DETAILED ACTION
In Response to Applicant’s Remarks Filed 7/10/26
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-11 are pending.
Claims 1-11 have been examined.
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) 1-8 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 9481269) (“Kim”). Kim discloses a fitting for a vehicle seat, comprising a first fitting part having a toothed ring (fig. 2: 110) and a second fitting part having a gearwheel (fig. 2: 120), the gearwheel being in meshing engagement with the toothed ring, and the first fitting part and the second fitting part being wobblingly rotatable relative to each other about an axis, in that an eccentric makes it possible to drive a relative rolling contact motion between the gearwheel and the toothed ring, the eccentric having two wedge segments (fig. 2: 220) and at least one driver segment (fig. 2: 150) arranged between the wedge segments, characterized in that the at least one driver segment has at least one lubricant reservoir filled with a lubricant (fig. 3: 240), wherein the at least one lubricant reservoir has an opening through which the lubricant leaves the at least one lubricant reservoir (fig. 3: each reservoir 240 has at least one open face/opening for releasing the lubricant), wherein the two wedge segments each have a curved inner surface and a curved outer surface (shown in fig. 4), and the two wedge segments are supported with the curved
As concerns claim 2, Kim discloses wherein the at least one lubricant reservoir at the start of a service life of the fitting is completely filled with a lubricant and during the service life of the fitting lubricant can leave the lubricant reservoir (Cols. 6-7, lines 27-22: reservoirs are filled with lubricant 240 to spread on 121).
As concerns claim 3, Kim discloses the at least one driver segment has a first contact surface (fig. 4: 240 upper portion contacting 121) and a second contact surface (fig. 4: lower surfaces of 240 contacting 110), the at least one driver segment being radially inwardly supportable and slidingly mounted on one of the two fitting parts by the first contact surface, and radially outwardly supportable and slidingly mounted on the other one of the two fitting parts by the second contact surface.
As concerns claim 4, Kim discloses wherein the at least one driver segment is radially inwardly supportable and slidingly mounted on a collar (fig. 4: 121) of the second fitting part by the first contact surface.
As concerns claim 5, Kim discloses wherein the first contact surface and/or the second contact surface has an opening, through which lubricant can leave the at least one lubricant reservoir (fig. 4: upper part of 240 is open to contact 121).
As concerns claim 6, Kim discloses wherein the at least one lubricant reservoir is formed by a depression in the first contact surface and/or a depression in the second contact surface (as shown in fig. 4).
As concerns claim 7, Kim discloses wherein the depression extends in the axial direction (fig. 3: depressions 240 extend in a direction depressed into the driver segment away from the radius) over the entire width of the at least one driver segment (fig. 3: 240 extends across the entire width of the driver segment in a front-rear direction, similar to the present invention).
As concerns claim 8, Kim discloses wherein the eccentric has exactly one driver segment (portion having reservoirs 240 is a single segment), the driver segment having the at least one lubricant reservoir.
As concerns claim 10, Kim discloses a seat part, a backrest and at least one fitting according to claim 1, the backrest being inclination-adjustably connected to the seat part by the at least one fitting (Col. 1, lines 15-23).
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) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 9481269) (“Kim”) in view of Kim et al. (US 10183594) (“Kim 2”). Kim teaches a fitting for a vehicle seat, comprising a first fitting part having a toothed ring (fig. 2: 110) and a second fitting part having a gearwheel (fig. 2: 120), the gearwheel being in meshing engagement with the toothed ring, and the first fitting part and the second fitting part being wobblingly rotatable relative to each other about an axis, in that an eccentric makes it possible to drive a relative rolling contact motion between the gearwheel and the toothed ring, the eccentric having two wedge segments (fig. 2: 220) and at least one driver segment (fig. 2: 150) arranged between the wedge segments, characterized in that the at least one driver segment has at least one lubricant reservoir filled with a lubricant (fig. 3: 240), wherein the at least one lubricant reservoir has an opening through which the lubricant leaves the at least one lubricant reservoir (fig. 3: each reservoir 240 has at least one open face/opening for releasing the lubricant), wherein the two wedge segments each have a curved inner surface and a curved outer surface (shown in fig. 4). Kim does not teach wherein the two wedge segments are supported with the curved inner surfaces on a collar of the second fitting part.
