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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: element ‘62’ in figs. 6 & 10, and element ‘76’ in fig. 10. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “transitioning the front portion of the seat cushion from the boarding position to the driving position by moving the front portion of the seat cushion on the frame away from the first side of the vehicle” which is indefinite, because it is unclear if the frame is actually moving or if the front portion of the seat cushion is moving with respect to the frame. As currently claimed, this suggests that the frame might be moving, and in order to obviate the concerns the examiner suggests deleting “on the frame” as this appears to be a grammatical issue. Claim 8 is indefinite for substantively similar reasons.
Claim 9 recites “wherein the front portion is configured to selectively move from a driving position to a boarding position by moving the front portion on the frame toward a first side of the sides of the vehicle” which is indefinite, because it is unclear if the frame is actually moving or if the front portion of the seat cushion is moving with respect to the frame. As currently claimed, this suggests that the frame might be moving, and in order to obviate the concerns the examiner suggests deleting “on the frame” as this appears to be a grammatical issue. Claims 11, 12, 15, and 16 are indefinite for substantively similar reasons.
Claim 17 recites “a motorized gear system configured to selectively move the front portion on the frame” which is indefinite, because it is unclear if the frame is actually moving or if the front portion of the seat cushion is moving with respect to the frame. As currently claimed, this suggests that the frame might be moving, and in order to obviate the concerns the examiner suggests deleting “on the frame” as this appears to be a grammatical issue. Claim 20 is indefinite for substantively similar reasons.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 7-11, 13, 15-17, and 20 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Horiguchi et al. (US 2012/0169099 A1), hereinafter Horiguchi.
Regarding claim 1, as best understood in light of the 112b rejection above, Horiguchi discloses a method for promoting ease of access to a vehicle, the vehicle having a front, a rear, and oppositely disposed sides (vehicle C, fig. 8), the method comprising:
transitioning a front portion (central portion 44c, figs. 1-3) of a seat cushion (cushion central portion 42, fig. 3) of a vehicle seat from a driving position to a boarding position (figs. 1A-1B), wherein the seat cushion (cushion central portion 42, fig. 3) is coupled to a frame (as shown in fig. 6) and the frame is coupled to a floor of the vehicle (as shown in fig. 2, the seat frame 31 is coupled to the vehicle floor F via the raising/lower mechanism 25 and longitudinal slide mechanism 20), wherein transitioning the front portion includes moving the front portion on the frame toward a first side of the sides of the vehicle (as shown in figs. 1-3, and 8);
supporting an individual with the front portion of the seat cushion while the individual is sitting thereon and while the front portion is in the boarding position (fig. 8);
transitioning the front portion of the seat cushion from the boarding position to the driving position by moving the front portion of the seat cushion on the frame away from the first side of the vehicle (as shown in figs. 1A-1B); and
supporting the individual with the front portion of the seat cushion (central portion 44c, figs. 1-3), a rear portion of the seat cushion (cushion rear portion 43, fig. 1), and a seatback (seatback 35, fig. 1A) of the vehicle seat while the individual is sitting on the seat cushion and while the front portion is in the driving position (as shown in figs. 1A-1B, & fig. 8), wherein the rear portion of the vehicle seat is disposed in a fixed position between the front portion of the seat cushion and the seatback (as shown in fig. 1, the cushion rear portion 43 is disposed in a fixed position between the central portion 44c and the seat back 35).
Regarding claim 2, Horiguchi discloses the invention in claim 1, and further discloses wherein the front portion of the seat cushion is entirely within the vehicle while the front portion is in the driving position (fig. 1A), wherein the front portion of the seat cushion is at least partially outside of the vehicle while the front portion is in the boarding position (figs. 1B & 8).
Regarding claim 3, Horiguchi discloses the invention in claim 1, and further discloses wherein transitioning the front portion of the seat cushion from the driving position to the boarding position and transitioning the front portion of the seat cushion from the boarding position to the driving position are both motorized processes initiated by actuation of a motor switch positioned on the vehicle seat (Para. [0104], “the drive portion 56 of the cushion tilting mechanism 50 is composed of a sector gear 57, a dual gear 58, a drive gear 59, and a motor (not shown) that is capable rotating the drive gear 59”. Furthermore, Para. [0158], “[w]hen the occupant gets in a vehicle in a condition shown in FIG. 8, a getting-in switch (not shown) is operated while his/her weight is applied to the movable cushion portion M of the seat cushion 40”; as shown in fig. 5).
