fig. 1), respective lifting movements temporally coordinated with one another (“the individual pressurizable elements can be controlled in different sequences or massage programs by means of the control device” see the first sentence of [0007]; “In cooperation of several of these hollow bodies 13, a plurality of massage programs can be realized” see the last sentence of [0036]) and according to at least one intended movement pattern (“Different sequences of the massage zones 20 or of the massage programs can be controlled by schematically illustrated control device 21” see the last sentence of [0026]; any of the selected massage programs will necessarily have an intended movement pattern, as the bodies 13 are inflated with intention and provide a pattern of outward movement in their corresponding location 20 along the backrest 16, Fig. 1); and
dynamically controlling an amount of air in at least one of the massage bubbles (“dynamically controlling” has been interpreted to mean the massage system can vary the amount of air inside the massage bubble over time. Friderich states “the individual pressurizable elements can be controlled in different sequences or massage programs by means of the control device” see the first sentence of [0007], and thus is configured to dynamically control the amount of air in the bubble(s) as the system controls the cell(s) inflation and deflation over time).
Friderich is silent as to the dynamic controlling being to vary a direction of a lifting movement of the at least one of the massage bubbles relative to the seat surface (15, Fig. 3).
Iwata teaches a related inflatable massage system (such as inflatable mat in Fig. 1; see inflatable massaging chair 80, Fig. 9) having a plurality of massage bubbles (airbags 7, 8, 9, 10, 12, 13, 14, 15, 17, Fig. 1; and second airbags 49, Fig. 4) wherein the massage system is configured to dynamically control an amount of air in at least one of the massage bubbles (via controlling apparatus 60, Fig. 8, which allows a user to select “space-adjusting plus switch 72” and “space-adjusting minus switch 73” in Figure 7 to control the amount of air within second airbags 49 to gradually adjust the spacing between their respective massaging members 21 with every press of the switch(es) 72, 73; “By operating the plus switch 72 and the minus switch 73 during the massage of the shoulders, a space between leading ends of the massaging members 21 is adjusted so that a massaging part of the shoulders can be changed” see para. [0073]; “the space between the massaging members 21 widens gradually by a predetermined amount every pressing the plus switch 72” see the last sentence of [0075]; and see para. [0080]) to vary a direction of a lifting movement of the at least one of the massage bubbles (the second airbags 49 are considered the “at least one” massage bubbles as their lifting movement is varied as seen in Figs. 3-4. This varying direction of lifting is incrementally adjustable as described in para. [0073] and [0080] and thus the degree of pivot is variable) relative to a seat surface (the lifting of the second airbags 49 is relative to an upper surface such as 2a, Fig. 1). This dynamic control allows the user to incrementally adjust the distance between a pair of massage bubbles to provide a massaging effect that suits their needs.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the massage system of Friderich to include at least one pair of shoulder massage bubbles (i.e., second airbags 49) that are dynamically controlled to vary a direction of a lifting movement of the at least one of the massage bubbles relative to the seat surface as taught by Iwata because this allows the user to incrementally adjust the distance between a pair of massage bubbles to provide a shoulder massaging effect that suits their needs.
Regarding claim 18, the modified Friderich/Iwata method discloses wherein the massage bubbles (13, Fig. 3 of Friderich, are provided in the massage zones 20, Fig. 1; see also bubbles 49 of Iwata) are pneumatic massage bubbles filled with air (“The hollow body 13 can be pressurized with a medium, particularly a pneumatic medium, via a line 14 … for example, with pressurized air” see Fig. 3 and the second sentence of [0035] of Friderich; and note that the bubbles 49 of Iwata are “airbags” inflated by an air supplying and exhausting mechanism, see para. [0080]), and wherein, at one time, a same amount of air is stored in at least two of the pneumatic massage bubbles, and/or (“and/or” only requires one of the recited alternatives, under the broadest reasonable interpretation) wherein different amounts of air are stored in at least two of the pneumatic massage bubbles (Friderich discloses providing sequential massage, “Different sequences of the massage zones 20 or of the massage programs can be controlled by schematically illustrated control device 21” in which at least two massage bubbles would have different amounts of air, as one would be relatively inflated and another would be relatively deflated to provide the sequential massage. Furthermore, Iwata allows the massage bubbles 49 to have their inflation separately adjusted, and thus the at least two airbags 49 can have a different amount of air compared to the remaining massage bubbles).
