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 .
Response to Amendment
Claim 15 have been amended.
Claim 7 and 12 has been cancelled.
Claims 24-25 are new.
Claims 1-2 and 4-6, 8-11, 13-15, 17-20, and 22-25 are currently pending.
In the official correspondence below in any instance that prior art previously applied has been removed and new prior art has been applied does not suggest that the amendments overcame the prior art of record in all instances, but to remove art with duplicative/overlapping teaching in light of amendments received 03-25-2026.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4-6, and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Slungare (US 20170120776 A1) in view of Ohtsubo (US 20090088930 A1) and in further view of Edwards (US 3778103 A) in further view of Pline (US 20200298731 A1).
REGARDING CLAIM 1, Slungare discloses, a seat (Slungare: [FIG. 3E (102)]); a seatback (Slungare: [FIG. 3 (103)]); a sliding assembly comprising: a slide track configured to horizontally translate the seating assembly (Slungare: [FIG. 2BC]; [FIG. 3A(120)(140)]; [0024]; [0027]); and a third actuator coupled with the slide track and configured to horizontally translate the seating assembly (Slungare: [0024]); [0031]; [0041-0045]); a sensor configured to sense adjacent surface data of the vehicle (Slungare: [0028]; [0031]; [0047]); [Claim 50]); and a controller configured to receive the adjacent surface data from the sensor (Slungare: [0006]; [0027-0028]; [0047]; [0049]; (see at least “transition corridor” [ABS], [0029], [0050])), wherein the controller is further configured to (Slungare: [0049]) activate the sliding assembly in accordance with a configuration path derived by the controller (Slungare: [0006]; [0027-0028]; [0047]; [0049]; (see at least “transition corridor” [ABS], [0029], [0050])), at least in part, from the adjacent surface data (Slungare: [0006]; [0027-0028]; [0047]; [0049]; (see at least “transition corridor” [ABS], [0029], [0050])).
Slungare does not explicitly disclose, a pivoting assembly, configured to change the angle between the seat and the seatback, and comprising a first actuator, a lifting assembly, configured to increase or decrease the vertical position of the seat, and comprising a second actuator; activate the pivoting assembly, the lifting assembly.
However, in the same field of endeavor, Ohtsubo discloses, a pivoting assembly, configured to change the angle between the seat and the seatback (Ohtsubo: [0067]), and comprising a first actuator (Ohtsubo: [0083]); a lifting assembly, configured to increase or decrease the vertical position of the seat (Ohtsubo: [0066]), and comprising a second actuator (Ohtsubo: [0083]); activate the pivoting assembly (Ohtsubo: [0083]), the lifting assembly (Ohtsubo: [0083]), for the benefit of achieving an optimal driving position in conformity to a body size of a driver.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the seat disclosed by Slungare to include a motorized lifting assembly taught by Ohtsubo. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to achieve an optimal driving position in conformity to a body size of a driver.
Slungare, as modified, discloses reclining a seatback, implying or suggesting a seatback actuator (Ohtsubo: [0067]).
Slungare, as modified, does not explicitly disclose, wherein the first actuator is configured to change an angle between the seat and the seatback; wherein the second actuator is configured to change the vertical position of the seat wherein the activation of the second actuator of the lifting assembly occurs in response to the activation of the first actuator of the pivoting assembly.
However, in the same field of endeavor, Edwards discloses, wherein the first actuator is configured to change an angle between the seat and the seatback (Edwards: [ABS]); wherein the second actuator is configured to change the vertical position of the seat (Edwards: [ABS]; (Col. 3, Ln. 57-63)), wherein the activation of the second actuator of the lifting assembly occurs in response to the activation of the first actuator of the pivoting assembly (Edwards: (Col. 1, Ln. 01-46); [Claim 1]), for the benefit of providing easy to use vehicle seating.
Edwards does not explicitly recite the terminology “the second actuator of the lifting assembly occurs in response to the activation of the first actuator of the pivoting assembly”. However, Edwards does disclose seat bottom and seat back actuators (a device, apparatus, or mechanism that causes a device, apparatus, or mechanism to operate) working in unison for lifting and tilting/pivoting. Further, routine optimization/customization through routine experimentation will not support the patentability of subject matter encompassed by the prior art where the general conditions of a claim are disclosed in the prior art … it is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions (see MPEP 2144.05.II.A).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the seat disclosed by a modified Slungare to include more actuators and simultaneous actuation taught by Edwards. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to provide easy to use vehicle seating.
