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 .
Election/Restrictions
Applicant’s election without traverse of group I (claims 1-17) in the reply filed on April 30, 2026 is acknowledged. Claims 18-20 have therefore been withdrawn.
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 1-17 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
Claims 1 and 11 contain the limitation “the respective inlets to the respective outlets of the second plurality of rows” in line 8 of claim 1 and lines 13-14 of claim 11. There is insufficient antecedent basis for this limitation in the claim. Claims 2-10 and 12-17 are additionally rejected by virtue of their dependence on claims 1 and 11, respectively.
Claims 1 and 11 contain the limitation “and the one of the second plurality of rows” in lines 11-12 of claim 1 and line 19 of claim 11. It is unclear which one of the second plurality of rows is being referred to. For examination purposes, it is assumed the claim was intended to read “and one of the second plurality of rows.” Claims 2-10 and 12-17 are additionally rejected by virtue of their dependence on claims 1 and 11, respectively.
A single claim which contains both an apparatus and the method steps of using the apparatus is considered indefinite under 35 U.S.C. 112(b). This is because it creates confusion as to when infringement would occur, when one creates an apparatus capable of performing the claimed method steps or when the claimed method steps are actually performed. See MPEP 2173.05(p)(II) and In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011). For examination purposes, it is assumed that the claims were intended to claim that the system and parts thereof are configured to perform the claimed method steps. The following claims contain method steps and are therefore indefinite:
Claim 1 contains the method steps “the first column preventing fluid from flowing” in lines 3-4, “the second column preventing fluid from flowing” in line 7, and “the shared inlet valve modulating fluid flow” in lines 10-11. Claims 2-10 are additionally rejected by virtue of their dependence from claim 1.
Claim 2 contains the method steps “the third column preventing fluid from flowing” in lines 3-4 and “the shared inlet valve modulating fluid flow” in line 5.
Claim 7 contains the method step “the second shared inlet valve modulating fluid flow” in line 3. Claims 8-10 are additionally rejected by virtue of its dependence from claim 7.
Claim 8 contains the method steps “the third valve modulating fluid flow” in lines 2-3 and “the fourth valve modulating fluid flow” in lines 4-5. Claims 9-10 are additionally rejected by virtue of its dependence from claim 7.
Claim 9 contains the method steps “the third column preventing fluid from flowing” in lines 3-4, “the shared inlet valve modulates fluid flow” in lines 5-6, “the second shared inlet valve modulates fluid flow” in lines 6-7 and “the fifth valve modulating fluid flow” in lines 8-9.
Claim 10 contains the method step “the third shared inlet valve modulating fluid flow” in line 3.
Claim 11 contains the method steps “a valve system modulating fluid” in line 4, “the first column preventing fluid from flowing” in line 8, “the second column preventing fluid from flowing” in lines 12-13, and “the shared inlet valve modulating fluid flow” in line 18. Claims 12-17 are additionally rejected by virtue of their dependence from claim 11.
Claim 12 contains the method step “a pump moving the fluid through the valve system” in line 2.
Claim 14 contains the method step “the second shared inlet valve modulating fluid flow” in line 3. Claims 15-17 are additionally rejected by virtue of their dependence from claim 14.
Claim 15 contains the method steps “the third valve modulating fluid flow” in lines 2-3 and “the fourth valve modulating fluid flow” in lines 4-5. Claims 16-17 are additionally rejected by virtue of their dependence from claim 15.
Claim 16 contains the method steps “the third column preventing fluid from flowing” in lines 3-4, “the shared inlet valve modulates fluid flow” in lines 5-6, “the second shared inlet valve modulates fluid flow” in lines 6-7 and “the fifth valve modulating fluid flow” in lines 8-9.
Claim 17 contains the method step “the third shared inlet valve modulating fluid flow” in line 3.
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 1-2, 5, 7-12, 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Marappan (U.S. Publication No. 2017/0049244) in view of Jansen (U.S. Patent No. 7,444,703).
