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 .
Allowable Subject Matter
Claim 17 is 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.
The following is a statement of reasons for the indication of allowable subject matter: the aforementioned claim sets forth a series of physical structures/configurations that are well beyond that which is disclosed within the Kortwig and Ishii references (discussed in greater depth infra), which represents the prior art combination closest to Applicant’s claimed invention, and there would be no obvious reason to modify Kortwig and Ishii to the extent necessary to satisfy each of Applicant’s pertinent limitations (specifically with regard to the claimed heater wire being used in lieu of a blind stitching thread and providing additional stitching around the heater wire in such a manner that the heater wire extends through stitching loops of other blind stitching threads), as such modifications would be likely to render the Kortwig and Ishii assemblies incapable of continuing to operate/behave in the particular manners set forth within the references themselves (given the particularly sensitive nature of such wire-based vehicle seat heater assemblies), which would be strongly indicative of an application of improper hindsight reasoning.
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 4, 8, 14 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.
The claim 4 recitation of “the foam seat cushion includes a heater wire” is unclear, as it is unknown whether this is intended to refer to the heater wire recited in independent claim 1, or a new secondary heater wire. Exactly what structure/configuration is sought? Please review/revise/clarify.
The claims 8 and 18 recitations of “a predetermined level” render the exact scope of the respective claims unclear. Exactly what is this “predetermined level”? Note that the exact extent of the claimed “level” will determine which materials may be utilized. Please review/revise/clarify.
The claim 14 recitation of “the method includes forming a heater wire” is unclear, as it is unknown whether this is intended to refer to the heater wire recited in independent claim 11, or a new secondary heater wire. Exactly what structure/configuration is sought? Please review/revise/clarify.
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.
Claims 1-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2013/0249258 to Kortwig (“Kortwig”) in view of U.S. Patent Application Publication No. 2009/0051196 to Ishii et al. (“Ishii”).
Regarding claim 1, Kortwig discloses an assembly (e.g. assembly shown in figs. 6-7 and discussed at para. 25) comprising: i) a foam (para. 11) seat cushion (26, as shown in figs. 6-7 and discussed at para. 25); and ii) a heater wire (22, as shown in figs. 6-7 and discussed at para. 25) attached directly onto (figs. 6-7) one side (e.g. surface 50, as shown in figs. 6-7 and discussed at para. 25) of the foam seat cushion (26).
Kortwig does not disclose the heater wire (22) specifically being sewn onto the foam seat cushion (26).
Ishii teaches the concept of sewing (para. 57) a heater wire (e.g. electrodes 3A and 3B, as shown in figs. 1A-1B) onto (figs. 1A-B) a cushion (e.g. substrate 2, as shown in figs. 1A-1B and discussed at para. 57; per para. 95, substrate 2 may be a cushion).
Given that Kortwig and Ishii both concern the incorporation of heating wires into vehicle seat assemblies, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply the Ishii sewing teaching to the Kortwig pairing of heater wire 22 to the upper surface 50 of cushion 26, in order to provide the benefit of yielding a resultant assembly in which the Kortwig heater wire 22 is more securely attached to the seat and less likely to unintentionally shift as occupants enter or exit the vehicle.
Regarding claim 2, Kortwig in view of Ishii discloses the assembly of claim 1, wherein the heater wire (Kortwig 22) and stitching (e.g. Ishii thread 3C, as shown in fig. 1B) associated with (see the modification set forth in the rejection of claim 1, supra) the heater wire (Kortwig 22) are entirely located on (see the modification set forth in the rejection of claim 1, supra) the one side (Kortwig 50) of the foam seat cushion (Kortwig 26).
