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 .
Status of Claims
This Office Action is in response to the application filed on 04/03/2026. Claims 1, 4-12, and 14-16 are presently pending and are presented for examination. Claims 1, 4, 5, 10, and 14 were amended. Claims 2 and 3 were cancelled.
Reply to Remarks
Applicant’s arguments, see Page 8 of the Applicant's Remarks, filed 04/03/2026, with respect to the rejection(s) of claim 3 under §112(d) have been fully considered and are persuasive. Therefore, the rejections have been withdrawn.
Applicant’s arguments, see Page 8 of the Applicant's Remarks, filed 04/03/2026, with respect to the rejection(s) of claim 5 under §112(b) have been fully considered and are persuasive. Therefore, the rejections have been withdrawn.
Applicant’s arguments, see Pages 8-10 of the Applicant's Remarks, filed 04/03/2026, with respect to the rejection(s) of claim(s) 10-16 under §101 have been fully considered and are persuasive. Therefore, the rejections have been withdrawn.
Applicant’s arguments, see Pages 10-12 of the Applicant's Remarks, filed 04/03/2026, with respect to the rejection(s) of claim(s) 1, 4-12, and 14-16 under §103 have been fully considered and not persuasive. Applicant argues that the Herrmann references would not have been combined by one of ordinary skill in the art before the effective filing date of the claimed invention. Examiner respectfully disagrees. As neither Herrmann reference is used to teach the seat adjustment model in the current rejection. Further, the Herrmann 372 utilizes gesture-based activation which could correspond to the specific operating event measured in Herrmann 258 and used for seat adjustment control. Further, both references are directed to seat control to account for user preferences and can be combined to achieve the prevention of unacceptable uncontrolled movement of the vehicle seat in the event of a crash and thus reduce the risk of injury to a user, see Herrmann 372 ¶16 for details. The reason or motivation to modify the reference may often suggest what the inventor has done, but for a different purpose or to solve a different problem. It is not necessary that the prior art suggest the combination to achieve the same advantage or result discovered by applicant, see MPEP 2144 IV. While Examiner disagrees with the basis of applicant's arguments presented in the reply dated 04/03/2026, new grounds of rejection are nonetheless provided to address the newly amended subject matter and is made in view of Herrmann 258, Herrmann 372, and Li.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "first module configurable to", and “second module configurable to” in claim 1, and “the apparatus is configurable to” to in claims 4 and 7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 5 is objected to because of the following informalities: There is a typo present, “user data include”, the sentence should say, “includes”. Appropriate correction is required.
Claims 7, and 12 are objected to because of the following informalities: Applicant has not removed indefinite language, "optimal" and "non-optimal" which contains similar limitations to previous claim 5. Appropriate correction is required.
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.
Claims 1, 6, and 9 are rejected under 35 U.S.C. § 103 as being unpatentable over Herrmann et al., US-20250074258-A1, in view of Herrmann et al., US-20240208372-A1, and Li et al., US-20170052538-A1, hereinafter referred to as Herrmann 258, Herrmann 372, and Li.
As per claim 1
Herrmann 258 discloses [a]n for adjustment of at least one seat based on a two-step adjustment strategy comprising a preliminary adjustment stage and a secondary adjustment stage, the apparatus comprising (a rough adjustment in a first adjustment phase, controls the adjustment movements of the vehicle seat 1…In the subsequent precise adjustment…comparatively small adjustment path and thus a comparatively short distance between the intermediate position and the desired target position is bridged in the following precise adjustment, controls the adjustment movements of the vehicle seat 1 - Herrmann 258 ¶5 & ¶22):
a first module configurable to (adjustment device 101 is coupled to a control electronics 100 which controls the adjustment movements of the vehicle seat 1 - Herrmann 258 ¶22):
receive at least one input signal, the at least one input signal comprising (If a user triggers an adjustment process by a specific operating event, the control electronics 100 controls the adjustment of the vehicle seat 1 proceeding from a starting position…target position - Herrmann 258 ¶22):
at least one sensor signal communicable from at least one sensor positioned relative to the apparatus (An operating event for triggering a corresponding adjustment process can include for example…the actuation of a switch or button, and/or a user entering the vehicle interior, which is detected by means of sensors - Herrmann 258 ¶22);
at least one general adjustment signal communicable from at least one host device coupled to the apparatus (control electronics 100 is configured to actuate the adjustment device 101 for a triggered adjustment process initially, in a first adjustment range and thus during a first adjustment phase of the adjustment process, for a rough adjustment of the vehicle seat 1 - Herrmann 258 ¶23),
a second coupled to the first module, the second module configurable to process the at least one input signal in a manner so as to produce at least one output signal, the at least one output signal comprising (adjustment device 101 is coupled to a control electronics 100 which controls the adjustment movements of the vehicle seat 1. If a user triggers an adjustment process by a specific operating event, the control electronics 100 controls the adjustment of the vehicle seat 1 - Herrmann 258 ¶22):
at least one preliminary derivation signal based on processing of the at least one sensor signal (If a user triggers an adjustment process by a specific operating event, the control electronics 100 controls the adjustment of the vehicle seat 1 proceeding from a starting position…target position. An operating event for triggering a corresponding adjustment process can include for example…the actuation of a switch or button, and/or a user entering the vehicle interior, which is detected by means of sensors - Herrmann 258 ¶22 - Examiner reasons that the preliminary derivation signal means a processor that analyses the sensor data to begin the adjustment process and is created in the control electronics 100 that contains the first and second modules, which is proven to be true as the adjustment process is executed),
