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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/2/2026 has been entered.
Status of Claims
This office action is in response to application number 18/419,967 filed on 2/2/2026, in which Claims 1-20 are presented for examination. Applicant amends Claims 1, 9, and 17.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/23/2024 was received and considered by the examiner.
Response to Arguments
Applicant’s arguments, see pgs. 2-6, filed 2/2/2026, with respect to the rejections of Claims 1-20 under 35 U.S.C. § 112(b) have been fully considered and are persuasive. Therefore, the rejection of Claims 1-20 under 35 U.S.C. § 112(b) set forth in the office action of 11/21/2025 has been withdrawn. However, in light of the amendments new rejections under 35 U.S.C. § 112(b) to Claims 1-20 are introduced. Further details are provided below.
Applicant’s amendments and arguments, see pgs. 6-9, filed 2/2/2026, with respect to the rejection of Claims 1-20 under 35 U.S.C. § 103 have been fully considered but are not persuasive. Applicant’s arguments are moot because they are directed towards the amendments of Claim 1, and therefore, in light of the amendments, an updated rejection of Claims 1-20 under 35 U.S.C. § 103 is made. Further details are provided below.
However, Examiner would like to address the arguments. Applicant argues that Kuhley’s “rest position” is structurally incompatible with the claimed cargo setting. Applicant states that Kuhley is directed to automatic adjustment of the passenger set to improve a driver’s field of vision, whereas amended Claim 1 requires moving the passenger seat from a first position to a second position that positions cargo to facilitate placement or retrieval by a driver, while the driver remains seated, and includes a height, position, or orientation change. Applicant further argues that Kuhley uses objection detection as the gating condition for moving to a “rest position,” not for interacting with cargo. Examiner disagrees that Kuhley's rest position is structurally incompatible. Kuhley discusses multiple rest positions including a front, central, and rear position, where only the rear position moves completely out of the way for the driver's field of vision, while the central and front positions can still partially block the driver's view to fulfill other purposes. However, the proposed amendments do better define and link the movement of the seat to the desired function or purpose of adjusting cargo on a passenger seat to facilitate a driver’s interaction with the cargo and the seat, and therefore, the function, or purpose, as stated, can be given more patentable weight. Therefore, Examiner agrees that Kuhley does not teach seat movement for the same purposes as recited in Claim 1.
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 are 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 recite the limitation "cargo on the passenger seat.” “Cargo on the passenger seat” is already defined in Claim 1 (line 5), Claim 9 (line 3), and Claim 17 (line 3). For clarity, Claim 1 (line 9), Claim 9 (line 7), and Claim 17 (line 7) should recite “the .”
Claim 2 recites the limitation "a .” “A ” is already defined in Claim 1 (line 11), Claim 9 (line 8), and Claim 17 (line 9). For clarity, Claims 2, 4-5, 7, 10, 12-13, 15, and 18 should recite “the .”
Claims 3, 6, 8, 11, 14, 16, and 19-20 are rejected by dependency on Claims 1, 9,and 17, respectively.
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.
Claims 1, 6, 8, 9, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ricci, PG Pub US-2017/0247000-A1 (herein "Ricci") in view of Kuhley, DE-102021204775-A1 (herein "Kuhley") and Jensen, PG Pub US-2011/0101738-A1 (herein "Jensen").
Regarding Claim 1, Ricci discloses: (Currently Amended) A system for adjusting a passenger cargo seat of a vehicle, the system comprising: the vehicle having a driver seat and a passenger seat; and a processor comprising a memory and configured to perform operations comprising: obtaining a user profile […] the user profile corresponding to a seat position of the passenger seat; and based on the user profile, automatically adjusting the passenger seat […]. See [Ricci, pg. 14, para 0162], which describes the vehicle with a driver seat and passenger seat, “The interior space 108 may also be divided into other areas. Thus, one area may be associated with the front passenger's and driver's seats, a second area may be associated with the middle passengers' seats, and a third area may be associated with a rear passenger's seat.” See also [Ricci, pg. 10, para 0113], which describes the profile data, including user profiles for gathering vehicle preferences, including seat settings, “As an example, the profile data 252 may include one or more user profiles. User profiles may be generated based on data gathered from one or more of vehicle preferences (e.g., seat settings, HVAC settings, dash configurations, and the like), […].” See also [Ricci, pg. 12, para 0134], which further describes the interaction of, or connection between, the data store and the vehicle control system, “A first data store that may be part of the vehicle control environment 300 is a profile data store 252 for storing data about user profiles and data associated with the users. A system data store 208 can include data used by the vehicle control system 204 and/or one or more of the components 324-352 to facilitate the functionality described herein. The data stores 208 and/or 252 may be as described in conjunction with FIGS. 1 and/or 12A-12D.” See also [Ricci, pgs. 23-24, paras 0240-0241 and para 0254], which describe the profile identification module, which is used to recognize a user and retrieve a user profile, “[0240] […]. In any event, the profile identification module 848 may be configured to create, modify, retrieve, and/or store user profiles in the profile database 856 and/or profile data 252. […] [0241] By way of example, a user 216 may enter the vehicle 104 with a smart phone or other device 212. In response to determining that a user 216 is inside the vehicle 104, the profile identification module 848 may determine that a user profile is associated with the user's smart phone 212. […] It is anticipated that the profile identification module 848 may communicate with the other components of the system to load one or more preferences, settings, and/or conditions based on the user profile. Further, the profile identification module 848 may be configured to control components of the system 800 based on user profile information. […] [0254] The user identification module 822 may be configured to identify a user 216 associated with the vehicle 104. The identification may be based on user profile information that is stored in profile data 252. […].” And see also [Ricci, FIG. 8 and pgs. 24-25, paras 0255-0256], which further describe the vehicle control module controlling vehicle settings, or communicating with the vehicle control system to control settings and the environmental control module receiving the user information via the subsystem to control the seat system, “[0255] The vehicle control module 826 may be configured to control settings, features, and/or the functionality of a vehicle 104. In some cases, the vehicle control module 826 can communicate with the vehicle control system 204 to control critical functions ( e.g., driving system controls, braking, accelerating, etc.) and/or noncritical functions ( e.g., driving signals, indicator/hazard lights, mirror controls, window actuation, etc.) based at least partially on user/device input received by the user/device interaction subsystem 817. [0256] The environmental control module 830 may be configured to control settings, features, and/or other conditions associated with the environment, especially the interior environment, of a vehicle 104. Optionally, the environmental control module 830 may communicate with […] an occupant seating system 648 (e.g., adjusting seat position, firmness, height, etc.) […]. Additionally or alternatively, these systems can provide input, setpoints, and/or responses, to the environmental control module 830. As can be appreciated, the environmental control module 830 may control the environment based at least partially on user/device input received by the user/device interaction subsystem 817.” Finally see [Ricci, FIG. 2 and pg. 2, para 0008], which shows the vehicle control system with a processor and a memory, “Embodiments include a non-transitory computer readable medium having instructions stored thereon that, when executed by a processor, perform operations comprising the above methods. Embodiments include a device, means, and/or system configured to perform the above methods.”
