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 amendments filed on May 12, 2026. Claims 1, 6-7, and 12 are currently pending, with Claims 1 and 7 being amended, and Claims 2-5 and 8-11 being cancelled.
Response to Amendments
In response to Applicant’s amendments, filed May 12, 2026, the Examiner withdraws the previous 35 U.S.C. 103 rejections.
Response to Arguments
Applicant’s arguments, filed May 12, 2026, with respect to the rejections of Claim 1-12 under Ozawa have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection of Claims 1, 6-7, and 12 is made in view of Herrmann, in view of Shunzo.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 6-7, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over German Patent Publication No. 102021111367 A1, to Herrmann, et al (hereinafter referred to as Herrmann; newly of record), in view of Japanese Patent No. H03243432 A, to Shunzo, et al (hereinafter referred to as Shunzo; newly of record).
As per Claim 1, Herrmann discloses the features of a seat device for a vehicle (e.g. Paragraphs [0021]; where the adjusting part can be a vehicle seat or component of a vehicle seat), comprising:
an electric device for moving a seat of the vehicle (e.g. Paragraphs [0021], [0029]; where the adjusting part can be a vehicle seat or component of a vehicle seat); and
a hardware processor (e.g. Paragraph [0022]; where a computer program product for an adjustment system of a vehicle includes at least one processor, that contains instructions, that, upon execution of the instructions cause the processor to execute the method) configured to:
detect an obstacle being pinched by detecting a load change of the electric device when the seat is moved (e.g. Paragraphs [0007], [0013]; where a potential obstacle is detected for a minimum duration that exceeds a trigger threshold);
classify the obstacle in a moving direction of the seat into at least one of a child, an adult, and an object (e.g. Paragraphs [0012]-[0014]; where an adjustment situation of the vehicle component can be determined by obstacle classification, which can determine different obstacle classes and different adjustment situations; and it can be checked whether the obstacle is an object or a body part of a person, and to distinguish if the body part belongs to an adult or a child); and
control the electric device according to a classification of the obstacle (e.g. Paragraphs [0015], [0017], [0021]-[0023]; where the trigger threshold depends on the obstacle class the potential obstacle is assigned, and an adjustment situation can be determined by a direction of movement of the potential obstacle relative to the adjustment part; and when a body part is assessed as a potential obstacle, the system brakes, stops, and/or reverses movement of the adjusting part), wherein the hardware processor is configured to:
stop the electric device in response to the obstacle being classified as the child (e.g. Paragraphs [0014]-[0015], [0021]-[0023]; where a body part is assessed as a potential obstacle, the system brakes, stops, and/or reverses movement of the adjusting part; and the system can distinguish whether the body part belongs to an adult or child, and implement a variable trigger threshold based on the obstacle class of the detected object); and
make the seat perform a reversal movement via the electric device in response to the obstacle being classified as the adult or the object (e.g. Paragraphs [0015], [0017], [0021]-[0023]; where the trigger threshold depends on the obstacle class the potential obstacle is assigned, and an adjustment situation can be determined by a direction of movement of the potential obstacle relative to the adjustment part; and when a body part is assessed as a potential obstacle, the system brakes, stops, and/or reverses movement of the adjusting part), wherein
a reversal movement amount for the adult and a reversal movement amount for the object are different (e.g. Paragraphs [0014]-[0015], [0021]-[0023]; where a body part is assessed as a potential obstacle, the system brakes, stops, and/or reverses movement of the adjusting part; and the system can distinguish whether the body part belongs to an adult or child, and implement a variable trigger threshold based on the obstacle class of the detected object).
Shunzo more explicitly teaches the features of stop the electric device in response to the obstacle being classified as the child.
Shunzo, in a similar field of endeavor, teaches a power seat for an automobile, where if the seat being moved by the drive motor should accidentally pinch a rear seat passenger or child, the system detects an overcurrent due to overload active on the drive motor, and stops its operation (e.g. Page 8, Paragraph beginning with “By the way, as described above …”).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for adjusting a component of a vehicle in the system of Herrmann, with the feature of stopping the seat when a person or child is detected in the system of Shunzo, in order to improve the safety of rear seat occupants (see at least Page 8, Paragraph beginning with “Although the load is different …”).
As per Claim 6, Herrmann, in view of Shunzo, teaches the features of Claim 1, and Herrmann further discloses the features of wherein, the seat of the vehicle further comprises a seat cushion part and a seat back part (e.g. Figures 1A-C; where the seat has a cushion and a back rest).