Regarding claim 1, Marappan discloses a system 100, comprising: a first group of sheets providing a first plurality of rows 103, and a first column 102 transverse to the first plurality of rows 103 (see annotated Figure 1A, below), the first column 102 preventing fluid from flowing from one respective end to another respective end of the first plurality of rows 103 when the first column 102 is filled with fluid (paragraph 0030 and Figure 2D, where column 202, transverse to row 203, is filled with high pressure, and row 203 is filled with a low pressure, resulting in increased pressure on row 203 where column 202 overlaps it); a second group of sheets providing a second plurality of rows 104 and a second column 101 transverse to the second plurality of rows 104 (see annotated Figure 1A, below), the second column preventing fluid from flowing from the respective inlets to the respective outlets of the second plurality of rows when the second column 101 is filled with fluid (paragraph 0030 and Figure 2D, where column 201, transverse to row 204, is filled with high pressure, and row 204 is filled with a low pressure, resulting in increased pressure on row 204 where column 201 overlaps it); and a shared inlet pressure source 110 provided at an inlet of one of the first plurality of rows 103, the shared inlet pressure source 110 modulating fluid flow into the one of the first plurality of rows 103 and the one of the second plurality of rows 104 (Figure 1A, and paragraphs 0018-0019 and 0023).
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Marappan does not disclose the first plurality of rows each having an inlet and an outlet, the second plurality of rows each having an inlet and an outlet; and a shared inlet valve provided at an inlet of one of the first plurality of rows, the shared inlet valve modulating fluid flow into the one of the first plurality of rows and the one of the second plurality of rows.
Jansen teaches the first plurality of rows each having an inlet and an outlet (see annotated Figure 3, below); the second plurality of rows each having an inlet and an outlet (see annotated Figure 3, below) and a shared inlet valve 15 provided at an inlet of one of the first plurality of rows 13, the shared inlet valve 15 modulating fluid flow into the one of the first plurality of rows 13 and the one of the second plurality of rows 13 (Figure 2 and Col. 4, lines 29-47).
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It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Marappan with Jansen (both being directed to inflatable cushions) and arrived at the first and second plurality of rows each having an inlet and an outlet; and a shared inlet valve provided at an inlet of one of the first plurality of rows, the shared inlet valve modulating fluid flow into the one of the first plurality of rows and the one of the second plurality of rows. One of ordinary skill in the art would have been motivated to do so because the valves of Jansen allows for the pressure of the plurality of rows to be adjusted (Col. 4, lines 29-65).
Regarding claim 2, Marappan, as modified, discloses the subject matter as discussed above with regard to claim 1. Marappan, as modified, further discloses a third group of sheets 103 and 104 providing a third plurality of rows and a third column 101 transverse to the third plurality of rows 103 and 104 (see annotated Figure 1A, above), the third column 101 preventing fluid from flowing from the respective inlets to the respective outlets of the third plurality of rows 103 and 104 when the third column 101 is filled with fluid (see Marappan, paragraph 0030 and Figure 2D, where column 201, transverse to row 204, is filled with high pressure, and row 204 is filled with a low pressure, resulting in increased pressure on row 204 where column 201 overlaps it), the shared inlet valve 15 modulating fluid flow into the one of the third plurality of rows 13 (see Jansen, Figure 2 and Col. 4, lines 29-47).
Regarding claim 5, Marappan, as modified, discloses the subject matter as discussed above with regard to claim 1. Marappan, as modified, further discloses wherein the first plurality of rows 103 includes at least three rows 103 (see Marappan, annotated Figure 1A, above).
Regarding claim 7, Marappan, as modified, discloses the subject matter as discussed above with regard to claim 1. Marappan, as modified, further discloses a second shared inlet valve 16 provided at an inlet of a second of the first plurality of rows 13, the second shared inlet valve modulating fluid flow into the second of the first plurality of rows 13 and the second of the second plurality of rows 13 (see Jansen, annotated Figure 3, above and Col. 4, lines 48-57).
Regarding claim 8, Marappan, as modified, discloses the subject matter as discussed above with regard to claims 1 and 7. Marappan, as modified, further discloses a third valve 16 provided at an inlet of the first column 13, the third valve 16 modulating fluid flow into the first column 13; and a fourth valve 16 provided at an inlet of the second column 13, the fourth valve 16 modulating fluid flow into the second column (see Jansen, annotated Figure 3, above and Col. 4, lines 48-57, and see Col. 3, line 58-Col. 4, line 14, where both layers 11 and 12 are formed of the same tubing 13, but rotated 90 degrees relative to each other, such that the tubing 13 of layer 12 forms columns and the tubing 13 of 11 forms rows, such that valves 16 on the tubing 13 of layer 12 would define at least the third and fourth valves).
