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 .
Election/Restrictions
Applicant’s election without traverse of Invention I and Species Group 5 in the reply filed on 16 June 2026 is acknowledged. [Note that while Applicant’s response indicates election of “Group 7,” no such group was presented and it would appear that Group 5 based on Figure 7 was the intended election.]
Claims 3, 4, 8, 9, and 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and/or species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 16 June 2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 124.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the restraint vent must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Note that while restraint vents are shown in other embodiments, none appears to be shown in the elected embodiment.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 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)(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, 2, 5, 10, and 11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Duncan et al. (US Patent Application Publication Number 2024/0239253).
Regarding claim 1, Duncan discloses a seat for a vehicle having an integrated system for heating or cooling a seat occupant, the seat comprising: a seat base (32); a seat back (36) attached to the seat base, the seat back including an upper end, the upper end including an air plenum (54 and/or 64); a head restraint (38) attached to the seat base, the head restraint including at least one head restraint support stay (44) connecting the head restraint to the seat back, the at least one stay having an inner core, the inner core being substantially hollow (see at least paragraph 31), the at least one stay being in fluid communication with the air plenum (see figures and paragraph 31).
Regarding claim 2, Duncan further discloses the at least one stay having at least one air flow aperture (46) formed therein, the at least one air flow aperture being in fluid communication with the inner core of the at least one stay (see again at least paragraph 31).
Regarding claim 5, Duncan further discloses the seat back further includes an air blower assembly (56) fluidly attached to the air plenum.
Regarding claim 10, Duncan further discloses the head restraint further includes a restraint vent (50) in fluid communication with the at least one stay.
Regarding claim 11, Duncan further discloses the upper end of the seat back includes a seat vent (68) in fluid communication with the air plenum (at least 64 via 44 for instance).
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) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duncan. Duncan discloses a seat as explained above including the seat back further including ducting (82, 88), the ducting having a first end connected to an air blower assembly and a second end, wherein the seat back has a lower end and wherein the second end of the ducting exhausts outside of the seat back at a point in the lower end of the seat back (84 and/or 90 would be viewed as meeting this limitation). Duncan may not clearly show this arrangement with the air blower assembly described above. Rearrangement of components as well as making components integral require only routine skill in the art however. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a duct arrangement as claimed based on normal variation to improve manufacture, cost, and/or convenience for various users.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because it shows a range of related devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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, 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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/PHILIP F GABLER/ Primary Examiner, Art Unit 3636
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