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 .
Remarks
This communication is in response to the reply filed on 05/22/2026.
The reply amended claim 1 and cancelled claims 6, 8 and 10.
Claims 1-5, 7 and 9 are currently pending and have been examined.
The 35 USC 112 rejection is moot in view of the amendment.
Response to Arguments
Applicant's arguments filed 05/22/2026 have been fully considered but they are not persuasive.
As best understood, applicant first argues the amended features (pages 6-7) are not disclosed or suggested by D1. In support of this position applicant provides remarks (page 7) which explain benefits of the claimed structure. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Further, Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Applicant provides remarks (pages 7-8) which allege that D1 does not recite the structure as amended. This is not persuasive as the "recess", "guide grooves", "reinforcing rib" or "elastic support member” are mapped elements as provided in the non-final rejection.
Applicant alleges D1 does not show "left and right edges of the elastic support member being gradually contract and tilt towards a middle from the rear direction". This is not persuasive as the nonfinal rejection addressed this in claim 10 (see page 8).
For at least these reasons the arguments are not persuasive.
Claim Interpretation Under 35 USC § 112
No claim elements in this application are presumed to invoke 35 U.S.C. 112(f).
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 1-5, 7 and 9 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.
Claim 1 recites the limitation "the support protrusion" in clause 5. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination “the at least one support protrusion” is used.
Claim 1 recites the limitation "the reinforcing ribs" in clause 8. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination “the reinforcing rib[[s]]” is used.
Claims 2-5,7 and 9 are rejected via dependency.
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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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7 and 9, as best understood in view of the issues above, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,048,024, hereinafter D1.
As to claim 1.
D1 discloses a ventilated cushion for vehicle seats (fig. 1), comprising
a cushion body (either of seat part 2 or backrest 3 includes a cushion 4), which is provided with a plurality of ventilation holes (air is drawn through cushion 4 as indicated by flow arrows in fig. 1 = plurality of ventilation holes through cushion 4), a back of the cushion body that is located in an area of the ventilation holes is provided with a fan installation position (in FIG. 1 there are two fan devices, designated by 9 and 10, here shown schematically, which are installed in the seat part 2 and the backrest 3, respectively, installed in ‘fan installation positions’);
the cushion body (cushion 4 and protection means 49 comprise the seatback in fig. 1 = cushion body”) comprises an edge portion (perimeter of cushion 4 and protection means 49 which define seatback in figs. 1 and 4) and a body upper portion (see annotated figure 1), a body middle portion (see annotated figure 1), and a body lower portion (see annotated figure 1) arranged in sequence from top to bottom (see annotated figure 1);
the body upper portion (see annotated figure 1), the body middle portion (see annotated figure 1), and the body lower portion (see annotated figure 1) are all located in an area surrounded by the edge portion (the cushion 4 perimeter surrounds the areas in fig. 1);
a back of the body lower portion (fig. 4) is provided with at least one support protrusion (any of e.g. 71, curved outer and inner edges 66 and 67, central part 69), and the fan installation position (in FIG. 1 there are two fan devices, designated by 9 and 10, here shown schematically, which are installed in the seat part 2 and the backrest 3, respectively, installed in ‘fan installation positions’) is located on a back of the body middle portion and adjacent to the body lower portion (fig. 1 and fig. 4);
wherein a recess (see annotated figure 4 where the “recess” receives 66/64) is provided at a front of the body lower portion (see annotated figure 4) and a corresponding position of the support protrusion (any of e.g. 71, curved outer and inner edges 66 and 67, central part 69; see annotated figure 4);
wherein a front (refer to fig. 4 where ‘front’ is arbitrary) of the cushion body ( (cushion 4 and protection means 49 comprise the seatback in fig. 1 = cushion body”)) is longitudinally provided with a plurality of guide grooves (defined by bellows 64 and 49; see annotated figure 4), the plurality of guide grooves are all extended from lowers of the body lower portion (see annotated figure 4 in light of fig. 1; the bellows extend away from 49) and/or the body middle portion (see annotated figure 4 in light of fig. 1) to the edge portions of uppers of the body upper portion (see annotated figure 4 in light of fig. 1) and/or the body middle portion (see annotated figure 4 in light of fig. 1; not that a “portion” identified in fig. 1 have overlap with other “portions” as the use of “portion” is not tied to any structure);