at least one general control signal based on the at least one general adjustment signal (control electronics can be configured to actuate the adjustment device in the first adjustment range, during a first adjustment phase of the adjustment process, for the rough adjustment of the interior object - Herrmann 258 ¶9),
at least one fine-tuning control signal (control electronics can be configured to actuate the adjustment device…in the following second adjustment range, during a temporally following second adjustment phase of the adjustment process, for the precise adjustment- Herrmann 258 ¶9),
the at least one general control signal being usable for the preliminary adjustment stage of the seat (control electronics can be configured to actuate the adjustment device in the first adjustment range, during a first adjustment phase of the adjustment process, for the rough adjustment of the interior object - Herrmann 258 ¶9),
the at least one fine-tuning control signal being usable for the secondary adjustment stage of the seat, and being based on receiving at least one sensor signal communicable from the sensor subsequent to the preliminary adjustment stage (a rough adjustment of the interior object can be user-independent, after completion of the first adjustment phase, to start the second adjustment phase only in response to an operating event triggered by a user…for example by a gesture and/or a voice command, target position to be reached by the precise adjustment can be user-specific, second adjustment phase begins…requires a further operating event by the user, such that the adjustment process is interrupted at least briefly, until the user signals that the second adjustment phase can begin, data relating to the precise adjustment can also originate from an external memory, such as a memory of a mobile device of a user getting into the vehicle - Herrmann 258 ¶4 & ¶9 & ¶10 & ¶23 & ¶25);
wherein the sensor signals including at least one preliminary sensory signal and at least one fine-tuning sensory signal, the preliminary sensory signals being associable with the preliminary adjustment stage and the fine-tuning sensory signals being associable with the secondary adjustment stage (control electronics can be configured to actuate the adjustment device…in the following second adjustment range, during a temporally following second adjustment phase of the adjustment process, for the precise adjustment…to start the second adjustment phase only in response to an operating event triggered by a user, An operating event for triggering a corresponding adjustment process…by means of sensors, to actuate the adjustment device 101 for a triggered adjustment process initially, in a first adjustment range and thus during a first adjustment phase- Herrmann 258 ¶9 & ¶22 & ¶23).
Herrmann 258 does not specifically disclose wherein the second module is configurable to process the preliminary sensory signals to generate the preliminary derivation signals.
Herrmann 372 teaches wherein the second module is configurable to process the preliminary sensory signals to generate the preliminary derivation signals (a predetermined user gesture may be required to initiate an adjustment process...evaluate a detection signal from a sensor device or an interior monitoring device for detecting a predetermined gesture, in order to conclude an adjustment request when the predetermined gesture is detected, control device is configured to…by means of a sensor system on the interior assembly, via a control module 36 of the control device 3 - Herrmann 372 ¶37 & ¶52 & ¶113).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Herrmann 372 teaches a drive device for adjusting an interior assembly of a vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a drive device for adjusting an interior assembly of a vehicle, as taught by Herrmann 372, with a reasonable expectation of success so that a vehicle seat may be held safely and reliably in position in the event of a crash, in order to prevent unacceptable uncontrolled movement of the vehicle seat in the event of a crash and thus reduce the risk of injury to a user, see Herrmann 372 ¶16 for details.
Herrmann 258 does not specifically disclose wherein the preliminary derivation signals are processable so as to obtain a suitable seat adjustment model, the general adjustment signals being based on the suitable seat adjustment model; wherein the model corresponds to a dataset associated with parameters in connection with characteristics and sitting positions of users.
However, Li teaches wherein the preliminary derivation signals are processable so as to obtain a suitable seat adjustment model, the general adjustment signals being based on the suitable seat adjustment model; wherein the model corresponds to a dataset associated with parameters in connection with characteristics and sitting positions of users (personalizing the control and IVI settings of a connected vehicle according to a seat position of a user of the mobile device…transmit a predicted seat position P to a server…optimizes the coverage and accuracy of the model M…retrieves the seat prediction model M from the server…Once the vehicle knows the in-vehicle seat position of a user, on-demand personalization will follow automatically. The personalization can be for vehicle controls, IVI head unit or backseat entertainment system, etc., according to user's in-vehicle seat position, data table 600 for multiple sets of collected data for multiple seat positions…The process is repeated at a fixed interval (e.g., once per second) for the front left seat, so that a list of data entries are collected and filled into data table 600 for the FL seat, one row per second, generalized data table 600 is a labeled training data set ready for machine learning…seat prediction model M learned from the training data set will be used to predict a user seat location based on a time series of BLE signal samples, i.e. the sliding window. The generalized data table 600 is processed by automatic classifiers using existing machine learning algorithms. A classifier will be trained using the training data - Li Abstract & ¶46 & ¶50 - Examiner reasons that preliminary adjustments resulted in the various seat positions that are used to determine the training set of the user’s preferred seating positions for the automatic secondary or general adjustment, disclosed in Herrmann 258, that follows after the communication with the server).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Li teaches an IVI system that detects seat localization for each occupant and provides on-demand personalization.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with an IVI system that detects seat localization for each occupant and provides on-demand personalization, as taught by Li, with a reasonable expectation of success for automatically personalizing vehicle controls and settings for each occupant, see Li ¶7 for details.
