Prosecution Insights
Last updated: April 19, 2026
Application No. 18/751,597

Systems And Methods For Delivering Air To The Neck Of A Vehicle Driver Or Passenger

Non-Final OA §103
Filed
Jun 24, 2024
Examiner
KIM, SHIN H
Art Unit
3636
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
J.B. Poindexter & Company
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
2y 2m
To Grant
76%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
735 granted / 1149 resolved
+12.0% vs TC avg
Moderate +12% lift
Without
With
+11.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
35 currently pending
Career history
1184
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
54.2%
+14.2% vs TC avg
§102
28.4%
-11.6% vs TC avg
§112
9.7%
-30.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1149 resolved cases

Office Action

§103
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 § 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) 1-3, 5-8, 6-8, 10-12, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jochen Pfaff et al. U.S. Patent Publication 2022/0176855 (Pfaff). Regarding claims 1, 2, 5, 19, and 20, Pfaff discloses seat assembly comprising: a seat ([0040]); and a seatback ([0054]) extending upwardly from the seat, wherein the seatback defines a vent outlet (, wherein the vent outlet is spaced from the seat to overlie a neck of an individual seated in the seat (Figure 2 and 3). Pfaff does not directly disclose the vent outlet having a vertical dimension from about 4 inches to about 10 inches or 20-30 inches. Dimensional modification is common and well known in the art. It would be obvious to a person having ordinary skill in the art to provide a vent outlet dimensioned to best fit a seated user’s body contact area and it is well known this dimension range could be 4-10 or 20-30 inches. Such a modification would provide a means to efficient emit air that would contact the user. Regarding claim 3, Pfaff discloses the seat wherein the seatback comprises a resilient support structure, wherein the resilient support structure defines a plurality of openings, wherein the plurality of openings cooperate to define the vent outlet (Element 32a-f Figure 3). Regarding claims 6 and 7, Pfaff discloses the seat wherein further comprising a blower configured to effect airflow out the vent outlet; wherein the blower is embedded in the seatback (Element 12). Regarding claim 8, Pfaff discloses the seat further comprising a conduit in fluid communication with the vent outlet, wherein the conduit is configured to communicate air from an air conditioned source (Figure 3 region Element 20 delivering air from Element 16 region to Element 32a-f region). Regarding claims 10-12, Pfaff discloses the seat further comprising at least one baffle that is configured to control flow through the seatback toward the vent outlet, further comprising a flow housing, wherein the at least one baffle is positioned within the flow housing (Figure 3 Element 31 within the housing shown); wherein the flow housing comprises a top, a bottom, and an inlet, wherein the inlet is offset relative to a midline between the top and the bottom of the flow housing (Figure 2 and 3, showing the top and bottom and inlet). Regarding claim 18, Pfaff discloses the seat further comprising a covering material positioned over the vent outlet ([0030]). Claim(s) 4, 13-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jochen Pfaff et al. U.S. Patent Publication 2022/016855 (Pfaff) in view of Brian Comiskey et al. U.S. Patent 7,827,805 B2 (Comiskey). Regarding claim 4, Pfaff discloses the seat wherein comprising the resilient support structure (Element 102). Pfaff does not directly disclose the support structure to be foam. Comiskey discloses a seat assembly comprising a ventilation system within a resilient support structure that comprises foam (Column 4 Line 19-25). Therefore it would have been an obvious modification well known in the art before the effective filing date of the claimed invention to modify Pfaff as taught by Comiskey to include Comiskey’s foam material. Such a modification would provide material for the support structure that is durable and resilient as a seat surface for the user. Regarding claims 13-15, Pfaff in view of Comiskey discloses the seat wherein the resilient support structure comprises a front side and a back side, wherein the plurality of openings extend from the front side to the back side, wherein the seat assembly further comprises a diffusion region on the back side, wherein the diffusion region extends across each opening of the plurality of openings; further comprising a diffusion material that is configured to diffuse airflow across the diffusion region; wherein the diffusion material comprises an entangled fibrous material or an open cell foam (Figure 5a-5b Column 4 Line 19-25, open cell foam material having openings, Comiskey). Regarding claim 16, Pfaff in view of Comiskey discloses the seat further comprising a blower (Element 12, Pfaff) configured to effect airflow out the vent outlet, wherein the vent outlet has a lower end, an upper end spaced from the lower end along a vertical axis (Figure 2), and a midline equally spaced between the upper end and the lower end, wherein the blower is in communication with the diffusion region at a location offset from the midline of the vent outlet (Element 31, Pfaff). Regarding claim 17, Pfaff in view of Comiskey discloses the seat further comprising a partition between the blower and the diffusion region along a direction of flow, wherein the partition defines at least one opening defining the location offset from the midline of the vent outlet (Element 12 with 18 offset and separated from the Element 31, Pfaff). Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jochen Pfaff et al. U.S. Patent Publication 2022/016855 (Pfaff) in view of Giles A. Kendall U.S. Patent 3,732,944 (Kendall). Regarding claim 9, Pfaff discloses the seat further comprising a conduit in fluid communication with the vent outlet, wherein the conduit is configured to communicate air from an air conditioned source (Figure 3 region Element 20 delivering air from Element 16 region to Element 32a-f region). Pfaff does not directly disclose the conduit comprises a vacuum hose. Kendall discloses a vehicle seat having an air conditioned system comprising a conduit (Element 62) comprising a vacuum hose (Column 3 Lien 53-65). Therefore it would have been an obvious modification well known in the art before the effective filing date of the claimed invention to modify Pfaff as taught by Kendall to include Kendall’s conduit with a vacuum hose. Such a modification would provide a means to facilitate airflow within the ventilation system for the enhanced comfort of the seated user. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIN H KIM whose telephone number is (571)272-7788. The examiner can normally be reached Monday-Friday 9AM-6PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SHIN H KIM/Primary Examiner, Art Unit 3636
Read full office action

Prosecution Timeline

Jun 24, 2024
Application Filed
Jan 23, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600276
INDEPENDANT AIR CONDITIONING SEAT FOR VEHICLES
2y 5m to grant Granted Apr 14, 2026
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
64%
Grant Probability
76%
With Interview (+11.6%)
2y 2m
Median Time to Grant
Low
PTA Risk
Based on 1149 resolved cases by this examiner. Grant probability derived from career allow rate.

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