Slungare, as modified, discloses a controller configured to receive the adjacent surface data from the sensor, wherein the controller is further configured to actuate the actuator in accordance with a configuration path derived by the controller from the adjacent surface data. Slungare, as modified, does not explicitly disclose, to rotate the seating assembly between a forward facing mode and a rearward facing mode past the adjacent surface.
However, in the same field of endeavor, Pline discloses, the controller is further configured to actuate the actuator to rotate the seating assembly between a forward facing mode and a rearward facing mode past the adjacent surface (Pline: [0036] FIG. 1 illustrates a system 100 for rotating a vehicle seat with a child seat; [FIG. 3(A and B)]; [FIG. 6]), for the benefit of supporting seating needs for example supporting infant seating.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the seat disclosed by a modified Slungare to include a rear facing arrangement taught by Pline. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to support seating needs for example supporting infant seating.
REGARDING CLAIM 2, Slungare, as modified, remains as applied above to claim 1, and further, Slungare also discloses, a swiveling assembly comprising (Slungare: [ABS]): a mounting plate coupled with a slide track (Slungare: [0005]); a base plate coupled with an interior floor of the vehicle (Slungare: [0003]); and a swivel ring extending between the mounting plate and the base plate (Slungare: [0003]), wherein the swivel ring is coupled with a underside of the mounting plate (Slungare: [FIG. 6, 9]), and further wherein the swivel ring is coupled with a top side of the base plate (Slungare: [FIG. 6, 9]).
REGARDING CLAIM 4, Slungare, as modified, remains as applied above to claim 2, and further, Slungare also discloses, the seating assembly further comprises: a lifting assembly comprising: the slide track configured to horizontally translate the seating assembly (Slungare: [FIG. 2BC]; [FIG. 3A(120)(140)]; [0024]; [0027]); a seat bracket (Slungare: [FIG. 3 (103)]); and a lift arm extending between the slide track and the seat bracket (Slungare: [0036]; [0044]), wherein the lift arm is coupled with the slide track and the seat bracket (Slungare: [0036]; [0044]).
REGARDING CLAIM 5, Slungare, as modified, remains as applied above to claim 4, and further, Slungare also discloses, a pivot member extending between the seat and the seatback (Slungare: figure 6; [0036])), wherein the pivot member is coupled with the seat (Slungare: figure 6; [0036]), and further wherein the pivot member is coupled with the seatback (Slungare: figure 6; [0036]).
REGARDING CLAIM 6, Slungare, as modified, remains as applied above to claim 5, and further, Slungare discloses, the controller is configured to receive the adjacent surface data from the sensor (Slungare: [0031]; [0047]; [Claim 50]), and further wherein the controller stores the data in a memory (Slungare: [0038]; [0031]; [0047]).
REGARDING CLAIM 8, Slungare, as modified, remains as applied above to claim 1, and further, Slungare also discloses, the sensor senses the adjacent surface when the seating assembly arrives at the adjacent surface (Slungare: see at least [0031] for maneuvering a vehicle seat in the vehicle cabin and maintaining clearance threshold with cabin features; [0047]; [Claim 50]).
REGARDING CLAIM 9, Slungare, as modified, remains as applied above to claim 8, and further, Pline also discloses, the sensor is operatively coupled with the actuator, and wherein the sensor senses when the actuator partially transitions the seating assembly between the forward facing mode and the rearward facing mode (Pline: [0055]; [0066]).
Claim(s) 10-11 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Slungare (US 20170120776 A1) in view of Ohtsubo (US 20090088930 A1) and Edwards (US 3778103 A).
