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 .
Claims 1-10 are pending.
Claims 1-10 have been examined.
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 1-9 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.
Claim 1, step A, recites “by means of tooling.” It is unclear what limitations are associated with “tooling” (i.e. is it simply employing a tool or any kind or does Applicant intend this to be a means-plus-function recitation requiring a particular tooling to be used for holding the output member?). For purposes of examination, “by means of tooling” will be understood to claim that the output member is held in place by a tool of any kind.
Claim 3, line 1 recites “the first member.” There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, it will be assumed that claim 3 was intended to be dependent on claim 2 based on the context of the claim.
Claim 6 recites limitations such as “the first recess” and “the bearing member.” There I insufficient antecedent for these limitations in the claim. For purposes of examination, it will be assumed that claim 6 was intended to be dependent on claim 3 based on the context of the claim.
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) 1 and 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qian et al. (US 2022/0396180) (“Qian”) in view of Kumamoto et al. (US 2023/0322130) (“Kumamoto”). Qian teaches a method for assembling a height adjustment system for a seat, the height adjustment system comprising: - a seat frame comprising at least: -- a flange (fig. 3: 101) extending a longitudinal direction and comprising, in a transverse direction, an inner side and an outer side, and a connecting rod (fig. 3: 4) pivotably articulated about a first transverse axis relative to the flange, the connecting rod being arranged on a first side of the flange in the transverse direction, coinciding with either the inner side or the outer side, the connecting rod comprising at least one toothed sector (fig. 6: 402), - a first housing (fig. 5: 17) arranged on the first side of the flange in the transverse direction, the toothed sector of the connecting rod being arranged transversely between the first housing and the first side of the flange, - a drive module comprising at least: -- an adjustment mechanism (fig. 6: 8), the adjustment mechanism being arranged on a second side of the flange in the transverse direction, opposite the first side, coincident with the other of the inner side or the outer side, -- an output member (fig. 6: 801) extending along a second transverse axis, a first end portion of the output member cooperating with the adjustment mechanism so as to be able to rotate the output member about the second transverse axis, the output member extending through a first opening through the flange (fig. 6: 103) and a second opening through the first housing (as shown in fig. 5), a second end portion of the output member being arranged on a first side of the first housing that is opposite the flange in the transverse direction, the output member further comprising at least one pinion arranged at least partially between the flange and the first housing in the transverse direction and cooperating with the toothed sector of the connecting rod (as shown in fig. 5),
the method comprising the steps of: A. holding the output member of the drive module in a holding position for which the outlet member is aligned along the second transverse axis relative to the flange, B. applying a force to the connecting rod in the longitudinal direction so as to eliminate any clearance between the toothed sector of the connecting rod and the pinion of the output member, C. securing, the first housing, the flange and the drive module, and wherein steps B and C are carried out while the output member is in the holding position (these are normal and logical steps which would be used to assemble parts of fig. 6 in to the fully assembled mechanism of fig. 5).
Qian fails to teach wherein the output member is held in the holding position by a tool or wherein the first housing, flange and drive module are secured by a permanent fastening means such as welding or by an adhesive (figs. 5 and 6 show that they are held in place by three pins extending from drive module 8 and accompanying fasteners). However, the use of tools such as clamps, plier or the like is considered old and well known in the art for holding elements during construction or assembly of devices and would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to use in order to assist in assembly of the height adjuster. Further, Kumamoto teaches a height adjuster assembly for a vehicle seat in which housing/plate elements are welded to the frame (paragraph 0040). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to weld the connections of the first housing, flange and drive module in order to provide a more stable/permanent connection.