As per claim 6
Herrmann 258 further discloses further comprising: a third module coupled to the second module, the output signals being communicable to the third module from the second module for further transmission from the apparatus for further processing so as to determine a suitable seat adjustment model usable for the preliminary adjustment stage of the seat (adjustment device 101 is coupled to a control electronics 100 which controls the adjustment movements of the vehicle seat 1, An operating event for triggering a corresponding adjustment process…by means of sensors, to actuate the adjustment device 101 for a triggered adjustment process initially, in a first adjustment range and thus during a first adjustment phase - Herrmann 258 ¶22 & ¶23).
Herrmann 258 does not specifically disclose wherein the suitable seat adjustment model is determinable based on the preliminary derivation signals, and
the general adjustment signals being determinable based on the suitable seat adjustment model.
Herrmann 372 teaches wherein the suitable seat adjustment model is determinable based on the preliminary derivation signals (a predetermined user gesture may be required to initiate an adjustment process...evaluate a detection signal from a sensor device or an interior monitoring device for detecting a predetermined gesture, in order to conclude an adjustment request when the predetermined gesture is detected, control device is configured to…by means of a sensor system on the interior assembly, via a control module 36 of the control device 3 - Herrmann 372 ¶37 & ¶52 & ¶113),
the general adjustment signals being determinable based on the suitable seat adjustment model (interior assembly is configured by a vehicle seat, a user's wish for adjustment may be distinguished from situations in which no adjustment is to take place. For example, a certain movement of a user may indicate a request for adjustment, while in other situations, for example when vehicle occupants are in the vehicle interior while the vehicle is in motion, no adjustment of the interior assembly is to take place, to initiate an adjustment process of the interior assembly, it may be provided that a user acts on the interior assembly with his hand with a certain pattern - Herrmann 372 ¶20 & ¶36 & ¶38).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Herrmann 372 teaches a drive device for adjusting an interior assembly of a vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a drive device for adjusting an interior assembly of a vehicle, as taught by Herrmann 372, with a reasonable expectation of success so that a vehicle seat may be held safely and reliably in position in the event of a crash, in order to prevent unacceptable uncontrolled movement of the vehicle seat in the event of a crash and thus reduce the risk of injury to a user, see Herrmann 372 ¶16 for details.
As per claim 9
Herrmann 258 further discloses suitable for use for adjustment of at least one seat of an automobile, the seat being a driver seat (the interior object is for example a vehicle seat, the type of the precise adjustment is dependent on which identified user is sitting on the vehicle seat - Herrmann 258 ¶10).
Claim 4 is rejected under 35 U.S.C. § 103 as being unpatentable over Herrmann 258, in view of Herrmann 372, and Li, as per claim 1, and further in view of Yuan, CN-107789002-A, hereinafter referred to as Yuan (Translation by PE2E Search).
As per claim 4
Herrmann 258 further discloses wherein the suitable seat adjustment model is associable with at least one threshold value (If a user triggers an adjustment process by a specific operating event, the control electronics 100 controls the adjustment of the vehicle seat 1 proceeding from a starting position…target position. An operating event for triggering a corresponding adjustment process can include for example…the actuation of a switch or button, and/or a user entering the vehicle interior, which is detected by means of sensors - Herrmann 258 ¶22),
wherein the fine-tuning sensory signals are associable with real-time user data (to start the second adjustment phase only in response to an operating event triggered by a user…for example by a gesture and/or a voice command - Herrmann 258 ¶9).
Herrmann 258 does not specifically disclose wherein the apparatus is configurable to process the real-time user data and the threshold value to derive delta data for use for secondary adjustment of the seat.
Herrmann 258 discloses secondary adjustment of the seat. However, Yuan teaches wherein the apparatus is configurable to process the real-time user data and the threshold value to derive delta data for use for secondary adjustment of the seat (real-time detection of the vertical position and the set position threshold deviation range…the vertical displacement threshold A1 adjusts the position of the seat mechanism - Yuan Claim 7).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Yuan teaches a seat adjustment system with recorded horizontal and vertical position thresholds and position sensors.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a seat adjustment system with recorded horizontal and vertical position thresholds and position sensors, as taught by Yuan, with a reasonable expectation of success to gather real-time position information to adjust the sitting posture of the seat mechanism, see Yuan Page 2 Lines 35-36 and Page 3 Lines 4-5 for details.
Claim 5 is rejected under 35 U.S.C. § 103 as being unpatentable over Herrmann 258, in view of Herrmann 372, Li, and Yuan, as per claim 4, and further in view of Smith et al., US 8184856 B2, and Wuerstlein et al., US-20120043975-A1, hereinafter referred to as Smith, and Wuerstlein.
As per claim 5
Herrmann 258 further discloses wherein based on processing of the real-time user data and the threshold value by the apparatus (If a user triggers an adjustment process by a specific operating event, the control electronics 100 controls the adjustment of the vehicle seat 1 proceeding from a starting position… user-specific target position, An operating event for triggering a corresponding adjustment process can include for example…the actuation of a switch or button, and/or a user entering the vehicle interior, which is detected by means of sensors - Herrmann 258 ¶22).
Herrmann 258 does not specifically disclose wherein the real-time user data include a plurality of portions.
