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 .
Election/Restrictions
Applicant’s election without traverse of Species II, Figures 1 and 7, and claims 1 and 3-19, in the reply filed on November 7, 2025 is acknowledged.
Claim 2 has been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected embodiment of the invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 7, 2025.
Information Disclosure Statement
The information referred to in the IDS filed December 27, 2023 has been considered.
The information referred to in the IDS filed September 19, 2024 has been considered.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show a “position sensor” (note at least ¶ 0012, ¶ 0066, and ¶0078), and “a second element mobile along the straight direction” (note at least ¶ 0078), as described in the specification. 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.
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, “a second element mobile along the straight direction” (claims 4, 5, and 6), and the “position sensor” (see claim 10) 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 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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “the control means of the linear actuator comprise a button” in claim 9, and “the control means of the linear actuator comprise a position sensor” in claim 10.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 3, 5, 6 and 11-19 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 3 recites the limitation "the other side" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation “a second element” in lines 2 to 3. It is unclear if this limitation is intended to be directed to the same structure as “a second element” as recited in claim 4, from which claim 5 depends.
Claim 6 recites the limitation “a second element” in line 3. It is unclear if this limitation is intended to be directed to the same structure as “a second element” as recited in claim 4, from which claim 6 depends.
Claim 11 recites the limitation “a first locking device for the translation of the first mobile rail” in line 4. It is unclear how the first locking device is considered to be “for” translation of an article. Clarification is required. Similarly not “a second locking device for the translation of the second mobile rail” in line 7.
Claim 11 recites “a first locking device” (line 4) and a “second locking device” (line 7). It is unclear is these locking devices are intended to represent the same structure as the previously set forth “first locking device” and “second locking device”, as presented in claims 1 and 4, from which claim 11 depends.
Claims 12-19 are indefinite as each depends from an indefinite claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Note that claim 5 fails to set forth any limitation in addition to those in claim 4, from which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 1, 3-8, 11-13, and 17-19, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Phinney (US9393890).
Note a control system (see Figures 1-4) for locking devices for vehicle seats where the control system comprises: a linear actuator comprising a chassis (16, 22, 16) and an element (14) mobile along a straight direction (fore-aft) relative to the chassis; and a first pivoting arm (12), where a first end (top end of 12 as shown in Figure 3) of the first pivoting arm is connected to the mobile element of the linear actuator, and a second end (bottom end of 12 as shown in Figure 3) of the first pivoting arm is adapted to push, respectively pull, a first pin (8) of a first locking device (8, hole in the unlabeled quasi-quadrilateral shaped member as shown in Figure 3) when the mobile element of the linear actuator is moved “relative to” the chassis, in order to control locking or unlocking of the first locking device.
Regarding claim 3, note a first connecting rod (10) mounted pivoting “relative to” the first end of the first pivoting arm, on a one side (top or bottom end of 10), and to an end of the mobile element, on the other side (the other of the top or bottom end of 10).
Regarding claim 4, note a second pivoting arm (other 12, as shown in Figure 2), where a first end (top end of the other 12) of the second pivoting arm is connected to one among the chassis of the linear actuator and a second element (other 14, as shown in Figure 2) mobile along the straight direction “relative to” the chassis, and a second end (bottom end of the other 12) of the second pivoting arm is adapted to push, respectively pull, a second pin (other 8, as shown in Figure 2) of a second locking device (other 8, hole in the unlabeled quasi-quadrilateral shaped member, as shown in Figure 2) when at least one among the mobile element and the second mobile element is moved “relative to” the chassis, in order to control locking or unlocking of the second locking device.
Regarding claim 5, note the first end of the second pivoting arm is connected to one among the chassis of the linear actuator and a second element mobile along the straight direction “relative to” the chassis. See Figure 2.
Regarding claim 6, note a second connecting rod (other 10 as shown in Figure 2) mounted pivoting both “relative to” the first end of the second pivoting arm and relative to one among the chassis of the linear actuator and a second element mobile (other 14, as shown in Figure 2) along the straight direction relative to the chassis.
