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 Application
Claims 1-11 are pending and have been examined in this application. This communication is the first action on the merits. As of the date of this application, the Information Disclosure Statement(s) (IDS) filed on 01/04/2024 has/have been taken into account.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-10 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 recites in its preamble that “A cable holding device that is attached to a first seat frame bridging a pair of side frames of a seat constituent member in a vehicle seat and a second seat frame bridging the pair of side frames at a different position from the first seat frame and that holds a seat cable of the vehicle seat”, claims 2-4 and 6 have limitations directed towards the seat frames, claim 8 recites “a coupling portion that is provided between the first holding portion and the second holding portion and that couples a plurality of seat cables”. – These limitations appear to positively recite the seat frames and seat cable(s). However, as claim 11 recites “A seat cable module, comprising :a seat cable of a vehicle seat…”, it is unclear if the seat frames and cables of the preamble and dependent claims are positively recited elements as if they were, claim 11 would not be required as it would fail to further limit the invention. For purposes of examination, claims 1-10 have been interpreted as being directed towards the cable holding device structure.
Claim 1 recites “the second holding portion includes a space in which the second seat frame moves relatively to the second holding portion while being held by the second holding portion when an external force acts on the body portion”. However, Fig. 5B shows that element 144 moves with the frame and as such it is unclear how the frame can move relative to the second holding portion as element 144 is part of the second holding portion.
Claims 5, 7, and 9-10 are rejected as being dependent on, and failing to cure the deficiencies of, rejected claims 1-2 and 4.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Jamieson et al. (US 2015/0232009) in view of Geiger et al. (US 10,208,874).
In regards to Claim 1, Jamieson discloses a cable holding device that is attached to a first seat frame bridging a pair of side frames of a seat constituent member in a vehicle seat and a second seat frame bridging the pair of side frames at a different position from the first seat frame and that holds a seat cable of the vehicle seat, the cable holding device (Jamieson: Fig. 2-3; 38) comprising: a body portion (Jamieson: Fig. 2-6; 44, 84, 86) that is disposed between the pair of side frames; a first holding portion (Jamieson: Fig. 3-4; 40) that is provided in the body portion and holds the first seat frame; and a second holding portion (Jamieson: Fig. 3, 5; 42) that is provided in the body portion and holds the second seat frame.
Jamieson fails to disclose the second holding portion includes a space in which the second seat frame moves relatively to the second holding portion while being held by the second holding portion when an external force acts on the body portion. However, Geiger teaches a second holding portion (Geiger: Fig. 4-5; 20, 22, 26, 52) that includes a space (Geiger: Annotated Fig. 9; S) in which a received element can move relatively to the second holding portion while being held by the second holding portion when an external force acts on a body portion (Geiger: Fig. 4-5; 18, 24).
Jamieson and Geiger are analogous because they are from the same field of endeavor or a similar problem solving area e.g. cable supports. 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 second holding portion in Jamieson with the second holding portion from Geiger, with a reasonable expectation of success, in order to provide a holding portion that has a spring means projecting into its gap, allowing different diameter frames to be accommodated as well as retaining the frame within the gap (Geiger: Col. 4, Ln. 22-26), thereby helping to hold the frame securely during normal use and allow for displacement and recovery due to external factors.
In regards to Claim 2, Jamieson, as modified, teaches the cable holding device according to claim 1, wherein the second holding portion includes: a first wall portion (Geiger: Annotated Fig. 4; W1) and a second wall portion (Geiger: Annotated Fig. 4; W2) that are placed, having spaces with the second seat frame, and allowing movement of the second seat frame; and a third wall portion (Geiger: Fig. 4-5; 20) that is provided on an opposite side to the first wall portion and the second wall portion with respect to the second seat frame to support the second seat frame.
