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 .
This is the first Office Action for the serial number 18/432,536, VEHICLE SEAT STRUCTURE AND VEHICLE SEAT, filed on 2/5/24.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the longitudinal guiding device as described in the specification. The drawings in applicant’s invention only show one straight line of the longitudinal guiding device (#3, #4). It is not clear how it provides the guiding for the vehicle seat structure. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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 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 1-8 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, line 3-4, “the seat frame part being supported for being pivoted about a pivot axis” should be changed to ---the seat frame part is pivoted about a pivot axis--- for clarification.
Claim 1, lines 4-5, “so that by pivoting the seat frame part about the pivot axis the inclinations of the longitudinal section and of the back section are adjusted in a common adjusting movement” should be changed to ---wherein the pivot bearing pivots the seat frame part about the pivot axis to incline the backrest section with respect to the longitudinal section.---
Claim 1, lines 7-8, “which is guided for being displaced on the backrest section” is indefinite because it is not clear what the applicant meant by “guided for being displaced”?
Claim 1, lines 9-10, “wherein by means of a displacement of the seat cushion frame part relative to the backrest section of the seat frame part the height of the seat cushion frame part is adjust” is indefinite, it should be changed ---wherein the height of seat cushion frame part is adjusted with respect to the backrest section of the seat frame part--- for clarification.
Claim 1, lines 13-14, “for being displaced in a longitudinal direction relative to a longitudinal guiding device” is indefinite because it is not clear what is a “longitudinal guiding device”? It should be changed to ---for being displaced in a longitudinal direction relative to the longitudinal section--- for clarification.
Claim 4, line 2, “brought about” should be changed to ---adjusted--- for clarification.
Claim 7, line 2, “brought about” should be changed to ---adjusted--- for clarification.
Claim 8 recites the limitation "the seat pan frame part" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-8 are rejected as depending on rejected claim 1.
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, 4 and 7-8 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent # 6,030,043 to Habedank.
Habedank teaches a vehicle seat structure comprising a seat frame part having a longitudinal section (14) and a back rest section (2). The seat frame pat is pivoted about a pivot axis by a pivot bearing (10), wherein the pivot bearing pivots the seat frame part about the pivot axis to incline the back section with respect to the longitudinal section. The structure includes a seat cushion part (6) which is connected to the back rest section of the frame part. The seat cushion frame part is linked by a coupling pivot bar (13) to the longitudinal section of the seat frame part. Wherein the height of the seat cushion frame part is adjusted with respect to the backrest section of the seat frame part. The structure includes a first guiding device (10a) and a second guiding device (13a) which guide the pivot bearing and the coupling pivoting bar for being displaced in a longitudinal direction relative to a longitudinal guiding device (7). The displacement of the seat cushion frame part relative to the backrest section of the seat frame part can be adjusted by a spindle drive. Wherein a pivoting of the seat frame part about the pivot axis can be adjusted by a spindle drive. Wherein a backrest cushion is held on the backrest seat of the seat frame part and a seat cushion is held on the seat cushion frame part.
Allowable Subject Matter
Claims 2-3 and 5-6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US Patent # 5,967,471 to Borlinghaus et al.
US Patent # 6,517,157 to Vorac
US Patent Application Publication # 2004/0075322 to Jaeger et al.
US Patent # 6,776,454 to Aubert et al.
US Patent Application Publication # 2010/0102586 to Jungert et al.
US Patent Application Publication # 2010/0253110 to Yamada et al.
US Patent Application Publication # 2013/0169015 to Perraut et al.
US Patent Application Publication # 2018/0163779 to Sugiyama et al.
The cited references above teach an adjustable vehicle seat.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED J WUJCIAK whose telephone number is (571)272-6827. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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, David Dunn can be reached at 571-272-6670. 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.
ALFRED J. WUJCIAK III
Primary Examiner
Art Unit 3632
/ALFRED J WUJCIAK/Primary Examiner, Art Unit 3636 5/21/26
Prosecution Insights