DETAILED ACTION
America Invents Act
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for domestic priority under 35 USC §120 is acknowledged, and Receipt is acknowledged of papers submitted under 35 USC §119(a)-(d), which papers have been placed of record in the Parent file:
This application, filed 24-October-2024, is a continuation of application 17/604,459 (Parent), filed 18-October-2021, subsequently issued as US 12,151,593.
Application 17/604,459 is a national stage entry of WIPO/PCT application PCT/JP2020/015548, filed 6-April-2020.
This application, and Parent application also claim priority from Japanese applications JP2019-079901, JP2019-079991, JP2019-079990, and JP2019-079902, all filed 19-April-2019.
This application will, therefore, be accorded a prima facie effective filing date of 19-April-2019.
Information Disclosure Statement
The following information disclosure statements been considered by the Examiner and made of record in the application file:
IDS#1, filed 25-October-2024 (44 references).
IDS#2, filed 3-November-2025 (7 references).
Double Patenting
Claims 1 and 7 are rejected for non-statutory double patenting:
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Current Application
US 12,151,593 B2 (Parent)
Claim 1: A seat system comprising:
a seat main body;
at least one first sensor provided inside the seat main body;
at least one second sensor that can be reached by a user seated on the scat main body and is provided external of the seat main body; and
an application execution device provided with a display unit,
wherein the first sensor and the second sensor constitute an application controller for the application execution device.
Claim 1: A seat system comprising:
a seat main body;
at least one sensor provided in the seat main body;
a control device configured to process a signal from the sensor;
a first user interface and a second user interface each configured to communicate with the control device and to notify information based on a signal from the control device; and
a camera configured to capture an image of a seated person who is seated on the seat main body;
wherein the control device includes an application processing unit configured to execute an application based on a signal from the sensor and a viewing image creation unit,
wherein the application processing unit generates an application screen, causes the second user interface to display the application screen, executes application processes based on signals from the sensor, and changes the application screen displayed on the second user interface,
wherein the viewing image creation unit creates a viewing image based on both image information from the camera and the application screen,
wherein the control device transmits the viewing image to the first user interface, and
wherein the first user interface displays the viewing image including both the image of the seated person and the application screen,
wherein the sensor detects a motion of a body of a user seated on the seat main body, and
wherein the application processing unit moves a character in the application screen based on the signal of the sensor.
Claim 2: The seat system according to claim 1, wherein the seat system is installed in vehicle having a door, and at least one of the second sensors is provided on a door trim of the door.
Claim 2: The seat system according to claim 1, wherein the camera is provided on an upper portion of a seat back or a headrest.
Claim 3: The seat system according to claim 1, wherein at least one of the second sensors is provided on one of a roof, a floor, a pillar, and an instrument panel.
Claim 3: The seat system according to claim 1, wherein the control device constitutes a mobile terminal and performs wireless communication with the sensor, and the mobile terminal includes the second user interface for displaying the image.
Claim 4: The seat system according to claim 1, wherein
the seat main body includes a front-side seat main body and a rear-side seat main body disposed behind the front-side seat main body,
each of the front-side seat main body and the rear-side seat main body includes a seat cushion forming a seating surface and a seat back connected to a rear portion of the seat cushion,
the first sensor is provided in the rear-side seat main body, and
at least one of the second sensors is provided on a rear surface of the front-side seat back of the seat main body.
Claim 4: The seat system according to claim 3, wherein the first user interface is configured to receive input from a user, and the control device is configured to perform output to the second user interface based on input from the first user interface.
Claim 5: The seat system according to claim 1, wherein the application execution device performs a selection process to select, from among the first sensor and the second sensor, at least one operation input sensor for performing operation input, and thereafter executes an execution process to execute an application based on a signal from the selected operation input sensor.
Claim 5: The seat system according to claim 1, wherein the control device is configured to communicate with the first user interface via the internet.
Claim 6: The seat system according to claim 1, wherein the application execution device performs a selection process to making the user select at least one operation input sensor from among the first sensor and the second sensor, and thereafter executes an execution process to execute an application based on a signal from the selected operation input sensor.
Claim 6: The seat system according to claim 1, wherein the seat system is a seat system for a vehicle.