Regarding claim 7, note the first and second pivoting arms are each arranged on one respective side of the linear actuator. See Figure 2.
Regarding claim 8, note means of control (26) of the linear actuator.
Regarding claim 11, note a track mechanism (7, unlabeled quasi-quadrilateral shaped member, as shown in Figure 2) for a vehicle seat comprising: a first track comprising a first rail (unlabeled quasi-quadrilateral shaped member) mobile relative to a first fixed rail (7); a second track (opposite side 7, opposite side unlabeled quasi-quadrilateral shaped member, as shown in Figure 2) comprising a second rail (opposite side unlabeled quasi-quadrilateral shaped member) mobile relative to a second fixed rail (opposite side 7); a first locking device (note the description regarding claim 1, above) for the translation of the first mobile rail relative to the first fixed rail, where the first locking device comprises a first pin controlling a locking or unlocking of the first locking device; a second locking device (note the description regarding claim 4, above) for the translation of the second mobile rail relative to the second fixed rail, where the second locking device comprises a second pin controlling a locking or unlocking of the second locking device; a control system (note the description regarding claim 4, above) according to claim 4, where the control system is capable of moving the first and second pivoting arms so that the second end of the first pivoting arm pushes, respectively pulls, the first pin of the first locking device in order to control locking or unlocking of the first locking device and the second end of the second pivoting arm pushes, respectively pulls, the second pin of the second locking device in order to control locking or unlocking of the second locking device.
Regarding claim 12, note at least one among a first play (note the pivot head at the lower end of 12 and at the top of 8, 9, as shown in Figure 2, which has an adjustable screw/nut assembly) between the second end of the first pivoting arm and the first pin of the first locking device and a second play (note the pivot head at the lower end of the opposite side 12 and at the top of the opposite side 8, 9, as shown in Figure 2, which has an adjustable screw/nut assembly) between the second end of the second pivoting arm and the second pin of the second locking device. Note that the screw/nut assembly is selectively adjustable, and is there capable of adjusting the spacing (i.e. play) between the pin and pivoting arm (i.e. play).
Regarding claim 13, note at least one among the first play and the second play is capable of being selectively adjusted to between 1 mm and 2 mm by turning the screw and nut relative to one another.
Regarding claim 17, note a vehicle seat assembly comprising an automotive vehicle seat (see line 1 of the abstract) with a vehicle seat bottom(see line 18, column 2) and a track mechanism according to claim 11 (note the description regarding claim 11, above), where the seat bottom of the vehicle seat is fixed (when locked) to the first and second mobile rails.
Regarding claim 18, note the first pivoting arm is mounted pivoting around a first axis of rotation (at the joint where 10, 12, and 14 intersect, as shown in Figure 4), where the first end “and/or” the second end of the first pivoting arm is arranged vertically below the first axis of rotation.
Regarding claim 19, note the second pivoting arm is mounted pivoting around a second axis of rotation (at the joint where the opposite end 10, 12, and 14 intersect, as shown in Figure 2), where the first end “and/or” the second end of the second pivoting arm is arranged vertically below the second axis of rotation.
Claim(s) 1, 4, 5, 7-9, 11, 12, and 14-19, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beneker et al (US9676298).
Note a control system for locking devices for vehicle seats where the control system comprises: a linear actuator (60, 36, 47, 52, 54) comprising a chassis (47) and an element (54) mobile along a straight direction (left-right) relative to the chassis; and a first pivoting arm (56), where a first end (at 57, 58) of the first pivoting arm is connected to the mobile element of the linear actuator, and a second end (between 56 and 24) of the first pivoting arm is adapted to push, respectively pull, a first pin (latching pin of 24 as shown in Figures 2 and 3; see line 52 in column 5) of a first locking device (24) when the mobile element of the linear actuator is moved “relative to” the chassis, in order to control locking or unlocking of the first locking device.
Regarding claim 4, note a second pivoting arm (other 56 on the opposite side), where a first end (at 57) of the second pivoting arm is connected to one among the chassis of the linear actuator and a second element (60) mobile along the straight direction (left-right) “relative to” the chassis, and a second end (between 56 and 22) of the second pivoting arm is adapted to push, respectively pull, a second pin (latch pin of 22) of a second locking device (other 22) when at least one among the mobile element and the second mobile element is moved “relative to” the chassis, in order to control locking or unlocking of the second locking device.
