DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation are:
“a guide device for sliding the sliding cover in a guided manner” in claim 1. The guide device is described in line 2 of page 13 as “rollers and/or gliders” and is being interpreted to cover rollers and/or gliders described in the specification as performing the claimed function, and equivalents thereof.
“a holding element for holding the sliding cover in one position” in claim 1. The holding element is shown as reference numeral 5 in figure 6 and is being interpreted to cover slidable latch bolts as described in the drawings as performing the claimed function, and equivalents thereof
“an actuating element for releasing the holding element by means of a release movement” in claim 1. The actuating element is described in paragraph 0045 of the specification as a grip bar and is being interpreted to cover grip bars as described in the specification as performing the claimed function, and equivalents thereof.
“at least one energy storage arrangement for returning the holding element from the released position to the holding position” in claim 5. The at least one energy storage arrangement is described in paragraph 0048 as leg spring and is being interpreted to cover leg springs as described in the specification as performing the claimed function, and equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The examiner also considered if the phrase “a deflecting device for transmitting the release movement between the actuating element and the holding element” should also be interpreted under 112(f). However, this deflecting device is modified by sufficient structure to perform the claimed function, namely the “sliding element” and “rotating element” also in the claims. The examiner considered whether “sliding element” and “rotating element” also invoked 112(f) but determined that these terms have a known meaning in the lock/latch art that would preclude such an interpretation.
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 at least one energy storage arrangement being arranged between the sliding cover and the center console in claim 11 must be shown or the feature canceled from the claim. While an energy storage arrangement 15 is shown by the drawings, it is not between the sliding cover and the center console as claimed. 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.
Claim 11 is 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. There is no description or drawing of an energy storage arrangement between the sliding cover and center console.
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.
Claim 11 is 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.
In claim 11, applicant claims “at least one energy storage arrangement is arranged between the sliding cover and the center console”. However, applicant’s included reference numeral 15 which identifies an energy storage arrangement is not described or shown by the drawings to be between the sliding cover and the center console.
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 1-3, 5, 7, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson et al. (US Patent Application Publication 2016/0340942).
Re claim 1, Anderson et al. discloses a sliding cover (22, figure 2A) for a center console (36, figure 2A) of a motor vehicle comprising a guide device (gliders 48, figure 4) for sliding the sliding cover in a guided manner, a holding element (54L or 54R in figure 4) for holding the sliding cover in one position; an actuating element (52, figure 5) for releasing the holding element by means of a release movement, a deflecting device for transmitting the release movement between the actuating element and the holding element, wherein the deflecting device comprises a sliding element (68, figure 5) and a rotating element (83) arranged on the sliding cover, and the sliding cover can be slid in a guided manner by means of the guide device when the holding element is released.
Re claim 2, the sliding cover can be displaced translationally by means of the guide device (the translational movement of the cover can be seen by comparing drawings 2A to 2B).
Re claim 3, the sliding direction of the sliding cover and the movement direction of the actuating element are the same (when the sliding cover is slid to the open direction, the actuating element also moves along with the sliding cover in the same direction as they are both attached together).
Re claim 5, at least one energy storage arrangement (86 figure 5) for returning the holding element (54L or 54R) from the released position to the holding position is provided.
Re claim 7, Anderson et al. discloses a center console for a motor vehicle comprising at least one storage compartment (44, figure 2B) with at least one guide rail (40, figure 2c) and the least one sliding cover (22, figure 4) of claim 1, wherein at least one of the sliding covers is guided in at least one of the guide rails by means of the guide device (gliders 48, figure 4), the at least one storage compartment is configured to be closed at least partly by at least one of the sliding covers.
Re claim 8, a blocking arrangement (46, figure 2) for the respective holding element and configured on at least two positions of the at least one guide rail.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson (US Patent 10,604,974).
