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.
Claim 18 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 18 recites “at least one rolling face” in line 2. Claim 18 depends from claim 16 which also recites “at least one rolling face” in lines 7-8. It is unclear if both claims are referring to the same “at least one rolling face.” Clarification is required.
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) 16-24 and 26-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kreutz DE 4233517 C1. With respect to claim 16, Kreutz discloses a rail (1) for a pair of rails (1)(2) of a longitudinal seat adjustment device comprising: at least two side walls (see Figure 5 and how the side walls are contoured) and a web (unlabeled) at a bottom side of the rail (1) and shown in Figure 2, but not shown in Figure 5) which connects the side walls, wherein at least one of the side walls has a receiving profile (116) for receiving and guiding a cable profile (117) along a longitudinal extent of the rail, wherein the side wall has at least on locking face (in the form of a portion of the sidewall forming the narrowest portion of the vertical channel) wherein the receiving profile is in the form of a guiding channel or guiding groove between the locking face and the side wall, wherein the at least one locking face is between the cable profile and at least one rolling face, and wherein the cable profile has a complimentary shape to the locking face at least at an inner edge thereof. See the annotated Figure 5 below.
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With respect to claim 17, between the sidewalls and the web a receiving space is formed and the receiving profile faces in the direction of the receiving space.
With respect to claim 18, in the receiving space at least one rolling face (unlabeled) formed by a portion of the sidewall, is provided for an adjustment element (4)(4).
With respect to claim 19, the receiving profile, when viewed in the transverse direction of the rail, is arranged in a laterally offset manner with respect to the rolling face (the receiving profile is located inward toward a center of the rail from the rolling face).
With respect to claim 20, the receiving profile is in the form of an inner wall profile (formed along the inner surface) of the side-wall.
With respect to claim 21, the receiving profile (116) is dovetail-shaped or tub-shaped (see paragraph [0029] of translation).
With respect to claim 22, the receiving profile is in the form of a guiding groove.
With respect to claim 23, the locking face is constructed to support cable profile in the transvers direction of the rail (given that the locking face is formed with lip portion that curves upward and inward to support element (117).
With respect to claim 24, the receiving profile (116) is formed on an inner face of the side wall.
With respect to claim 26, the receiving profile extends partially over a longitudinal extent of the rail or over an entire length of the rail.
With respect to claim 27, the receiving profile has ends which are open toward end faces of the rail for introducing the connection cable (see Figure 1 and how cable element (11) is fed into an end of rails (2) and (1)
With respect to claim 28, the receiving profile extends at least partially over and entire height of the sidewall.
With respect to claim 29, the rail pair comprises an additional rail (2) wherein the rail (1) and the additional rail (2) are adjustable relative to each other.
With respect to claim 30, the longitudinal seat adjustment device is for a vehicle seat (see paragraph [0001] of the translation.
With respect to claim 31, the cable profile (117) locks with the locking face given the locking face has a lip securing the profile into position.
With respect to claim 32, the cable profile (117) is in direct contact with the locking face at the lip portion.
Allowable Subject Matter
Claim 25 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.
Response to Amendment
Applicant’s amendment and response filed on February 12, 2026 has been fully considered.
Applicant’s amendment has overcome the 112(b) rejection set forth in the Non-Final Office action of November 12, 2025. Applicant’s amendment, however, has given rise to a new 112 (b) rejection as set forth above.
Applicant’s arguments with respect to Kreutz are not persuasive. As detailed above, the Examiner contends that Kreutz has a locking face positioned between a cable profile and a rolling face wherein the cable profile has a complimentary shape to the locking face. See Figure 5 of Kreutz as annotated by the Examiner above. Claim 25, however, is not disclosed by Kreutz given that the Examiner equates a contoured portion of the side wall of the rail to the receiving profile.
Applicant’s arguments with respect to Sano are persuasive.
Conclusion
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 SARAH B. MCPARTLIN whose telephone number is (571)272-6854. The examiner can normally be reached M-F 8 am - 5 pm.
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/SARAH B MCPARTLIN/Primary Examiner, Art Unit 3993