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 Rejections - 35 USC § 112
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 1-10 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.
Claim 1 recites the limitation "the gear housing" in line 8. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-4, 7, 9, 11-14, 18, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0048408 A1 to Sprenger in view of US 2022/0227260 A1 to Gregor et al.
Regarding claim 1, Sprenger discloses a longitudinal adjustment assembly for use in a vehicle seat, the longitudinal adjustment assembly comprising: at least one fixed rail (3); at least one translatable rail (4), the at least one translatable rail configured to translate along the at least one fixed rail to adjust a longitudinal position of the vehicle seat (Paragraph [0057]); a spindle (6) supported by the at least one fixed rail; a gearbox (5, 9) configured for attachment to the at least one translatable rail; at least one gear (7, 8) disposed in the gear housing, wherein the at least one gear is configured to be operatively connected to the spindle (7.1 connects to 6, Fig.4D); a motor (12); a transmission member (11) extending from the motor and into the gearbox (Fig.1B), wherein the transmission member is configured to transmit rotational movement from the motor to the at least one gear (Paragraph [0018]; Paragraph [0074); and a pair of spring arms (5.6, Fig.7A-7C), wherein each spring arm (56.2, 56.2) of the pair of spring arms are configured to deflect away from one another as the gearbox is inserted between the pair of spring arms (Fig.7A-7C the projecting member on the distal portion of 56.2 causes the arms 56.2 to move away from one another when engaging the bottom portion of 5), and wherein each spring arm of the pair of spring arms are configured to move towards one another in response to the gearbox being positioned in an installed position (Fig.7C; once the projection member of the distal portion of 56.2 engages the hole 5.4, the spring arms 56.2 move back toward one another).
Sprenger does not specifically disclose a motor bracket including a main body and wherein the main body of the motor bracket carries the motor.
Gregor et al. disclose a motor bracket (70, Fig.2) including a main body (portion holding the motor 60) and wherein the main body of the motor bracket carries the motor (Fig.2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the vehicle seat assembly of Sprenger with a motor bracket as taught by Gregor et al. so to effectively support the motor bracket between the rails thereby ensuring the motor is not damaged or does not bend or skew dud to the weight of the motor bracket attached to the transmission member.
Regarding claim 2, Sprenger discloses wherein the at least one translatable rail is configured to translate in a longitudinal direction to adjust the longitudinal position of the vehicle seat and wherein the gear housing and the pair of spring arms are collectively configured such that the gear housing is inserted between the pair of spring arms along a vertical direction, wherein the vertical direction is substantially orthogonal to the longitudinal direction (Fig.1B and 7A-7C).
Regarding claim 3, Sprenger discloses wherein the pair of spring arms includes a first spring arm (56.2) and a second spring arm (56.2) each having a proximal portion (56.2 near 56.1), a medial portion (middle portion of 56.2), and a distal portion (distal portion of 56.2), the medial portion disposed between the proximal portion and the distal portion (Fig.7A), and wherein the distal portion of the first spring arm extends away from the second spring arm (outer edge of distal portion of 56.2 extends away from each other).
Regarding claim 4, Sprenger discloses wherein at least one spring arm of the pair of spring arms defines at least one cutout configured to facilitate deflection of the at least one spring arm (56.3).
Regarding claim 7, Sprenger discloses wherein the pair of spring arms includes a first spring arm (56.2) and a second spring arm (other 56.2) each having a proximal portion (portion of 56.2 near 56.1), a medial portion (middle portion of 56.2), and a distal portion (distal portion of 56.2), the medial portion disposed between the proximal portion and the distal portion (Fig.7A), wherein the proximal portion of the first spring arm is spaced apart from the proximal portion of the second spring arm by a first width (Fig.7A), and the distal portion of the first spring arm is spaced apart from the distal portion of the second spring arm by a second width (Fig.7A), and wherein the second width is greater than the first width (width between the angled portions of 56.2 is greater than distance between proximal portions of 56.2).
Regarding claim 9, Sprenger discloses wherein the gearbox includes a first gear receptacle (gear receptacle housing spindle 6, gear 7.1, Fig.4D) and a second gear receptacle (receptacle accepting 11 and driver element 8, worm wheel 8.1, Fig.4D), wherein the at least one gear includes a first gear (7.1) and a second gear (8.1), wherein the first gear is disposed in the first gear receptacle and is configured to receive an end portion of the spindle (Fig.4D), wherein the second gear is disposed in the second gear receptacle and is configured to receive an end portion of the transmission member (Fig.4D), and wherein at least one spring arm of the pair of spring arms defines an aperture (56.3), wherein an inner periphery of the aperture of the at least one spring arm is configured to lie along an outer periphery of a portion of the first gear receptacle when the gearbox is in the installed position (Fig.7C).