Re claim 1, Anderson discloses a sliding cover for a center console of a motor vehicle comprising a guide device (as shown in figure 3B, the cover 2 is guided by tracks along its movement path and thus the portion of the cover fitting in the tracks is the guide device) for sliding the sliding cover in a guided manner, a holding element (the tip of 22 in figure 10A that fits in aperture) for holding the sliding cover in one position; an actuating element (24, figure 10B) for releasing the holding element by means of a release movement, a deflecting device for transmitting the release movement between the actuating element and the holding element, wherein the deflecting device comprises a sliding element (26, figure 10A) and a rotating element (the rotating portion of 22 that interacts with 26) arranged on the sliding cover, and the sliding cover can be slid in a guided manner by means of the guide device when the holding element is released.
Re claim 2, the sliding cover can be displaced translationally by means of the guide device (as shown by comparing figures 3A and 3B).
Re claim 3, the sliding direction of the sliding cover and the movement direction of the actuating element are the same (this is shown by figure 4B which shown the directional movement of 24 and figure 3B which shown the movement direction of the sliding cover) .
Re claim 4, the sliding cover has two sliding directions and the actuating element has an actuating direction that is oriented in the same direction as the respective sliding directions (this is shown by figure 4B which shown the directional movement of 24 and figure 3B which shown the movement direction of the sliding cover) .
Re claim 5, at least one energy storage arrangement (spring 23 in figure 9) for returning the holding element from the released position to the holding position is provided.
Re claim 6, the actuating element (24 is rotatable as shown in figure 9) is configured to be rotatable for releasing the holding element.
Re claim 7, Anderson et al. discloses a center console (10, figure 2A) for a motor vehicle comprising at least one storage compartment (V in figure 3B) with at least one guide rail (the guide rail is unmarked but shown in figure 3B) and the least one sliding cover of claim 1, wherein at least one of the sliding covers is guided in at least one of the guide rails by means of the guide device, the at least one storage compartment is configured to be closed at least partly by at least one of the sliding covers (as shown by figure 3B).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Anderson et al. (US Patent Application Publication 2016/0340942) in view of Zimmermann (US Patent Application Publication 2020/0077794).
Anderson et al. discloses all the limitations of the claim, as applied above, except for at least one rotary brake arranged on the at least one sliding cover and/or the at least one guide rail for slowing down the at least one sliding cover.
Zimmermann teaches at least one rotary brake (142 figure 3) arranged on at least one sliding device (118, figure 1) and/or the at least one guide rail (the portion of 112 that surrounds 118) for slowing down the at least one sliding device.
It would have been obvious to one of ordinary skill in the art to modify a sliding cover for a center console, such as that disclosed by Anderson et al., to have at least one rotary brake arranged on the at least one sliding cover and/or the at least one guide rail for slowing down the at least one sliding cover, as taught by Zimmermann, with a reasonable expectation of success, in order to keep the sliding cover from being slammed and damaged.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Anderson et al. (US Patent Application Publication 2016/0340942) in view of Iriguchi et al. (US Patent 9,487,241) and Evans et al. (US Patent Application Publication 2010/0156129).
Anderson et al. discloses all the limitations of the claim, as applied above, except for a first sliding cover configured to at least partly close the at least one storage compartment, and a second sliding cover configured as a center armrest and to at least partly close a storage compartment.
Iriguchi et al. teaches a first sliding cover (7, figure 4) configured to at least partly close at least one storage compartment (33, figure 4), and a second cover (8, figure 4) configured as a center armrest and to at least partly close a storage compartment (30).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a center console, such as that disclosed by Anderson et al., to have a first sliding cover configured to at least partly close at least one storage compartment, and a second cover configured as a center armrest and to at least partly close a storage compartment, as taught by Iriguchi et al., with a reasonable expectation of success, in order to provide additional storage space in the vehicle.
Evans teaches an armrest (44, figure 3) being slidable (as shown in figure 4).
It would have been further obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to modify a second cover configured as a center armrest and to at least partly close a storage compartment, as disclosed by the combination of Anderson et al. and Iriguchi et al. above, to have the second cover also be slidable, as taught by Evans, with a reasonable expectation of success, in order to allow the armrest to be adjusted for the comfort of the user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references all disclose movable vehicle doors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason S Morrow whose telephone number is (571)272-6663. The examiner can normally be reached Monday through Friday, 7:30 a.m.-5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON S MORROW/ Primary Examiner, Art Unit 3612
January 24, 2026