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 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.
Claims 1-3, 6-7 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang (U.S 2002/0128572 A1).
Regarding claim 1, Chang discloses an assembly comprising:
a plurality of fluid impermeable sheets that cooperate with each other to form one or more fluid chambers (see Fig. 3 and Paragraph 0005 and Claims 34-36, the air bladders are formed of impermeable sheets that are linked and connected together to form multiple bladder chambers 21; It is noted that since there are multiple bladders, there are a plurality of sheets joined together), wherein the one or more fluid chambers are in fluid communication with a fluid supply passage (see Fig. 3, the bladders are in fluid communication with air conduit 22 to deliver the air from pump 23; There are also intermediate fluid conduits between the bladders); and
a vibration motor associated with the one or more fluid chambers (Figs. 3-5 and Paragraph 0017-0018, a massaging plate 26 is driven to vibrate on motor casing 25, which is affixed to the bladder).
Regarding claim 2, Chang discloses the device of claim 1.
Chang further discloses wherein the one or more fluid chambers comprise one or more fluid bladders (Paragraph 0005, the multiple fluid chambers of 32/33 are fluid bladders; Fig. 1-5), and wherein at least one fluid bladder directly supports the vibration motor (see Fig. 2-5; The motor casing, which contains the motor, is disposed on/is directly supported by the fluid bladder; Adhesive strips adhere the motor casing to the bladder).
Regarding claim 3, Chang discloses the device of claim 2.
Chang further discloses wherein the at least one fluid bladder includes a receptacle that receives the vibration motor (Fig. 2-5; The motor is disposed within motor casing 25, which is affixed to the bladder; Thus, the bladder includes a receptacle that receives the vibration motor).
Regarding claim 6, Chang discloses the device of claim 2.
Chang further discloses wherein the one or more fluid chambers comprises at least a first fluid chamber and a second fluid chamber, and including at least one port formed in one of the plurality of impermeable sheets that fluidly connects the first fluid chamber to the second fluid chamber (see Figs 1, 4-5; There are a plurality of fluid chambers/bladders 32/33 which are connected via ports/conduits 12 between the bladders/chambers; The connecting conduits/ports allow inflation of each of the bladders).
Regarding claim 7, Chang discloses the device of claim 1.
Chang further discloses including one or more controllers that operate the vibration motor such that the vibration motor is responsive to one or more of the following inputs to the one or more controllers: a massage request (Paragraph 0017-0020 and Claim 1; A controller operates the massaging bed and is responsive to input to activate massaging of the user’s muscles/back).
Regarding claim 18, Chang discloses a method comprising: forming one or more fluid chambers using a plurality of fluid impermeable sheets (see Fig. 3 and Paragraph 0005 and Claims 34-36, the air bladders are formed of impermeable sheets that are linked and connected together to form multiple bladder chambers 21; It is noted that since there are multiple bladders, there are a plurality of sheets joined together); connecting the one or more fluid chambers to a fluid supply passage (see Fig. 3, the bladders are in fluid communication with air conduit 22 to deliver the air from pump 23; There are also intermediate fluid conduits between the bladders); and providing tactile feedback with a vibration motor that is associated with the one or more fluid chambers (Paragraph 0017-0019; Massaging is delivered through a vibration motor within motor casing 25; Fig. 1-5, the motors are disposed on top of the fluid chambers and deliver massage to the user laying on the bed).
Claims 1-2, 4, 7, 10, 12-14, 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanabe (U.S 2023/0311720 A1).
Regarding claim 1, Tanabe discloses an assembly comprising:
a plurality of fluid impermeable sheets that cooperate with each other to form one or more fluid chambers (see Figs. 1-7 and Paragraph 0066; A plurality of air cells are provided with air-impermeable sheets to allow for inflation of the cells), wherein the one or more fluid chambers are in fluid communication with a fluid supply passage (Paragraph 0066, a compressed air supply inflates the air cells and thus must include a fluid supply passage to deliver the air to the cells); and
a vibration motor associated with the one or more fluid chambers (Paragraph 0069 and Fig. 7; Vibrator 31 is disposed on a support plate of the air cell devices and are moved as the inflation occurs to allow transmission of vibration to the user).
