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 .
Claim Objections
Claims 4 and 6 are objected to because of the following informalities:
In claim 4, lines 6-7, “the reinforcing portion is in vicinity of a position” seems to be directed to state --the reinforcing portion is in a vicinity of a position--.
In claim 6, lines 5-6, “the reinforcing portion is in vicinity of a position” seems to be directed to state --the reinforcing portion is in a vicinity of a position--.
Appropriate correction is required.
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 1-9, 11, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Serber US 20060055214 A1.
Regarding claim 1, Serber discloses a seat assembly (Serber 21; Serber Fig. 1) attached to a vehicle body frame (Serber paragraphs 0143-0144), comprising:
a seat cushion (Serber 48);
a support (Serber 26) supporting the seat cushion (Serber paragraph 0067) and attached to the vehicle body frame so as to move in a front-rear direction (Serber 124; Serber Fig. 6) (Serber paragraphs 0095 and 0097); and
a seatbelt (Serber 53) including a side belt (Serber 53a) (Serber Fig. 7),
wherein the side belt is attached to the support (Serber Fig. 6; Serber paragraph 0097).
Regarding claim 2, Serber discloses the seat assembly of claim 1, wherein
the support includes a seating frame (Serber paragraph 0067), and
the side belt is attached to the seating frame (Serber Fig. 1).
Regarding claim 3, Serber discloses the seat assembly of claim 2, wherein
the seating frame includes a seating frame body (Serber 24) and a reinforcing portion (Serber 26; Serber Fig. 4; Serber paragraph 0086) reinforcing the seating frame body (Serber paragraph 0067) (Serber Fig. 1),
the side belt includes a belt portion and an attachment portion (Serber 74) connected to an end portion of the belt portion (see annotated Serber Fig. 6), and
the attachment portion is attached to the reinforcing portion (Serber paragraphs 0097-0098).
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Regarding claim 4, Serber discloses the seat assembly of claim 3, further comprising:
a rail (Serber 40; Serber Fig. 1) fixed to the vehicle body frame (Serber paragraph 0068); and
a guide (Serber 140) attached to the rail so as to move in the front-rear direction (Serber paragraph 0068),
wherein the seating frame is joined to the guide (Figs. 4 and 9A), and the attachment portion is joined to the reinforcing portion (Serber paragraphs 0097-0098), and
a position at which the attachment portion is joined to the reinforcing portion is in [a] vicinity of a position at which the seating frame is joined to the guide (see annotated Serber Fig. 6 above).
Regarding claim 5, Serber discloses the seat assembly of claim 3, further comprising:
a rail (Serber 40; Serber Fig. 1) fixed to the vehicle body frame (Serber paragraph 0068); and
a guide (Serber 140) attached to the rail so as to move in the front-rear direction (Serber paragraph 0068),
wherein the seating frame is joined to the guide (Serber Figs. 4 and 9A), and the attachment portion is joined to the reinforcing portion (Serber paragraphs 0097-0098), and
a position at which the attachment portion is joined to the reinforcing portion and a position at which the seating frame is joined to the guide are in rear of a center position of a seat frame of the seating frame body in the front-rear direction (see annotated Serber Fig. 9A) (Serber paragraph 0098).
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Regarding claim 6, Serber discloses the seat assembly of claim 3, wherein
the seating frame body includes a seat frame (Serber paragraph 0067) and a cross member (Serber 34) joined to an inside of the seat frame and extending in a width direction (Serber Fig. 4; Serber paragraph 0070),
the attachment portion is joined to the reinforcing portion (Serber paragraphs 0097-0098), and
a position at which the attachment portion is joined to the reinforcing portion is in [a] vicinity of a position at which the cross member is joined to the seat frame (see annotated Serber Figs. 4 and 6).
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Regarding claim 7, Serber discloses the seat assembly of claim 3, wherein
the seating frame body includes a seat frame (Serber paragraph 0067) and a cross member (Serber 34) joined to an inside of the seat frame and extending in a width direction (Serber Fig. 4; Serber paragraph 0070),
the attachment portion is joined to the reinforcing portion (Serber paragraphs 0097-0098), and
a position at which the attachment portion is joined to the reinforcing portion and a position at which the cross member is joined to the seat frame are in rear of a center position of the seat frame in the front-rear direction (see annotated Serber Figs. 4 and 6 above) (Serber paragraph 0098).
Regarding claim 8, Serber discloses the seat assembly of claim 3, further comprising:
a rail (Serber 40; Serber Fig. 1) fixed to the vehicle body frame (Serber paragraph 0068); and
a guide (Serber 140) attached to the rail so as to move in the front-rear direction (Serber paragraph 0068),
wherein the seating frame is joined to the guide (Serber Figs. 4 and 9A), and the attachment portion is joined to the reinforcing portion (Serber paragraphs 0097-0098),
the seating frame body includes a seat frame (Serber paragraph 0067) and a cross member (Serber 34) joined to an inside of the seat frame and extending in a width direction (Serber Fig. 4; Serber paragraph 0070), and
a position at which the attachment portion is joined to the reinforcing portion, a position at which the seating frame is joined to the guide, and a position at which the cross member is joined to the seat frame are in rear of a center position of the seat frame in the front-rear direction (see annotated Serber Figs. 4, 6, and 9A) (Serber paragraph 0068).
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Regarding claim 9, Serber discloses the seat assembly of claim 3, wherein the
seating frame body includes a seat frame (Serber paragraph 0067) and a back frame (Serber 32) attached to the seat frame (Serber Fig. 1), and
the reinforcing portion is joined to the seat frame and the back frame (Serber Fig. 1; Serber paragraph 0086).
