DETAILED ACTION
This office action is in response to Applicant Arguments and Remarks Made in an Amendment filed on 03/31/2026.
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/31/2026 was received and reviewed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of Claims
This office action is in response to application number 18/453,395 filed on 08/22/2023, in which claims 3, 13, & 20-45 were canceled from consideration and 1-2, 4-12 & 14-19 are presented for examination.
Response to Arguments
Applicant's arguments filed 03/31/2026 have been fully considered and are addressed as follows:
Regarding the claim(s) rejections under 35 USC §103: Applicant's arguments filed 03/31/2026 has been fully considered but they are not persuasive. Applicant argues, “Indeed, neither the cited paragraphs of Nicola nor any other portion of Nicola discloses likes or dislikes about a seat actuation profile. As a result, independent claims 1 and 10, along with their respective dependent claims, are in condition for allowance. Further, nowhere does Nicola disclose receiving feedback (including a rating) from a user about the modified seat actuation profile or the new seat actuation profile or a portion thereof. Indeed, neither the cited paragraphs of Nicola nor any other portion of Nicola describes a user providing a rating.”
The Examiner respectfully disagrees. Page 16-17, paragraph [0064] of applicant’s spec discloses “the control module(s) 280 can prompt the user for approval to implement the suggested actuation profile. In some instances, the user can provide feedback on the suggested actuation profile by providing inputs on the input interface(s) 250. The feedback can include the user's rating or feelings about the suggested actuation profile overall or one or more portions of the suggested actuation profile. In some instances, the user can provide feedback in the form of "likes" or "dislikes" or any other suitable form based on the current sensation provided by the seat actuators 120.” The broadest reasonable interpretation is in the “like” or “dislike” being considered feedback in the form of a rating, which Nicola discloses in paragraph [0074] “At step 430, once the recommended seat adjustments are approved, the seat 102 is adjusted based on the recommendation.”
Claim Objections
Claims 19 is objected to because of the following informalities:
Claim 19: Ln. 15-16 has a grammar error in that the sentence includes “includes” before “including”. The instance of “includes” should be removed to reflect the changes in claim 9. Example: “receiving feedback from a user about the modified seat actuation profile or the new seat actuation profile or a portion thereof, the feedback
Appropriate correction is required.
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 1-2, 4-12, & 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Pereny et al. US 20160339801 A1 (hereinafter Pereny) in view of Nicola et al. US 20230249599 A1 (hereinafter Nicola).
Claim 10: Pereny discloses a system for seat actuation comprising: a seat [[0029]; FIG. 3 illustrates the vehicle seat assembly 28 with a cover removed]; an actuator operatively connected to the seat [[0003]; at least one actuator is operably connected to at least one of the seat cushion and the seat back for adjustment of at least one of a plurality of settings of the seat assembly]; and one or more processors operatively connected to the actuator, the one or more processors being programmed to initiate executable operations [[0003] & [0006]; a controller is in electrical communication with the at least one actuator and configured to: receive a data input indicative of occupant anthropometry data. (...) the computer-program product is provided with instructions for: receiving a data input indicative of occupant anthropometry data] comprising: (…).
Pereny does not explicitly disclose receiving user data relating to a seat actuation profile, the user data being a like or dislike about the seat actuation profile or a portion of the seat actuation profile, the like corresponding to approval, and the dislike corresponding to disapproval; modifying the seat actuation profile or creating a new seat actuation profile based on the user data; and causing the modified seat actuation profile or the new seat actuation profile to be implemented, whereby one or more actuators operatively connected to a seat are selectively activated and/or deactivated in accordance with the modified seat actuation profile or the new seat actuation profile.