However, Smith teaches wherein the real-time user data include a plurality of portions (processing the signal produced by the relative motion sensor for controlling adjustment of the headrest to provide both optimal driver safety and optimal sensitivity of the relative motion sensor…driver's head pose as forward when the motion of the posterior portion is less than a first threshold, a steady head pose condition exists for a period of time that exceeds a second threshold, and a non-forward head pose condition exists for a period of time that exceeds a third threshold - Smith Claim 1).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Smith teaches a method and apparatus for adjusting the headrest position to optimize both the safety of the driver and the sensitivity of the relative motion sensor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a seat adjustment system with a method and apparatus for adjusting the headrest position to optimize both the safety of the driver and the sensitivity of the relative motion sensor, as taught by Smith, with a reasonable expectation of success to adjusting the headrest position to optimize both the safety of the driver and the sensitivity of the relative motion sensor, see Smith Page 1 Lines 53-55 for details.
Herrmann 258 does not specifically disclose the delta data being is based on selected portions of the real-time user data.
However, Wuerstlein teaches the delta data being is based on selected portions of the real-time user data (minimize the risk of head injury…the head support should also be situated as close as possible to the vehicle occupant's head in the horizontal direction, a capacitive proximity sensor which is integrated into the head support…determine a dimension for the vertical and horizontal deviations of a head support position from a target position provided with regard to the position of the head of a vehicle occupant, determine the dimension for the vertical deviation of the head support position on the basis of a difference between the receive signals…and to determine the dimension for the horizontal deviation of the head support position - Wuerstlein ¶5 & ¶10 & ¶11).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Wuerstlein teaches a sensor device system for determining the deviation of the position of a head support of a motor vehicle seat from a target position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a sensor device system for determining the deviation of the position of a head support of a motor vehicle seat from a target position, as taught by Wuerstlein, with a reasonable expectation of success to provide a sensor device for a head support which is improved over the prior art, see Wuerstlein ¶9 for details.
Claim 7 is rejected under 35 U.S.C. § 103 as being unpatentable over Herrmann 258, in view of Herrmann 372, and Li, as per claim 6, and further in view of Yuan, Smith, and Wuerstlein.
As per claim 7
Herrmann 258 further discloses wherein the suitable seat adjustment model is associable with at least one threshold value (If a user triggers an adjustment process by a specific operating event, the control electronics 100 controls the adjustment of the vehicle seat 1 proceeding from a starting position…target position. An operating event for triggering a corresponding adjustment process can include for example…the actuation of a switch or button, and/or a user entering the vehicle interior, which is detected by means of sensors - Herrmann 258 ¶22),
the fine-tuning sensory signals being associable with real-time user data (to start the second adjustment phase only in response to an operating event triggered by a user…for example by a gesture and/or a voice command - Herrmann 258 ¶9),
wherein the sensor is configurable to communicate at least one fine-tuning sensory signal obtained subsequent to the preliminary adjustment stage (a rough adjustment of the interior object can be user-independent, after completion of the first adjustment phase, to start the second adjustment phase only in response to an operating event triggered by a user…for example by a gesture and/or a voice command, target position to be reached by the precise adjustment can be user-specific, second adjustment phase begins…requires a further operating event by the user, such that the adjustment process is interrupted at least briefly, until the user signals that the second adjustment phase can begin, data relating to the precise adjustment can also originate from an external memory, such as a memory of a mobile device of a user getting into the vehicle - Herrmann 258 ¶4 & ¶9 & ¶10 & ¶23 & ¶25),
wherein based on processing of the real-time user data and the threshold value by the apparatus (If a user triggers an adjustment process by a specific operating event, the control electronics 100 controls the adjustment of the vehicle seat 1 proceeding from a starting position… user-specific target position, An operating event for triggering a corresponding adjustment process can include for example…the actuation of a switch or button, and/or a user entering the vehicle interior, which is detected by means of sensors - Herrmann 258 ¶22).
Herrmann 258 does not specifically disclose wherein the apparatus is configurable to process the real-time user data and the threshold value to derive delta data for use for secondary adjustment of the seat.
Herrmann 258 discloses secondary adjustment of the seat. However, Yuan teaches wherein the apparatus is configurable to process the real-time user data and the threshold value to derive delta data for use for secondary adjustment of the seat (real-time detection of the vertical position and the set position threshold deviation range…the vertical displacement threshold A1 adjusts the position of the seat mechanism - Yuan Claim 7).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Yuan teaches a seat adjustment system with recorded horizontal and vertical position thresholds and position sensors.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a seat adjustment system with recorded horizontal and vertical position thresholds and position sensors, as taught by Yuan, with a reasonable expectation of success to gather real-time position information to adjust the sitting posture of the seat mechanism, see Yuan Page 2 Lines 35-36 and Page 3 Lines 4-5 for details.
Herrmann 258 does not specifically disclose a portion of the real-time user data is determinable to be one of optimal.
However, Smith teaches a portion of the real-time user data is determinable to be one of optimal (processing the signal produced by the relative motion sensor for controlling adjustment of the headrest to provide both optimal driver safety and optimal sensitivity of the relative motion sensor…driver's head pose as forward when the motion of the posterior portion is less than a first threshold, a steady head pose condition exists for a period of time that exceeds a second threshold, and a non-forward head pose condition exists for a period of time that exceeds a third threshold - Smith Claim 1).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Smith teaches a method and apparatus for adjusting the headrest position to optimize both the safety of the driver and the sensitivity of the relative motion sensor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a seat adjustment system with a method and apparatus for adjusting the headrest position to optimize both the safety of the driver and the sensitivity of the relative motion sensor, as taught by Smith, with a reasonable expectation of success to adjusting the headrest position to optimize both the safety of the driver and the sensitivity of the relative motion sensor, see Smith Page 1 Lines 53-55 for details.
