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 .
Drawings
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 “sub-assembly”, “pocket” “camera or laser”, ‘pull-through line” “toggle closure” as claimed in claims 5-9 and 13-20 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6-9 and 18-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 6-8 and 18 recite a limitation of sub-assembly. However, the specification fail to disclose any sub-assembly.
Claims 8 and 9 recite the limitations of “pocket”. However, there is no support for a pocket in the specification.
Claims 19 recite the limitations of inspecting the seat with camera or laser. However, there is no support for these limitations in the specification.
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.
Claim 4 is 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.
Regarding claim 4, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claim 4 recite the limitations of e.g. which is being treated as “for example”.
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) 1, 2, 4-7, 10-12, 18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi (US 2023/0365041).
Regarding claim 1, Yamauchi et al. disclose a seat system 201 comprising: a plurality of seat components including at least a fan 239, inflatable bladders 209, a foam layer 219, and an air distribution layer 217; a seat cushioning material 216; a trim cover 214 disposed on the seat cushioning material, the seat components disposed between the seat cushioning material and the trim cover and secured together with at least one fastener 80 (similar fastening is present in fig 13A).
However, fig. 13A of Yamauchi fails to disclose a heat mat. Instead, Yamauchi in fig. 3 discloses a heat mat 38. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Yamauchi fig. 3 and include a heat wire in the invention Yamauchi fig 13A in order to provide additional comfort with low cost.
Regarding claim 2, Yamauchi discloses a corrugated joint (see figure 2 where the fastener 80 is connected to the trim member) between the trim cover and the seat cushioning material.
Regarding claim 4, Yamauchi discloses the foam layer has one or more cavities 240 (e.g., a bulk space recessed into the surface, not a void cell in the foam), and the inflatable bladders 209 are disposed in the one or more cavities.
Regarding claim 5, Yamauchi discloses the at least one fastener 80 is selected from the group consisting of a key and tab that interlock (hook and wire functions as key and tab), a plurality of tag pins, a sewn seam, a snap lock, a push-fastener fir-tree, a cable tie, a metal ring, a push pin, a toggle closure, and combinations thereof.
Regarding claim 6, Yamauchi discloses the seat components together provide a seat component sub-assembly, and the at least one fastener 80 secures the seat component sub-assembly and the trim cover together 214.
Regarding claim 7, Yamauchi discloses the seat sub-assembly is sealed to be airtight.
Regarding claim 10, Yamauchi discloses the seat cushioning material has a first side and a second side opposite the first side, the first side includes one or more cavities (where the component 217 sits).
Regarding claim 11, Yamauchi discloses at least one of the seat components 227 is nested with one or more of the cavities.
Regarding claim 12, Yamauchi discloses the seat cushioning material is multi-layered (216, 217, 219).
Regarding claim 18, Yamauchi in fig 13A discloses a method comprising: stacking together least a fan 239, inflatable bladders 209, a foam layer 219, and an air distribution layer 217 to form a seat component sub-assembly; securing the seat component sub-assembly together with at least one fastener 80; securing the seat component sub-assembly with a trim cover 214; and securing the trim cover with the seat component sub-assembly to a seat cushioning material 216, the seat component sub-assembly disposed between the seat cushioning material and the trim cover.
However, fig. 13A of Yamauchi fails to disclose a heat mat. Instead, Yamauchi in fig. 3 discloses a heat mat 38. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Yamauchi fig. 3 and include a heat wire in the invention Yamauchi fig 13A in order to provide additional comfort with low cost.
Regarding claim 20, Yamauchi the seat cushioning material 216 has a first side and a second side opposite the first side, the first side including one or more cavities (where the component 217 sits), and including bringing together the seat component sub-assembly 227 and the seat cushioning material, wherein upon bringing the seat component sub-assembly and the seat cushioning material together includes one or more portions of the seat component sub-assembly nesting into the one or more cavities in the seat cushioning material.
Claim(s) 3, 8, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi in view of Friderich (US 2020/0070696).
Regarding claim 3, Friderich discloses the fan 14a-c is embedded in the seat cushioning material 22.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Friedrich and embed the fan in the cushioning material in invention of Yamauchi in order to make it compact and inexpensive.
Regarding claim 8, Fridreich discloses the seat component sub-assembly includes a pocket 30 and the fan 14a-c is disposed in the pocket.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Friedrich and embed the fan in a pocket in the cushioning material in invention of Yamauchi in order to make it compact and inexpensive.
Regarding claim 17, Fridreich discloses the fan 14a-c defines a fan profile and the one or more cavities 30 has a cavity geometry that is analogous to the fan profile.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Friedrich and embed the fan in the cushioning material in invention of Yamauchi in order to make it compact and inexpensive.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi in view of Worlitz et al. (9,302,601).
Regarding claim 9, Worlitz et al. disclose the trim cover includes a pocket 5 and at least one of the seat components is disposed in the pocket.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Worlitz et al. and use a pocket in the in invention of Yamauchi in order to make it compact and to provide protection.
Claim(s) 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi in view of Booth et al. (US 2019/0368078).
Regarding claims 13-16, Booth et al. disclose the seat cushioning material and/or the seat components include an alignment feature 30, wherein the alignment feature includes a pull-though line 304 connected with the seat components and extending through the seat cushioning material whereupon tensioning of the pull-through line brings the seat components into alignment with the seat cushioning material, wherein the pull-through line is elastic 308, wherein the pull-through line includes a toggle closure (fig. 35).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Booth et al. and use the alignment feature in the invention of Yamauchi because it simple, efficient and inexpensive.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi in view of Bowlus (US 2016/0171859).
Regarding claim 19, Bowlus discloses dimensionally inspecting the seat system using at least one of a camera or a laser (para 0042).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Bowlus and use camera inspection in the invention of Yamauchi in order to reset any settings.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED A ISLAM whose telephone number is (571)272-7768. The examiner can normally be reached 10am-10pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SYED A ISLAM/Primary Examiner, Art Unit 3636
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