DETAILED ACTION
This is a non-final Office action in response to the RCE filed 01/20/2026.
Status of Claims
Claims 1-20 are pending;
Claims 1, 2, 6-8, 12, 13, and 18-20 are original; claims 3-5, 9-11, and 15-17 are currently amended; claim 14 was previously presented;
Claims 1-20 are rejected herein.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed 01/20/2026 has been entered.
Response to Arguments
Applicant's arguments in the remarks filed 01/20/2026 have been fully considered but are moot in view of the new grounds of rejection set forth below in the current Office action.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature "wherein each of the at least two first retainers and each of the at least two third retainers are vertically aligned" (claim 10, lines 1-3) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature "wherein the at least two second retainers and the at least two fourth retainers are in parallel and non-coincidental" (claim 11, lines 1-3) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature "wherein a plane intersects each of the at least two first retainers and each of the at least two third retainers" (claim 15, lines 1 and 2) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as "amended." If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 10, 11, and 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 10, there is no support in the original disclosure of the present application for the following limitations: "wherein each of the at least two first retainers and each of the at least two third retainers are vertically aligned" (claim 10, lines 1-3). As shown in Figures 8-10, the second portion (660) extends from the first portion (640) at an angle, such that the at least two first retainers (648) and the at least two third retainers (668) are not vertically aligned. Nowhere in the original drawings or in the original specification discloses "wherein each of the at least two first retainers and each of the at least two third retainers are vertically aligned" as claimed. Therefore, the limitations "wherein each of the at least two first retainers and each of the at least two third retainers are vertically aligned" (claim 10, lines 1-3) are considered as new matter. Appropriate correction is required.
Regarding claim 11, there is no support in the original disclosure of the present application for the following limitations: "wherein the at least two second retainers and the at least two fourth retainers are in parallel and non-coincidental" (claim 11, lines 1-3). As shown in Figures 8-12, the second portion (660) extends from the first portion (640) at an angle, and the at least two second retainers (650) and the at least two fourth retainers (670) are not in parallel and non-coincidental. Nowhere in the original drawings or in the original specification discloses "wherein the at least two second retainers and the at least two fourth retainers are in parallel and non-coincidental" as claimed. Therefore, the limitations "wherein the at least two second retainers and the at least two fourth retainers are in parallel and non-coincidental" (claim 11, lines 1-3) are considered as new matter. Appropriate correction is required.
Regarding claim 15, there is no support in the original disclosure of the present application for the following limitations: "wherein a plane intersects each of the at least two first retainers and each of the at least two third retainers" (claim 15, lines 1 and 2). As shown in Figures 8-10, the second portion (660) extends from the first portion (640) at an angle, such that no plane intersects each of the at least two first retainers (648) and each of the at least two third retainers (668). Nowhere in the original drawings or in the original specification discloses "wherein a plane intersects each of the at least two first retainers and each of the at least two third retainers" as claimed. Therefore, the limitations "wherein a plane intersects each of the at least two first retainers and each of the at least two third retainers" (claim 15, lines 1 and 2) are considered as new matter. Appropriate correction is required.
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 10, 11, and 15 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.
Regarding claim 10, the limitations "wherein each of the at least two first retainers and each of the at least two third retainers are vertically aligned" in claim 10 (lines 1-3) are indefinite. As shown in Figures 8-10, the second portion (660) extends from the first portion (640) at an angle, such that the at least two first retainers (648) and the at least two third retainers (668) do not appear to be vertically aligned. It is not clear as to how each of the at least two first retainers and each of the at least two third retainers can be "vertically aligned" as claimed. Appropriate correction is required.
Regarding claim 11, the limitations "wherein the at least two second retainers and the at least two fourth retainers are in parallel and non-coincidental" in claim 11 (lines 1-3) are indefinite. Firstly, it is not clear as to what the term "non-coincidental" means in the instant case. Secondly, as shown in Figures 8-12, the second portion (660) extends from the first portion (640) at an angle, each of the at least two second retainers (650) has a slanted upper edge, and each of the at least two fourth retainers (670) has a slanted lower edge, such that the at least two second retainers (650) and the at least two fourth retainers (670) do not appear to be in parallel and non-coincidental. It is not clear as to how the at least two second retainers and the at least two fourth retainers can be "in parallel and non-coincidental" as claimed. Appropriate correction is required.