However, Kim 2 teaches a similar fitting for a vehicle seat wherein the two wedge segments (fig. 2: 40) have curved inner and outer surfaces such that the inner surface is supported directly on a collar (fig. 2: 11) of a second fitting part (fig. 2: 11; Col. 4, lines 45-51). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to try directly supporting the wedge segments on the collar of 120 without the collar sleeve 210, as taught by Kim 2, in order to provide the desired mating/friction connection within the fitting.
As concerns claim 2, Kim, as modified, teaches wherein the at least one lubricant reservoir at the start of a service life of the fitting is completely filled with a lubricant and during the service life of the fitting lubricant can leave the lubricant reservoir (Cols. 6-7, lines 27-22: reservoirs are filled with lubricant 240 to spread on 121).
As concerns claim 3, Kim, as modified, teaches wherein the at least one driver segment has a first contact surface (fig. 4: 240 upper portion contacting 121) and a second contact surface (fig. 4: lower surfaces of 240 contacting 110), the at least one driver segment being radially inwardly supportable and slidingly mounted on one of the two fitting parts by the first contact surface, and radially outwardly supportable and slidingly mounted on the other one of the two fitting parts by the second contact surface.
As concerns claim 4, Kim, as modified, teaches wherein the at least one driver segment is radially inwardly supportable and slidingly mounted on a collar (fig. 4: 121) of the second fitting part by the first contact surface.
As concerns claim 5, Kim, as modified, teaches wherein the first contact surface and/or the second contact surface has an opening, through which lubricant can leave the at least one lubricant reservoir (fig. 4: upper part of 240 is open to contact 121).
As concerns claim 6, Kim, as modified, teaches wherein the at least one lubricant reservoir is formed by a depression in the first contact surface and/or a depression in the second contact surface (as shown in fig. 4).
As concerns claim 7, Kim, as modified, teaches wherein the depression extends in the axial direction (fig. 3: depressions 240 extend in a direction depressed into the driver segment away from the radius) over the entire width of the at least one driver segment (fig. 3: 240 extends across the entire width of the driver segment in a front-rear direction, similar to the present invention).
As concerns claim 8, Kim, as modified, teaches wherein the eccentric has exactly one driver segment (portion having reservoirs 240 is a single segment), the driver segment having the at least one lubricant reservoir.
Kim, as modified, does not teach wherein the eccentric has two circumferentially spaced-apart driver segments, each of the two driver segments having exactly one lubricant reservoir. However, Kim 2 teaches a driver segment having two driver segments circumferentially spaced apart (Kim, fig. 4: left and right spaced apart driver segments/depressions). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to modify the reservoir driver segments of Kim to be spaced apart, as taught by Kim 2, in order to provide the desired amount of oil and/or support for the driver.
As concerns claim 10, Kim, as modified, teaches wherein a seat part, a backrest and at least one fitting according to claim 1, the backrest being inclination-adjustably connected to the seat part by the at least one fitting (Col. 1, lines 15-23).
As concerns claim 11, Kim, as modified, teaches wherein the two wedge segments are directly supported with the curved inner surfaces on the collar of the second fitting part (Kim 2, Col. 4, lines 45-51).
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection applies the Kim 2 reference in order to address the wedge segments being supported on the collar of second fitting part, as necessitated by amendment. As discussed above, Kim 2 teaches placement of the wedges on the internal collar (fig. 2: 11) of the second fitting part which would have been obvious to apply to the mechanism of Kim in place of the collar sleeve 120, with this modification/arrangement being considered old and well known in the art for recliner fittings.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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