, 0DETAILED 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 species 1, figures 1-2 in the reply filed on 11/03/2025 is acknowledged.
Claims 18-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species 2, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/03/2025.
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.
Claim 35 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.
Regarding claim 35, the limitation “wherein the occupant does not feel the impact region and the thrust region when sitting normally” is indefinite for because the claim language is subjective. First, this claim depends on the sensitivity (a less sensitive occupant may not feel impact or thrust regions whereas a more sensitive occupant may feel those same impact or thrust regions) and size of an occupant (a smaller occupant may not feel impact or thrust regions whereas a larger occupant may feel those same impact or thrust regions). Second, what does “sitting normally” mean? One occupant may view one sitting position as normal and another may view a second sitting position as normal. As such, this claim is entirely subjective to the reader and thus one of ordinary skill in the art would not be aware of the scope of this claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 11-13, 20, 24-31, and 33-35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inoue (US 20070145727 A1).
Regarding claim 11, Inoue (US 20070145727 A1) discloses a vehicle seat for a motor vehicle, comprising:
a backrest frame (Inoue, figure 3, item 17) with a back region (Inoue, figure 3, see callout below, back region) and a side region (Inoue, figure 3, see callout below, side region);
at least one force converter (Inoue, figure 3, see callout below; impact, deflecting, and side regions form force converter), wherein the force converter has an impact region (Inoue, figure 3, see callout below, impact region), which impact region is arranged on the side region (Inoue, figure 3, see callout below, impact region is not side region), for absorbing an input force (Inoue, figure 3, impact region capable of absorbing input force), a deflecting region (Inoue, figure 3, see callout below, deflection region), and a thrust region (Inoue, figure 3, see callout below, thrust region), which thrust region is arranged on the back region (Inoue, figure 3, see callout below, thrust region on back region), for outputting an output force, and wherein the force converter is configured to convert the input force into the output force by passively utilizing inertia of a vehicle occupant without any sensor, airbag, or motor (Inoue, figure 3, force converter converts input force into an output force; the force converter is capable of this using an occupant’s inertia without using sensors, airbags, or motors);
wherein the force converter is configured as a lever system (Inoue, figure 3, force converter can be used as a lever system), and the impact region and the thrust region are configured as lever elements which are connected to each other via the deflecting region (Inoue, figure 3, see callout below, deflection region between the impact and thrust region can act as lever elements connected together via the deflection region), which deflection region is in the form of a pivot point, and form an angle to each other (Inoue, figure 3, see callout below, impact deflection and thrust regions at an angle with respect to each other), wherein, in a first lever position of the impact region before the side impact, the impact region is spaced apart at least in a partial portion from the side region (Inoue, figure 3, position of the of impact region is spaced from the side region), and in a second lever position of the impact region after the side impact, the partial portion is in contact with the side region (Inoue, figure 3, impact region can deform to contact the side region);
wherein the impact region is configured such that, in an event of a side impact, the impact region is in contact with a vehicle occupant, and the input force, which is caused at the same time by inertia of the vehicle occupant, brings about an input displacement of the impact region relative to the side region (Inoue, figure 3, impact region is capable of contacting a vehicle occupant in a crash where the occupant displaces the impact region);
wherein the deflecting region is configured to deflect the input force, which is absorbed by the impact region, and input displacement to the thrust region (Inoue, figure 3, deflection region capable of transmitting the input force to the thrust region); and
wherein the thrust region is configured such that the input force and the input displacement bring about an output displacement of the thrust region with an output force, as a result of which the vehicle occupant in contact with the thrust region is moved away from the back region (Inoue, figure 3, occupant would contact side region and be moved away from the back region during an impact).
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Regarding claim 12, Inoue discloses the vehicle seat according to claim 11, further comprising:
seat upholstery of the vehicle seat (Inoue, figure 3, item 11, pad member),
wherein the impact region and the thrust region are arranged between the seat upholstery and the backrest frame (Inoue, figure 3, see callout above and item 11, impact and thrust region between upholstery and backrest frame), and the vehicle occupant is in contact with the impact region and the thrust region via the seat upholstery (Inoue, figure 3, seat upholstery between the occupant sitting area and the regions).
