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) 1-8, 12, 17-18 and 21-26 is/are rejected under 35 U.S.C. 102(a) as being anticipated by Floegel (DE 102007027410 A1). Floegel shows the use a height-adjustment apparatus of a vehicle seat, comprising (Figs. 1-2) a floor assembly (14), a seat part assembly (11), a pivot element (13), which is pivotable in relation to the floor assembly and to the seat part assembly, and a drive device (2) 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 (21), a drive motor (3), and an adjustment gearing (4) 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 (121), and the adjustment gearing is pivotally arranged (on the seat part assembly via the headband housing (22)) relative to the pivot element, and wherein the adjustment gearing comprises a spindle nut (41) which is in threaded engagement with the spindle (Fig. 4) and a drive element (31) which is operatively connected to the drive motor, and wherein the spindle nut is rotatable about said longitudinal axis of the spindle by the drive motor driving the drive element (Figs. 3-4). Regarding claim 2, the pivot element is connected to the floor assembly at a first bearing element (131) which is spaced from the second bearing element of the spindle. Regarding claim 3, the spindle comprises an end and a threaded shank that extends away from the end (Fig. 2) and operatively connected to the adjustment gearing. Floegel has disclosed that the floor assembly comprises a first (141) and second (142) guide rail, whereby the spindle and pivot element are attached to the first guide rail in regards to claim 4. Regarding claims 5 and 7-8 the adjustment gearing comprises a gearing assembly (41,42,44,43,45) and a support part (22) that has first and second surface portion and the gearing assembly is received therebetween (Fig. 3). The support is pivotally mounted (indirectly via the seat part assembly) at a third bearing element (132) in regards to claim 6. Regarding claim 12, a support element (42) is arranged stationary relative to the pivot element on a side of the spindle facing away from the pivot element for support the adjustment gearing relative to the pivot element (Figs.2,3). Regarding claims 17-18 and 21-26, 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 relative to the pivot element (via the support element (22)). The adjustment gearing is pivotally mounted at a bearing point so as to be pivotable relative to the pivot element (via the seat part assembly), which bearing point is transversely offset relative to the spindle along the first pivot axis (see Figs. 2-4). The spindle is mounted offset from the pivot element along the first axis at two bearing points that are arranged on a first and second side of the spindle (as shown in Figs. 1-3).
Allowable Subject Matter
Claims 10 and 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference No. DE 10159037A1 shows features of the claimed invention.
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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February 07, 2026