Regarding claim 5, Horiguchi discloses the invention in claim 1, and further discloses wherein transitioning the front portion of the seat cushion from the boarding position to the driving position is performed while the individual is sitting on the front portion (as shown in figs. 1, 2, and 8).
Regarding claim 7, Horiguchi discloses the invention in claim 1, and further discloses further comprising switching a gear system of the vehicle seat from a first arrangement configured for transitioning the front portion of the vehicle seat between the driving position and the boarding position (as shown in figs. 1A-1B) to a second arrangement configured for adjusting a height of the seat cushion relative to the floor of the vehicle (Para. [0243], “[t]he right side portion 44 is inclined such that a seating surface thereof can be heightened in a right side (a side facing the door opening), and is divided into a front portion 44f, a central portion 44c and a back portion 44b. The left side portion 45 is inclined such that a seating surface thereof can be heightened in a left side (a side facing the center of the vehicle interior”).
Regarding claim 8, Horiguchi discloses the invention in claim 1, and further discloses wherein transitioning the front portion of the seat cushion from the driving position to the boarding position includes moving the front portion on the frame along a curved path of travel (as shown in figs. 3 & 4, the linkages move the cushion central portion 42 vertically along an arcuate path).
Regarding claim 9, as best understood in light of the 112b rejection above, Horiguchi discloses a vehicle seat, comprising:
a frame (seat frame 31, fig. 2) coupled to a floor of a vehicle (as shown in fig. 2, the seat frame 31 is coupled to the vehicle floor F via the raising/lower mechanism 25 and longitudinal slide mechanism 20), the vehicle having a front, a rear, and oppositely disposed sides (vehicle C, fig. 8);
a seatback coupled to the frame (as shown in fig. 2, the seat back 35 is coupled to the seat frame 31) and configured to support a back of an individual while the individual is sitting on the vehicle seat (fig. 8); and
a seat cushion (cushion central portion 42, fig. 3) coupled to the frame (as shown in fig. 6) and configured to support the individual while the individual is sitting on the vehicle seat (figs. 1 & 8), wherein the seat cushion includes a front portion (central portion 44c, figs. 1-3) movably coupled to the frame (as shown in figs. 1-6) and a rear portion (cushion rear portion 43, fig. 1) disposed in a fixed position between the front portion and the seatback (as shown in fig. 1, the cushion rear portion 43 is disposed in a fixed position between the central portion 44c and the seat back 35), wherein the front portion is configured to selectively move from a driving position (as shown in fig. 1A) to a boarding position (as shown in fig. 1B) by moving the front portion on the frame toward a first side of the sides of the vehicle (as shown in figs. 1-3, and 8).
Regarding claim 10, Horiguchi discloses the invention in claim 9, and further discloses wherein the front portion of the seat cushion is configured to be disposed entirely within the vehicle while the front portion is in the driving position (fig. 1A), wherein the front portion of the seat cushion is configured to be disposed at least partially outside of the vehicle while the front portion is in the boarding position (figs. 1B & 8).
Regarding claim 11, Horiguchi discloses the invention in claim 9, and further discloses further comprising:
a motorized gear system (Para. [0104], “the drive portion 56 of the cushion tilting mechanism 50 is composed of a sector gear 57, a dual gear 58, a drive gear 59, and a motor (not shown) that is capable rotating the drive gear 59”) configured to move the front portion on the frame between the driving position and the boarding position (fig. 5); and
a motor switch configured to initiate the motorized gear system (Para. [0158], “[w]hen the occupant gets in a vehicle in a condition shown in FIG. 8, a getting-in switch (not shown) is operated while his/her weight is applied to the movable cushion portion M of the seat cushion 40”).
Regarding claim 13, Horiguchi discloses the invention in claim 9, and further discloses wherein the front portion of the seat cushion is configured to transition between the boarding position and the driving position while the individual is sitting on the front portion (as shown in figs. 1, 2, and 8).
Regarding claim 15, Horiguchi discloses the invention in claim 9, and further discloses further comprising:
a motorized gear system (Para. [0104], “the drive portion 56 of the cushion tilting mechanism 50 is composed of a sector gear 57, a dual gear 58, a drive gear 59, and a motor (not shown) that is capable rotating the drive gear 59”; as shown in fig. 5) configured to operate in a swivel mode to move the front portion on the frame between the driving position and the boarding position (as shown in figs. 1A-1B) and operate in a height adjustment mode to move the seat cushion toward or away from the floor of the vehicle (Para. [0243], “[t]he right side portion 44 is inclined such that a seating surface thereof can be heightened in a right side (a side facing the door opening), and is divided into a front portion 44f, a central portion 44c and a back portion 44b. The left side portion 45 is inclined such that a seating surface thereof can be heightened in a left side (a side facing the center of the vehicle interior”); and
a motor switch configured to initiate the motorized gear system (Para. [0158], “[w]hen the occupant gets in a vehicle in a condition shown in FIG. 8, a getting-in switch (not shown) is operated while his/her weight is applied to the movable cushion portion M of the seat cushion 40”).