REGARDING CLAIM 10, Slungare discloses, a pivoting assembly comprising: a seatback coupled with a pivot member (Slungare: figure 6; [0036]; [FIG. 2A, 2B] a seatback coupled with a pivot member can be observed); and a seat coupled with the pivot member (Slungare: [FIG. 2A, 2B] a seat coupled with a pivot member can be observed), a lifting assembly comprising (Slungare: [0036] the swivel assembly can provide a slight lift): a slide track (Slungare: [FIG. 2BC]; [FIG. 3A(120)(140)]; [0024]; [0027]) comprising: a receiving track (Slungare: [FIG. 9, 3E, 2C (143)(144)(124)]; (see at least “transition corridor” [ABS], [0029], [0050])); and an insertion track, wherein the insertion track is configured to actuate linearly through a guide channel formed by the receiving track, resulting in a horizontal translation of the seating assembly (Slungare: [FIG. 9, 3E, 2C (143)(144)(124)]; (see at least “transition corridor” [ABS], [0029], [0050])); a seat bracket (Slungare: [0044] seat mounting brackets 105); a second actuator (Slungare: [0024]); [0031]; [0041-0045]); a sliding assembly comprising: the slide track configured to horizontally translate the seating assembly (Slungare: [FIG. 2BC]; [FIG. 3A(120)(140)]; [0024]; [0027]), wherein the slide track is coupled with a third actuator configured to horizontally translate the seating assembly (Slungare: [0024]); [0031]; [0041-0045]); a swiveling assembly comprising: a mounting plate coupled with the slide track (Slungare: [0005]); a base plate coupled with the vehicle (Slungare: [0003]); and a swivel ring extending between the mounting plate and the base plate (Slungare: [0003]), wherein the swivel ring is coupled with a fourth actuator (Slungare: [0031]), wherein the fourth actuator is configured to actuate the swivel ring (Slungare: [0031]), wherein the swivel ring is coupled with a underside of the mounting plate (Slungare: [FIG. 3E, 6, 9]), and further wherein the swivel ring is coupled with a top side of the base plate (Slungare: [FIG. 3E, 6, 9]); a sensor configured to sense adjacent surface data of the vehicle (Slungare: [0028]; see [0031] for maneuvering a vehicle seat in the vehicle cabin and maintaining clearance threshold with a plurality of cabin features (examiner paraphrasing); [0047]); [Claim 50]); and a controller configured to receive adjacent surface data from the sensor (Slungare: [0049]), wherein the controller is configured to control (Slungare: [0047]; [0049]) the sliding assembly to transition the seating assembly from an initial mode along a configuration path toward a target mode (Slungare: [0024]; [0031]; [0041-0045]; [0047] when sensors 78 control operation of one or more of the assemblies 140, 160, 180, the sensors may define the seat's position relative to the B-pillar 74 and the transmission tunnel 79; [0049] user seat 102 is programmed, control system 199 can control the various motors and/or other components of system 100 and can be located anywhere convenient), and wherein the controller is configured to store the data of the adjacent surface of the vehicle in a memory (Slungare: [0038]; [0031]; [0047]).
Slungare does not explicitly disclose, the controller is configured to control the pivoting assembly, the lifting assembly.
However, in the same field of endeavor, Ohtsubo discloses, wherein the pivot member is coupled with a first actuator (Ohtsubo: [0083]); and a lift arm extending between the slide track and the seat bracket (Ohtsubo: [0090]; [FIG. 8(3), 13(3)]), wherein the lift arm comprises: a first end fixed to the insertion track (Ohtsubo: [0090]; [FIG. 8(3), 13(3)]); and a second end fixed to the seat bracket (Ohtsubo: [0090]; [FIG. 8(3), 13(3)]); wherein the controller is configured to control (Ohtsubo: [0083]), the pivoting assembly (Ohtsubo: [0083]), the lifting assembly (Ohtsubo: [0083]), for the benefit of achieving an optimal driving position in conformity to a body size of a driver.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the seat disclosed by Slungare to include a motorized lifting assembly taught by Ohtsubo. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to achieve an optimal driving position in conformity to a body size of a driver.
Slungare, as modified, does not explicitly disclose, wherein the first actuator is configured to change an angle between the seat and the seatback; wherein the second actuator is configured to change the vertical position of the seat; wherein an activation of the second actuator of the lifting assembly occurs in response to an activation of the pivoting first actuator of the pivoting assembly.
However, in the same field of endeavor, Edwards discloses, wherein the first actuator is configured to change an angle between the seat and the seatback (Edwards: [ABS]); wherein the second actuator is configured to change the vertical position of the seat (Edwards: [ABS]; (Col. 3, Ln. 57-63)), wherein the activation of the second actuator of the lifting assembly occurs in response to the activation of the first actuator of the pivoting assembly (Edwards: (Col. 1, Ln. 01-46); [Claim 1]), for the benefit of providing easy to use vehicle seating.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the seat disclosed by a modified Slungare to include more actuators and simultaneous actuation taught by Edwards. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to provide easy to use vehicle seating.