Regarding claim 15, the limitations "wherein a plane intersects each of the at least two first retainers and each of the at least two third retainers" in claim 15 (lines 1 and 2) are indefinite. As shown in Figures 8-10, the second portion (660) extends from the first portion (640) at an angle, such that no one plane intersects each of the at least two first retainers (648) and each of the at least two third retainers (668). It is not clear as to how a plane can "intersect" each of the at least two first retainers and each of the at least two third retainers as claimed. Appropriate correction is required.
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.
Claims 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Laumeier et al. (US 10,343,556 B2), hereinafter Laumeier, in view of Sugiyama et al. (US 6,736,730 B2), hereinafter Sugiyama, and Schmidt (WO 2018130631 A1).
Regarding claim 16, Laumeier discloses a carriage (40, fig 1) for a seat track assembly (10, fig 1), the carriage comprising: an elongated body (410, fig 1, see annotation, the middle body of the roller cage 40) having a first end (411, fig 1, see annotation) and an opposing second end (412, fig 1, see annotation); a first flange (42, fig 1, the left roller housing 42) coupled to the first end of the elongated body (see Figure 1); and a second flange (42, fig 1, the right roller housing 42) coupled to the opposing second end of the elongated body (see Figure 1), each of the first flange and the second flange including: a first portion (421, fig 1, see annotation, the lower portion of the roller housing 42) having a first face and an opposing second face (see Figures 1 and 2B), the first portion defining a first aperture having a first diameter (see Figures 1 and 2B); and a second portion (422, fig 2, see annotation, the upper portion of the roller housing 42) extending from the first portion at an angle (see Figures 1 and 2B), the second portion having a third face and an opposing fourth face (see Figures 1 and 2B), the second portion defining a second aperture having a third diameter (see Figures 1 and 2B); wherein each of the first aperture and the second aperture is configured to accommodate at least one ball bearing (44, fig 1) having a diameter (see Figures 1 and 2B).
[AltContent: textbox (42 – Second Flange)]
[AltContent: arrow][AltContent: textbox (421 – First Portion)]
[AltContent: textbox (422 – Second Portion)][AltContent: arrow][AltContent: arrow][AltContent: textbox (42 – First Flange)]
PNG
media_image1.png
855
1065
media_image1.png
Greyscale
[AltContent: textbox (410 – Elongated Body)][AltContent: arrow]
[AltContent: arrow][AltContent: textbox (422 – Second Portion)]
[AltContent: arrow][AltContent: arrow]
[AltContent: arrow][AltContent: arrow]
[AltContent: textbox (412 – Second End)]
[AltContent: textbox (411 – First End)]
[AltContent: textbox (421 – First Portion)]
Laumeier does not disclose the carriage comprising: (1) the first portion of each of the first flange and the second flange including (i) two first retainers protruding outward from the first face and extending at least partially over the first aperture and (ii) two second retainers protruding outward from the opposing second face and extending at least partially over the first aperture, the two first retainers and the two second retainers defining a second diameter that is less than the first diameter, the two first retainers rotationally offset 90 degrees relative to the two second retainers; and the second portion of each of the first flange and the second flange including (i) two third retainers protruding outward from the third face and extending at least partially over the second aperture and (ii) two fourth retainers protruding outward from the opposing fourth face and extending at least partially over the second aperture, the two third retainers and the two fourth retainers defining a fourth diameter that is less than the third diameter, the two third retainers rotationally offset 90 degrees relative to the two fourth retainers; (2) wherein (a) at least one of the two first retainers or the two second retainers are configured to elastically deform and (b) at least one of the two third retainers or the two fourth retainers are configured to elastically deform such that (i) the first aperture, the two first retainers, and the two second retainers and (ii) the second aperture, the two third retainers, and the two fourth retainers are configured to accommodate ball bearings of different diameters.
