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 .
Response to Arguments
The applicant has addressed the 112 interpretations and rejections and therefore they are withdrawn. Also, the drawing objections have been overcome and are withdrawn.
Regarding the prior art, the applicant argues that Fujita does not disclose a recess or a tensioner arranged in the recess. The examiner respectfully disagrees. Applicant states that opening in Fujita is “inconsistent with the specification’s depiction of a pocket-like recess”. The specification’s depiction is not relevant if the claim does not also claim such structure. In this case, “pocket-like recess” is not in the claim. Further, applicant states that Fujita does not disclose “an upwardly open recess”. Again, this language is not in the claims. Applicant also argues that Fujita does not teach “receiving a protruding body of the cushion into a shell recess”. These arguments are not found convincing. The frame discloses an enclosure with walls which are recessed away from the cavity within the frame – therefore the shell comprises a recess, which is the space in the middle which is formed by the recessed structure around it. Regarding the protruding body, Fig. 1 shows a bottom structure of the cushion which is pressed against the tensioner (cloth spring 31). Figs. 4 and 6 show that this bottom portion of the cushion is raised and lowered by use of the cloth spring.
For claim 12/15 applicant argues that the frame 12 of Fujita is not a drum body. The examiner respectfully disagrees. The frame 12 is a cylindrical body for winding the cloth spring. The applicant provides no evidence or argument for why this interpretation is wrong. For claim 13, the arguments are irrelevant as they address optional limitations. For claim 19, applicant argues that there is no teaching or motivation to modify Fujita with the cover of Nagayasu, but fails to address the motivation given in the rejection.
Applicant’s arguments with respect to Brncick have been considered but are moot due to the new rejection in light of applicant’s amendments.
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) 11-18 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujita et al (US 20070152483 A1).
For claim 11, Fujita discloses a seat device for a vehicle, comprising:
at least one cushion body 30, top cover portion which forms a seat surface on a side facing toward a user of the vehicle top surface;
at least one transmission body bottom surface/portion of cushion which is arranged or formed on the cushion body on a side of the cushion body facing away from the seat surface and which extends away from the cushion body Fig. 5;
at least one rigid seat shell frame 10 which is arranged on a side of the cushion body that faces away from the seat surface and is directly or indirectly fixable to a carrier structure of the vehicle via rails in Fig. 1, wherein the rigid seat shell comprises at least one recess in which at least the transmission body is at least partially arrangeable opening within the frame, and
at least one setting unit adjusting member 50 which is arranged between the cushion body and the seat shell and comprises at least one tensioner cloth spring 31,
wherein the tensioner is arranged in the recess in the seat shell between the cushion body and the seat shell and is transferrable from a relaxed basic position, in which a depth of penetration of the transmission body into the recess in the seat shell is greatest Para 0062; Fig. 4: solid line position of 31a/b, to at least one tensioned functional position, in which the transmission body is displaced by the tensioner into a position in which the depth of penetration of the transmission body into the recess in the seat shell is reduced with respect to the basic position Fig. 4: dashed line position of 31a/b.
For claim 12, Fujita discloses the seat device according to claim 11, wherein
a free end of the tensioner is directly or indirectly fixed in or to the seat shell Fig. 2: back end of 31a/b is at least indirectly fixed to the seat shell, and the setting unit comprises at least one setting device having a rotatable drum body 12, to which an end of the tensioner that is situated opposite the free end is fixed, the drum body being configured to wind the tensioner for transferring from the basic position to the functional position Para 0062: “the movable frame (12) pivots forward. Then, the lower cloth spring (31b) is wound in forward, making the tension strong”.
For claim 13, Fujita discloses the seat device according to claim 11, wherein
the tensioner is flexibly bendable transversely to its direction of extent cloth spring 31.
For claim 14, Fujita discloses the seat device according to claim 11, wherein
the tensioner is elastically extensible along its direction of extent cloth spring “containing elastic yarn” Para 0036.
For claim 15, Fujita discloses the seat device according to claim 12, wherein
the drum body is drivable in rotation and the tensioner can be wound onto the drum body when it is transferred from the basic position to the functional position Para 0062: “the movable frame (12) pivots forward. Then, the lower cloth spring (31b) is wound in forward, making the tension strong”.
For claim 16, Fujita discloses the seat device according to claim 11, wherein
the tensioner bears linearly or extensively against an outer surface of the transmission body at least in the functional position Fig. 1: bottom of cushion 30 presses against 31.
For claim 17, Fujita discloses the seat device according to claim 11, wherein
the cushion body and the transmission body comprise a common, one-piece component cushion 30 comprises both the top portion and bottom portion in one-piece.