REGARDING CLAIM 11, Slungare, as modified, remain as applied above to claim 10, and further, Slungare also discloses, the seating assembly further comprises an intermediate plate defining an aperture (Slungare: [FIG. 3E(140), 6(140)]), wherein the swivel ring is disposed within the aperture of the intermediate plate (Slungare: [FIG. 3E, 6]).
REGARDING CLAIM 13, Slungare, as modified, remains as applied above to claim 10, and further, Slungare also discloses, the sensor senses the adjacent surface when the seating assembly arrives at the adjacent surface (Slungare: see at least [0031]; [0047]; [Claim 50]).
REGARDING CLAIM 14, Slungare, as modified, remains as applied above to claim 13, and further, Slungare also discloses, the sensor is operatively coupled with at least one of the first actuator, the second actuator, the third actuator, the fourth actuator, and the adjacent surface (Slungare: see at least [0031]; [0047]; [Claim 50]).
Claim(s) 15 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Slungare (US 20170120776 A1) in view of Ohtsubo (US 20090088930 A1), in further view of Farooq (US 20150375638 A1) and Pline (US 20200298731 A1).
REGARDING CLAIM 15, Slungare discloses, identifying with one or more of a plurality of sensors a plurality of surfaces adjacent to the seating assembly within an interior of the vehicle in sensor data (Slungare: [0028]; see [0031] for maneuvering a vehicle seat in the vehicle cabin and maintaining clearance threshold with a plurality of cabin features (examiner: paraphrasing); [0047]; [0050]; [Claim 50]; (see at least “transition corridor” [ABS], [0029], [0050])); calculating with a controller a distance between the seating assembly and the plurality of surfaces adjacent to the seating assembly in response to the seating assembly having a configuration (Slungare: [0028]; [0049]); see at least [0031] for maneuvering a vehicle seat in the vehicle cabin and maintaining clearance threshold with cabin features; [0047]; [0050]; [Claim 50]; (see at least “transition corridor” [ABS], [0029], [0050])), storing the distance between the seating assembly and the plurality of surfaces adjacent to the seating assembly in a storage component of the controller (Slungare: [0038]; [0031]; [0047]; (see at least “transition corridor” [ABS], [0029], [0050])); deriving a configuration path with the controller based on the calculated distance between the seating assembly and the plurality of surfaces adjacent to the seating assembly (Slungare: [0028]; [0049]); see at least [0031] for maneuvering a vehicle seat in the vehicle cabin and maintaining clearance threshold with cabin features; [0047]); [0050]; [Claim 50]; (see at least “transition corridor” [ABS], [0029], [0050])); deriving a transitioning configuration of the seating assembly based on the derived configuration path (Slungare: [0028]; [0049]; see at least [0031] for maneuvering a vehicle seat in the vehicle cabin and maintaining clearance threshold with cabin features; [0047]; [0050]; [Claim 50]; (see at least “transition corridor” [ABS], [0029], [0050])); controlling with the controller the configuration of the seating assembly to transition to the derived transitioning configuration (Slungare: [0028]; [0049]); see at least [0031] for maneuvering a vehicle seat in the vehicle cabin and maintaining clearance threshold with cabin features; [0047]; [0050]; [Claim 50]; (see at least “transition corridor” [ABS], [0029], [0050])), a third actuator of a sliding assembly (Slungare: [0024]; [0031]; [0041-0045]; [0047] when sensors 78 control operation of one or more of the assemblies 140, 160, 180, the sensors may define the seat's position relative to the B-pillar 74 and the transmission tunnel 79; [0049] user seat 102 is programmed, control system 199 can control the various motors and/or other components of system 100 and can be located anywhere convenient), and a fourth actuator of a swiveling assembly are activated to transition the seating assembly to the derived transitioning configuration (Slungare: [0024]; [0031]; [0041-0045]; [0047] when sensors 78 control operation of one or more of the assemblies 140, 160, 180, the sensors may define the seat's position relative to the B-pillar 74 and the transmission tunnel 79; [0049] user seat 102 is programmed, control system 199 can control the various motors and/or other components of system 100 and can be located anywhere convenient).