With respect to the missing limitations (1) above, Sugiyama teaches a carriage (10, 13, fig 5), the carriage comprising: a first portion (10, fig 5, the left retainer 10) having a first face and an opposing second face (see Figures 1-5), the first portion defining a first aperture (15, fig 5, the left pocket 15) having a first diameter (see Figures 1-5), the first portion including (i) two first retainers (16b, fig 5, col 6, lines 6-14) protruding outward from the first face and extending at least partially over the first aperture (see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16b extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15) and (ii) two second retainers (16a, fig 5, col 6, lines 6-14) protruding outward from the opposing second face and extending at least partially over the first aperture (see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16a extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15), the two first retainers and the two second retainers defining a second diameter that is less than the first diameter (see Figures 1-5), the two first retainers rotationally offset 90 degrees relative to the two second retainers (see Figures 4 and 5); and a second portion (10, fig 5, the right retainer 10), the second portion having a third face and an opposing fourth face (see Figures 1-5), the second portion defining a second aperture (15, fig 5, the left pocket 15) having a third diameter (see Figures 1-5), the second portion including (i) two third retainers (16b, fig 5, col 6, lines 6-14) protruding outward from the third face and extending at least partially over the second aperture (see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16b extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15) and (ii) two fourth retainers (16a, fig 5, col 6, lines 6-14) protruding outward from the opposing fourth face and extending at least partially over the second aperture (see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16a extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15), the two third retainers and the two fourth retainers defining a fourth diameter that is less than the third diameter (see Figures 1-5), the two third retainers rotationally offset 90 degrees relative to the two fourth retainers (see Figures 4 and 5); wherein (a) at least one of the two first retainers or the two second retainers are configured to elastically deform (see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18) and (b) at least one of the two third retainers or the two fourth retainers are configured to elastically deform (see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18) such that (i) the first aperture, the two first retainers, and the two second retainers and (ii) the second aperture, the two third retainers, and the two fourth retainers are configured to accommodate at least one ball bearing (9, fig 4); wherein each aperture of each of the first portion is provided with four retainers (16a, 16b, fig 5, col 6, lines 6-14) to retain at least one ball bearing (9, fig 4); and wherein each aperture of each of the second portion is provided with four retainers (16a, 16b, fig 5, col 6, lines 6-14) to retain at least one ball bearing (9, fig 4).
PNG
media_image2.png
430
608
media_image2.png
Greyscale
PNG
media_image3.png
618
488
media_image3.png
Greyscale
[AltContent: textbox (The upper portion of the retainer (16b) above the horizontal dashed line extends over the aperture (15) by curving radially inwardly from the periphery of the aperture (15).)][AltContent: textbox (The aperture (15) is formed above the horizontal dashed line.)][AltContent: arrow][AltContent: arrow]
[AltContent: connector]
[AltContent: textbox (Annotation of Enlarged Portion of Figure 4 of Sugiyama)]
Laumeier and Sugiyama are analogous art because they are at least from a similar problem solving area, i.e., bearings. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to provide each aperture of each of the first and second portions (Laumeier: 421, 422, fig 1, see annotation) of each of the first and second flanges (Laumeier: 42, fig 1) of each carriage (Laumeier: 40, fig 1) with four retainers (Sugiyama: 16a, 16b, fig 5, col 6, lines 6-14) configured to elastically deform (Sugiyama: see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18) to retain at least one ball bearing (Laumeier: 44, fig 1), as taught by Sugiyama, with a reasonable expectation of success. The motivation would have been to prevent the ball bearings (Laumeier: 44, fig 1) mounted in the apertures from coming out of the apertures.
With respect to the missing limitations (2) above, Laumeier, as modified by Sugiyama as discussed above, teaches the carriage, wherein (a) at least one of the two first retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14) or the two second retainers (Sugiyama: 16a, fig 5, col 6, lines 6-14) are configured to elastically deform (Sugiyama: see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18) and (b) at least one of the two third retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14) or the two fourth retainers (Sugiyama: 16a, fig 5, col 6, lines 6-14) are configured to elastically deform (Sugiyama: see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18) such that (i) the first aperture, the two first retainers, and the two second retainers and (ii) the second aperture, the two third retainers, and the two fourth retainers are configured to accommodate ball bearings (Sugiyama: 9, fig 4, see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18).
Laumeier, as modified by Sugiyama as discussed above, does not explicitly teach the carriage, wherein (a) at least one of the two first retainers or the two second retainers are configured to elastically deform and (b) at least one of the two third retainers or the two fourth retainers are configured to elastically deform such that (i) the first aperture, the two first retainers, and the two second retainers and (ii) the second aperture, the two third retainers, and the two fourth retainers are configured to accommodate ball bearings of different diameters.
Schmidt teaches a carriage (50, fig 8, see annotation) comprising: an aperture (51, fig 5, see annotation) having a first diameter (see Figures 5-8); two first retainers (6c, 6d, fig 5) protruding outward from a first face and extending at least partially over the first aperture (see Figures 5-8); two second retainers (6e, 6f, fig 6) protruding outward from the first face and extending at least partially over the first aperture (see Figures 5-8); the two first retainers and the two second retainers defining a second diameter that is less than the first diameter (see Figures 5-8), the two first retainers rotationally offset substantially 90 degrees relative to the two second retainers (see Figure 8, see paragraphs 0042 and 0043); wherein at least one of the two first retainers or the two second retainers are configured to elastically deform (see Figures 5-8, see paragraphs 0010 and 0011) such that the first aperture, the two first retainers, and the two second retainers are configured to accommodate ball bearings of different diameters (see Figures 5-8, see abstract, see paragraphs 0005 and 0010).
