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 .
The preliminary amendments filed 15 October 2024 and 12 May 2025, in which claim 5 was amended, have been entered.
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 6 is 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. In regards to claim 6, the phrase “a through hole penetrating in a second direction is provided in an attachment portion of the second actuator device to the first steering column” (lines 2-3) is unclear for the following reasons:
It is unclear if “a second direction” (claim 6, line 2) is the same feature as previously claimed “a second direction” (claim 1, line 7). Examiner suggests referencing subsequent recitations of the same feature with the term “the” or “said”;
It is unclear what “to the first steering column” (claim 6, line 3) is referencing.
Clarification and rephrasing are required.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heitz et al. (US 2018/0251147 A1). Heitz et al. discloses a steering device (steering column #1) comprising:
a steering shaft (steering spindle #5) extending in a first direction (longitudinal direction #L) and having a steering wheel coupled (via fastening section #51) to an end portion on one side in the first direction (figures 1-3; paragraph 0042);
a first steering column (inner casing tube #43) arranged outside the steering shaft (#5; figures 1-5, 7-9; paragraphs 0044-0055);
a second steering column (intermediate casing tube #42) arranged outside the first steering column (#43) and is movable relative to the first steering column in the first direction (#L) via a first actuator device (electromotive adjustment drive #6; figures 1-5, 7-9; paragraphs 0044-0055);
wherein the first steering column (#43) includes a pin (bolt-like counterpart latching body #433) extending in a second direction intersecting the first direction (#L; figures 8, 9; paragraph 0055);
the second steering column (#42) includes a projection (latching body #424) arranged on one side in the first direction (#L) of the pin (#433) and capable of abutting on the pin (has the ability to so perform; figures 8, 9; paragraph 0055).
Allowable Subject Matter
Claim 7 is allowed.
Claims 2-5 are 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.
Claim 6 appears to 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 allowable subject matter of claim 2 is wherein the projection protrudes in a third direction intersecting the first direction and the second direction, in combination with other features of preceding claim 1;
the allowable subject matter of claim 5 is the third steering column is movable relative to the first steering column in the first direction via a second actuator device attached to the first steering column via the pin, in combination with other features of preceding claim 1;
the allowable subject matter of claim 7 is the second steering column includes a frame portion that is arranged on one side in the first direction of the motor and the gear box and is capable of abutting on the motor or the gear box, in combination with other features of claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art discloses telescoping and retractable steering columns.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA FREEDMAN whose telephone number is (571)272-2442. The examiner can normally be reached Monday-Friday 8am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached at 571-270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA FREEDMAN/
Primary Examiner
Art Unit 3614B