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 .
Claim Interpretation
Claims 6, 9, and 14 are product by process claims subject to MPEP 2113. Per MPEP 2113, the method in which the structure is defined does not hold weight, only the final structure is needed for the claim to be rejected.
Claim Objections
Claim 15 objected to because of the following informalities: “the fixed suspension spring is arranged to the backrest” is not grammatically correct. Appropriate correction is required.
Claim 19 objected to because of the following informalities: “the cover plate is arranged to the bottom housing” and “the connecting lug plate is arranged to the cover plate” is not grammatically correct. 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.
Claim 8 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.
For Claim 8, “each long side edge is provided with one connecting lug plate” is claimed but Claim 8 depends on Claim 7 which states that the “vibration device is provided with a connecting lug plate”. It is unclear if the connecting lug plate of Claim 8 is the same connecting lug plate of Claim 7 or in addition to the connecting lug plate of Claim 7. As such the claim is unclear and therefore indefinite.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 7, 10, 11, 13, and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanase (JP #2009297408).
For Claim 1, the figures of Tanase ‘408 disclose a vibration seat (1), comprising a seat body; a fixed suspension spring (10, 11) mounted to the seat body; and a vibration device (2), wherein the fixed suspension spring comprises an engaging protrusion (24, 25, and 29), the vibration device comprises an engaging hole (holes in the flange of the speaker, 2), and the engaging protrusion is engaged with the engaging hole.
For Claim 10, the figures of Tanase ‘408 disclose that the fixed suspension spring (10, 11) comprises a plurality of transverse ribs arranged in sequence, adjacent two transverse ribs comprises a plurality of transverse ribs arranged in sequence, adjacent two transverse ribs are spaced apart, and at least two transverse ribs are provided with the engaging protrusion.
For Claim 7, the figures of Tanase ‘408 disclose a lateral edge of the vibration device is provided with a connecting lug plate having a first surface and a second surface opposite to each other, the engaging hole runs through the first surface and the second surface, and the engaging protrusion passes through the engaging hole from the first surface and is configured to be engaged at the second surface.
For Claim 11, the figures of Tanase ‘408 disclose that the fixed suspension spring further comprises at least two longitudinal ribs (12, 13), and the at least two longitudinal ribs are distributed along a length direction of the plurality of transverse ribs, and connected with the plurality of transverse ribs (10, 11), so that the plurality of transvers and longitudinal ribs form a mesh-like structure.
For Claim 13, the figures of Tanase ‘408 disclose that each transverse rib (10, 11) is bent and has a convex part and a concave part, the convex part and the concave part are alternately distributed along a length direction of the plurality of transverse ribs, and in the same transverse rib, adjacent two concave parts are each provided with one engaging protrusion.
For Claim 15, the figures of Tanase ‘408 disclose that the seat body comprises a seat cushion and a backrest connected with each other and the fixed suspension spring is arranged to the backrest.
For Claim 16, the figures of Tanase ‘408 disclose that the engaging hole is a circular hole, the elastic engaging section has a surface facing away from the connecting section, and the surface of the elastic engaging section is an externally convex arc-shaped surface.
For Claim 17, the figures of Tanase ‘408 disclose that the externally convex arc-shaped surface is matched with a shape of a hole wall of the engaging hole.
Claim Rejections - 35 USC § 103
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) 2-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanase (JP #2009297408) as applied to claims 1 and 8 above, and further in view of Bajic (EP #1675747).
For Claims 2-6, while Tanase ‘408 teaches an engaging protrusion (24, 25, and 29) connected to the fixed suspension springs, it is silent about them having an elastic engaging section and a connecting section connected with each other and forming an elastic gap. However, figures 8A and 8B of Bajic ‘747 teach an engaging protrusion (324) comprising a connecting section and an elastic engaging section (330) connected with each other, and the elastic engaging section and the connecting section are arranged in an included angle, so that an elastic gap is formed between the elastic engaging section and the connecting section, and the elastic engaging section is configured to be compressed by a hole wall of the engaging hole to reduce the elastic gap and to pass through the engaging hole; wherein the engaging protrusion comprises two elastic engaging sections (330) arranged on two opposites sides of the connecting section and wherein an arc surface (336) is arranged at a peripheral edge of one of ends of the connecting section ,and an end of the elastic engaging section is transitionally connected with the connecting section through the arc surface; wherein the connecting section has a first end and a second end, the first end is connected with an end of the elastic engaging section, the second end is connected with a base (328), and the base is connected with the fixed suspension spring. Therefore it would have been obvious to someone of ordinary skill in the art to modify the engaging protrusions of Tanase ‘408 with the known engaging protrusions of Bajic ‘747. The motivation to do so would be to provide a connecting section that can easily be connected and disconnected without need a nut (29) thus reducing the amount of parts needed.
For Claims 9 and 19, while Tanase ‘408 discloses using metal parts and the connecting lug plate being integrally formed with the vibration device, it is silent about the specific design of the vibration device, figures 12-13 of Bajic ‘747 teaches that the vibration device comprises a housing comprising a bottom housing (308) and a cover plate (370), the bottom housing defines the cavity and has an opening, the cover plate is arranged to the bottom housing to cover the opening, and the connecting lug plate is arranged to the cover plate; and a vibration body, the housing is a shell cavity structure, the vibration body is installed in a cavity of the housing. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date to modify Tanase ‘408 with the vibration device design of Bajic ‘747. The motivation to do so is to have a system where the vibration body can be replaced if broken.
Claim(s) 8 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanase (JP #2009297408).
For Claim 8, while Tanase ‘408 discloses a vibration device with a lug plate, it is silent about the vibration device being rectangular with two opposite long side edges having a connecting lug plate It would have been an obvious matter of design choice to change the shape, since applicant has not disclosed that the specific shape solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with either shape. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
For Claim 12, while Tanase ‘408 discloses a first and second transverse rib, it is silent about a third. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have more transverse ribs to support the entire backrest, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
For Claim 14, while Tanase ‘408 discloses using metal structures, it is silent about the engaging protrusion being plastic and the suspension spring being metal. The Examiner takes Official Notice that it is well known in the art to use plastic and metal components in a seat as they are two of the most used materials.
For Claim 18, while Tanase ‘408 discloses using metal structures, it is silent about the lug plate being metal or being bent. The Examiner takes Official Notice that it is well known in the art to use metal components in a seat as it is a commonly used material and a bent shape is a common plate shape. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
For Claim 20, while Tanase ‘408 discloses that the transverse rib is circular, it is silent about the longitudinal rib being circular. However, it would be obvious to change the rectangular shape to circular. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP J BONZELL whose telephone number is (571)270-3663. The examiner can normally be reached 9-5.
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/PHILIP J BONZELL/Primary Examiner, Art Unit 3642 9/26/2025