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 .
Response to Amendment
This action is in response to the remarks dated 8/13/2026.
The previous objection to Fig 3 in the drawings dated 10/21/2024 is withdrawn.
In view of the amendments to the claims, the previous rejection of claims 5-6, 11-12, and 18-19 under 35 U.S.C. 112(b) are withdrawn.
Response to Arguments
Applicant's arguments filed 8/13/2026 have been fully considered but they are not persuasive.
The claim recites: “the low frequency speaker is arranged in the backrest and attached to the suspension system.”
Applicant’s argument is that: “the loud speaker of Masahiro is, therefore attached to the frame and not to the elastic element… [in Masahiro] there is no direct connection between the loudspeaker and the elastic element…” on page 8.
This argument is not commensurate in scope with the claim language. As currently drafted, the claim does not require a direct connection (emphasis added) between the loudspeaker and the elastic element. In Masahiro, the loudspeaker, frame, elastic element, and many other components of the seat are all attached to each other.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Masahiro et al. (JP 2009274687)(hereinafter Masahiro) in view of Maekawa et al. (US 7,130,440 B2)(hereinafter Maekawa).
RE Claim 1: Masahiro discloses a vehicle comprising:
a car seat (10) comprising a seating area (approximately 28) and a backrest (12), wherein the seating area is arranged at a lower end of the backrest (Figs 1-3); and
a speaker (16).
Masahiro does not explicitly teach the speaker is a low frequency speaker configured to emit sound at frequencies of between 20Hz and 200Hz.
However, Maekawa teaches a seat (analogous art).
Maekawa further teaches the speaker is a low frequency speaker configured to emit sound at frequencies of between 20Hz and 200Hz (col 6, ln 12-20).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Masahiro in view of Maekawa such that the speaker is a low frequency speaker configured to emit sound at frequencies of between 20Hz and 200Hz as taught by Maekawa for the advantages of improved sound quality.
Masahiro as modified further discloses the backrest comprising a rigid frame (frame 14, a flexible suspension system (para 0022), and upholstery (pad body per para 0020-0021), wherein the suspension system is suspended in the frame and covered by the upholstery such that,
when an occupant of the vehicle is seated on the car seat, at least a portion of the upholstery is arranged between the suspension system and the occupant, the low frequency speaker is arranged in the backrest and attached to the suspension system, and the low frequency speaker is arranged on a backside of the suspension system that faces away from the seating area (para 0020-0023)(Figs 1-3).
RE Claim 2: Masahiro as modified discloses vehicle of claim 1,
Masahiro further discloses wherein the suspension system comprises at least one spring element (26).
RE Claim 3: Masahiro as modified discloses vehicle of claim 1,
Masahiro discloses wherein the low frequency speaker comprises a loudspeaker enclosure (16), and wherein the loudspeaker enclosure is attached to the suspension system Figs 1-3)(para 0015-0019).
RE Claim 4: Masahiro as modified discloses vehicle of claim 1,
Masahiro wherein the backrest comprises a cavity (18) adjacent to the suspension system towards a back side of the car seat (Figs 1-3), and wherein the low frequency speaker is at least partly arranged in the cavity between the suspension system and a backside of the backrest (Figs 1-3).
RE Claim 5 (as best understood): Masahiro as modified discloses vehicle of claim 1,
wherein the car seat is a driver’s seat (Figs 1-3).
RE Claim 6 (as best understood): Masahiro as modified discloses vehicle of claim 5.
Masahiro does not explicitly teach an additional seat comprising a seating area and a backrest, wherein the seating area is arranged at a lower end of the backrest; and a second low frequency speaker configured to emit sound at frequencies of between 20Hz and 200Hz, wherein the backrest comprises a rigid frame, a flexible suspension system, and upholstery, wherein the suspension system is suspended in the frame and covered by the upholstery such that, when an occupant of the vehicle is seated on the car seat, at least a portion of the upholstery is arranged between the suspension system and the occupant ,the second low frequency speaker is arranged in the backrest and attached to the suspension system, and the second low frequency speaker is arranged on a backside of the suspension system that faces away from the seating area.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use multiple seats in a vehicle such that the vehicle comprises a front passenger seat including a seating area and a backrest, wherein the seating area is arranged at a lower end of the backrest; and a second low frequency speaker configured to emit sound at frequencies of between 20Hz and 200Hz, wherein the backrest comprises a rigid frame, a flexible suspension system, and upholstery, wherein the suspension system is suspended in the frame and covered by the upholstery such that, when an occupant of the vehicle is seated on the car seat, at least a portion of the upholstery is arranged between the suspension system and the occupant, the second low frequency speaker is arranged in the backrest and attached to the suspension system, and the second low frequency speaker is arranged on a backside of the suspension system that faces away from the seating area, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.03 VI B citing In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). This would be done for the advantages of effective use of vehicle space (para 0003).
RE Claim 7: Masahiro discloses a car seat comprising:
a seating area (approximately 28) and a backrest (12), wherein the seating area is arranged at a lower end of the backrest (Figs 1-3); and
a speaker (16).
Masahiro does not explicitly teach the speaker is a low frequency speaker configured to emit sound at frequencies of between 20Hz and 200Hz.