Nicola teaches receiving user data relating to a seat actuation profile, the user data being a like or dislike about the seat actuation profile or a portion of the seat actuation profile, the like corresponding to approval, and the dislike corresponding to disapproval [[0073]; At step 428, a determination is made whether to perform recommended automatic seat 102 adjustment for the user 104. For example, the display device 112 can provide a prompt to the user 104, including approval of the recommended changes. If no changes are needed or desired, the process 400 advances to step 436 where the current seat contour configuration is saved to the user's profile and the process 400 ends. If the recommended change is approved, at step 428, the computing environment 106 advances to step 430. In some embodiments, the automatic seat adjustment is based on the user's 104 assessed size, shape, and individual preferences input by the user 104]; modifying the seat actuation profile or creating a new seat actuation profile based on the user data [[0062]; Initially, at step 402, a user profile is optionally created to allow for a more accurate initial tailoring of the seat 102. (...). The user 104 can also edit, update, review, etc. the user profile in a similar manner. Accessing the user profile for creation, edition, viewing, etc. can be performed using devices in the system 100. For example, the local computing environment can include a touch screen for accessing and editing the user profile or an app can be downloaded on the user device 114.]; and causing the modified seat actuation profile or the new seat actuation profile to be implemented, whereby one or more actuators operatively connected to a seat are selectively activated and/or deactivated in accordance with the modified seat actuation profile or the new seat actuation profile [[0078]; a seat personalization prompt and upon approval of the seat personalization, the seat contour is automatically adjusted, for example, by adjusting the plurality of bladders 312 based on the pressure and posture assessment].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Pereny in view of Nicola with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – Seat controls. The combination would utilize smart seat technology to personalize the user’s experience [Nicola; [0024]; The system and method of the present disclosure provides many benefits over conventional seats. These benefits include ease of use with minimal input required from occupants, personalized experience based on measured data (pressure, temperature, posture etc.) from each individual occupant, optimized adjustments to ensure continuous comfort throughout driving experience, and accurate wellness scoring based on in seat measurements and/or artificial intelligence].
Claim 11: The combination of Pereny and Nicola teach the system of claim 10, accordingly, the rejection of claim 10 above is incorporated.
Pereny discloses the system of claim 10, wherein the one or more processors are located onboard a vehicle [[0025]; The seating system can be employed in original equipment for vehicles or in aftermarket products].
Claim 12: The combination of Pereny and Nicola teach the system of claim 10, accordingly, the rejection of claim 10 above is incorporated.
Pereny discloses the system of claim 10, further including a user interface [[0032]; the data may be input from an interface that is provided in the vehicle], and wherein the user data includes a user input provided on the user interface [[0033]; FIGS. 4-9 illustrate display images from an interface, such as a tablet. FIG. 4 illustrates a welcome screen wherein a data collection process is initiated].
Claim 14: The combination of Pereny and Nicola teach the system of claim 10, accordingly, the rejection of claim 10 above is incorporated.
Pereny discloses the system of claim 10, wherein the user data is received from a personal device operatively connected to the one or more processors [[0032]; the interface may be remote, such as a personal digital assistant (PDA) including phones, tablets and the like].
Claim 15: The combination of Pereny and Nicola teach the system of claim 14, accordingly, the rejection of claim 14 above is incorporated.
Pereny discloses the system of claim 14, wherein the user data includes user health information [[0033]; FIGS. 5 and 6 illustrate input screens wherein biometric, personal health and personal preference data, such as height and wellness, is collected].
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Figure 5 & 6: Pereny
Claim 16: The combination of Pereny and Nicola teach the system of claim 14, accordingly, the rejection of claim 14 above is incorporated.
Pereny discloses the system of claim 14, wherein the user data includes user context data about an activity, sleep, location, or movement of a user. [[0033]; FIGS. 5 and 6 illustrate input screens wherein biometric, personal health and personal preference data, such as height and wellness, is collected].
Examiner note: Activity data in the claim is interpreted as the driving frequency in Figure 5 and Figure 6: “How Often do you drive your primary vehicle” “ Often, 4 to 6 days per…”
Claim 17: The combination of Pereny and Nicola teach the system of claim 10, accordingly, the rejection of claim 10 above is incorporated.