Regarding claim 16, Horiguchi discloses the invention in claim 9, and further discloses wherein the front portion of the seat cushion is configured to transition from the driving position to the boarding position by moving on the frame along a curved path of travel (as shown in figs. 3 & 4, the linkages move the cushion central portion 42 vertically along an arcuate path).
Regarding claim 17, as best understood in light of the 112b rejection above, Horiguchi discloses a vehicle, comprising:
a body having a cabin defined between a front, a rear, and oppositely disposed sides, a floor (vehicle C, fig. 8), and a roof of the body;
at least one door that provides access to the cabin of the body (fig. 8); and
a vehicle seat (vehicle seat 10, fig. 1A), comprising:
a frame (seat frame 31, fig. 2) coupled to the floor of the body (as shown in fig. 2, the seat frame 31 is coupled to the vehicle floor F via the raising/lower mechanism 25 and longitudinal slide mechanism 20);
a seatback coupled to the frame (as shown in fig. 2, the seat back 35 is coupled to the seat frame 31) and configured to support a back of an individual while the individual is sitting on the vehicle seat (fig. 8); and
a seat cushion (cushion central portion 42, fig. 3) coupled to the frame (as shown in fig. 6) and configured to support the individual while the individual is sitting on the vehicle seat (figs. 1 & 8), wherein the seat cushion includes a front portion (central portion 44c, figs. 1-3) movably coupled to the frame (as shown in figs. 1-6) and a rear portion (cushion rear portion 43, fig. 1) disposed in a fixed position between the front portion and the seatback (as shown in fig. 1, the cushion rear portion 43 is disposed in a fixed position between the central portion 44c and the seat back 35); and
a motorized gear system (Para. [0104], “the drive portion 56 of the cushion tilting mechanism 50 is composed of a sector gear 57, a dual gear 58, a drive gear 59, and a motor (not shown) that is capable rotating the drive gear 59”; as shown in fig. 5) configured to selectively move the front portion on the frame from a driving position to a boarding position by moving the front portion on the frame toward a first side of the sides of the vehicle (as shown in figs. 1-5, & 8).
Regarding claim 20, Horiguchi discloses the invention in claim 17, and further discloses wherein the motorized gear system is configured to operate in a swivel mode to move the front portion on the frame between the driving position and the boarding position (as shown in figs. 1A-1B) and operate in a height adjustment mode to move the seat cushion toward or away from the floor of the vehicle (Para. [0243], “[t]he right side portion 44 is inclined such that a seating surface thereof can be heightened in a right side (a side facing the door opening), and is divided into a front portion 44f, a central portion 44c and a back portion 44b. The left side portion 45 is inclined such that a seating surface thereof can be heightened in a left side (a side facing the center of the vehicle interior”), wherein the vehicle includes a shifting switch configured to switch the motorized gear system between the swivel mode and the height adjustment mode (see the operating switch 57, raising switch (not shown), lowering switch (not shown), getting-out switch (not shown), and getting-in switch (not shown)).
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) 4, 12, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horiguchi as applied to claims 1, 9, and 17 above, respectively, and further in view of Gerhardt (US 2007/0164592 A1).
Regarding claim 4, Horiguchi discloses the invention in claim 1, and further discloses wherein transitioning the front portion of the seat cushion from the driving position to the boarding position and transitioning the front portion of the seat cushion from the boarding position to the driving position are both motorized processes (Para. [0104], “the drive portion 56 of the cushion tilting mechanism 50 is composed of a sector gear 57, a dual gear 58, a drive gear 59, and a motor (not shown) that is capable rotating the drive gear 59”; as shown in figs. 1-2, and 5), but does not appear to specifically disclose wherein transitioning the [front portion] of the seat cushion from the driving position to the boarding position and transitioning the [front portion] of the seat cushion from the boarding position to the driving position are initiated by actuation of a button on a key fob of the vehicle.
