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 .
Status of the Claims
This action is in response to the applicant’s filing on March 3, 2023. Claims 1-18 are pending and are examined below.
Priority
Acknowledgment is made of applicant’s claim for foreign priority to German Patent No. DE 2020 211 258.4, filed September 8, 2020.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “device for,” “holding device for,” in claims 1, 3, 4-8, and 15-17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 1, and 18 are objected to because of the following informalities: the claims lack traditional punctuation, e.g., a colon, delineating preambles from bodies of the claims. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang et al., US 20200156553 A1, hereinafter referred to as Kang.
As to claim 1, Kang discloses an interior adjustment system for a vehicle, comprising
a first interior assembly which has a first adjustment device for adjusting the first interior assembly (Seat and motor mechanism – See at least ¶5),
at least one second interior assembly which has a second adjustment device for adjusting the at least one second interior assembly (Console and motor – See at least ¶14) and
a controller (Controller – See at least ¶14),
wherein the controller is designed to activate the second adjustment device in order to adjust the at least one second interior assembly as a function of an adjustment movement of the first interior assembly (Adjust console in response to seat movement – See at least ¶14).
Independent claim 18 is rejected under the same rationale as claim 1 as the claims recite nearly identical subject matter in terms of inventive concept but for minor differences due to the claims being drawn to different statutory classes of invention.
As to claim 2, Kang discloses the first interior assembly is a vehicle seat or an assembly of a vehicle seat (Seat – See at least Abstract, ¶5 and Fig. 1).
As to claim 3, Kang discloses the first adjustment device is configured by a seat longitudinal adjustment device, a seat height adjustment device or a backrest inclination adjustment device (Seat slide, i.e., “longitudinal” – See at least Figs. 1-2).
As to claim 4, Kang discloses the at least one second interior assembly is a console element, an armrest, a holding device for holding a functional assembly, a ventilation device, a sound generating device, a light generating device, a display, an operating element or a storage device (Console – See at least ¶14 and Fig. 1).
As to claim 5, Kang discloses the first adjustment device has an electric motor for adjusting the first interior assembly by electric motor (Motor – See at least ¶5).
As to claim 6, Kang discloses the second adjustment device has an electric motor for adjusting the second interior assembly by electric motor (Motor – See at least ¶14).
As to claim 7, Kang discloses the first interior assembly can be moved by actuating the first adjustment device from a current first position into an adjusted second position, wherein the controller is designed to activate the second adjustment device in order to adjust the at least one second interior assembly from a current first functional position into an adjusted second functional position as a function of the second position of the first interior assembly (Adjust console in response to seat movement – See at least ¶14).
As to claim 8, Kang discloses the controller is designed to monitor an adjustment criterion and to activate the second adjustment device in order to adjust at least one second interior assembly from the current first functional position into the adjusted second functional position, as a function of the monitoring of the adjustment criterion (Controller responsive to distance, and seat switches, i.e., input criterions, and activates console adjustment accordingly – See at least Fig. 2).
As to claim 9, Kang discloses the controller is designed to evaluate as an adjustment criterion an operating event, a use state of the at least one second interior assembly, a collision state of the at least one second interior assembly, a driving state of the vehicle or an occupancy state of one or more vehicle seats (Switch ON, i.e. “operating event” – See at least ¶59 and Fig. 4).
As to claim 10, Kang discloses the controller is designed to determine the second functional position as a function of the adjustment criterion (Adjust console in response to seat movement – See at least ¶14).
As to claim 11, Kang discloses the first interior assembly is adjustable along a first movement path in a vehicle interior (Seat rail – See at least Fig. 1).
As to claim 12, Kang discloses the first interior assembly is able to be moved into a plurality of different positions along the first movement path (Movement along rails – See at least ¶60 and Fig. 1; Examiner notes movement along the seat rail includes any number of positions.).
As to claim 13, Kang discloses the at least one second interior assembly is adjustable along a second movement path in the vehicle interior (Console rail – See at least Fig. 1).
As to claim 14, Kang discloses the at least one second interior assembly is able to be moved into a plurality of different positions along the second movement path (Movement along rails – See at least ¶62 and Fig. 1; Examiner notes movement along the console rail includes any number of positions.).
As to claim 15, Kang discloses the controller is designed to activate the second adjustment device in order to adjust the at least one second interior assembly into a position along the second movement path as a function of the position of the first interior assembly (Adjust console in response to seat movement – See at least ¶14).
As to claim 16, Kang discloses a sensor device for detecting a position of the first interior assembly and/or the at least one second interior assembly, wherein the controller is designed to evaluate a sensor signal of the sensor device for controlling the second adjustment device (Distance sensors – See at least ¶14).
As to claim 17, Kang discloses the sensor device is an interior monitoring system (Distance sensors – See at least ¶14; Examiner notes distance sensors meets broadest reasonable interpretation of “interior monitoring system” as “interior monitoring system” has no special definition, and the distance sensors monitor part of the vehicle interior.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lail Kleinman whose telephone number is (571)272-6286. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached at (571)272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAIL A KLEINMAN/Primary Examiner, Art Unit 3668
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