Claim 7: The seat system according to claim 1, wherein the application execution device executes an application based on at least two sensors of the first sensor and the second sensor.
Claim 7: The seat system according to claim 1, wherein the application processing unit executes game processes as the application processes.
Claims 1 and 7 are rejected on the ground of non-statutory double patenting as unpatentable over claims 1-7 of Kaku (United States Patent # US 12,151,593 B2), hereinafter Parent.
Although the claims at issue are not identical, they are not patentably distinct from each other because:
Consider independent claim 1: Parent, claim 1 recites or suggests each limitation of independent claim 1.
Consider claim 7 and as applied to claim 1: The additional limitations of this claim are taught by Parent claim 1.
Claim Rejections - 35 USC §102
The following is a quotation of the appropriate paragraphs of 35 USC §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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 5 and 6 are rejected under 35 USC §102(a)(2) as anticipated by Shaw (United States Patent Application Publication # US 2017/0054949 A1).
Consider claim 1: A seat system Shaw discloses an in-vehicle camera system comprising a plurality of seats (16, 18) [Title; Abstract; Fig. 1-3; Para. 0002, 0008, 0013-0014], comprising:
a seat main body; wherein seats (16, 18) have a head-rest (17) and seat base (19) (main body) [Fig. 1; Para. 0015];
at least one first sensor provided inside the seat main body; the seat base includes a weight sensor (56) (first sensor) [Fig. 1; Para. 0015];
at least one second sensor that can be reached by a user seated on the seat main body and is provided external of the seat main body; a control interface (28) on a steering wheel (23), and/or a user interface (24) on the vehicle dashboard (22) and configured to receive input from the driver [Fig. 1; Para. 0015, 0021-0022]; and
an application execution device provided with a display unit, a camera system (11), comprising a controller (100) and communicating with a display (53) and a HUD display (25) to provide vehicle and/or entertainment information to a driver [Fig. 1-2; Para. 0015, 0024-0028];
wherein the first sensor and the second sensor constitute an application controller for the application execution device; wherein operation of the camera system may be managed based in inputs from one or more of the seat sensors and selections of the control interface (first and second sensor inputs) [Para. 0021, 0026].
Consider claim 3 and as applied to claim 1: The seat system according to claim 1, wherein at least one of the second sensors is provided on one of a roof, a floor, a pillar, and an instrument panel. Shaw discloses a user interface (24) which may accept user inputs (second sensor), mounted on the vehicle dashboard (instrument panel) [Fig. 1; Para. 0015, 0022].
Consider claim 5 and as applied to claim 1: The seat system according to claim 1, wherein the application execution device performs a selection process to select, from among the first sensor and the second sensor, at least one operation input sensor for performing operation input, and thereafter executes an execution process to execute an application based on a signal from the selected operation input sensor. Shaw discloses an embodiment in which a control interface (28) button selects a mode in which a camera video is selected for display on the one or more displays (53) (execution process) based on an occupied seat, as determined by a seat sensor (first sensor) [Fig. 1; Para. 0021, 0026].
Consider claim 6 and as applied to claim 1: The seat system according to claim 1, wherein the application execution device performs a selection process to making the user select at least one operation input sensor from among the first sensor and the second sensor, and thereafter executes an execution process to execute an application based on a signal from the selected operation input sensor. Shaw discloses an embodiment in which a control interface (28) button selects a mode in which a camera video is selected for display on the one or more displays (53) (execution process) based on manual selection of the driver using buttons on the control interface (second sensor) [Fig. 1; Para. 0021, 0026].
Claim Rejections - 35 USC §103
The following is a quotation of 35 USC §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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 USC §102 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 USC §102(b)(2)(C) for any potential 35 USC §102(a)(2) prior art against the later invention.
Claim 2 is rejected under 35 USC §103 as unpatentable over Shaw (United States Patent Application Publication # US 2017/0054949 A1) in view of Lange-Mao et al. (United States Patent Application Publication # US 2014/0319895 A1), hereinafter Lange-Mao.
Consider claim 2 and as applied to claim 1: The seat system according to claim 1, wherein the seat system is installed in vehicle having a door, and at least one of the second sensors is provided on a door trim of the door.
