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 § 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.
Claims 3, 12 and 18 are 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.
Claim 3 sets forth that the upper layer of the first pouch comprises “the covering”. It is unclear if this covering is intended to be the same structure as “a covering”, as set forth in claim 1, from which claim 3 depends. Claim 1 appears to set forth the first pouch of the cushion, and the covering as separate elements. Note line 2 which recites “a cushion and a covering”. As such, it is unclear how the upper layer of the cushion (i.e. the first pouch) comprises the covering. Clarification in the claim language is required. Similarly note claim 12, as it depends from claim 11, and claim 18 as it depends from claim 16.
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.
Claim(s) 1, 3, 5, 6, 7 and 10, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 103 as being unpatentable over Netznik (US4525130) in view of Morrell et al (US4171549).
The primary reference shows all claimed features of the instant invention with the exception of a covering comprising a flexible exterior surface configured to receive a user sitting at the seat assembly.
In the primary reference, note a seat bottom having a cushion (bag 24 and beads 26), the cushion comprising a bead-based pad (bag 24 and beads 26), the bead-based pad comprising: a flexible first pouch (bag 24) defining a first compartment (interior space of 24); and a first set of beads (26) movable within the first compartment; wherein, responsive to the user sitting at the seat assembly, the first pouch flexes according to flexing of the exterior surface and the first set of beads move within the first compartment to at least partially conform the first pouch and the exterior surface of the covering to a shape of the user (see lines 1-43, column 4, as bag 24 with beads 26 assumes shape of the patient, the bag with beads must flex and conform to the patient before vacuum/evacuation), and wherein the first pouch comprises an airtight material and, responsive to a vacuum source applied to the first compartment, the first pouch resists flexing to fix the first set of beads within the first compartment to maintain a shape of the bead-based pad.
Regarding claim 3, the first pouch (24) comprises at least an upper layer (top surface) and a lower layer (bottom surface) defining the first compartment between the upper layer and the lower layer, the upper layer comprising the covering.
Regarding claim 5, note the bead-based pad further comprises a flexible second pouch (bag 22) defining a second compartment separate from the first compartment and a second set of beads movable within the second compartment.
Regarding claim 6, note that responsive to the user sitting at the seat assembly, the second pouch resists flexing to a different degree than the first pouch. Note that the second pouch resists flexing rearwardly, while the first pouch resists flexing downwardly. These degrees of flexing are realized when a user sits upon the seat assembly.
Regarding claim 7, note the beads of the first set of beads comprise at least one selected from the group consisting of (i) a sphere shape, (ii) an oval shape, (iii) a bean shape, (iv) a coffee bean shape, and (v) an irregular shape (see Figure 12A).
Regarding claim 10, note a fluidic material (air) is disposed within the first compartment and at least partially between respective beads of the first set of beads. Note “pressure of 25 inches of Hg”, as discussed in lines 35-36 of column 4.
The secondary reference teaches providing a bead-based cushion pad with a covering (59b) comprising a flexible exterior surface to receive a user thereon. Note that the covering is exterior to upper and lower layers (59a) of the pad. See Figures 3 and 9.
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 a covering comprising a flexible exterior surface. This modification conventionally enhances durability and aesthetics of the assembly.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Netznik (US4525130) in view of Morrell et al (US4171549), as applied to claim 1 above, and further in view of either Gates (US6457773) or Flaum et al (US4179158).
The primary reference, as modified above, shows all claimed features of the instant invention with the exception of the cushion further comprises a foam pad, the bead-based pad disposed between the foam pad and the covering.
Gates teaches providing a cushion as comprising a bead-based pad (see lines 23-24, col.4) disposed between a foam pad (14) and a covering (30). See Figure 4.
Flaum et al teaches providing a cushion as comprising a bead-based pad (11a, 18) disposed between a foam pad (17) and a covering (outer layer). See the front cover drawing.
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 either Gates or Flaum et al by adding a foam pad, wherein the bead-based pad is disposed between the foam pad and the covering. This modification enhances user support and comfort.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Netznik (US4525130) in view of Morrell et al (US4171549).
Netznik, as modified above, shows all claimed features of the instant invention with the exception of the first set of beads having a coefficient of friction that is less than 0.15.
Netznik, as modified above, provides his beads with a low coefficient of friction in order for contouring of the assembly about a user. Note the abstract.
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 Netznik by substituting beads having a coefficient of friction that is less than 0.15 for the provided beads. Either would perform equally as well to provide contouring around a user, and the choice in the coefficient of friction is merely a design consideration. This modification is representative of simple substitution of one known element for another to obtain predictable results.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Netznik (US4525130) in view of Morrell et al (US4171549), as applied to claim 1 above, and further in view of Lacy (US11432660).