For claim 18, Fujita discloses the seat device according to claim 11, wherein
the transmission body has a variable surface Fig. 6: variable as it may vary to be more depressed in the back than in the front.
For claim 21, Fujita discloses the seat device according to claim 11, wherein the seat device is a tilting vehicle seat device Para 0106: “The present invention can be applied to various vehicle seats such as a train, a plane, and the like, an office chair or the like as well as a car seat”.
Claim(s) 11, 13-14, 16, 18 and 20-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lorbiecki (US 5975629 A).
For claim 11, Lorbiecki discloses a seat device for a vehicle, comprising:
at least one cushion body Fig. 19: 102 which forms a seat surface on a side facing toward a user of the vehicle;
at least one transmission body Fig. 19: 270 which is arranged or formed on the cushion body on a side of the cushion body facing away from the seat surface and which extends away from the cushion body arranged on the inside of 102;
at least one substantially rigid seat shell 101 which is arranged on a side of the cushion body that faces away from the seat surface and is directly or indirectly fixable to a carrier structure of the vehicle 264, wherein the rigid seat shell comprises at least one recess in which at least the transmission body is at least partially arrangeable pocket 96, and
at least one setting unit which is arranged between the cushion body and the seat shell and comprises at least one tensioner bladder 40,
wherein the tensioner is arranged in the recess in the seat shell between the cushion body and the seat shell Fig. 19 and is transferrable from a relaxed basic position, in which a depth of penetration of the transmission body into the recess in the seat shell is greatest when deflated, to at least one tensioned functional position, in which the transmission body is displaced by the tensioner into a position in which the depth of penetration of the transmission body into the recess in the seat shell is reduced with respect to the basic position when inflated.
For claim 13, Lorbiecki discloses the seat device according to claim 11, wherein
the tensioner is flexibly bendable transversely to its direction of extent shown flexing from Fig. 10 to Fig. 11, and/or the tensioner has an extensive form comprising a blind-shaped or mat-shaped element inflatable element is mat-shaped.
For claim 14, Lorbiecki discloses the seat device according to claim 11, wherein
the tensioner is elastically extensible along its direction of extent, and/or the tensioner has an extensive or linear form as it extends over an area.
For claim 16, Lorbiecki discloses the seat device according to claim 11, wherein
the tensioner bears linearly or extensively against an outer surface of the transmission body at least in the functional position Fig. 19: 40 bears extensively against 270.
For claim 18, Lorbiecki discloses the seat device according to claim 11, wherein
the transmission body has a variable surface Fig. 19: variable as it varies in shape from left to right and/or comprises a flexible and/or elastic casing and a fluid arranged in the casing Col 4, line 48.
For claim 20, Lorbiecki discloses the seat device according to claim 11, comprising:
at least two transmission bodies Fig. 19: 270 and 272 arranged or formed on the cushion body at a spacing from one another on that side of the cushion body that faces away from the seat surface both arranged on the inside surface of the 102;
at least two rigid seat shells, each comprising a recess in which a respective transmission body is arrangeable shells each defining 96 and 96’; and
two tensioners, a respective one of which is arranged in a recess in one of the seat shells 40 and 40’.
For claim 21, Lorbiecki discloses the seat device according to claim 11, wherein the seat device is a tilting vehicle seat device motorcycle.
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.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujita et al (US 20070152483 A1) in view of Nagayasu (US 20140225407 A1).
For claim 19, Fujita discloses the seat device according to claim 11, but fails to disclose that the setting unit comprises at least one restoring device which restores the cushion body into the basic position.
However, Nagayasu teaches a seat device comprising a setting unit comprising at least one restoring device which restores the cushion body into the basic position Fig. 5: cushion cover 3C; Para 0068: “the cushion cover 3C is fixed with being downwards tensioned”, the restoring device comprising an elastic seat cover which circumferentially surrounds the cushion body and/or at least partially the rigid seat shell and is tensioned downward to bias the cushion body toward the basic position.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Fujita by using a downward tensioned cover as disclosed by Nagayasu. One of ordinary skill in the art would have been motivated to make this modification to keep the cushion retained downwards in a reliable position.
Nagayasu discloses that the cushion cover is tensioned downward, but does not disclose what material the cover is made of and therefore does not teach that the cushion cover itself is elastic. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the cushion cover from an elastic material in order to provide the tensioning necessary to secure the cushion cover and cushion in position, 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 its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN N M ZOHOORI whose telephone number is (571)272-7996. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOSHUA J 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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/COLIN ZOHOORI/Examiner, Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642