However, Gerhardt is in the field of a rotatable automative seat apparatus (Abstract) and teaches wherein the motorized process is initiated by actuation of a button on a key fob of the vehicle (Para. [0030], “[i]t is preferred that the mechanical seat rotator 40 be controlled by any number of ways, including, but not limited to, switches located adjacent to the child's seat, switches located in the driver's compartment of the present invention, wireless key chain fobs, levers or switches able to be manipulated by the person loading the child, etc.”; as shown in fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Horiguchi such that there was a key fob used to initiate the motorized gear system as taught by Gerhardt, in order to enhance convenience and ease of use by allowing the driver to adjust the seat position before entering the vehicle.
Regarding claim 12, Horiguchi discloses the invention in claim 9, and further discloses further comprising:
a motorized gear system (Para. [0104], “the drive portion 56 of the cushion tilting mechanism 50 is composed of a sector gear 57, a dual gear 58, a drive gear 59, and a motor (not shown) that is capable rotating the drive gear 59”) configured to move the front portion on the frame between the driving position and the boarding position (fig. 5).
However, Horiguchi does not appear to specifically disclose a key fob of the vehicle configured
to initiate the motorized gear system.
Gerhardt is in the field of a rotatable automative seat apparatus (Abstract) and teaches
a key fob of the vehicle configured to initiate the motorized gear system (Para. [0030], “[i]t is preferred that the mechanical seat rotator 40 be controlled by any number of ways, including, but not limited to, switches located adjacent to the child's seat, switches located in the driver's compartment of the present invention, wireless key chain fobs, levers or switches able to be manipulated by the person loading the child, etc.”; as shown in fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Horiguchi such that there was a key fob used to initiate the motorized gear system as taught by Gerhardt, in order to enhance convenience and ease of use by allowing the driver to adjust the seat position before entering the vehicle.
Regarding claim 18, Horiguchi discloses the invention in claim 17, and further discloses further comprising:
a motor switch positioned on the vehicle seat configured to initiate the motorized gear system (Para. [0104], “the drive portion 56 of the cushion tilting mechanism 50 is composed of a sector gear 57, a dual gear 58, a drive gear 59, and a motor (not shown) that is capable rotating the drive gear 59”. Furthermore, Para. [0158], “[w]hen the occupant gets in a vehicle in a condition shown in FIG. 8, a getting-in switch (not shown) is operated while his/her weight is applied to the movable cushion portion M of the seat cushion 40”; as shown in fig. 5)
Horiguchi does not appear to specifically disclose a key fob configured to initiate the motorized gear system.
However, Gerhardt is in the field of a rotatable automative seat apparatus (Abstract) and
teaches a key fob configured to initiate the motorized gear system (Para. [0030], “[i]t is preferred that the mechanical seat rotator 40 be controlled by any number of ways, including, but not limited to, switches located adjacent to the child's seat, switches located in the driver's compartment of the present invention, wireless key chain fobs, levers or switches able to be manipulated by the person loading the child, etc.”; as shown in fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Horiguchi such that there was a key fob used to initiate the motorized gear system as taught by Gerhardt, in order to enhance convenience and ease of use by allowing the driver to adjust the seat position before entering the vehicle.
Claim(s) 6, 14, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horiguchi as applied to claims 1, 9, and 17 above, respectively, and further in view of Bailey (US 2007/0284905 A1).
Regarding claim 6, Horiguchi discloses the invention in claim 1, and further discloses further comprising:
transitioning the front portion of the seat cushion from the driving position to the boarding while the individual is sitting on the front portion (figs. 1A-1B, & 8).
However, Horiguchi does not appear to specifically disclose determining, with one or more
processors of a controller onboard the vehicle, that the individual is no longer sitting on the front portion; and automatically transitioning the front portion of the seat cushion from the boarding position to the driving position.
However, Bailey is in the field of a vehicle seat with swing-out lower seat portion (Abstract) and teaches one or more processors of a controller onboard the vehicle (controller 121); and automatically transitioning the front portion of the seat cushion from the boarding position to the driving position (Para. [0008], “[t]he motor may be controlled automatically by a controller that responds to the sensor to pivot the seat when the door is opened”. Furthermore, Para. [0031] discloses, “[t]he controller 121 may be programmed to move the seat 24 forward or rearward at the same time that the seat 24 is rotating outward or inward, respectively. If a seat position memory system is offered as an option (i.e., the ability to set a seat position preference or preferences into the controller 121), the fore or aft movement of the seat from or to a preferred position in conjunction with rotating outward or inward, respectively, may be programmed into the memory of the controller 121”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify the invention of Horiguchi such that there was a controller as taught by Bailey, in order to automate the process of transitioning the front portion of the seat cushion from the boarding position to the driving position. Furthermore, since Horiguchi discloses that the seat cushion is provided with a weight detection sensor it would have been obvious to modify the controller of Bailey to determine that the individual is no longer sitting on the front portion, in order to appropriately adjust the height of the cushion central portion when it is no longer in use.