Slungare does not explicitly disclose, wherein a first actuator of a pivoting assembly, a second actuator of a lifting assembly, wherein the controller is further configured to activate the second actuator of the lifting assembly in response to an activation of the first actuator of the pivoting assembly.
However, in the same field of endeavor, Ohtsubo discloses, a first actuator of a pivoting assembly (Ohtsubo: [0083] In response to input of each of the instruction signals from the longitudinal-position adjusting switch 92 and the vertical-position adjusting switch 93, the control unit 95 outputs an actuation command signal to each of the drive motor 46 of the seat-position adjusting mechanism 2 and the drive motor 65 of the seated-posture adjusting mechanism 3, to perform each of a control operation of moving the seat cushion 1a of the driver seat 1 in the longitudinal direction so as to finely adjust the longitudinal position of the driver seat 1, and a control operation of finely adjusting a vertical position and an inclination angle of the seat cushion 1a and a reclining angle of the seat back 1b), a second actuator of a lifting assembly (Ohtsubo: [0083] In response to input of each of the instruction signals from the longitudinal-position adjusting switch 92 and the vertical-position adjusting switch 93, the control unit 95 outputs an actuation command signal to each of the drive motor 46 of the seat-position adjusting mechanism 2 and the drive motor 65 of the seated-posture adjusting mechanism 3, to perform each of a control operation of moving the seat cushion 1a of the driver seat 1 in the longitudinal direction so as to finely adjust the longitudinal position of the driver seat 1, and a control operation of finely adjusting a vertical position and an inclination angle of the seat cushion 1a and a reclining angle of the seat back 1b), wherein the controller is further configured to activate the second actuator of the lifting assembly in response to an activation of the first actuator of the pivoting assembly (Ohtsubo: [0113] The first embodiment has been described based on one example of a control operation configured such that the seated-posture adjusting mechanism 3 is actuated in response to the vertical-position adjusting switch 93 to finely adjust the vertical position and inclination angle of the seat cushion 1a and the reclining angle of the seat back 1b concurrently), for the benefit of achieving an optimal driving position in to a body size of a driver.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the seat disclosed by Slungare to include a motorized lifting assembly taught by Ohtsubo. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to achieve an optimal driving position in conformity to a body size of a driver.
Slungare, as modified, discloses simultaneous actuations. Slungare, as modified, does not explicitly disclose, the controller is further configured to activate the fourth actuator of the swiveling assembly in response to an activation of the second actuator of the lifting assembly, and wherein the first actuator is an electromechanical motor and the second actuator is an electromechanical motor.
However, in the same field of endeavor, Farooq discloses, the controller is further configured to activate the fourth actuator of the swiveling assembly in response to an activation of the second actuator of the lifting assembly, and wherein the first actuator is an electromechanical motor and the second actuator is an electromechanical motor (Farooq: [0020] the extension of actuator 20 can be effective to lift seat 10 by an upward force exerted on cushion 12 so as to move seat 10 from a driving height 30 (FIG. 5) to an access height 32 (FIG. 6) ... rotation of actuator 20 about axis 22 is effective to rotate seat 10 about axis 22 between a forward-facing position 34 (FIG. 5) and a side-facing position 36 (FIG. 6); [0026] actuator 20 and/or an associated control system can be capable of independently extending piston 52 from cylinder 54 and rotating piston 52 with respect to cylinder 54. Such independent movement can allow for actuator 20 to separately or sequentially raise seat 10 from driving height 30 to access height 32 (as shown in FIGS. 3 and 4) and to rotate seat from forward-facing position 34 to side-facing position 36.), for the benefit of allowing easier entering or exiting of automobile.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify a seat disclosed by a modified Slungare to include more sequential movement taught by Farooq. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to allow easier entering or exiting of automobile.
Slungare, as modified, discloses controlling with the controller the translation of the seating assembly through the derived configuration path (see at least “transition corridor” [ABS], [0029], [0050]).
Slungare, as modified, does not explicitly disclose, the configuration is an occupiable seating configuration, and further wherein the occupiable seating configuration has a mode chosen from a forward facing mode and a rearward facing mode; receiving a user input to transition the seating assembly from an initial mode chosen from the forward facing mode and the rearward facing mode toward a target mode opposite of the initial mode; and controlling with the controller the translation of the seating assembly through the derived configuration path from one occupiable seating configuration mode chosen from the forward facing mode and the rearward facing mode toward the other of the forward facing mode and the rearward facing mode.
