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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Korea on September 14, 2023. It is noted, however, that applicant has not filed a certified copy of the foreign application as required by 37 CFR 1.55.
Drawings
The drawings filed August 13, 2024 are approved.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation “an exit assist function comprising: upon receiving an exit assist operation signal, receiving weight data of an occupant from a weight sensor” in lines 1-3. Applicant has provided no structure to support (i.e. to provide or receive) the “receiving an exit assist operation signal”, or to support “receiving weight data”. An exit assist function is not structural matter, and therefore is not capable of transmitting or “receiving”. Such renders the metes and bounds of the claim as unascertainable. It is also unclear what is intended to be defined by “an exit assist function comprising”. It this intended to represent a process or a product. Clarification in the claim language is required.
Claims 7-10 are indefinite as each depends from indefinite claim 6.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for a “controller is configured to: upon receiving the exit assist operation signal, receive weight data of the occupant from the weight sensor” (see claim 1), does not reasonably provide enablement for “an exit assist function comprising: upon receiving an exit assist operation signal, receiving weight data of an occupant from a weight sensor” (see claim 6). The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make the invention commensurate in scope with these claims.
Claims 7-10 are non-enabling as each depends from non-enabling claim 6.
Allowable Subject Matter
Claims 1-5 are allowed.
Conclusion
Although claims 6-10 have not been rejected in view of the prior art, the claims are not considered allowable in view of rejections under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first and second paragraphs.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Occupant assist vehicle seating is shown by each of Bailey (US20070284905), Yamauchi et al (US20190359091), Koester et al (US5474353), Maeshiro et al (US9463121), JP2010195356A, and JP2003212011A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MILTON NELSON JR whose telephone number is (571)272-6861. The examiner can normally be reached M-F 5:30am-1:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
mn /MILTON NELSON JR/June 5, 2026 Primary Examiner, Art Unit 3636
Prosecution Insights