[AltContent: textbox (51 – Aperture)]
[AltContent: textbox (50 – Carriage)]
PNG
media_image4.png
340
318
media_image4.png
Greyscale
[AltContent: arrow]
[AltContent: arrow]
Schmidt is analogous art because it is at least from a similar problem solving area, i.e., bearings. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to provide each aperture of each of the first and second portions (Laumeier: 421, 422, fig 1, see annotation) of each of the first and second flanges (Laumeier: 42, fig 1) of each carriage (Laumeier: 40, fig 1) with four retainers (Sugiyama: 16a, 16b, fig 5, col 6, lines 6-14) configured to elastically deform (Sugiyama: see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18) to accommodate ball bearings of different diameters (Schmidt: see Figures 5-8, see abstract, see paragraphs 0005, 0010, and 0011), as taught by Schmidt, with a reasonable expectation of success. The motivation would have been to allow ball bearings of different diameters to be usable with the carriage (Laumeier: 40, fig 1) for different designs or to compensate for manufacturing tolerances. Therefore, it would have been obvious to combine Laumeier, Sugiyama, and Schmidt to obtain the invention as specified in claim 16.
Accordingly, Laumeier, as modified by Sugiyama and Schmidt with respect to claim 16, teaches a carriage (Laumeier: 40, fig 1) for a seat track assembly (Laumeier: 10, fig 1), the carriage comprising: an elongated body (Laumeier: 410, fig 1, see annotation, the middle body of the roller cage 40) having a first end (Laumeier: 411, fig 1, see annotation) and an opposing second end (Laumeier: 412, fig 1, see annotation); a first flange (Laumeier: 42, fig 1, the left roller housing 42) coupled to the first end of the elongated body (Laumeier: see Figure 1); and a second flange (Laumeier: 42, fig 1, the right roller housing 42) coupled to the opposing second end of the elongated body (Laumeier: see Figure 1), each of the first flange and the second flange including: a first portion (Laumeier: 421, fig 1, see annotation, the lower portion of the roller housing 42) having a first face and an opposing second face (Laumeier: see Figures 1 and 2B), the first portion defining a first aperture having a first diameter (Laumeier: see Figures 1 and 2B), the first portion including (i) two first retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14) protruding outward from the first face and extending at least partially over the first aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16b extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15) and (ii) two second retainers (Sugiyama: 16a, fig 5, col 6, lines 6-14) protruding outward from the opposing second face and extending at least partially over the first aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16a extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15), the two first retainers and the two second retainers defining a second diameter that is less than the first diameter (Sugiyama: see Figures 1-5), the two first retainers rotationally offset 90 degrees relative to the two second retainers (Sugiyama: see Figures 4 and 5); and a second portion (Laumeier: 422, fig 2, see annotation, the upper portion of the roller housing 42) extending from the first portion at an angle (Laumeier: see Figures 1 and 2B), the second portion having a third face and an opposing fourth face (Laumeier: see Figures 1 and 2B), the second portion defining a second aperture having a third diameter (Laumeier: see Figures 1 and 2B), the second portion including (i) two third retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14) protruding outward from the third face and extending at least partially over the second aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16b extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15) and (ii) two fourth retainers (Sugiyama: 16a, fig 5, col 6, lines 6-14) protruding outward from the opposing fourth face and extending at least partially over the second aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16a extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15), the two third retainers and the two fourth retainers defining a fourth diameter that is less than the third diameter (Sugiyama: see Figures 1-5), the two third retainers rotationally offset 90 degrees relative to the two fourth retainers (Sugiyama: see Figures 4 and 5); wherein (a) at least one of the two first retainers or the two second retainers are configured to elastically deform (Sugiyama: see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18; Schmidt: see Figures 5-8, see paragraphs 0010 and 0011) and (b) at least one of the two third retainers or the two fourth retainers are configured to elastically deform (Sugiyama: see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18; Schmidt: see Figures 5-8, see paragraphs 0010 and 0011) such that (i) the first aperture, the two first retainers, and the two second retainers and (ii) the second aperture, the two third retainers, and the two fourth retainers are configured to accommodate ball bearings of different diameters (Schmidt: see Figures 5-8, see abstract, see paragraphs 0005, 0010, and 0011; Sugiyama: see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18).
