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 .
Specification
The disclosure is objected to because of the following informalities:
In line 16 of paragraph [0040] on page 8, the “sleeper seat” is misnumbered as element 22;
In line 5 of paragraph [0042] on page 10, the “leg rest” is misnumbered as element 22; and
In line 13 of paragraph [0054] on page 20, the “third slot” is misnumbered as element S2.
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 1-7, 9-10, 13, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwarzer (DE-4020940-A1).
Schwarzer discloses a rotatable seat base.
Claim 1 – Schwarzer teaches a seat assembly for a vehicle (“vehicle seat” in the abstract) movable from a drive mode facing forwardly to a sunset mode facing laterally generally ninety degrees from the drive mode (“to a position pivoted 90 [degrees] from the normal position” in paragraph 2 of the description), comprising: a mount surface (elements 1 and 2 in figures 1 and 4);
a seat frame (elements 3 and 5 in figures 1 and 4);
a first lever (element 8 in figures 1 and 4) pivotably coupled to said mount surface by a first pivot joint (element 10 in figures 1 and 4) such that said first lever is pivotal relative to said mount surface about said first pivot joint, said first lever pivotably coupled to said seat frame by a second pivot joint (element 6 in figures 1 and 4) such that said first lever is pivotal relative to said seat frame about said second pivot joint; and
a second lever (element 9 in figures 1 and 4) pivotably coupled to said mount surface by a third pivot joint (element 11 in figures 1 and 4) such that said second lever is pivotal relative to said mount surface about said third pivot joint, said second lever pivotably coupled to said seat frame by a fourth pivot joint (element 7 in figures 1 and 4) such that said second lever is pivotal relative to said seat frame about said fourth pivot joint.
Claim 2 – Schwarzer teaches the first lever and the second lever are generally parallel with one another while the seat assembly is in the drive mode (figure 1), and the first lever and the second lever are in nonparallel relation with one another while the seat assembly is in the sunset mode (figure 4).
Claim 3 – Schwarzer teaches the mount surface extends between opposite sides, the first pivot joint being proximate one of the opposite sides and the third pivot joint being proximate the other of the opposite sides (figures 1 and 4).
Claim 4 – Schwarzer teaches the first pivot joint and the third pivot joint are decoupled from the seat frame (“decoupled” has been interpreted as “not attached to one another”, therefore it can be seen in figures 1 and 4 that the first pivot joint, element 10, and the third pivot joint, element 11, are not attached to the seat frame, elements 3 and 5).
Claim 5 – Schwarzer teaches the second pivot joint and the fourth pivot joint are decoupled from the mount surface (“decoupled” has been interpreted as “not attached to one another”, therefore it can be seen in figures 1 and 4 that the second pivot joint, element 6, and the fourth pivot joint, element 7, are not attached to the mount surface, elements 1 and 2).
Claim 6 – Schwarzer teaches the vehicle seat has a side extending along a sidewall of the vehicle (element 13 in figures 1 and 4) when the seat assembly is in the drive mode, wherein the sidewall does not interfere with the side of the seat assembly as the seat assembly moves between the drive mode and the sunset mode (figure 1 and 4).
Claim 7 – Schwarzer teaches the side of the seat assembly is spaced from the sidewall by a first distance while the vehicle seat is in the drive mode, and wherein the seat assembly has a back surface spaced from the sidewall by a second distance while the seat assembly is in the sunset mode, wherein the first distance is substantially the same as the second distance (the distance between the seat assembly and the sidewall of the vehicle, element 13, appear to be substantially the same in figures 1 and 4).
Claim 9 – Schwarzer teaches said first lever pivots relative to said mount surface about said first pivot joint in a first direction while the seat assembly moves from the drive mode to the sunset mode (it can be seen that the first lever, element 8, pivots about the first pivot joint, element 10, in a counter-clockwise direction from figures 1 to 4) and the second lever pivots relative to said mount surface about said third pivot joint in a second direction opposite the first direction while the seat assembly moves from the drive mode to the sunset mode (it can be seen that the second lever, element 9, pivots about the third pivot joint, element 11, in a clockwise direction from figures 3 to 4).
