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, and receipt is acknowledged of papers submitted under 35 USC §119(a)-(d) and 35 USC §371, which papers of record have been placed in 17/604,459 (Grandparent) file:
This application, 19/084,120, filed 19-March-2025, is a continuation of application 18/926,464 (Parent), filed 24-October-2024.
Application 18/926,464 is a continuation of application 17/604,459 (Grandparent), filed 18-October-2021, subsequently issued as patent 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, Parent, and Grandparent applications also claim priority from Japanese applications JP2019-079901, JP2019-079991, JP2019-079990, and JP2019-079902, all filed 19-April-2019.
This application is, therefore, accorded with a prima facie effective filing date of 19-April-2019.
Information Disclosure Statement
The following information disclosure statements have been considered by the Examiner and made of record in the application file:
IDS#1: filed 19-March 2025 (43 references).
IDS#2: filed 3-November-2025 (7 references).
IDS#3: filed 3-June-2026 (4 references).
Preliminary Amendment
The present Office Action is based upon the original patent application filed on 19-March-2025 as modified by the preliminary amendment PA#1 filed on 13-January-2026.
Claims 2-12 are now pending in the present application.
Claim Objections
Objection is made to claims 2 and 8 because of the following informalities:
The comma in claim 2 [line 6], and in claim 8 [line 6] should be a semicolon.
Appropriate correction is required.
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.
Claims 2, 3 and 8 are rejected under 35 USC §103 as unpatentable over Magaña et al (United States Patent Application Publication # US 2017/0197523 A1), hereinafter Magaña, in view of Frye et al (United States Patent Application Publication # US 2016/0280095 A1), hereinafter Frye.
Consider claim 2: A seat system, Frye discloses a seat adjuster, and vehicle seat adjustment system [Title; Abstract; Fig. 1-2; Para. 0005-0005], comprising:
a seat main body disposed on a floor defining a cabin of a vehicle; comprising a seat (10) (main body) depicted as attached to the floor of a vehicle (12) [Fig. 1; Para. 0018];
an adjustment mechanism for adjusting at least a position and a shape of the seat main body; a seat control unit (106) which can include one or more controls (not shown) for adjusting various aspects of the seat, including seat height, seat back angle, seat cushion angle, lumbar support, headrest height, etc. [Fig. 5; Para. 0052]; and
an application execution device provided with a touch panel to display information and configured to execute an application, a vehicle computing system (100) comprising a data processor (104) and Human Machine Interface (HMI) (110) comprising a display (18, 114) and where user input may be by buttons, lever touchpad or other contact sensing technology [Fig. 1, 5; Para. 0025, 0036, 0048-0052, 0054, 0056];
wherein:
the 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 the seat (14) comprises a seat cushion portion (14a) and a back portion (14b) [Fig. 1-2; Para. 0021];
at least one sensor is provided in the seat cushion, the sensor being configured to receive input from a seated user; various contact/pressure sensors (24a-d) in the seat back and cushion, specifically including a sensor at a hip location (24c) and at a leg location (24d) and/or a presence sensor (108) [Fig. 1, 5; Para. 0026-0028, 0030];
the application execution device executes the application based on a detection result of the sensor; an ECU (26) comprising a seat monitoring module (20) and a data processor (104) [Fig. 1, 5; Para. 0030, 0033, 0036, 0049, 0053], and where the application may issue a notification based on a posture determination [Fig. 3; Para. 0031, 0033-0036, 0039-0042];
the application execution device receives, via the touch panel, a seat adjustment input related to an automatic adjustment of the seat main body for the seated user before executing the application, and drives the adjustment mechanism when the seat adjustment input is received; wherein the user control may be used to correct a posture based on a provided recommendation [Fig 4a-4c; Para. 0025, 0043-0045];
the adjustment mechanism includes a forward and backward movement actuator for moving the seat main body in a fore and aft direction relative to the floor; wherein adjustments may include at least movement of the seat back portion in a forward or backward direction to achieve a desired angle between the pack and cushion portion [Fig. 4a-4c; Para. 0034];
the sensor is configured, for receiving the input from the seated user, to detect a change in pressure of the seating surface in accordance with movements of the seated user; wherein sensor information may be used to detect movement and/or posture of the occupant [Fig. 1-2; Para. 0028-0030]; and
the seat adjustment input includes an input for moving the seat main body in an aft direction relative to the floor.