Ricci does not disclose: […] for locating cargo on the passenger seat of the vehicle, [… automatically adjusting the passenger seat] to a cargo setting such that the passenger seat is moved from a first position to a second position that positions cargo on the passenger seat to facilitatewhile a driver remains seated, wherein the second position comprises at least one of: a change in seat height, a change in a lateral or longitudinal position of the passenger seat relative to the driver seat, or a change in an orientation of the passenger seat.
However, Kuhley teaches: […] automatically adjusting the passenger seat to a [cargo] setting such that the passenger seat is moved from a first position to a second position […] wherein the second position comprises at least one of: a change in seat height, a change in a lateral or longitudinal position of the passenger seat relative to the driver seat, or a change in an orientation of the passenger seat. See [Kuhley, pgs. 3-4, para 0010], which explains that the passenger seat is positioned relative to the driver's seat, "In an optional embodiment, it is provided that for each seat position of the driver's seat, a rest position for the passenger seat is stored that is relative to the seat position of the driver's seat. Preferably, a relative rest position is to be understood as a position of the front passenger seat which takes into account, on the one hand, the seating position of the driver's seat and, on the other hand, the seat occupancy of the front passenger seat and the rear passenger seat. Preferably, the passenger seat is moved outside the driver's active field of vision on the basis of the relative rest position or at least arranged within the active safety area in such a way that it only slightly impairs the driver's lateral field of vision. In particular, a corresponding data set can be stored in which a corresponding rest position is assigned to each possible sitting position. It is therefore an idea of the invention to propose an automatic seat adjustment which is characterized by an optimal adjustment of the field of vision." See also [Kuhley, pgs. 4-5, paras 0013-0015], which explains that the system can distinguish between a person and an object and uses a middle position for an object, while with a passenger in the seat, is arranged the farthest out of sight, or back, “[0013] […] An automatic seat adjustment is therefore proposed which, when a seat is occupied, can distinguish between a person and an object arranged on the object and adjusts a corresponding seat position for the passenger seat. [0014] In a further possible embodiment, the front passenger seat is adjusted to a middle rest position depending on the seating position of the driver's seat when the rear seat is occupied and the front passenger seat is unoccupied. In particular, the front passenger seat is in the middle rest position between a front and a rear seating position or End position in relation to the vehicle longitudinal direction arranged in such a way. Preferably, the passenger seat or its silhouette in the middle rest position is arranged as far as possible outside the field of vision or at least arranged in the field of vision in such a way that it is not significantly restricted. In principle, the front passenger seat can always be moved to the middle seating position when the rear seat is occupied. [0015] Alternatively or optionally in addition, the presence of a person or an object, in particular a baby seat or child seat, on the rear seat can be detected by means of a suitable detection device, whereby the front passenger seat is adjusted to the middle rest position when occupied by an object and is adjusted to a front rest position then occupied by a person or alternatively remains in its originally set seating position. An automatic seat adjustment is therefore proposed which, by setting the middle rest position when the rear seat is occupied, creates a compromise between the driver's field of vision and comfort, in particular legroom for a person in the rear seat." See also [Kuhley, pgs. 5-6, para 0016], which explains that the passenger seat can be adjusted in height, longitudinally, or in inclination to achieve the rest position, “ In a further specification, it is provided that in order to adjust the front passenger seat to the rest position, a longitudinal position of the front passenger seat is adjusted. Alternatively or optionally in addition, to adjust the front passenger seat to the rest position, a seat height of the front passenger seat and/or seat backrest angle of the front passenger seat and/or a headrest height of the front passenger seat is adjusted.” Finally see [Kuhley, pg. 14, para 0044], which further details the adjustment system for adjusting the seat longitudinal position, height, and inclination, “Fig. 4 shows, in a highly schematic representation, an adjustment system 15 for the vehicle 1, which is designed and/or suitable for carrying out the method according to Fig. 3. The adjustment system 15 comprises an adjustment device 16 for electrically adjusting the passenger seat 3. The adjusting device 16 is designed to adjust a longitudinal position and/or height of the front passenger seat 3, an inclination of the seat back 4 and a height of the headrest 5 of the front passenger seat 3 individually or in combination.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Kuhley to include detecting an object and adjusting the passenger seat, relative to the driver seat, using longitudinal, height, and inclination adjustments. Doing so allows the passenger seat to be adjusted in coordination with the driver’s seat, which ensures that when the object is placed in the seat the passenger seat is adjust to an optimal position within an active safety zone, so that, for example, the driver can still see [Kuhley, pgs. 3-4, para 0009].