Claim 10 – Schwarzer teaches said first lever pivots relative to said seat frame about said second pivot joint in the first direction while the seat assembly moves from the drive mode to the sunset mode (it can be seen that the first lever, element 8, pivots about the second pivot joint, element 6, in a counter-clockwise direction from figures 1 to 4) and the second lever pivots relative to said seat frame about said fourth pivot joint in the second direction while the seat assembly moves from the drive mode to the sunset mode (it can be seen that the second lever, element 9, pivots about the fourth pivot joint, element 7, in a clockwise direction from figures 3 to 4).
Claim 13 – Schwarzer teaches a back frame (“backrest” in the third paragraph on page 3 of the provided translation) supported by said seat frame for pivotal movement between an upright position, whereat said back frame and said seat frame extend in inclined relation with one another, and a reclined position, whereat said back frame and said seat frame extend in generally coplanar relation with one another (“With the cushion support 3 or the seat frame, a backrest, not shown, can be pivoted about a transverse axis and can be locked in selectable pivoting positions in a known manner” in the third paragraph on page 3 of the provided translation, and “transverse plane” in claim 6).
Claim 17 – Schwarzer teaches a seat assembly for a vehicle (“vehicle seat” in the abstract) movable from a drive mode facing forwardly to a sunset mode facing laterally generally ninety degrees from the drive mode (“to a position pivoted 90 [degrees] from the normal position” in paragraph 2 of the description), comprising:
a mounting assembly having a base frame (elements 1 and 2 in figures 1 and 4) configured to be fixedly attached to a floor of the vehicle (“the guide rails are firmly connected to the vehicle floor” in the last paragraph on page 2 of the provided translation) and a pair of levers (elements 8 and 9 in figures 1 and 4) pivotably fixed to the base frame; and
a seat frame (elements 3 and 5 in figures 1 and 4) pivotably fixed to the pair of levers,
wherein the seat frame moves relative to the base frame about an arced path, the arced path not having a single axis of pivotal movement (the arced arrow path at the bottom of figure 4).
Claim 18 – Schwarzer teaches the pair of levers comprises:
a first lever (element 8 in figures 1 and 4) pivotably coupled to said base frame by a first pivot joint (element 10 in figures 1 and 4), said first lever pivotably coupled to said seat frame by a second pivot joint (element 6 in figures 1 and 4); and
a second lever (element 9 in figures 1 and 4) pivotably coupled to said base frame by a third pivot joint (element 11 in figures 1 and 4), said second lever pivotably coupled to said seat frame by a fourth pivot joint (element 7 in figures 1 and 4).
Claim 19 – Schwarzer teaches said base frame extends between opposite sides (figures 1 and 4), the first pivot joint being proximate one of the opposite sides and the third pivot joint being proximate the other of the opposite sides (figures 1 and 4), wherein the first pivot joint and the third pivot joint are decoupled from the seat frame (figures 1 and 4), wherein the second pivot joint and the fourth pivot joint are decoupled from the base frame (figures 1 and 4).
Claim 20 – Schwarzer teaches a method of operating a seat assembly for a motor vehicle (“vehicle seat” in the abstract) that is positioned adjacent an interior wall of the motor vehicle (element 13 in figures 1 and 4), comprising:
releasing a cushion frame (elements 3 and 5 in figures 1 and 4) of the seat assembly from a drive mode position facing forwardly in the motor vehicle (figure 1); and
moving the cushion frame, relative to a fixed base frame (elements 1 and 2 in figures 1 and 4), along an arced path not having a single axis of rotation (the arced arrow path at the bottom of figure 4) to a sunset mode position facing laterally in the vehicle (figure 4), generally ninety degrees from the drive mode (“to a position pivoted 90 [degrees] from the normal position” in paragraph 2 of the description).
