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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CH000475/2023, filed on 05/03/2023.
Status of Claims
This office action is in response to application number 18/654,461 filed on 05/03/2024, in which claims 1-14 are presented for examination.
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.
Claim(s) 1-4, 6-8, & 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Bonk et al. US 20170080825 A1 (hereinafter Bonk) in view of Aebi et al. US 20110043193 A1 (hereinafter Aebi).
Claim 1: Bonk discloses A device (100) for detecting multiple, specifically at least three, preferably exactly three, discrete positions of a vehicle seat [[0041]; Magnetic feature 30 of FIG. 7 includes four tracks 42a through 42d and four corresponding read heads 44a through 44d. Magnetic feature 30 may have a resolution of 16 positions. In some embodiments, magnetic sensor 28 may be capable of measuring magnetic field values with a positional resolution of five millimeters.], the device comprising a seat rail (20) along which the vehicle seat is linearly movable relative to a vehicle floor [[0059]; A position sensor in accordance with the present disclosure may be used with a track for a vehicle seat to determine a longitudinal position of the vehicle seat relative to the floor.], where the seat rail (20) includes a first rail and a second rail that are movable relative to each other, particularly an upper rail (21) and a lower rail (22) wherein a first detection device (30) is mounted on the first rail and a magnet (...) mounted on the second rail [[0004] & [0005]; the vehicle seat includes a foundation comprising a rail and a rail receiver, a magnetic feature, and a magnetic sensor coupled to the foundation, and a seat controller coupled to the magnetic sensor. The rail is coupled to the seat bottom of the vehicle seat and the rail receiver defines a track to receive the rail and to allow the rail to move along a predefined linear path.(...) the magnetic feature may be coupled to the rail receiver of the foundation, and the magnetic sensor may be coupled to the rail of the foundation.], (…).
Bonk does not explicitly disclose (…) a first permanent magnet (40) and a second permanent magnet (…) the first permanent magnet (40) and the second permanent magnet (41) are spaced apart in the direction of the seat's movement and their magnetic poles are oppositely oriented.
Aebi teaches (…) a first permanent magnet (40) and a second permanent magnet (…) the first permanent magnet (40) and the second permanent magnet (41) are spaced apart in the direction of the seat's movement and their magnetic poles are oppositely oriented [[0025]; The magnetic linear sensor arrangement 10, (...) at least two permanent magnets 4, 5 with opposite polarities J, which can be arranged at a distance "a" long an adjustment path for a component to be monitored. The Hall sensor 1 can be associated with the adjustable component, while the permanent magnets 4, 5 can be arranged in a stationary manner along the movement path.].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Bonk in view of Aebi with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – electromagnet seat position sensors. The combination would improve functionality of magnetic readings [Aebi; [0030]; It can be desirable for the magnets to have a ratio of a length, that is measured in the direction of movement, to a width, that is measured in its magnetization direction, of 2:1 to 10:1. This can improve the jamming resistance relative to the magnetic fields of external magnets or ferromagnetic parts, which are found in the environment or adhere to the magnets].
Claim 2: The combination of Bonk and Aebi teach the apparatus of claim 1, accordingly, the rejection of claim 1 above is incorporated. Bonk does not explicitly disclose the limitations of claim 2.
Aebi teaches the device (100) according to claim 1, wherein the first detection device (30) is designed as a linear Hall sensor or as a Hall sensor with two detection axes [[0040]; the Hall sensor 1, which can include an integrated evaluating unit, can detect the x- and the y-components of the vector of the magnetic flux density of the magnetic field that is produced by the permanent magnets 4, 5 in an adjustment relative to the permanent magnets 4, 5, and can determine therefrom the angle of the vector of the magnetic flux density with an arc-tangent relationship.].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Bonk in view of Aebi with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – electromagnet seat position sensors. The combination would improve functionality of magnetic readings [Aebi; [0030]; It can be desirable for the magnets to have a ratio of a length, that is measured in the direction of movement, to a width, that is measured in its magnetization direction, of 2:1 to 10:1. This can improve the jamming resistance relative to the magnetic fields of external magnets or ferromagnetic parts, which are found in the environment or adhere to the magnets].
