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 .
Drawings
Figure 6 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 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 12-20 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 12 there is no antecedent basis for the term “the longitudinal adjuster”. It is unclear how the longitudinal adjuster relates to the claimed activation lever. It appears that the longitudinal adjuster may be meant to encompass the first and second seat rails, locking unit, locking element and spring element.
In claim 14 there is no antecedent basis for the term “the activation portion”. It appears that claim 14 should depend from claim 13 where the activation portion is introduced.
In claim 18 there is no antecedent basis for the terms “the first seat rail”, “the second seat rail”, “the locking unit”, “the at least one spring element” and “the at least one locking element”. It appears that the “activation lever, as claimed in claim 12” should be introduced earlier in the claim before these elements, as this is where these terms find antecedent basis.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 11-20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Taniguchi et al.(US10471853).
[claim 11] Taniguchi teaches a method for producing an activation lever(13,9) for a longitudinal adjuster(1), the method comprising: providing a tubular blank(C10 L32-33), pressing an end portion of the blank from a first direction(up-down direction of fig 11); pressing the end portion of the blank from a second direction(left-right direction in fig 11), perpendicular to the first direction, whereby at least one edge(underside of 9B in fig 11) and/or back-molding(bottom of 9A) is formed, and whereby only forming of the external contour of the blank takes place.
[claim 12] Taniguchi teaches an activation lever(13,9) for activating a locking unit(7) for securing a first seat rail(5) relative to a second seat rail(3), wherein the activation lever, in an end portion(9) interacting with a spring element(7B) and/or locking element of the longitudinal adjuster, has a deformed surface(side surface of 9 in fig 11) which is closed perpendicularly to the longitudinal extent of the activation lever, the end portion having at least one back-molding(bottom of 9A), at least one damping element(7A) being disposed on the end portion and connected to the back-molding.
[claim 13] wherein the activation lever having two activation portions which are integrally connected to each other by way of a connection portion(101, see C21 L28-31 where the releasing member 9 can be used with a loop handle connecting two releasing members).
[claim 14] wherein an edge(edge of 9C) which is formed by pressing the end portion is provided on the activation portion(lower surface of 9).
[claim 15] wherein the edge serves as an operative connection to a first spring arm(74) of a spring element(7B).
[claim 16] wherein the edge is configure to protrude in the vertical direction from the activation portion(fig 11).
[claim 17] wherein the back-molding(bottom of 9A) protrudes in the vertical direction from the end portion( fig 5).
[claim 18] Taniguchi teaches a longitudinal adjuster(1) for a vehicle seat(S fig 1), the longitudinal adjuster having the first seat rail(5) and the second seat rail(3), the first seat rail being longitudinally displaceable relative to the second seat rail; the longitudinal adjuster furthermore having the locking unit(7) which has the at least one locking element(7A) for securing the first seat rail relative to the second seat rail, and the at least one spring element(7B) which is held in the first seat rail and impinges the locking element with a pre-loading force, wherein the longitudinal adjuster has an activation lever(9,13), as claimed in claim 12, for activating the locking unit and releasing the securing of the first seat rail relative to the second seat rail, and the activation lever is impinged with a pre-loading force by the spring element.
[claim 19] wherein the first seat rail and the second seat rail are disposed to be longitudinally displaceable in relation to one another and embracing one another while forming an internal duct(fig 3).
[claim 20] Taniguchi further teaches a vehicle seat(S fig 1) having a longitudinal adjuster(1) as claimed in claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US11993183, US10940775, US10933772, US10654379, US10500986, US10703227, US10434902, US10369902, US10086721, US9463716, US8925889, US8757577, US8616515, US20130341479, US8528974, US8001869, US7963496, US6926443.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY H DUCKWORTH whose telephone number is (571)272-2304. The examiner can normally be reached M-F 9:30-6.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 5712724979. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY DUCKWORTH/Primary Examiner, Art Unit 3632