Herrmann 258 does not specifically disclose [portion of real time user data is] non-optimal, delta data being based only on non-optimal portions of the real-time user data.
However, Wuerstlein teaches [portion of real time user data is] non-optimal,
delta data being based only on non-optimal portions of the real-time user data (minimize the risk of head injury…the head support should also be situated as close as possible to the vehicle occupant's head in the horizontal direction, a capacitive proximity sensor which is integrated into the head support…determine a dimension for the vertical and horizontal deviations of a head support position from a target position provided with regard to the position of the head of a vehicle occupant, determine the dimension for the vertical deviation of the head support position on the basis of a difference between the receive signals…and to determine the dimension for the horizontal deviation of the head support position - Wuerstlein ¶5 & ¶10 & ¶11).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Wuerstlein teaches a sensor device system for determining the deviation of the position of a head support of a motor vehicle seat from a target position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a sensor device system for determining the deviation of the position of a head support of a motor vehicle seat from a target position, as taught by Wuerstlein, with a reasonable expectation of success to provide a sensor device for a head support which is improved over the prior art, see Wuerstlein ¶9 for details.
Claim 8 is rejected under 35 U.S.C. § 103 as being unpatentable over Herrmann 258, in view of Herrmann 372, Li, Yuan, Smith, and Wuerstlein, as per claim 7, and further in view of Breed et al., US-20020125050-A1, hereinafter referred to as Breed.
As per claim 8
Herrmann 258 does not specifically disclose wherein the output signals are receivable by the host device for machine-learning based processing.
However, Breed teaches wherein the output signals are receivable by the host device for machine-learning based processing (determines that the seat is occupied by an adult or child for which adjustment of the seat is beneficial or desired, then the processor means may direct the control means to affect the power means accordingly…for evaluating the occupancy of the seat and another for adjusting the component…correlation function or state between the output of the various sensors and the desired result (i.e., seat occupancy identification and categorization) is determined, e.g., by a neural network - Breed Fig 3 (31, 32, 33, 25) + ¶237).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Breed teaches an arrangement and method for controlling a component in a vehicle in which at least one morphological characteristic of an occupant is measured and a current position of at least a part of a seat on which the occupant is situated is obtained.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with an arrangement and method for controlling a component in a vehicle in which at least one morphological characteristic of an occupant is measured and a current position of at least a part of a seat on which the occupant is situated is obtained, as taught by Breed, with a reasonable expectation of success so that the reliability of the seated-state detecting unit can be improved and more people saved from death or serious injury, see Breed ¶12 for details.
Claims 10 and 11 are rejected under 35 U.S.C. § 103 as being unpatentable over Herrmann 258, in view of Li, and Yuan.
As per claim 10
Herrmann 258 discloses [a] processing method for adjustment of at least one seat in a vehicle, the processing method comprising (controls the adjustment movements of the vehicle seat 1 - Herrmann 258 ¶5):
a preliminary adjustment step comprising (a rough adjustment in a first adjustment phase, controls the adjustment movements of the vehicle seat 1 - Herrmann 258 ¶5):
obtaining at least one preliminary sensory signal from at least one sensor positioned relative to the seat (An operating event for triggering a corresponding adjustment process can include for example…the actuation of a switch or button, and/or a user entering the vehicle interior, which is detected by means of sensors - Herrmann 258 ¶22),
generating at least one general control signal by determining a suitable seat adjustment model based on the at least one preliminary sensory signal (interior object-specific information for a vehicle seat can also include information, and thus data, relating to seat kinematics and to the vehicle with which the data relating to the desired target position and the associated precise adjustment were acquire, If a user triggers an adjustment process by a specific operating event, the control electronics 100 controls the adjustment of the vehicle seat 1 proceeding from a starting position…target position…An operating event for triggering a corresponding adjustment process can include for example…the actuation of a switch or button, and/or a user entering the vehicle interior, which is detected by means of sensors - Herrmann 258 ¶14 & ¶22),
the at least one general control signal being communicable for use for preliminary adjustment of the seat (a rough adjustment in a first adjustment phase, controls the adjustment movements of the vehicle seat 1, If a user triggers an adjustment process by a specific operating event, the control electronics 100 controls the adjustment of the vehicle seat 1 proceeding from a starting position…target position…An operating event for triggering a corresponding adjustment process can include for example…the actuation of a switch or button, and/or a user entering the vehicle interior, which is detected by means of sensors - Herrmann 258 ¶5 & ¶22);
a secondary adjustment step comprising (In the subsequent precise adjustment…comparatively small adjustment path and thus a comparatively short distance between the intermediate position and the desired target position is bridged in the following precise adjustment, controls the adjustment movements of the vehicle seat 1 - Herrmann 258 ¶5 & ¶22):
