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 Objections
Claim 20 is objected to because of the following informalities: Claim 20 recites the phrase “the lumbar mechanism of the massage motor” in the last line. It appears applicant intended to recite - - the lumbar mechanism or the massage motor - -. Appropriate correction is required.
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, 6-9 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shiraishi (7,159,938). With respect to claim 1, Shiraishi discloses a speaker enclosure comprising a panel (22) sized to attach to a pair of spaced apart side members (11B)(11B) of a seat back frame (11) that is sized to receive and support pelvis, lumbar, thoracic and shoulder regions of a seat occupant wherein multiple openings (24)(24)(23) are formed in the panel (22) to receive multiple speakers (13)(14)(14).
With respect to claim 6, each speaker (13)(14)(14) is installed the speaker enclosure opening (23)(24)(24).
With respect to claim 7, a seat assembly comprising a seatback frame (11) comprising a pair of spaced apart side members (11B)(11B) and an upper cross member (11A) and a lower cross member (11C) interconnecting the pair of spaced apart side members (11B)(11B) such that the seat back frame is sized to receive and support the pelvis, lumbar, thoracic and shoulder regions of the seat occupant; and the speaker assembly of claim 6, attached to the spaced apart side members (11B)(11B) by way of panel (22).
With respect to claim 8, the speaker assembly is oriented to face rearward of the seatback frame with square extension portions (18)(18)(17) extending rearward from speakers (16)(16)(15).
With respect to claim 9, a trim cover (19a)(19b) at least partially covering the seat back frame (11) (see embodiment in Figure 6) and the speaker assembly, wherein an acoustically transparent region is provided in the trim cover over the speaker (see column 4, line 1 “sound conductive cushion element, designated by (19)”).
With respect to claim 21, a lumbar mechanism (21) installed on the seatback frame (11); and the speaker enclosure further comprises at least one speaker chamber extension (18)(18)(17) provided on an upper rim, defined by an rear surface of the panel (22), to extend a speaker chamber of the speaker enclosure above the upper rim (i.e. beyond the rear surface of the panel (22)) and not interfere with the lumbar mechanism or the massage motor.
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) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shiraishi (7,159,938) in view of Servadio et al. (US 2021/0061152). As set forth above, Shiraishi discloses all claimed elements with the exception of a reflector and speaker grille. Servadio teaches a speaker for use in a headrest of a seat including a reflector (30) and grille (31). It would have been obvious to use these known speaker structures within the speakers (13)(14)(14) disclosed by Shirashi since such structures are well known for helping clearly emanate sound from the speaker structure.
Claim(s) 1-8, 10, 12-18 and 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Servadio et al. (US 2021/0061152) in view of Shiraishi (7,159,938).
With respect to claim 1, Servadio et al. discloses a speaker enclosure comprising a panel (2) sized to attach to a seatback frame wherein an opening (unlabeled) is formed in the panel (2) and sized to receive a speaker (3).
With respect to claim 2, the panel (2) is further defined as a first panel; and wherein the speaker enclosure further comprises a second panel (1) spaced apart from the first panel (2) to provide a speaker chamber there between.
With respect to claim 4, the first panel and the second panel are spaced apart in a direction of a depth of the speaker enclosure by connector blocks (C), wherein the speaker enclosure has a width and wherein the depth of the speaker enclosure is less than the width.
With respect to claim 5, wherein the speaker enclosure has a height in an upright direction and the depth of the speaker enclosure is less than the height.
With respect to claim 6, a speaker assembly comprising the speaker enclosure of claim 1 and a speaker (3) installed in the speaker enclosure opening.
Servadio et al. fails to disclose the spaced apart side members of a seat back frame that are sized to receive and support pelvis, lumbar, thoracic and should regions of a seat occupant (claim 1); a seatback frame having a pair of spaced apart side members and an upper and lower cross member, wherein the speaker assembly is fastened to the pair of spaced apart side members (claim 7).
Shiraishi teaches a seatback frame (11) with spaced apart side members (11B)(11B), an upper cross member (11A) and a lower cross member (11C). The seatback frame (11) includes headrest stay holders (11H)(11H) for receiving a headrest. The seat back frame (11) is sized to receive and support pelvis, lumbar, thoracic and shoulder regions of a seat occupant. Connection of headrest stays (50)(50) of the Servadio device within headrest stay holders (11H)(11H) of seatback frame (11) taught by Shiraishi results in a headrest assembly fastened to the pair of spaced apart side members.
It would have been obvious to one of ordinary skill in the art to mount the headrest disclosed by Servadio et al. on a seat back frame as taught by Shiraishi. The Shiraishi device is designed for supporting a headrest with stays (50)(50). Such a combination would result in a speaker enclosure attached to a pair of spaced apart side members (11B)(11B) of a seat back frame. Such a basic frame is well known in the seat art as being sturdy for supporting a headrest mounted on stays thereon and would have been obvious to use as a backrest frame with the predicted result of providing a sturdy, supportive and comfortable backrest.