Claim 3: The combination of Bonk and Aebi teach the apparatus of claim 1, accordingly, the rejection of claim 1 above is incorporated.
Bonk discloses the device (100) according to claim 1, further comprising a second detector device (31) which is arranged on the first rail [[0027]; Although illustrative vehicle seat 10 includes a single magnetic sensor 28 and magnetic feature 30, vehicle seat 10 may include any number of suitable magnetic sensors 28 and/or magnetic features 30 coupled to rail receivers 22 and/or seat rails 20, respectively.].
Examiner Note: Duplication of parts pursuant to MPEP2144.04
Claim 4: The combination of Bonk and Aebi teach the apparatus of claim 3, accordingly, the rejection of claim 3 above is incorporated.
Bonk discloses the device (100) according to claim 3, wherein the first detection device (30) and the second detection device (31) [[0027]; Although illustrative vehicle seat 10 includes a single magnetic sensor 28 and magnetic feature 30, vehicle seat 10 may include any number of suitable magnetic sensors 28 and/or magnetic features 30 coupled to rail receivers 22 and/or seat rails 20, respectively.] (…).
Bonk does not explicitly disclose (…) are designed as Hall sensors.
Aebi teaches (…) are designed as Hall sensors [[0040]; the Hall sensor 1, which can include an integrated evaluating unit, can detect the x- and the y-components of the vector of the magnetic flux density of the magnetic field that is produced by the permanent magnets 4, 5 in an adjustment relative to the permanent magnets 4, 5, and can determine therefrom the angle of the vector of the magnetic flux density with an arc-tangent relationship.].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Bonk in view of Aebi with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – electromagnet seat position sensors. The combination would improve functionality of magnetic readings [Aebi; [0030]; It can be desirable for the magnets to have a ratio of a length, that is measured in the direction of movement, to a width, that is measured in its magnetization direction, of 2:1 to 10:1. This can improve the jamming resistance relative to the magnetic fields of external magnets or ferromagnetic parts, which are found in the environment or adhere to the magnets].
Claim 6: The combination of Bonk and Aebi teach the apparatus of claim 1, accordingly, the rejection of claim 1 above is incorporated. Bonk does not explicitly disclose the limitations of claim 6.
Aebi teaches the device (100) according to claim 1, wherein the device (100) includes at least a third permanent magnet (42) and preferably a fourth permanent magnet (43), which are spaced apart from each other and whose magnetic poles are oppositely oriented, especially arranged in a spatial orientation different from that of the first and the second permanent magnets (40, 41) [[0046]; a Hall sensor 1, which can be designed for the vectorial evaluation of the detected magnetic field, and an arrangement of permanent magnets 4, 5, 6, and 7. In each case in the movement direction T, adjacent permanent magnets have opposite polarities. The permanent magnets can be assembled, for example, in pairs, and have distances "c" in pairs that can be different from the x, y-plane that is formed by the Hall measuring fields of the Hall sensor 1.].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Bonk in view of Aebi with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – electromagnet seat position sensors. The combination would improve functionality of magnetic readings [Aebi; [0030]; It can be desirable for the magnets to have a ratio of a length, that is measured in the direction of movement, to a width, that is measured in its magnetization direction, of 2:1 to 10:1. This can improve the jamming resistance relative to the magnetic fields of external magnets or ferromagnetic parts, which are found in the environment or adhere to the magnets].
Claim 7: The combination of Bonk and Aebi teach the apparatus of claim 6, accordingly, the rejection of claim 6 above is incorporated.
Bonk discloses the device (100) according to claim 6, further comprising a third detection device (32) and preferably a fourth detection device (33) [[0027]; Although illustrative vehicle seat 10 includes a single magnetic sensor 28 and magnetic feature 30, vehicle seat 10 may include any number of suitable magnetic sensors 28 and/or magnetic features 30 coupled to rail receivers 22 and/or seat rails 20, respectively.].
Claim 8: The combination of Bonk and Aebi teach the apparatus of claim 7, accordingly, the rejection of claim 7 above is incorporated.
