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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 5, 6, 9, and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Christian Mergl et al. U.S. Patent 11,241,988 B2 (Mergl).
Regarding claims 1 and 2, Mergl discloses a vibration motor assembly of a seat (Figure 1 and 39 Element 31), the vibration motor assembly comprising: a vibration motor (Element 6); and an upper housing (exterior housing of Element 5) disposed around the vibration motor to hold and fix the vibration motor (Figure 2-9 Element 5 with exterior shell that houses Element 6 best shown in Figure 1) , the upper housing configured to be fixed to a pad of the seat, wherein the upper housing comprises a holding part disposed a front surface of the upper housing to hold the vibration motor (Element 18’); wherein the upper housing comprises a fixing part located rearward relative to the holding part to cover and fix a rear surface of the vibration motor (Element 18).
Regarding claim 4, Mergl discloses the assembly wherein the upper housing is configured to be inserted in the seat and fixed to an inside of the pad (shown in Figure 1).
Regarding claim 9, Mergl discloses a vibration motor assembly of a seat, the vibration motor assembly comprising: a vibration motor (Element 6); an upper housing (Element 5) disposed around the vibration motor to hold and fix the vibration motor, the upper housing configured to be fixed to a pad of the seat, wherein the upper housing comprises: a holding part disposed at a circumference of a front surface of the upper housing to hold a circumference of the vibration motor (Element 18 holding); and a fixing part covering and fixing a rear surface of the vibration motor (contour of the cavity within the seat cushion to accommodate the support and secured mounting of Element 5).
Regarding claim 16, Mergl discloses a vehicle comprising: a vehicle body; a seat disposed in the vehicle body (as shown in Figure 39 Element 31), the seat comprising a pad (Element 2); a vibration motor assembly (Element 5) attached to the seat, the vibration motor assembly comprising a vibration motor (Element 6), and an upper housing disposed around the vibration motor to hold and fix the vibration motor, wherein the upper housing is fixed to the pad and comprises: a holding part disposed at a front surface of the upper housing to hold the vibration motor (Element 18); and a fixing part (cavity of Element 2 housing Element 5 shown in Figure 40) covering and fixing a rear surface of the vibration motor; and a controller configured to control an operation of the vibration motor to provide a vibration to an occupant of the seat (Element 20 connection to a power supply control system).
Regarding claim 17, Mergl discloses vehicle wherein the fixing part is located rearward relative to the holding part to cover and fix a rear surface of the vibration motor (Figure 2-8 fixed portion of the rear portion of the Element 5 within the cavity; contour of Element 4).
Regarding claim 18, Mergl discloses vehicle further comprising a lower housing inserted into the pad (Figure 18-22 Element 12), and wherein the upper housing coupled to the lower housing to hold and fix the vibration motor (as shown in Figure 18-31).
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Christian Mergl et al. U.S. Patent 11,241,988 B2 (Mergl).
Regarding claim 7, Mergl discloses the vibration motor assembly wherein the vibration motor and the upper housing are disposed in a seatback configured to support a back of an occupant, a seat cushion configured to support a buttocks of the occupant (Figure 39 Element 32 and 32). Mergl does not directly disclose a headrest configured to support a head of the occupant, a leg support configured to support a calf of the occupant, or a foot massager configured to massage a foot of the occupant. It would be obvious to provide a seating assembly that would accommodate the support of the head, leg, and foot of an occupant that will have the vibration motor extended on the seat surfaces. Such a modification would provide a means to duplication the parts of the vibration motors on more seat surfaces in contact with a user to improve comfort.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,103,451. Although the claims at issue are not identical, they are not patentably distinct from each other because the structural limitations of the vibrating module with the vehicle seat is disclosed in the claimed invention as claimed in the issued patent.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIN H KIM whose telephone number is (571)272-7788. The examiner can normally be reached Monday-Friday 9AM-6PM.
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/SHIN H KIM/Primary Examiner, Art Unit 3636