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 § 103
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.
Claims 1-3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Hofmann et al. (US 20020005649 A1) in view of Aquila et al. (US 20220289312 A1).
Regarding claim 1, Hofmann discloses a vehicle seating assembly (Hofmann, Fig. 2) for use in a cabin interior of a vehicle (Hofmann, paragraph 3 and Fig. 2, in passenger space, or second row seat space of a vehicle; it is also capable of being used in a vehicle cabin interior), the vehicle seating assembly comprising: a seat back (Hofmann, 22 in Fig. 2); a seat (Hofmann, 24 in Fig. 2) that is pivotable between a raised position (Hofmann, Fig. 2) and a lowered seating position (Hofmann, Fig. 1); a storage compartment (Hofmann, 16 in Fig. 2) located under the seat when the seat is in the lowered seating position (Hofmann, Fig. 1); and a first drawer (Hofmann, 18 in Fig. 2) slidably (Hofmann, paragraph 34) disposed within the storage compartment under the seat and accessible via a first lateral side (Hofmann, side shown in Fig. 2) of the vehicle seating assembly, wherein the first drawer is moved laterally outward from the first lateral side of the vehicle seating assembly to an open position (Hofmann, Fig. 2 and 4).
Hofmann fails to disclose a first step surface on a top side thereof configured to support a user when the first drawer is moved laterally outward from the first lateral side of the vehicle seating assembly to an open position.
Aquila teaches a first step surface (Aquila, 1510 in Fig. 15) on a top side (Aquila, Fig. 15, on top side of the drawer) thereof configured to support a user when the first drawer is moved laterally outward from the first lateral side of the vehicle seating assembly to an open position (Aquila, paragraph 63, open as in an outwardly extended position; or in a position as shown in Fig. 2 of Hofmann after combination).
Aquila is considered to be analogous art because it is in the same field of vehicle slidable drawers as Hofmann.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the assembly as taught by Hofmann to incorporate the teachings of Aquila with a reasonable expectation of success and have a step surface. Doing so provides a step surface for a person to better reach items such as items on top of the cabin (Aquila, paragraph 63).
Regarding claim 2, the combination of Hofmann in view of Aquila teaches the vehicle seating assembly of claim 1, wherein the storage compartment comprises a seat support (Hofmann, 26/32 in Fig. 1) for supporting the seat and seat back (Hofmann, Fig. 1, seat and seat back are supported above 26/32).
Regarding claim 3, the combination of Hofmann in view of Aquila teaches the vehicle seating assembly of claim 2, wherein the seat support is configured to be supported on top of a vehicle floor (Hofmann, 38 in Fig. 1).
Regarding claim 6, the combination of Hofmann in view of Aquila teaches the vehicle seating assembly of claim 1, wherein the first drawer is located on the first lateral side (Hofmann, Fig. 2) and the seating assembly further comprises a second drawer (Hofmann, paragraph 24) located on a second lateral side (Hofmann, paragraph 24, two drawers, one on each side), wherein the second drawer includes a second step surface (Aquila, paragraph 61, can have mirror-image structures on both sides) configured to support a user when the second drawer is in an open position.
Aquila is considered to be analogous art because it is in the same field of vehicle slidable drawers as Hofmann.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the assembly as taught by Hofmann to incorporate the teachings of Aquila with a reasonable expectation of success and have a step surface on the opposite side. Doing so provides a step surface for a person to better reach items on the other side of the cabin top (Aquila, paragraph 63).
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Hofmann in view of Aquila as applied to claim 3 above, and further in view of Tatsuwaki et al. (US 20220161855 A1).
Regarding claim 4, the combination of Hofmann in view of Aquila teaches the vehicle seating assembly of claim 3, but fails to teach a recessed portion of the floor.
Tatsuwaki teaches a recessed portion of the floor (Tatsuwaki, see annotated Fig. 6; the drawer will be within the recessed portion after combination since the drawer of Hofmann is disclosed as located below the seat).
Tatsuwaki is considered to be analogous art because it is in the same field of vehicle seat and floor as Hofmann in view of Aquila.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the assembly as taught by Hofmann in view of Aquila to incorporate the teachings of Tatsuwaki with a reasonable expectation of success and have a recessed portion such that the drawer is disposed within the recessed portion. Doing so allows effective space utilization and allows other vehicle components such as battery and battery mounting structures below the floor.