Netznik, as modified above, shows all claimed features of the instant invention with the exception of the beads of the first set of beads have a diameter that is between 0.6 millimeters and 3 millimeters.
Lacy teaches configuring a seating assembly with beads that have a diameter of 1-10 millimeters in diameter (i.e. between 0.6 millimeters and 3 millimeters). See line 12 in column 7.
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 Lacy by substituting beads having a diameter of between 0.6 millimeters and 3 millimeters for the beads of the primary reference. The modification provides an alternate, equivalent bead size in terms of the diameter, wherein either performs equally as well as the other. The choice in bead size is merely a design consideration.
Claim(s) 11, 12, 14 and 15, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 103 as being unpatentable over Netznik (US4525130) in view of Morrell et al (US4171549) and either Gates (US6457773) or Flaum et al (US4179158).
The primary reference shows all claimed features of the instant invention with the exception of a covering comprising a flexible exterior surface configured to receive a user sitting at the seat assembly, and the cushion comprising a foam pad wherein the bead-based pad is disposed between the foam pad and the covering.
In the primary reference, note the description of features with regards to the rejections above.
Morrell et al teaches providing a bead-based cushion pad with a covering (59b) comprising a flexible exterior surface to receive a user thereon. Note that the covering is exterior to upper and lower layers (59a) of the pad. See Figures 3 and 9.
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 a covering comprising a flexible exterior surface. This modification conventionally enhances durability and aesthetics of the assembly.
Gates teaches providing a cushion as comprising a bead-based pad (see lines 23-24, col.4) disposed between a foam pad (14) and a covering (30). See Figure 4.
Flaum et al teaches providing a cushion as comprising a bead-based pad (11a, 18) disposed between a foam pad (17) and a covering (outer layer). See the front cover drawing.
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 either Gates or Flaum et al by adding a foam pad, wherein the bead-based pad is disposed between the foam pad and the covering. This modification enhances user support and comfort.
Claim(s) 16, 18, and 19, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 103 as being unpatentable over Netznik (US4525130) in view of Morrell et al (US4171549).
The primary reference shows all claimed features of the instant invention with the exception of a covering comprising a flexible exterior surface configured to receive a user sitting at the seat assembly.
In the primary reference, note the description of features with regards to the rejections above. Additionally note the vehicle (wheelchair, as discussed in the second paragraph of column 1).
Morrell et al teaches providing a bead-based cushion pad with a covering (59b) comprising a flexible exterior surface to receive a user thereon. Note that the covering is exterior to upper and lower layers (59a) of the pad. See Figures 3 and 9.
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 a covering comprising a flexible exterior surface. This modification conventionally enhances durability and aesthetics of the assembly.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Netznik (US4525130) in view of Morrell et al (US4171549) and either Gates (US6457773) or Flaum et al (US4179158).
The primary reference, as modified above, shows all claimed features of the instant invention with the exception of a foam pad wherein the bead-based pad is disposed between the foam pad and the covering.
Gates teaches providing a cushion as comprising a bead-based pad (see lines 23-24, col.4) disposed between a foam pad (14) and a covering (30). See Figure 4.
Flaum et al teaches providing a cushion as comprising a bead-based pad (11a, 18) disposed between a foam pad (17) and a covering (outer layer). See the front cover drawing.
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 either Gates or Flaum et al by adding a foam pad, wherein the bead-based pad is disposed between the foam pad and the covering. This modification enhances user support and comfort.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Netznik (US4525130) in view of Morrell et al (US4171549).
Netznik, as modified above, shows all claimed features of the instant invention with the exception of the first set of beads having a coefficient of friction that is less than 0.15.
Netznik, as modified above, provides his beads with a low coefficient of friction in order for contouring of the assembly about a user. Note the abstract.
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 Netznik by substituting beads having a coefficient of friction that is less than 0.15 for the provided beads. Either would perform equally as well to provide contouring around a user, and the choice in the coefficient of friction is merely a design consideration. This modification is representative of simple substitution of one known element for another to obtain predictable results.
Response to Amendment/Arguments
Applicant’s response filed March 9, 2026 has been fully considered. Remaining issues are described above.
The indication of allowable subject matter in previously filed claims 4 and 13 has withdrawn in view of the newly discovered reference(s) to Netznik (US4525130). Rejections based on the newly cited reference(s) have been provided.
Conclusion
This Office action has not been made final as it includes new grounds of rejection not necessitated by amendment.
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mn /MILTON NELSON JR/April 14, 2026 Primary Examiner, Art Unit 3636
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