Regarding claim 13, Inoue discloses the vehicle seat according to claim 12, wherein the seat upholstery is compressible (Inoue, figure 3, item 11, ¶47, pad is made of sponge).
Regarding claim 20, Inoue discloses a motor vehicle comprising a vehicle seat according to claim 11 (Inoue, claim 1, for a vehicle).
Regarding claim 23, Inoue discloses the vehicle seat according to claim 12,
wherein the force converter is arranged between the seat upholstery and to the backrest frame (Inoue, figure 3, see callout above, force converter between upholstery and backrest frame).
Regarding claim 24, Inoue discloses the vehicle seat according to claim 11, wherein the force converter is independent of any airbag module (Inoue, figure 3, force converter does not rely on an airbag module and are separate from an airbag module).
Regarding claim 25, Inoue discloses the vehicle seat according to claim 11, wherein the vehicle seat comprises a plurality of force converters (Inoue, figure 3, force converter, force converters on both right and left sides).
Alternatively, it would have been obvious to mirror the force converter to the other side of the
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to mirror the force converter to the other side of the seat in order to simplify manufacturing complexity and to produce a similar side impact response to a side impact from the other direction, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 26, Inoue discloses the vehicle seat according to claim 25, wherein a first force converter of the plurality of force converters is arranged on the side region, and a second force converter of the plurality of force converters is arranged on a side region opposite the side region (Inoue, figure 3, force converter, force converters on opposite sides of the seat).
Regarding claim 27, Inoue discloses the vehicle seat according to claim 1, wherein the output displacement of the thrust region moves the vehicle occupant forward in a longitudinal direction of the motor vehicle (Inoue, figure 3, output displacement would move an occupant longitudinally forwards).
Regarding claim 28, Inoue discloses the vehicle seat according to claim 1, wherein the thrust region is angled to achieve a direction of action of the output force (Inoue, figure 3, see callout above, thrust region; thrust region is at an angle and thrust region can deform to an angle during an impact in achieving a particular output force direction).
Regarding claim 29, Inoue discloses the vehicle seat according to claim 11, wherein a movement direction of the vehicle occupant away from the back region contains a component in a lateral direction of the motor vehicle, facilitating sliding on the side region (Inoue, figure 3, impact and thrust regions create movement direction away from back that has a lateral component).
Regarding claim 30, Inoue discloses the vehicle seat according to claim 12, wherein the seat upholstery is formed from a foamed material (Inoue, ¶48).
Regarding claim 31, Huynh discloses the vehicle seat according to claim 11, wherein the seat upholstery is compressed in the second lever position after the side impact (Inoue, ¶48, seat upholstery can be is made of foam and can be compressed after a side impact).
Regarding claim 33, Huynh discloses the vehicle seat according to claim 11, wherein the deflecting region is arranged on the backrest frame (Inoue, figure 3, see callout above, deflection region; deflection region is arranged on backrest frame).
Regarding claim 34, Huynh discloses the vehicle seat according to claim 11, wherein the side region is configured as a side bulge (Inoue, figure 3, see callout above, side region acts as a side bulge).
Regarding claim 35, Inoue discloses the vehicle seat according to claim 12, wherein the vehicle occupant does not feel the impact region and the thrust region when sitting normally on the seat upholstery (Indefinite, see above rejection under 35 USC 112(b); Inoue, applicant may not feel impact region and thrust region when sitting)
Claim(s) 11 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inoue (US 20070145727 A1).