the back of the cushion body (cushion 4 and protection means 49 and 29 collectively comprise the seatback in fig. 1 = cushion body”) and a corresponding position of each guide groove (defined by bellows 64 and 49; see annotated figure 4) are protruded towards the back of the cushion body (e.g. portion 67 of 49 protrudes towards 29) to form a reinforcing rib (i.e. portion(s) 66, 65, 67 of 49),
the reinforcing rib[[s]] (i.e. portion(s) 66, 65, 67 of 49) [[are all extended]] extends from lowers of the body lower portion (see annotated figure 1) and/or the body middle portion (see annotated figure 1) to uppers of the body upper portion (see annotated figure 1) and/or the body middle portion (see annotated figure 1),
one end of the reinforcing rib located at the uppers of the body upper portion (see annotated figure 1) and/or the body middle portion (see annotated figure 1) is not connected to the edge portion (i.e. portion(s) 66, 65, 67 of 49 are not connected to edge e.g. 59);
wherein a lower of the cushion body (portion of 61 near 61 in fig. 4) is connected to an elastic support member (rubber element 71 in fig. 4 and col. 6, ln. 39+) that is inclined downward towards a rear direction (71 appears so in fig. 4 noting that ‘downward’ and ‘rear direction’ are arbitrarily chosen), and
wherein left and right edges of the elastic support member (71) are gradually contract and tilt towards a middle from the rear direction (due to compression by the fastener, not numbered).
As to claim 2.
D1 discloses the ventilated cushion for vehicle seats according to claim 1 (see explanation for claim 1), and further discloses wherein the body upper portion (see annotated figure 1) and the body lower portion (see annotated figure 1) both are faced towards the body middle portion (see annotated figure 1) and tilted towards a front of the cushion body (see annotated figure 1 referring to curved portions of perimeter of cushion 4; note fig. 1 is a cross section);
the body middle portion (see annotated figure 1) is bent from its upper and lower ends towards a middle and towards the front of the cushion body (see annotated figure 1, note the figure is in cross section and the back is curved, i.e. ‘bent’).
As to claim 3.
D1 discloses the ventilated cushion for vehicle seats according to claim 1 (see explanation for claim 1), wherein the body upper portion (see annotated figure 1), the body middle portion (see annotated figure 1), and the body lower portion (see annotated figure 1) are all provided with arc-shaped transition surfaces on left and right sides from a middle (see annotated figure 1, note the figure is in cross section and note curvature of perimeter).
As to claim 4.
D1 discloses the ventilated cushion for vehicle seats according to claim 1 (see explanation for claim 1), and further discloses wherein the edge portions provided on left and right sides of the body middle portion (see annotated figure 1) are bent towards the front of the cushion body to form an arc-shaped support edge (fig. 1).
As to claim 5.
D1 discloses the ventilated cushion for vehicle seats according to claim 1 (see explanation for claim 1), and further discloses wherein a front of the edge portion is higher (see annotated figure 1 where “arc shaped support edge” is higher than the various portions) than fronts of the body upper portion (see annotated figure 1), the body middle portion (see annotated figure 1), and the body lower portion (see annotated figure 1), the edge portion is provided with transition sections (see annotated figure 1) at left and right sides (see annotated figure 1 where one side is shown) of the body lower portion (see annotated figure 1 note that the figure is in cross section);
a front of the transition section is inclined towards the back of the cushion body (note curvature in fig. 1) to form a connection between the front of the transition section and the front of the body lower portion (see annotated figure 1 showing continuous curvature and profile of seat cushion).
As to claim 7.
D1 further discloses the fan installation position (in FIG. 1 there are two fan devices, designated by 9 and 10, here shown schematically, which are installed in the seat part 2 and the backrest 3, respectively, installed in ‘fan installation positions’) is provided on the reinforcing rib (i.e. portion(s) 66, 65, 67 of 49) on a lower of the body middle portion (see annotated figure 4 where fan 14 is mounted to 16 and 26/29 which is “on” 65/66 via 61).
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As to claim 9.
D1 discloses the ventilated cushion for vehicle seats according to claim 1 (see explanation for claim 1), and further discloses the elastic support member (71) is connected to the lower of the cushion body through an arc-shaped transition connection member (fastener, not numbered, is cylindrical thus “arc-shaped”).
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.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or pointed out by the examiner.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. T. Newton, Esq. whose telephone number is (313)446-4899. The examiner can normally be reached 0700-1500 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SPE Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. T. Newton/Primary Examiner, Art Unit 3673 29 July 2026
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