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 .
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 “key portions and the protrusion portion have outer surface form in a spherical shape” as recited in claim 14 must be shown or the features canceled from the claim. 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 § 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, 6-10, and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Falk (DE19616680 A1).
In Re claim 1, Falk discloses a braking device for an vehicle seat (Title), comprising: a housing (6) with a through hole for a shaft (7), accommodation space (6b), and a key portion (6a); a fixture (3) supported by a spring (5) and having a protrusion portion (3g) which engages the key portion; and a release lever (1, 2) installed above the fixture and configured to press the fixture downwards so as to release the engagement of the protrusion portion and the key portion, thereby enabling rotation of the shaft and the fixture (see claim 1).
In Re claim 2, see plurality of key portions (6a).
In Re claim 3, see pressing portion (2) in figs. 2 and 2a.
In Re claim 4, see inclined portions of the pressing portion (2a, 2b) in fig. 2a.
In Re claim 6, see protrusion portion (3g) and key portion (6a) in fig. 2.
In Re claim 7, if no rotational force is applied, the entire assembly returns to its original same braked position upon release of force.
In Re claim 8, see pressing portion (2) in figs. 2 and 2a, which interacts with and rotated the fixture (3).
In Re claim 9, the fixture (3) rotates with the rotating portion of the release lever (2) (see figs. 2 and 2a).
In Re claim 10, the key portions (6a) prevent rotation of the protrusion portions (3g).
In Re claim 12, see fixed ribs (central portion of 2) in figs. 2a and 3.
In Re claim 13, see support rib (7b) which supports the bottom of the fixture (3).
In Re claim 14, as best understood, the keys and protrusions are formed in a similar shape as applicant’s invention.
In Re claim 15, see spring (5), which is constrained between the housing (6) and the fixture (3).
Allowable Subject Matter
Claims 5 and 11 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS W IRVIN whose telephone number is (571)270-3095. The examiner can normally be reached Monday - Friday 9am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at 571-272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS W IRVIN/ Primary Examiner, Art Unit 3616