Regarding claim 2, Tanabe discloses the device of claim 1.
Tanabe further discloses wherein the one or more fluid chambers comprise one or more fluid bladders (see Fig. 5-6 and Paragraph 0066, the device includes a plurality of air cells/bladders which are inflatable; Additionally, there are multiple bellows/bladder sections on either left and right side), and wherein at least one fluid bladder directly supports the vibration motor (see Fig. 6-7; The bladders support the vibration motor on the lumbar support plate of 44; It is noted that the support plate 47 is affixed to the bladder and the vibrator is disposed thereon and thus the bladders still directly support the vibration motor and also dictate it’s angle/protrusion towards the user).
Regarding claim 4, Tanabe discloses the device of claim 2.
Tanabe further discloses wherein the at least one fluid bladder extends from a base end within a seat structure to an apex end that is adjacent a trim associated with the seat structure (see Figs. 1-7 and Paragraph 0062; The fluid bladders expand and extend from a lumbar support base end to an apex end towards the front of the seat at seatback central portion 28; The seat covering/trim is disposed at the seatback portion), and wherein the vibration motor is positioned at the apex end (Fig. 7, the vibrators 31 inclusive of the motors therein are positioned at the apex end when the bladders are inflated and biased towards the seatback portion 28).
Regarding claim 7, Tanabe discloses the device of claim 1.
Tanabe further discloses including one or more controllers that operate the vibration motor such that the vibration motor is responsive to one or more of the following inputs to the one or more controllers (Abstract, Paragraph 0010, 0032, 0109; A controller may operate the vibration motor according to sensed car/user conditions): a vehicle input from a vehicle control system (Paragraph 0109, a sensed danger condition of the car/driving situation can adjust the vibration accordingly); an external input indicative of conditions external to a vehicle (Paragraph 0109, external sensing of driving conditions can indicate a level of danger which adjusts the control of vibration delivered).
Regarding claim 10, Tanabe discloses the device of claim 1.
Tanabe further discloses including one or more controllers that operate the vibration motor based on operational information of a vehicle (Paragraph 0109; A controller may operate the vibration motor according to sensed car/user conditions, such as danger, to provide tactile/vibratory feedback), and wherein the vibration motor operates in a first mode for a first vehicle operational characteristic and in a second mode, different from the first mode, for a second vehicle operational characteristic (Paragraph 0116-0117, 0130 and Claim 3, actuation can be provided according to different car inputs/conditions including danger levels or open door conditions, etc.; Selectable relax/normal/business modes can adjust the level of actuation delivered by the vibrator during such events).
Regarding claim 12, Tanabe discloses the device of claim 10.
Tanabe further discloses wherein the first mode is operative at a first intensity level and the second mode is operative at a second intensity level that is less than the first intensity level (Paragraph 0116-0117, 0130 and Claim 3; A first mode, the normal mode, may deliver actuation at a first intensity level; A second mode, the relax mode, decreases the level of actuation and thus is at a second intensity below the first).
Regarding claim 13, Tanabe discloses the device of claim 1.
Tanabe further discloses wherein the one or more fluid chambers comprise one or more fluid bladders (Fig. 1-7, the left/right fluid chambers comprise fluid bladders which can inflate/deflate; Alternatively, there are left and right assemblies and thus multiple bladders) that are associated with a seat assembly (see Figs. 1-7, the bladders are within a seat assembly) that comprises: a frame (Fig. 1, 6 and Paragraphs 0059, 0066; A seat cushion frame is included in the seat, and a lumbar support plate 44 is disposed within the seat); one or more fluid bladders supported by the frame (see Fig. 7, the bladders are supported by the frame/plate 44); and a trim cover disposed over the frame, the one or more fluid bladders, and the vibration motor (Fig. 7, seatback central portion 28 and side portions 27 are disposed over the seat frame/lumbar support and bladders/motor), and wherein a vibration effect from the vibration motor is communicated to the trim cover (Paragraph 0069, the vibration from vibrators 31 are transmitted to the patient resting upon the trim cover of the seatback portion 28).
