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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “locking member” of claim 11 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “a spring glide mounted to the mounting area and configured to dampen vibration transmitted from either the first rail or the second rail; and a damper assembled to an internal surface of the spring glide and configured to prevent deformation of the spring glide.” The limitations are considered unlimited functional language. For example, what structure allows the spring glide to perform the function? Are all spring glides capable of performing the function? The claim further recites “a damper…configured to prevent deformation of the spring glide”. Is the damper the element that provides for the damping function of the spring glide?
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.
Claims 1-15 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 bearing assembly for a vehicle in a rail structure in which two rails slide by being rail-coupled to each other, wherein the two rails, either of which having a mounting area, comprise a first rail and a second rail, the first rail being configured to slide along the second rail, the bearing assembly comprising:”. As written, the scope of the claim is unclear. For example, are the rails considered part of the ‘bearing assembly’ or not? Applicant should rewrite the claim making clear what structure is intended to be part of ‘the bearing assembly.
Claim 12 recites “inclined”, however the claim does not recite from what reference datum the inclination is measured.
Claim 12 recites “to release contact”. As written, it is unclear if how the guide members release contact.
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 1-5, 7-12 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mitani JP 4743812.
Re clm 1, Mitani discloses a bearing assembly (Fig. 6) for a vehicle ([0001]) in a rail structure in which two rails (7 and 27, Fig. 1) slide by being rail-coupled to each other, wherein the two rails, either of which having a mounting area (at 11, Fig. 1), comprise a first rail and a second rail, the first rail being configured to slide along the second rail, the bearing assembly comprising: a spring glide (18, Fig. 6) mounted to the mounting area and configured to dampen vibration transmitted from either the first rail or the second rail; and a damper (for example, any of 24, 20 and 26) assembled to an internal surface of the spring glide and configured to prevent deformation of the spring glide.
The limitations “for a vehicle in a rail structure in which two rails slide by being rail-coupled to each other, wherein the two rails, either of which having a mounting area, comprise a first rail and a second rail, the first rail being configured to slide along the second rail” are intended use of the bearing assembly and therefore given little or no patentable weight. Furthermore, the vehicle and rails are outside the scope of the “bearing assembly” and are therefore given little or no patentable weight. Furthermore, Mitani discloses the two rails (Fig. 5 and 7)
Re clm 2, Mitani further discloses the damper is made of an elastic material (resin, [0029]; springs such as 18 are inherently elastic).
Re clm 3, Mitani further discloses the damper comprises: a main portion (20, Fig. 6) mounted to the mounting area (via 12 being mount into notch 11, Fig. 1); a side extension (for example either 24 or one of 26s) protruding from a side surface (both 24 and 26 protrude from an upper or lower side of 20) of the main portion; and a lower extension (both 26s or the other 26) protruding from a lower end of the main portion (upper and lower have no frame of reference in the claim, thus they can be arbitrarily chosen).
Re clm 4, Mitani further discloses the second rail includes at least one groove (11, Fig. 1) in a length-wise direction of the second rail, and the damper is inserted into the at least one groove.
Re clm 5, Mitani further discloses the spring glide comprises: a body portion (body of 12) mounted to the mounting area; a first shaped portion (top 17, Fig. 4) protruding from an upper surface of the body portion and brought into contact with the first rail to dampen vibration in a first direction transmitted to the body portion; and a second shaped portion (19) protruding from a side surface of the body portion and brought into contact with the first rail to dampen vibration in a second direction transmitted to the body portion.
Re clm 7, Mitani further discloses the first shaped portion is made of an elastic material (spring) and has an arch shape (shown in Fig. 4) and configured to be compressed when vibration occurs in a vertical direction.
Re clm 8, Mitani further discloses the second shaped portion is made of an elastic material (spring) and has an arch shape and configured to be compressed when vibration occurs in a lateral direction (Fig. 4).
Re clm 9, Mitani further discloses the body portion comprises: a plurality of mounting members (left and right ends of 12 with U-shaped void, Fig. 6) stretchable (plastic is stretchable) to correspond to a width (thickness, for example) of the mounting area; and a bottom member (bottom surface of 12, Fig. 6) configured to support a bottom surface of the mounting area and to contact the second rail.
Re clm 10, Mitani further discloses the plurality of mounting members have an elasticity (Young’s modulus), and are stretched outward to guide the body portion to press-fit to the mounting area.
Re clm 11¸ Mitani further discloses the plurality of mounting members each comprise locking members (locking claws 14, Fig. 7) which are bent from the body portion and protrude to face each other to correspond to a shape of the mounting area. It is noted that “are bent” is a product-by-process limitation and thus given little or no patentable weight. The locking members must merely protrude from the body portion to meet the claim limitation.
Re clm 12, Mitani further discloses the bottom member comprises a plurality of guide members (left and right bottom ends of 12, Fig. 6) inclined (relative to an arbitrary plane) at a front and a rear to release contact from the first rail in a length-wise direction.
Re clm 14, Mitani further discloses the first shaped portion is integrated with an upper surface of the body portion (top 17, Fig. 4) and the second shaped portion (19) is integrated with a side surface of the body portion, and either one of or both of the first shaped portion and the second shaped portion is coupled to the mounting area provided in the second rail in a length-wise direction.
Re clm 15, Mitani further discloses the rail structure is any one of a seat rail, a table rail, and an armrest rail (console box 1, Fig. 5).
Allowable Subject Matter
Claims 6 and 13 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN B WAITS whose telephone number is (571)270-3664. The examiner can normally be reached Monday-Thursday from 6-4 EST.
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/ALAN B WAITS/Primary Examiner, Art Unit 3617