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 § 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 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 1,2,6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kumakiri (JP 2002221579 A).
Regarding claim 1, Kumakiri discloses a vehicle seat(fig 2) comprising: a pad member(15); a sheet-shaped member(18,22) covering a surface of the pad member; a back member(21) provided on a back surface side(fig 5) of the sheet-shaped member; and a sensor(14a) including a detecting unit(31) configured to acquire information related to a seated person(para 0005), wherein at least a portion of the detecting unit is arranged between the sheet-shaped member and the back member(fig 3,5).
Regarding claim 2, Kumakiri discloses wherein the sheet-shaped member and the back member constitute a skin material(para 0011,0018,0019) and the back member includes an adhered portion adhered to the sheet-shaped member(para 0012) and a non-adhered portion that cooperates with the sheet-shaped member to define an accommodating space for accommodating the detecting unit(para 0012, wadding 24 is selectively adhered to the rear surface of the trim cover).
Regarding claim 6, Kumakiri discloses wherein the detecting unit is provided with an electrode(34a-g) for detecting the seated person based on a change in capacitance (para 0013,0014,0028).
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 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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kumakiri (JP 2002221579 A) in view of Sakano (JP 2005095342 A).
Regarding claim 5, Kumakiri discloses a back member comprising a wadding (para 0012) and does not specify the material of the trim cover. Sakano discloses a similar apparatus wherein the back member is formed with less flexible materials such as leather (para 0026). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kumaki such that the back member is more flexible than the sheet member to allow the device to maintain stability while improving user comfort.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kumakiri (JP 2002221579 A) in view of Ozawa (JP 2014231254 A)
Regarding claim 7, Kumakiri discloses wherein the detecting unit is provided with an electrode (34 a-g) that is electrostatically coupled to a body of the seated person to detect an electrical potential of a body. Kumakiri does not disclose the detecting unit detects heart rate or a heartbeat interval. However, Ozawa discloses a similar apparatus wherein the detecting unit surface(detecting unit 40, surface 1) of the seated person so as to acquire at least one of heart rate, heartbeat interval, and an electrocardiogram of the seated person(para 0013). ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kumakiri such that the seat comprises additional sensors to detect heart rate to ensure passenger safety during traverse.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kumakiri (JP 2002221579 A)
Regarding claim 8, Kumakiri discloses wherein the sensor includes a harness (32) connected to the detecting unit. Kumakiri does not disclose the pad member is provided with a through hole through which the harness passes. However, the harness of Kumakiri extends from the sensor between the padding to the connector located outside(fig 2,6 para 0013). 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 pad member of Kumakiri to comprise a through hole to provide a predispositioned outlet for the harness connection.
Allowable Subject Matter
Claim 3,4, objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
Regarding claim 3, the closes prior art on record is Kumakiri (JP 2002221579 A). However, Kumakiri does not show disclose or render obvious the combination of claim 2 wherein the back member is formed in a sheet shape extending along the surface of the pad member and provided with a slit extending along the non-adhered portion.
Regarding claim 4, the closes prior art on record is Kumakiri (JP 2002221579 A). However, Kumakiri does not show disclose or render obvious the combination of claim 2 wherein the back member is provided with a slit connected to the accommodating space.
Claims 9-11 are allowed
The following is an examiner’s statement of reasons for allowance:
Regarding claim 9, the closes prior art on record is Kumakiri (JP 2002221579 A). However Kumakiri does not show disclose or render obvious the combination of a manufacturing method of a vehicle seat, the vehicle seat comprising: a pad member; a sheet-shaped member covering a surface of the pad member; a back member provided on a back surface side of the sheet-shaped member, and a sensor including a detecting unit configured to acquire information related to a seated person, and the method including steps of: peeling at least a portion of the back member from the sheet-shaped member; and sandwiching the detecting unit between the sheet-shaped member and the back member peeled from the sheet-shaped member.
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Conclusion
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SHAMS. DHANANI
Examiner
Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614
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