Pereny discloses the system of claim 10, further including a seat occupant sensor configured to acquire user data from a seat occupant [[0005]; a plurality of sensors is operably connected to at least one of the seat cushion and the seat back to detect a seating position of an occupant], wherein the seat occupant sensor is operatively connected to the one or more processors [[0005]; a controller is in electrical communication with the plurality of sensors], and wherein the user data is received from the seat occupant sensor [[0005]; receive occupant position data from the plurality of sensors].
Pereny does not explicitly disclose wherein the seat occupant sensor includes one or more biosensors.
Nicola teaches wherein the seat occupant sensor includes one or more biosensors [[0035]; the feedback devices 110 can include cameras, physiological sensors, biometric sensors, pressure sensors, and wearable devices].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Pereny in view of Nicola with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – Seat controls. The combination would utilize smart seat technology to personalize the user’s experience [Nicola; [0024]; The system and method of the present disclosure provides many benefits over conventional seats. These benefits include ease of use with minimal input required from occupants, personalized experience based on measured data (pressure, temperature, posture etc.) from each individual occupant, optimized adjustments to ensure continuous comfort throughout driving experience, and accurate wellness scoring based on in seat measurements and/or artificial intelligence].
Claim 18: The combination of Pereny and Nicola teach the system of claim 10, accordingly, the rejection of claim 10 above is incorporated.
Pereny discloses the system of claim 10, wherein causing the modified seat actuation profile or the new seat actuation profile to be implemented [[0011]; a method for adjusting a seat assembly is provided with a step of receiving an occupant data input indicative of occupant anthropometry data] includes automatically causing the modified seat actuation profile or the new seat actuation profile to be implemented [[0008]; a computer-program product is embodied in a non-transitory computer readable medium that is programmed for automatically adjusting a seat assembly. The computer-program product is provided with instructions for: receiving an occupant data input indicative of occupant anthropometry data].
Claim 19: Pereny discloses A system for seat actuation comprising: a seat [[0029]; FIG. 3 illustrates the vehicle seat assembly 28 with a cover removed]; an actuator operatively connected to the seat [[0003]; at least one actuator is operably connected to at least one of the seat cushion and the seat back for adjustment of at least one of a plurality of settings of the seat assembly]; and one or more processors operatively connected to the actuator, the one or more processors being programmed to initiate executable operations [[0003] & [0006]; a controller is in electrical communication with the at least one actuator and configured to: receive a data input indicative of occupant anthropometry data. (...) the computer-program product is provided with instructions for: receiving a data input indicative of occupant anthropometry data] comprising: (…).
Pereny does not explicitly disclose receiving user data relating to a seat actuation profile; modifying a seat actuation profile or creating a new seat actuation profile based on the user data; causing the modified seat actuation profile or the new seat actuation profile to be implemented, whereby one or more actuators operatively connected to a seat are selectively activated and/or deactivated in accordance with the modified seat actuation profile or the new seat actuation profile; and receiving feedback from a user about the modified seat actuation profile or the new seat actuation profile or a portion thereof, the feedback includes including a rating.