Regarding claim 3, Kortwig in view of Ishii discloses the assembly of claim 2, wherein the one side (Kortwig 50) of the foam seat cushion (Kortwig 26) comprises a first side (Kortwig figs. 6-7; note that this surface 50 may be designated an upper “first” side) and wherein the foam seat cushion (Kortwig 26) includes a second side (Kortwig figs. 6-7; note that the lower surface opposite to surface 50 may be designated a lower “second” side) opposite from (Kortwig figs. 6-7) the first side (aforementioned Kortwig upper “first” side), and wherein the second side (aforementioned Kortwig lower “second” side) is free from (see the modification set forth in the rejection of claim 1, supra) stitching (Ishii 3C) associated with (see the modification set forth in the rejection of claim 1, supra) the heater wire (Kortwig 22).
Regarding claim 4 Kortwig in view of Ishii discloses the assembly of claim 1, wherein: i) the one side (Kortwig 50) of the foam seat cushion (Kortwig 26) comprises a first side (Kortwig figs. 6-7; note that this surface 50 may be designated an upper “first” side); ii) the foam seat cushion (Kortwig 26) includes a second side (Kortwig figs. 6-7; note that the lower surface opposite to surface 50 may be designated a lower “second” side) opposite from (Kortwig figs. 6-7) the first side (aforementioned Kortwig upper “first” side); iii) the foam seat cushion (Kortwig 26) has an overall thickness (e.g. depth dimension of Kortwig cushion 26, as shown in figs. 6-7) extending from the first side (aforementioned Kortwig upper “first” side) to the second side (aforementioned Kortwig lower “second” side); and iv) the foam seat cushion (Kortwig 26) includes a heater wire (Kortwig 22) and stitching zone thickness (e.g. depth to which Ishii thread 3C extends into Kortwig cushion 26, pursuant to the modification set forth in rejection of claim 1, supra) starting from the first side (aforementioned Kortwig upper “first” side), the heater wire (Kortwig 22) and stitching zone thickness (aforementioned depth to which Ishii thread 3C extends into Kortwig cushion 26) being less than (see the modification set forth in the rejection of claim 1, supra) the overall thickness (aforementioned depth dimension of Kortwig cushion 26).
Regarding claim 5, Kortwig in view of Ishii discloses the assembly of claim 1, wherein stitching (Ishii 3C) associated with (see the modification set forth in the rejection of claim 1, supra) the heater wire (Kortwig 22) is within a 10 mm depth (note that pursuant to the modification set forth within the rejection of claim 1, supra, the Ishii thread 3C is sewed into the Kortwig upper surface 50 of cushion 26) from an outer surface (e.g. upper surface, as shown in Kortwig figs. 6-7) of the one side (Kortwig 50) of the foam seat cushion (Kortwig 26).
Regarding claim 6, Kortwig in view of Ishii discloses the assembly of claim 1, wherein stitching (Ishii 3C) associated with (see the modification set forth in the rejection of claim 1, supra) the heater wire (Kortwig 22) comprises blind stitching (per Kortwig para. 30, stitching techniques may be employed as desired).
Regarding claim 7 Kortwig in view of Ishii discloses the assembly of claim 6, wherein the blind stitching (aforementioned Kortwig desired stitching techniques) comprises the heater wire (Kortwig 22) extending through (see Ishii fig. 1B in view of the modification set forth in the rejection of claim 1, supra) stitching loops (e.g. loops of Ishii thread 3C, as shown in fig. 1B).
Regarding claim 8, Kortwig in view of Ishii discloses the assembly of claim 6, including a tunnel (e.g. trench between Kortwig layer 54 and cushion 26 within which heater wire 22 sits, as shown in fig. 7) attached to (Kortwig fig. 7) the one side (Kortwig 50) of the foam seat cushion (Kortwig 26) along a designated wire path (compare Kortwig figs. 2 and 6-7), the tunnel (aforementioned trench between Kortwig layer 54 and cushion 26 within which heater wire 22 sits) formed from a material having heat conductive properties above a predetermined level (per Kortwig para. 11, heater wire 22 is used to heat a portion of seat assembly 10), and wherein the heater wire (Kortwig 22) is located within (Kortwig figs. 6-7) the tunnel (aforementioned trench between Kortwig layer 54 and cushion 26 within which heater wire 22 sits).
