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 .
Election/Restrictions
Applicant’s election without traverse of Invention II in the reply filed on 27 January 2026 is acknowledged.
Claims 1-7 and 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 27 January 2026.
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 13 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.
Claim 13 recites “a third determined position” without recitation of a second determined position. This is indefinite as it implies a second position without positively claiming such.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 8-10, 13, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mukherjee (US Patent Application Publication Number 2009/0273213).
Regarding claim 8, Mukherjee discloses a system, comprising: an adjustable seat (126); a sensor (at least associated with 116 and/or 122); a processor (of 108, 110, 120, 124, and/or 150) operatively coupled to the sensor and the adjustable seat; and a memory (inherent in the computers as disclosed and mentioned in paragraph 23 for instance) operatively coupled to the processor, the memory comprising instructions stored thereon that, when executed by the processor, cause the processor to: receive data from the sensor, the data including a representation of a size and a shape of a passenger (see at least paragraphs 16 and 17); identify at least one of the size or the shape of the passenger based on the data (e.g. the “cluster” described in paragraphs 14, 17, etc.); determine a first determined seat position for the adjustable seat based at least in part on one of the size or the shape of the passenger (see again at least paragraph 17); and send instructions to the adjustable seat to adjust the adjustable seat to the first determined seat position (as generally described in paragraphs 17, 19, and 20).
Regarding claims 9 and 10, Mukherjee further discloses the instructions, when executed by the processor, further cause the processor to: identify a plurality of physical points of the passenger; determine a distance between two physical points of the plurality of physical points of the passenger; and determine the first determined seat position based at least in part on the distance, wherein the plurality of physical points includes two or more of a shoulder, an elbow, a wrist, a head, a neck, a hip, a knee, or an ankle (see at least paragraph 16 describing a scanner measuring leg length, arm length, etc.; this would necessarily involve identifying and measuring between points as claimed, e.g. a hip and ankle for leg length).
Regarding claim 13, Mukherjee further discloses the instructions, when executed by the processor, further cause the processor to: receive a user input to adjust the adjustable seat; and determine a third determined position based at least in part on the first determined seat position and the user input (see at least paragraph 30 describing providing new determined positions based on user input).
Regarding claim 14, Mukherjee further discloses the sensor includes at least one of an image sensor, a video sensor, an acoustic sensor, an ultrasonic sensor, or an infrared (IR) sensor (116 and 122 would at least necessarily include image sensors).
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.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mukherjee in view of Guy (US Patent Application Publication Number 2021/0221517). Mukherjee discloses a system as explained above including determining multiple determined seat positions for the adjustable seat based at least in part on one of the size or the shape of the passenger (as explained above), but does not disclose a determined seat position associated with an aircraft flight condition. Guy discloses a related system including a controller executing instructions to determine multiple determined positions, wherein the determined positions include an aircraft cruising position and a taxi, takeoff, and landing (TTL) position (see at least paragraph 17), wherein, when executed the adjustable component would be in the determined position appropriate to the flight condition (this is the general manner of operation). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide determined positions for aircraft flight conditions as taught by Guy in Mukherjee’s system because this could improve user comfort and safety. Note that the combination would provide the determined positions associated with passenger and aircraft statuses as claimed based on the operation of the reference devices.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because it shows a range of related systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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, David Dunn can be reached at 571-272-6670. 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.
/PHILIP F GABLER/ Primary Examiner, Art Unit 3636