Magaña does not explicitly disclose actuators for moving the seat portions, but the presence and operation of actuators would have been obvious and are implicitly disclosed because the movement of the seat portions is disclosed.
Magaña specifically discloses embodiments in which the seat cushion and back portions are moved to achieve a desired angle between them, and also discloses that other positional adjustments may be made, including seat height, seat back angle, seat cushion angle, lumbar support, headrest height, etc., but does not specifically disclosed forward and/or backward movement of the seat cushion portion with respect to the vehicle floor. This was known in analogous prior art, and for example:
Frye discloses a vehicle seat adjustment system and seat adjuster [Title; Abstract; Fig. 2, 7, 10; Para. 0003-0006], and particularly: (a) embodiments in which a touch screen may be used as an operator interface [Para. 0065], (b) actuators (40, 84) to effect seat movement [Fig. 2, 10, 13, 14; Para. 0012, 0014, 0042-0042, 0107], and (c) a specific adjustment of the seat in a forward and backward direction on a track (101) attached to the floor (81) [Fig. 3a-3c, 4a-4c, 13; Para. 0013, 0017, 0107].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to: (a) use a touch screen for entering user command gestures, (b) for the system to control actuators to effect seat movements, and (c) to include a seat adjustment in a forward or backward direction with respect to the vehicle floor, as taught by Frye, and applied to a vehicle seat adjustment system as taught by Magaña, in order that: (a) an occupant may make seat adjustments using a portable or mobile device, (b) where actuators allow automatic movements to be made, and (c) forward/backward seat movement is a common seat adjustment, and allows for customized leg room.
Consider claim 3 and as applied to claim 2: The seat system according to claim 2, wherein the adjustment mechanism includes a tilt actuator for tilting the seat cushion relative to the seat back, and the seat adjustment input includes an input for tilting the seat back relative to the seat cushion toward an upright position.
Magaña specifically discloses adjustments may include at least movement of the seat back portion in a forward or backward direction to achieve a desired angle between the pack and cushion portion [Fig. 4a-4c; Para. 0034].
Frye also discloses adjustment of the angle between the seat back and cushion [Fig. 5A-5B, Para. 0021, 0052-0054].
Consider claim 8: A seat system, Frye discloses a seat adjuster, and vehicle seat adjustment system [Title; Abstract; Fig. 1-2; Para. 0005-0005], comprising:
a seat main body disposed on a floor defining a cabin of a vehicle; comprising a seat (10) (main body) depicted as attached to the floor of a vehicle (12) [Fig. 1; Para. 0018];
an adjustment mechanism for adjusting at least a position and a shape of the seat main body; a seat control unit (106) which can include one or more controls (not shown) for adjusting various aspects of the seat, including seat height, seat back angle, seat cushion angle, lumbar support, headrest height, etc. [Fig. 5; Para. 0052]; and
an application execution device provided with a touch panel to display information and configured to execute an application, a vehicle computing system (100) comprising a data processor (104) and Human Machine Interface (HMI) (110) comprising a display (18, 114) and where user input may be by buttons, lever touchpad or other contact sensing technology [Fig. 1, 5; Para. 0025, 0036, 0048-0052, 0054, 0056];
wherein:
the 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 the seat (14) comprises a seat cushion portion (14a) and a back portion (14b) [Fig. 1-2; Para. 0021];
at least one sensor is provided in the seat cushion, the sensor being configured to receive input from a seated user; various contact/pressure sensors (24a-d) in the seat back and cushion, specifically including a sensor at a hip location (24c) and at a leg location (24d) and/or a presence sensor (108) [Fig. 1, 5; Para. 0026-0028, 0030];
the application execution device executes the application based on a detection result of the sensor; an ECU (26) comprising a seat monitoring module (20) and a data processor (104) [Fig. 1, 5; Para. 0030, 0033, 0036, 0049, 0053], and where the application may issue a notification based on a posture determination [Fig. 3; Para. 0031, 0033-0036, 0039-0042];
the application execution device receives, via the touch panel, a seat adjustment input related to an automatic adjustment of the seat main body for the seated user before executing the application, and drives the adjustment mechanism when the seat adjustment input is received; wherein the user control may be used to correct a posture based on a provided recommendation [Fig 4a-4c; Para. 0025, 0043-0045];