Regarding claim 19, the modified Friderich/Iwata device discloses wherein at least one of the massage bubbles (13, Fig. 3 of Friderich, are provided in the massage zones 20, Fig. 1; see also bubbles 49 of Iwata) is configured as a pneumatic massage bubble (“The hollow body 13 can be pressurized with a medium, particularly a pneumatic medium, via a line 14” see Fig. 3 and the second sentence of [0035] of Friderich; and note that the bubbles 49 of Iwata are “airbags” inflated by an air supplying and exhausting mechanism, see para. [0080]).
Regarding claim 20, the modified Friderich/Iwata device discloses further comprising at least one control device (control device 21, Fig. 1 of Friderich; modified to include a controlling apparatus 60, Fig. 7 of Iwata) connected to at least one of the massage bubbles and configured to control a lifting movement of the at least one of the massage bubbles (“Different sequences of the massage zones 20 or of the massage programs can be controlled by schematically illustrated control device 21” see the last sentence of [0026]; see also the last sentence of [0036]. Inflation of a massage bubble will control its lifting movement 18, Fig. 3 of Friderich. Furthermore, Iwata’s control device 60 similarly is connected to at least one massage bubble 49 and configured to control a lifting movement as seen in Figs. 3-4 and para. [0073], [0080] of Iwata).
Regarding claim 21, the modified Friderich/Iwata device discloses further comprising at least one control device (control device 21, Fig. 1 of Friderich; modified to include a controlling apparatus 60, Fig. 7 of Iwata) connected to at least one of the massage bubbles and configured to control a lifting movement of the at least one of the massage bubbles (“Different sequences of the massage zones 20 or of the massage programs can be controlled by schematically illustrated control device 21” see the last sentence of [0026]; see also the last sentence of [0036]. Inflation of a massage bubble will control its lifting movement 18, Fig. 3 of Friderich. Furthermore, Iwata’s control device 60 similarly is connected to at least one massage bubble 49 and configured to control a lifting movement as seen in Figs. 3-4 and para. [0073], [0080] of Iwata).
Regarding claim 26, the modified Friderich/Iwata device discloses wherein the lifting movement of the at least one of the massage bubbles (the second airbags 49 taught by Iwata) comprises a first component extending perpendicular to the seat surface (see the vectorial “1. First Component” in annotated Figure A below. The seat surface 15 of Friderich would correspond generally to the reference character 24 in Fig. A, or 2a in Fig. 1 of Iwata) and a second component extending parallel to the seat surface (see the vectorial “2. Second Component” in annotated Figure A below. This interpretation of the lifting “components” is aligned with Applicant’s disclosure, which refers to vectorial components in lines 22-25 of [0007] of the published application).
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Annotated Figure A (from Fig. 6 of Iwata): Iwata’s massage bubbles (49) provide a lifting movement (darkened arrow, above) comprising a first component (a first vector component 1) extending perpendicular to the seat surface (the seat surface is approximately at the location 24) and a second component (a second vector component 2) extending parallel to the seat surface (i.e, horizontally, see above).
Regarding claim 27, the modified Friderich/Iwata device discloses wherein the lifting movement of the at least one of the massage bubbles (the second airbags 49 taught by Iwata) comprises a first component extending perpendicular to the seat surface (see the vectorial “1. First Component” in annotated Figure A above. The seat surface 15 of Friderich would correspond generally to the reference character 24 in Fig. A, or 2a in Fig. 1 of Iwata) and a second component extending parallel to the seat surface (see the vectorial “2. Second Component” in annotated Figure A above. This interpretation of the lifting “components” is aligned with Applicant’s disclosure, which refers to vectorial components in lines 22-25 of [0007] of the published application).
Claim(s) 15-17 and 22-25 are rejected under 35 U.S.C. 103 as being unpatentable over Friderich et al. (2012/0032478) in view of Iwata et al. (2006/0036202) as applied to claim 14 above, and further in view of Fujii et al. (2021/0276458).
Regarding claim 15, the modified Friderich/Iwata method is silent regarding in which a thigh, an ischial tuberosity, and/or a buttock of the person is massaged as the at least one area. However, it is well known in the art to additionally provide massage to the thigh, ischial tuberosity, and/or buttock area.
