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.
Claim 7-9 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. In claim 7, the phrase “the associated bottom rail” lacks antecedent basis and claim 9, the phrases “the bottom rail” and “upper rail” have no antecedent basis.
Claim Rejections - 35 USC § 102
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) 1-20 as best understood is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goy et al (EP 1188603A1). Goy et al. shows the use of an adjustment device (304,305,404,405) for adjustment of the position of a vehicle seat (1) in a longitudinal direction, comprising: at least one pair of rails (304,305,404,405) comprising a first, fixed rail (305,405) and a second rail (304,404) movably guided in the longitudinal direction (x) relative to the first rail; and an ancillary locking device (311,411); wherein the ancillary locking device comprises a plurality of first locking structures (324, 426) formed on or connected to the second rail and a plurality of second locking structures (325,427) formed corresponding to the first locking structures and formed on or connected to the first rail, and the ancillary locking device is not active in a normal mode and, after introduction of forces in the event of a crash, causes an additional locking of the second rail to the first rail by positively locking of the first and second locking structures to one another, characterized in that the first and second locking structures are arranged on both sides of the respective pair of rails (as shown in Fig. 2) and at regular distances from each other in the longitudinal direction (x), wherein the first locking structures or the second locking structures are arranged offset with respect to one other in the longitudinal direction (Figs. 7-8) on the two sides of the respective pair of rails. Regarding claims 2, 13 and 19, Goy et al., shows that the first locking structures or the second locking structures are each arranged spaced apart from each other in the longitudinal direction by a predetermined increment (Figs. 7-8) on the two sides of the respective pair of rails, and the first locking structures or the second locking structures are each arranged offset from each other in the longitudinal direction by an integer fraction n of the predetermined increment on the two sides of the respective pair of rails (see Figs. 7-8). Regarding claims 3,14 and 20 the integer fraction is inherently n=2 as a result of the fact there are twice as many locking structures arranged along the longitudinal direction in regards to the fixed rail that are offset from the locking structures being spaced along the longitudinal direction of the second movable rail. Regarding claims 4-6, and 15-17, the first locking structures on the two sides of the respective pair of rails each form a toothing (Figs. 7-8) comprising a plurality of locking teeth and a plurality of tooth gaps arranged between the locking teeth and wherein the second locking structures each form, on the two sides of the respective pair of rails, a toothing (324) comprising a plurality of locking teeth and a plurality of tooth gaps arranged between the locking teeth, or a hole pattern (325) comprising a plurality of recesses (Figs. 7), a plurality of intermediate webs separating the recesses, and a connecting web connecting the intermediate webs. The lengths of the recesses of the respective hole pattern in the longitudinal direction are greater than the lengths of (tips of) the associated locking teeth of the respective toothing (Fig. 7). Regarding claims 7-8, the hole wherein the hole pattern (325) is inherently formed respectively at the front end of lateral legs, which are formed on both sides and corresponding to a profile of connecting legs (as shown in Figs. 4-5) of “the associated bottom rail” (305) (which is the same rails as the other embodiments) and is connected to the second rail by a connecting plate as a result of the locking device (311). Regarding claim 9, the first locking structures or the second locking structures are formed on both sides of an embracing section (the sidewall) of the bottom rail with the associated upper rail (Figs. 7-8). Regarding claim 10, the ancillary locking device is connected to a belt adapter (312, 412) of a safety belt system whereby the first locking structure is connected thereto (as shown in Figs 7-8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference Nos. 4,787,667, AU 595611B2 and DE 202004003359U1 show features of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D BARFIELD whose telephone number is (571)272-6852. 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. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY D BARFIELD/Primary Examiner, Art Unit 3636
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November 15, 2025