Regarding claim 11, Serber discloses the seat assembly of claim 3, wherein
at least part of the attachment portion (Serber 74) is located outside a frame of the seating frame body (Serber 24) (see annotated Serber Fig. 1; Serber paragraph 0097).
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Regarding claim 15, Serber discloses an off-road vehicle (Serber paragraphs 0126 and 0144) comprising:
a vehicle body frame (Serber paragraphs 0143-0144); and
a seat assembly (Serber 21; Serber Fig. 1) attached to the vehicle body frame (Serber paragraphs 0143-0144),
wherein the seat assembly includes a seat cushion (Serber 48),
a support (Serber 26) supporting the seat cushion (Serber paragraph 0067) and attached to the vehicle body frame so as to move in a front-rear direction (Serber 124; Serber Fig. 6) (Serber paragraphs 0095 and 0097), and
a seatbelt (Serber 53) including a side belt (Serber 53a) (Serber Fig. 7), and
the side belt is attached to the support (Serber Fig. 6; Serber paragraph 0097).
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.
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Serber US 20060055214 A1, in view of Fujita et al. US 20160176325 A1.
Regarding claim 10, Serber discloses the seat assembly of claim 3, as discussed above wherein
the seating frame body includes a seat frame (Serber paragraph 0067).
Serber does not disclose that the attachment portion is located higher than the seat
frame.
However, Fujita et al. disclose an attachment portion (Fujita et al. 125a; Fujita et al. Fig. 1; Fujita et al. paragraph 0058) located higher than a seat frame (Fujita et al. 42; see annotated Fujita et al. Fig. 3; Fujita et al. paragraph 0053).
Therefore, it 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 to combine the seat assembly of Serber with the attachment portion position as taught by Fujita et al. with a reasonable expectation of success for the advantage of designing a seatbelt system where less belt webbing may be used, as the attachment portion would be placed closer to an occupant’s lap. Using less webbing material may reduce manufacturing time and costs, as would be known by one of ordinary skill in the art.
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Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Serber US 20060055214 A1, in view of Levin et al. US 20210206438 A1.
Regarding claim 12, Serber discloses the seat assembly of claim 3, as discussed above, further comprising:
a fastening portion fastening the attachment portion to the reinforcing portion (see annotated Serber Fig. 6; Serber paragraphs 0097-0098).
Serber does not disclose wherein the reinforcing portion includes a first reinforcing portion located outside a frame of the seating frame body, and a second reinforcing portion located inside the frame of the seating frame body, nor that the fastening portion penetrates the first reinforcing portion and the second reinforcing portion, and fastens the attachment portion to the first reinforcing portion and the second reinforcing portion.
However, Levin et al. disclose a reinforcing portion (Levin et al. 780/782; Levin et al. Fig. 43) that includes a first portion (Levin et al. 782) located outside a frame of a seating frame body (Levin et al. 740) (Levin et al. Fig. 45; Levin et al. paragraph 0173), and a second reinforcing portion (Levin et al. 780) located inside the frame of the seating frame body (Levin et al. paragraph 0173), wherein a fastening portion (Levin et al. 786) penetrates the first reinforcing portion and the second reinforcing portion (Levin et al. Fig. 43; Levin et al. paragraph 0173).
In combining the fastening attachment portion of Serber with the first reinforcing portion and the second reinforcing portion as taught by Levin et al., the fastening portion may fasten the attachment portion to the first and second reinforcement portions.
Therefore, it 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 to combine the seat assembly and attachment portion of Serber with the first and second reinforcement portions as taught by Levin et al. with a reasonable expectation of success for the advantage of providing additional securements between components in the seat assembly, stabilizing the overall structure and preventing undesired component movements when the vehicle is in use, as would be known by one of ordinary skill in the art.
Regarding claim 13, Serber, in view of Levin et al., disclose the seat assembly of claim 12, as discussed above, wherein the attachment portion is located on a side opposite to the seating frame body with respect to the first reinforcing portion (Serber paragraph 0097; see annotated Serber Fig. 6).
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Claims 14 are rejected under 35 U.S.C. 103 as being unpatentable over Serber US 20060055214 A1, in view of Nagasawa US 20160016534 A1.
Regarding claim 14, Serber discloses the seat assembly of claim 3, as discussed above, wherein
the attachment portion includes two attachment portions (Serber paragraph 0098),
the reinforcing portion includes two reinforcing portions each located on right and left sides of the seating frame body and reinforcing the seating frame body (see annotated Serber Fig. 6 above), and
the two attachment portions are each attached to the two reinforcing portions (Serber paragraph 0097).
Serber does not disclose wherein the seatbelt is a four-point seatbelt, and the side belt includes two right and left side belts.
However, Nagasawa discloses a seatbelt that is a four-point seatbelt (Nagasawa 1; Nagasawa Fig. 2), wherein the side belt includes two right and left side belts (Nagasawa 51R/51L).
Therefore, it 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 to combine the seat assembly of Serber with the seatbelt of Nagasawa with a reasonable expectation of success for the advantage of providing a more secure safety device to restrain occupants than a three-point seatbelt (Nagasawa paragraph 0009), especially when used in off-road vehicles, as would be known by one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Richard et al. CN 219601188 U disclose a vehicle seat with an attachment portion arrangement.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anayansi Santiago whose telephone number is (571)272-3138. The examiner can normally be reached Monday to Friday 8:30AM - 4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Anayansi Santiago/Examiner, Art Unit 3612
/A.S./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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