Regarding claim 9, Kortwig in view of Ishii discloses the assembly of claim 1, wherein the foam seat cushion (Kortwig 26) comprises a single-piece (Kortwig figs. 6-7) foam body (Kortwig para. 11) having scrim material (e.g. Kortwig layer 54) on (Kortwig fig. 7) the one side (Kortwig 50), and wherein the heater wire (Kortwig 22) is directly sewn to (see the modification set forth in the rejection of claim 1, supra) the scrim material (Kortwig 54).
Regarding claim 10, Kortwig in view of Ishii discloses the assembly of claim 9, including a trim cover (e.g. Kortwig layer 52, as shown in fig. 7 and discussed at para. 24) attached to (Kortwig fig. 7) the foam seat cushion (Kortwig 26) over (Kortwig fig.7) the scrim material (Kortwig 54) and forming (e.g. at least in part, as shown in Kortwig fig. 7) a trim cover module (e.g. Kortwig trim cover assembly 24, as shown in fig. 7 and discussed at para. 24).
Regarding claim 11, Kortwig discloses a method (para. 2) comprising: attaching (figs. 6-7) a heater wire (22, as shown in figs. 6-7 and discussed at para. 25) directly to (figs. 6-7) one side (e.g. surface 50, as shown in figs. 6-7 and discussed at para. 25) of a foam (para. 11) seat cushion (26, as shown in figs. 6-7 and discussed at para. 25).
Kortwig does not disclose the heater wire (22) specifically being sewn onto the foam seat cushion (26).
Ishii teaches the concept of sewing (para. 57) a heater wire (e.g. electrodes 3A and 3B, as shown in figs. 1A-1B) onto (figs. 1A-B) a cushion (e.g. substrate 2, as shown in figs. 1A-1B and discussed at para. 57; per para. 95, substrate 2 may be a cushion).
For the reasons set forth in the rejection of claim 1, supra, it would have been obvious to apply the Ishii sewing teaching to the Kortwig pairing of heater wire 22 to the upper surface 50 of cushion 26.
Regarding claim 12, Kortwig in view of Ishii discloses the method of claim 11, including locating an entirety (see the modification set forth in the rejection of claim 11, supra) of the heater wire (Kortwig 22) and stitching (e.g. Ishii thread 3C, as shown in fig. 1B) associated with (see the modification set forth in the rejection of claim 11, supra) the heater wire (Kortwig 22) on the one side (Kortwig 50) of the foam seat cushion (Kortwig 26).
Regarding claim 13, Kortwig in view of Ishii discloses the method of claim 11, wherein the one side (Kortwig 50) of the foam seat cushion (Kortwig 26) comprises a first side (Kortwig figs. 6-7; note that this surface 50 may be designated an upper “first” side) and wherein the foam seat cushion (Kortwig 26) includes a second side (Kortwig figs. 6-7; note that the lower surface opposite to surface 50 may be designated a lower “second” side) opposite from (Kortwig figs. 6-7) the first side (aforementioned Kortwig upper “first” side), and including maintaining the second side (aforementioned Kortwig lower “second” side) free from (see the modification set forth in the rejection of claim 11, supra) stitching (e.g. Ishii thread 3C, as shown in fig. 1B) associated with (see the modification set forth in the rejection of claim 11, supra) the heater wire (Kortwig 22).