For example, Fujii teaches a related massaging vehicle seat (Fig. 2) including a plurality of massage bubbles (airbags 20a to 20o, Fig. 2) configured to provide a massage to an area (the inflatable airbags “press the seat surface … giving massage (refreshing) to the occupant who is seated on the seat 1” see para. [0018]), in which a thigh, an ishial tuberosity, and/or a buttock of the person is massaged (massage airbags 20k-20o would be configured to massage at least one of a thigh, ischial tuberosity, or buttock). Fujii’s control device (controller 45, Fig. 3) additionally allows the massage bubbles to provide a sequential, wave-like massage effect (see para. [0033]-[0034] and Figs. 4A-5).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the control device and massage bubbles of Friderich/Iwata to include additional massage bubbles that extend to the seat bottom area to massage at least one of the thigh, ischial tuberosity, or buttock area, and to allow sequential inflation of the massage bubbles along the length of the seat as taught by Fujii so a pleasant massage effect can additionally be provided to the user’s legs and buttocks.
Regarding claim 16, the modified Friderich/Iwata method is silent regarding in which, to provide the intended movement pattern, at least one lifting movement is carried out by at least one first massage bubble and immediately thereafter a second lifting movement is carried out by at least one second massage bubble, wherein the at least one first massage bubble is arranged in front of or behind the at least one second massage bubble with respect to a forward direction of travel of the vehicle, and/or wherein the at least one first massage bubble and the at least one second massage bubble, with respect to a central axis of the seat surface, which is oriented parallel to a forward direction of travel of the vehicle, are separated from one another by the central axis or are arranged on the same side of the seat surface with respect to the central axis.
Fujii teaches a related massaging vehicle seat (Fig. 2) including a plurality of massage bubbles (airbags 20a to 20o, Fig. 2) configured to provide a massage (the inflatable airbags “press the seat surface … giving massage (refreshing) to the occupant who is seated on the seat 1” see para. [0018]). Fujjii has a control device (controller 45, Fig. 3) configured to provide an intended movement pattern (sequential inflation, see para. [0033]-[0034] and Figs. 4A-5) in which, to provide the intended movement pattern, at least one lifting movement (inflation of airbag(s) 20a-20o, Fig. 2) is carried out by at least one first massage bubble (such as the seat cushion front right airbag 20n, Fig. 4a, corresponding to valve timing 44n, Fig. 5) and thereafter a second lifting movement is carried out by at least one second massage bubble (seat cushion rear airbag 20k, Fig. 4b, corresponding to valve timing 44k. This inflation occurs at X2, which is the very next inflation step after X1 in Fig. 5), wherein the at least one first massage bubble (seat cushion front right airbag 20n, Fig. 4a) is arranged in front of or behind the at least one second massage bubble (seat cushion rear 20k, Fig. 4b) with respect to a forward direction of travel of the vehicle (the cushion rear 20k is behind the cushion front 20n, in a forward direction of travel), and/or wherein the at least one first massage bubble and the at least one second massage bubble, with respect to a central axis of the seat surface (axis dividing the left airbags and right airbags, Fig. 4A), which is oriented parallel to a forward direction of travel of the vehicle, are separated from one another by the central axis or are arranged on the same side of the seat surface with respect to the central axis (the first airbag 20n is on the same side of the seat surface as the second airbag 20k, see Fig. 4A). Additionally, although Fujii does not specifically state that the subsequent inflation is immediately after (there is an “all deflation” state Z interposed between X1 and X2, Fig. 5), Fujii states that this “all-deflation” state Z can be omitted (“does not have to include the all-deflation pattern Z” see the last sentence of [0049]) and states “the opening timing of the discharge valve 43 may be modified freely as long as the discharge valve 43 is opened in a state in which any one of the airbags 20 is deflated” (see the last sentence of [0050]). Thus, the “all-deflation” state Z (Fig. 5) can be omitted, the inflation/deflation timing can be freely adjusted, and one of ordinary skill in the art would have recognized that providing immediate transition from one airbag inflation to the next would merely provide a predictable result of a more continuous wave-like massage effect.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the control device and massage bubbles of Friderich/Iwata to have at least one lifting movement carried out by at least one first massage bubble and immediately thereafter a second lifting movement is carried out by at least one second massage bubble, the first massage bubble arranged in front of or behind the second massage bubble as taught by Fujii because this provides a predictable result of a more continuous wave-like massage effect along the length of the body.