In regards to Claim 3, Jamieson, as modified, teaches the cable holding device according to claim 2, wherein the first wall portion (Geiger: Annotated Fig. 4; W1) and the second wall portion (Geiger: Annotated Fig. 4; W2) are disposed at positions interposing the third wall portion (Geiger: Fig. 4-5; 20) therebetween in a first direction in which the second seat frame extends.
In regards to Claim 4, Jamieson, as modified, teaches the cable holding device according to claim 2, wherein the second holding portion includes an elastic portion (Geiger: Fig. 3-5; 52) that is provided on an opposite side to the third wall portion (Geiger: Fig. 4-5; 20) with respect to the second seat frame and is elastically deformable to bias the second seat frame toward the third wall portion.
In regards to Claim 5, Jamieson, as modified, teaches the cable holding device according to claim 4, wherein the elastic portion (Geiger: Fig. 3-5; 52) is provided in each of the first wall portion (Geiger: Annotated Fig. 4; W1) and the second wall portion (Geiger: Annotated Fig. 4; W2).
In regards to Claim 6, Jamieson, as modified, teaches the cable holding device according to claim 4, wherein the elastic portion (Geiger: Fig. 3-5; 52) extends in a second direction orthogonal to the first direction in which the second seat frame extends, and includes a restricting portion (Geiger: Annotated Fig. 9; R) restricting movement of the second seat frame relative to the elastic portion toward the second direction.
In regards to Claim 7, Jamieson, as modified, teaches the cable holding device according to claim 1, wherein the first holding portion (Jamieson: Fig. 3-4; 40) is attached to the first seat frame so that the body portion (Jamieson: Fig. 2-6; 44, 84, 86) is rotatable with the first holding portion as a fulcrum.
In regards to Claim 8, Jamieson, as modified, teaches the cable holding device according to claim 1, wherein the body portion (Jamieson: Fig. 2-6; 44, 84, 86) includes a coupling portion (Jamieson: Fig. 2-6; 84, 86) that is provided between the first holding portion and the second holding portion and that couples a plurality of seat cables.
In regards to Claim 9, Jamieson, as modified, teaches the cable holding device according to claim 1, wherein the body portion (Jamieson: Fig. 2-6; 44, 84, 86) includes an engaging portion (Jamieson: Fig. 2-6; 84, 86) that is provided between the first holding portion and the second holding portion and that engages with a part of the seat cable.
In regards to Claim 10, Jamieson, as modified, teaches the cable holding device according to claim 9, wherein the engaging portion (Jamieson: Fig. 2-6; 84, 86) is disposed on one of a first end portion side on a side of the first holding portion and a second end portion side on a side of the second holding portion in the body portion, and extends toward the other side of the first end portion and the second end portion (Jamieson: Fig. 6).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Jamieson et al. (US 2015/0232009) in view of Geiger et al. (US 10,208,874) as applied to claim 1 above, and further in view of Norton (US 6,259,167).
In regards to Claim 11, Jamieson, as modified, teaches a seat cable module, comprising: a cable holding device according to claim 1 (see claim 1 rejection).
Jamieson fails to explicitly disclose a seat cable of a vehicle seat. However, Norton teaches a seat cable (Norton: Fig. 2; 36) of a vehicle seat.
Jamieson and Norton are analogous because they are from the same field of endeavor or a similar problem solving area e.g. cable supports; securing cables in chairs. 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 system in Jamieson with the cable and sensor from Norton, with a reasonable expectation of success, in order to provide an alternate means for sending information from a sensor on the seat to a vehicle that uses electrical signals to transmit the data (Norton: Col. 6, Ln. 4-17; Jamieson: [0019]), thereby lowering the amount of fluid required.
Annotated Figures
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529
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I: Jamieson; Fig. 4
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608
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II: Jamieson; Fig. 9
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Taylor Morris whose telephone number is (571)272-6367. The examiner can normally be reached M-F: 10AM-6PM PST / 1PM-9PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Taylor Morris/Primary Examiner, Art Unit 3631