Regarding claim 14, Tanabe discloses an assembly comprising: a seat structure; at least one fluid bladder comprising one or more fluid chambers that are in fluid communication with a fluid supply passage (Figs. 1-7 and Paragraph 0066, a plurality of air cells are provided with air-impermeable sheets to inflate, a compressed air supply inflates the cells and thus must include a fluid supply passage to deliver the air to the cells); at least one vibration motor associated with the one or more fluid chambers (Fig. 7, vibrator 31 is supported/disposed on the bladders); and a trim cover disposed over the seat structure, at least one fluid bladder, and the at least one vibration motor (Fig. 7, seatback central portion 28 and side portions 27 are disposed over the seat frame/lumbar support and bladders/motor), and wherein varying pressurization of the at least one fluid bladder and variable vibrational output from the at least one vibration motor comprise tactile input to the trim cover (Paragraph 0069, the vibration of the vibrators is transmitted to the user through the seatback; Paragraph 0068 and Fig. 6, the inflation of the bladder cells cause protrusion of the seat and thus tactile feedback to the user resting on the seat).
Regarding claim 16, Tanabe discloses the device of claim 14.
Tanabe further discloses including one or more controllers that operate the vibration motor based on operational information of a vehicle (Paragraph 0109; A controller may operate the vibration motor according to sensed car/user conditions, such as danger, to provide tactile/vibratory feedback), and wherein the vibration motor operates in a first mode for a first vehicle operational characteristic and in a second mode, different from the first mode, for a second vehicle operational characteristic (Paragraph 0116-0117, 0130 and Claim 3, actuation can be provided according to different car inputs/conditions including danger levels or open door conditions, etc.; Selectable relax/normal/business modes can adjust the level of actuation delivered by the vibrator during such events).
Regarding claim 17, Tanabe discloses the device of claim 14.
Tanabe further discloses wherein the at least one fluid bladder extends from a base end within the seat structure to an apex end that is adjacent the trim cover (see Fig. 9, 11-14; The bladder assembly may be disposed in a covering/seat assembly, where the bladders extend from a lower base end to an apex end that is adjacent a trim; The bladders extend from base section 62 to an apex surface at top section 61, which comprises a trim material that surrounds the bladders), and wherein the at least one fluid bladder directly supports the vibration motor at the apex end (Fig. 7, the vibrators 31 inclusive of the motors therein are positioned at the apex end when the bladders are inflated and biased towards the seatback portion 28; The fluid bladders directly supporting the vibration motor towards/at the apex end).
Regarding claim 18, Tanabe discloses a method comprising:
forming one or more fluid chambers using a plurality of fluid impermeable sheets (see Figs. 1-7 and Paragraph 0066; A plurality of air cells are provided with air-impermeable sheets to allow for inflation of the cells);
connecting the one or more fluid chambers to a fluid supply passage (Paragraph 0066, a compressed air supply inflates the air cells and thus must include a fluid supply passage to deliver the air to the cells); and
providing tactile feedback with a vibration motor that is associated with the one or more fluid chambers (Abstract, Paragraph 0109; A controller may operate the vibration motor according to sensed car/user conditions, such as danger, to provide tactile/vibratory feedback).
Regarding claim 19, Tanabe discloses the method of claim 18.