obtaining at least one fine-tuning sensory signal from the sensor (a rough adjustment of the interior object can be user-independent, after completion of the first adjustment phase, to start the second adjustment phase only in response to an operating event triggered by a user…for example by a gesture and/or a voice command, target position to be reached by the precise adjustment can be user-specific, second adjustment phase begins…requires a further operating event by the user, such that the adjustment process is interrupted at least briefly, until the user signals that the second adjustment phase can begin, data relating to the precise adjustment can also originate from an external memory, such as a memory of a mobile device of a user getting into the vehicle - Herrmann 258 ¶4 & ¶9 & ¶10 & ¶23 & ¶25),
generating at least one fine-tuning control signal based on [need to reach target position] (a precise adjustment takes place in a following second adjustment range, from an intermediate position until the target position is reached - Herrmann 258 ¶15),
the at least one fine-tuning control signal being communicable for use for secondary adjustment of the seat (a rough adjustment of the interior object can be user-independent, after completion of the first adjustment phase, to start the second adjustment phase only in response to an operating event triggered by a user…for example by a gesture and/or a voice command, target position to be reached by the precise adjustment can be user-specific, second adjustment phase begins…requires a further operating event by the user, such that the adjustment process is interrupted at least briefly, until the user signals that the second adjustment phase can begin, data relating to the precise adjustment can also originate from an external memory, such as a memory of a mobile device of a user getting into the vehicle - Herrmann 258 ¶4 & ¶9 & ¶10 & ¶23 & ¶25);
adjusting the seat to a preliminary position using the at least one general control signal, adjusting the seat to a secondary position using the at least one fine-tuning control signal (control electronics can be configured to actuate the adjustment device…in the following second adjustment range, during a temporally following second adjustment phase of the adjustment process, for the precise adjustment…to start the second adjustment phase only in response to an operating event triggered by a user, An operating event for triggering a corresponding adjustment process…by means of sensors, to actuate the adjustment device 101 for a triggered adjustment process initially, in a first adjustment range and thus during a first adjustment phase, for a rough adjustment of the vehicle seat 1 - Herrmann 258 ¶9 & ¶22 & ¶23).
Herrmann 258 does not specifically disclose wherein the model corresponds to a dataset associated with parameters in connection with characteristics and sitting positions of users.
However, Li teaches wherein the model corresponds to a dataset associated with parameters in connection with characteristics and sitting positions of users (personalizing the control and IVI settings of a connected vehicle according to a seat position of a user of the mobile device…transmit a predicted seat position P to a server…optimizes the coverage and accuracy of the model M…retrieves the seat prediction model M from the server…Once the vehicle knows the in-vehicle seat position of a user, on-demand personalization will follow automatically. The personalization can be for vehicle controls, IVI head unit or backseat entertainment system, etc., according to user's in-vehicle seat position, data table 600 for multiple sets of collected data for multiple seat positions…The process is repeated at a fixed interval (e.g., once per second) for the front left seat, so that a list of data entries are collected and filled into data table 600 for the FL seat, one row per second, generalized data table 600 is a labeled training data set ready for machine learning…seat prediction model M learned from the training data set will be used to predict a user seat location based on a time series of BLE signal samples, i.e. the sliding window. The generalized data table 600 is processed by automatic classifiers using existing machine learning algorithms. A classifier will be trained using the training data - Li Abstract & ¶46 & ¶50 - Examiner reasons that preliminary adjustments resulted in the various seat positions that are used to determine the training set of the user’s preferred seating positions for the automatic secondary or general adjustment, disclosed in Herrmann 258, that follows after the communication with the server).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Li teaches an IVI system that detects seat localization for each occupant and provides on-demand personalization.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with an IVI system that detects seat localization for each occupant and provides on-demand personalization, as taught by Li, with a reasonable expectation of success for automatically personalizing vehicle controls and settings for each occupant, see Li ¶7 for details.
Herrmann 258 does not specifically disclose determining delta data based on the at least one [fine-tuning sensory signal and the suitable seat adjustment model], the delta data.
Herrmann 258 discloses the fine-tuning control for secondary adjustment phase and the suitable seat adjustment model. However, Yuan teaches determining delta data based on the at least one [fine-tuning sensory signal and the suitable seat adjustment model], the delta data (real-time detection of the vertical position and the set position threshold deviation range…the vertical displacement threshold A1 adjusts the position of the seat mechanism - Yuan Claim 7 - Examiner reasons that the fine-tuning sensory signal corresponds to the set target position that was user-specific in Herrmann 258 and a result of the user authorizing movement from Herrmann 258’s intermediate position).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Yuan teaches a seat adjustment system with recorded horizontal and vertical position thresholds and position sensors.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a seat adjustment system with recorded horizontal and vertical position thresholds and position sensors, as taught by Yuan, with a reasonable expectation of success to gather real-time position information to adjust the sitting posture of the seat mechanism, see Yuan Page 2 Lines 35-36 and Page 3 Lines 4-5 for details.