However, in the same field of endeavor, Pline discloses, wherein the configuration is an occupiable seating configuration, and further wherein the occupiable seating configuration has a mode chosen from a forward facing mode and a rearward facing mode (Pline: [FIG. 4 and 5]); receiving a user input to transition the seating assembly from an initial mode chosen from the forward facing mode and the rearward facing mode toward a target mode opposite of the initial mode (Pline: [0019] The instructions may further include instructions to rotate the vehicle seat to a first angular position upon receiving a user input to mount the child seat); and controlling with the controller the translation of the seating assembly through the derived configuration path from one occupiable seating configuration mode chosen from the forward facing mode and the rearward facing mode toward the other of the forward facing mode and the rearward facing mode (Pline: [ABS] Vehicle seats may be rotatable away from the vehicle-forward direction, e.g., toward a center of a passenger cabin, toward a rear row of vehicle seats), for the benefit of supporting seating needs for example supporting infant seating.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the seat disclosed by a modified Slungare to include a rear facing arrangement taught by Pline. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to support seating needs for example supporting infant seating.
REGARDING CLAIM 17, Slungare, as modified, remains as applied above to claim 15, and further, Pline also discloses, detecting which mode of the forward facing mode and the rearward facing mode is the initial mode (Pline: [FIG. 6]); and in response to the mode being detected, activating a mode-specific transition of the seating assembly (Pline: [FIG. 6]).
REGARDING CLAIM 18, Slungare, as modified, remains as applied above to claim 15, and further, Slungare also discloses, identifying the adjacent surface in data in response to the seating assembly of a first configuration arriving at the adjacent surface (Slungare: see at least [0031]; [0047]; [Claim 50]).
REGARDING CLAIM 19, Slungare, as modified, remains as applied above to claim 15, and further, Slungare also discloses, controlling the configuration of the seating assembly by controlling at least one of a seatback, a seat, an armrest, a headrest, a slide track, a lift arm, and swivel ring (Slungare: [0031]).
REGARDING CLAIM 20, Slungare, as modified, remains as applied above to claim 18, and further, Slungare also discloses, controlling the configuration of the seating assembly to a second configuration in response to the seating assembly arriving at the adjacent surface (Slungare: see at least [0031] for maneuvering … ; [0047]; [Claim 50]).
Claim(s) 22 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Slungare (US 20170120776 A1) in view of Ohtsubo (US 20090088930 A1), in view of Edwards (US 3778103 A) and Pline (US 20200298731 A1) as applied to claim 2 above, and further in view of Farooq (US 20150375638 A1).
REGARDING CLAIM 22, Slungare, as modified, remains as applied above to claim 2. Further, Slungare, as modified, fails to disclose, a fourth actuator, wherein the fourth actuator is configured to actuate the swivel ring, and wherein the fourth actuator of the swiveling assembly is activated in response to an activation of the second actuator of the lifting assembly.
However, in the same field of endeavor, Farooq discloses, a fourth actuator, wherein the fourth actuator is configured to actuate the swivel ring, and wherein the fourth actuator of the swiveling assembly is activated in response to an activation of the second actuator of the lifting assembly (Farooq: [0020] the extension of actuator 20 can be effective to lift seat 10 by an upward force exerted on cushion 12 so as to move seat 10 from a driving height 30 (FIG. 5) to an access height 32 (FIG. 6). Additionally, rotation of actuator 20 about axis 22 is effective to rotate seat 10 about axis 22 between a forward-facing position 34 (FIG. 5) and a side-facing position 36 (FIG. 6). Both such raising and rotating of seat 10 by actuator 20 can present seat to door 46, thereby making ingress to and egress from automobile 26 easier for an occupant O of automobile; [0026] Further, actuator 20 and/or an associated control system can be capable of independently extending piston 52 from cylinder 54 and rotating piston 52 with respect to cylinder 54. Such independent movement can allow for actuator 20 to separately or sequentially raise seat 10 from driving height 30 to access height 32 (as shown in FIGS. 3 and 4) and to rotate seat from forward-facing position 34 to side-facing position 36 … [0027] Other variations of such sequential movement are possible, including those involving multiple steps of independent and/or simultaneous raising or lowering of seat 10 and rotation of seat 10. Mounting unit 16 can further be configured such that seat 10 is adjustable in the fore/aft direction (i.e. in longitudinal direction 60) according to at least one of the adjustment modes typically found in connection with an automobile seat, such as seat 10. Such movement can be facilitated by the slidable mounting of actuator 20 on mounting track 18 which can be driven by a separate motor (not shown) coupled between mounting track 18 and actuator 20 and connected with a control or control system that can cause such a motor to move actuator 20 along longitudinal direction 60, as desired, for example, by occupant O; [0029-0032]), for the benefit of allowing easier entering or exiting of automobile.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify a seat disclosed by a modified Slungare to include more sequential movement taught by Farooq. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to allow easier entering or exiting of automobile.
