DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
This Office Action is in response to the Applicant’s amendments and remarks filed June 23, 2025. Claims 1 has been amended. Claims 2-5 have been canceled. Claims 6-8 have been added. Claims 1, and 6-8 are pending.
Response to Remarks/Arguments
Applicant’s arguments and amendments filed June 23, 2025 with respect to the previous invocation of 112(f) have been fully considered. Applicant has amended the claims rendering rh previous invocation moot.
Applicant’s arguments and amendments filed June 23, 2025 with respect to the previous 112 rejections have been fully considered. Applicant has amended and canceled the claims rendering the previous rejections moot.
Applicant’s arguments and amendments filed June 23, 2025 with respect to the previous 102 and 103 rejections have been fully considered.
With respect to the previous rejection of claim 1, Applicant argues the cited art of record, Larner et al., US 11667222 B1, hereinafter referred to as Larner, fails to explicitly disclose all of the features of claim 1, as presently amended, specifically, a plurality of backrest portions configured to support a back of an occupant riding on a mobile object and arranged in a longitudinal direction of the mobile object, the plurality of backrest portions including a first backrest portion, a second backrest portion, a third backrest portion, and a fourth backrest portion; and a plurality of support portions extending vertically from a floor surface of the mobile object and supporting the first backrest portion, the second backrest portion, the third backrest portion, and the fourth backrest portion.
Examiner respectfully disagrees. Larner discloses a plurality of seats which each comprise backrests and support portions arranged longitudinally, i.e., along the length of the vehicle, as is commonplace for vehicles (See at least Fig. 3).
For at least the above, the Larner discloses the claim features at issue.
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.
Claims 1, and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Larner et al., US 11667222 B1, hereinafter referred to as Larner.
As to claim 1, Larner discloses a mobile object control system comprising:
a plurality of backrest portions configured to support a back of an occupant riding on a mobile object and arranged in a lateral direction and a longitudinal direction of the mobile object, the plurality of backrest portions including a first backrest portion, a second backrest portion, a third backrest portion, and a fourth backrest portion (Plurality of seats with backs, seats arranged laterally and longitudinally in vehicle – See at least Fig. 3);
a plurality of support portions extending vertically from a floor surface of the mobile object and supporting the first backrest portion, the second backrest portion, the third backrest portion, and the fourth backrest portion (Seat bases – See at least Fig. 3); and
a touch-input display configured to display information to the occupant and accept input from the occupant, positioned in a side opposite to the plurality of backrest portions (Touch screen input – See at least Fig. 1; Examiner notes touch screens are accessible to passengers and therefore opposite to the position of backrest.),
the first backrest portion includes a first vibrating portion configured to vibrate the first backrest portion (Plurality of vibrating mechanisms provided for each of the plurality of seats – See at least Col. 1 Lines 65-67),
the second backrest portion includes a second vibrating portion configured to vibrate the second backrest portion (Plurality of vibrating mechanisms provided for each of the plurality of seats – See at least Col. 1 Lines 65-67),
the third backrest portion includes a third vibrating portion configured to vibrate the third backrest portion (Plurality of vibrating mechanisms provided for each of the plurality of seats – See at least Col. 1 Lines 65-67),
the fourth backrest portion includes a fourth vibrating portion configured to vibrate the fourth backrest portion (Plurality of vibrating mechanisms provided for each of the plurality of seats – See at least Col. 1 Lines 65-67).
Larner fails to explicitly disclose:
wherein the plurality of support portions includes a first set of support portions and a second set of support portions,
the first set of support portions includes a first support, a second support, and a third support,
the second set of support portions includes a fourth support, a fifth support, and a sixth support,
the claimed positioning of the backrest portions with respect to the claimed supports, and
the claimed vibrating in the middle of the seat.
However, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Larner and include the feature of the claimed support portions, their relationship to the backrest portions, and the claimed vibrating in the middle of the seat, with a reasonable expectation of success, because the claimed arrangement does not materially alter the invention so as to distinguish over the prior art as the number of support portions is arbitrary without any disclosed criticality, and a person of ordinary skill in the art would readily and unquestionably recognize as Larner’s seat bases vibrate so does the middle of each seat. The claimed invention is obvious in view of the prior art of record because both inventions are directed to providing a seat back which can vibrate which is well-known and routine in the vehicle seat arts.
As to claim 6, Larner discloses the mobile object has a front side and a rear side in a direction of travel, the first backrest portion and the second backrest portion are positioned at the front side of the mobile object, and the third backrest portion and the fourth backrest portion are positioned at a rear side of the mobile object (Vehicle – See at least Figs. 2-3; Examiner notes Applicant appears to be claiming a traditional vehicle and seating arrangement).
As to claim 7, Larner discloses the mobile object has a front side and a rear side in a direction of travel, the first backrest portion and the third backrest portion are positioned on a left side of the mobile object, and the second backrest portion and the fourth backrest portion are positioned on a right side of the mobile object, with respect to a forward-facing direction of the mobile object (Vehicle – See at least Figs. 2-3; Examiner notes Applicant appears to be claiming a traditional vehicle and seating arrangement).
As to claim 8, Larner discloses the first backrest portion and the second backrest portion are positioned between the touch-input display and the third backrest portion and the fourth backrest portion, with respect to the longitudinal direction of the mobile object (Vehicle – See at least Figs. 2-3; Examiner notes Applicant appears to be claiming a traditional vehicle and seating arrangement, where a touch screen is provided in a vehicle’s dashboard.).
Conclusion
THIS ACTION IS MADE FINAL. 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 Lail Kleinman whose telephone number is (571)272-6286. The examiner can normally be reached M-F 8:00-5:00.
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/LAIL A KLEINMAN/Primary Examiner, Art Unit 3668