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 1-20 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.
Claim 1 recites “a coupling position in which the coupling element builds up a coupling between the drive element and pivot lever.” It is unclear how a coupling may be “built up” (i.e. a coupling is understood by Examiner as being either “coupled” or “uncoupled.”). As such, the scope of what constitutes building up a coupling is unclear.
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) 1-6, 11 and 15-18, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arakawa (DE 102018207351). Arakawa discloses an adjusting device for a vehicle seat, comprising:- a pivot lever (fig. 1: 6) pivotable about a pivot axis for adjustably mounting a seat part of the vehicle seat (fig. 1: 3) on a base (fig. 1: 4) of the vehicle seat, - a drive element (fig. 9: 45), and- a coupling element (fig. 9: 460), which is movably mounted between a coupling position in which the coupling element builds up a coupling between the drive element and the pivot lever for pivoting the pivot lever about the pivot axis (fig. 11), and a decoupling position in which the coupling of the pivot lever with the drive element via the coupling element is released (fig. 10).
As concerns claim 2, Arakawa discloses wherein in that the coupling element is mounted so as to be shiftable between the coupling position and the decoupling position relative to at least one of the pivot lever and/or to the drive element (figs. 10, 11 show that the coupling element 31 shifts relative to at least the drive element).
As concerns claim 3, Arakawa discloses wherein the drive element is configured in the form of a gear wheel (fig. 10: 45 is a gear wheel).
As concerns claim 4, Arakawa discloses wherein the drive element is rotatably mounted on an axle (fig. 10: 45 a,b).
As concerns claim 5, Arakawa discloses wherein the coupling element is shiftable along the axle between the coupling position and the decoupling position (as shown in fig. 10).
As concerns claim 6, Arakawa discloses a decoupling element (fig. 9: 465) which is rotatable about the axle relative to the coupling element (it rotates from pin 465b around the axle) and is in engagement with the coupling element in such a way that by a movement of the decoupling element the coupling element is movable along the axle between the coupling position and the decoupling position.
As concerns claim 11, Hammadi discloses wherein in the coupling position, the coupling element is positively in engagement with the drive element (fig. 7b) and is positively coupled with the pivot lever so that a torque applied onto the drive element can be transmitted to the pivot lever via the coupling element for pivoting the pivot lever about the pivot axis (fig. 11).
As concerns claim 15, Hammadi discloses the coupling element is pretensioned into the coupling position by means of a spring (fig. 12: 461).
As concerns claim 16, Hammadi discloses a motor unit (fig. 8: 41) adapted for driving the drive element.
As concerns claim 17, Hammadi discloses a vehicle seat comprising a seat part (fig. 1: 3) and a base (fig. 1:4), comprising the adjusting device of claim 1 wherien the seat part is supported on the base via the pivot lever (fig. 1: 6) of the adjusting device.
As concerns claim 18, Hammadi discloses wherein the adjusting device comprises at least one further pivot lever (fig. 1: 7) which forms a four-bar linkage with the pivot lever.
Claim Rejections - 35 USC § 103
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.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arakawa in view of Kaemmerer et al. (US 2023/0406165) (“Kaemmerer”). Arakawa does not teach wherein jointly with a backrest of the vehicle seat the seat part can be moved by means of the adjusting device from a position of use to be occupied into an entry position folded forwards relative thereto with respect to the base. However, Kaemmerer teaches a seat with a similar four-bar linkage adjusting device which is movable to an entry position folded forwards relative to the base (figs. 1 and 2). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to use the adjusting device of Arakawa to move the legs of a seat which is tiltable into a easy entry position, which is considered old and well known in the art, in order to provide the same electric/automatic movement of the seat to the forward folded position.
Allowable Subject Matter
Claims 7-9, 12-14, 19 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 Arakawa fails to teach:
wherein the decoupling element includes arms which enclose the coupling element;
wherein the decoupling element includes a slope which rests against a slope fixed to the
axle;
a Bowden cable coupled with the decoupling element;
wherein the axle defines the pivot axis and extends coaxially to the pivot axis;
wherein in the decoupling position the coupling element is out of engagement with the
drive element and is rotatable relative to the drive element;
the coupling element includes pins for engagement with openings of the drive element
for building up the coupling of the pivot lever with the drive element via the coupling element in the coupling position;
wherein both in the coupling position and in the decoupling position the coupling element
is in engagement with a pin attached to the pivot lever; or
wherein the adjusting device comprises an actuating portion and a locking mechanism
by means of which the seat part can be locked with the base, wherein by an actuation of the actuating portion both the locking mechanism can be unlocked and the coupling element can be moved into the decoupling position.
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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