Regarding claim 9, Marappan, as modified, discloses the subject matter as discussed above with regard to claims 1 and 7-8. Marappan, as modified, further discloses a third group of sheets 103 and 104 providing a third plurality of rows and a third column 101 transverse to the third plurality of rows 103 and 104 (see annotated Figure 1A, above), the third column 101 preventing fluid from flowing from the respective inlets to the respective outlets of the third plurality of rows 103 and 104 when the third column 101 is filled with fluid (see Marappan, paragraph 0030 and Figure 2D, where column 201, transverse to row 204, is filled with high pressure, and row 204 is filled with a low pressure, resulting in increased pressure on row 204 where column 201 overlaps it), wherein the shared inlet valve 15 modulates fluid flow into the one of the third plurality of rows 13 (see Jansen, Figure 2 and Col. 4, lines 29-47); second shared inlet valve 16 provided at an inlet of a second of the first plurality of rows 13, the second shared inlet valve modulating fluid flow into the second of the first plurality of rows 13 and the second of the second plurality of rows 13 (see Jansen, annotated Figure 3, above and Col. 4, lines 48-57).
Regarding claim 10, Marappan, as modified, discloses the subject matter as discussed above with regard to claims 1 and 7-8. Marappan, as modified, further discloses a third shared inlet valve 16 provided at an inlet of a third of the first plurality of rows 13, the third shared inlet valve 16 modulating fluid flow into the third of the first plurality of rows 13 and the third of the second plurality of rows 13 (see Jansen, annotated Figure 3, above and Col. 4, lines 48-57).
Regarding claim 11, Marappan discloses a system, comprising: a vehicle seat (paragraphs 0006 and 0015); a plurality of bladders 101, 102, 103, 104 disposed within the vehicle seat (paragraph 0006); the system comprising: a first group of layered sheets 102 and 102 providing a first plurality of rows 103, and a first column 102 transverse to the first plurality of rows (see annotated Figure 1A, above), the first column 102 preventing fluid from flowing from one respective end to another respective end of the first plurality of rows 103 when the first column 102 is filled with fluid (paragraph 0030 and Figure 2D, where column 202, transverse to row 203, is filled with high pressure, and row 203 is filled with a low pressure, resulting in increased pressure on row 203 where column 202 overlaps it); a second group of sheets providing a second plurality of rows 104 and a second column 101 transverse to the second plurality of rows 104 (Figure 1A), the second column preventing fluid from flowing from the respective inlets to the respective outlets of the second plurality of rows when the second column 101 is filled with fluid (paragraph 0030 and Figure 2D, where column 201, transverse to row 204, is filled with high pressure, and row 204 is filled with a low pressure, resulting in increased pressure on row 204 where column 201 overlaps it);
Marappan does not disclose a valve system modulating fluid flowing to the plurality of bladders, the first plurality of rows each having an inlet and an outlet, the second plurality of rows each having an inlet and an outlet; wherein each of the outlets of the first and second group of sheets is associated with one of the plurality of bladders; and a shared inlet valve provided at an inlet of one of the first plurality of rows, the shared inlet valve modulating fluid flow into the one of the first plurality of rows and the one of the second plurality of rows.
Jansen teaches a valve system 16 and 15 modulating fluid flowing to the plurality of bladders 13, the first plurality of rows each having an inlet 14 and an outlet 14 (see annotated Figure 3, above); the second plurality of rows each having an inlet 14 and an outlet 14 (see annotated Figure 3, above) wherein each of the outlets 14 of the first and second group of sheets is associated with one of the plurality of bladders 13 (Figure 3); and a shared inlet valve 15 provided at an inlet of one of the first plurality of rows 13, the shared inlet valve 15 modulating fluid flow into the one of the first plurality of rows 13 and the one of the second plurality of rows 13 (Figure 2 and Col. 4, lines 29-47).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Marappan with Jansen (both being directed to inflatable cushions) and arrived at the first and second plurality of rows each having an inlet and an outlet; wherein each of the outlets of the first and second group of sheets is associated with one of the plurality of bladders, and a shared inlet valve provided at an inlet of one of the first plurality of rows, the shared inlet valve modulating fluid flow into the one of the first plurality of rows and the one of the second plurality of rows. One of ordinary skill in the art would have been motivated to do so because the valves of Jansen allows for the pressure of the plurality of rows to be adjusted (Col. 4, lines 29-65).
