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.
Claim 6 is 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 6 recites the limitation "the pair of output portions provided to be spaced apart in the leftward-and-rightward direction" in lines 1-3. There is insufficient antecedent basis for this limitation in the claim. While this would appear to refer to the pair of output portions introduced in claim 5, the language describing the portions differs somewhat from that recitation causing the indefiniteness.
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, 2, 4-6, 8, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scott et al. (US Patent Number 10562426) in view of Oswald (US Patent Application Publication Number 2017/0251287).
Regarding claim 1, Scott discloses a headrest having a speaker (see Figures 8-12 and/or 19-21 showing headrests 20’, 20’’, 20’’’’, etc. with speakers 32’, 32A’, etc.), the headrest comprising: a headrest frame (at least a main body thereof) having a rear surface to which a driving module (74A, 112, etc.) is coupled so that the headrest frame is movable forwards, rearwards, or vertically in response to operation of the driving module (the arrangement of Figures 8-12 at least provides forward/rearward motion, while that of Figures 19-21 provides vertical motion), the headrest frame having a front surface formed with a speaker mounting space recessed rearwards (this is the general arrangement; see at least Figure 9 as well as Figure 6 showing a generic speaker mount); a speaker (32’, 32A’, etc.), inserted and fastened into the speaker mounting space in the headrest frame, provided with an output portion facing forwards and configured to output sound (this would be the general arrangement; see again figures noted above), the speaker having a rear side closed by the headrest frame (see at least Figures 6 and 8-10, etc.); and a headrest stay (see figures; labeled 25” at least in some embodiments) configured to connect the headrest frame to a seat (as in Figures 10, 19, etc.), wherein the speaker mounting space is provided as a pair of speaker mounting spaces spaced apart in a leftward-and-rightward direction in the headrest frame, and is recessed further rearwards than the speaker so as to serve as a sound box of the speaker (see again at least Figures 6, 9, etc.), wherein the driving module is provided in a driving module mounting space (at 22A’, 22”, etc.) formed in a rear surface of the headrest frame between the pair of speaker mounting spaces, and interconnects the headrest frame with the headrest stay so as to move the headrest forwards, rearwards, or vertically (this is the general arrangement; see figures as noted above). Scott does not disclose a foam pad or details of a cover. Oswald discloses a related device including a foam pad (at least a front and side portion of 210; see at least paragraph 46 disclosing foam) mounted on the front surface of a headrest frame so as to cover both the headrest frame and a speaker, the foam pad having formed therein a first through hole (300) configured to output sound forwards at a position corresponding to an output portion of the speaker; and a covering (212) configured to cover a front surface of the foam pad and forming a front exterior of the headrest. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a foam pad and cover as taught by Oswald in Scott’s device because this could improve user comfort and safety.
Regarding claim 2, Scott, modified as described, discloses a headrest as explained above but does not disclose details of the pad. Oswald further discloses the foam pad has a front side formed with an indent indented inwards (along edges forming 1000), and the headrest further comprises a slab pad (400) seated in the indent of the foam pad so as to be coupled to the foam pad (see Figures 7B, 8, etc.), the slab pad having formed therein a plurality of second through holes arranged radially at a position corresponding to the first through hole, wherein each second through hole has a smaller diameter than the first through hole (see Figure 4A for instance showing an arrangement of second holes in member 400, the holes smaller than hole 300 and at least some arranged radially as claimed). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide details as taught by Oswald in Scott’s device because this could improve performance and comfort for a variety of users.
Regarding claim 4, Scott, modified as described, discloses a headrest as explained above but does not disclose a sound absorption pad. Oswald further discloses a sound absorption pad (of 210 or 1002) acting as a shield between the speaker and the headrest frame so as to prevent sound leakage (see paragraph 64 describing sound leakage prevention by member 210 and paragraph 71 describing such function by member 1002). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide details as taught by Oswald in Scott’s device because this could improve performance and comfort for a variety of users.
Regarding claim 5, Scott, modified as described, further discloses the output portion of the speaker is provided as a pair of output portions spaced apart in a leftward-and-rightward direction in the headrest frame, and the first through hole is provided as a pair of first through holes so as to correspond to the pair of output portions (this is the general arrangement with a pair of output portions/speakers provided; see figures and note that the speakers themselves could be together viewed as “the speaker” with separate output portions).
Regarding claim 6, Scott, modified as described, further discloses the pair of output portions provided to be spaced apart in the leftward-and-rightward direction is integrated in the speaker, and the speaker is mounted in the headrest frame in a form extending in vertical and horizontal directions (this is the general arrangement; see figures).
Regarding claim 8, Scott, modified as described, further discloses the speaker is mounted in a lower portion of the headrest frame and has the output portion positioned in a lower front portion of the headrest frame (see figures; the components are viewed as arranged in this manner).
Regarding claim 10, Scott, modified as described, further discloses a headrest cover (of 22A’, 22”, etc.) coupled to a rear surface of the headrest frame so as to enclose the driving module and configured to block rearward output of sound from the speaker (it would function in this manner).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scott in view of Oswald and further in view of Subat (US Patent Number 9327628). Scott, modified as described, discloses a headrest as explained above including the covering having a front side that would apparently be formed with cover holes (Oswald’s cover is described as a fabric and acoustically transparent; see paragraphs 46 and 49), but may not clearly disclose holes as claimed. Subat discloses a related device including a front cover (316) with cover holes (314) arranged in a predetermined pattern including a gradation pattern or a radial pattern. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide cover holes as taught by Subat in Scott’s device as previously modified to ensure full and proper sound transmission to enhance user experience. Note that while the combination is viewed as providing the holes shaped and arranged as claimed based on the reference devices (i.e. smaller relative diameter), even if this were not clearly the case, changes in size, shape, and arrangement require only routine skill in the art. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the shapes and arrangements claimed based on normal variation to improve sound transmission and appearance to further enhance user experience.
Claim(s) 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scott in view of Oswald and further in view of Groleau et al. (US Patent Number 10721554) and/or Kakishima et al. (US Patent Number 10569685). Scott, modified as described, discloses a headrest as explained above but does not disclose wiring details. Groleau and Kakishima disclose related devices including components provided with connectors penetrating frames and extending so as to allow electrical signals and power to be applied thereto, and headrest connectors having terminals, the terminals being coupled into the headrest connectors and connected to an electric wire inserted into headrest stays, such that the electric wire is coupled to an end of the headrest stay via the terminal so as to be connectable from outside the headrest stay (see figures of both Groleau and Kakishima showing these general arrangements). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide wiring arrangements as taught by Groleau and/or Kakshima in Scott’s device as previously modified to ensure full and proper operation to enhance user experience and comfort. Note that while the combination is viewed as providing the components arranged as claimed based on the reference devices, even if this were not clearly the case, changes in size, shape, and arrangement require only routine skill in the art. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the shapes and arrangements claimed based on normal variation to improve sound transmission and appearance to further enhance user experience.
Conclusion
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/PHILIP F GABLER/Primary Examiner, Art Unit 3636