However, Jensen teaches: […] for locating cargo on the passenger seat of the vehicle, […] adjusting the passenger seat to a cargo setting such that the passenger seat is moved from a first position to a second position that positions cargo on the passenger seat to facilitatewhile a driver remains seated, wherein the second position comprises at least one of: […], or a change in an orientation of the passenger seat. See [Jensen, pg. 1, paras 0003-0005], which explain that the passenger seat is adjusted for facilitating sufficient clearance for package storage, by adjusting the passenger seat from a sitting position to a package storage position, which includes lowering the seat back, “[0003] Complicating the proper positioning of the head rest relative to the seat back is the fact that many automotive vehicles today are configured so that one or more seat backs may be folded flat or relatively flat against the seat base, thereby allowing the back of the seat back to be used as storage space for packages. Often the head rest interferes with proper movement of the seat back from its upright position to its lowered position when the operator is arranging the seat for package storage. The head rest is then moved to its lowered position and in some instances it remains in its lowered position when the seat back is returned to its upright position for occupant seating. The lowered position may not be optimum for passenger safety. [0004] A further complication relates to the anticipated requirement for taller head rest positions than current products can provide. However, this greater fixed height often precludes existing seat designs from other functions such as the above-described seat back lowering for use in storing packages, or an inability to meet the height requirement without relying on the customer to adjust the position of the head rest. [0005] Accordingly, what is desired is a system that fixes the head restraint at the taller required height when a passenger is sitting in the seat, prevents the passenger from adjusting the head restraint height while sifting in the seat, and which retracts the head restraint automatically when the user lowers the seat back thereby providing sufficient package clearances. Known systems are not capable of simultaneously achieving both the height degree anticipated to be required for proper operation of a seat assembly and the capability of moving from an upright position to a lowered position.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Jensen to include seat positions specifically for facilitating placement or retrieval of cargo. Doing so allows for transitioning between safe configurations for package storage and passenger sitting, as well as, providing sufficient package clearances without requiring user intervention [Jensen, pg. 1, para 0003-0005].
Examiner’s Note: The functionality of the invention would not be impacted by a driver sitting in the vehicle or standing outside of the vehicle, where the positioning of the seat in a “package storage position” provides sufficient clearance on either side due to the seat assembly moving from an upright to a lowered position. Therefore, although not explicitly stated by Jensen, it is inherent that the “package storage position” would “facilitate placement or retrieval of the cargo from a driver side of the vehicle while a driver remains seated,” as recited in Claim 1. Specifying “from a driver side of the vehicle while a driver remains seated” reads as intended use and “the package storage position,” discussed in Jensen, could facilitate placement or retrieval from any orientation.
As stated in MPEP 2114(I): INHERENCY AND FUNCTIONAL LIMITATIONS IN APPARATUS CLAIMS: “If an examiner concludes that a functional limitation is an inherent characteristic of the prior art, then to establish a prima case of anticipation or obviousness, the examiner should explain that the prior art structure inherently possesses the functionally defined limitations of the claimed apparatus.” And further, in MPEP 2214(II): MANNER OF OPERATING THE DEVICE DOES NOT DIFFERENTIATE APPARATUS CLAIM FROM THE PRIOR ART: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim.”
Regarding Claim 6, Ricci as modified discloses the limitations of Claim 1.
Ricci further discloses: (Original) […] a database for storing one or more user profiles corresponding to passenger seat positions for cargo of one or more drivers. See again from Claim 1 [Ricci, pg. 14, para 0162], which describes the vehicle with a driver seat and passenger seat and [Ricci, pg. 10, para 0113], which describes the profile data, including user profiles for gathering vehicle preferences, including seat settings. Also see again from Claim 1 [Ricci, pg. 12, para 0134], which further describes the interaction of, or connection between, the data store and the vehicle control system, [Ricci, pgs. 23-24, paras 0240-0241 and para 0254], which describe the profile identification module, which is used to recognize a user and retrieve a user profile, and finally [Ricci, FIG. 8 and pgs. 24-25, paras 0255-0256], which describe the vehicle control module controlling vehicle settings, or communicating with the vehicle control system to control settings and the environmental control module receiving the user information via the subsystem to control the seat system. See also [Ricci, pg. 6, para 0031], which describes the computer-readable medium that can be used as a database, “The term "computer-readable medium," as used herein refers to any tangible storage and/or transmission medium that participates in providing instructions to a processor for execution. Such a medium may take many forms, including but not limited to, non-volatile media, volatile media, and transmission media. […] When the computer-readable media is configured as a database, it is to be understood that the database may be any type of database, such as relational, hierarchical, object-oriented, and/or the like,” and [Ricci, pg. 7, para 0053], which explains the user profiles can be stored in the database, “The term "profile," as used herein, can refer to any data structure, data store, and/or database that includes one or more items of information associated with a vehicle, a vehicle system, a device (e.g., a mobile device, laptop, mobile phone, etc.), or a person.”
Regarding Claim 8, Ricci as modified discloses the limitations of Claim 7.
Ricci does not disclose: (Original) […] after the cargo is retrieved from the vehicle, the system automatically adjusts the passenger seat to a passenger setting, the passenger setting being different from the cargo setting.
However, Kuhley further teaches: (Original) […] after the cargo is retrieved from the vehicle, the system automatically adjusts the passenger seat to a passenger setting, the passenger setting being different from the cargo setting. See again [Kuhley, pgs. 4-5, paras 0013 and 0015], which explains that the system can distinguish between a person and an object and uses different positions if the seat is occupied by an object or a passenger, “[0013] […] the vehicle has a suitable detection device to distinguish between the presence of the person or the object on the passenger seat. In particular, the front passenger seat is adjusted in the rear rest position in such a way that the maximum possible field of vision is released depending on the object placed on the front passenger seat. An automatic seat adjustment is therefore proposed which, when a seat is occupied, can distinguish between a person and an object arranged on the object and adjusts a corresponding seat position for the passenger seat. […] [0015] Alternatively or optionally in addition, the presence of a person or an object, in particular a baby seat or child seat, on the rear seat can be detected by means of a suitable detection device, whereby the front passenger seat is adjusted to the middle rest position when occupied by an object and is adjusted to a front rest position then occupied by a person or alternatively remains in its originally set seating position. […]."
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Kuhley to include detecting an object and adjusting the passenger seat in a middle position, relative to the driver seat. Doing so allows the passenger seat to be adjusted in coordination with the driver’s seat, which ensures that when the object is placed in the seat the driver can still see [Kuhley, pg. 3, para 0009]. Additionally, this would ensure that a passenger would be comfortable [Kuhley, pg. 5, para 0015] and when there is nothing in the seat, the seat can be moved back as far as possible to ensure the best visibility of the driver [Kuhley, pg. 4, para 0012].
