DETAILED ACTION
Notice of Pre-AIA or AIA Status
This action is in response to the application 19/097,661 filed 04/01/2025 which is a Continuation of PCT/CN2023/124539 10/13/2023, which claims priority to EPO 22202539 10/19/2022.
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 § 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, 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Classen (EP 2108539 A1)(hereinafter Classen).
RE Claim 1: Classen discloses a seat system for a vehicle (Figs 4e, 5a) comprising
a vehicle seat (151, 152) and a frame structure (10a),
wherein the frame structure is connected to a vehicle structure (1),
wherein the vehicle seat (151) is pivotably arranged relative to the frame structure (10a) around a pivot axis and configured for pivoting around the pivot axis between a first seating position and a second seating position opposite each other (abstract),
wherein the vehicle seat comprises a first seat part (152 left) and a second seat part (152 right) connected to each other (Fig 4e, 5a),
wherein in the first seating position the first seat part is forming a backrest and the second seat part is forming a seat platform (Figs e, 5a, 5b), and
wherein in the second seating position, the first seat part is forming a seat platform and the second seat part is forming a backrest (Figs e, 5a, 5b),
wherein the vehicle seat comprises an integrated first seatbelt system arranged in connection to the first seat part, wherein the first seatbelt system is configured for being worn by a user of the vehicle in the first seating position (para 0052-0057),
wherein the vehicle seat comprises an integrated second seatbelt system arranged in connection to the second seat part (para 0052-0057),
wherein the second seatbelt system is configured for being worn by a user of the vehicle in the second seating position (para 0052-0057).
RE Claim 2: Classen discloses the seat system according to claim 1,
wherein the first seat part comprises a first inner end (near rounded corner formed between seat portion and backrest portion; i.e. between 152 left and 152 right) and a first outer end (near the edge of 152 left), wherein the first inner end is arranged in connection to the pivot axis (Figs 4e, 5a),
wherein the second seat part comprises a second inner end (near rounded corner formed between seat portion and backrest portion; i.e between 152 left and 152 right) and a second outer end (near edge of 152 right), wherein the second inner end is arranged in connection to the pivot axis (Figs 4e, 5a, 5b).
RE Claim 3: Classen discloses the seat system according to claim 2,
wherein the first seatbelt system comprises a first seatbelt integrated in the first seat part (Fig 6a)(paras 0052-0057),
wherein the first seatbelt is extending from a first inner attachment point arranged in the first seat part (152 on left) in connection to the first inner end to a first outer attachment point arranged in connection to an outer side of the first seat part at the first inner end via the first outer end (Fig 6a)(paras 0052-0057);
wherein the second seatbelt system comprises a second seatbelt integrated in the second seat part (Fig 6a)(paras 0052-0057),
wherein the second seatbelt is extending from a second inner attachment point arranged in the second seat part in connection to the second inner end to a second outer attachment point arranged in connection to an outer side of the second seat part at the second inner end via the second outer end (Fig 6a)(paras 0052-0057).
RE Claim 4: Classen discloses the seat system according to claim 3,
wherein the first seat part comprises a first seatbelt channel extending between the first inner attachment point and the first outer end, wherein the first seatbelt is extending in the first seatbelt channel (Fig 6a)(paras 0052-0057),
wherein the second seat part comprises a second seatbelt channel extending between the second inner attachment point and the second outer end, wherein the second seatbelt is extending in the second seatbelt channel (Fig 6a)(paras 0052-0057).
RE Claim 5: Classen discloses the seat system according to claim 4,
wherein the first inner attachment point is arranged as a seatbelt retractor configured for retracting and releasing the first seatbelt (Fig 6a)(paras 0052-0057), and
wherein the second inner attachment point is arranged as a seatbelt retractor configured for retracting and releasing the second seatbelt (Fig 6a)(paras 0052-0057).
RE Claim 6: Classen discloses the seat system according to claim 3,
wherein the vehicle seat comprises a seatbelt lock arranged on a lateral side of the vehicle seat in connection to the pivot axis, wherein the seatbelt lock is configured for releasably connecting the first seatbelt in the first seating position and releasably connecting the second seatbelt in the second seating position (Fig 6a)(paras 0052-0057).
RE Claim 7: Classen discloses the seat system according to claim 6,
wherein the seatbelt lock is positioned in connection to the pivot axis and arranged on an opposite lateral side of the vehicle seat relative to the first outer attachment point and the second outer attachment point (Fig 6a)(paras 0052-0057).
RE Claim 9: Classen discloses the seat system according to claim 1, and further discloses
wherein each of the first seat part (152 left) and the second seat part (152 right) is pivotably arranged relative to the frame structure around the pivot axis (para 0041)(abstract).
RE Claim 14: Classen discloses the seat system according to claim 1, and further discloses
wherein the frame structure is connected to the vehicle structure via a rail structure (para 0028).
RE Claim 15: Classen discloses a vehicle (1)(motor vehicle per abstract) comprising the seat system according to claim 1 (previously discussed).