As per Claim 7, Herrmann, discloses the features of control method of a seat device for a vehicle (e.g. Paragraphs [0021]; where the adjusting part can be a vehicle seat or component of a vehicle seat), wherein
the seat device has an electric device for moving a seat of the vehicle (e.g. Paragraphs [0021], [0029]; where the adjusting part can be a vehicle seat or component of a vehicle seat), the method comprising:
detecting an obstacle being pinched by detecting a load change of the electric device when the seat is moved (e.g. Paragraphs [0007], [0013]; where a potential obstacle is detected for a minimum duration that exceeds a trigger threshold);
classifying the obstacle in a moving direction of the seat into at least one of a child, an adult, and an object (e.g. Paragraphs [0012]-[0014]; where an adjustment situation of the vehicle component can be determined by obstacle classification, which can determine different obstacle classes and different adjustment situations; and it can be checked whether the obstacle is an object or a body part of a person, and to distinguish if the body part belongs to an adult or a child); and
controlling the electric device according to a classification of the obstacle (e.g. Paragraphs [0015], [0017], [0021]-[0023]; where the trigger threshold depends on the obstacle class the potential obstacle is assigned, and an adjustment situation can be determined by a direction of movement of the potential obstacle relative to the adjustment part; and when a body part is assessed as a potential obstacle, the system brakes, stops, and/or reverses movement of the adjusting part), comprising:
stopping the electric device in response to the obstacle being classified as the child (e.g. Paragraphs [0014]-[0015], [0021]-[0023]; where a body part is assessed as a potential obstacle, the system brakes, stops, and/or reverses movement of the adjusting part; and the system can distinguish whether the body part belongs to an adult or child, and implement a variable trigger threshold based on the obstacle class of the detected object); and
making the seat perform a reversal movement via the electric device in response to the obstacle being classified as the adult or the object (e.g. Paragraphs [0015], [0017], [0021]-[0023]; where the trigger threshold depends on the obstacle class the potential obstacle is assigned, and an adjustment situation can be determined by a direction of movement of the potential obstacle relative to the adjustment part; and when a body part is assessed as a potential obstacle, the system brakes, stops, and/or reverses movement of the adjusting part), wherein
a reversal movement amount for the adult and a reversal movement amount for the object are different (e.g. Paragraphs [0014]-[0015], [0021]-[0023]; where a body part is assessed as a potential obstacle, the system brakes, stops, and/or reverses movement of the adjusting part; and the system can distinguish whether the body part belongs to an adult or child, and implement a variable trigger threshold based on the obstacle class of the detected object).
Shunzo more explicitly teaches the features of stopping the electric device in response to the obstacle being classified as the child.
Shunzo, in a similar field of endeavor, teaches a power seat for an automobile, where if the seat being moved by the drive motor should accidentally pinch a rear seat passenger or child, the system detects an overcurrent due to overload active on the drive motor, and stops its operation (e.g. Page 8, Paragraph beginning with “By the way, as described above …”).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for adjusting a component of a vehicle in the system of Herrmann, with the feature of stopping the seat when a person or child is detected in the system of Shunzo, in order to improve the safety of rear seat occupants (see at least Page 8, Paragraph beginning with “Although the load is different …”).
As per Claim 12, Herrmann, in view of Shunzo, teaches the features of Claim 7, and Herrmann further discloses the features of wherein, the seat of the vehicle further comprises a seat cushion part and a seat back part (e.g. Figures 1A-C; where the seat has a cushion and a back rest).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Deuel, et al (WO 2008024306 A1), which teaches an object detection method for controlling a vehicle seat when an object is detected.
Ding, et al (CN 117048439 A), which determines if a vehicle seat is being pressed/ pinched, the seat is controlled to move in reverse when the pinching is for a child seat.
Pedronno, et al (U.S. 2022/0258652 A1), which teaches a method for adjusting a vehicle seat, and stopping operation when contact between seats of obstacles is detected.
Tabata (JP 2006117046 A), which teaches a method for determining the presence of an adult or child, and controlling the vehicle based on the detection of the person.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERRITT LEVY whose telephone number is (571)270-5595. The examiner can normally be reached Mon-Fri 0630-1600.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached at (571) 272-9855. 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.
/MERRITT LEVY/Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663
Prosecution Insights