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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the written description fails to define the limitation "amounts of concavity", recited in claim 29.
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 26 and 29 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 26 recites that the rear end of the cover member (designated 200, figs. 4-5) has a “shape recessed frontward”. This recitation is confusing because although the rear end of the cover member has recesses of multiple shapes, it is unclear how the term “frontward” is meant to define the rear end shape. The specification recites the term “frontward” with respect to the structure for attaching the blower and duct (pg. 16) but not with respect to the cover member.
Claim 29 recites the limitation “amounts of concavity” to define each of the “recess portions”; however, in light of the specification (which is silent on this limitation), it is unclear what structural feature of the recess portions this limitation is meant to define.
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.
Claim(s) 21, 23, 26 and 28-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe (US 2016/0207431).
Claim 21- Abe discloses a seat comprising a seat pad (200) and a blower (¶ 52), the seat pad including an air flow passage (comprising through-hole 211, air vent slot 221), and the blower being connected to the air flow passage, wherein the seat pad comprises:
a pad body (210);
a cover member (comprising cover member 20 and second body portion 220) disposed on the pad body (figs. 11-12); and
a left tuck-in groove and a right tuck-in groove (1C, configured to receive attachment wire 50) that allow an outer skin material (2) to be tucked therein (fig. 12);
wherein the cover member (20, 220) includes a plurality of recess portions (10C) located on a left side surface of the cover member and a plurality of recess portions (10C) located on a right side surface of the cover member (not shown, ¶ 57), and
wherein the recess portions are provided along the tuck-in grooves (figs. 11-12).
Claim 23- Abe discloses the seat according to claim 21, wherein the recess portions (10C) located on the left side surface of the cover member include a first recess portion and a second recess portion aligned with each other along the left tuck-in groove (the top view in fig. 11 shows the holes 10C disposed in series along the second depression 12 adjacent the groove 1C and the bulging portion 10S), and the recess portions located on the right side surface of the cover member (not illustrated in fig. 11) include a first recess portion and a second recess portion aligned with each other along the right tuck-in groove (the right side of the seat being a mirrored structure of the left side of the seat).
Claim 26 (as best understood)- Abe discloses the seat according to claim 21, wherein the rear end of the cover member (fig. 13) has a tapered recess (air passage 1A) with a vertical surface (222) that is angled forward.
Claim 28- Abe discloses the seat according to claim 21, wherein positions of the recess portions (10C) in a direction from an occupant-side of the seat toward a side of the seat opposite to the occupant-side of the seat (vertical direction) overlap positions of the tuck-in grooves (1C) in the direction from the occupant-side of the seat toward the side of the seat opposite to the occupant-side of the seat (fig. 12, as the holes 10C are formed in the grooves, they are considered to be in overlap with the grooves).
Claim 29 (as best understood)- Abe discloses the seat according to claim 21, wherein the pad body has a ventilation hole (211) extending (vertically) through the pad body from an occupant-side of the seat toward a side of the seat opposite to the occupant-side of the seat, and wherein amounts of concavity of each of the recess portions (10C) are smaller than a length of the ventilation hole in the lateral direction, as viewed from the occupant side of the seat (figs. 11 & 12 best illustrate that the hole 10C is substantially smaller than the hole 211).
Claim 30- Abe discloses a method of manufacturing a seat, the method comprising:
providing a seat pad (200) including an air flow passage (211, 221), and comprising: a pad body (210); a cover member (20, 220) disposed on the pad body; and a left tuck-in groove and a right tuck-in groove (1C) that allow an outer skin material (2) to be tucked therein (fig. 12), and
connecting a blower to the air flow passage (¶ 52),
wherein the cover member includes a plurality of recess portions (10C) located on a left side surface of the cover member (fig. 11) and a plurality of recess portions (10C) located on a right side surface of the cover member (fig. 12), and
wherein the recess portions are provided along the tuck-in grooves (fig. 11, ¶ 57).
Allowable Subject Matter
Claims 22, 24-25 and 27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/T.A./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
