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 § 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) 12 and 19-20 as best understood is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Couasnon (5,772,173). Couasnon shows the use of an ancillary locking device (14,25,41-44) for an adjustment device for adjustment of the position of a vehicle seat in a longitudinal direction, comprising: at least one pair of rails (1,2) comprising a first, fixed rail (2) and a second rail (1) movably guided in the longitudinal direction (Figs. 1-2) relative to the first rail; wherein the ancillary locking device comprises a plurality of first (48) and third locking structures (25) arranged on a first side of the pair of rails and plurality of second (25) and fourth (48) locking structures arranged a second side of one of the pair of rails (Fig. 3). The first and second locking structures are offset from one another in the longitudinal direction (as shown in Fig. 2 as the notches don’t have to be aligned with teeth until the rail is moved into position). Regarding claim 19, Couasnon shows that the first and second locking structures or the third and fourth locking structures are each arranged spaced apart from each other in the longitudinal direction by a predetermined increment (Figs. 1-2). Regarding claim 20 the integer fraction is inherently n=2 as a result of the fact distance between the plurality of first locking structures (48) are K*p +p/2, as the p is the pitch of the second locking structures.
Allowable Subject Matter
Claims 1-8, 10-11, and 13-18 are allowed over the prior art made of record.
Response to Arguments
Applicant’s arguments with respect to claim(s) 12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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June 27, 2027
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