Regarding Claim 9, Ricci discloses: (Currently Amended) A computer-implemented method for adjusting a passenger cargo seat of a vehicle, the method comprising: obtaining a user profile […], the user profile corresponding to a seat position of the passenger seat; and based on the user profile, automatically adjusting the passenger seat […]. See [Ricci, pg. 5, para 0020], “Embodiments include a non-transitory computer readable medium having instructions stored thereon that, when executed by a processor, perform operations comprising the above methods. Embodiments include a device, means, and/or system configured to perform the above methods.” See again [Ricci, pg. 14, para 0162], which describes the vehicle with a driver seat and passenger seat and [Ricci, pg. 10, para 0113], which describes the profile data, including user profiles for gathering vehicle preferences, including seat settings. Also see again [Ricci, pg. 12, para 0134], which further describes the interaction of, or connection between, the data store and the vehicle control system, [Ricci, pgs. 23-24, paras 0240-0241 and para 0254], which describe the profile identification module, which is used to recognize a user and retrieve a user profile, and finally [Ricci, FIG. 8 and pgs. 24-25, paras 0255-0256], which describe the vehicle control module controlling vehicle settings, or communicating with the vehicle control system to control settings and the environmental control module receiving the user information via the subsystem to control the seat system.
Ricci does not disclose: […] for locating cargo on a passenger seat of the vehicle, [… automatically adjusting the passenger seat] to a cargo setting such that the passenger seat is moved from a first position to a second position that positions cargo on the passenger seat to facilitatewhile a driver remains seated, wherein the second position comprises at least one of: a change in seat height, a change in a lateral or longitudinal position of the passenger seat relative to the driver seat, or a change in an orientation of the passenger seat.
However, Kuhley teaches: […] automatically adjusting the passenger seat to a [cargo] setting such that the passenger seat is moved from a first position to a second position […] wherein the second position comprises at least one of: a change in seat height, a change in a lateral or longitudinal position of the passenger seat relative to the driver seat, or a change in an orientation of the passenger seat. See again [Kuhley, pgs. 3-4, para 0010], which explains that the passenger seat is positioned relative to the driver's seat. Also see again [Kuhley, pgs. 4-5, paras 0013-0015], which explains that the system can distinguish between a person and an object and uses a middle position for an object, while with a passenger in the seat, is arranged the farthest out of sight, or back. Finally see again [Kuhley, pgs. 5-6, para 0016], which explains that the passenger seat can be adjusted in height, longitudinally, or in inclination to achieve the rest position and [Kuhley, pg. 14, para 0044], which further details the adjustment system for adjusting the seat longitudinal position, height, and inclination.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Kuhley to include detecting an object and adjusting the passenger seat, relative to the driver seat, using longitudinal, height, and inclination adjustments. Doing so allows the passenger seat to be adjusted in coordination with the driver’s seat, which ensures that when the object is placed in the seat the passenger seat is adjust to an optimal position within an active safety zone, so that, for example, the driver can still see [Kuhley, pgs. 3-4, para 0009].
However, Jensen teaches: […] for such that the passenger seat is moved from a first position to a second position that positions cargo on the passenger seat to facilitatewhile a driver remains seated, wherein the second position comprises at least one of: […], or a change in an orientation of the passenger seat. See again [Jensen, pg. 1, paras 0003-0005], which explain that the passenger seat is adjusted for facilitating sufficient clearance for package storage, by adjusting the passenger seat from a sitting position to a package storage position, which includes lowering the seat back.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Jensen to include seat positions specifically for facilitating placement or retrieval of cargo. Doing so allows for transitioning between safe configurations for package storage and passenger sitting, as well as, providing sufficient package clearances without requiring user intervention [Jensen, pg. 1, para 0003-0005].
Examiner’s Note: The functionality of the invention would not be impacted by a driver sitting in the vehicle or standing outside of the vehicle, where the positioning of the seat in a “package storage position” provides sufficient clearance on either side due to the seat assembly moving from an upright to a lowered position. Therefore, although not explicitly stated by Jensen, it is inherent that the “package storage position” would “facilitate placement or retrieval of the cargo from a driver side of the vehicle while a driver remains seated,” as recited in Claim 1. Specifying “from a driver side of the vehicle while a driver remains seated” reads as intended use and “the package storage position,” discussed in Jensen, could facilitate placement or retrieval from any orientation.
As stated in MPEP 2114(I): INHERENCY AND FUNCTIONAL LIMITATIONS IN APPARATUS CLAIMS: “If an examiner concludes that a functional limitation is an inherent characteristic of the prior art, then to establish a prima case of anticipation or obviousness, the examiner should explain that the prior art structure inherently possesses the functionally defined limitations of the claimed apparatus.” And further, in MPEP 2214(II): MANNER OF OPERATING THE DEVICE DOES NOT DIFFERENTIATE APPARATUS CLAIM FROM THE PRIOR ART: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim.”
Regarding Claim 14, Ricci as modified discloses the limitations of Claim 9.
Ricci further discloses: (Original) […] the user profile is obtained from a database for storing one or more user profiles corresponding to passenger seat positions for cargo of one or more drivers. See [Ricci, pg. 14, para 0162], which describes the vehicle with a driver seat and passenger seat and [Ricci, pg. 10, para 0113], which describes the profile data, including user profiles for gathering vehicle preferences, including seat settings. Also see again [Ricci, pg. 12, para 0134], which further describes the interaction of, or connection between, the data store and the vehicle control system, [Ricci, pgs. 23-24, paras 0240-0241 and para 0254], which describe the profile identification module, which is used to recognize a user and retrieve a user profile, and finally [Ricci, FIG. 8 and pgs. 24-25, paras 0255-0256], which describe the vehicle control module controlling vehicle settings, or communicating with the vehicle control system to control settings and the environmental control module receiving the user information via the subsystem to control the seat system. See also [Ricci, pg. 6, para 0031], which describes the computer-readable medium that can be used as a database and [Ricci, pg. 7, para 0053], which explains the user profiles can be stored in the database.
Regarding Claim 16, Ricci as modified discloses the limitations of Claim 9.
Ricci does not disclose: (Original) […] after the cargo is retrieved from the vehicle, the passenger seat is automatically adjusted to a passenger setting, the passenger setting being different from the cargo setting.
