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 .
This is the first Office Action for the serial number 18/993,398, SEAT ASSEMBLY FOR VEHICLE, filed on 9/12/24.
Election/Restrictions
Applicant’s election without traverse of species II (figures 4-D) in the reply filed on 7/17/26 is acknowledged.
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.
Claim 19 is 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 19, line 4, “a beam support supported at a base end and a front end” should be changed to ---a beam support supported at the base end and the front end--- for clarification.
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.
Claims 1-2, 4-9, 11-12, 14-15, 17-18 and 20 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent Application Publication # 2009/0039690 to Simon et al.
Simon et al. teaches a seat assembly comprising a base (22, 26) comprising a frame (30, 52) and a support (50, 52, 54, 64-65) coupled to the frame comprising a spring element (86), a cushion (34) and a pad (84) on the support and movable relative to the base. Wherein the support is configured to movement between an extended position and a retracted position. Wherein the cushion and the pad are configured to provide a deformable support surface (72). The pad is configured to be supported by the spring element of the support and wherein the pad is configured to be extended from the base when the support is in the extended position. Wherein the pad is configured to be retracted toward the base when the support is in the retracted position. Wherein the support is configured to increase a seating surface area in movement from the retracted position to extended position. The support is configured to increase a seating surface area in movement from the retracted position to the extended position, wherein the deformable support surface is configured to provide a variable pressure distribution by variation of the seating surface area. The support comprises a fulcrum (52) is configured to shift as the support moves between the extended position and the retracted position. The deformable support surface comprises a reactive surface configured to support the occupant, wherein the support is configured to communicate a reactive force through the pad. The support is configured to provide a reactive surface configured to deflect to provide a reactive force with varying contact pressure to support the occupant, wherein the reactive surface is provided by the spring element and the cushion and the pad. The cushion is configured to provide shape control for the reactive surface. The reactive surface is in the extended shape when the pad is in an extended position. Wherein the reactive surface is in the retracted shape when the pad is in a retracted position. Wherein the retracted surface is moved toward the retracted shape when the support is moved toward the retracted position by movement of the spring element. The pad is configured to move relative to the cushion as the support moves between the retracted position and the extended position. Wherein the spring element comprises a spring member. The spring element comprises a feature, wherein the feature comprises a stiffener. The seat assembly comprising a cushion assembly comprising the cushion and the pad. Wherein the support is configured to support the cushion assembly, wherein the spring element is within the cushion assembly and wherein the frame comprises a cushion frame (28) configured to support the cushion assembly. The pad is at least partially coupled onto the spring element. Wherein a shape of the spring element comprises a partially curved shape, further comprising a mechanism (end of the spring connected to the hole of element 50) configured to alter the partially curved shape of the spring element between a partially extended shape and a partially retracted shape. The support comprises a spring (40) comprising a first end coupled to a top side of the cushion frame and a second end coupled to a bottom side of cushion frame. The seat assembly comprises a mechanism (62) configured to adjust the support wherein the mechanism is a motor.
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 13 is rejected under 35 U.S.C. 103 as being unpatentable over Simon et al. in view of US Patent Application Publication # 2021/0070203 to Seibold.
Simon et al. teaches the spring element but fails to teach the spring element is a metal element. Seibold teaches the spring element (6.1) being the metal element (section 0047). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Simon et al.’s spring element with metal element as taught by Seibold to “allows a deformable high extension that is capable of tilting and shifting with respect to the thigh support and/or a seat support” (section 0047 in Seibold’s invention).
Allowable Subject Matter
Claims 3, 10, 16 and 19 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 an examiner’s statement of reasons for allowance: Regarding claim 3, the prior arts fail to teach all of the limitations from independent claim 1 and dependent 3 especially with “wherein the spring element is configured to be wound to move the support toward the retracted position”. Regarding claim 10, the prior arts fail to teach all of the limitation from independent claim 1 and dependent 3 especially with “wherein the spring element comprises a flexible panel.” Regarding to claim 16, the prior arts fail to teach all of the limitations from independent claim 1 and dependent claim 16 especially with “wherein the default shape comprises a partially unwound shape.” Regarding claim 19, the prior arts fail to teach all of the limitation from independent claim 1 and dependent claim 19 especially with “a beam support supported at a base end and a front end.”
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US Patent # 4,334,709 to Akiyama et al.
US Patent Application Publication # 2021/0114496 to Tait
US Patent Application Publication # 2010/0109401 to Booth et al.
US Patent Application Publication # 2010/0060058 to Becker et al.
US Patent Application Publication # 2008/0157578 to Snyder
US Patent Application Publication # 2008/0191531 to Hoffmann
The cited references teach the vehicle seat having an adjustable thigh support.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED J WUJCIAK whose telephone number is (571)272-6827. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALFRED J. WUJCIAK III
Primary Examiner
Art Unit 3632
/ALFRED J WUJCIAK/Primary Examiner, Art Unit 3636 9/16/26
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