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 1-20 are pending.
Claims 1-20 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 1-5, 7, 9, and 12-20 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 1-2, 4, 7, 15-16, and 18-20 recites the limitation "locking/release module" in
Claim 1, lines 6, 8, 14, 16, and 18
Claim 2, lines 1 and 5
Claim 4, lines 4 and 8
Claim 7, lines 2 and 3
Claim 15, lines 3, 6 and 11
Claim 16, lines 1 and 5
Claim 18, lines 4 and 8
Claim 19, line 2
Claim 20, lines 3, 6, 14, 18, 20, 24, and 29
It is unclear whether “locking/release module” means “release and locking” or “release or locking” module.
There is insufficient antecedent basis for this limitation in the claim.
Claims 1-5, 15-18, and 20 recites the limitation "up/down movement guide rail module" in
Claim 1, lines 7, 13, and 14-15
Claim 2, line 5
Claim 3, line 6
Claim 4, lines 1-2, and 5
Claim 5, line 1
Claim 15, lines 5, 10, and 12
Claim 16, line 5
Claim 17, line 6
Claim 18, lines 1 and 5
Claim 20, lines 6-7, 14-15, 19, 28, and 30
It is unclear whether “up/down movement guide rail module” means “up and down” or “up or down” movement guide rail module.
There is insufficient antecedent basis for this limitation in the claim.
Claims 1, 4, 7, 9, 12, 15, and 18-20 recites the limitation "front/rear movement module" in
Claim 1, lines 6-7, 11, 14, 16 and 19
Claim 4, line 9
Claim 7, lines 2 and 3
Claim 9, line 2
Claim 12, line 6
Claim 15, lines 4, 8, and 11
Claim 18, line 9
Claim 19, lines 2 and 3
Claim 20, lines 10, 18, 26, and 29
It is unclear whether “front/rear movement” means “front and rear” or “front or rear” movement module.
There is insufficient antecedent basis for this limitation in the claim.
Claims 12 and 13 recites the limitation "front/rear inner cover" in
Claim 12, lines 2, 4, 5, and 6
Claim 13, line 2
It is unclear whether “front/rear inner cover” means “front and rear” or “front or rear” inner cover.
There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "front/rear lower cover" in
Claim 14, line 2
It is unclear whether “front/rear lower cover” means “front and rear” or “front or rear” lower cover.
There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-2, and 12-16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Shin (KR 20220026769).
As concerns claim 1, Shin discloses an adjustable headrest for a seatback, comprising: a body (Shin, fig. 1: 150); and an operating module (Shin, fig. 3: 100), wherein the operating module (Shin, fig. 3: 100) is connected to the body (Shin, fig. 1: 150), and is configured to drive the body (Shin, fig. 1: 150) to move in up and down direction (Shin, paragraph 0032, line 8) and forward and backward direction (Shin, paragraph 0032, line 7) with respect to the seatback, and the operating module (Shin, fig. 3: 100) comprises a locking/release module (Shin, fig. 2: 167), a front/rear movement module (Shin, fig. 2: 163), and an up/down movement guide rail module (Shin, fig. 3: 111b), wherein the locking/release module (Shin, fig. 2: 167) is configured to control a state of the body (Shin, fig. 1: 150) with respect to the seatback such that in a locking state the body (Shin, fig. 1: 150) is fixed to the seatback and in a release state the body (Shin, fig. 1: 150) is allowed to move with respect to the seatback, wherein the front/rear movement module (Shin, fig. 2: 163) is configured to allow the body (Shin, fig. 1: 150) to move in the forward and backward direction (Shin, paragraph 0032, line 7), wherein the up/down movement guide rail module (Shin, fig. 3: 111b) is mounted on the seatback, and the locking/release module (Shin, fig. 2: 167) and the front/rear movement module (Shin, fig. 2: 163) are connected to the up/down movement guide rail module (Shin, fig. 3: 111b) to move in the up and down direction (Shin, paragraph 0032, line 8), and wherein the locking/release module (Shin, fig. 2: 167) and the front/rear movement module (Shin, fig. 2: 163) are mounted inside the body (Shin, fig. 1: 150) such that in the release state the body (Shin, fig. 1: 150) is allowed to move in the up and down direction (Shin, paragraph 0032, line 8) and the forward and backward direction (Shin, paragraph 0032, line 7) through the locking/release module (Shin, fig. 2: 167) and the front/rear movement module (Shin, fig. 2: 163).
As concerns claim 2, Shin discloses wherein the locking/release module (Shin, fig. 2: 167) comprises: a lower plate (Shin, fig. 5: 120), a locking plate (Shin, fig. 5: 161) mounted on the lower plate (Shin, fig. 5: 120) and moving in left and right direction (Shin, paragraph 0052, lines 11-13) to lock the locking/release module (Shin, fig. 2: 167) to the up/down movement guide rail module (Shin, fig. 2: 111b), and a driving assembly (Shin, fig. 5: 181) provided on the lower plate (Shin, fig. 5: 120) and driving the locking plate (Shin, fig. 5: 161) to move.