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Figure 1 Annotated Fig. 6 from Tatsuwaki
Regarding claim 5, the combination of Hofmann in view of Aquila and Tatsuwaki teaches the vehicle seating assembly of claim 4, wherein the vehicle floor comprises at least one battery pack (Tatsuwaki, 85 in Fig. 6).
Tatsuwaki is considered to be analogous art because it is in the same field of vehicle seat and floor as Hofmann in view of Aquila.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the assembly as taught by Hofmann in view of Aquila to incorporate the teachings of Tatsuwaki with a reasonable expectation of success and have a battery pack. Doing so provides an additional power source to the vehicle and components within the vehicle.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Hofmann in view of Aquila as applied to claim 1 above, and further in view of Hamilton et al. (US 4635992 A).
Regarding claim 7, the combination of Hofmann in view of Aquila teaches the vehicle seating assembly of claim 1, wherein the first drawer comprises first and second rails (Hofmann, 56 and 60 in Fig. 1).
The combination of Hofmann in view of Aquila fails to teach a plurality of rollers.
Hamilton teaches a plurality of rollers (Hamilton, 17 in Fig. 5, engaging rails 16 as shown in Fig. 4).
Hamilton is considered to be analogous art because it is in the same field of vehicle sliding storage as Hofmann in view of Aquila.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the assembly as taught by Hofmann in view of Aquila to incorporate the teachings of Hamilton with a reasonable expectation of success and have rollers. Doing so provides smooth sliding operation of the drawer with minimal resistance and requires less operating force.
Regarding claim 8, the combination of Hofmann in view of Aquila and Hamilton teaches the vehicle seating assembly of claim 7, wherein the first drawer comprises a lock mechanism (Hamilton, 19 and 21 in Fig. 5).
Hamilton is considered to be analogous art because it is in the same field of vehicle sliding storage as Hofmann in view of Aquila.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the assembly as taught by Hofmann in view of Aquila to incorporate the teachings of Hamilton with a reasonable expectation of success and have a lock mechanism. Doing so provides security to the storage and prevents unauthorized or accidental movement of the drawer.
Regarding claim 9, the combination of Hofmann in view of Aquila Hamilton teaches the vehicle seating assembly of claim 8, wherein the lock mechanism engages slots (Hamilton, 22 in Fig. 3 and Col. 3 lines 51-65) in the pair of rails in a locked position (Hamilton, a position when the lock pin 19 is engaged with one of the openings 22).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Hofmann in view of Aquila as applied to claim 1 above, and further in view of Kalergis et al. (US 20180111561 A1).
Regarding claim 10, the combination of Hofmann in view of Aquila teaches the vehicle seating assembly of claim 1, wherein the vehicle seating assembly is a second row (Hofmann, paragraph 3) seating assembly.
The combination of Hofmann in view of Aquila fails to teach a pick-up truck.
Kalergis teaches a pick-up truck (Kalergis, Fig. 1).
Kalergis is considered to be analogous art because it is in the same field of vehicle seat storage as Hofmann in view of Aquila.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the assembly as taught by Hofmann in view of Aquila to incorporate the teachings of Kalergis with a reasonable expectation of success and have the drawer assembly apply to a pick-up truck. Doing so allows the user of the pick-up truck to have easier access to the storage when the user is outside the truck and allows using the drawer as a step surface for accessing higher locations; and using a pick-up truck provides additional cargo loading capacity as compare to other vehicles such as sedans or SUVs.
Claims 11-13, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hofmann et al. (US 20020005649 A1) in view of Aquila et al. (US 20220289312 A1) and Kalergis et al. (US 20180111561 A1).
Regarding claim 11, Hofmann discloses a vehicle (Hofmann, abstract) comprising: a cabin interior (Hofmann, Fig. 2, shows drawer slides out from the cabin interior); a floor (Hofmann, 38 in Fig. 1) defining a bottom side of the cabin interior; and a vehicle seating assembly (Hofmann, Fig. 2) having a first lateral side (Hofmann, side shown in Fig. 2) and comprising: a seat back (Hofmann, 22 in Fig. 2); a seat (Hofmann, 24 in Fig. 2) that is pivotable between a raised position (Hofmann, Fig. 2) and a lowered seating position (Hofmann, Fig. 1); a storage compartment (Hofmann, 16 in Fig. 2) located under the seat when the seat is in the lowered seating position (Hofmann, Fig. 1); and a first drawer (Hofmann, 18 in Fig. 2) slidably (Hofmann, paragraph 34) disposed within the storage compartment and accessible via the lateral side of the vehicle seating assembly, wherein the first drawer is configured to extend outward from the first lateral side to an open drawer position (Hofmann, Fig. 2 and 4).