the adjustment mechanism includes a tilt actuator for tilting the seat back relative to the seat cushion; wherein adjustments may include at least movement of the seat back portion in a forward or backward direction to achieve a desired angle between the pack and cushion portion [Fig. 4a-4c; Para. 0034];
the sensor is configured, for receiving the input from the seated user, to detect a change in pressure of the seating surface in accordance with movements of the seated user; wherein sensor information may be used to detect movement and/or posture of the occupant [Fig. 1-2; Para. 0028-0030]; and
the seat adjustment input includes an input for tilting the seat back relative to the seat cushion toward an upright position; [Fig. 4A-4C; Para. 0043-0046]
Magaña does not explicitly disclose actuators for moving the seat portions, but the presence and operation of actuators would have been obvious and are implicitly disclosed because the movement of the seat portions is disclosed. This was also known in analogous prior art, and for example:
Frye discloses a vehicle seat adjustment system and seat adjuster [Title; Abstract; Fig. 2, 7, 10; Para. 0003-0006], and particularly: (a) embodiments in which a touch screen may be used as an operator interface [Para. 0065], and (b) actuators (40, 84) to effect seat movement [Fig. 2, 10, 13, 14; Para. 0012, 0014, 0042-0042, 0107].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to: (a) use a touch screen for entering user command gestures, and (b) for the system to control actuators to effect seat movements, as taught by Frye, and applied to a vehicle seat adjustment system as taught by Magaña, in order that: (a) an occupant may make seat adjustments using a portable or mobile device, and (b) where actuators allow automatic movements to be made.
Claims 4 and 9 are rejected under 35 USC §103 as unpatentable over Magaña et al (United States Patent Application Publication # US 2017/0197523 A1), hereinafter Magaña, and Frye et al (United States Patent Application Publication # US 2016/0280095 A1), hereinafter Frye, further in view of Alderman et al. (United States Patent Application Publication # US 2018/0126950 A1), hereinafter Alderman, and Tan (United States Patent Application Publication # US 2018/0244174 A1).
Consider claim 4 and as applied to claim 3: The seat system according to claim 3, wherein the application execution device is provided with a GPS receiver and is configured to be connected with a server that holds weather information via a network, and determines a position of the application execution device using the GPS receiver, acquires, from the server, weather information predicted at the determined position, and sets a driving amount of the adjustment mechanism based on the predicted weather information.
Neither Magaña nor Frye disclose receipt of weather data based on GPS location, or the use of such information to set a vehicle seat position. This was obvious with respect to analogous prior art however, and for example:
Alderman discloses a mobile alert and security system which may be applied to a vehicle and occupants thereof [Title; Abstract; Fig. 1-2; Para. 0002, 0006-0008] and particularly that using received GPS location data a server (120) may obtain weather information, including temperature forecast data. This may be analyzed with occupant data and time data to enable the server to determine if the driver should be proactively alerted or reminded of a potential hazard [Fig. 9; Para. 0093].
Alderman does not disclose adjustment of a seat based on the potential hazard.
Tan discloses an autonomous vehicle seat positioning system [Title; Abstract; Fig. 1-6; Para. 0001, 0003-0004], and particularly that an emergency condition may be determined based on collected data, including an anticipated weather condition, may determine an urgency relating to the emergency, and based on the emergency, may adjust one or more vehicle seats [Fig. 7-9;Para. 0056-0061].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to use GPS location data to collect weather information from a network server to assess an emergency situation with respect to a vehicle as taught by Alderman, and based on a determined urgency, to adjust a vehicle seat as taught by Tan, and applied to a vehicle seat adjustment system as taught by Magaña as modified by Frye, in order to prepare vehicle occupants for the emergency and necessary response.
Consider claim 9 and as applied to claim 8: The seat system according to claim 8, wherein the application execution device is provided with a GPS receiver and is configured to be connected with a server that holds weather information via a network, and determines a position of the application execution device using the GPS receiver, acquires, from the server, weather information predicted at the determined position, and sets a driving amount of the adjustment mechanism based on the predicted weather information.
