DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicants’ Preliminary Amendments, filed 3/29/2024 and 12/30/2024, have been entered. Claims 1-10 are pending.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 80U.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 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.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (CN 101092117 – see IDS and see attached machine translation).
The cited passages are from the machine translation.
Regarding claim 1: Liu discloses a vehicle, a vehicle body, and vehicle seats 3 that are arranged in an interior space of the vehicle body (Fig. 1; bottom of page 1 – page 2). Liu discloses that the vehicle body includes a vehicle body floor on which the vehicle seats are arranged (Fig. 1, 2; bottom of page 1 – page 2). Liu discloses a vehicle body-outer wall part that is disposed to surround the vehicle seats (Fig. 1; bottom of page 1 – page 2). Liu discloses the vehicle seat includes a seat body on which an occupant is seated (Fig. 1; Summary of the Invention – seat is for passengers). Liu discloses a moving device 4 that allows the seat body to be mounted and to move with respect to the vehicle body floor (Fig. 2; middle of page 1 – page 2). Liu discloses at least a part of the vehicle body-outer wall part 1 is provided to be switchable between a closed position at which an interior space of the vehicle body is closed and an open position at which the interior space of the vehicle body is opened (Fig. 1; from the middle to end of page 1). Liu discloses the moving device includes an operation part to be operated by the occupant and moves the seat body between a reference position and an upper position moved upward from the reference position as the operation part is operated (Fig. 1; bottom of page 1 – page 2). Liu discloses at least a part of the seat body is disposed above at least the part of the vehicle body-outer wall part having been in the closed position when at least the part of the vehicle body-outer wall part is in the open position and the seat body is in the upper position (Fig. 1; bottom of page 1 – page 2).
Regarding claim 2: Liu discloses that the seat body includes a seat back and a headrest provided above the seat back, and when at least the part of the vehicle body-outer wall part is in the open position and the seat body is in the upper position, an upper end portion of the headrest is disposed above at least the part of the vehicle body-outer wall part having been in the closed position (Fig. 1; bottom of page 1 – page 2).
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 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 of this title, 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 3-4, 6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 101092117 – see IDS and see attached machine translation).in view of McMillen (US 20070216185).
The cited passages from Liu are from the machine translation.
Liu discloses the invention substantially as claimed and as discussed above.
Regarding claim 3: Liu discloses that the vehicle body-outer wall part includes a vehicle body-upper wall portion that is disposed above the vehicle seats, and a roof that is mounted on the vehicle body-upper wall portion and is disposed at a position corresponding to the seat bodies, the roof is provided to be switchable between the closed position and the open position, and when the roof is in the open position and the seat body is in the upper position, at least the part of the seat body is disposed above the roof having been in the closed position (Fig. 1; bottom of page 1 – page 2).
Liu does not explicitly disclose that the roof is a sunroof. McMillen teaches that a vehicle roof can have a sunroof 70 that is switchable between the closed position and the open position (Figs. 5A, 5B; [0099]). Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art and the benefit of the cited art to have configured Liu to have a roof that is a sunroof that is switchable between the closed position and the open position as taught by McMillen. As both Liu and McMillen are directed to a vehicles having a roof that is switchable between the closed position and the open position, as sunroofs are very well known in the art, as Liu is silent regarding the roof structure or the roof being a sunroof, and as McMillen explicitly teaches a roof that is includes a sunroof that is switchable between the closed position and the open position, it would have been within routine skill to have selected a desired roof configuration from a finite selection of vehicle roof configurations (i.e. a sunroof or a non-opening roof). Such a simple substitution/addition and configuration would have been predictable with a reasonable expectation for success and with no unexpected results.
Regarding claim 4: Liu, as modified by McMillen, discloses that one end portion and the other end portion of the sunroof in a front to rear direction are arranged at the same height position as the vehicle body-upper wall portion when the sunroof is in the closed position, and the one end portion and the other end portion are arranged at a position higher than the vehicle body-upper wall portion when the sunroof is in the open position (Liu - Fig. 1; bottom of page 1 – page 2; McMillen – Figs. -5A, 5B).
Regarding claim 6: Liu discloses that the vehicle includes a first seat body and a second seat body disposed behind the first seat body (driver’s/front seat), on the vehicle body floor, the moving device moves the second seat body between the reference position and the upper position as the operation part is operated, and an upper end portion of the second seat body is disposed above the sunroof having been in the closed position and above an upper end portion of the first seat body when the sunroof is in the open position and the second seat body is in the upper position (Fig. 1; bottom of page 1 – page 2).
Regarding claim 8: Liu discloses that the vehicle includes a first seat body (driver’s/front seat) disposed below the vehicle body-upper wall portion and a second seat body disposed below the sunroof and behind the first seat body, on the vehicle body floor, the moving device moves the second seat body between the reference position and the upper position as the operation part is operated, and at least a part of the second seat body is disposed above the sunroof having been in the closed position when the sunroof is in the open position and the second seat body is in the upper position (Fig. 1; bottom of page 1 – page 2).
Allowable Subject Matter
Claims 5, 7, and 9-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter.
Vehicles having sunroofs are very well known in the art. Vehicles having seats which raise and lower are very well known in the art including their structure and operation. Vehicle seats that extend beyond the vehicle body are also known. Representative art which appears close to the claimed invention includes Liu (CN 101092117 – see IDS), McMillen (US 20070216185), Salter et al. (US 11691547), Pelka (US 20200269728), Hill (US 5927679), and Kamioku (US 20180145402). In general, this art, alone or in combination, discloses various recited features, including but not limited to, a vehicle, a vehicle body, vehicle seats arranged in an interior space of the vehicle body, that the vehicle body includes a vehicle body floor on which the vehicle seats are arranged, a vehicle body-outer wall part disposed to surround the vehicle seats, a seat body on which an occupant is seated, a moving device that allows the seat body to be mounted and to move with respect to the vehicle body floor, at least a part of the vehicle body-outer wall part is provided to be switchable between a closed position at which an interior space of the vehicle body is closed and an open position at which the interior space of the vehicle body is opened, the moving device includes an operation part to be operated by the occupant and moves the seat body between a reference position and an upper position moved upward from the reference position as the operation part is operated, at least a part of the seat body is disposed above at least the part of the vehicle body-outer wall part having been in the closed position when at least the part of the vehicle body-outer wall part is in the open position and the seat body is in the upper position, a sunroof, and multiple sun roofs. Thus, upon reviewing these cited publications, and their included references, it appears that the claimed subject matter might teach a generally known concept. However, this art fails to disclose or fairly suggest the specifically recited structural details and positional relationships. Specifically, the art does not disclose the detailed structural, positional and attachment relationships of the movable seats, the body upper wall, and the sunroof and the remaining recited apparatus structure and the overall relationship to the vehicle. It could be argued that the individual structure is generally known in the art and thus, could just be assembled to disclose the claimed invention. However, the instant invention clearly and specifically recites structural and positional relationships and combinations, which require a greater effort than just cobbling together known structures. Further, the claimed structures are sufficiently detailed to be distinguishable when configured as claimed. The examiner can find no motivation to combine or modify the references which would define a fully functioning apparatus as claimed in the instant application. Thus, it would not have been within routine skill to glean the specifically combined limitations of the instant invention, from the art, without the benefit of hindsight reasoning or extensive experimentation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TARAS P BEMKO whose telephone number is (571)270-1830. The examiner can normally be reached on Monday-Friday 8:00-5:00 (EDT/EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached on 571-272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Taras P Bemko/
Primary Examiner, Art Unit 3672
7/24/2026
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