Hofmann fails to disclose a body having a side door; the first lateral side proximate the side door; when the side door is in an open door position; and a stepped surface on a top side thereof configured to support a user when the drawer is in an open drawer position.
Aquila teaches a stepped surface (Aquila, 1510 in Fig. 15) on a top side (Aquila, Fig. 15, on top side of the drawer) thereof configured to support a user when the drawer is in an open drawer position (Aquila, paragraph 63, open as in an outwardly extended position; or in a position as shown in Fig. 2 of Hofmann after combination).
Examiner notes that the limitation “stepped surface” is being interpreted as a surface to be stepped on by a user, and is considered equivalent to a “step surface”.
Aquila is considered to be analogous art because it is in the same field of vehicle slidable drawers as Hofmann.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the vehicle as taught by Hofmann to incorporate the teachings of Aquila with a reasonable expectation of success and have a stepped surface. Doing so provides a supporting surface for a person to better reach items such as items on top of the cabin (Aquila, paragraph 63).
Kalergis teaches a body having a side door (Kalergis, Fig. 1, side door in opened position); the first lateral side proximate the side door (Kalergis, Fig. 1); when the side door is in an open door position (Kalergis, Fig. 1).
Kalergis is considered to be analogous art because it is in the same field of vehicle seat storage as Hofmann in view of Aquila.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the vehicle as taught by Hofmann in view of Aquila to incorporate the teachings of Kalergis with a reasonable expectation of success and have a body having a side door. Doing so protects the occupants and the vehicle interior components from elements.
Regarding claim 12, the combination of Hofmann in view of Aquila and Kalergis teaches the vehicle of claim 11, wherein the storage compartment comprises a seat support (Hofmann, 26/32 in Fig. 1) for supporting the seat and seat back (Hofmann, Fig. 1, seat and seat back are supported above 26/32).
Regarding claim 13, the combination of Hofmann in view of Aquila and Kalergis teaches the vehicle of claim 12, wherein the seat support is configured to be supported on top of a vehicle floor (Hofmann, 38 in Fig. 1).
Regarding claim 16, the combination of Hofmann in view of Aquila and Kalergis teaches the vehicle of claim 11, wherein the first drawer is located on a first lateral side (Hofmann, Fig. 2) and further comprising a second drawer (Hofmann, paragraph 24) located on a second lateral side (Hofmann, paragraph 24, two drawers, one on each side), wherein the second drawer includes a second step surface configured to support a user when the second drawer is in an open position (Aquila, paragraph 61, can have mirror-image structures on both sides).
Aquila is considered to be analogous art because it is in the same field of vehicle slidable drawers as Hofmann.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the vehicle as taught by Hofmann to incorporate the teachings of Aquila with a reasonable expectation of success and have a step surface on the opposite side. Doing so provides a support surface for a person to better reach items on the other side of the cabin top (Aquila, paragraph 63).
Regarding claim 20, the combination of Hofmann in view of Aquila and Kalergis teaches the vehicle of claim 11, wherein the vehicle seating assembly is a second row (Hofmann, paragraph 3) seating assembly in a pick-up truck (Kalergis, Fig. 1).
Kalergis is considered to be analogous art because it is in the same field of vehicle seat storage as Hofmann in view of Aquila.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the vehicle as taught by Hofmann in view of Aquila to incorporate the teachings of Kalergis with a reasonable expectation of success and have the drawer assembly apply to a pick-up truck. Doing so allows the user of the pick-up truck to have easier access to the storage when the user is outside the truck and allows using the drawer as a step surface for accessing higher locations; and using a pick-up truck provides additional cargo loading capacity as compare to other vehicles such as sedans or SUVs.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Hofmann in view of Aquila and Kalergis as applied to claim 13 above, and further in view of Tatsuwaki et al. (US 20220161855 A1).