As per claim 11
Herrmann 258 further discloses wherein the suitable seat adjustment model is associable with at least one threshold value (If a user triggers an adjustment process by a specific operating event, the control electronics 100 controls the adjustment of the vehicle seat 1 proceeding from a starting position…target position. An operating event for triggering a corresponding adjustment process can include for example…the actuation of a switch or button, and/or a user entering the vehicle interior, which is detected by means of sensors - Herrmann 258 ¶22),
wherein the sensor is configurable to communicate at least one fine-tuning sensory signal obtained subsequent to the preliminary adjustment stage (a rough adjustment of the interior object can be user-independent, after completion of the first adjustment phase, to start the second adjustment phase only in response to an operating event triggered by a user…for example by a gesture and/or a voice command, target position to be reached by the precise adjustment can be user-specific, second adjustment phase begins…requires a further operating event by the user, such that the adjustment process is interrupted at least briefly, until the user signals that the second adjustment phase can begin, data relating to the precise adjustment can also originate from an external memory, such as a memory of a mobile device of a user getting into the vehicle - Herrmann 258 ¶4 & ¶9 & ¶10 & ¶23 & ¶25),
the fine-tuning sensory signals are associable with real-time user data (to start the second adjustment phase only in response to an operating event triggered by a user…for example by a gesture and/or a voice command - Herrmann 258 ¶9).
Claim 12 is rejected under 35 U.S.C. § 103 as being unpatentable over Herrmann 258, in view of Li, and Yuan, as per claim 11, and further in view of Smith, and Wuerstlein.
As per claim 12
Herrmann 258 does not specifically disclose the real-time user data and the threshold value being processed to derive delta data for use for secondary adjustment of the seat.
Herrmann 258 discloses secondary adjustment of the seat. However, Yuan teaches the real-time user data and the threshold value being processed to derive delta data for use for secondary adjustment of the seat (real-time detection of the vertical position and the set position threshold deviation range…the vertical displacement threshold A1 adjusts the position of the seat mechanism - Yuan Claim 7).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Yuan teaches a seat adjustment system with recorded horizontal and vertical position thresholds and position sensors.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a seat adjustment system with recorded horizontal and vertical position thresholds and position sensors, as taught by Yuan, with a reasonable expectation of success to gather real-time position information to adjust the sitting posture of the seat mechanism, see Yuan Page 2 Lines 35-36 and Page 3 Lines 4-5 for details.
Herrmann 258 does not specifically disclose wherein a portion of the real-time user data is determinable to be one of optimal.
However, Smith teaches wherein a portion of the real-time user data is determinable to be one of optimal (processing the signal produced by the relative motion sensor for controlling adjustment of the headrest to provide both optimal driver safety and optimal sensitivity of the relative motion sensor…driver's head pose as forward when the motion of the posterior portion is less than a first threshold, a steady head pose condition exists for a period of time that exceeds a second threshold, and a non-forward head pose condition exists for a period of time that exceeds a third threshold - Smith Claim 1).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Smith teaches a method and apparatus for adjusting the headrest position to optimize both the safety of the driver and the sensitivity of the relative motion sensor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a seat adjustment system with a method and apparatus for adjusting the headrest position to optimize both the safety of the driver and the sensitivity of the relative motion sensor, as taught by Smith, with a reasonable expectation of success to adjusting the headrest position to optimize both the safety of the driver and the sensitivity of the relative motion sensor, see Smith Page 1 Lines 53-55 for details.
Herrmann 258 does not specifically disclose [portion of real time user data is] non-optimal, delta data being based only on non-optimal portions of the real-time user data.
However, Wuerstlein teaches [portion of real time user data is] non-optimal,
delta data being based only on non-optimal portions of the real-time user data (minimize the risk of head injury…the head support should also be situated as close as possible to the vehicle occupant's head in the horizontal direction, a capacitive proximity sensor which is integrated into the head support…determine a dimension for the vertical and horizontal deviations of a head support position from a target position provided with regard to the position of the head of a vehicle occupant, determine the dimension for the vertical deviation of the head support position on the basis of a difference between the receive signals…and to determine the dimension for the horizontal deviation of the head support position - Wuerstlein ¶5 & ¶10 & ¶11).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Wuerstlein teaches a sensor device system for determining the deviation of the position of a head support of a motor vehicle seat from a target position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a sensor device system for determining the deviation of the position of a head support of a motor vehicle seat from a target position, as taught by Wuerstlein, with a reasonable expectation of success to provide a sensor device for a head support which is improved over the prior art, see Wuerstlein ¶9 for details.
Claims 14 and 15 are rejected under 35 U.S.C. § 103 as being unpatentable over Herrmann 258, in view of Li, and Yuan, as per claim 10, and 14, respectively, and further in view of Wuerstlein.
As per claim 14
Herrmann 258 further discloses carry out the preliminary adjustment step and the secondary adjustment step according to the processing method (a rough adjustment in a first adjustment phase, controls the adjustment movements of the vehicle seat 1…In the subsequent precise adjustment…comparatively small adjustment path and thus a comparatively short distance between the intermediate position and the desired target position is bridged in the following precise adjustment, controls the adjustment movements of the vehicle seat 1 - Herrmann 258 ¶5 & ¶22);
controlling a seat actuator to carry out the preliminary and secondary adjustment steps (control electronics can be configured to actuate the adjustment device…in the following second adjustment range, during a temporally following second adjustment phase of the adjustment process, for the precise adjustment…to start the second adjustment phase only in response to an operating event triggered by a user, An operating event for triggering a corresponding adjustment process…by means of sensors, to actuate the adjustment device 101 for a triggered adjustment process initially, in a first adjustment range and thus during a first adjustment phase- Herrmann 258 ¶9 & ¶22 & ¶23).
Herrmann 258 does not specifically disclose [a] non-transitory computer readable storage medium having data stored therein representing software executable by a computer, the software including instructions, which when executed by the computer.
