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 .
Election/Restrictions
Claims 6-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/20/25.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Zimmermann US 2017/0175811 in view of Kwon et al. 11,279,292.
Regarding claim 1, Zimmermann discloses:
A rail device (100; annotated Fig. 2 below) comprising:
a first rail (102; annotated Fig. 2 below) having frame portions (double bent portions of the lateral edges of the first rail 102 identified by dashed boxes in annotated Fig. 2 below, where such bend edges provide an increased torsional stiffness of the rail thereby performing as a frame) disposed at two opposite sides thereof (see annotated Fig. 2 below), the first rail (102; annotated Fig. 2 below) having sliding grooves (104; annotated Fig. 2 below), each of the sliding grooves (see annotated Fig. 2 below), being defined in each of the frame portions (that is within the dashed boxes as can be seen in annotated Fig. 2 below);
a second rail (see annotated Fig. 2 below) having guides (shaded in annotated Fig. 2 below) disposed at two opposite sides thereof, each of the guides (shaded in annotated Fig. 2 below) being conforming to each of the sliding grooves (see Fig. 4 where the guides are shown within the sliding grooves) and being slidable in a state in which each of the guides is coupled to each of the sliding grooves (see the abstract, lines 1-7); and
an elastic member (130; annotated Fig. 2 below).
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However, with respect to claim 1, while Zimmermann teaches the use of an elastic member (130; Fig. 2 above) to provide force between the first and second rails, Zimmermann does not disclose plural elastic members coupled to the guides and having at least one elastic portion being in contact with an inner wall surface of each of the frame portions,
wherein each of the elastic members is configured to elastically support the second rail.
Furthermore, and with respect to claim 2, Zimmermann does not disclose wherein the at least one elastic portion comprises:
a first elastic portion being in contact with an inner wall surface of an upper end of each of the frame portions and being configured to be convex toward the inner wall surface of the upper end of each of the frame portions; and
a second elastic portion being in contact with an inner wall surface of a lateral end of each of the frame portions and being configured to be convex toward the inner wall surface of the lateral end of each of the frame portions.
Notwithstanding, Kwon et al. disclose a rail device for a vehicle comprising a first rail (300; annotated Fig. 8 below) having frame portions (shaded in annotated Fig. 8 below) with sliding grooves (for the guides; see annotated Fig. 8 below) and a second rail (210; annotated Fig. 8 below) having guides (see annotated Fig. 8 below) as well as elastic members (400; Fig. 5 and including a “second body” 420; Fig. 8 below); coupled to the guides (as shown in annotated Fig. 8 below) and having at least one elastic portion (first and second elastic portions identified in annotated Fig. 8 below) being in contact with an inner wall surface of each of the frame portions (of the guide rail; see lines 18-21 of the abstract), wherein each of the elastic members (400; Fig. 5 and including a “second body” 420; Fig. 8 below); is configured to elastically support the second rail (having “elastic force”; see lines 18-21 of the abstract). In addition, the elastic portion comprises a first elastic portion (as pointed out in annotated Fig. 8 below) being in contact with an inner wall surface of an upper end (as pointed out in annotated Fig. 8 below) of each of the frame portions (as pointed out in annotated Fig. 8 below) and being configured to be convex (as shown by the outer surface of the circular cross sectional construction of the a first elastic portion as can be seen in annotated Fig. 8 below) toward the inner wall surface of the upper end of each of the frame portions (such relationship can be seen in annotated Fig. 8 below); and a second elastic portion (pointed out in annotated Fig. 8 below) being in contact with an inner wall surface of a lateral end (as pointed out in annotated Fig. 8 below) of each of the frame portions (as pointed out in annotated Fig. 8 below) and being configured to be convex (as shown by the outer surface of the circular cross sectional construction of the a first elastic portion as can be seen in Fig. 8 below) toward the inner wall surface of the lateral end of each of the frame portions (such relationship can be seen in annotated Fig. 8 below).
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A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Kwon et al. reference is considered to be relevant art in that the Kwon et al. reference is in the same field of endeavor, namely that which pertains to vehicle rail constructions which slide relative to one another and include an elastic element feature, as the Zimmermann reference.
Therefore, it 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 to incorporate the teachings of Kwon et al. into the rail device of Zimmermann including constructing the rail device of Zimmermann with an alternate configuration, utilizing the concept of elastic members providing an elastic force between the first and second rails, by constructing the first rail to have frame portions that are configured to receive guide portions of the second rail with elastic members extending therefrom and in contact with an inner surface of the frame portions as taught by Kwon et al. with a reasonable expectation of success in order to prevent the generation of frictional sound by preventing the guide protrusions from coming into direct contact with the guide rails. Motivation provided by Kwon et al. in col. 2, lines 58-61.