Regarding claim 14, the combination of Hofmann in view of Aquila and Kalergis teaches the vehicle of claim 13, but fails to teach a recessed portion of the floor.
Tatsuwaki teaches a recessed portion of the floor (Tatsuwaki, see annotated Fig. 6; the drawer will be within the recessed portion after combination since the drawer of Hofmann is disclosed as located below the seat).
Tatsuwaki is considered to be analogous art because it is in the same field of vehicle seat and floor as Hofmann in view of Aquila and Kalergis.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the vehicle as taught by Hofmann in view of Aquila and Kalergis to incorporate the teachings of Tatsuwaki with a reasonable expectation of success and have a recessed portion such that the drawer is disposed within the recessed portion. Doing so allows effective space utilization and allows other vehicle components such as battery and battery mounting structures below the floor.
Regarding claim 15, the combination of Hofmann in view of Aquila, Kalergis, and Tatsuwaki teaches the vehicle of claim 14, wherein the vehicle floor comprises at least one battery pack (Tatsuwaki, 85 in Fig. 6).
Tatsuwaki is considered to be analogous art because it is in the same field of vehicle seat and floor as Hofmann in view of Aquila and Kalergis.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the vehicle as taught by Hofmann in view of Aquila and Kalergis to incorporate the teachings of Tatsuwaki with a reasonable expectation of success and have a battery pack. Doing so provides an additional power source to the vehicle and components within the vehicle.
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Hofmann in view of Aquila and Kalergis as applied to claim 11 above, and further in view of Hamilton et al. (US 4635992 A).
Regarding claim 17, the combination of Hofmann in view of Aquila and Kalergis teaches the vehicle of claim 11, wherein the first drawer comprises first and second rails (Hofmann, 56 and 60 in Fig. 1).
The combination of Hofmann in view of Aquila fails to teach a plurality of rollers.
Hamilton teaches a plurality of rollers (Hamilton, 17 in Fig. 5, engaging rails 16 as shown in Fig. 4).
Hamilton is considered to be analogous art because it is in the same field of vehicle sliding storage as Hofmann in view of Aquila and Kalergis.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the vehicle as taught by Hofmann in view of Aquila and Kalergis to incorporate the teachings of Hamilton with a reasonable expectation of success and have rollers. Doing so provides smooth sliding operation of the drawer with minimal resistance and requires less operating force.
Regarding claim 18, the combination of Hofmann in view of Aquila, Kalergis, and Hamilton teaches the vehicle of claim 17, wherein the first drawer comprises a lock mechanism (Hamilton, 19 and 21 in Fig. 5).
Hamilton is considered to be analogous art because it is in the same field of vehicle sliding storage as Hofmann in view of Aquila and Kalergis.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the vehicle as taught by Hofmann in view of Aquila and Kalergis to incorporate the teachings of Hamilton with a reasonable expectation of success and have a lock mechanism. Doing so provides security to the storage and prevents unauthorized or accidental movement of the drawer.
Regarding claim 19, the combination of Hofmann in view of Aquila, Kalergis, and Hamilton teaches the vehicle of claim 18, wherein the lock mechanism engages slots (Hamilton, 22 in Fig. 3 and Col. 3 lines 51-65) in the pair of rails in a locked position (Hamilton, a position when the lock pin 19 is engaged with one of the openings 22).
Response to Arguments
Applicant's arguments filed 1/2/2026 have been fully considered but they are not persuasive.
In the second paragraph on page 8 of Applicant’s Reply, Applicant argues that one of ordinary skill in the art would not have combined an exterior mounted side step of Aquila to integrate within a seat assembly in the interior of the vehicle of Hofmann. Examiner respectfully disagrees. Both Hofmann and Aquila are analogous arts as established above, and the rationale for their combination are also described in the rejection above. Furthermore, Hofmann and Aquila both teach a slidable drawer storage that slides outward laterally to the outside of the vehicle. Therefore, Applicant’s exterior versus interior argument is not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references that are not relied upon all disclose drawer with a step surface.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Wenwei Zhuo whose telephone number is (571)272-5564. The examiner can normally be reached Monday through Friday 8 a.m. - 4 p.m. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WENWEI ZHUO/Examiner, Art Unit 3612