However, Kuhley further teaches: (Original) […] after the cargo is retrieved from the vehicle, the passenger seat is automatically adjusted to a passenger setting, the passenger setting being different from the cargo setting. See again [Kuhley, pgs. 4-5, paras 0013 and 0015], which explains that the system can distinguish between a person and an object and uses different positions if the seat is occupied by an object or a passenger.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Kuhley to include detecting an object and adjusting the passenger seat in a middle position, relative to the driver seat. Doing so allows the passenger seat to be adjusted in coordination with the driver’s seat, which ensures that when the object is placed in the seat the driver can still see [Kuhley, pg. 3, para 0009]. Additionally, this would ensure that a passenger would be comfortable [Kuhley, pg. 5, para 0015] and when there is nothing in the seat, the seat can be moved back as far as possible to ensure the best visibility of the driver [Kuhley, pg. 4, para 0012].
Claims 2-3, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ricci, in view of Kuhley and Jensen, and further in view of Lippman et al., PG Pub US-2017/0072816-A1 (herein "Lippman").
Regarding Claim 2, Ricci as modified discloses the limitations of Claim 1.
Ricci does not disclose: (Original) […] the passenger seat is adjusted to the cargo setting when a driver approaches the vehicle.
However, Lippman teaches: (Original) […] the passenger seat is adjusted to the [cargo] setting when a driver approaches the vehicle. See [Lippman, pg. 3, para 0019], which explains that the system can detect an approaching occupant, a passenger or a driver, and collect the occupant characteristics, “FIG. 2 is an exemplary illustration of an external object detection vehicle system 200 characterizing expected occupants 206, 208 and other occupants not shown proximate to the vehicle 102. For example, as an expected passenger 206 approaches the vehicle 102, a signal from a key fob or a signal from a vehicle keyless entry keypad is received by a controller in the vehicle. The controller activates an EODM 124 such as a side impact detection or blind spot detection system. The EODM 124 may gather data from many different sensors including vision or optical sensors, LiDAR, RADAR, ultrasonic and electromagnetic. […] In this example, the EODM 124 records physical characteristics of an expected driver 206 positioned near the driver door and expected passengers 208 and other occupants not shown positioned near a driver side passenger door including a driver side rear passenger door. This example is for a 4-door vehicle. In a 4-door vehicle the rear seat is pivoted forward, usually manually, so a rear passenger can climb into the 3rd row seat." See also [Lippman, pg. 3, para 0021], which explains that a module adjusts the passenger seat based on the collected data, “Based on the data from the EODM 124, a seat module such as a rear seat module may adjust the position of the rear seat base and the angle of the rear seat back […]."
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Lippman to include adjusting based on an approaching occupant. Doing so allows the seat to be adapted when the person approaches, accommodate vehicle loading [Lippman, pg. 3, para 0019], and ensure that the seat settings match the required memory settings, or preset seat positions [Lippman, pg. 1, para 0002].
Regarding Claim 3, Ricci as modified discloses the limitations of Claim 1.
Ricci does not disclose: (Original) […] the passenger seat is adjusted to the cargo setting when the vehicle is parked.
However, Lippman teaches: (Original) […] the passenger seat is adjusted to the [cargo] setting when the vehicle is parked. See [Lippman, pg. 4, para 0026], which explains that when the vehicle is parked, and someone approaches, the vehicle will adjust the seats, “Also, for example, a vehicle parked in a parking lot between two vehicles may detect that a 2nd row passenger 208 and a 3rd row passenger is approaching and adjust the 2nd row seat accordingly."
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Lippman to include adjusting based on an approaching occupant. Doing so allows the seat to be adapted when the person approaches, accommodate vehicle loading [Lippman, pg. 3, para 0019], and ensure that the seat settings match the required memory settings, or preset seat positions [Lippman, pg. 1, para 0002].
Regarding Claim 10, Ricci as modified discloses the limitations of Claim 9.
Ricci does not disclose: (Original) […] the passenger seat is adjusted to the cargo setting when a driver approaches the vehicle.
However, Lippman teaches: (Original) […] the passenger seat is adjusted to the [cargo] setting when a driver approaches the vehicle. See [Lippman, pg. 3, para 0019], which explains that the system can detect an approaching occupant, a passenger or a driver, and collect the occupant characteristics.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Lippman to include adjusting based on an approaching occupant. Doing so allows the seat to be adapted when the person approaches, accommodate vehicle loading [Lippman, pg. 3, para 0019], and ensure that the seat settings match the required memory settings, or preset seat positions [Lippman, pg. 1, para 0002].
Regarding Claim 11, Ricci as modified discloses the limitations of Claim 9.
Ricci does not disclose: (Original) […] the passenger seat is adjusted to the cargo setting when the vehicle is parked.
However, Lippman teaches: (Original) […] the passenger seat is adjusted to the [cargo] setting when the vehicle is parked. See [Lippman, pg. 4, para 0026], which explains that when the vehicle is parked and someone approaches the vehicle will adjust the seats.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Lippman to include adjusting based on an approaching occupant. Doing so allows the seat to be adapted when the person approaches, accommodate vehicle loading [Lippman, pg. 3, para 0019], and ensure that the seat settings match the required memory settings, or preset seat positions [Lippman, pg. 1, para 0002].
Claims 4-5 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ricci, in view of Kuhley and Jensen, and further in view of Breed et al., PG Pub US-2008/0157940-A1 (herein "Breed").
Regarding Claim 4, Ricci as modified discloses the limitations of Claim 1.
Ricci does not disclose: (Previously Presented) […] wherein the passenger seat is adjusted to the cargo setting when a driver shuts off an engine of the vehicle.
However, Breed teaches: (Previously Presented) […] wherein the passenger seat is adjusted to the cargo setting when a driver shuts off an engine of the vehicle. See [Breed, pg. 68, para 0792], which explains that seats are adjusted seats based on the occupant leaving the vehicle, or shutting off the engine, “If during some set time period after the seat has been positioned, the operator changes these adjustments, the new positions of the seat are stored in association with an occupant height class in a second table within control circuit 254. When the occupant again occupies the seat and his or her height has once again been determined, the control circuit 254 will find an entry in the second table which takes precedence over the basic, original table and the seat returns to the adjusted position. When the occupant leaves the vehicle, or even when the engine is shut off and the door opened, the seat can be returned to a neutral position which provides for easy entry and exit from the vehicle."
