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 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 1-4 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 1 is indefinite as line 2 recites that there is a main body portion “that configures a portion of a seat cushion”. In common technical and general English, “configures” is an active verb, which means: arranges, sets up, prepares, or puts into a particular form or configuration. The wording in the claim suggests that the main body portion is actively doing something to another portion (i.e., “configuring” it). However, based on the context and the disclosure, the intent appears to be that the main body portion is (or forms) a part of the seat cushion, not that it is actively arranging or setting up another part. As such, the claim is unclear as its use in the claim implies an action that is not intended by the invention. The examiner recommends using a passive or descriptive verb, such as “forming”.
[Note: the use of “is configured” in claim 3 is clear as it clearly expresses the structural relationship without implying an action.]
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.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Kimbara (US 2023/0129527) in view of Okubo (US 2018/0178695).
Kimbara discloses a vehicle seat comprising: a seat cushion main body portion (20) that configures a portion of a seat cushion that supports buttocks of a seated occupant from a seat lower side (see seat structure in Fig. 1); and an extension portion (3) that configures another portion of the seat cushion (40) and that is provided at a front end side of the seat cushion main body portion (see Fig. 2), a length of the seat cushion in a seat front-rear direction being adjusted due to the extension portion being displaced in the seat front-rear direction (seen in Fig. 3 as compared to Fig. 2).
Kimbara does not show a weight in the extension portion.
Okubu teaches a vehicle seat having a weight (15) that is provided at an interior of the seat (as seen in Figs. 2-6, etc) and relatively displaceable in an up-down direction with respect to the extension portion. Okubo teaches that a dynamic damper can be mounted anywhere on the seat structure (headrest, seat back, or seat cushion frame) for vibration suppression (see Fig. 14 showing the dampener in the seat bottom).
It would be obvious to a person of ordinary skill in the art at the time the invention was filed to apply Okubo’s damper concept to a different part of the seat of Kimbara (e.g., the extension portion of an extendable cushion) to achieve the same noise/vibration suppression benefits. The combination would predictably result in an extendable seat cushion with improved vibration/noise suppression, by incorporating a known damper structure (movable weight in a housing with an elastic member) into the extension.
Regarding claim 2, Okubo teaches an inner surface of a space in which the weight (15) is provided is covered by a cushioning member (elastic sheet 16) that is capable of cushioning an impact. As noted in paragraph 0137, the elastic sheet is made of a urethane foam, the function of which is to cushion impact, prevent direct contact, and control movement of the weight.
Allowable Subject Matter
Claims 3 and 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID R DUNN whose telephone number is (571)272-6670. The examiner can normally be reached Mon-Fri 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Namrata Boveja can be reached at 571-272-8105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID R DUNN/ Supervisory Patent Examiner, Art Unit 3636
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