Tanabe further discloses wherein the one or more fluid chambers comprise one or more fluid bladders (Fig. 1-7, there are multiple bladder sections in each of the left/right chambers; Alternatively, there are left and right assemblies and thus multiple bladders), and including: associating the one or more fluid bladders with a seat assembly (Fig. 1-7; The bladders are part of a seat assembly) that comprises: a frame (Fig. 1, 6 and Paragraphs 0059, 0066; A seat cushion frame is included in the seat, and a lumbar support plate 44 is disposed within the seat); one or more fluid bladders supported by the frame (Fig. 7, lumbar support plate 44 supports the fluid bladders); and a trim cover disposed over the frame, the one or more fluid bladders, and the vibration motor (Fig. 7, seatback central portion 28 and side portions 27 are disposed over the seat frame/lumbar support and bladders/motor); and directly supporting the vibration motor at an apex end of the one or more fluid bladders that is adjacent the trim cover (see Fig. 7, the vibration motor is supported and biased to an apex end which is adjacent the seatback portions 27/28).
Regarding claim 20, Tanabe discloses the method of claim 18.
Tanabe further discloses operating the vibration motor in response to a plurality of different inputs; operating the vibration motor in at least a first mode in response to one input of the plurality of different inputs; and operating the vibration motor in at least a second mode, different than the first mode, in response to a different input of the plurality of different inputs (Paragraph 0116-0117, 0130 and Claim 3, actuation can be provided according to different car inputs/conditions including danger levels or open door conditions, etc.; Selectable relax/normal/business modes can adjust the level of actuation delivered by the vibrator during such events).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5 are rejected under 35 U.S.C. 103 as being unpatentable over Tanabe (U.S 2023/0311720 A1), as applied to claim 1-2 and 4, in view of Worlitz (U.S 2013/0187419 A1).
Regarding claim 5, Tanabe discloses the device of claim 1.
Tanabe further discloses wherein the fluid supply passage is associated with a fluid supply fluid and is in fluid communication with the at least one fluid bladder (Paragraph 0066, the air cells are connected to an air supply device which provides air and inflates the bladders; Thus, there must be a fluid supply passage in communication with the bladders).
Tanabe is silent regarding wherein the fluid supply passage is positioned at the base end.
However, Worlitz teaches wherein a fluid supply passage to an inflatable bladder in a vehicle seat is positioned at a base end of the seat (see Figs. 1-7 and Paragraph 0019; The supply line for inflating the bubble within the seat can be disposed on a sub/base layer 1).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Tanabe to have included the fluid supply passage in a base layer/base end of the seat, such as that taught by Worlitz, in order to provide a known alternative arrangement for inflation within a vehicle seat (Paragraph 0019 and Figs. 1-7).
Claims 8-9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Tanabe (U.S 2023/0311720 A1), as applied to claim 14, in view of Sleichter (U.S 2002/0145512 A1).
Regarding claim 8, Tanabe discloses the device of claim 1.
Tanabe further discloses including one or more controllers that operate the vibration motor (Paragraph 0109; A controller may operate the vibration motor according to sensed car/user conditions, such as danger, to provide tactile/vibratory feedback) such that the vibration motor is responsive to each of the following inputs to the one or more controllers: a vehicle input from a vehicle control system (Paragraph 0109, a sensed danger condition of the car/driving situation can adjust the vibration accordingly); a user input from a user indicative of controlling one or more aspects of vehicle performance (Paragraph 0108, 0138, the occupant can select/control the amount of actuation delivered from vehicle performance conditions such as turning, door open conditions, etc.; also see Paragraph 0022 regarding setting actuation according to wakefulness); and an external input indicative of conditions external to a vehicle (Paragraph 0109, sensed danger conditions external to the car can prompt actuation and vibration to notify the user of the conditions).
Tanabe is silent regarding the vibration being responsive to a massage request.