Bonk discloses the device (100) according to claim 7, wherein the third detection device (32) and the fourth detection device (33) [[0027]; Although illustrative vehicle seat 10 includes a single magnetic sensor 28 and magnetic feature 30, vehicle seat 10 may include any number of suitable magnetic sensors 28 and/or magnetic features 30 coupled to rail receivers 22 and/or seat rails 20, respectively.] (…).
Bonk does not explicitly disclose (…) are designed as Hall sensors.
Aebi teaches (…) are designed as Hall sensors [[0040]; the Hall sensor 1, which can include an integrated evaluating unit, can detect the x- and the y-components of the vector of the magnetic flux density of the magnetic field that is produced by the permanent magnets 4, 5 in an adjustment relative to the permanent magnets 4, 5, and can determine therefrom the angle of the vector of the magnetic flux density with an arc-tangent relationship.].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Bonk in view of Aebi with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – electromagnet seat position sensors. The combination would improve functionality of magnetic readings [Aebi; [0030]; It can be desirable for the magnets to have a ratio of a length, that is measured in the direction of movement, to a width, that is measured in its magnetization direction, of 2:1 to 10:1. This can improve the jamming resistance relative to the magnetic fields of external magnets or ferromagnetic parts, which are found in the environment or adhere to the magnets].
Claim 12: Bonk discloses A method for determining the position of a vehicle seat that can be moved linearly along a seat rail (20) relative to a vehicle floor [[0059]; A position sensor in accordance with the present disclosure may be used with a track for a vehicle seat to determine a longitudinal position of the vehicle seat relative to the floor.], (…).
Bonk does not explicitly disclose the method comprising detecting the position of a first permanent magnet (40) and a second permanent magnet (41) using a first detection device (30).
Aebi teaches the method comprising detecting the position of a first permanent magnet (40) and a second permanent magnet (41) using a first detection device (30) [[0029; The individual magnets form almost point magnetic field sources, and the Hall sensor can be adjustable relative to their range of influence. In this case, the change in the direction of the vector of the magnetic flux density can be detected in a range of 0.degree. to 180.degree., and the movement path is determined therefrom.].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Bonk in view of Aebi with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – electromagnet seat position sensors. The combination would improve functionality of magnetic readings [Aebi; [0030]; It can be desirable for the magnets to have a ratio of a length, that is measured in the direction of movement, to a width, that is measured in its magnetization direction, of 2:1 to 10:1. This can improve the jamming resistance relative to the magnetic fields of external magnets or ferromagnetic parts, which are found in the environment or adhere to the magnets].
Claim 13: The combination of Bonk and Aebi teach the method of claim 12 , accordingly, the rejection of claim 12 above is incorporated.
Bonk discloses the method according to claim 12, further comprising detecting the position of the second permanent magnet (41) is detected by means of a second detection device (31) [[0027]; Although illustrative vehicle seat 10 includes a single magnetic sensor 28 and magnetic feature 30, vehicle seat 10 may include any number of suitable magnetic sensors 28 and/or magnetic features 30 coupled to rail receivers 22 and/or seat rails 20, respectively.].
Claim(s) 5, 9, & 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bonk in view of Aebi, further in view of Oka et al. JP 2021071350 A (hereinafter Oka).
Claim 5: The combination of Bonk and Aebi teach the apparatus of claim 4, accordingly, the rejection of claim 4 above is incorporated. Bonk does not explicitly disclose the limitations of claim 5.
Oka teaches the device (100) according to claim 4, wherein the first detection device (30) and the second detection device (31) are arranged with detection directions opposite to each other [[0004]; Patent document 2 describes a magnetic encoder that detects the rotation angle of a magnetic drum, which has two magnetic sensors that face a multi-pole magnetized layer formed on the outer peripheral surface of the magnetic drum and are positioned approximately 180° apart.].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Bonk in view of Oka with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – electromagnetic seat sensing. The combination would reduce magnetic noise and increase magnetic field strength [Oka; [0132]; in order to reduce the influence of the noise magnetic field Mex, it is conceivable to move the detection position closer to the magnetic scale 102 and reduce the strength of the noise magnetic field Mex relative to the strength of the magnetic field to be detected. This makes it possible to reduce the influence of the noise magnetic field Mex and increase the strength of the magnetic field to be detected, thereby improving the quality of the first to fourth detection signals S1 to S4.].