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Breed to include adjusting the seat when the driver shuts off the engine. Doing so would ensure that the passenger seat is positioned in a way to allow for easy entry or exit, or accessibility [Breed, pg. 68, para 0792].
Regarding Claim 5, Ricci as modified discloses the limitations of Claim 1.
Ricci does not disclose: (Original) […] the passenger seat is adjusted to the cargo setting when a driver exits the vehicle.
However, Breed teaches: (Original) […] the passenger seat is adjusted to the [cargo] setting when a driver exits the vehicle. See [Breed, pg. 68, para 0792], which explains that seats are adjusted seats based on the occupant leaving the vehicle, or shutting off the engine, “If during some set time period after the seat has been positioned, the operator changes these adjustments, the new positions of the seat are stored in association with an occupant height class in a second table within control circuit 254. When the occupant again occupies the seat and his or her height has once again been determined, the control circuit 254 will find an entry in the second table which takes precedence over the basic, original table and the seat returns to the adjusted position. When the occupant leaves the vehicle, or even when the engine is shut off and the door opened, the seat can be returned to a neutral position which provides for easy entry and exit from the vehicle."
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Breed to include adjusting the seat when the occupant leaves the vehicle. Doing so would ensure that the passenger seat is positioned in a way to allow for easy entry or exit, or accessibility [Breed, pg. 68, para 0792].
Regarding Claim 12, Ricci as modified discloses the limitations of Claim 9.
Ricci does not disclose: (Previously Presented) […] the passenger seat is adjusted to the cargo setting when a driver shuts off an engine of the vehicle.
However, Breed teaches: (Previously Presented) […] the passenger seat is adjusted to the cargo setting when a driver shuts off an engine of the vehicle. See [Breed, pg. 68, para 0792], which explains that seats are adjusted seats based on the occupant leaving the vehicle, or shutting off the engine.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Breed to include adjusting the seat when the driver shuts off the engine. Doing so would ensure that the passenger seat is positioned in a way to allow for easy entry or exit, or accessibility [Breed, pg. 68, para 0792].
Regarding Claim 13, Ricci as modified discloses the limitations of Claim 9.
Ricci does not disclose: (Original) […] the passenger seat is adjusted to the cargo setting when a driver exits the vehicle.
However, Breed teaches: (Original) […] the passenger seat is adjusted to the cargo setting when a driver exits the vehicle. See [Breed, pg. 68, para 0792], which explains that seats are adjusted seats based on the occupant leaving the vehicle, or shutting off the engine.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Breed to include adjusting the seat when the occupant leaves the vehicle. Doing so would ensure that the passenger seat is positioned in a way to allow for easy entry or exit, or accessibility [Breed, pg. 68, para 0792].
Claims 7, 15, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ricci, in view of Kuhley and Jensen, and further in view of Kitano et al., PG Pub US-2004/0026947-A1 (herein "Kitano").
Regarding Claim 7, Ricci as modified discloses the limitations of Claim 1.
Ricci does not disclose: (Previously Presented) […] the vehicle further comprises an adjustable center console between the driver seat and passenger seat; the user profile corresponds to a position of the center console; and based on the user profile, the system automatically adjusts the center console such that the cargo is accessible to a driver of the vehicle.
However, Kitano teaches: (Previously Presented) […] the vehicle further comprises an adjustable center console between the driver seat and passenger seat. See [Kitano, Abstract], which describes the center console between the front driver and passenger seat, “A central console unit as disposing means which is disposed in a position between a driver's seat and a front-passenger's seat in a motor vehicle as a mobile body.” See also [Kitano, FIG. 2 and pg. 9, para 0131], which explains that the center console can be moved, “[…] an operating part 241 which is operated to move the central console unit 200 in the direction A; an operating part 242 which is operated to move the central console unit 200 in the direction B […].”
And: the user profile corresponds to a position of the center console. See [Kitano, pg. 10, para 0149], which explains that a predetermined value can be selected from those that are stored in memory and correlated to the seat position, “This set value selecting means 1101 selects a predetermined set value based on a command signal outputted by the operating part 241, 242 from movement set values stored in memory means 1102 (to be described in more detail hereinafter) and outputs this set value. Reference numeral 1102 denotes the memory means which stores therein, while keeping a correlation to the position of each of the seats 120, 130 provided inside the compartment of the motor vehicle […]. […]. The memory means has stored memory as shown in FIG. 12. [0150] The contents of the memory stored in FIG. 12 will be described. The central console unit 200 has 5 positions as the fixing positions. The first position is an initial position, in which the central console unit 200 is housed inside the housing space 109 and is positioned in the front endmost position of the rail 110.”
And: based on the user profile, the system automatically adjusts the center console such that the cargo is accessible to a driver of the vehicle. See [Kitano, pgs. 10-11, paras 0150-0154], which describe the five positions of the center console and [Kitano, FIG. 14 and pg. 11, para 0156], which further describes the housed position, or first position, for when the center console is not use and is moved out of the way, "Namely, while the central console unit 200 is not in use, the central console unit 200 is housed under the central lower part of the instrument panel (first position) as shown in FIG. 14. The operating states of the display 200 and the device operation control part 230 of the central console unit 200 are as shown in FIG. 15."
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci, with Kitano to include an adjustable center console that moves according to the seat positions. Doing so allows the console to be moved out of the way when it is not in use [Kitano, pg. 11, para 0156].
Regarding Claim 15, Ricci as modified discloses the limitations of Claim 9.
Ricci does not disclose: (Previously Presented) […] the vehicle further comprises an adjustable center console between the driver seat and passenger seat; the user profile corresponds to a position of the center console; and based on the user profile, automatically adjusting the center console such that the cargo is accessible to a driver of the vehicle.
However, Kitano teaches: (Previously Presented) […] the vehicle further comprises an adjustable center console between the driver seat and passenger seat. See [Kitano, Abstract], which describes the center console between the front driver and passenger seat and [Kitano, FIG. 2 and pg. 9, para 0131], which explains that the center console can be moved.
