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 11-23 are pending.
Claim 20 has been withdrawn in Applicant’s election of 5/12/26, without traverse.
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 15-19 and 21 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.
Claims 15 and 21 recite “wherein the adjustment mechanism comprises at least one protrusion on the support unit or on the second pan element, and/or the adjustment mechanism comprises at least two recesses, which are formed in a corresponding manner with respect to the protrusion.” The and/or construction of the claim creates a lack of antecedent basis for “the protrusion” in the “or” alternative. Appropriate correction is required.
Claim 16 recites an “and/or” limitation which is dependent on claim 15 which also presents an “and/or” limitation. The scope of the claim becomes unclear/indefinite based on the number of different alternatives or combinations being presented. As such, “the fixing device” lacks antecedent basis based on the alternative of at least one fixing device or at least one tensioning device provided in claim 15.
Claim 19 recites “wherein the second pan element, the at least one fixing device, and/or the at least one guide comprise components which are separable from one another.” The sentence structure makes the scope of this claim unclear, as in the “or” alternative it is unclear what the second pan element is separable from if there is no “another” component. Further, this claim involves an “and/or” limitation which is dependent on claim 15 which also presents an “and/or” limitation. The scope of the claim becomes unclear/indefinite based on the number of different alternatives or combinations being presented.
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) 11-16 and 21-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirose (US 4563038). Hirose discloses seat for a tilting vehicle, comprising: a first seat bench region (fig. 1: 32) comprising a first seat surface on which a rider can be positioned for guiding and operating the tilting vehicle, and comprising a first pan element (shown in fig. 3 by dashed lines); a second seat bench region (fig. 1: 34) comprising a second seat surface on which a passenger can be positioned, and comprising a second pan element (fig. 5: 52); a support unit to which the first seat bench region and the second seat bench region are fixable (fig. 2: 10); and at least one adjustment mechanism (mechanism shown in fig. 5) by which the second seat bench region is releasable without a tool by moving counter to a joining direction out of a first seat position (fig. 2), in which a distance between the first seat bench region and the second seat bench region is minimal and in which the second seat bench region is fixed against moving transversely with respect to the joining direction, and is transferrable into an adjustment position in which the second seat bench region is released for moving transversely with respect to the joining direction and in which, by moving in the joining direction, the second seat bench region, which is moved transversely with respect to the joining direction, is positionable in a second seat position (fig. 3) offset with respect to the first seat position (the latch 68 is movable back and forth in the joining direction into and out of respective slots 66 to allow transverse movement of the second seat region), wherein in the second seat position the distance between the first seat bench region and second seat bench region is increased with respect to the first seat position, and the second seat bench region is fixed against moving transversely with respect to the joining direction.
As concerns claim 12, Hirose discloses wherein the first seat bench region lies in contact, at least in sections linearly or extensively, on the support unit with the first pan element on a side facing away from the first seat surface (fig. 2: 32 rests on frame 10 and connects via at least the hinge connection 36), and/or the second seat bench region, in the first seat position and in the second seat position, lies in contact, at least in sections linearly or extensively, on the support unit with the second pan element on a side facing away from the second seat surface and, in the adjustment position, is spaced apart with the second pan element from the support unit without contact.
As concerns claim 13, Hirose discloses wherein the adjustment mechanism comprises a guide unit (fig. 6: 50) by which moving of the second seat bench region transversely with respect to the joining direction is guided, the guide unit comprises at least one continuous cutout (cutout 66), which extends transversely with respect to the joining direction, in the second pan element and at least one bolt- or pin- shaped guide (fig. 6: 70) which extends in the joining direction and is fixed to the support unit and which comprises a cross section corresponding to the cutout.
As concerns claims 15 and 22, as best understood, Hirose discloses wherein the adjustment mechanism comprises at least one protrusion on the second pan element (fig. 5: the bolt 54 or the downward extending indentation on the second pan element 52 may be considered protrusions).
As concerns claims 16 and 23, Hirose discloses wherein the adjustment mechanism comprises at least one fixing device (fig. 6: 48) by which the second seat bench region is fixable to the support unit so as to be limited at least in its movement in or counter to the joining direction, and/or the adjustment mechanism comprises at least one tensioning device by which the second seat bench region is pretensioned in the joining direction onto the support unit.
As concerns claim 21, Hirose discloses the support unit comprises a first support element, to which the first seat bench region is fixed, and a second support element, to which the second seat bench region is fixed (fig. 2: right and left branches of the Y-shaped frame 10), wherein the first support element and second support element are fixed releasably or non-releasably to each other (they are non-releasably fixed at their intersection).
Allowable Subject Matter
Claims 17 and 18 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 reference of Hirose fails to teach
wherein the fixing device reaches with a neck portion through the cutout and through an opening in the support unit, the fixing device comprises a head portion with a cross section which is larger than the cross section of the cutout and which lies on the second pan element in the first seat position and the second seat position, and at least one stop element is fixable to the fixing device on the neck portion on the side facing away from the head portion and comprises a cross section which is enlarged with respect to the neck portion.
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.
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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.
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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636
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