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 § 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) 1-3, 6, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Vigo (US Patent Number 2782834).
Regarding claim 1, Vigo discloses an air supply device, characterized by comprising a seat body (including 10, 12, 13) and an air supply component (including 25, or 33, etc.); wherein the seat body includes a seat frame, the seat frame has a box-like structure, a cavity (of 10 and/or 12) is formed inside the seat frame (see figures), the air supply component is installed within the cavity of the seat frame; air supply outlets (including 16) are defined along side edges and a rear edge of an upper surface of the seat frame (at least in part; see figures). Vigo further discloses grills (at 26, 34’ for instance) but may not disclose them at the air supply outlets. Duplication and rearrangement of components require only routine skill in the art and it accordingly would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide grills as claimed based on normal variation to improve safety and comfort for various users.
Regarding claim 2, Vigo further discloses the upper surface of the seat frame is equipped with a backrest, and one of the air supply outlets located at the rear edge of the upper surface of the seat frame is positioned behind the backrest (see for instance Figure 2 showing an air supply outlet at reference marker 13 positioned as claimed at least generally).
Regarding claim 3, Vigo further discloses the air supply component includes a housing (formed at least by 42) and a fan (at 33); a bottom plate of the housing is situated at an opening of a bottom of the seat frame (portions of 42 form such an arrangement), and the bottom plate of the housing is equipped with an air inlet (opening; see figures); the fan is positioned in an upper part of the housing (at least generally); and a top of the housing is open, serving as an air outlet (at upper portions).
Regarding claim 6, Vigo discloses a device as explained above but does not disclose details about housing shape. Changes in component shape require only routine skill in the art and it accordingly would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a concave curve on the bottom plate based on normal variation to improve function, fit, and comfort for various users.
Regarding claim 7, Vigo discloses a device as explained above and further discloses a partition (at a top of 10 and/or below the fan for instance; see figures) is horizontally arranged within the seat frame, dividing the cavity inside the seat frame into an upper first chamber and a lower second chamber (see figures); the bottom plate of the housing is positioned at a bottom of the second chamber (at least generally), while the top of the housing extends through the partition into the first chamber (see figures), but does not disclose a circuit board and battery arrangement and may not clearly disclose the components located as claimed. DC circuit boards controlling power to a fan from a battery within a box and having a charging port are old and well-known. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide such an arrangement to power Vigo’s device because this is a simple, cheap, and versatile arrangement commonly implemented to ensure proper operation and user convenience. Regarding the arrangement of components, rearrangement of components requires only routine skill in the art and it accordingly would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to arrange the components as claimed based on normal variation to improve manufacture, packaging, and comfort for various users
Claim(s) 4 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vigo in view of Yoneno (US Patent Number 7581584). Vigo discloses a device as explained above but does not disclose a filter or perforated plate. Yoneno discloses a related device including a filter (of 51, which is disclosed as including a ceramic filter arrangement) is arranged within a housing, located below a fan (at least in part and/or based on perspective), and further discloses a perforated plate is horizontally arranged within a seat frame, positioned above an air supply component (the upper surface of the seat forms such an arrangement). 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 filter and perforated plate as taught by Yoneno in Vigo’s device because this could improve user safety, comfort, and enjoyment.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vigo in view of Yoneno and further in view of Andrix et al. (US Patent Application Publication Number 2017/0135490). Vigo, modified as described, discloses a device as explained above but does not disclose a vibration-damping device. Andrix discloses a related device including a vibration-damping device installed within a housing (see paragraph 51). 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 vibration-damping device as taught by Andrix in Vigo’s device as previously modified because this could improve alignment as well as user comfort and enjoyment. Note that while the combination is viewed as providing the elements arranged as claimed (i.e. vibration-damping device below the filter) based on the arrangement of the reference devices, even if this were not clear, rearrangement of components requires only routine skill in the art and it accordingly would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to arrange the components as claimed based on normal variation to improve manufacture, packaging, and comfort for various users.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vigo in view of Van Doornewaard et al. (US Patent Number 11779127). Vigo, modified as explained above, discloses a device as explained above but does not disclose sound-absorbing material. Van Doornewaard discloses a related device including sound-absorbing material laid on inner surfaces (see at least the third full paragraph of column 6). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide sound-absorbing material as taught by Van Doornewaard in Vigo’s device as previously modified because this could improve user comfort and enjoyment.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vigo in view of Choi (US Patent Number 6826789). Vigo discloses a device as explained above but does not disclose a heating plate. Choi discloses a related device including an electric radiation heating plate (10) arranged on a front side of a seat frame. 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 heating plate as taught by Choi in Vigo’s device because this could improve user comfort and enjoyment.
Response to Arguments
Applicant’s arguments, see remarks, filed 12 August, with respect to the objections and 35 USC 112 rejections have been fully considered and are persuasive. These objections and rejections have been withdrawn.
Applicant’s arguments with respect to the art rejections have been considered but are moot in view of the new grounds of rejection necessitated by Applicant’s amendment.
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 PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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/PHILIP F GABLER/ Primary Examiner, Art Unit 3636
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