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.
Claims 2-3 and 7-12 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.
Regarding claim 2, the claim recites, “the predetermined distance allows the second ball to travel in the second gap.” It is unclear how the predetermined distance between the first balls in the first gap allows the second ball in the second gap to travel in that second gap. The scope of the claim is unclear.
Regarding claim 3, which recites, “the predetermined distance is equal to or longer than an alignment length of two of the second balls.” It is unclear what the “alignment length” refers to and thus the scope of the claim is unclear.
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.
Claim(s) 1 and 4-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 210/0006733 to Kimura et al.
Regarding claim 1, Kimura ‘733 discloses a sliding device for supporting a seat slidably, comprising: a lower rail 16 that is a long member to be fixedly attached to a mount surface over which the seat is arranged (Fig. 1 – para 0045); an upper rail 15 that has a portion to be fixedly attached to the seat (Fig. 1 – para 045), is movably guided by the lower rail 16 in a longitudinal direction of the lower rail, and defines an upper gap extending in the longitudinal direction and a lower gap extending in the longitudinal direction below the upper gap in combination with the lower rail (Fig. 3 – para 0049); a plurality of lower balls 17 arranged in the lower gap between the lower rail 16 and the upper rail 15 and being rollable in coincidence with a movement of the upper rail 15; a plurality of upper balls 18 arranged in the upper gap between the lower rail 16 and the upper rail 15 and being rollable in coincidence with a movement of the upper rail 15 (para 0045); and a first retainer 20 arranged in a first gap being one of the lower gap and the upper gap, wherein the first retainer 20 includes: a main body having a length; a pair of first ball holding parts 20a (holes on each inner end, as annotated below) located at the opposite ends of the main body in a longitudinal direction of the main body for holding first balls 17, respectively, the first ball being one of the lower ball 17 and the upper ball arranged in the first gap (Fig. 2 – para 0051); a pair of second ball holding parts 20a (holes on each outer end, as annotated below) respectively corresponding to the pair of first ball holding parts 20a, the second ball holding part 20a being located further than the first ball holding part 20a with respect to the main body and holding a first ball in a rollable manner; and a pair of connection parts (portion that supports the holes on each end of the body, as annotated below) each connecting corresponding one of the pair of first ball holding parts 20a and corresponding one of the pair of second ball holding parts 20a to each other to keep a distance between the center of the first ball 17 held by the first ball holding part 20a and the center of the first ball 17 held by the second ball holding part 20a at a predetermined distance, and at least one second ball 18 is arranged in a second gap which is the other of the lower gap and the upper gap and in which the first retainer 20 is not arranged (fig. 3), the second ball 18 being the other of the upper ball 18 and the lower ball and being arranged in a region corresponding (correspond also means parallel – Fig. 2) to the predetermined distance between the two first balls 17 at each of the opposite ends of the first retainer 20 in the first gap. The examiner submits that ball 18 is located in the other gap within a longitudinal region parallel to the predetermined distance between the adjacent balls 17 at an end of retainer 20.
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Regarding claim 4, Kimura ‘733 discloses, wherein the first retainer 20 is arranged in the lower gap (Fig. 3).
Regarding claim 5, Kimura ‘733 discloses, further comprising a second retainer 21 having a rod shape and arranged in the second gap (Fig. 3 – para 0050, 0052-0053), wherein the second retainer 21 is arranged between a plurality of the second balls 18 which are located apart from each other in a longitudinal direction of the second retainer 21 and are adjacent to the opposite ends of the second retainer 21.
Regarding claim 6, Kimura ‘733 discloses, further comprising a second retainer 21 having a rod shape and arranged in the second gap (fig. 3 - para 0050, 0052-0053), wherein the second retainer 21 is arranged between a plurality of the second balls 18 which are located apart from each other in a longitudinal direction of the second retainer 21 and are adjacent to the opposite ends of the second retainer 21.
Allowable Subject Matter
Claims 2-3 and 7-12 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: as best understood in light of the above 112 rejection, the prior art does not appear to disclose the predetermined distance allows the second ball to travel in the second gap.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and will be used in subsequent office action rejections, as applicable.
The list of supports is as follows: US-8251336-B2 OR US-9738180-B2 OR US-7669826-B2 OR US-5417496-A OR US-8297583-B2 OR US-6264159-B1 OR US-11160372-B2 OR US-8646741-B2 OR US-20120074288-A1 OR US-20140353454-A1 OR US-20090058169-A1 OR US-20200238860-A1 OR US-20190389333-A1 OR US-20190375314-A1 OR US-20080048087-A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA E MILLNER whose telephone number is (571)270-7507. The examiner can normally be reached M-F 8am-4:00pm.
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 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONICA E MILLNER/Primary Examiner, Art Unit 3632
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