Regarding claim 2, Zimmermann, as modified by Kwon et al., disclose:
The rail device of claim 1, as explained above, where the teaching reference Kwon et al. teaches that the at least one elastic portion comprises: a first elastic portion (as pointed out in annotated Fig. 8 of Kwon et al. above) being in contact with an inner wall surface of an upper end (as pointed out in annotated Fig. 8 of Kwon et al. above) of each of the frame portions (as pointed out in annotated Fig. 8 of Kwon et al. above) and being configured to be convex (as shown by the outer surface of the circular cross sectional construction of the a first elastic portion as can be seen in Fig. 8 of Kwon et al. above) toward the inner wall surface of the upper end of each of the frame portions (such relationship can be seen in annotated Fig. 8 of Kwon et al. above); and a second elastic portion (pointed out in annotated Fig. 8 of Kwon et al. above) being in contact with an inner wall surface of a lateral end (as pointed out in annotated Fig. 8 of Kwon et al. above) of each of the frame portions (as pointed out in annotated Fig. 8 of Kwon et al. above) and being configured to be convex (as shown by the outer surface of the circular cross sectional construction of the a first elastic portion as can be seen in Fig. 8 of Kwon et al. above) toward the inner wall surface of the lateral end of each of the frame portions (such relationship can be seen in annotated Fig. 8 of Kwon et al. above).
Claims 1, 2, 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2000-264132 in view of Kwon et al. 11,279,292.
Regarding claim 1, JP 2000-264132 discloses:
A rail device for a vehicle console (see the title and page 3, line 7 of the provided English language translation) comprising:
a first rail having frame portions (7; and as shaded in annotated Fig. 1 below) disposed at two opposite sides thereof (see annotated Fig. 1 below), the first rail having grooves (to receive the second frame rail guides as can be seen in annotated Fig. 1 below), each of the grooves being defined in each of the frame portions (as is the case shown in annotated Fig. 1 below);
a second rail having guides (as shaded and pointed out in annotated Fig. 1) disposed at two opposite sides thereof, each of the guides (as shaded and pointed out in annotated Fig.1 below) being conforming to each of the grooves (of the first rail frame portions as can be seen in annotated Fig. 1 below). Note that there are rollers (21; annotated Fig. 1 below; see line 4 of the Abstract/SOLUTION TO BE SOLVED) on the guides to provide the contact between the guides and corresponding first rail frame portions. This relationship can be seen in annotated Fig. 1 below. The first frame rail grooves include an inner wall surface of an upper end of the frame portions (as identified towards the left in the expanded view of Fig. 1 below) and an inner wall surface of a lateral end of the frame portions (as identified towards the right in the expanded view of Fig. 1 below).
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However, with respect to claim 1, JP 2000-264132 does not disclose that the grooves are slidable grooves (rather than grooves in which the rollers (21; Fig. 1) translate) in a state in which each of the guides is coupled to each of the sliding grooves; and that the rail device comprises elastic members, each being coupled to the guides and having at least one elastic portion being in contact with an inner wall surface of each of the frame portions, wherein each of the elastic members is configured to elastically support the second rail.
Furthermore, and with respect to claim 2, JP 2000-264132 does not disclose wherein the at least one elastic portion comprises:
a first elastic portion being in contact with an inner wall surface of an upper end of each of the frame portions and being configured to be convex toward the inner wall surface of the upper end of each of the frame portions; and
a second elastic portion being in contact with an inner wall surface of a lateral end of each of the frame portions and being configured to be convex toward the inner wall surface of the lateral end of each of the frame portions.
Notwithstanding, Kwon et al. disclose a rail device for a vehicle comprising a first rail (300; annotated Fig. 8 above) having frame portions (shaded in annotated Fig. 8 above) with sliding grooves (in which the guides slide; see annotated Fig. 8 above) and a second rail (210; annotated Fig. 8 above) having guides (see annotated Fig. 8 above) as well as elastic members (400; Fig. 5 and including a “second body” 420; Fig. 8 above); coupled to the guides (as shown in annotated Fig. above) and having at least one elastic portion (first and second elastic portions identified in annotated Fig. 8 below) being in contact with an inner wall surface of each of the frame portions (of the guide rail; see lines 18-21 of the abstract), wherein each of the elastic members (400; Fig. 5 and including a “second body” 420; Fig. 8 above); is configured to elastically support the second rail (having “elastic force”; see lines 18-21 of the abstract). In addition, the elastic portion comprises a first elastic portion (as pointed out in annotated Fig. 8 above) being in contact with an inner wall surface of an upper end (as pointed out in annotated Fig. 8 above) of each of the frame portions (as pointed out in annotated Fig. 8 above) and being configured to be convex (as shown by the outer surface of the circular cross sectional construction of the a first elastic portion as can be seen in Fig. 8 above) toward the inner wall surface of the upper end of each of the frame portions (such relationship can be seen in annotated Fig. 8 above); and a second elastic portion (pointed out in annotated Fig. 8 above) being in contact with an inner wall surface of a lateral end (as pointed out in annotated Fig. 8 above) of each of the frame portions (as pointed out in annotated Fig. 8 above) and being configured to be convex (as shown by the outer surface of the circular cross sectional construction of the a first elastic portion as can be seen in Fig. 8 above) toward the inner wall surface of the lateral end of each of the frame portions (such relationship can be seen in annotated Fig. 8 above).
