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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 18 is objected to because of the following informalities: in line 2, “vehicle seat is an integrated-belt seat” is assumed to be read as “vehicle seat comprises an integrated-belt seat” similar to claim 30. Appropriate correction is required.
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.
Claim 20 is 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.
In line 2 of claim 20, it is unclear if “a first backrest side portion” and “a second backrest side portion” are the same backrest side portions as claimed in claim 11.
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 11-18 and 20-31 are rejected under 35 U.S.C. 103 as being unpatentable over Tyson (GB-2110294-A) in view of Canteleux (FR-2714340-A1), further in view of Reichmann (DE-4128160-A1).
Tyson discloses a vehicle seat with a pivotally movable back frame. Canteleux discloses an adjustable seat frame where the backrest is comprising of two parts and pivot at a common point. Reichmann discloses a vehicle seat with a movable backrest.
Claim 11 – Tyson teaches a motor vehicle seat (title), comprising:
a) a first seat component (element 10A in figure 1) having a first backrest side portion and a second backrest side portion spaced apart from each other (element 10A being the backrest side portion, and on page 1, line 72, Tyson teaches that the portions can be on “both sides of the seat”),
b) a second seat component (elements 11 and 11A in figure 1) which can be pivoted about a pivot axis (the axis along which element 12 is on in figure 4) relative to the first seat component, the second seat component having (i) a first side member and a second side member on opposite sides of the motor vehicle seat (on page 1, line 72, states that the portions can be on “both sides of the seat”) and (ii) a slotted guiding member (element 17 in figure 1),
c) a journal which is movably guided in the slotted guiding member of the second seat component (element 18 in figure 1), and
d) the first seat component has a slotted support member in which the journal is movably guided (element 15 in figure 2), wherein the slotted guiding member and the slotted support member intersect with each other in an intersection region (figures 1 and 2),
wherein the slotted guiding member comprises a first slotted guiding member and a second slotted guiding member, wherein the first side member comprises the first slotted guiding member and the second side member comprises the second slotted guiding member (on page 1, line 72, states that the portions can be on “both sides of the seat”),
wherein the journal comprises a first journal movably guided in the first slotted guiding member and a second journal movably guided in the second slotted guiding member (on page 1, line 72, states that the portions can be on “both sides of the seat”), and
wherein the slotted support member comprises a first slotted support member and a second slotted support member, wherein the first backrest side portion comprises the first slotted support member and the second backrest side portion comprises the second slotted support member (on page 1, line 72, states that the portions can be on “both sides of the seat”).
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Tyson does not specifically teach that the first and second backrest side portions are connected to each other by a cross-beam.
Tyson does show a cross-beam, element A in Image 1 above, and Canteleux teaches a cross-beam, element
1
3
, connecting the first backrest side portion, element
1
1
, and the second backrest side portion, element
1
2
. It would have been obvious to one of ordinary skill in the art to use the cross-beam in the manner taught by Canteleux to give the overall structure greater rigidity.
Tyson teaches displacing the journal within the slotted guiding member (figures 1 and 2), but Tyson does not teach an actuator automating the displacement.
Reichmann teaches an actuator for displacing portions of a vehicle seat. It would have been obvious to one of ordinary skill in the art to automate the displacement of the journal within the slotted guiding member of Tyson with an actuator, such as that taught by Reichmann, to provide the user with an easier and more efficient operation.
Claims 12 and 25 – Tyson teaches by displacing the journal within the slotted guiding member, the intersection region can be displaced along the slotted guiding member, whereby a relative angular position between the first seat component and the second seat component can be adjusted (figures 1 and 2 teach a changed angular position between the first seat component and the second seat component).
Claims 13 and 26 – Tyson does not teach the slotted guiding member and the slotted support member are arranged eccentrically relative above the pivot axis.
It would have been obvious to one of ordinary skill in the art to locate the slotted guiding member and the slotted support member eccentrically relative above the pivot axis since it has been held that rearranging parts of an invention involves only routing skill in the art.
Claims 14 and 24 – Tyson does not teach the actuator comprises a spindle gear with a gear housing coupled to the second seat component and a threaded spindle rotatable about a spindle longitudinal axis adapted to move the journal within the slotted guiding member.
Reichmann teaches the actuator comprises a spindle gear, element 62 in figure 5, with a gear housing, element 48 in figure 5, and a threaded spindle, element 60 in figure 5, rotatable about a spindle longitudinal axis. It would have been obvious to one of ordinary skill in the art to automate the displacement of the journal within the slotted guiding member of Tyson with an actuator, such as that taught by Reichmann, to provide the user with an easier and more efficient operation.
Claims 15 and 27 – Tyson teaches the first seat component and the second seat component overlap each other in an overlapping region, wherein the slotted guiding member and the slotted support member are arranged in the overlapping region (figure 1).
Claims 16 and 28 – Tyson teaches the journal and the slotted guiding member in at least one pivot direction form an end stop for the pivot movement of the second seat component relative to the first seat component about the pivot axis (figures 1 and 2).
Claim 17 and 29 – Tyson teaches the journal and the slotted support member in at least one pivot direction form an end stop for the pivot movement of the second seat component relative to the first seat component about the pivot axis (figures 1 and 2).
Claims 18 and 30 – Tyson does not teach the vehicle seat is an integrated-belt seat, wherein a belt outlet location is integrated in the second seat component.
Canteleux teaches the vehicle seat is an integrated-belt seat, wherein a belt outlet location is integrated in the second seat component on page 3 of the English translation of Canteleux, lines 20-21, “a seat belt retractor which is fixed to the support of the second frame”. Seat belt retractors being part of the seat, rather than fixed to the B-pillar of a vehicle, is old and well-known in the art . Therefore, it would have been obvious to one of ordinary skill in the art to have a belt outlet location integrated in the second seat component of Tyson, such as taught by Canteleux.