As concerns claim 7, Qian, as modified, teaches wherein the first housing comprises a first series of tabs (Qian, fig. 5: 17 has a series of two tabs on the left side), each tab of the first series being supported in the transverse direction on the first side of the flange, and wherein the adjustment mechanism comprises a second series of tabs (fig. 5: two tabs on left side with pins which match the two holes on the frame and housing), each tab of the second series of tabs bearing in the transverse direction on the second side of the flange, each tab of the second series of tabs being aligned with a tab of the first series of tabs in the transverse direction, and wherein, during step C, a weld is made through each transverse alignment between one of the tabs of the first series of tabs, the flange and one of the tabs of the second series of tabs (this is the obvious location for the weld based on the combination discussed with respect to claim 1).
As concerns claim 8, Qian, as modified, teaches wherein the fastening of the first housing, the flange and the drive module in step C is carried out by a weld with the laser, preferably the beam of the laser being oriented in the transverse direction, preferably in a direction of the transverse direction going from the second side of the flange toward the first side of the flange (laser welding in a known means for providing a weld with the orientation of the laser weld being obvious in order to provide the connection of claim 1).
As concerns claim 9, Qian, as modified, teaches wherein the frame comprises a cross-member extending along the first transverse axis (fig. 5: 11), integral with the flange, the connecting rod being pivotably mounted on the cross-member about the first transverse axis, and wherein a pressure is exerted on the cross-member in step B so as to apply the longitudinal force to the connecting rod.
As concerns claim 10, Qian teaches a method for assembling a height adjustment system for a seat, the height adjustment system comprising: - a seat frame comprising at least: -- a flange (fig. 3: 101) extending a longitudinal direction and comprising, in a transverse direction, an inner side and an outer side, and a connecting rod (fig. 3: 4) pivotably articulated about a first transverse axis relative to the flange, the connecting rod being arranged on a first side of the flange in the transverse direction, coinciding with either the inner side or the outer side, the connecting rod comprising at least one toothed sector (fig. 6: 402), - a first housing (fig. 5: 17) arranged on the first side of the flange in the transverse direction, the toothed sector of the connecting rod being arranged transversely between the first housing and the first side of the flange, - a drive module comprising at least: -- an adjustment mechanism (fig. 6: 8), the adjustment mechanism being arranged on a second side of the flange in the transverse direction, opposite the first side, coincident with the other of the inner side or the outer side, -- an output member (fig. 6: 801) extending along a second transverse axis, a first end portion of the output member cooperating with the adjustment mechanism so as to be able to rotate the output member about the second transverse axis, the output member extending through a first opening through the flange (fig. 6: 103) and a second opening through the first housing (as shown in fig. 5), a second end portion of the output member being arranged on a first side of the first housing that is opposite the flange in the transverse direction, the output member further comprising at least one pinion arranged at least partially between the flange and the first housing in the transverse direction and cooperating with the toothed sector of the connecting rod (as shown in fig. 5).
Qian fails to teach wherein the first housing, flange and drive module are secured by a permanent fastening means such as welding or by an adhesive (figs. 5 and 6 show that they are held in place by three pins extending from drive module 8 and accompanying fasteners). However, Kumamoto teaches a height adjuster assembly for a vehicle seat in which housing/plate elements are welded to the frame (paragraph 0040). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to weld the connections of the first housing, flange and drive module in order to provide a more stable/permanent connection.
Allowable Subject Matter
Claims 2-6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art references of Qian and Kumamoto fail to teach:
wherein the tool comprises a first member arranged on the first side of the flange and a second member arranged on the second side of the flange, and wherein step A comprises the steps of: A1. Engaging the second end portion of the output member with the first member such that the second end portion and the first member are constrained to rotate and translate in any direction perpendicular to the transverse direction; A2. Engaging the adjustment mechanism with the second member so that the adjustment mechanism and the second member are constrained to rotate and translate in any direction perpendicular to the transverse direction; A3. Securing the first member and the second member to the flange; so that the alignment of the output member in the holding position in step A is obtained by the simultaneous implementation of steps A1, A2, A3.
Further, there is no teaching, suggestion or motivation to modify the prior art absent hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J BRINDLEY whose telephone number is (571)270-7231. The examiner can normally be reached Mon-Fri, 9am-5pm.
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, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636