Regarding claim 18, wherein the first portion defines a third aperture adjacent the first aperture (Laumeier: see Figure 1), wherein the first portion includes (i) two fifth retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14) protruding outward from the first face and extending at least partially over the third aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16b extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15) and (ii) two sixth retainers (Sugiyama: 16a, fig 5, col 6, lines 6-14) protruding outward from the opposing second face and extending at least partially over the third aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16a extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15).
Claims 1-15, 17, 19, and 20, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Laumeier et al. (US 10,343,556 B2), hereinafter Laumeier, in view of Sugiyama et al. (US 6,736,730 B2), hereinafter Sugiyama, and Schmidt (WO 2018130631 A1), or in the alternative, are rejected under 35 U.S.C. 103 as being unpatentable over Laumeier in view of Sugiyama, Schmidt, and Sprenger et al. (DE 102016225839 A1), hereinafter Sprenger.
Regarding claim 1, Laumeier, as modified by Sugiyama and Schmidt (see above discussions with respect to claim 16), teaches a carriage (Laumeier: 40, fig 1) for a seat track assembly (Laumeier: 10, fig 1), the carriage comprising: an elongated body (Laumeier: 410, fig 1, see annotation, the middle body of the roller cage 40) having a first end (Laumeier: 411, fig 1, see annotation) and an opposing second end (Laumeier: 412, fig 1, see annotation); and a flange (Laumeier: 42, fig 1, the left roller housing 42) coupled to the first end of the elongated body (Laumeier: see Figure 1), the flange including: a first portion (Laumeier: 421, fig 1, see annotation, the lower portion of the roller housing 42) having a first face and an opposing second face (Laumeier: see Figures 1 and 2B), the first portion defining a first aperture having a first diameter (Laumeier: see Figures 1 and 2B), the first portion including (i) at least two first retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14) protruding outward from the first face and extending at least partially over the first aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16b extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15) and (ii) at least two second retainers (Sugiyama: 16a, fig 5, col 6, lines 6-14) protruding outward from the opposing second face and extending at least partially over the first aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16a extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15), the at least two first retainers and the at least two second retainers defining a second diameter that is less than the first diameter (Sugiyama: see Figures 1-5); and a second portion (Laumeier: 422, fig 2, see annotation, the upper portion of the roller housing 42) extending from the first portion at an angle (Laumeier: see Figures 1 and 2B), the second portion having a third face and an opposing fourth face (Laumeier: see Figures 1 and 2B), the second portion defining a second aperture having a third diameter (Laumeier: see Figures 1 and 2B), the second portion including (i) at least two third retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14) protruding outward from the third face and extending at least partially over the second aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16b extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15) and (ii) at least two fourth retainers (Sugiyama: 16a, fig 5, col 6, lines 6-14) protruding outward from the opposing fourth face and extending at least partially over the second aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16a extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15), the at least two third retainers and the at least two fourth retainers defining a fourth diameter that is less than the third diameter (Sugiyama: see Figures 1-5); wherein at least one of (i) the first aperture, the at least two first retainers, and the at least two second retainers or (ii) the second aperture, the at least two third retainers, and the at least two fourth retainers are configured to accommodate ball bearings having diameters (Schmidt: see Figures 5-8, see abstract, see paragraphs 0005, 0010, and 0011; Sugiyama: see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18).
Laumeier, as modified by Sugiyama and Schmidt (see above discussions with respect to claim 16), does not explicitly teach the carriage, wherein at least one of (i) the first aperture, the at least two first retainers, and the at least two second retainers or (ii) the second aperture, the at least two third retainers, and the at least two fourth retainers are configured to accommodate ball bearings having diameters between about 4.6 mm and about 5.4 mm.
Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to form (i) the first aperture (Laumeier: see Figure 1), the at least two first retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14), and the at least two second retainers (Sugiyama: 16a, fig 5, col 6, lines 6-14) and (ii) the second aperture (Laumeier: see Figure 1), the at least two third retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14), and the at least two fourth retainers (Sugiyama: 16a, fig 5, col 6, lines 6-14) to be configured to accommodate ball bearings having diameters (Schmidt: see Figures 5-8, see abstract, see paragraphs 0005, 0010, and 0011; Sugiyama: see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18) between about 4.6 mm and about 5.4 mm, with a reasonable expectation of success, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. The motivation would have been to provide a workable range of diameters for the ball bearings to be usable with the carriage (Laumeier: 40, fig 1) for different designs or to compensate for manufacturing tolerances. Therefore, it would have been obvious to modify the combination of Laumeier, Sugiyama, and Schmidt to obtain the invention as specified in claim 1.