Regarding claim 11, Inoue (US 20070145727 A1) discloses a vehicle seat for a motor vehicle, comprising:
a backrest frame (Inoue, figure 3, item 17) with a back region (Inoue, figure 3, see callout below, back region) and a side region (Inoue, figure 3, see callout below, side region);
at least one force converter (Inoue, figure 3, see callout below; impact, deflecting, and side regions form force converter), wherein the force converter has an impact region (Inoue, figure 3, see callout below, impact region), which impact region is arranged on the side region (Inoue, figure 3, see callout below, impact region is not side region), for absorbing an input force (Inoue, figure 3, impact region capable of absorbing input force), a deflecting region (Inoue, figure 3, see callout below, deflection region), and a thrust region (Inoue, figure 3, see callout below, thrust region), which thrust region is arranged on the back region (Inoue, figure 3, see callout below, thrust region on back region), for outputting an output force, and wherein the force converter is configured to convert the input force into the output force by passively utilizing inertia of a vehicle occupant without any sensor, airbag, or motor (Inoue, figure 3, force converter converts input force into an output force; the force converter is capable of this using an occupant’s inertia without using sensors, airbags, or motors);
wherein the force converter is configured as a lever system (Inoue, figure 3, force converter can be used as a lever system), and the impact region and the thrust region are configured as lever elements which are connected to each other via the deflecting region (Inoue, figure 3, see callout below, deflection region between the impact and thrust region can act as lever elements connected together via the deflection region), which deflection region is in the form of a pivot point, and form an angle to each other (Inoue, figure 3, see callout below, impact deflection and thrust regions at an angle with respect to each other), wherein, in a first lever position of the impact region before the side impact, the impact region is spaced apart at least in a partial portion from the side region (Inoue, figure 3, position of the of impact region is spaced from the side region), and in a second lever position of the impact region after the side impact, the partial portion is in contact with the side region (Inoue, figure 3, impact region can deform to contact the side region);
wherein the impact region is configured such that, in an event of a side impact, the impact region is in contact with a vehicle occupant, and the input force, which is caused at the same time by inertia of the vehicle occupant, brings about an input displacement of the impact region relative to the side region (Inoue, figure 3, impact region is capable of contacting a vehicle occupant in a crash where the occupant displaces the impact region);
wherein the deflecting region is configured to deflect the input force, which is absorbed by the impact region, and input displacement to the thrust region (Inoue, figure 3, deflection region capable of transmitting the input force to the thrust region); and
wherein the thrust region is configured such that the input force and the input displacement bring about an output displacement of the thrust region with an output force, as a result of which the vehicle occupant in contact with the thrust region is moved away from the back region (Inoue, figure 3, occupant would contact side region and be moved away from the back region during an impact).
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Regarding claim 22, Inoue discloses the vehicle seat according to claim 1, wherein, in a first lever position before the side impact, the thrust region runs substantially parallel to the back region (Huynh, figure 2, see callout above, thrust region shown substantially parallel to a back region).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated Inoue (US 20070145727 A1) or alternatively under 35 U.S.C. 103 as being unpatentable over Inoue (US 20070145727 A1) as applied to claim 11 above.
Regarding claim 25, Inoue discloses the vehicle seat according to claim 11, wherein the vehicle seat comprises a plurality of force converters (Inoue, figure 3, force converter, force converters on both right and left sides).
Alternatively, it would have been obvious to mirror the force converter to the other side of the
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to mirror the force converter to the other side of the seat in order to simplify manufacturing complexity and to produce a similar side impact response to a side impact from the other direction, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Response to Arguments
Applicant’s arguments, see page 7 of applicant’s reply, filed 06/17/2026, with respect to the rejection of claim 24 under 35 USC 112 and drawing objections have been fully considered and are persuasive. This rejection and objection have been withdrawn.
Applicant’s arguments with respect to claim(s) 11-13, 17, 20-23, and 25-35 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Breuninger (DE 102007013106 A1) teaches a seat with an embedded airbag; the seat would meet when airbag is inflated
Ros (DE 102012005691 A1) teaches a side cushion with a movable frame/lever structure embedded inside of the cushion
David (GB 2575642 A) teaches an infant seat with cushion and airbag
Komatsu (JP H07117542 A) is a side cushion with a movable frame/lever structure embedded inside of the cushion
Lee (KR 20110064490 A) teaches an infant seat with inflatable air tubes acting as a cushion
Yoshida (US 7293828 B2) teaches an infant seat with cushion and frame
Deng (US 11279269 B1) teaches an armrest like structure with a net
Inoue (US 20070145727 A1) teaches a seat with airbag
Honda (US 20160311349 A1) teaches armrests with airbags
Rist (US 20180370397 A1) is a side cushion with a movable frame/lever structure embedded inside of the cushion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN ANDREW YANKEY whose telephone number is (571)272-9979. The examiner can normally be reached Monday-Thursday 8:30 - 5:00.
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, Joshua Michener can be reached at (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN ANDREW YANKEY/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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