Claim 9: The combination of Bonk and Aebi teach the apparatus of claim 8, accordingly, the rejection of claim 8 above is incorporated. Bonk does not explicitly disclose the limitations of claim 9.
Oka teaches the device (100) according to claim 8, wherein the third detection device (32) and the fourth detection device (33) are arranged with opposing detection directions [[0005]; Patent document 3 describes a magnetic encoder that detects the rotational position of a rotating shaft to be detected, in which first and second magnetic detection elements and third and fourth magnetic detection elements are arranged along the circular outer surface of a multi-pole magnet, and are arranged at angular positions 180° apart in mechanical angle along the circumferential direction of the multi-pole magnet.], particularly with detection directions that differ from those of the first and second detection devices [[0014]; The difference between the first angle and the second angle may be 90°, and the difference between the third angle and the fourth angle may be 90°.].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Bonk in view of Oka with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – electromagnetic seat sensing. The combination would reduce magnetic noise and increase magnetic field strength [Oka; [0132]; in order to reduce the influence of the noise magnetic field Mex, it is conceivable to move the detection position closer to the magnetic scale 102 and reduce the strength of the noise magnetic field Mex relative to the strength of the magnetic field to be detected. This makes it possible to reduce the influence of the noise magnetic field Mex and increase the strength of the magnetic field to be detected, thereby improving the quality of the first to fourth detection signals S1 to S4.].
Claim 11: The combination of Bonk and Aebi teach the apparatus of claim 3, accordingly, the rejection of claim 3 above is incorporated. Bonk does not explicitly disclose the limitations of claim 11.
Oka teaches the device (100) according to claim 3, wherein the second detection device (31) is arranged laterally spaced from the first detection device along the direction of displacement [[0020]; it is necessary to satisfy the requirements that the first and second detection units be placed at positions where they can detect a magnetic field to be detected whose strength is a first strength, and that the third and fourth detection units be placed at positions where they can detect a magnetic field to be detected whose strength is a second strength, but these requirements do not place any significant constraints on the placement of the first to fourth detection units.].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Bonk in view of Oka with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – electromagnetic seat sensing. The combination would reduce magnetic noise and increase magnetic field strength [Oka; [0132]; in order to reduce the influence of the noise magnetic field Mex, it is conceivable to move the detection position closer to the magnetic scale 102 and reduce the strength of the noise magnetic field Mex relative to the strength of the magnetic field to be detected. This makes it possible to reduce the influence of the noise magnetic field Mex and increase the strength of the magnetic field to be detected, thereby improving the quality of the first to fourth detection signals S1 to S4.].
Claim 14: The combination of Bonk and Aebi teach the method of claim 12, accordingly, the rejection of claim 12 above is incorporated. Bonk does not explicitly disclose the limitations of claim 14.
Oka teaches The method according to claim 12, wherein at least one of the first detection device and a second detection device (30, 31) read magnetic fields of the first and the second permanent magnets (40, 41) which are aligned differently to one another [[0104] & [0105]; the magnitude of the intensity Bex of the noise magnetic field Mex was set to 30% of the intensity Ba of the first partial magnetic field MFa detected by the first and second detection units 11 and 12, i.e., the magnitude of the first intensity, and the angle θex formed by the direction of the noise magnetic field Mex at the first detection position P1 with respect to the reference direction DR was set to 60°. In the first simulation, a model corresponding to the position detection device 1 was used. Here, the positions of the magnets 4, 5, and 6 in the X direction are defined as follows: First, a line located on the upper surface 7a of the yoke 7, extending in the X direction, and tangent to the magnets 4, 5, and 6 is set as a position reference line.].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Bonk in view of Oka with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – electromagnetic seat sensing. The combination would reduce magnetic noise and increase magnetic field strength [Oka; [0132]; in order to reduce the influence of the noise magnetic field Mex, it is conceivable to move the detection position closer to the magnetic scale 102 and reduce the strength of the noise magnetic field Mex relative to the strength of the magnetic field to be detected. This makes it possible to reduce the influence of the noise magnetic field Mex and increase the strength of the magnetic field to be detected, thereby improving the quality of the first to fourth detection signals S1 to S4.].
