UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/482,046
`
`04/07/2017
`
`Hiroyuki OGINO
`
`20240.0043USD1
`
`6642
`
`53148
`
`759°
`
`0418/2018
`
`HAMRE, SCHUMANN, MUELLER & LARSON RC.
`45 South Seventh Street
`Suite 2700
`
`MINNEAPOLIS, MINNESOTA 55402-1683
`UNITED STATES OF AMERICA
`
`ALLRED' DAVID E
`
`3636
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`04/18/2018
`
`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`PTOMail@hsml.eom
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`PTOL-90A (Rev. 04/07)
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`

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`Off/09 A0170” Summary
`
`Application No.
`15/482,046
`Examiner
`DAVID E ALLRED
`
`Applicant(s)
`OGINO et al.
`Art Unit
`3636
`
`AIA Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
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`1). Responsive to communication(s) filed on 07 April 2017.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3). An election was made by the applicant in response to a restriction requirement set forth during the interview on
`10 April 2018; the restriction requirement and election have been incorporated into this action.
`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)
`Claim(s)
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`20—27 is/are pending in the application.
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`5a) Of the above claim(s) 24-26 is/are withdrawn from consideration.
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`E] Claim(s) _ is/are allowed.
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`Claim(s) 20—23 and 27 is/are rejected.
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`E] Claim(s) _
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`is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`Claim(s) 20-27 are subject to restriction and/or election requirement
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`httpfiwww.usptogovlpatentslinit_events[pph[index.'§p or send an inquiry to PPeredhagk@usptg.ggv.
`
`Application Papers
`10)E] The specification is objected to by the Examiner.
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`11)E] The drawing(s) filed on
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`is/are: a)[:] accepted or b)[j objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)C] Some”
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`c)CI None of the:
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`1..
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`Certified copies of the priority documents have been received.
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`2.|:]
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`Certified copies of the priority documents have been received in Application No.
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`3C] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
`
`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) D Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20180414
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`

`

`Application/Control Number: 15/482,046
`Art Unit: 3636
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`Page 2
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`The present application,
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`filed on or after March 16, 2013, is being examined under
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`the first inventor to file provisions of the AIA.
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`DETAILED A C TION
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`Election/Restriction
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`None of the claim(s)
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`is/are generic to the following disclosed patentably distinct
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`species:
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`1.
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`Figures 1-5;
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`II.
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`Figures 6-8;
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`III.
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`Figure 9;
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`IV.
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`Figures 10-11;
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`V.
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`Figures 12-13;
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`VI.
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`Figures 14-16; and
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`VII.
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`Figures 17-20.
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`The species are independent or distinct because as disclosed the diiferent species
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`have mutually exclusive characteristics for each identified species. In particular, each of
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`the species includes structural details that would not be implemented simultaneously with
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`any of the other species.
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`In addition,
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`these species are not obvious variants of each other
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`based on the current record.
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`

`

`Application/Control Number: 15/482,046
`Art Unit: 3636
`
`Page 3
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`Applicant
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`is required under 35 U.S.C. 121 to elect a single disclosed species, or a
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`single grouping of patentably indistinct species, for prosecution on the merits to which
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`the claims shall be restricted if no generic claim is finally held to be allowable.
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`There is a search and/or examination burden for the patentably distinct species as
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`set forth above because one or more of the following reasons apply:
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`(a) the inventions have acquired a separate status in the art in view of their
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`different classification;
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`(b) the inventions have acquired a separate status in the art due to their recognized
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`divergent subject matter;
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`(c) the inventions require a different field of search (for example, searching
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`different classes/subclasses or electronic resources, or employing different
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`search queries);
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`(d) the prior art applicable to one invention would not likely be applicable to
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`another invention;
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`(e) the inventions are likely to raise different non-prior art issues under 35 U.S.C.
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`101 and/or 35 U.S.C. 112, first paragraph.
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`Applicant
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`is advised that the reply to this requirement to be complete must
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`include (i) an election of a species or a grouping of patentably indistinct species to be
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`examined even though the requirement may be traversed (37 CFR 1.143) and (ii)
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`identification of the claims encompassing the elected species or grouping of patentably
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`indistinct species, including any claims subsequently added. An argument
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`that aclaim is
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`

