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 .
Election/Restrictions
Applicant has traversed the requirement for restriction based on original presentation, as presented in the Office action of September 3, 2025.
Applicant argues that “independent claim 1 recites a speaker assembly configured to engage with retention brackets. These features are integral to the claimed system and are not optional or generic. The inventive concept of claim 1 relies on the structural and functional cooperation between the speaker assembly and the retention brackets to achieve secure retention. Therefore, the combination cannot be shown to be patentable without the particulars of the speaker assembly”. This is not found persuasive.
Inventions in this relationship are distinct if it can be shown that (1) the combination as claimed does not require the particulars of the subcombination as claimed for patentability, and (2) that the subcombination has utility by itself or in other combinations (MPEP § 806.05(c)). In the instant case, the combination as claimed does not require the particulars of the subcombination as claimed because the combination does not require at least a snap-fit engagement, as is required by the subcombination. The subcombination has separate utility such as a sound system for mounting within a television. Also note that the combination has not been shown to be patentable.
Applicant argues “Similarly, claim 22 recites a speaker assembly with structural features that correspond to the engagement mechanism required by claim 1. These features demonstrate that the speaker assembly is specifically configured for integration with the claimed system and is not a generic component”. Applicant fails to define these features. Review of independent claim 22 shows that it includes features that are not recited in independent claims 1 and 9. Note as described in the requirement for restriction.
Claims 22-25 remain withdrawn from consideration.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 4, 6, 21, 26 and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsuhashi (US7413248).
Note a system, comprising: one or more speaker retention brackets (1, 6, 60) defined within a seat foam pad (3) of a seat assembly (as shown in Figure 5, wherein the speaker retention bracket is shown as defined within the cavity formed in the seat foam pad), wherein each of the one or more retention brackets comprises at least one retention feature (1) comprising a plurality of indents (11 and the unlabeled holes in 1, as shown in Figure 3); and a speaker assembly (4, 42) comprising a plurality of extended retention members (42), the speaker assembly is retained by each of the one or more speaker retention brackets, wherein the at least one retention feature is configured to cooperate with the speaker assembly such that each of the plurality of extended retention members is configured to engage with respective indent of the plurality of indents on the one or more speaker retention bracket, and retain the speaker assembly in the seat foam pad, and wherein the speaker assembly is configured to emit vibrations (i.e. sound waves).
Regarding claim 3, note the speaker assembly is disposed in a lumbar section of the seat foam pad. See Figure 1.
Regarding claim 4, note the one or more speaker retention brackets are disposed within a left section of a centerline of a seatback and within a right section of the centerline of a seatback. See Figures 1-2.
Regarding claim 6, note the one or more speaker retention brackets are capable of transmitting the vibrations in all intended directions of motion from the speaker assembly. Note that there are no devices provided or disclosed to eliminate vibrations in any direction of motion from the speaker assembly. As is necessarily the case, vibrations (i.e. sound waves) would exist fore-aft and laterally. Note that a person sitting fore, aft, or laterally of the vehicle seat would necessarily be able to hear sound (i.e. vibrations) from the speaker assembly, as this is basic physics.
Regarding claim 26, note the at least one retention feature (1) is a ridge (i.e. a raised narrow strip) that extends transversely and therefore comprises a ridge extending transversely (see Figures 3 and 5), and wherein at least one indent of the plurality of indents (11 or unlabeled holes) is positioned within the ridge.
Regarding claim 21, note the at least one indent (11) extends less from the at least one retention feature (1) than adjacent portions of the ridge (6). See Figure 3, where the indent does not extend from the retention feature (1) and therefore necessarily extends less from the at least one retention feature than adjacent portions of the ridge.
Regarding claim 28, note each of the plurality of extended retention members is configured to engage with the respective indent via an interference fit (threads of the screw 42, i.e. retention member) engaging the material forming the opening (i.e. indent 11).
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 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuhashi (US7413248) in view of Ostler et al (US20090152917).
The primary reference shows all claimed features of the instant invention with the exception of the speaker assembly further comprises at least one of a shaker speaker or a tactile transducer (claim 2); wherein the at least one of the shaker speaker or the tactile transducer is configured to emit a low frequency output (claim 5).
Ostler et al teaches configuring a seat associated speaker assembly as comprising at least one of a shaker speaker or a tactile transducer; wherein the at least one of the shaker speaker or the tactile transducer is configured to emit a low frequency output. Note as described in ¶ 0057.