Regarding claim 17, the modified Friderich/Iwata/Fujii method discloses in which a first sequence of lifting movements is carried out in succession by a first set of massage bubbles (massage airbags 20k-20o, see Figs. 4A-4B and inflation patterns X1, X2 for valves 44k-44o in Fig. 5 of Fujii) and a second sequence of lifting movements is carried out in succession by a second set of massage bubbles (massage airbags 20e-20j, see Figs. 4C-4D and inflation patterns X3, X4 for valves 44e-44j in Fig. 5 of Fujii), wherein the massage bubbles of the first set (20k-20o, Figs. 4A-4B of Fujii) and the massage bubbles of the second set (20e-20j, Figs. 4C-4D of Fujii) are arranged symmetrically with respect to the central axis of the seat surface (see Fig. 4A of Fujii, the airbags are arranged symmetrically relative to a central axis of the seat surface) and/or wherein the two sequences of lifting movements are carried out synchronously with one another (the broadest reasonable interpretation of “and/or” only requires the “or” alternative).
Regarding claim 22, the modified Friderich/Iwata/Fujii method as currently combined is silent regarding in which, to provide the intended movement pattern, at least one lifting movement is carried out by at least one first massage bubble and immediately thereafter a second lifting movement is carried out by at least one second massage bubble, wherein the at least one first massage bubble is arranged in front of or behind the at least one second massage bubble with respect to a forward direction of travel of the vehicle, and/or wherein the at least one first massage bubble and the at least one second massage bubble, with respect to a central axis of the seat surface, which is oriented parallel to a forward direction of travel of the vehicle, are separated from one another by the central axis or are arranged on the same side of the seat surface with respect to the central axis.
Fujii additionally teaches a related massaging vehicle seat (Fig. 2) including a plurality of massage bubbles (airbags 20a to 20o, Fig. 2) configured to provide a massage (the inflatable airbags “press the seat surface … giving massage (refreshing) to the occupant who is seated on the seat 1” see para. [0018]). Fujjii has a control device (controller 45, Fig. 3) configured to provide an intended movement pattern (sequential inflation, see para. [0033]-[0034] and Figs. 4A-5) in which, to provide the intended movement pattern, at least one lifting movement (inflation of airbag(s) 20a-20o, Fig. 2) is carried out by at least one first massage bubble (such as the seat cushion front right airbag 20n, Fig. 4a, corresponding to valve timing 44n, Fig. 5) and thereafter a second lifting movement is carried out by at least one second massage bubble (seat cushion rear airbag 20k, Fig. 4b, corresponding to valve timing 44k. This inflation occurs at X2, which is the very next inflation step after X1 in Fig. 5), wherein the at least one first massage bubble (seat cushion front right airbag 20n, Fig. 4a) is arranged in front of or behind the at least one second massage bubble (seat cushion rear 20k, Fig. 4b) with respect to a forward direction of travel of the vehicle (the cushion rear 20k is behind the cushion front 20n, in a forward direction of travel), and/or wherein the at least one first massage bubble and the at least one second massage bubble, with respect to a central axis of the seat surface (axis dividing the left airbags and right airbags, Fig. 4A), which is oriented parallel to a forward direction of travel of the vehicle, are separated from one another by the central axis or are arranged on the same side of the seat surface with respect to the central axis (the first airbag 20n is on the same side of the seat surface as the second airbag 20k, see Fig. 4A). Additionally, although Fujii does not specifically state that the subsequent inflation is immediately after (there is an “all deflation” state Z interposed between X1 and X2, Fig. 5), Fujii states that this “all-deflation” state Z can be omitted (“does not have to include the all-deflation pattern Z” see the last sentence of [0049]) and states “the opening timing of the discharge valve 43 may be modified freely as long as the discharge valve 43 is opened in a state in which any one of the airbags 20 is deflated” (see the last sentence of [0050]). Thus, the “all-deflation” state Z (Fig. 5) can be omitted, the inflation/deflation timing can be freely adjusted, and one of ordinary skill in the art would have recognized that providing immediate transition from one airbag inflation to the next would merely provide a predictable result of a more continuous wave-like massage effect.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the control device and massage bubbles of Friderich/Iwata/Fujii to have at least one lifting movement carried out by at least one first massage bubble and immediately thereafter a second lifting movement is carried out by at least one second massage bubble, the first massage bubble arranged in front of or behind the second massage bubble as taught by Fujii because this provides a predictable result of a more continuous wave-like massage effect along the length of the body.
