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 .
This is the first Office Action for the serial number 18/820,999, VEHICLE SEAT AIR CONDITIONING DEVICE, filed on 8/30/24.
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 2 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 2, line 3, “the outlet opens to face in a vertical upward direction” is indefinite because the drawings in applicant’s invention show the outlet is in the horizontal direction and doesn’t face in the vertical upward direction.
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.
Claims 1-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 9,346,384 to Zhang et al. in view of US Patent Application Publication # 2021/0155129 to Artmeier et al.
Zhang et al. teaches a vehicle seat air conditioning device (figure 1) comprising a fan (2) built in the seat, a controller (22) that controls the fan and an outlet (24) that blows out air from a surface of the seat back. The air being sent by the fan and guided through a flow path formed in the seat back. The outlet opens to face in a horizontal direction, the one or more plates are disposed in an orientation completely to the central axis of the flow path. When the first temperature is a first predetermined temperature or higher, the controller sets the rate of rotation of the fan to a first rate of rotation and when the first temperature is lower than the first predetermined temperature, the controller sets the rate of rotation of the fan to a rate of rotation greater than the first rate of rotation (column 3, lines 53-67 and column 4, lines 1-50).
Zhang et al. teaches the outlet includes a wind direction having one or more plates but fails to teach the wind direction is adjustable and one or more plates includes a protrusion on one surface of the plate.. Artmeier et al. teaches the wind direction adjustable (10, figure 3) and the plates include protrusion. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhang et al.’s wind direction with adjustable and the plates including protrusion as taught by Artmeier et al. to “permit the air flow always to be directed onto the air feed opening irrespective of in which specific position the vehicle seat is located” (section 0028 in Artmeier et al.’s invention).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. in view of Artmeier et al. and in further view of Korea Patent Application Publication # 20160139837 to Yeol.
Zhang et al. in view of Artmeier et al. teaches the plate is divided into a front region and a back region at a midpoint of a length of the plate in a depth direction along the central axis but fails to teach the protrusion is disposed in the back region. Yeol teaches the protrusion (23) is in the back region of the plate. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the location of protrusion in Zhang et al in view of Artmeier et al. to the back region of the plate as taught by Yeol to provide the same result for adjusting the wind flow using the plate.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US Patent # 2,055,843 to Helfinstine
US Patent Application Publication # 2006/0267383 to Bargheer et al.
US Patent Application Publication # 2021/0309134 to Kawashima et al.
The cited references teach the air conditioner for the vehicle seat.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED J WUJCIAK whose telephone number is (571)272-6827. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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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.
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ALFRED J. WUJCIAK III
Primary Examiner
Art Unit 3632
/ALFRED J WUJCIAK/Primary Examiner, Art Unit 3636 8/21/26
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