Claims 20 and 31 – Tyson teaches the first seat component has a first backrest side portion and a second backrest side portion (on page 1, line 72, states that the portions can be on “both sides of the seat”), and the second backrest side portion has a first profile (element 10A in figure 4) and a second profile (element 21 in figure 4) which are connected to form a hollow profile (figure 4), wherein both the first profile and the second profile in each case have a slotted support member (elements 15A and 21A in figure 4) which receive a common journal.
Tyson does not teach a belt outlet location.
Canteleux teaches a belt outlet location. Since it has been held that rearranging parts of an invention involves only routing skill in the art, when modifying Tyson with the belt outlet location of Canteleux, it would have been obvious to place the belt outlet location in the optimal location for the user. The optimal location for a vehicle seat belt outlet is either over the left should, for the driver, or the right shoulder, for the passenger. Therefore, it would have been obvious to one of ordinary skill in the art, when modifying Tyson with the belt outlet location of Canteleux, that the second backrest side portion in a transverse direction is arranged closer to the belt outlet location than the first backrest side portion.
Tyson does not specifically teach the first and second profiles are metal sheets. However, it would have been obvious to one of ordinary skill in the art to use metal sheets as the material of the second backrest side portion profiles since it has been held to be within the general skill of a worker in the art to select a known material on the basis of suitability for the intended use as a matter of obvious design choice.
Claim 21 – Tyson teaches the first seat component comprises a backrest lower portion of a backrest (element 10A is the lower portion of the backrest in figure 1) and the second seat component comprises a backrest upper portion (element 11A is the upper portion of the backrest in figure 1).
Claim 22 – Tyson teaches a motor vehicle seat, comprising:
a) a first seat component (element 10A in figure 1),
b) a second seat component (elements 11 and 11A in figure 1) which can be pivoted about a pivot axis relative to the first seat component (the axis along which element 12 is on in figure 4), the second seat component having a first side member and a second side member (on page 1, line 72, Tyson teaches that the portions can be on “both sides of the seat”), and at least one slotted guiding member (element 17 in figure 1),
wherein the first side member and the second side member are on opposite sides of the motor vehicle seat (on page 1, line 72, states that the portions can be on “both sides of the seat”),
c) at least one journal which is movably guided in the at least one slotted guiding member of the second seat component (element 18 in figure 1), and
d) wherein the first seat component has at least one slotted support member in which the at least one journal is movably guided (element 15 in figure 2), wherein the at least one slotted guiding member and the at least one slotted support member intersect with each other in an intersection region (figures 1 and 2),
wherein the at least one slotted guiding member, the at least one slotted support member and the at least one journal are arranged in each case at both the first side member and the second side portion member of the second seat component (figures 1 and 2).
Tyson teaches displacing the at least one journal within the at least one slotted guiding member (figures 1 and 2), but Tyson does not teach an actuator automating the displacement.
Reichmann teaches an actuator for displacing portions of a vehicle seat. It would have been obvious to one of ordinary skill in the art to automate the displacement of the journal within the slotted guiding member of Tyson with an actuator, such as that taught by Reichmann, to provide the user with an easier and more efficient operation.
Claim 23 – Tyson teaches a motor vehicle seat (title), comprising:
a) a first seat component (element 10A in figure 1),
b) a second seat component (elements 11 and 11A in figure 1) which can be pivoted about a pivot axis relative to the first seat component (the axis along which element 12 is on in figure 4), the second seat component having (i) a first side member comprising a first slotted guiding member (element 17 in figure 1) and (ii) a second side member comprising a second slotted guiding member (element 17 in figure 1, and on page 1, line 72, Tyson teaches that the portions can be on “both sides of the seat”),
c) a first journal which is movably guided in the first slotted guiding member of the second seat component (element 18 in figure 1),
d) a second journal which is movably guided in the second slotted guiding member of the second seat component (element 18 in figure 1, and on page 1, line 72, Tyson teaches that the portions can be on “both sides of the seat”), and
e) the second journal within the second slotted guiding member (element 18 in figure 1, and on page 1, line 72, Tyson teaches that the portions can be on “both sides of the seat”),
wherein the first seat component has a first slotted support member in which the first journal is movably guided (element 15 in figure 2),
wherein the first slotted guiding member and the first slotted support member intersect with each other in an intersection region (figures 1 and 2),
wherein the first seat component has a second slotted support member in which the second journal is movably guided (element 15 in figure 2, and on page 1, line 72, Tyson teaches that the portions can be on “both sides of the seat”),
wherein the second slotted guiding member and the second slotted support member intersect with each other in the intersection region (figures 1 and 2, and on page 1, line 72, Tyson teaches that the portions can be on “both sides of the seat”).
Tyson does not teach an electric motor located centrally between the first side member and the second side member.
Reichmann teaches an electric motor for displacing portions of a vehicle seat, element 42 in figure 3. It would have been obvious to one of ordinary skill in the art to automate the displacement of the journal within the slotted guiding member of Tyson with an electric motor, such as that taught by Reichmann, to provide the user with an easier and more efficient operation. Furthermore, it has been held that rearranging parts of an invention involves only routing skill in the art, when modifying Tyson with the electric motor of Reichmann, it would have been obvious to choose an optimal location for the motor. Being that the functional parts of Tyson require the majority of the space on either side, the optimal location to place the electric motor would be centrally between the first side member and the second side member.
Conclusion
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/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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