Regarding claim 23, the modified Friderich/Iwata/Fujii method discloses wherein the massage bubbles are pneumatic massage bubbles filled with air (“The hollow body 13 can be pressurized with a medium, particularly a pneumatic medium, via a line 14 … for example, with pressurized air” see Fig. 3 and para. [0035] of Friderich; additionally the bubbles 49 of Iwata are “airbags” inflated by an air supplying and exhausting mechanism, see para. [0080]; Additionally, Fujii utilizes gas via air pump 31, Fig. 3), and wherein, at one time, a same amount of air is stored in at least two of the pneumatic massage bubbles, and/or (“and/or” only requires one of the recited alternatives, under the broadest reasonable interpretation) wherein different amounts of air are stored in at least two of the pneumatic massage bubbles (Friderich discloses providing sequential massage, “Different sequences of the massage zones 20 or of the massage programs can be controlled by schematically illustrated control device 21” in which at least two massage bubbles would have different amounts of air, as one would be relatively inflated and another would be relatively deflated to provide the sequential massage. Furthermore, Iwata allows the massage bubbles 49 to have their inflation separately adjusted, and thus the at least two airbags 49 can have a different amount of air compared to the remaining massage bubbles. See also Figs. 4a-5 of Fujii, at least two pneumatic massage bubbles have different amounts of air at certain times, such as one being inflated and another being deflated).
Regarding claim 24, the modified Friderich/Iwata/Fujii method discloses wherein the massage bubbles are pneumatic massage bubbles filled with air (“The hollow body 13 can be pressurized with a medium, particularly a pneumatic medium, via a line 14 … for example, with pressurized air” see Fig. 3 and para. [0035] of Friderich; additionally the bubbles 49 of Iwata are “airbags” inflated by an air supplying and exhausting mechanism, see para. [0080]; Additionally, Fujii utilizes gas via air pump 31, Fig. 3), and wherein, at one time, a same amount of air is stored in at least two of the pneumatic massage bubbles, and/or (“and/or” only requires one of the recited alternatives, under the broadest reasonable interpretation) wherein different amounts of air are stored in at least two of the pneumatic massage bubbles (Friderich discloses providing sequential massage, “Different sequences of the massage zones 20 or of the massage programs can be controlled by schematically illustrated control device 21” in which at least two massage bubbles would have different amounts of air, as one would be relatively inflated and another would be relatively deflated to provide the sequential massage. Furthermore, Iwata allows the massage bubbles 49 to have their inflation separately adjusted, and thus the at least two airbags 49 can have a different amount of air compared to the remaining massage bubbles. See also Figs. 4a-5 of Fujii, at least two pneumatic massage bubbles have different amounts of air at certain times, such as one being inflated and another being deflated).
Regarding claim 25, the modified Friderich/Iwata/Fujii method discloses wherein the massage bubbles are pneumatic massage bubbles filled with air (“The hollow body 13 can be pressurized with a medium, particularly a pneumatic medium, via a line 14 … for example, with pressurized air” see Fig. 3 and para. [0035] of Friderich; additionally the bubbles 49 of Iwata are “airbags” inflated by an air supplying and exhausting mechanism, see para. [0080]; Additionally, Fujii utilizes gas via air pump 31, Fig. 3), and wherein, at one time, a same amount of air is stored in at least two of the pneumatic massage bubbles, and/or (“and/or” only requires one of the recited alternatives, under the broadest reasonable interpretation) wherein different amounts of air are stored in at least two of the pneumatic massage bubbles (Friderich discloses providing sequential massage, “Different sequences of the massage zones 20 or of the massage programs can be controlled by schematically illustrated control device 21” in which at least two massage bubbles would have different amounts of air, as one would be relatively inflated and another would be relatively deflated to provide the sequential massage. Furthermore, Iwata allows the massage bubbles 49 to have their inflation separately adjusted, and thus the at least two airbags 49 can have a different amount of air compared to the remaining massage bubbles. See also Figs. 4a-5 of Fujii, at least two pneumatic massage bubbles have different amounts of air at certain times, such as one being inflated and another being deflated).
Response to Arguments
Applicant's arguments filed June 24, 2026, have been fully considered but they are not persuasive.
Regarding the argument that Friderich discloses massage zones 20 controlled in different sequences or massage programs, but fails to disclose the dynamic direction-control feature of dynamically controlling an amount of air in at least one massage bubble to vary a direction of a lifting movement of the at least one massage bubble as recited in amended independent claim 10 (see the last paragraph of page 10 of the Remarks, through the fourth paragraph of page 11), this argument is partially persuasive.
