Prosecution Insights
Last updated: October 25, 2026
Application No. 19/081,868

FOAM-IN-PLACE ELECTRO-THERMAL CONVERSION DEVICE

Non-Final OA §102
Filed
Mar 17, 2025
Priority
Mar 15, 2024 — provisional 63/565,712
Examiner
KIM, SHIN H
Art Unit
3636
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Promethient Inc.
OA Round
1 (Non-Final)
65%
Grant Probability
Moderate
1-2
OA Rounds
7m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allowance Rate
762 granted / 1180 resolved
+12.6% vs TC avg
Moderate +12% lift
Without
With
+11.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
23 currently pending
Career history
1209
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
56.9%
+16.9% vs TC avg
§102
26.3%
-13.7% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1180 resolved cases

Office Action

§102
DETAILED ACTION 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 § 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) 1-4, 6, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mladen Humer U.S. Paetnt Publication 2018/0272836 A1 (Humer). Regarding claim 1, Humer discloses a cushioned thermal module for a seat (Figure 1 Element 10), the cushioned thermal module comprising: an electro-thermal conversion device configured to move heat to or from a conductive surface in response to applying a low voltage current ([0031-0032]); a composite structure thermally coupled with the conductive surface of the electro- thermal conversion device ([0026]), the composite structure comprising a graphene material (Element 30); and a foam structure encasing the electro-thermal conversion device and defining a seat support surface (Figure 1-4 Element 34), wherein the composite structure is at least partially disposed over the seat support surface, and wherein the composite structure is configured to conductively transfer heat between the electro-thermal conversion device and a seat cover disposed over the seat support surface. Regarding claim 2, Humer discloses the cushioned thermal module wherein the composite structure comprises a flexible panel having a first portion disposed over the seat support surface and a second portion suspended inside the foam structure (Figure 1-4 Element 30 within Element 34, [0026]). Regarding claims 3 and 4, Humer discloses the cushioned thermal module wherein the graphene material flexibly extends between the first portion and the second portion of the flexible panel; wherein the second portion of the flexible panel is thermally coupled with the conductive surface (Figure 2-4). Regarding claim 6, Humer discloses the cushioned thermal module wherein the foam structure is molded around the electro-thermal conversion device ([0036]). Regarding claim 14, Humer discloses the cushioned thermal module wherein the electro-thermal conversion device is provided in at least one of a seat back and a seat cushion of a seating system (figure 1). Allowable Subject Matter Claims 16-20 are allowed. Claims 5, 7-13, and 15 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIN H KIM whose telephone number is (571)272-7788. The examiner can normally be reached Monday-Friday 9AM-6PM. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SHIN H KIM/Primary Examiner, Art Unit 3636
Read full office action

Prosecution Timeline

Mar 17, 2025
Application Filed
Oct 02, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12765675
Rolling Pump Up Chair with Handle Device
2y 3m to grant Granted Oct 20, 2026
Patent 12758022
VERTICAL PULLDOWN MACHINE
2y 3m to grant Granted Oct 13, 2026
Patent 12759438
SWIVEL MECHANISM WITH DUAL FUNCTION BEARING PLATE
1y 10m to grant Granted Oct 13, 2026
Patent 12753557
ROADWAY SAFETY DEVICE
2y 3m to grant Granted Oct 06, 2026
Patent 12752670
LONGITUDINAL SEAT-ADJUSTMENT DEVICE AND VEHICLE SEAT
1y 9m to grant Granted Oct 06, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
65%
Grant Probability
76%
With Interview (+11.6%)
2y 2m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1180 resolved cases by this examiner. Grant probability derived from career allowance rate.

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