This claim is rejected based on the same references, citations and analysis as for claim 4, and as applied to claim 8.
Claims 6 and 11 are rejected under 35 USC §103 as unpatentable over Magaña et al (United States Patent Application Publication # US 2017/0197523 A1), hereinafter Magaña, and Frye et al (United States Patent Application Publication # US 2016/0280095 A1), hereinafter Frye, further in view of Schaff et al. (United States Patent Application Publication # US 2010/0318266 A1), hereinafter Schaff.
Consider claim 6 and as applied to claim 3: The seat system according to claim 3, further comprising:
an air conditioning device that performs air conditioning in the cabin; and
a control device to control the air conditioning device,
wherein the application execution device is configured to be connected with the control device to be capable of controlling the air conditioning device.
Magaña discloses a vehicle computing system (100) comprising a data processor (104) and Human Machine Interface (HMI) (110) comprising a display (18, 114) and where user the HMI may display air conditioning information [Fig. 1, 5; Para. 0048-0052, 0054, 0056], but does not specifically disclose air conditioner control. This was known in the prior art, however, and for example:
Schaff discloses an interface for vehicle function control via a touch screen [Title; Abstract; Fig. 5; Para. 0001, 0005-0006] and particularly that in addition to adjustment of car seats, the touch screen may control other vehicle functions, including air conditioning [Para. 0019].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to use a common touch screen to control a variety of vehicle functions and systems, including both air conditioning and seat adjustment, as taught by Schaff, and applied to a vehicle seat adjustment system as taught by Magaña as modified by Frye, reducing the need for individual controls for each system, thereby reducing cost.
Consider claim 11 and as applied to claim 8: The seat system according to claim 8, further comprising:
an air conditioning device that performs air conditioning in the cabin; and
a control device to control the air conditioning device,
wherein the application execution device is configured to be connected with the control device to be capable of controlling the air conditioning device.
This claim is rejected based on the same references, citations and analysis as applied to claim 6, and as applied to claim 8.
Claims 7 and 12 are rejected under 35 USC §103 as unpatentable over Magaña et al (United States Patent Application Publication # US 2017/0197523 A1), hereinafter Magaña, and Frye et al (United States Patent Application Publication # US 2016/0280095 A1), hereinafter Frye, further in view of Buono (United States Patent Application Publication # US 2003/0057749 A1).
Consider claim 7 and as applied to claim 2: The seat system according to claim 2, further comprising a headrest provided on an upper side of the seat back, wherein each of the seat back and the seat cushion includes a frame, a pad supported by the frame, and a skin member covering an outer surface of the pad.
Magaña and Frye both disclose seats comprising headrests, seat cushions (pad), and surfaces, but does not explicitly disclose a frame or skin (covering). These would have been obvious to an artisan, and are also known in prior art, and for example:
Buono teaches a video seating system for a vehicle [Title; Abstract; Fig. 1; Para. 0008] and particularly that a seat may comprise “a frame for a seat having cushioning pads thereon defining a seat portion and a seat back portion, said frame defining a shape of the seat and the seat back portions, said seat back portion having a headrest portion thereon; a cover covering the frame; the seat back portion further defining a second portion spaced-apart and lateral of the headrest portion” [claim32].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention that a vehicle seat comprise elements including, a frame, a cushioning pad, a cover and a headrest as taught by Buono and applied to a vehicle seat adjustment system as taught by Magaña as modified by Frye, where these components are commonly used to construct a vehicle seat.
Consider claim 12 and as applied to claim 8: The seat system according to claim 8, further comprising a headrest provided on an upper side of the seat back, wherein each of the seat back and the seat cushion includes a frame, a pad supported by the frame, and a skin member covering an outer surface of the pad. This claim is rejected based on the same references, citations and analysis as for claim 7, and as applied to claim 8.
Allowable Subject Matter
Objection is made to claims 5 and 10 as dependent upon a rejected base claim but would be allowable if rewritten in independent form including all 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.
Fagan et al. (U.S. Patent Application Publication # US 2020/0148366 A1disclosing an aircraft seat.
Hotary et al. (U.S. Patent Application Publication # US 2012/0086249 A1) disclosing a system, methodologies, and components acquiring, analyzing, and using occupant body specifications for improved seating structures and environment configuration.
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
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