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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 3, 2026 has been entered.
Election/Restrictions
Claims 22-25 remain withdrawn from consideration. Applicant has traversed the requirement for restriction based on original presentation, as presented in the Office action of September 3, 2025.
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.
Claims 9, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over JPS6316211Y2 in view of JP4060675B2.
The primary reference shows all claimed features of the instant invention with the exception of at least one speaker retention bracket disposed in the speaker cavity, wherein the speaker retention bracket comprises a flange that extends to define a periphery of the at least one speaker retention bracket, and wherein at least a portion of the flange is encapsulated in the seat pad to retain the at least one speaker retention bracket in the seat pad, wherein the at least one speaker retention bracket comprises at least one retention feature extending within the speaker cavity adapted to cooperate with the speaker assembly and retain the speaker assembly in the seat pad (claim 9); a mounting aperture is defined inside the flange and is sized to receive the speaker assembly within the mounting aperture (claim 10); and wherein the flange of the at least one speaker retention bracket further comprises a guidance feature defined along the periphery, wherein the guidance feature is configured to orient the at least one speaker retention bracket into the seat pad (claim 12).
In the primary reference, note a vehicle seat (see Figures 1-3) comprising: a seat pad (8) defining a seating surface for supporting an occupant and a rear surface opposite the seating surface (see Figure 3), wherein a speaker cavity (12) for receiving a speaker assembly (7) is formed in the seat pad and the speaker cavity extends from the rear surface (see Figure 3) toward the seating surface.
The secondary reference teaches configuring a vehicle seat as including at least one speaker retention bracket (6, 9, 8) disposed in a speaker cavity (21), wherein the speaker retention bracket comprises a flange (9) that extends to define a periphery of the at least one speaker retention bracket, and wherein at least a portion of the flange is encapsulated (see Figure 2) in the seat pad to retain the at least one speaker retention bracket in the seat pad, wherein the at least one speaker retention bracket comprises at least one retention feature (6) extending within the speaker cavity to cooperate with the speaker assembly and retain the speaker assembly in the seat pad. Also note a mounting aperture (interior of 6, as shown in Figure 2) is defined inside the flange and is sized to receive the speaker assembly (7) within the mounting aperture. Additionally note the flange of the at least one speaker retention bracket further comprises a guidance feature (upper or lower surface of 9) defined along the periphery (see Figure 2), wherein the guidance feature is configured to orient the at least one speaker retention bracket into the seat pad.
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of the secondary reference by adding or substituting at least one speaker retention bracket as disposed in the speaker cavity, wherein the speaker retention bracket comprises a flange that extends to define a periphery of the at least one speaker retention bracket, and wherein at least a portion of the flange is encapsulated in the seat pad to retain the at least one speaker retention bracket in the seat pad, wherein the at least one speaker retention bracket comprises at least one retention feature extending within the speaker cavity to cooperate with the speaker assembly and retain the speaker assembly in the seat pad (regarding claim 9); and including a mounting aperture is defined inside the flange and is sized to receive the speaker assembly within the mounting aperture (regarding claim 10); wherein the flange of the at least one speaker retention bracket further comprises a guidance feature defined along the periphery, wherein the guidance feature is configured to orient the at least one speaker retention bracket into the seat pad (regarding claim 12). Modifying the primary reference in view of the teachings of the secondary reference enhances secure mounting of the speaker assembly to the vehicle seat.
Allowable Subject Matter
Claims 1-8, 21 and 26-29 are allowed.
Response to Amendment/Arguments
Applicant's response filed April 3, 2026 has been fully considered. Remaining issues are described above.
Regarding independent claim 1, Applicant’s arguments are persuasive. Note arguments regarding “indents”. Matsuhashi appears to show through-holes (11 and unlabeled holes in 1) and not indents.
Regarding claim 9, Applicant argues that the combination of JPS6316211Y2 and JP4060675B2 does not teach, suggest, or render obvious at least one speaker retention bracket disposed in the speaker cavity … comprises at least one retention feature extending within the speaker cavity adapted to cooperate with the speaker assembly and retain the speaker assembly in the seat pad”. The Examiner disagrees. Note the at least one retention feature extending within the speaker cavity adapted to cooperate with the speaker assembly and retain the speaker assembly in the seat pad, as described in the rejection above.
Applicant argues “as evident from the above annotated Figures 1 and 2, JP4060675B2 fails to describe the speaker case (6) comprises any ‘at least one retention feature’ extending within the fitting recess (21) and adapted to cooperate with the speaker (5) such that to retain the speaker (5) within a seat pad”. See the first paragraph on page 17 of the REMARKS. The Examiner disagrees. The speaker retention bracket (6, 9, 8) is explicitly shown as extending within the speaker cavity (21). See Figure 2. The at least one retention bracket includes at least one retention feature (6) that is clearly is adapted to “cooperate” with the speaker assembly (7) as it provides housing for the speaker assembly. The at least one retention feature explicitly cooperates with the speaker assembly to provide housing therefore, and to retain the speaker assembly therewithin.
Applicant argues JP4060675B2 “merely describes that the speaker case (6) as an integral part of the speaker (5) itself. The speaker case (6) is not disclosed as a separate or distinct component disposed within a seat pad, nor is it described as functioning to secure or retain the speaker via any retention feature”. Note that none of the terms “separate”, “distinct”, or “secure” appear in claim 9. As such, Applicant’s arguments are directed to limitations that are not claimed. Also, arguments regarding a “speaker” are merely directed to an article that is usable (i.e. intended use) with the claimed invention, as there is no positive claiming of a “speaker” in claim 9. Nevertheless, the retention bracket (6, 9, 8) is a separate or distinct component from the speaker assembly (7) and is explicitly shown as disposed within a seat pad. The speaker assembly (7) is capable of providing sound with or without the retention bracket (6, 9, 8), and has the capability of being used without the retention bracket. Likewise, the retention bracket is capable of housing articles other than a speaker assembly.
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., 000) 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’s arguments with respect to claim 9 are not persuasive, and rejections based on the prior art of record have been maintained.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 MILTON NELSON JR whose telephone number is (571)272-6861. The examiner can normally be reached M-F 5:30am-1:30pm.
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mn /MILTON NELSON JR/May 7, 2026 Primary Examiner, Art Unit 3636
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