Regarding claim 12, Marappan, as modified, discloses the subject matter as discussed above with regard to claim 11. Marappan, as modified, further discloses a pump 110 moving the fluid through the valve system to the plurality of bladders 101, 102, 103, 104 (see Marappan, Figure 1Aand paragraphs 0023-0024).
Regarding claim 14, Marappan, as modified, discloses the subject matter as discussed above with regard to claim 11. Marappan, as modified, further discloses a second shared inlet valve 16 provided at an inlet of a second of the first plurality of rows 13, the second shared inlet valve modulating fluid flow into the second of the first plurality of rows 13 and the second of the second plurality of rows 13 (see Jansen, annotated Figure 3, above and Col. 4, lines 48-57).
Regarding claim 15, Marappan, as modified, discloses the subject matter as discussed above with regard to claims 11 and 14. Marappan, as modified, further discloses a third valve 16 provided at an inlet of the first column 13, the third valve 16 modulating fluid flow into the first column 13; and a fourth valve 16 provided at an inlet of the second column 13, the fourth valve 16 modulating fluid flow into the second column (see Jansen, annotated Figure 3, above and Col. 4, lines 48-57, and see Col. 3, line 58-Col. 4, line 14, where both layers 11 and 12 are formed of the same tubing 13, but rotated 90 degrees relative to each other, such that the tubing 13 of layer 12 forms columns and the tubing 13 of 11 forms rows, such that valves 16 on the tubing 13 of layer 12 would define at least the third and fourth valves).
Regarding claim 16, Marappan, as modified, discloses the subject matter as discussed above with regard to claims 11 and 14. Marappan, as modified, further discloses a third group of sheets 103 and 104 providing a third plurality of rows and a third column 101 transverse to the third plurality of rows 103 and 104 (see annotated Figure 1A, above), the third column 101 preventing fluid from flowing from the respective inlets to the respective outlets of the third plurality of rows 103 and 104 when the third column 101 is filled with fluid (see Marappan, paragraph 0030 and Figure 2D, where column 201, transverse to row 204, is filled with high pressure, and row 204 is filled with a low pressure, resulting in increased pressure on row 204 where column 201 overlaps it), wherein the shared inlet valve 15 modulates fluid flow into the one of the third plurality of rows 13 (see Jansen, Figure 2 and Col. 4, lines 29-47); second shared inlet valve 16 provided at an inlet of a second of the first plurality of rows 13, the second shared inlet valve modulating fluid flow into the second of the first plurality of rows 13 and the second of the second plurality of rows 13 (see Jansen, annotated Figure 3, above and Col. 4, lines 48-57).
Regarding claim 17, Marappan, as modified, discloses the subject matter as discussed above with regard to claims 11 and 14. Marappan, as modified, further discloses a third shared inlet valve 16 provided at an inlet of a third of the first plurality of rows 13, the third shared inlet valve 16 modulating fluid flow into the third of the first plurality of rows 13 and the third of the second plurality of rows 13 (see Jansen, annotated Figure 3, above and Col. 4, lines 48-57).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Marappan in view of Jansen and further in view of Flocard (U.S. Patent No. 7,849,544).
Regarding claim 3, Marappan, as modified, discloses the subject matter as discussed above with regard to claim 1. Marappan, as modified, does not disclose wherein the first group of sheets and the second group of sheets comprise thermoplastic polyurethane sheets.