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`Application/Control Number: 15/482,046
`Art Unit: 3636
`
`Page 4
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`allowable or that all claims are generic is considered nonresponsive unless accompanied
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`by an election.
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`The election may be made with or without
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`traverse. To preserve alight to petition,
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`the election must be made with traverse. If the reply does not distinctly and specifically
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`point out supposed errors in the election of species requirement,
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`the election shall be
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`treated as an election without
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`traverse. Traversal must be presented at the time of election
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`in order to be considered timely. Failure to timely traverse the requirement will result in
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`the loss of right
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`to petition under 37 CFR 1.144. If claims are added after the election,
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`applicant must indicate which of these claims are readable on the elected species or
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`grouping of patentably indistinct species.
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`Should applicant
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`traverse on the ground that the species, or groupings of
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`patentably indistinct species fiom which election is required, are not patentably distinct,
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`applicant should submit evidence or identify such evidence now of record showing the
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`species to be obvious variants or clearly admit on the record that this is the case. In either
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`instance,
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`if the examiner finds one of the species unpatentable over the prior art, the
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`evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35
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`U.S.C. 103(a) of the other species.
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`Upon the allowance of a generic claim, applicant will be entitled to consideration
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`of claims to additional species which depend fiom or otherwise require all the limitations
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`of an allowable generic claim as provided by 37 CFR 1.141.
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`During atelephone conversation with Douglas Mueller on 10 Jan 2018 a
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`provisional election was made without
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`traverse to prosecute the invention of species I,
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`

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`Application/Control Number: 15/482,046
`Art Unit: 3636
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`Page 5
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`Figures l-5. Affirmation of this election must be made by applicant
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`in replying to this
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`Office action. Claims 24-26 are withdrawn fiom further consideration by the examiner,
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`37 CFR l.l42(b), as being drawn to a non-elected invention.
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`Applicant
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`is reminded that upon the cancellation of claims to a non-elected
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`invention,
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`the inventorship must be corrected in compliance with 37 CFR l.48(a) if one
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`or more of the currently named inventors is no longer an inventor of at least one claim
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`remaining in the application. A request to correct inventorship under 37 CFR l.48(a)
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`must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that
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`identifies each inventor by his or her legal name and by the processing fee required under
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`37 CFR l.l7(i).
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`Claim Rejections - 35 USC § 112
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`The following is a quotation of 35 U.S.C. ll2 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointingout and distinctly
`claiming the subject matter which the applicant regards as his invention.
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`Claims 20-23 and 27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. ll2 (pre-
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`AIA), second paragraph, as being indefinite for failing to particularly point out and
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`distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA
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`the applicant regards as the invention for the following reasons:
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`Claim 20, line 10, “brown” is confusing;
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`Claim 21, line 2, “wide” is arelative term without any comparison to another
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`claimed element such that it renders the claim indefinite; and
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`Claims 22-23 and 27 are indefinite as depending fiom an indefinite claim
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`

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`Application/Control Number: 15/482,046
`Art Unit: 3636
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`Page 6
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Oflice action:
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`A patent for a claimed invention may not be obtained, notwithstandingthat 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.
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`Claims 20-23 and 27 is/are rejected under 35 U.S.C. 103 as being
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`unpatentable over Toyota (JP 2012-183154) in View of Yoshida (JP 2011-126329).
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`Toyota shows a heating device in a vehicle seat with an air feeder 7 that
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`necessarily includes a suction opening on an underside of a fiont portion of the vehicle
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`seat, a warm air generator comprising aheater 8 positioned downstream of the air feeder
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`7, a blow-out unit 4C forward of the warm air generator, and the blow-out unit blows
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`warm air out fiom a position above the suction opening. However, Toyota lacks any
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`disclosure of the orientation of the suction opening.
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`On the other hand, Yoshida shows a heater for blowing warm air out forwardly
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`and downward on an underside of a forward portion of a vehicle seat similar to that of
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`Toyota, and Yoshida further has asuction opening comprising an opening ata lower end
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`of element 4 in Figure 2, wherein the suction opening faces downward.
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`Although it is also considered an obvious matter of design choice,
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`it would also
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`have been obvious in light of the teachings of Yoshida to provide the suction opening of
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`

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`Application/Control Number: 15/482,046
`Art Unit: 3636
`
`Page 7
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`air feeder 7 of Toyota facing downward because doing so would provide the benefit of
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`avoiding entry of debris falling under the influence of gravity.
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`A copy of the claim is provided below with parenthetical explanations and/or
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`reference numerals showing how each of the claimed features is met.
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`20.
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`(New) An in-vehicle heating device comprising:
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`an air feeder (7 of Toyota) positioned at a fiont reverse side of a seat cushion
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`serving as a seating unit of a vehicle seat and including a suction opening through which
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`external air is sucked into the air feeder,
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`the suction opening being provided facing
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`downward (in accordance with the statement of obviousne ss above);
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`a warm air generator positioned downstream of the air feeder and including a
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`heater (8 of Toyota) therein,
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`the warm air generator being configured to heat an air flow
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`fiom the air feeder to generate warm air; and
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`ablow- out unit (4C of Toyota) positioned forward of the warm air generator,
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`the
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`blow-out unit being configured to blow out the warm air fiom the warm air generator,
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`such that the warm air is brown out forward of the seat cushion (as best understood in
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`light of the indefiniteness), wherein
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`the blow-out unit is configured to blow out the warm air forward fiom a position
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`above the suction opening (as shown at 8A in Figure 5 of Toyota).
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`With regard to claim 21, Toyota shows and discloses most of the details, and in
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`practice the blow-out unit most likely include a flat shape that is wide in a width
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`