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Kwon et al. reference is considered to be relevant art in that the Kwon et al. reference is in the same field of endeavor, namely that which pertains to vehicle rail devices, as the JP 2000-264132 reference.
Therefore, it 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 to incorporate the teachings of Kwon et al. to provide elastic members on the second rail guides of JP 2000-264132 instead of the rollers thereon, where the second rail guides are in contact with the grooves and slide there along by way of the elastic members as taught by Kwon et al. with a reasonable expectation of success in order to prevent the generation of frictional sound. Motivation provided by Kwon et al. in col. 2, lines 58-61.
Regarding claim 2, JP 2000-264132, as modified by Kwon et al., disclose:
The rail device of claim 1, as explained above, where the teaching reference Kwon et al. teaches that the at least one elastic portion comprises: a first elastic portion (as pointed out in annotated Fig. 8 of Kwon et al. above) being in contact with an inner wall surface of an upper end (as pointed out in annotated Fig. 8 of Kwon et al. above) of each of the frame portions (as pointed out in annotated Fig. 8 of Kwon et al. above) and being configured to be convex (as shown by the outer surface of the circular cross sectional construction of the a first elastic portion as can be seen in Fig. 8 of Kwon et al. above) toward the inner wall surface of the upper end of each of the frame portions (such relationship can be seen in annotated Fig. 8 of Kwon et al. above); and a second elastic portion (pointed out in annotated Fig. 8 of Kwon et al. above) being in contact with an inner wall surface of a lateral end (as pointed out in annotated Fig. 8 of Kwon et al. above) of each of the frame portions (as pointed out in annotated Fig. 8 of Kwon et al. above) and being configured to be convex (as shown by the outer surface of the circular cross sectional construction of the a first elastic portion as can be seen in Fig. 8 of Kwon et al. above) toward the inner wall surface of the lateral end of each of the frame portions (such relationship can be seen in annotated Fig. 8 of Kwon et al. above).
Regarding claim 3, JP 2000-264132, as modified by Kwon et al., disclose:
The rail device of claim 1, as explained above, wherein the first rail (1; Fig. 9 which includes the first rail frame portions identified in annotated Fig. 1 above of JP 2000-264132) is connected to a vehicle body (specifically the floor as discussed on lines 6-7 of page 3 of the provided English language translation of JP 2000-264132), and the second rail (annotated Fig. 1 above of JP 2000-264132 which includes side portions 57; pointed out in annotated Fig. 1 above and appearing in Fig. 9) is connected to a connection target, namely a console (3; Fig. 9).
Regarding claim 4, JP 2000-264132, as modified by Kwon et al., disclose:
The rail device of claim 3, as explained above, wherein the connection target (console 3; Fig. 9) has a console box (37; Fig. 9).
Allowable Subject Matter
Claim 5 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
The recitation in claim 5 that each of the elastic members comprises: first coupling portions disposed at upper and lower sides at each of two opposite ends of each of the elastic members with the at least one elastic portion being interposed between the two opposite ends, the first coupling portions surrounding each of the guides; and second coupling portions disposed at two opposite lateral sides at the respective two opposite ends and disposed in coupling grooves of each of the guides is not shown nor fairly suggested by the prior art of record. Specifically, the teaching reference Kwon et al., the only prior art of record which teaches elastic members having a portion which is in contact with an inner surface of the frame portions, lacks first and second coupling portions including their relationship to two opposite ends and two opposite lateral sides of the elastic members as set forth in claim 5. Rather, the elastic members of Kwon et al. fit over the guides and rest in slots formed therein in order to secure the elastic members to the guides. See such arrangement in annotated Fig. 5 below.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fernandez et al. US 6,203,088 disclose a sliding vehicle console with cooperating rails. See Fig. 4
Bonnes et al. US 7,152,897 disclose a rail system for a vehicle console with a first rail 20 and a second rail 60 which supports a console. See Figs. 1 and 2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph D. Pape whose telephone number is (571)272-6664. The examiner can normally be reached Monday to Friday 7 AM-3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at (571)270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Joseph D. Pape/Primary Examiner, Art Unit 3612