Regarding claim 5, note the first end of the second pivoting arm is connected to one among the chassis of the linear actuator and a second element (60) mobile along the straight direction “relative to” the chassis. See Figures 2 and 3.
Regarding claim 7, note the first and second pivoting arms are each arranged on one respective side of the linear actuator. See Figures 2 and 3.
Regarding claim 8, note means of control of the linear actuator. See lines 17-18 in column 4.
Regarding claim 9, note the control means of the linear actuator comprise a button. See line 25 in column 6.
Regarding claim 11, note a track mechanism for a vehicle seat comprising: a first track (20) comprising a first rail (seat rail) mobile relative to a first fixed rail (floor rail); a second track (opposite side 20) comprising a second rail (opposite side seat rail) mobile relative to a second fixed rail (opposite side floor rail); a first locking device (note the description regarding claim 1, above) for the translation of the first mobile rail relative to the first fixed rail, where the first locking device comprises a first pin controlling a locking or unlocking of the first locking device; a second locking device (note the description regarding claim 4, above) for the translation of the second mobile rail relative to the second fixed rail, where the second locking device comprises a second pin controlling a locking or unlocking of the second locking device; a control system (note the description regarding claim 4, above) according to claim 4, where the control system is capable of moving the first and second pivoting arms so that the second end of the first pivoting arm pushes, respectively pulls, the first pin of the first locking device in order to control locking or unlocking of the first locking device and the second end of the second pivoting arm pushes, respectively pulls, the second pin of the second locking device in order to control locking or unlocking of the second locking device.
Regarding claim 12, note at least one among a first play (joint between 56 and 24) between the second end of the first pivoting arm and the first pin of the first locking device and a second play (joint between 56 and 22) between the second end of the second pivoting arm and the second pin of the second locking device.
Regarding claim 14, note the first track and the second track extend parallel to a longitudinal direction of the tracks, where the straight direction along which the mobile element of the linear actuator is mobile is perpendicular to the longitudinal direction of the tracks. See Figures 1-3.
Regarding claim 15, note the first pivoting arm is mounted pivoting around a first axis of rotation (at 57), where the first axis of rotation is parallel to the longitudinal direction of the tracks. See Figure 1.
Regarding claim 16, note the second pivoting arm is mounted pivoting around a second axis of rotation (opposite side 57), where the second axis of rotation is parallel to the longitudinal direction of the tracks. See Figure 1.
Regarding claim 17, note a vehicle seat assembly comprising an automotive vehicle seat (see Figure 1) with a vehicle seat bottom (26) and a track mechanism according to claim 11 (note the description regarding claim 11, above), where the seat bottom of the vehicle seat is fixed (when locked) to the first and second mobile rails. See Figure 5.
Regarding claim 18, note the first pivoting arm is mounted pivoting around a first axis of rotation (between 54 and 58), where the first end “and/or” the second end (between 56 and 24) of the first pivoting arm is arranged vertically below the first axis of rotation. See Figures 2 and 3.
Regarding claim 19, note the second pivoting arm is mounted pivoting around a second axis of rotation (at 57), where the first end “and/or” the second end of the second pivoting arm is arranged vertically below the second axis of rotation. See Figures 2 and 3.
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beneker et al (US9676298) in view of WO2018187054.
The primary reference shows all claimed features of the instant invention with the exception of the control means of the linear actuator comprises a position sensor.
The secondary reference teaches configuring a linear actuator (100) for adjusting a vehicle seat (1) along a rail assembly (110) with controller device (130) comprising a position sensor (132).
It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of the secondary reference by adding a position sensor to the control means to enhance precise adjustment of the rail assembly to preselected positions. This modification is representative of applying a known technique to a known device that is ready for improvement to yield predictable results.
Conclusion
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mn /MILTON NELSON JR/November 24, 2025 Primary Examiner, Art Unit 3636