Regarding claim 14, Horiguchi discloses the invention in claim 9, and further discloses further comprising: a sensor configured to sense whether the individual is sitting on the front portion of the seat cushion (Para. [0253], “[t]he seat cushion 40 is also provided with a body weight detection sensor or other such sensors, so that a turn-on angle of the door switch LS can be adjusted depending on the body weight.” See also Para. [0267]).
But does not appear to specifically disclose a controller configured to, by one or more processors: determine that the individual was sitting on the front portion of the seat cushion while the front portion transitioned from the driving position to the boarding position; determine that the individual is no longer sitting on the front portion while the front portion is in the boarding position; and automatically transitioning the front portion of the seat cushion from the boarding position to the driving position.
However, Bailey is in the field of a vehicle seat with swing-out lower seat portion (Abstract) and teaches a controller configured to, by one or more processors (controller 121):
automatically transitioning the front portion of the seat cushion from the boarding position to the driving position (Para. [0008], “[t]he motor may be controlled automatically by a controller that responds to the sensor to pivot the seat when the door is opened”. Furthermore, Para. [0031] discloses, “[t]he controller 121 may be programmed to move the seat 24 forward or rearward at the same time that the seat 24 is rotating outward or inward, respectively. If a seat position memory system is offered as an option (i.e., the ability to set a seat position preference or preferences into the controller 121), the fore or aft movement of the seat from or to a preferred position in conjunction with rotating outward or inward, respectively, may be programmed into the memory of the controller 121”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify the invention of Horiguchi such that there was a controller as taught by Bailey, in order to automate the process of transitioning the front portion of the seat cushion from the boarding position to the driving position. Furthermore, since Horiguchi discloses that the seat cushion is provided with a weight detection sensor it would have been obvious to modify the controller of Bailey to determine that the individual was sitting on the front portion of the seat cushion while the front portion transitioned from the driving position to the boarding position, and to determine that the individual is no longer sitting on the front portion while the front portion is in the boarding position, in order to appropriately adjust the height of the cushion central portion for the user.
Regarding claim 19, Horiguchi discloses the invention in claim 17, and further discloses further comprising:
a sensor configured to sense whether the individual is sitting on the front portion of the seat cushion (Para. [0253], “[t]he seat cushion 40 is also provided with a body weight detection sensor or other such sensors, so that a turn-on angle of the door switch LS can be adjusted depending on the body weight.” See also Para. [0267]).
But does not appear to specifically disclose a controller configured to, by one or more processors: determine that the individual was sitting on the front portion of the seat cushion while the front portion transitioned from the driving position to the boarding position; determine that the individual is no longer sitting on the front portion while the front portion is in the boarding position; and automatically transitioning the front portion of the seat cushion from the boarding position to the driving position.
However, Bailey is in the field of a vehicle seat with swing-out lower seat portion (Abstract) and teaches a controller configured to, by one or more processors (controller 121):
automatically transitioning the front portion of the seat cushion from the boarding position to the driving position (Para. [0008], “[t]he motor may be controlled automatically by a controller that responds to the sensor to pivot the seat when the door is opened”. Furthermore, Para. [0031] discloses, “[t]he controller 121 may be programmed to move the seat 24 forward or rearward at the same time that the seat 24 is rotating outward or inward, respectively. If a seat position memory system is offered as an option (i.e., the ability to set a seat position preference or preferences into the controller 121), the fore or aft movement of the seat from or to a preferred position in conjunction with rotating outward or inward, respectively, may be programmed into the memory of the controller 121”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify the invention of Horiguchi such that there was a controller as taught by Bailey, in order to automate transitioning the front portion of the seat cushion from the boarding position to the driving position. Furthermore, since Horiguchi discloses that the seat cushion is provided with a weight detection sensor it would have been obvious to modify the controller of Bailey to determine that the individual was sitting on the front portion of the seat cushion while the front portion transitioned from the driving position to the boarding position, and to determine that the individual is no longer sitting on the front portion while the front portion is in the boarding position, in order to appropriately adjust the height of the cushion central portion for the user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: See PTO 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NEVENA ALEKSIC whose telephone number is (571)272-1659. The examiner can normally be reached Monday-Thursday 8:30am-5:30pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571)272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/N.A./Examiner, Art Unit 3647
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642