And: the user profile corresponds to a position of the center console. See [Kitano, pg. 10, para 0149], which explains that a predetermined value can be selected from those that are stored in memory and correlated to the seat position.
And: based on the user profile, automatically adjusting the center console such that the cargo is accessible to a driver of the vehicle. See [Kitano, pgs. 10-11, paras 0150-0154], which describe the five positions of the center console and [Kitano, FIG. 14 and pg. 11, para 0156], which further describes the housed position, or first position, for when the center console is not use and is moved out of the way.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci, with Kitano to include an adjustable center console that moves according to the seat positions. Doing so allows the console to be moved out of the way when it is not in use [Kitano, pg. 11, para 0156].
Regarding Claim 17, Ricci discloses: (Currently Amended) A method for adjusting a passenger seat of a vehicle, the method comprising: obtaining a user profile […]; and based on the user profile, automatically adjusting at least one of a passenger seat or center console […]. See again [Ricci, pg. 14, para 0162], which describes the vehicle with a driver seat and passenger seat and [Ricci, pg. 10, para 0113], which describes the profile data, including user profiles for gathering vehicle preferences, including seat settings. Also see again [Ricci, pg. 12, para 0134], which further describes the interaction of, or connection between, the data store and the vehicle control system, [Ricci, pgs. 23-24, paras 0240-0241 and para 0254], which describe the profile identification module, which is used to recognize a user and retrieve a user profile, and finally [Ricci, FIG. 8 and pgs. 24-25, paras 0255-0256], which describe the vehicle control module controlling vehicle settings, or communicating with the vehicle control system to control settings and the environmental control module receiving the user information via the subsystem to control the seat system.
Ricci does not disclose: […] for such that the passenger seat is moved from a first position to a second position that positions cargo on the passenger seat to facilitatewhile a driver remains seated, wherein the second position comprises at least one of: a change in seat height, a change in a lateral or longitudinal position of the passenger seat relative to the driver seat, or a change in an orientation of the passenger seat.
However, Kuhley further teaches: […] automatically adjusting at least one of a passenger seat or center console to a cargo setting such that the passenger seat is moved from a first position to a second position […] wherein the second position comprises at least one of: a change in seat height, a change in a lateral or longitudinal position of the passenger seat relative to the driver seat, or a change in an orientation of the passenger seat. See again [Kuhley, pgs. 3-4, para 0010], which explains that the passenger seat is positioned relative to the driver's seat. Also see again [Kuhley, pgs. 4-5, paras 0013-0015], which explains that the system can distinguish between a person and an object and uses a middle position for an object, while with a passenger in the seat, is arranged the farthest out of sight, or back. Finally see again [Kuhley, pgs. 5-6, para 0016], which explains that the passenger seat can be adjusted in height, longitudinally, or in inclination to achieve the rest position and [Kuhley, pg. 14, para 0044], which further details the adjustment system for adjusting the seat longitudinal position, height, and inclination.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Kuhley to include detecting an object and adjusting the passenger seat, relative to the driver seat, using longitudinal, height, and inclination adjustments. Doing so allows the passenger seat to be adjusted in coordination with the driver’s seat, which ensures that when the object is placed in the seat the passenger seat is adjust to an optimal position within an active safety zone, so that, for example, the driver can still see [Kuhley, pgs. 3-4, para 0009].
However, Jensen teaches: […] for such that the passenger seat is moved from a first position to a second position that positions cargo on the passenger seat to facilitatewhile a driver remains seated, wherein the second position comprises at least one of: […], or a change in an orientation of the passenger seat. See again [Jensen, pg. 1, paras 0003-0005], which explain that the passenger seat is adjusted for facilitating sufficient clearance for package storage, by adjusting the passenger seat from a sitting position to a package storage position, which includes lowering the seat back.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Jensen to include seat positions specifically for facilitating placement or retrieval of cargo. Doing so allows for transitioning between safe configurations for package storage and passenger sitting, as well as, providing sufficient package clearances without requiring user intervention [Jensen, pg. 1, para 0003-0005].
Examiner’s Note: The functionality of the invention would not be impacted by a driver sitting in the vehicle or standing outside of the vehicle, where the positioning of the seat in a “package storage position” provides sufficient clearance on either side due to the seat assembly moving from an upright to a lowered position. Therefore, although not explicitly stated by Jensen, it is inherent that the “package storage position” would “facilitate placement or retrieval of the cargo from a driver side of the vehicle while a driver remains seated,” as recited in Claim 1. Specifying “from a driver side of the vehicle while a driver remains seated” reads as intended use and “the package storage position,” discussed in Jensen, could facilitate placement or retrieval from any orientation.
As stated in MPEP 2114(I): INHERENCY AND FUNCTIONAL LIMITATIONS IN APPARATUS CLAIMS: “If an examiner concludes that a functional limitation is an inherent characteristic of the prior art, then to establish a prima case of anticipation or obviousness, the examiner should explain that the prior art structure inherently possesses the functionally defined limitations of the claimed apparatus.” And further, in MPEP 2214(II): MANNER OF OPERATING THE DEVICE DOES NOT DIFFERENTIATE APPARATUS CLAIM FROM THE PRIOR ART: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim.”
However, Kitano further teaches: automatically adjusting at least one of a […] center console […]. See [Kitano, Abstract], which describes the center console between the front driver and passenger seat and [Kitano, FIG. 2 and pg. 9, para 0131], which explains that the center console can be moved. See [Kitano, pg. 10, para 0149], which explains that a predetermined value can be selected from those that are stored in memory and correlated to the seat position. Finally see [Kitano, pgs. 10-11, paras 0150-0154], which describe the five positions of the center console and [Kitano, pg. 11, para 0156], which further describes the housed position, or first position, for when the center console is not use and is moved out of the way.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci, with Kitano to include an adjustable center console that moves according to the seat positions. Doing so allows the console to be moved out of the way when it is not in use [Kitano, pg. 11, para 0156].
Examiner’s Note: Kitano teaches adjusting the center console to multiple positions relative to the seat positions, including using positions stored in memory. Although not explicitly stated as a use, the relative positioning of the seats and center console could also be used for placing and retrieving cargo on the passenger seat.