RE Claim 16: Classen discloses a method for operating the seat system of a vehicle according to claim 1 (previously discussed),
wherein the method comprises: arranging the vehicle seat in the first seating position for enabling usage of the first seatbelt system (para 0052-0057), or arranging the vehicle seat in the second seating position for enabling usage of the second seatbelt system (para 0052-0057).
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 8 and 10-13 rejected under 35 U.S.C. 103 as being unpatentable over Classen as applied to claim 10 above, and further in view of McManus et al. (US 2004/0256894 A1)(hereinafter McManus).
RE Claim 8: Classen discloses the seat system according to claim 2, and further discloses
wherein the vehicle seat comprises a first outer seat section attached to the first outer end of the first seat part (edge of 152 on left), wherein the first outer seat section is forming a headrest in the first seating position (corresponding 153 or 154), and
wherein the vehicle seat comprises a second outer seat section attached to the second outer end of the second seat part (edge of 152 right), wherein the second outer seat section is forming a headrest in the second seating position (corresponding 153 or 154).
Classen discloses the headrest structure 153, 154 is retractable relative to the seat per para 0042, but does not explicitly teach the first outer seat section is pivotably arranged relative to the first seat part and the second outer seat section is pivotably arranged relative to the second seat part.
However, McManus teaches an adjustable vehicle seat movable between a forward orientation and rearward orientation (abstract) (analogous art) and further teaches teach the first outer seat section is pivotably arranged relative to the first seat part (192 relative to 190+34) and the second outer seat section is pivotably arranged relative to the second seat part (192 relative to 191+32)(see at least Figs 24-25)(also see para 0089).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Classen in view of McManus such that the first outer seat section is pivotably arranged relative to the first seat part and the second outer seat section is pivotably arranged relative to the second seat part as taught by McManus for the advantages of adjustability.
RE Claim 10: Classen discloses the seat system according to claim 1.
Classen discloses portions of the seat being adjustable relative to the seat part (headrests 153, 154 relative to left and right end portions of 152).
However, Classen does not explicitly teach wherein the first seat part is individually adjustable relative to the frame structure and relative to the second seat part, wherein the second seat part is individually adjustable relative to the frame structure and relative to the first seat part.
However, McManus teaches an adjustable vehicle seat movable between a forward orientation and rearward orientation (abstract) (analogous art) and further teaches wherein the first seat part is individually adjustable relative to the frame structure and relative to the second seat part (para 0089)(Figs 24-25), wherein the second seat part is individually adjustable relative to the frame structure and relative to the first seat part (para 0089)(Figs 24-25).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Classen in view of McManus such that the first seat part is individually adjustable relative to the frame structure and relative to the second seat part, wherein the second seat part is individually adjustable relative to the frame structure and relative to the first seat part as taught by McManus for the advantages of adjustability.
RE Claim 11: Classen as modified discloses the seat system according to claim 10,
Classen discloses a drive motor for adjustment of the seat part relative to the frame per para 0037.
McManus further teaches:
wherein the seat system further comprises a first main actuator and a second main actuator arranged in the vehicle seat (para 0089 teaches electric motors - plural),
wherein the first main actuator is configured for enabling the individual adjustment of the first seat part relative to the frame structure around the pivot axis (para 0089),
wherein the second main actuator is configured for enabling the individual adjustment of the second seat part relative to the frame structure around the pivot axis (para 0089).
RE Claim 12: Classen as modified discloses the seat system according to claim 11.
McManus further teaches wherein the first main actuator is arranged as an electric motor, and the second main actuator is arranged as an electric motor (para 0089).
RE Claim 13: Classen discloses the seat system according to claim 1.
Classen discloses the first seat part (152 on left) comprises a first inner sub section and a first outer subsection (Figs 43e, 5a, b), and the second seat part (152 on right) comprises a second inner sub section and a second outer sub section (Figs 4e, 5a, b).
Classen does not explicitly teach the first inner sub-section and first outer sub-section pivotably arranged relative to each other and the second inner sub-section and second outer sub-section pivotably arranged relative to each other.
However, McManus teaches an adjustable vehicle seat movable between a forward orientation and rearward orientation (abstract) (analogous art) and further teaches the first inner sub-section and first outer sub-section pivotably arranged relative to each other and the second inner sub-section and second outer sub-section pivotably arranged relative to each other (para 0089; Figs 24-25).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Classen in view of McManus such that the first inner sub-section and first outer sub-section pivotably arranged relative to each other and the second inner sub-section and second outer sub-section pivotably arranged relative to each other as taught by McManus for the advantages of adjustability.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
These documents present alternative designs similar in scope which illustrate relevant features in comparison to the Applicant’s submission. The cited prior art include various vehicle seats and frames with pivoting functions and seat belt arrangements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA E GRABER whose telephone number is (571)272-4640. The examiner can normally be reached M-F 7:30-5.
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, Timothy D Collins can be reached on 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIA E GRABER/Primary Examiner, Art Unit 3644
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