As concerns claim 11, Shin discloses wherein: the operating module further comprises a frame (Shin, fig. 2: 110, 115), and wherein the frame is mounted on the seatback and connected respectively to the frame of the seatback (110 is mounted to receiving elements on the seatback frame) and the fixation guide rail (Shin, fig. 2: guide rail grooves 111b).
As concerns claim 12, Shin discloses wherein the body (Shin, fig. 1: 150) comprises a headrest covering (Shin, paragraph 35, lines 5-6) and a front/rear inner cover (Shin, fig. 2: 155 and 156), and wherein the headrest covering (Shin, paragraph 35, lines 5-6) is provided on the outermost side of the body (Shin, fig. 1: 150), the front/rear inner cover (Shin, fig. 2: 155 and 156) is positioned on the inner side of the headrest covering (Shin, paragraph 35, lines 5-6), an accommodation space is formed inside the front/rear inner cover (Shin, fig. 2: 155 and 156) to accommodate the operating module (Shin, fig. 3: 100), and the front/rear inner cover (Shin, fig. 2: 155 and 156) is connected to the front/rear movement module (Shin, fig. 2: 163) to move the body (Shin, fig. 1: 150).
As concerns claim 13, Shin discloses wherein the body (Shin, fig. 1: 150) further comprises an external foam (Shin, paragraph 0032, lines 3-4) that is positioned between the headrest covering (Shin, paragraph 35, lines 5-6) and the front/rear inner cover (Shin, fig. 2: 155 and 156).
As concerns claim 14, Shin discloses wherein the body (Shin, fig. 1: 150) further comprises a front/rear lower cover (Shin, fig. 2: 155 and 156) that is assembled with the headrest covering (Shin, paragraph 35, lines 5-6).
As concerns claim 15, Shin discloses an adjustable headrest for a seatback, comprising: a body (Shin, fig. 1: 150); a locking/release module (Shin, fig. 2: 167) inside the body (Shin, fig. 1: 150); a front/rear movement module (Shin, fig. 2: 163) inside the body (Shin, fig. 1: 150); and an up/down movement guide rail module (Shin, fig. 2: 111b), wherein the locking/release module (Shin, fig. 2: 167) is configured to fix the body (Shin, fig. 1: 150) to the seatback when locked and allow it to move when released, wherein the front/rear movement module (Shin, fig. 2: 163) is configured to allow the body (Shin, fig. 1: 150) to move in the forward and backward direction (Shin, paragraph 0032, line 7) with respect to the seatback, and wherein the up/down movement guide rail module (Shin, fig. 2: 111b) is mounted on the seatback, and the locking/release module (Shin, fig. 2: 167) and the front/rear movement module (Shin, fig. 2: 163) are connected to the up/down movement guide rail module (Shin, fig. 2: 111b) to move in the up and down direction (Shin, paragraph 0032, line 8) with respect to the seatback.
As concerns claim 16, Shin discloses wherein the locking/release module (Shin, fig. 2: 167) comprises: a lower plate (Shin, fig. 5: 120), a locking plate (Shin, fig. 5: 161) mounted on the lower plate (Shin, fig. 5: 120) and moving in left and right direction (Shin, paragraph 0052, lines 11-13) to lock the locking/release module (Shin, fig. 2: 167) to the up/down movement guide rail module (Shin, fig. 2: 111b), and a driving assembly (Shin, fig. 5: 181) provided on the lower plate (Shin, fig. 5: 120) and driving the locking plate (Shin, fig. 5: 161) to move.
Allowable Subject Matter
Claims 3-11would 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.
Claim 20 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art reference Shin (KR 20220026769) fails to teach:
wherein: a guide groove is provided on the lower plate, a concave facing downwards is provided at a middle portion of the lower plate, and a through-hole is provided on a bottom of the concave, the locking plate comprises a movement frame, a guide rod, and a locking rod, wherein the guide rod is mounted on the guide groove of the lower plate, and the locking rod is lockable to the up/down movement guide rail module, and the driving assembly comprises a knob, a rotary shaft, a driving link, and a torsion spring, wherein the knob is positioned below the concave of the lower plate, the rotary shaft penetrates upwards through the through-hole of the concave, one end of the rotary shaft is fixedly connected to the knob, the other end of the rotary shaft is fixedly connected to the driving link, a lever is provided on the end portion of the driving link opposite to the rotary shaft, and the lever is in contact with an inner side of the movement frame to push the movement frame to move the locking plate;
a pair of fixation guide rails, each having a C-shaped cross-section, fixed onto the seatback, having a plurality of locking holes, and allowing the locking/release module to be locked with respect to the up/down movement guide rail module.
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 JESSICA K THOMPSON whose telephone number is (571)272-3620. The examiner can normally be reached Monday-Friday 8:30-5:00 ET.
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 571-272-6670. 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.
JESSICA K THOMPSON
Examiner
Art Unit 3636
/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636