However, Wuerstlein teaches [a] non-transitory computer readable storage medium having data stored therein representing software executable by a computer, the software including instructions, which when executed by the computer (actuate servomotors 3 and 5, adjusting device 2 includes an assigned motor control unit 7, which is largely formed, for example, by a microcontroller and control software implemented therein – Wuerstlein ¶22).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Wuerstlein teaches a sensor device system for determining the deviation of the position of a head support of a motor vehicle seat from a target position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a sensor device system for determining the deviation of the position of a head support of a motor vehicle seat from a target position, as taught by Wuerstlein, with a reasonable expectation of success to provide a sensor device for a head support which is improved over the prior art, see Wuerstlein ¶9 for details.
As per claim 15
Herrmann 258 further discloses wherein the suitable seat adjustment model is associable with at least one threshold value (If a user triggers an adjustment process by a specific operating event, the control electronics 100 controls the adjustment of the vehicle seat 1 proceeding from a starting position…target position. An operating event for triggering a corresponding adjustment process can include for example…the actuation of a switch or button, and/or a user entering the vehicle interior, which is detected by means of sensors - Herrmann 258 ¶22),
wherein the sensor is configurable to communicate at least one fine-tuning sensory signal obtained subsequent to the preliminary adjustment stage (a rough adjustment of the interior object can be user-independent, after completion of the first adjustment phase, to start the second adjustment phase only in response to an operating event triggered by a user…for example by a gesture and/or a voice command, target position to be reached by the precise adjustment can be user-specific, second adjustment phase begins…requires a further operating event by the user, such that the adjustment process is interrupted at least briefly, until the user signals that the second adjustment phase can begin, data relating to the precise adjustment can also originate from an external memory, such as a memory of a mobile device of a user getting into the vehicle - Herrmann 258 ¶4 & ¶9 & ¶10 & ¶23 & ¶25),
the fine-tuning sensory signals are associable with real-time user data (to start the second adjustment phase only in response to an operating event triggered by a user…for example by a gesture and/or a voice command - Herrmann 258 ¶9).
Claim 16 is rejected under 35 U.S.C. § 103 as being unpatentable over Herrmann 258, in view of Li, Yuan, and Wuerstlein, as per claim 15, and further in view of Smith.
As per claim 16
Herrmann 258 does not specifically disclose the real-time user data and the threshold value being processed to derive delta data for use for secondary adjustment of the seat.
Herrmann 258 discloses secondary adjustment of the seat. However, Yuan teaches the real-time user data and the threshold value being processed to derive delta data for use for secondary adjustment of the seat (real-time detection of the vertical position and the set position threshold deviation range…the vertical displacement threshold A1 adjusts the position of the seat mechanism - Yuan Claim 7).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Yuan teaches a seat adjustment system with recorded horizontal and vertical position thresholds and position sensors.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a seat adjustment system with recorded horizontal and vertical position thresholds and position sensors, as taught by Yuan, with a reasonable expectation of success to gather real-time position information to adjust the sitting posture of the seat mechanism, see Yuan Page 2 Lines 35-36 and Page 3 Lines 4-5 for details.
Herrmann 258 does not specifically disclose wherein a portion of the real-time user data is determinable to be one of optimal.
However, Smith teaches wherein a portion of the real-time user data is determinable to be one of optimal (processing the signal produced by the relative motion sensor for controlling adjustment of the headrest to provide both optimal driver safety and optimal sensitivity of the relative motion sensor…driver's head pose as forward when the motion of the posterior portion is less than a first threshold, a steady head pose condition exists for a period of time that exceeds a second threshold, and a non-forward head pose condition exists for a period of time that exceeds a third threshold - Smith Claim 1).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Smith teaches a method and apparatus for adjusting the headrest position to optimize both the safety of the driver and the sensitivity of the relative motion sensor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a seat adjustment system with a method and apparatus for adjusting the headrest position to optimize both the safety of the driver and the sensitivity of the relative motion sensor, as taught by Smith, with a reasonable expectation of success to adjusting the headrest position to optimize both the safety of the driver and the sensitivity of the relative motion sensor, see Smith Page 1 Lines 53-55 for details.
Herrmann 258 does not specifically disclose [portion of real time user data is] non-optimal, delta data being based only on non-optimal portions of the real-time user data.
However, Wuerstlein teaches [portion of real time user data is] non-optimal,
delta data being based only on non-optimal portions of the real-time user data (minimize the risk of head injury…the head support should also be situated as close as possible to the vehicle occupant's head in the horizontal direction, a capacitive proximity sensor which is integrated into the head support…determine a dimension for the vertical and horizontal deviations of a head support position from a target position provided with regard to the position of the head of a vehicle occupant, determine the dimension for the vertical deviation of the head support position on the basis of a difference between the receive signals…and to determine the dimension for the horizontal deviation of the head support position - Wuerstlein ¶5 & ¶10 & ¶11).
Herrmann 258 discloses an adjustment system for adjusting an interior object in a vehicle interior. Wuerstlein teaches a sensor device system for determining the deviation of the position of a head support of a motor vehicle seat from a target position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Herrmann 258, an adjustment system for adjusting an interior object in a vehicle interior, with a sensor device system for determining the deviation of the position of a head support of a motor vehicle seat from a target position, as taught by Wuerstlein, with a reasonable expectation of success to provide a sensor device for a head support which is improved over the prior art, see Wuerstlein ¶9 for details.
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.
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/F.A.S./Examiner, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
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