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bonk in view of Aebi, further in view of Ito et al. US 20100219813 A1 (hereinafter Ito).
Claim 10: The combination of Bonk and Aebi teach the apparatus of claim 3, accordingly, the rejection of claim 3 above is incorporated.
Bonk discloses the device (100) according to claim 3, wherein the first detection device (30) and the second detection device (31) [[0027]; Although illustrative vehicle seat 10 includes a single magnetic sensor 28 and magnetic feature 30, vehicle seat 10 may include any number of suitable magnetic sensors 28 and/or magnetic features 30 coupled to rail receivers 22 and/or seat rails 20, respectively.] (…).
Bonk does not explicitly disclose (…) are designed as Reed sensors.
Ito teaches (…) are designed as Reed sensors [[0005]; a plurality of reed switches to be fixed to the movable upper rail is necessary and the resolution of movable position detection is the value of stroke of sliding of upper rail divided by the number of reed switch.].
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Bonk in view of Ito with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – electromagnetic seat controls. The combination would reduce [Ito; [0018]; the second inner gear wheel rotates coaxially with the first inner gear wheel and rotation can be directly inputted to the rotation sensor from the second inner gear wheel without providing a mechanism for returning the eccentric rotation to the rotation without eccentricity. Therefore, the number of parts can be reduced to provide a compact deceleration device. Further, using the two-stage hypo-cycloid mechanism which is simple in structure, position detecting for a vehicle can be achieved with low cost.].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Endoh et al. (US 20050057065 A1) discloses a seat position detecting apparatus includes a fixed rail fixed on a vehicle floor, a movable rail at which a vehicle seat is fixed for sliding on the fixed rail, and a position detecting means directly mounted at one of either the fixed rail or the movable rail for detecting a relative position between the fixed rail and the movable rail by detecting the other of either the fixed rail or the movable rail, wherein a first engaging means is provided at either the fixed rail or the movable rail at which the position detecting means is mounted, and a second engaging means provided complementarily to the first engaging means engages with the first engaging means through the position detecting means.
Ozawa et al. (US 9067513 B2) discloses a seat slide position detection device for a vehicle includes: a fixed rail attached to a vehicle floor; a movable rail supported to the fixed rail slidably in a longitudinal direction of the fixed rail; a detected portion disposed in a predetermined area of the fixed rail extending in the longitudinal direction; and a position sensor attached to the movable rail and having a sensor detector in a position of the position sensor opposed to the detected portion. The position sensor includes a protrusion attached to the movable rail with an extremity portion of the protrusion in contact with the movable rail.
Mischer et al. (US 9102245 B2) discloses an end cap for a seat track assembled between a vehicle seat and a floor of a vehicle. The seat track includes an upper track attached to the vehicle seat and a lower track attached to the floor that receives the upper track in a sliding relationship. A seat position sensor attached to the upper track senses the position of the lower seat track. The end cap has a plurality of longitudinally extending walls that are assembled over the lower track. One of the longitudinally extending walls is attached to a recessed portion of the lower track with an external surface that is contiguous with the outer surface of one wall of the lower track.
Couasnon (US 8814122 B2) discloses a slide rail for motor vehicle seat comprising a first profile section, attached to said vehicle, with a cross-section having a bottom and two side parts, a second profile section, guided translationally relative to the first profile section along the longitudinal axis, the second profile section having a cross-section with a web and first and second side flanges, a fixed motorization element connected to the first profile section, a movable motorization element connected to the second profile section, a sensor attached to the second profile section, the sensor being suitable for detecting the presence of the fixed motorization element when the sensor is opposite a portion of the fixed motorization element.
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