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`Application/Control Number: 15/482,046
`Art Unit: 3636
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`Page 8
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`direction. However, Toyota lacks expressly showing or descrrbing the shape of the blow-
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`out unit 4C.
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`On the other hand, Yoshida shows ablow-out unit 8 that has aflat shape that is
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`wide in a width direction and has less thickness than ducting upstream at 4, as shown in
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`Figures 1 and 3.
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`It would have been obvious to apply the ducting shapes taught by Yoshida,
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`including the blow-out unit 8 shape, to the ducting and blow-out unit 4C of Toyota
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`because doing so would provide the benefit of more widely distributing the heated air
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`across a width of the seat and maintaining good flow of the warm air by making the
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`thickness of the blow-out unit less than the ducting upstream,
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`including the ducting
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`thickness at the warm air generator.
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`A copy of the claims is provided below with parenthetical explanations and/or
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`reference numerals showing how each of the claimed features is met.
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`21.
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`(New) The in-vehicle heating device according to claim 20, wherein
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`the blow-out unit has a flat shape that is wide in a width direction of the seat
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`cushion (as shown in Figure l of Yoshida),
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`the blow-out unit has a thickness less than that of the warm air generator (as
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`shown by the comparison of the thickness of element 6 and 8, as compared with element
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`4 of Yoshida), and an interior of the blow-out unit serves as a warm air passage, through
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`which the warm air fiom the warm air generator flows, and
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`a fiont end of the blow-out unit
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`is disposed at a position that is above the suction
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`opening (as shown in Figure 5, blow-out unit 4C of Toyota is above the whole air feeder
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`

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`Application/Control Number: 15/482,046
`Art Unit: 3636
`
`Page 9
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`7, including its suction opening) and that is at afiont of the seat cushion (as shown in
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`Figure 5 of Toyota), and a blow-out opening (at 4C of Toyota) configured to blow out the
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`warm air is provided at the fiont end of the blow-out unit.
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`22.
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`(New) The in-vehicle heating device according to claim 21, wherein
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`the blow-out opening is provided facing diagonally downward at the fiont of the
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`seat cushion (as shown in Figure 5 of Toyota).
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`23.
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`(New) The in-vehicle heating device according to claim 21, wherein
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`the blow-out opening is configured as a slit- shaped opening, which is wide in the
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`width direction of the seat cushion (as shown in Figure l of Yoshida).
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`27. (New) The in-vehicle heating device according to claim 20, wherein
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`the heater is provided in the warm air generator such that the heater extends in a
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`manner to cross an air-feedin g direction fiom the air feeder (as shown at 8 in Figure 5 of
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`Toyota), and
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`in the warm air generator, a straightening member configured to direct the air flow
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`fiom the air feeder toward the heater is provided at aposition rearward of the heater
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`(where duct 7A may be considered part of the warm air generator such that the straight
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`section of 7A is rearward of the heater 8, as shown in Figure 5, and is upstream fiom the
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`heater 8 to direct air flow fiom the air feeder 7 toward the heater 8).
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`

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`Application/Control Number: 15/482,046
`Art Unit: 3636
`
`Page 10
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`Conclusion
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`The prior art made of record and not relied upon is considered pertinent
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`to
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`applicant's disclosure.
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`Any inquiry concerning this communication or earlier communications fiom the
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`examiner should be directed to DAVID E ALLRED whose telephone number is
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`(571)272-7833. The examiner can normally be reached on Mon-Fri, 9-5230.
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`Examiner interviews are available via telephone,
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`in-person, and video
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`conferencing using a USPTO supplied web-based collaboration too]. To schedule an
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`interview, applicant
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`is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at htth/www.uspto. gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful,
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`the examiner’s
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`supervisor, David RDunn can be reached on 571-272-6670. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained fiom the Patent
`
`Application Information Retrieval (PAIR) system Status information for published
`
`applications may be obtained fiom either Private PAIR or Public PAIR. Status
`
`information for unpublished applications is available through Private PAIR only. For
`
`more information about the PAIR system, see htth/pair-direct.uspto.gov. Should you
`
`have questions on access to the Private PAIR system, contact the Electronic Business
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`Center (EBC) at 866-217-9197 (toll-flee).
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`If you would like assistance fiom a USPTO
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`

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`Application/Control Number: 15/482,046
`Art Unit: 3636
`
`Page 11
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`Customer Service Representative or access to the automated information system, call
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`800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`DAVID E. ALLRED
`
`Primary Examiner
`Art Unit 3636
`
`[DAVID E ALLRED/
`
`Primary Examiner, ArtUnit 3636
`
`