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to further modify the primary reference in view of the Ostler et al by substituting for the speaker in the speaker assembly at least one of a shaker speaker or a tactile transducer (regarding claim 2); wherein the at least one of the shaker speaker or the tactile transducer is configured to emit a low frequency output (regarding claim 5). These modifications enhance vibration to a user and/or the area adjacent the speaker assembly.
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 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.
Claims 29 is rejected under 35 U.S.C. 103 as being unpatentable over Matsuhashi (US7413248) in view of Bajic et al (US7425034).
The primary reference shows all claimed features of the instant invention with the exception of the interference fit comprising a snap-fit engagement.
The secondary reference conventionally teaches configuring a seat related accessory system as having a plurality of extended retention members (220) that are configured to engage with respective indents (on 200) via an interference fit that comprises a snap-fit engagement. See Figure 11, line 35 in column 9, and line 1 in column 11.
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 Bajic et al by substituting snap-fit connectors for the threaded fasteners (i.e. the extended retention members 42) of the primary reference. This modification provides an alternate, equivalent fastener type for the primary reference wherein one performs equally as well as the other. The choice in fastener types is merely a design consideration. Modification of Bajic et al is representative of simple substitution of one known element for another to obtain predictable results.
Allowable Subject Matter
Claims 7, 8 and 27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Amendment/Arguments
Applicant's response filed November 25, 2025 has been fully considered. Remaining issues are described above.
Applicant that Matsuhashi does not anticipate, either inherently or expressly at least the features of, "one or more speaker retention brackets defined within a seat foam pad of a seat assembly," as recited in independent claim 1. The Examiner disagrees. Matsuhashi provides one or more speaker retention brackets (1, 6, 60) defined with a seat foam pad (3) of a seat assembly. This is shown in at least Figures 2, 3 and 5, wherein the speaker retention bracket is explicitly shown as defined within the cavity formed by the rear and sides of the seat pad.
Applicant argues that “the suspension board (1) of Matsuhashi is not embedded in or defined within the foam padding (3)”. The Examiner disagrees, as it can been seen in Figures 2 and 5 that the member (1) of Matsuhashi is incorporated into the foam pad as an essential characteristic (i.e. embedded), and determined, fixed, and clearly marked out as to extent, outline, or form (i.e. defined) within the foam padding.
Applicant argues that “Matsuhashi's suspension board (1) is a separate component suspended by springs and connected to the frame”. The Examiner notes that such fails to negate the identified retention brackets as being defined “within” the seat foam pad of the assembly.
Applicant argues that Matsuhashi's design relies on a suspension mechanism, not on retention brackets integrated into foam for securing the speaker unit. This structural arrangement of Matsuhashi is fundamentally different from the claimed invention, because the claimed invention requires speaker retention brackets defined within the seat foam pad to retain the speaker assembly”. The Examiner again notes that the assembly (1, 6, 60) is a retention bracket. Whether or not the assembly is suspended appears irrelevant, as it still performs as a retention bracket.
Regarding claims 21 and 26, note the current interpretation as necessitated by Applicant’s amendments to these claims. Arguments regarding these claims are now moot.
Regarding claim 9, Applicant respectfully submits that the combination of JPS6316211Y2 and JP4060675B2 fails to teach or suggest at least the feature of "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". The Examiner disagrees.
Applicant argues that the combination of references, and specifically the secondary reference fails to teach or suggest the feature of, "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". The Examiner notes at least Figures 2 of the secondary reference which explicitly shows flange (9) sheathed (i.e. encapsulated) in a pad (2).
Applicant argues that the combination of JPS6316211Y2 and JP4060675B2 fails to teach or suggest, for example, the feature of, "a mounting aperture is defined inside the flange and is sized to receive the speaker assembly within the mounting aperture," 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," as recited in dependent claims 10 and 12, respectively. The Examiner disagrees. The inner periphery of the flange 9 clearly provides an aperture in which a speaker assembly is mounted. This is explicitly shown in at least Figure 2 of the secondary reference. Also, the guidance feature (upper or lower surface) of the flange clearly is used to orient the speaker retention bracket into the seat pad as this feature defines the depth to which the speaker retention bracket is encapsulated within the pad. This is clear from at least Figures 1 and 2.
Applicant’s arguments are not persuasive, and rejections based on the prior art of record have been maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP200370088A shows a speaker mounted to a support with a snap-fit fastener.
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.
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/January 12, 2026 Primary Examiner, Art Unit 3636