Regarding claim 11, Sprenger discloses a motor assembly for use in a vehicle seat, the vehicle seat (1) including a translatable rail (4), a fixed rail (3), and a spindle assembly (6), first and second arms (56.2), the first arm defines a first aperture (56.3) and the second arm defines a second aperture (56.3); a motor (12); a spindle gear (5, 9, 7.1) operatively connected to the motor and configured to be operatively connected to the spindle assembly of the vehicle seat (Fig.4D), wherein rotation of the spindle gear actuates the spindle assembly to translate the translatable rail along the fixed rail to adjust a longitudinal position of the vehicle seat (Paragraph [0018]; Paragraph [0074); and a gearbox (5, 9) including a spindle gear receptacle (receptacle of 5, 9 accepting 7.1, Fig.4D) provided with a first end region and a second end region (left and right opening), wherein the spindle gear is disposed in the spindle gear receptacle (Fig.4D), and wherein the first end region is disposed in the first aperture of the first arm and the second end region disposed in the second aperture of the second arm (Fig.4D).
Sprenger does not disclose a motor bracket.
Gregor et al. disclose a motor bracket assembly comprising: a motor bracket (70) including a main body (portion holding motor 60), wherein the main body includes a first lateral edge region (edge from which the first arm extends).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the vehicle seat assembly of Sprenger with a motor bracket as taught by Gregor et al. so to effectively support the motor bracket between the rails thereby ensuring the motor is not damaged or does not bend or skew dud to the weight of the motor bracket attached to the transmission member. Further, the lateral edge of the bracket secured to the arms of the brackets taught by Sprenger enable the motor and the bracket to be secured to the rails.
Regarding claim 12, Sprenger discloses wherein an outer periphery of the first end region and an outer periphery of the second end region are non-uniform (oval shaped 5.4).
Regarding claim 13, Sprenger discloses wherein the outer periphery of the second end region includes a first section and a second section, wherein the first section of the second end region has a substantially curvilinear shape (oval shaped opening 5.4).
Regarding claim 14, wherein the second section is formed by a flat (sides of opening 5.4).
Regarding claim 18, Sprenger discloses a method of assembling a motor assembly for use in a vehicle seat, the method comprising: attaching a motor (12) to a transmission member and rails (11, 3, 4), wherein the assembly includes a first spring arm (56.2) and a second spring arm (56.2); inserting a gearbox (5, 9) between the first spring arm and the second spring arm (Fig.7A-7C) so that the first spring arm deflects outwardly and away from the second spring arm (Fig.7A-7C the projecting member on the distal portion of 56.2 causes the arms 56.2 to move away from one another when engaging the bottom portion of 5); and fixing the gearbox to the motor bracket (through transmission member 11), wherein the fixing step includes the first spring arm deflecting inwardly towards the second spring arm so that the gearbox is fixed to the first spring arm and the second spring arm (Fig.7C; once the projection member of the distal portion of 56.2 engages the hole 5.4, the spring arms 56.2 move back toward one another).
Sprenger does not disclose providing a motor bracket and securing the motor to the motor bracket.
Gregor et al. disclose attaching a motor to a main body of a motor bracket, the main body including a first edge region and a second edge region. Gregor et al. also disclose securing the ends of the motor bracket to the rails of the vehicle seat assembly.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the vehicle seat assembly of Sprenger with a motor bracket as taught by Gregor et al. so to effectively support the motor bracket between the rails thereby ensuring the motor is not damaged or does not bend or skew dud to the weight of the motor bracket attached to the transmission member. Further, the lateral edge of the bracket secured to the arms of the brackets taught by Sprenger enable the motor and the bracket to be secured to the rails.
Regarding claim 19, Sprenger discloses wherein the fixing step includes positioning a first portion of a spindle gear receptacle of the gearbox into an aperture defined by the first spring arm (Fig.7C).
Allowable Subject Matter
Claims 5, 6, 8, 10, 15-17, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to disclose the combination of elements constructing the vehicle seat assembly including the arms of the spring slip and details of the claims thereof.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 272-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635