Flocard teaches wherein the first group of sheets 12C and the second group of sheets 12B comprise thermoplastic polyurethane sheets (Col. 7, lines 59-63).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Marappan, as modified, with Flocard (both being directed to inflatable cushions) such that the first group of sheets and the second group of sheets comprise thermoplastic polyurethane sheets. One of ordinary skill in the art would have been motivated to do so because doing so would merely amount to a simple substitution of one element (the material of the inflatable tubes of Marappan) for another (the thermoplastic polyurethane of the tubes of Flocard) that would not provide unexpected results as both the materials are used to form inflatable cushions capable of supporting the weight of a person. In this regard, MPEP 2143(B) and KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) are relevant.
Regarding claim 4, Marappan, as modified, discloses the subject matter as discussed above with regard to claims 1 and 3. Marappan, as modified, further discloses wherein the first group of sheets 12C are welded to provide the first plurality of rows and the first column (see Flocard, Col. 7, lines 59-63, where the individual air cells are formed by welding together two sheets of thermoplastic polyurethane, and see Marappan, Figure 1A above, which discloses the first rows and first column).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Marappan in view of Jansen and further in view of Summerville (U.S. Patent No. 2,684,672).
Regarding claim 13, Marappan, as modified, discloses the subject matter as discussed above with regard to claim 11. Marappan, as modified, does not explicitly disclose wherein the vehicle seat includes a seat base and a seat back, and the plurality of bladders and the valve system are disposed in the seat back.
Summerville (U.S. Patent No. 2,684,672) teaches wherein the vehicle seat includes a seat base 10 and a seat back 30, and the plurality of bladders 30 and the valve system 40 and 41 are disposed in the seat back 30 (Figures 1-2 and Col. 2, lines 25-43 and Col. 4, lines 5-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Marappan, as modified, with Summerville (both being directed to inflatable cushions) such that the vehicle seat includes a seat base and a seat back, and the plurality of bladders and the valve system are disposed in the seat back. One of ordinary skill in the art would have been motivated to do so because the inflatable cushions of Summerville provide support to both the seat and the back of a user (Col. 2, lines 25-43 and Col. 4, lines 5-38).
Allowable Subject Matter
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 6, Marappan, as modified, discloses the subject matter as discussed above with regard to claim 1. Marappan, as modified, further discloses wherein the first group of sheets 12C comprises first, second, third, and fourth thermoplastic polyurethane sheets (see Flocard, Col. 7, lines 59-63, where the individual air cells are formed by welding together two sheets of thermoplastic polyurethane), wherein the second and third sheets are welded to one another to provide the first plurality of rows (see Flocard, Figures 1-2 and Col. 7, lines 59-63). Marappan, as modified, does not disclose the first sheet being welded to the second sheet and the fourth sheet being welded to the third sheet to provide the first column.
While Flocard does disclose air cells which are formed by welding two sheets together to form an air cell, the air cells of Flocard run parallel to each other and do not appear to be welded to adjacent air cells. Marappan, cited above for disclosing the first plurality of rows and the first column does disclose that the rows and column overlap (shown in Figure 1A). This is achieved by weaving each row and each column together to form the cushion. Marappan does not disclose the rows and column being welded together. Additionally, the rows and columns of Marappan, being woven, completely overlap or underlap each other at the points at which they meet, which allows the cushion of Marappan to provide the described localized and dynamically shifting pressure (see paragraphs 0020-0021). Modifying Marappan such that one sheet of the column is able to be welded to one side of the rows while the other sheet is able to be welded to the opposite side of the rows would change the way Marappan functions, likely rendering it unsuitable for its intended purpose. As such, there is no disclosure, teaching, or suggestion in the prior art such that a rejection of claim 6 may be reasonably maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kann (U.S. Patent No. 2,691,179) which discloses an inflatable mattress comprising a plurality of rows and intersecting columns.
Lem (U.S. Publication No. 2016/0059750) which discloses an inflatable massage bladder matrix for a vehicle seat comprising rows and columns of inflatable bladders.
Rao (U.S. Publication No. 2023/0415692) which discloses an inflatable massage bladder matrix for a vehicle seat comprising columns of inflatable bladders.
Burgin (U.S. Patent No. 3,982,786) which discloses an inflatable seat comprising a plurality of rows and intersecting columns.
Poor (U.S. Patent No. 3,613,671) which discloses an inflatable seat comprising a plurality of rows and intersecting columns.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-F 8-4:00.
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/ALISON N LABARGE/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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