Nicola teaches receiving user data relating to a seat actuation profile [[0073]; At step 428, a determination is made whether to perform recommended automatic seat 102 adjustment for the user 104. For example, the display device 112 can provide a prompt to the user 104, including approval of the recommended changes. If no changes are needed or desired, the process 400 advances to step 436 where the current seat contour configuration is saved to the user's profile and the process 400 ends. If the recommended change is approved, at step 428, the computing environment 106 advances to step 430. In some embodiments, the automatic seat adjustment is based on the user's 104 assessed size, shape, and individual preferences input by the user 104]; modifying a seat actuation profile or creating a new seat actuation profile based on the user data [[0062]; Initially, at step 402, a user profile is optionally created to allow for a more accurate initial tailoring of the seat 102. (...). The user 104 can also edit, update, review, etc. the user profile in a similar manner. Accessing the user profile for creation, edition, viewing, etc. can be performed using devices in the system 100. For example, the local computing environment can include a touch screen for accessing and editing the user profile or an app can be downloaded on the user device 114.]; causing the modified seat actuation profile or the new seat actuation profile to be implemented, whereby one or more actuators operatively connected to a seat are selectively activated and/or deactivated in accordance with the modified seat actuation profile or the new seat actuation profile [[0078]; a seat personalization prompt and upon approval of the seat personalization, the seat contour is automatically adjusted, for example, by adjusting the plurality of bladders 312 based on the pressure and posture assessment]; and receiving feedback from a user about the modified seat actuation profile or the new seat actuation profile or a portion thereof, the feedback includes including a rating [[0045]; Referring to FIG. 3B, in some embodiments, the seat adjustment subsystem 230 includes a combination of components for controlling contouring of the seat 102 to adjust a level of comfort of the user 104 occupying the seat 102. The comfort of the user 104 can be controlled by modifying at least one of seat contouring, positioning, firmness, etc. of the seat 102.].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Pereny in view of Nicola with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – Seat controls. The combination would utilize smart seat technology to personalize the user’s experience [Nicola; [0024]; The system and method of the present disclosure provides many benefits over conventional seats. These benefits include ease of use with minimal input required from occupants, personalized experience based on measured data (pressure, temperature, posture etc.) from each individual occupant, optimized adjustments to ensure continuous comfort throughout driving experience, and accurate wellness scoring based on in seat measurements and/or artificial intelligence].
Claims 1-2 & 4-9: The claims are directed towards a Method of the recited limitations performed by the System of claims 10-12 & 14-19, respectively. The cited portions of Pereny and Nicola used in the rejection of claims 10-12 & 14-19 teach the same steps to perform the Method of claims 1-2 & 4-9. Therefore, claims 1-2 & 4-9 are rejected under the same rationales used in the rejection of claims 10-12 & 14-19 as outlined above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Gage (US 20170361733 A1) discloses a vehicle includes a vehicle seat comprising a seat base structure and a seat back structure pivotally connected to the seat base structure. The seat back structure includes a central adjustable region, an inboard side adjustable region adjacent the central adjustable region and a outboard side adjustable region located adjacent the central adjustable region. The seat back structure includes a central proximity sensor located at the central adjustable region, an inboard side proximity sensor located at the inboard side adjustable region and an outboard side proximity sensor located at the outboard side adjustable region. A seat back structure adjustment apparatus includes a central region adjustable member that adjusts a configuration of the central adjustable region, an inboard side adjustable member that adjusts a configuration of the inboard side adjustable region and an outboard side adjustable member that adjusts a configuration of the outboard adjustable region.
Muck et al. (US 20140210240 A1) discloses a variable lumbar support assembly for a seatback of a vehicle seat assembly includes a support bracket and a lumbar member. The support bracket has an upper end, an opposite lower end, and a pair of side rails extending between the upper end and the lower end. The support bracket has a curved central portion positioned between the upper and the lower end. The lumbar member is slidingly attached to the pair of side rails of the support bracket. The slidingly attachment of the lumbar member along the pair of slide rails provides both a vertical displacement and a fore and aft displacement of the lumbar member.
Gage et al. (US 20180148007 A1) discloses a system for adjusting one or more vehicle settings includes one or more processors, one or more occupant recognition sensors communicatively coupled to the one or more processors and configured to output an occupant recognition signal indicative of an identity of one or more vehicle occupants, and one or more memory modules communicatively coupled to the one or more processors. The one or more memory modules store logic that when executed by the one or more processors, cause the one or more processors to: recognize a first vehicle occupant of the one or more vehicle occupants, determine a first vehicle zone in which the first vehicle occupant is present, automatically adjust the one or more vehicle settings based on one or more occupant preference settings associated with the first vehicle occupant and the first vehicle zone.