Regarding Claim 20, Ricci as modified discloses the limitations of Claim 17.
Ricci does not disclose: (Original) […] after the cargo is retrieved from the vehicle, at least one of the passenger seat or center console are automatically adjusted to a passenger setting, the passenger setting being different from the cargo setting.
However, Kuhley further teaches: (Original) […] after the cargo is retrieved from the vehicle, at least one of the passenger seat or center console are automatically adjusted to a passenger setting, the passenger setting being different from the cargo setting. See again [Kuhley, pgs. 4-5, paras 0013 and 0015], which explains that the system can distinguish between a person and an object and uses different positions if the seat is occupied by an object or a passenger.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Kuhley to include detecting an object and adjusting the passenger seat in a middle position, relative to the driver seat. Doing so allows the passenger seat to be adjusted in coordination with the driver’s seat, which ensures that when the object is placed in the seat the driver can still see [Kuhley, pg. 3, para 0009]. Additionally, this would ensure that a passenger would be comfortable [Kuhley, pg. 5, para 0015] and when there is nothing in the seat, the seat can be moved back as far as possible to ensure the best visibility of the driver [Kuhley, pg. 4, para 0012].
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Ricci, in view of Kuhley, Jensen, and Kitano, and further in view of Lippman.
Regarding Claim 18, Ricci as modified discloses the limitations of Claim 17
Ricci further discloses: (Original) […] wherein the adjustment occurs when a driver: […] enters the vehicle. See [Ricci, pg. 23, para 0241], which explains that when the user enters the vehicle, profile identification module recognizes the user, and adjust the components according the user profile information, “By way of example, a user 216 may enter the vehicle 104 with a smart phone or other device 212. In response to determining that a user 216 is inside the vehicle 104, the profile identification module 848 may determine that a user profile is associated with the user's smart phone 212. As another example, the system 800 may receive information about a user 216 (e.g., from a camera 878, microphone 886, etc.), and, in response to receiving the user information, the profile identification module 848 may refer to the profile database 856 to determine whether the user information matches a user profile stored in the database 856. It is anticipated that the profile identification module 848 may communicate with the other components of the system to load one or more preferences, settings, and/or conditions based on the user profile. Further, the profile identification module 848 may be configured to control components of the system 800 based on user profile information.” Also see again [Ricci, pg. 24, para 0254], which describes the profile identification module, which is used to recognize a user and retrieve a user profile and [Ricci, FIG. 8 and pgs. 24-25, paras 0255-0256], which further describes the vehicle control module controlling vehicle settings, or communicating with the vehicle control system to control settings and the environmental control module receiving the user information via the subsystem to control the seat system.
Ricci does not disclose: (Original) […] wherein the adjustment occurs when a driver: approaches the vehicle.
However, Lippman teaches: (Original) […] wherein the adjustment occurs when a driver: approaches the vehicle. See [Lippman, pg. 3, para 0019], which explains that the system can detect an approaching occupant, a passenger or a driver, and collect the occupant characteristics and [Lippman, pg. 3, para 0021], which explains that a module adjusts the passenger seat based on the collected data.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Lippman to include adjusting based on an approaching occupant. Doing so allows the seat to be adapted when the person approaches, accommodate vehicle loading [Lippman, pg. 3, para 0019], and ensure that the seat settings match the required memory settings, or preset seat positions [Lippman, pg. 1, para 0002].
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Ricci, in view of Kuhley, Kitano, and Jensen, further in view of Lippman and Breed.
Regarding Claim 19, Ricci as modified discloses the limitations of Claim 17.
Ricci further disclose: (Original) […] wherein the adjustment occurs when: the vehicle approaches a parking spot. See [Ricci, pgs. 17-18, para 0191], which explains that the vehicle sensors, including parking sensors, collect information regarding the vehicle and communicate with the vehicle control system, “The vehicle 104 can include a number of sensors in wireless or wired communication with the vehicle control system 204 and/or display device 212, 248 to collect sensed information regarding the vehicle state, configuration, and/ or operation. Exemplary sensors may include one or more of, but are not limited to, […] one or more interior-facing or exterior-facing cameras or other imaging sensors (which commonly convert an optical image into an electronic signal but may include other devices for detection objects […], such as other vehicles and pedestrians and optionally determine the distance, trajectory and speed of such objects, in the vicinity or path of the vehicle, […] vision system sensor, ranging sensor, parking sensor […]." See again [Ricci, FIG. 8 and pgs. 24-25, paras 0255-0256], which describe the vehicle control module controlling vehicle settings, or communicating with the vehicle control system to control settings and the environmental control module receiving the user information via the subsystem to control the seat system.
Ricci does not disclose: (Original) […] wherein the adjustment occurs when: […] the vehicle is parked; an engine of the vehicle is turned off; or the driver exits the vehicle.
However, Lippman teaches: (Original) […] wherein the adjustment occurs when: […] the vehicle is parked. See [Lippman, pg. 4, para 0026], which explains that when the vehicle is parked and someone approaches, the vehicle will adjust the seats.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Lippman to include adjusting based on an approaching occupant. Doing so allows the seat to be adapted when the person approaches, accommodate vehicle loading [Lippman, pg. 3, para 0019], and ensure that the seat settings match the required memory settings, or preset seat positions [Lippman, pg. 1, para 0002].
However, Breed teaches: (Original) […] wherein the adjustment occurs when: […] an engine of the vehicle is turned off; or the driver exits the vehicle. See [Breed, pg. 68, para 0792], which explains that seats are adjusted seats based the occupant leaving the vehicle, or shutting off the engine.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Ricci with Breed to include adjusting the seat when the driver shuts off the engine or leaves the vehicle. Doing so would ensure that the passenger seat is positioned in a way to allow for easy entry or exit, or accessibility [Breed, pg. 68, para 0792].
Conclusion
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 ERIN MARIE HARTMANN whose telephone number is (571)272-5309. The examiner can normally be reached M-F 7-5.
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, Kito Robinson can be reached at (571) 270-3921. 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.
/E.M.H./Examiner, Art Unit 3664
/KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664