Regarding claim 14, Kortwig in view of Ishii discloses the method of claim 11, wherein: i) the one side (Kortwig 50) of the foam seat cushion (Kortwig 26) comprises a first side (Kortwig figs. 6-7; note that this surface 50 may be designated an upper “first” side); ii) the foam seat cushion (Kortwig 26) includes a second side (Kortwig figs. 6-7; note that the lower surface opposite to surface 50 may be designated a lower “second” side) opposite from (Kortwig figs. 6-7) the first side (aforementioned Kortwig upper “first” side); iii) the foam seat cushion (Kortwig 26) has an overall thickness (e.g. depth dimension of Kortwig cushion 26, as shown in figs. 6-7) extending from the first side (aforementioned Kortwig upper “first” side) to the second side (aforementioned Kortwig lower “second” side); and iv) the method includes forming a heater wire (Kortwig 22) and stitching zone thickness (e.g. depth to which Ishii thread 3C extends into Kortwig cushion 26, pursuant to the modification set forth in rejection of claim 11, supra) starting from the first side (aforementioned Kortwig upper “first” side) and terminating before reaching (see the modification set forth in the rejection of claim 11, supra) the second side (aforementioned Kortwig lower “second” side) such that the heater wire (Kortwig 22) and stitching zone thickness (aforementioned depth to which Ishii thread 3C extends into Kortwig cushion 26) is less than (see the modification set forth in the rejection of claim 11, supra) the overall thickness (aforementioned depth dimension of Kortwig cushion 26).
Regarding claim 15, Kortwig in view of Ishii discloses the method of claim 11, including stitching the heater wire (Kortwig 22) within a 10 mm depth (note that pursuant to the modification set forth within the rejection of claim 1, supra, the Ishii thread 3C is sewed into the Kortwig upper surface 50 of cushion 26) from an outer surface (e.g. upper surface, as shown in Kortwig figs. 6-7) of the one side (Kortwig 50) of the foam seat cushion (Kortwig 26).
Regarding claim 16, Kortwig in view of Ishii discloses the method of claim 11, including blind stitching (per Kortwig para. 30, stitching techniques may be employed as desired) the heater wire (Kortwig 22) to the one side (Kortwig 50) of the foam seat cushion (Kortwig 26).
Regarding claim 18, Kortwig in view of Ishii discloses the method of claim 16, including: i) providing a tunnel material (e.g. Kortwig layer 54, as shown in fig. 7) having heat conductive properties above a predetermined level (per Kortwig para. 11, heater wire 22 is used to heat a portion of seat assembly 10); ii) attaching a tunnel (e.g. trench between Kortwig layer 54 and cushion 26 within which heater wire 22 sits, as shown in fig. 7) formed from (Kortwig fig. 7) the tunnel material (Kortwig 54) to the one side (Kortwig 50) of the foam seat cushion (Kortwig 26) along a designated wire path (compare Kortwig figs. 2 and 6-7); and iii) subsequently feeding (compare Kortwig figs. 2 and 6-7) the heater wire (Kortwig 22) through the tunnel (aforementioned trench between Kortwig layer 54 and cushion 26 within which heater wire 22 sits) along the designated wire path (compare Kortwig figs. 2 and 6-7).
Regarding claim 19, Kortwig in view of Ishii discloses the method of claim 11, wherein the foam seat cushion (Kortwig 26) comprises a single-piece (Kortwig figs. 6-7) foam body (Kortwig para. 11) having scrim material (e.g. Kortwig layer 54) on (Kortwig fig. 7) the one side (Kortwig 50), and including directly sewing (see the modification set forth in the rejection of claim 11, supra) the heater wire (Kortwig 22) to the scrim material (Kortwig 54).
Regarding claim 20, Kortwig in view of Ishii discloses the method of claim 19, including attaching (Kortwig fig. 7) a trim cover (e.g. Kortwig layer 52, as shown in fig. 7 and discussed at para. 24) to the foam seat cushion (Kortwig 26) over (Kortwig fig.7) the scrim material (Kortwig 54) and forming (e.g. at least in part, as shown in Kortwig fig. 7) a trim cover module (e.g. Kortwig trim cover assembly 24, as shown in fig. 7 and discussed at para. 24).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637