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.
Claims 24 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 24, it is unclear as to which bearing point the applicant is referring as there is no antecedent basis for the phrase “the bearing point “.
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, 3, 7-8, 17-18 and 21-26 as best understood is/are rejected under 35 U.S.C. 102(a) as being anticipated by Delmas et al (2002/0060488). Delmas et al. shows the use a height-adjustment apparatus of a vehicle seat, comprising (Figs. 1-2) a floor assembly (12), a seat part assembly (6), a pivot element (10a), which is pivotable in relation to the floor assembly and to the seat part assembly, and a drive device (M,18) which is configured to pivot the pivot element in relation to the floor assembly in order to adjust a seat height of the seat part assembly, wherein the drive device comprises a spindle (22), a drive motor (M), and an adjustment gearing (21) which is operatively connected to the spindle and can be driven by the drive motor, wherein the spindle longitudinally extends along a longitudinal axis and is pivotally connected to the floor assembly at a second bearing element (via the motor), and the adjustment gearing is pivotally arranged on the seat part assembly (via the pivot element and support part (19)) relative to the pivot element, and wherein adjustment gearing comprises a gearing assembly (21,22) and a support part (19), on which the gearing assembly is arranged and which is pivotally connected to the pivot element, wherein the pivot element is pivotally connected to the floor assembly via a first bearing element at a first bearing point (13) and the spindle is pivotally connected to said floor assembly via the second bearing element at a second bearing point (23) that is spaced apart from the first bearing point, wherein the pivot element is connected to the seat part assembly at a pivoting location (Fig. 4), and wherein the support part is pivotally mounted on the pivot element by a third bearing element at a third bearing point (20) which is different from the first bearing point, the second bearing point and the pivoting location (as shown in Fig. 4). Regarding claim 3, the spindle comprises an end and a threaded shank that extends away from the end (Figs. 5, 9-10) and operatively connected to the adjustment gearing (see para[0048]). Regarding claims 7-8 the support part (22) that has a first (19a) and second (19b) surface portion and the gearing assembly is received therebetween (Fig. 10) and the first and second surface extends transverse to the longitudinal extension direction of which the spindle extends. Regarding claims 17-18, 21 and 23-25, the spindle is pivotable about a first pivot axis (23) relative to the floor assembly and the adjustment gearing is pivotable about a second pivot axis (20) relative to the pivot element (via the support part (19)). The first and second pivot axis are parallel to one another. The spindle is offset transversely along the first pivot axis with respect to the pivot element (Figs. 2, 5,9) while the adjustment gearing is connected at two bearing points (23) as a result of the spindle connection to the floor assembly and motor which allows the adjusting gearing to be offset transversely on either side of the spindle (as shown in Fig. 2) along the first pivot axis and relative to the pivot element.
Claim Rejections - 35 USC § 103
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Delmas et al. in view of Floegel (DE102007027410 A1). Delmas et al. shows all of the teachings of the claimed invention except the use of a floor assembly comprises a first and second guide rail. Floegel has disclosed the conventional use of a floor assembly (14) comprising a first (141) and second (142) guide rail, whereby a spindle and pivot element are attached to the first guide rail. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the floor assembly of Delmas et al. with the floor assembly as taught by Flogel in order to provide more seat adjustment and comfort to an occupant.
Allowable Subject Matter
Claim 10 is allowable over the prior art made of record.
Claims 12-13 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 22 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.
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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May 16, 2026
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