However, Maekawa teaches a seat (analogous art).
Maekawa further teaches the speaker is a low frequency speaker configured to emit sound at frequencies of between 20Hz and 200Hz (col 6, ln 12-20).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Masahiro in view of Maekawa such that the speaker is a low frequency speaker configured to emit sound at frequencies of between 20Hz and 200Hz as taught by Maekawa for the advantages of improved sound quality.
Masahiro as modified further discloses the backrest comprising a rigid frame (frame 14, a flexible suspension system (para 0022), and upholstery (pad body per para 0020-0021) such that, when an occupant is seated on the car seat, at least a portion of the upholstery is arranged between the suspension system and the occupant (para 0020-0023),
the low frequency speaker is arranged in the backrest and attached to the suspension system (Figs 1-3)(para 0020-0023), and
the low frequency speaker is arranged on a backside of the suspension system that faces away from the seating area (Figs 1-3).
RE Claim 8: Masahiro as modified discloses vehicle of claim 7,
Masahiro further discloses wherein the suspension system comprises at least one spring element (26).
RE Claim 9: Masahiro as modified discloses vehicle of claim 7,
wherein the low frequency speaker comprises a loudspeaker enclosure (16), and wherein the loudspeaker enclosure is attached to the suspension system (Figs 1-3)(para 0015-0019).
RE Claim 10: Masahiro as modified discloses vehicle of claim 7,
wherein the backrest comprises a cavity (18) adjacent to the suspension system towards a back side of the car seat, and wherein the low frequency speaker is at least partly arranged in the cavity between the suspension system and a backside of the backrest (Figs 1-3)(para 0015-0019).
RE Claim 11 (as best understood): Masahiro as modified discloses the car seat of claim 7,
Masahiro further discloses wherein the car seat is a driver’s seat (Figs 1-3).
RE Claim 12 (as best understood): Masahiro as modified discloses the car seat of claim 7,
Masahiro further discloses wherein the car seat is a front passenger seat including a seating area and a backrest (Figs 1-3).
RE Claim 13: Masahiro as modified discloses the car seat of claim 7,
Masahiro further discloses wherein the low frequency speaker is arranged on the backside of the suspension system that faces away from the seating area (Figs 1-3).
RE Claim 14: Masahiro discloses a seat assembly comprising:
a car seat (10) comprising a seating area (approximately 28) and a backrest (12), wherein the seating area is arranged at a lower end of the backrest (Figs 1-3); and
a speaker (16).
Masahiro does not explicitly teach the speaker is a low frequency speaker configured to emit sound at frequencies of between 20Hz and 200Hz.
However, Maekawa teaches a seat (analogous art).
Maekawa further teaches the speaker is a low frequency speaker configured to emit sound within a predetermined frequency range (col 6, ln 12-20).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Masahiro in view of Maekawa such that the speaker is a low frequency speaker configured to emit sound within a predetermined frequency range as taught by Maekawa for the advantages of improved sound quality.
Masahiro as modified further discloses the backrest comprising a rigid frame (frame 14, a flexible suspension system (para 0022), and upholstery (pad body per para 0020-0021), wherein the suspension system is suspended in the frame and covered by the upholstery such that,
when an occupant of the vehicle is seated on the car seat, at least a portion of the upholstery is arranged between the suspension system and the occupant, the low frequency speaker is arranged in the backrest and attached to the suspension system, and the low frequency speaker is arranged on a backside of the suspension system that faces away from the seating area (para 0020-0023)(Figs 1-3).
RE Claim 15: Masahiro as modified discloses the seat assembly of claim 14,
wherein the suspension system comprises at least one spring element (26).
RE Claim 16: Masahiro as modified discloses the seat assembly of claim 14,
wherein the low frequency speaker comprises a loudspeaker enclosure (16), and wherein the loudspeaker enclosure is attached to the suspension system(Figs 1-3)(para 0015-0019).
RE Claim 17: Masahiro as modified discloses the seat assembly of claim 14,
wherein the backrest comprises a cavity (18) adjacent to the suspension system towards a back side of the car seat(Figs 1-3)(para 0015-0019), and wherein the low frequency speaker is at least partly arranged in the cavity between the suspension system and a backside of the backrest (Figs 1-3)(para 0015-0019).
RE Claim 18 (as best understood): Masahiro as modified discloses the seat assembly of claim 14,
wherein the car seat is a driver’s seat (Figs 1-3).
RE Claim 19 (as best understood): Masahiro as modified discloses the seat assembly of claim 14,
wherein the car seat is a front passenger seat including a seating area and a backrest (Figs 1-3).
RE Claim 20: Masahiro as modified discloses the seat assembly of claim 14,
Maekawa further teaches the predetermined frequency range corresponds to a frequency range of between 20Hz and 200Hz (col 6, ln 12-20).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
These documents present alternative designs similar in scope which illustrate relevant features in comparison to the Applicant’s submission. The cited prior art include various car seats and seats with speakers attached thereto.
THIS ACTION IS MADE FINAL. 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 MARIA E GRABER whose telephone number is (571)272-4640. The examiner can normally be reached M-F 6:30-4:00.
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, Timothy D Collins can be reached on 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIA E GRABER/Primary Examiner, Art Unit 3644
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