With respect to claim 7, the combination of Servadio with Shiraishi results in the speaker assembly disclosed by Servadio being fastened to the pair of spaced apart side members when the Servadio device is used with a backrest frame as taught by Shiraishi.
With respect to claim 8, the combination of Servadio with Shiraishi results in a speaker assembly oriented to face rearward of the seatback frame (11).
With respect to claim 10, Servadio discloses a speaker enclosure comprising: a first panel (2) with a first opening sized to receive a speaker (3); and a second panel (1) spaced apart from the first panel (2) to collectively define a speaker chamber between the first panel and the second panel, wherein a second opening is formed in the second panel, aligned with the first opening and sized to provide clearance for a magnet (32) of the speaker (3). The speaker enclosure is sized to attach to a pair of spaced apart side members (11B)(11B) of a seat back frame (11) when the headrest of Servadio is installed on a backrest frame as taught by Shiraishi.
With respect to claim 12, the speaker chamber is sized to fit between the pair of spaced apart side members of the seat back frame (given that the headrest stay holders (11H) are positioned between the side members (11B)(11B)).
With respect to claim 13, the first panel (2) and the second panel (1) are spaced apart in a direction of a depth of the speaker enclosure; wherein the speaker enclosure has a width to span a space between the pair of spaced apart side members (11B)(11B) of Shiraishi and the depth of the speaker enclosure is less than the width.
With respect to claim 14, wherein the speaker enclosure has a height in an upright direction of the seat back frame and the depth of the speaker enclosure is less than the height.
With respect to claim 15, a speaker assembly comprising: the speaker enclosure of claim 10 and a speaker (3) installed in the first opening.
With respect to claim 16, the connectors (C) attached by threaded members create a seal between the speaker and the second opening in panel (1).
With respect to claim 17, the headrest disclosed by Servadio installed on a seat back as taught by Shiraishi results in a seat assembly comprising: a seatback frame (11) comprising a pair of spaced apart side members (11B)(11B) and an upper cross member (11A) and a lower cross member (11C) interconnecting the pair of spaced apart side members such that the seat back frame is sized to receive and support pelvis, lumbar, thoracic and shoulder regions of the seat occupant, and the speaker assembly of claim 15 fastened to the pair of spaced apart side members (11B)(11B) via stays (50)(50) inserted in stay holders (11H)(11H).
With respect to claim 18, a speaker assembly comprising: a speaker (3) comprising a flange (unlabeled), carrying fixing portions (36) thereon, a cone (30) extending from the flange, a magnet (32) attached to the cone, and a diaphragm (41) attached to the flange, the speaker having an axial depth from flange to magnet and a speaker enclosure (2) having an opening (26) sized to receive the flange of the speaker wherein the depth of the speaker enclosure in a region of the speaker is equal to or less than the axial depth of the speaker, wherein the speaker enclosure comprises a first panel (2) sized to attached to a pair of spaced apart side members (11B)(11B) of a seatback frame (11) of Shiraishi that is sized to receive and support pelvis, lumbar, thoracic and shoulder regions of the seated occupant, wherein the first opening is formed in the first panel (2).
With respect to claim 20, the speaker assembly of claim 18 fastened to a pair of spaced apart side members (11B)(11B) of a seat back frame (11) comprising upper (11A) and lower (11C) cross members such that the seat back frame is sized to receive and support pelvis, lumbar, thoracic and shoulder regions of the seat occupant.
With respect to claim 21, Shiraishi further teaches a lumbar mechanism (21) installed to the seat back frame (11) and the mounted speaker enclosure (2) of Servadio includes at least one speaker chamber extension (4) provided on an upper rim (see where edge (44) of extension (4) meets back wall of enclosure (2)) to extend a speaker chamber of the speaker enclosure above the upper rim (in a depth direction) and not interfere with the lumbar mechanism (21) or the massage motor.
With respect to claim 22, Servadio discloses a reflector (30) and a speaker grille (31).
Response to Amendment/Arguments
Applicant’s amendment and remarks have been considered in their entirety. Applicant argues that Servadio does not disclose “a seat back frame that is sized to receive and support pelvis, lumbar, thoracic and shoulder regions of a seat occupant. In light of Applicant’s amendment, the Examiner looks to Shiraishi for his teaching of a seat back frame, as claimed, configured to receive a headrest with stays thereon. As laid out in the above rejections, mounting the headrest of Servadio on a seat back frame as taught by Shiraishi would result in the claimed invention. A POSITA would be motivated to mount the headrest of Servadio on the seat back frame of Shiraishi since such a frame structure is well known in the art and the combination would provide the predictable result of a stable and comfortable seat back support for a user of the seat.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B. MCPARTLIN whose telephone number is (571)272-6854. The examiner can normally be reached M-F 8 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eileen Lillis can be reached at 571-272-6928. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH B MCPARTLIN/Primary Examiner, Art Unit 3993
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