REGARDING CLAIM 24, Slungare, as modified, remains as applied above to claim 22. Further, Slungare, as modified, also discloses, the controller is further configured to cause the activation of the second actuator of the lifting assembly in response to the activation of the first actuator of the pivoting assembly (Ohtsubo: [0113]) and wherein the first actuator is an electromechanical motor (Ohtsubo: [0113]), the second actuator is an electromechanical motor (Ohtsubo: [0113]).
Slungare in view of Ohtsubo does not explicitly disclose, to cause the activation of the fourth actuator of the swiveling assembly in response to the activation of the second actuator of the lifting assembly, and the fourth actuator is an electromechanical motor.
However, in the same field of endeavor, Farooq discloses, to cause the activation of the fourth actuator of the swiveling assembly in response to the activation of the second actuator of the lifting assembly (Farooq: [0020]; [0026-0027]; [0029-0032]), and the fourth actuator is an electromechanical motor (Farooq: [0020]; [0026-0027]; [0029-0032]), for the of allowing easier entering or exiting of automobile.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify a seat disclosed by a modified Slungare to include more sequential movement taught by Farooq. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to allow easier entering or exiting of automobile.
Claim(s) 23 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Slungare (US 20170120776 A1) in view of Ohtsubo (US 20090088930 A1) and Edwards (US 3778103 A) as applied to claim 10 above, and further in view of Farooq (US 20150375638 A1).
REGARDING CLAIM 23, Slungare, as modified, remains as applied above to claim 10. Further, Slungare, as modified, fails to disclose, the fourth actuator of the swiveling assembly is activated in response to an activation of the second actuator of the lifting assembly.
However, in the same field of endeavor, Farooq discloses, the fourth actuator of the swiveling assembly is activated in response to an activation of the second actuator of the lifting assembly (Farooq: [0020] the extension of actuator 20 can be effective to lift seat 10 by an upward force exerted on cushion 12 so as to move seat 10 from a driving height 30 (FIG. 5) to an access height 32 (FIG. 6). Additionally, rotation of actuator 20 about axis 22 is effective to rotate seat 10 about axis 22 between a forward-facing position 34 (FIG. 5) and a side-facing position 36 (FIG. 6). Both such raising and rotating of seat 10 by actuator 20 can present seat to door 46, thereby making ingress to and egress from automobile 26 easier for an occupant O of automobile; [0026] Further, actuator 20 and/or an associated control system can be capable of independently extending piston 52 from cylinder 54 and rotating piston 52 with respect to cylinder 54. Such independent movement can allow for actuator 20 to separately or sequentially raise seat 10 from driving height 30 to access height 32 (as shown in FIGS. 3 and 4) and to rotate seat from forward-facing position 34 to side-facing position 36 … [0027] Other variations of such sequential movement are possible, including those involving multiple steps of independent and/or simultaneous raising or lowering of seat 10 and rotation of seat 10. Mounting unit 16 can further be configured such that seat 10 is adjustable in the fore/aft direction (i.e. in longitudinal direction 60) according to at least one of the adjustment modes typically found in connection with an automobile seat, such as seat 10. Such movement can be facilitated by the slidable mounting of actuator 20 on mounting track 18 which can be driven by a separate motor (not shown) coupled between mounting track 18 and actuator 20 and connected with a control or control system that can cause such a motor to move actuator 20 along longitudinal direction 60, as desired, for example, by occupant O; [0029-0032]), for the benefit of allowing easier entering or exiting of automobile.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify a seat disclosed by a modified Slungare to include more sequential movement taught by Farooq. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to allow easier entering or exiting of automobile.