Shaw discloses that a sensor, in particular a camera, may be mounted on a dashboard, windshield, steering wheel or pillar of the vehicle [Para. 0018] and also detection of a door opening [Para. 0041] but does not specifically disclose a sensor mounted on a door trim. This is known in analogous prior art, however, and for example:
Lange-Mao discloses a device and method for adjusting a seat position comprising a plurality of sensors (5.1-5.n), and which may include pressure sensors mounted in a seat, a camera, and particularly that sensors may be mounted on a vehicle pillar or door trim [Title; Abstract; Fig. 1; Para. 0044-0053.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, to mount a camera, door or other sensor on a door trim of a vehicle, as taught by Lange-Mao and applied to a seat and camera system as taught by Shaw, where such door trim location may provide a good line of sight for a camera, or for a sensor to detect door opening.
Claim 4 is rejected under 35 USC §103 as unpatentable over Shaw (United States Patent Application Publication # US 2017/0054949 A1) in view of Hiramatsu et al. (United States Patent Application Publication # US 2009/0146912 A1), hereinafter Hiramatsu.
Consider claim 4 and as applied to claim 1: The seat system according to claim 1, wherein
the seat main body includes a front-side seat main body and a rear-side seat main body disposed behind the front-side seat main body, Shaw discloses an exemplary vehicle with 4 seats (two front (16) and two rear (18)) each of which may comprise a pressure sensor (56) [Fig. 1; Para. 0014-0015, 0020];
each of the front-side seat main body and the rear-side seat main body includes a seat cushion forming a seating surface and a seat back connected to a rear portion of the seat cushion, wherein each seat has a base portion (19), a back portion, and a headrest (17) [Fig. 1; Para. 0014-0015, 0020];
the first sensor is provided in the rear-side seat main body, wherein each seat base (including rear seats) is outfitted with a pressure/weight (first) sensor [Fig. 1; Para. 0014-0015, 0020]; and
at least one of the second sensors is provided on a rear surface of the front-side seat back of the seat main body; Shaw also discloses a display (53) on a back portion of each front seat, which may be used to show images captures from cameras in the vehicle and/or media content such as movies or television shows [Fig. 1; Para. 0026];
Shaw does not, however, specifically disclose second sensors positioned on the display or rear side of the front seats. This was known in analogous prior art, and for example:
Hiramatsu discloses a display control device for controlling operation of both front seat and rear seat displays in a vehicle, and particularly that both the front seat and rear seat displays are equipped with user controls such as buttons (second sensors) [Title; Abstract; Fig. 1-4, 6; Para. 0002, 0009-0010, 0036].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, for rear panel displays to have operation controls (second sensors) as taught by Hiramatsu, and applied to rear seat displays mounted on the rear side of front seats as taught by Shaw, in order that rear seat passengers have control over content for their respective displays.
Claim 7 is rejected under 35 USC §103 as unpatentable over Shaw (United States Patent Application Publication # US 2017/0054949 A1).
Consider claim 7 and as applied to claim 1: The seat system according to claim 1, wherein the application execution device executes an application based on at least two sensors of the first sensor and the second sensor. .
Shaw discloses an embodiment in which a control interface (28) button selects a mode in which a camera video is selected for display on the one or more displays (53) (execution process) based on manual selection of the driver using buttons on the control interface (second sensor). Shaw also discloses that a display may be operatively connected to a seat sensor (first sensor such that a display is only enabled if its corresponding seat is occupied [Fig. 1; Para. 0021, 0026].
Shaw does not specifically disclose that these embodiments work together such that a driver must both be seated and select a particular camera for display on the control interface for a camera image to be displayed, but this would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, in order that the driver display show images for a particular seat of interest, and that the not operate when the driver is not present to observe.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Kentley-Klay (U.S. Patent # US 1,0457,179 B1) disclosing Immersive vehicle seats.
Fan et al. (U.S. Patent Application Publication # US 2017/0147108 A1) disclosing a touch control vehicle seat and vehicle mounted entertainment system.
Couleaud et al. (U.S. Patent Application Publication # US 20160/316237 A1) disclosing facial analysis for vehicle entertainment system metrics.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on Monday and Friday at 11:00 AM to 8:00 PM EST/EDT.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached at (571)272-3114. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/STEPHEN R BURGDORF/ Examiner, Art Unit 2685