Alternatively, Sprenger teaches a carriage (10, fig 1) for a seat track assembly (1, fig 1), wherein the carriage is configured to accommodate ball bearings having diameters in a range of 3 mm to 10 mm, preferably 4 mm to 7 mm, and most preferably exactly 5 mm (see paragraph 0010), wherein ball bearings in an upper holding section and ball bearings in a lower holding section can have different diameters (see paragraph 0010).
Sprenger is analogous art because it is at least from a similar problem solving area, i.e., bearings. Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to form (i) the first aperture (Laumeier: see Figure 1), the at least two first retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14), and the at least two second retainers (Sugiyama: 16a, fig 5, col 6, lines 6-14) and (ii) the second aperture (Laumeier: see Figure 1), the at least two third retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14), and the at least two fourth retainers (Sugiyama: 16a, fig 5, col 6, lines 6-14) to be configured to accommodate ball bearings having diameters (Schmidt: see Figures 5-8, see abstract, see paragraphs 0005, 0010, and 0011; Sugiyama: see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18) between about 4.6 mm and about 5.4 mm, based on the teaching of Sprenger, with a reasonable expectation of success, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. The motivation would have been to provide a workable and preferable range of diameters for the ball bearings to be usable with the carriage (Laumeier: 40, fig 1) for different designs or to compensate for manufacturing tolerances. Therefore, it would have been obvious to modify the combination of Laumeier, Sugiyama, and Schmidt, based on the teaching of Sprenger, to obtain the invention as specified in claim 1.
Regarding claim 2, wherein the at least two first retainers are rotationally offset relative to the at least two second retainers (Sugiyama: see Figures 4 and 5, see col 6, lines 6-14).
Regarding claim 3, wherein the second portion further includes at least two fifth retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14) protruding outward from the third face and extending over a non-apertured area (Sugiyama: see Figures 4 and 5, the surface area surrounding all the pockets 15) of the third face (Sugiyama: see Figures 4 and 5).
PNG
media_image3.png
618
488
media_image3.png
Greyscale
[AltContent: textbox (The upper portion of the fifth retainer (16b) above the horizontal dashed line extends over the aperture (15).)]
[AltContent: textbox (The aperture (15) is formed above the horizontal dashed line.)][AltContent: arrow]
[AltContent: arrow]
[AltContent: connector]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (The lower portion of the fifth retainer (16b) below the horizontal dashed line extends over the non-apertured area surrounding the aperture (15).)][AltContent: arrow]
[AltContent: textbox (Non-apertured Area)]
[AltContent: textbox (Annotation of Enlarged Portion of Figure 4 of Sugiyama)]
[AltContent: textbox (Non-apertured Area
(Inner Side Area Surrounding All Pockets 15))]
PNG
media_image2.png
430
608
media_image2.png
Greyscale
[AltContent: textbox (Non-apertured Area
(Inner Side Area Surrounding All Pockets 15))][AltContent: arrow][AltContent: arrow]
[AltContent: arrow]
[AltContent: textbox (Fifth Retainers)][AltContent: arrow]
[AltContent: textbox (Third Retainers)][AltContent: arrow][AltContent: textbox (First Retainers)]
Regarding claim 4, wherein the at least two first retainers are positioned on opposing sides of the first aperture (Sugiyama: see Figures 4 and 5, see col 6, lines 6-14) and the at least two second retainers are positioned on opposing sides of the first aperture (Sugiyama: see Figures 4 and 5, see col 6, lines 6-14).
Regarding claim 5, wherein the at least two first retainers are rotationally offset 90 degrees relative to the at least two second retainers (Sugiyama: see Figures 4 and 5, see col 6, lines 6-14).
Regarding claims 6 and 8, Laumeier, as modified by Sugiyama and Schmidt (alternatively, as modified by Sugiyama, Schmidt, and Sprenger) with respect to claim 1, does not explicitly teach the carriage, [claim 6] wherein the first diameter is the same as the third diameter; [claim 8] wherein the second diameter is the same as the fourth diameter.
Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to set the first diameter to be the same as the third diameter, and set the second diameter to be the same as the fourth diameter, with a reasonable expectation of success, since such a modification would have involved a mere change in the size of a component(s). A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). The motivation would have been to ease the manufacturing and assembly processes by conveniently using ball bearings of the same size. Therefore, it would have been obvious to modify the combination of Laumeier, Sugiyama, and Schmidt (alternatively, the combination of Laumeier, Sugiyama, Schmidt, and Sprenger) to obtain the inventions as specified in claims 6 and 8.
Regarding claim 7, Laumeier, as modified by Sugiyama and Schmidt (alternatively, as modified by Sugiyama, Schmidt, and Sprenger) with respect to claim 1, does not explicitly teach the carriage, wherein the first diameter is different than the third diameter.
Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to set the first diameter to be different than the third diameter, with a reasonable expectation of success, since such a modification would have involved a mere change in the size of a component(s). A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). The motivation would have been to provide the lower ball bearings with a larger bearing size to enhance support the upper rail of Laumeier. Therefore, it would have been obvious to modify the combination of Laumeier, Sugiyama, and Schmidt (alternatively, the combination of Laumeier, Sugiyama, Schmidt, and Sprenger) to obtain the invention as specified in claim 7.
Regarding claim 9, wherein the second aperture is a single aperture defined by the second portion (Laumeier: see Figure 1, the second aperture is a single aperture, which is defined by the second portion 422; in fact, each of the two apertures defined by the second portion 422 is a single aperture defined by the second portion 422; note that the term "single" is commonly known to mean "[s]eparate from others; individual and distinct" at https://www.thefreedictionary.com/single, last accessed 06/26/2026).
Regarding claim 10, wherein each of the at least two first retainers and each of the at least two third retainers are vertically aligned (Laumeier: see Figures 1 and 2b; Sugiyama: see Figures 4 and 5; Laumeier, with the retainers of Sugiyama, would have the identical orientation of the retainers as the present application).
Regarding claim 11, wherein the at least two second retainers and the at least two fourth retainers are in parallel and non-coincidental (Laumeier: see Figures 1 and 2b; Sugiyama: see Figures 4 and 5; Laumeier, with the retainers of Sugiyama, would have the identical orientation of the retainers as the present application).
Regarding claim 12, wherein the first portion defines a third aperture adjacent the first aperture (Laumeier: see Figure 1), wherein the first portion includes (i) at least two fifth retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14) protruding outward from the first face and extending at least partially over the third aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16b extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15) and (ii) at least two sixth retainers (Sugiyama: 16a, fig 5, col 6, lines 6-14) protruding outward from the opposing second face and extending at least partially over the third aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16a extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15).
Regarding claim 13, wherein the third aperture has the first diameter (Laumeier: see Figure 1), and wherein the at least two fifth retainers and the at least two sixth retainers define the second diameter (Sugiyama: see Figures 1-5).
Regarding claim 14, wherein the flange is a first flange (Laumeier: 42, fig 1, the left roller housing 42), wherein the carriage further comprises a second flange (Laumeier: 42, fig 1, the right roller housing 42) coupled to the opposing second end of the elongated body (Laumeier: see Figure 1).
Regarding claim 15, wherein a plane intersects each of the at least two first retainers and each of the at least two third retainers (Laumeier: see Figures 1 and 2b; Sugiyama: see Figures 4 and 5; Laumeier, with the retainers of Sugiyama, would have the identical orientation of the retainers as the present application).
Regarding claim 17, Laumeier, as modified by Sugiyama and Schmidt (alternatively, as modified by Sugiyama, Schmidt, and Sprenger) – see above discussions with respect to claim 1, teaches the carriage, wherein (a) the at least one of the two first retainers or the two second retainers are configured to elastically deform (Sugiyama: see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18; Schmidt: see Figures 5-8, see paragraphs 0010 and 0011) and (b) the at least one of the two third retainers or the two fourth retainers are configured to elastically deform (Sugiyama: see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18; Schmidt: see Figures 5-8, see paragraphs 0010 and 0011) such that (i) the first aperture, the two first retainers, and the two second retainers and (ii) the second aperture, the two third retainers, and the two fourth retainers are configured to accommodate ball bearings of different diameters (Schmidt: see Figures 5-8, see abstract, see paragraphs 0005, 0010, and 0011; Sugiyama: see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18) ranging between about 4.6 mm and about 5.4 mm (see discussions with respect to claim 1 above for the claimed range).