Pham (US 20210312169 A1) discloses a weight management system for managing vehicle seat occupant body weight by using vehicle cameras and weight sensors of a plurality of vehicles having onboard communication modules. Each vehicle is equipped to analyze and compare weight changes of the vehicle seat occupant over time. Based on the weight status, a weight management recommendation can be transmitted to the vehicle seat occupant. Each vehicle is operatively connected to a weight management application in a data center. The weight management application includes a registration module which registers each vehicle. Additionally, a vehicle seat occupant may register with the weight management application to have his/her weight analyzed when travelling in any of the plurality of vehicles. The weight management application requests a search of a data lake and analysis of search results by a weight data artificial intelligence analytics program to improve the weight management recommendation.
Lota (US 20180111511 A1) discloses vehicle seat adjustment systems including cameras are disclosed. The vehicle seat adjustment system includes a camera configured to capture a seat arrangement of a front seat of a vehicle and one or more seats behind the front seat, a screen, communicatively coupled to the camera, configured to display the seat arrangement captured by the camera, an input device configured to receive an input from a user for adjusting positions of the one or more seats, an actuator communicatively coupled to the input device and configured to adjust positions of the one or more seats, and a controller communicatively coupled to the camera, the screen, the input device and the actuator. The controller receives the input from the input device and instruct the actuator to adjust the positions of the one or more seats based on the input from the user.
Jiwani et al. (US 20200226498 A1) discloses allocation of a vehicle to a passenger includes receiving a booking request for a share-ride or a non-share ride. Based on the booking request, sets of sponsored and non-sponsored routes are identified. Each identified route connects at least a source location and a destination location associated with the booking request. Further, one or more sponsored routes are selected from the set of sponsored routes based on a persona of the passenger. A sponsored or non-sponsored route is selected, by the passenger, from the one or more sponsored routes or the set of non-sponsored routes, respectively. Based on the selection by the passenger, an available vehicle is allocated to the passenger for the ride. Similarly, at least sponsored routes are identified and presented to a driver of the allocated vehicle for travelling from a current location to the source location of the passenger.
Awtar et al. (US 20210114553 A1) discloses a passenger state modulation system for passenger vehicles is presented. The passenger state modulation system operates to predict events that will impact the passengers state (e.g., motion sickness) before they happen and use the prediction to implement preemptive interventions with active vehicle sub-systems.
Kaku et al. (US 20220371474 A1) discloses a seat system which can change a surrounding environment of a user including illumination according to the movement of the user's body. A seat system comprises a seat body on which a user can be seated; a plurality of sensors provided on or in the seat body or on a structure arranged around the seat body and configured to detect a touch operation by the user seated on the seat body; an output device configured to output at least one of sound, light, and vibration; and a control device configured to control the output device such that, when one or more of the sensors detect a touch operation, the control device causes the output device to generate a corresponding predetermined output.
Endou (US 5319248 A) discloses an automotive vehicle seat adjusting system according to this invention is constructed to move a seat by a drive circuit. It is also constructed to allow a driver to change, during movement of the seat, the moving speed of the seat as he likes. In the system of this invention, when a signal indicative of the feeling of the driver to the moving speed of the seat is inputted, fuzzy inference is performed in accordance with a speed decision rule to decide an optimal moving speed. The optimal moving speed is decided by a fuzzy inference processor on the basis of the inputted feeling signal and an actual moving speed. The drive circuit is controlled in accordance with the decision at the fuzzy inference processor, whereby the seat is allowed to move at the optimal moving speed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anthony G Mora whose telephone number is (571)272-2306. The examiner can normally be reached Monday thru Thursday 8am-5pm PST, Alternating Friday 8am-4pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kito R 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.
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/ANTHONY GABRIEL MORA/Examiner, Art Unit 3664 /KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664
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