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 8 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Schwarzer (DE-4020940-A1) alone.
Claim 8 – Schwarzer is silent on the vehicle seat being spaced from the sidewall substantially by the first distance or substantially by the second distance throughout the entirety of the movement of the seat assembly between the drive mode and the sunset mode.
It would have been obvious to one of ordinary skill in the art that, to move from the drive mode of figure 1 to the sunset mode of figure 4, the seat would have to be spaced from the sidewall substantially by the first or second distances for the entirety of the movement in order to not contact the sidewall.
Claim 11 – Schwarzer teaches said seat frame is configured to move relative to said mount surface during movement of the seat assembly from the drive mode to the sunset mode, said seat frame not having a fixed axis of rotation with said mount surface as said seat frame moves relative to said mount surface (figures 1 and 4), but does not specifically teach said mount surface is configured to remain fixed during movement of the seat assembly from the drive mode to the sunset mode.
While Schwarzer teaches the mount surface, elements 1 and 2, as adjustable guide rails, Schwarzer’s disclosure does not state that the mount surface has to move in order to swivel the seat. Therefore, it would have been obvious to one of ordinary skill in the art that the mount surface of Schwarzer is configured to remain fixed during movement of the seat assembly from the drive mode to the sunset mode.
Claim 12 – Schwarzer teaches a fixed point on said seat frame does not rotate about a fixed point on said mount surface as said seat frame moves relative to said mount surface (the center point of Schwarzer’s disclosure appears to not move from the center, being a fixed point).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Schwarzer (DE-4020940-A1) in view of Line (US-20180251044-A1).
Line discloses a vehicle sleeper seat.
Claim 14 – Schwarzer does not teach a leg rest frame supported by said seat frame for pivotal movement between a downward position, whereat said leg rest frame and said seat frame extend in inclined relation with one another, and a raised position, whereat said leg rest frame and said seat frame extend in generally coplanar relation with one another.
Line teaches a leg rest frame (element 16 in figure 3) supported by said seat frame (element 14 in figure 3) for pivotal movement between a downward position (figure 1), whereat said leg rest frame and said seat frame extend in inclined relation with one another, and a raised position (figure 3), whereat said leg rest frame and said seat frame extend in generally coplanar relation with one another.
It would have been obvious to one of ordinary skill in the art to construct the disclosure of Schwarzer with a leg rest, as taught by Line, to provide the seat’s occupant greater comfortability when the seat is reclined.
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Schwarzer (DE-4020940-A1) in view of Kuo (CN-115520082-A).
Kuo discloses a seating arrangement for a passenger vehicle.
Claim 15 – Schwarzer teaches a seat cushion (element 4 in figures 1 and 4) supported by the seat frame, wherein said seat cushion has a side extending along a sidewall of the vehicle in spaced relation from the sidewall by a first distance when the vehicle seat is in the drive mode (figure 1), and the back side of the seat being a second distance from the wall (figure 4).
Schwarzer does not specifically teach a back cushion supported by the back frame, and Schwarzer does not teach the distance from the sidewall being less than 4 inches.
Kuo teaches the first and second distances are less than 4 inches (“the vehicle wall at each side allows for 3 inches” in the last paragraph on page 9 of the provided translation).
Seat back frames are known in the art to be supplied with a back cushion, therefore it would have been obvious to one of ordinary skill in the art to provide the back frame with a back cushion to provide the seat’s occupant greater comfortability. Placement of the seat in the vehicle is a matter of design choice, and it would have been obvious to try a distance from the sidewall less than 4 inches, as taught by Kuo.
Claim 16 – Schwarzer teaches the sidewall does not interfere with said seat cushion and said back cushion as the vehicle seat moves between the drive mode and the sunset mode (figures 1 and 4).
Conclusion
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/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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