Regarding claim 19, Laumeier, as modified by Sugiyama and Schmidt (alternatively, as modified by Sugiyama, Schmidt, and Sprenger) – see above discussions with respect to claim 1, does not explicitly teach the carriage, wherein the first diameter is about 5.4 mm, and wherein the second diameter is about 4.0 mm.
Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to set the first diameter to be about 5.4 mm, and set the second diameter to be about 4.0 mm, with a reasonable expectation of success, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. The motivation would have been to provide satisfactory support to the upper rail of Laumeier while ensuring the ball bearings to be adequately held to the carriages of Laumeier. Therefore, it would have been obvious to modify the combination of Laumeier, Sugiyama, and Schmidt (alternatively, the combination of Laumeier, Sugiyama, Schmidt, and Sprenger) to obtain the invention as specified in claim 19.
Regarding claim 20, Laumeier, as modified by Sugiyama and Schmidt (alternatively, as modified by Sugiyama, Schmidt, and Sprenger) – see above discussions with respect to claim 1, teaches a seat track assembly (Laumeier: 10, fig 1) for mounting a seat (Laumeier: col 3, lines 1-10) within a vehicle (Laumeier: col 3, lines 1-10), the seat track assembly comprising: a first track (Laumeier: 20, fig 1) configured to couple to the seat (Laumeier: col 3, lines 11-17); a second track (Laumeier: 30, fig 1) configured to couple to a surface of the vehicle (Laumeier: col 3, lines 11-17); and a carriage (Laumeier: 40, fig 1) disposed at least partially between the first track and the second track (Laumeier: see Figures 1 and 2B), the carriage configured to slidably couple the first track and the second track (Laumeier: col 3, lines 39-52), the carriage comprising: an elongated body (Laumeier: 410, fig 1, see annotation, the middle body of the roller cage 40) having a first end (Laumeier: 411, fig 1, see annotation) and an opposing second end (Laumeier: 412, fig 1, see annotation), and a flange (Laumeier: 42, fig 1, the left roller housing 42) coupled to the first end of the elongated body (Laumeier: see Figure 1), the flange including: a first portion (Laumeier: 421, fig 1, see annotation, the lower portion of the roller housing 42) having a first face and an opposing second face (Laumeier: see Figures 1 and 2B), the first portion defining a first aperture having a first diameter (Laumeier: see Figures 1 and 2B), the first portion including (i) at least two first retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14) protruding outward from the first face and extending at least partially over the first aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16b extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15) and (ii) at least two second retainers (Sugiyama: 16a, fig 5, col 6, lines 6-14) protruding outward from the opposing second face and extending at least partially over the first aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16a extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15), the at least two first retainers and the at least two second retainers defining a second diameter that is less than the first diameter (Sugiyama: see Figures 1-5), and a second portion (Laumeier: 422, fig 2, see annotation, the upper portion of the roller housing 42) extending from the first portion at an angle (Laumeier: see Figures 1 and 2B), the second portion having a third face and an opposing fourth face (Laumeier: see Figures 1 and 2B), the second portion defining a second aperture having a third diameter (Laumeier: see Figures 1 and 2B), the second portion including (i) at least two third retainers (Sugiyama: 16b, fig 5, col 6, lines 6-14) protruding outward from the third face and extending at least partially over the second aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16b extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15) and (ii) at least two fourth retainers (Sugiyama: 16a, fig 5, col 6, lines 6-14) protruding outward from the opposing fourth face and extending at least partially over the second aperture (Sugiyama: see Figures 1-5; for example, as shown in Figures 2 and 5, each claw 16a extends at least partially over the pocket 15 by curving radially inwardly from the periphery of the pocket 15 to retain the rolling element 9 within the pocket 15), the at least two third retainers and the at least two fourth retainers defining a fourth diameter that is less than the third diameter (Sugiyama: see Figures 1-5); wherein (i) the first aperture, the at least two first retainers, and the at least two second retainers and (ii) the second aperture, the at least two third retainers, and the at least two fourth retainers are configured to accommodate ball bearings having diameters (Schmidt: see Figures 5-8, see abstract, see paragraphs 0005, 0010, and 0011; Sugiyama: see Figures 1-5, see col 4, lines 10-13, col 6, lines 6-18) between about 4.6 mm and about 5.4 mm (see discussions with respect to claim 1 above for the claimed range).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Guang H Guan whose telephone number is (571)272-7828. The examiner can normally be reached weekdays (10:00 AM - 6:00 PM).
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, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/G. H. G./Examiner, Art Unit 3631
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631
Prosecution Insights