However, Sleichter teaches wherein vibration motors can be responsive to massage requests from the user in addition to alertness maintenance (Paragraph 0059-0060, 0063, the seat includes vibrators 12 which can be actuated to increase user alertness but also according to a selected massaging mode).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Tanabe to include actuating the motors according to a massage request, such as that taught by Sleichter, in order to provide comfort to the user while driving in addition to the other stimulation/alertness functions (Abstract, Paragraphs 0059-0063).
Regarding claim 9, Tanabe discloses the device of claim 8.
Tanabe further discloses wherein the vibration motor operates: in a second condition in response to the vehicle input, the user input, or the external input (Paragraph 0108-0109 and 0138; The first condition can be road/danger conditions sensed by the vehicle, vehicle operation/turning conditions, etc.).
Sleichter further teaches wherein the vibration motor operates in a first condition in response to the massage request, wherein the second condition is different than the first condition (Paragraph 0059-0060, 0063; The massage request can include a different operation/conditions to relieve muscles/fatigue from a user input; The duration/intensity/location/etc. will be different than transient vibrations provided during road/danger conditions of Tanabe).
Regarding claim 15, Tanabe discloses the device of claim 14.
Tanabe further discloses one or more controllers that operate the vibration motor (Paragraph 0109; A controller may operate the vibration motor according to sensed car/user conditions, such as danger, to provide tactile/vibratory feedback) such that the vibration motor is responsive to each of the following inputs to the one or more controllers: a vehicle input from a vehicle control system (Paragraph 0115-0117, a normal/relaxation mode can be set by the vehicle which controls the degree of actuation during use/driving based on reclining; Additionally see Paragraph 0022 regarding increasing actuation according to wakefulness detected and Paragraph 0027 regarding reducing vibration if a crash is determined to be imminent); a user input from a user indicative of controlling one or more aspects of vehicle performance (Paragraph 0108, 0138, the occupant can select/control the amount of actuation delivered from vehicle performance conditions such as turning, door open conditions, etc.; also see Paragraph 0022 regarding setting actuation according to wakefulness); and an external input indicative of conditions external to a vehicle (Paragraph 0109, sensed danger conditions external to the car can prompt actuation and vibration to notify the user of the conditions).
Tanabe is silent regarding the vibration being responsive to a massage request.
However, Migneco teaches wherein vibration motors can be responsive to massage requests from the user in addition to alertness maintenance (Paragraph 0059-0060, 0063, the seat includes vibrators 12 which can be actuated to increase user alertness but also according to a selected massaging mode).
It would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Tanabe to include actuating the motors according to a massage request, such as that taught by Sleichter, in order to provide comfort to the user while driving in addition to the other stimulation/alertness functions (Abstract, Paragraphs 0059-0063).
Claims 11 is rejected under 35 U.S.C. 103 as being unpatentable over Tanabe (U.S 2023/0311720 A1), as applied to claims 1, 10, in view of Kiefer (U.S 2013/0342366 A1).
Regarding claim 11, Tanabe discloses the device of claim 10.
Tanabe is silent regarding wherein the first mode is operative for a first amount of time and the second mode is operative for a second amount of time that is less than the first amount of time.
However, Kiefer teaches wherein different vehicle operative states or alert conditions can have different durations (Paragraph 0022, 0048, 0050-0053; Pulse modulation or duration of vibrations can be different to distinguish between different conditions; Additionally, the duration of vibrations can also be shorter or longer depending on the type of warning; For example, lane departure warnings will be relatively short compared to parking assist or item proximity vibrations).
Thus, it would have been obvious to one having ordinary skill in the prior art before the effective filing date of the claimed invention to have modified the device of Tanabe to include operating the vibration of the two modes for different durations, such as that taught by Kiefer, in order to distinguish between different vehicle conditions or to provide feedback suitable for different conditions (Paragraphs 0022, 0048, 0050-0053).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS WILLIAM GREIG whose telephone number is (571)272-5378. The examiner can normally be reached Monday - Thursday: 7:30AM - 5:00PM.
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/THOMAS W GREIG/Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785
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