REGARDING CLAIM 25, Slungare, as modified, remains as applied above to claim 22. Further, Slungare, as modified, also discloses, the controller is further configured to cause the activation of the second actuator of the lifting assembly in response to the activation of the first actuator of the pivoting assembly (Ohtsubo: [0113]) and wherein the first actuator is an electromechanical motor (Ohtsubo: [0113]), the second actuator is an electromechanical motor (Ohtsubo: [0113]).
Slungare in view of Ohtsubo does not explicitly disclose, to cause the activation of the fourth actuator of the swiveling assembly in response to the activation of the second actuator of the lifting assembly, and the fourth actuator is an electromechanical motor.
However, in the same field of endeavor, Farooq discloses, to cause the activation of the fourth actuator of the swiveling assembly in response to the activation of the second actuator of the lifting assembly (Farooq: [0020]; [0026-0027]; [0029-0032]), and the fourth actuator is an electromechanical motor (Farooq: [0020]; [0026-0027]; [0029-0032]), for the of allowing easier entering or exiting of automobile.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify a seat disclosed by a modified Slungare to include more sequential movement taught by Farooq. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to allow easier entering or exiting of automobile.
Response to Arguments
Applicant's arguments filed 03-25-2026, beginning on page 10, have been fully considered but they are not persuasive.
To the examiner’s best understanding, the applicant has contended that the prior art fails to disclose “wherein the first actuator is configured to change an angle between the seat and the seatback; wherein the second actuator is configured to change the vertical position of the seat wherein the activation of the second actuator of the lifting assembly occurs in response to the activation of the first actuator of the pivoting assembly” of claim 1 (also parallel limitations of claim 10). The examiner respectfully disagrees.
As cited above, Edwards does not explicitly recite the terminology “the second actuator of the lifting assembly occurs in response to the activation of the first actuator of the pivoting assembly”. However, Edwards does disclose seat bottom and seat back actuators (a device, apparatus, or mechanism that causes a device, apparatus, or mechanism to operate) working in unison for lifting and tilting/pivoting (see at least Edwards (US 3778103 A): [ABS], (Col. 3, Ln. 57-63)). Further, routine optimization/customization through routine experimentation will not support the patentability of subject matter encompassed by the prior art where the general conditions of a claim are disclosed in the prior art … it is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions (see MPEP 2144.05.II.A). Because Edwards (US 3778103 A) discloses actuators for lifting and tilting in unison (tripping the first actuator trips the second; see (Col. 3, Ln. 32-46) for cables, cams, and links actuating the seat), the examiner respectfully maintains the rejection of claims 1 (claim 10 parallel in scope and spirit) under 35 USC §103, obviousness.
Applicant's arguments filed 03-25-2026, beginning on page 11, have been fully considered but they are not persuasive.
To the examiner’s best understanding, the applicant has contended that the prior art fails to disclose, “a first actuator of a pivoting assembly, a second actuator of a lifting assembly, wherein the controller is further configured to activate the second actuator of the lifting assembly in response to an activation of the first actuator of the pivoting assembly” of claim 15. The examiner respectfully disagrees.
As cited above, Ohtsubo (US 20090088930 A1) discloses, “[0083] In response to input of each of the instruction signals from the longitudinal-position adjusting switch 92 and the vertical-position adjusting switch 93, the control unit 95 outputs an actuation command signal to each of the drive motor 46 of the seat-position adjusting mechanism 2 and the drive motor 65 of the seated-posture adjusting mechanism 3, to perform each of a control operation of moving the seat cushion 1a of the driver seat 1 in the longitudinal direction so as to finely adjust the longitudinal position of the driver seat 1, and a control operation of finely adjusting a vertical position and an inclination angle of the seat cushion 1a and a reclining angle of the seat back 1b” and “[0113] The first embodiment has been described based on one example of a control operation configured such that the seated-posture adjusting mechanism 3 is actuated in response to the vertical-position adjusting switch 93 to finely adjust the vertical position and inclination angle of the seat cushion 1a and the reclining angle of the seat back 1b concurrently”. Because the prior art of record discloses that which is claimed, the examiner respectfully maintains the rejection of claim 25 under 35 USC §103, obviousness.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Tulley (US 4846529 A)
Ninomiya (US 6572172 B1)
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.
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/A.S./Examiner, Art Unit 3663
/ANGELA Y ORTIZ/Supervisory Patent Examiner, Art Unit 3663
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