The Examiner agrees that Friderich does not disclose the dynamic direction-control feature recited in claim 10. Therefore, the rejection(s) under 35 USC 102 have been withdrawn. However, claim 10 is now rejected under 35 USC 103 as being unpatentable over Friderich et al. (2012/0032478) in view of Iwata et al. (2006/0036202). Iwata has been relied upon to teach the newly amended dynamic direction-control feature (see the rejection(s) above).
Regarding the argument that independent claim 14 recites corresponding method limitations, and that for the same reasons as discussed with respect to claim 10, Friderich does not disclose the dynamically controlling an amount of air in at least one massage bubble to vary a direction of a lifting movement of the at least one massage bubble (see the last paragraph of page 11 of the Remarks), this argument is partially persuasive.
The Examiner agrees that Friderich does not disclose the dynamic direction-control feature recited in claim 14. Therefore, the rejection(s) under 35 USC 102 have been withdrawn. However, claim 14 is now rejected under 35 USC 103 as being unpatentable over Friderich et al. (2012/0032478) in view of Iwata et al. (2006/0036202). Iwata has been relied upon to teach the newly amended dynamic direction-control feature (see the rejection(s) above).
Regarding the argument that claims 11-13 depend from independent claim 10 and that claims 18-21 depend from independent claim 14, and thus are patentable over Friderich (see the first paragraph of page 12 of the Remarks), this argument is not persuasive because claims 10 and 14 are now rejected under 35 USC 103 as being unpatentable over Friderich et al. (2012/0032478) in view of Iwata et al. (2006/0036202).
Regarding the argument that Fujii’s control is directed to selecting which airbags are inflated or deflated, and when those airbags are inflated or deflated, according to a predetermined operation pattern, and does not describe using an amount of air in a massage airbag as a dynamically controlled parameter to vary the direction of a lifting movement of that airbag relative to the seat surface … and that Fujii’s adjusting pressure of a flow passage is directed to improving quietness while maintaining inflation-deflation of the airbags… thus even if Friderich were combined with Fujii, the combination would not teach dynamically controlling an amount of air in at least one massage bubble as a dynamic parameter that varies the direction of a lifting movement of the at least one massage bubble relative to the seat surface (see the last paragraph of page 12 of the Remarks, through the second paragraph of page 13), this argument is partially persuasive.
The Examiner agrees that Friderich and Fujii do not disclose dynamically controlling an amount of air in at least one massage bubble as a dynamic parameter that varies the direction of a lifting movement of the at least one massage bubble relative to the seat surface. However, claim 14 is now rejected under 35 USC 103 as being unpatentable over Friderich et al. (2012/0032478) in view of Iwata et al. (2006/0036202). Iwata has been relied upon to teach the newly amended dynamic direction-control feature (see the rejection(s) above). Thus, Fujii does not need to teach the dynamic control limitation(s).
Regarding the argument that claims 15-17 and 22-25 depend from amended independent claim 14, and thus are patentable over Friderich in view of Fujii (see the third paragraph of page 13 of the Remarks), this argument is not persuasive because claim 14 is now rejected under 35 USC 103 as being unpatentable over Friderich et al. (2012/0032478) in view of Iwata et al. (2006/0036202), and claims 15-17 and 22-25 are rejected further in view of Fujii et al. (2021/0276458).
Regarding the argument that new claims 26 and 27 depend from amended independent claims 10 and 14, respectively, so they are patentable (see the last paragraph of page 13 of the Remarks), this argument is not persuasive because claims 10 and 14 are not allowed. See the 35 USC 103 rejection(s) above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cheng (2010/0031449) discloses a related vehicle seat with a plurality of massage bubbles that can vary the contour of the seat. Chen (2010/0145245) discloses a related massage seat that dynamically controls air in at least one massage bubble to vary a direction of its lifting movement. Spanyer (2016/0030276) discloses a related inflatable support wherein a user can input a selected pressure for each of the plurality of massage bubbles. Lem et al. (2016/0059750) discloses a related vehicle seat with a plurality of massage bubbles that can provide sequential and temporally sequenced activations. Noso et al. (2017/0231861) discloses a related inflatable massage device that can dynamically vary the amount of air in the massage bubble to vary a direction of its lifting movement. Norman et al. (10,492,979) discloses a vehicle seat with a plurality of inflatable massage bubbles that can dynamically vary the amount of air in the bubble(s) to vary a direction of their lifting movement.
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.
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/CHRISTOPHER E MILLER/ Examiner, Art Unit 3785
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