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 .
Claims 1-10 are pending.
Applicant’s election without traverse of Species I in the reply filed on 3/25/26 is acknowledged. Claims 7-9 have been withdrawn as they are drawn to non-elected Species II- IV, respectively.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 2, 4-6 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated Herzog et al. (DE 102015014791) (“Herzog”). Herzog discloses a vehicle seat (fig. 1: 1), in particular for commercial vehicles, comprising a seat part (fig. 1: 1.1) and a backrest (fig. 1: 1.2) wherein the vehicle seat has an apparatus for detecting seat occupancy, which comprises at least one first detection device (fig. 1: 2), and at least one second detection device (fig. 1: 3), wherein the at least one first detection device is suitable and intended for detecting an occupancy of the seat part, wherein the at least one second detection device is suitable and intended for detecting an occupancy of the backrest (as shown by their respective locations in the figures).
As concerns claim 2, Herzog discloses wherein the apparatus for detecting seat occupancy outputs a seat occupancy state, wherein the seat occupancy state is only output as not occupied if non-occupancy is detected by the at least one first detection device and by the at least one second detection device in each case (at least paragraphs 0016-0021: the sensors provide a pressure distribution when occupied to determine an occupant’s posture and as such the seat pressure distribution is only indicated as non-occupied when no pressure is applied to any of the sensors).
As concerns claim 4, Herzog discloses wherein the at least one first detection device is arranged in or on the seat part (fig. 1: 2), wherein the at least one second detection device is arranged in or on the backrest (fig. 1: 3).
As concerns claim 5, Herzog discloses wherein the at least one first detection device comprises at least one first sensor which is suitable and intended for detecting an occupancy of the seat part, wherein the first sensor is selected from the group of a mechanical sensor, a pressure sensor (the sensors S are pressure sensors), a capacitive sensor, an inductive sensor, an optical sensor, an air-flow sensor, a temperature sensor, an ultrasonic distance sensor an electromagnetic sensor, wherein the at least one first sensor is arranged on a first mat element (fig. 1: 2 is a mat).
As concerns claim 6, Herzog discloses wherein the at least one second detection device comprises at least one second sensor which is suitable and intended to detect an occupancy of the backrest, wherein the second sensor is selected from the group: a mechanical sensor, a pressure sensor (the sensors S are pressure sensors), a capacitive sensor, an inductive sensor, an optical sensor, an air-flow sensor, a temperature sensor, an ultrasonic distance sensor, an electromagnetic sensor, wherein the at least one second sensor is arranged on a second mat element (fig. 1: 3 is a mat).
As concerns claim 10, Herzog discloses a vehicle seat (fig. 1).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herzog in view of Kawahira et al. (US 8013264) (“Kawahira”). Herzog teaches use of a plurality of individual sensors for seat occupancy (paragraph 0019) wherein the at least one first detection device outputs a first signal when occupied, wherein the at least one second detection device outputs a second signal when occupied (paragraphs 0016-0019), but does not teach wherein the at least one first detection device and the at least one second detection device are connected in parallel in terms of signalling technology or are linked by means of a logical OR operation. However, Kawahira teaches a seat occupancy detection device (fig. 7: 1) for a seat wherein first and second detection devices (fig. 7: 31A, 31C) are connected in parallel in terms of signalling technology or are linked by means of a logical OR operation (as stated in claims 3 and 4). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to apply the seat occupancy detection device and first and second detectors of Kawahira to a seat and backrest, respectively, as taught by Herzog, in order to provide the desired occupancy detection in both pressure receiving seat elements.
Conclusion
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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636