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 "a screw penetrating the base plate and cover plate" recited in claim 6 must be shown or the feature(s) canceled from the claim(s). The “screw”, designated with “13”, is shown in figures 1-2 and 4 as “penetrating the base plate” but not penetrating the “cover plate”; rather, the screw penetrates the base plate and the “spring support 21”. 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 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 1-10 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 the limitation "the back plate" in the last line. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-10, which depend(s) from a claim rejected above for being indefinite, is/are also indefinite.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Desanta (US 2015/0245713).
Claim 1- Desanta discloses a seat back plate adjustment device, including:
a connection mechanism (base 20, front bearing member 50) sleeved on a seat base lifting cylinder (18); and
a swinging mechanism (rear seat plate 34) fixedly provided on the connection mechanism and an adjustment mechanism (not shown) penetrating the connection mechanism (¶ 26-27);
wherein the swinging mechanism includes a spring support (44) fixedly provided on the connection mechanism, two swinging springs (damping pads 46) symmetrically set about a center line (defined by axis B) of the spring support (figs. 6 & 9), an insertion plate (backrest front portion 38) and a rotating shaft (not shown, along axis B) abutted against the swinging springs (¶ 33-34); and
wherein the rotating shaft runs through the insertion plate (fig. 9) and the spring support (figs. 6 & 10), the insertion plate (38) is rotatably connected with the spring support (¶ 33-34), and the insertion plate is fixedly connected to a back plate (backrest support lower leg 30) of the seat (¶ 35, 37).
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) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Desanta in view of Paquette (US 4013257).
Claim 2- Desanta discloses the seat back plate adjustment device of claim 1, wherein the insertion plate (38) includes a positioning plate (configured as a pair of lower plates 40, which function to position the backrest support lower leg 30), extension plates symmetrically connected to both sides of the positioning plate (the upper plates 42 have inner ends coupled to inner ends of the lower plates 40), and two support plates (not designated) vertically disposed on the positioning plate (figs. 9-10 show that the bearing member 36 includes vertically extending plate portions that define the axis B); and the support plate is provided with shaft holes (the vertically extending plate portions include holes formed therein aligned along the axis B), and the rotating shaft (not shown, along axis B) is threaded on the support plate.
Desanta teaches that the rotating shaft is passed through the holes of the bearing member (36), wherein the term “threaded” is directed to passing an element through an opening in the manner of a thread passing through a needle eye. Desanta does not teach that the positioning plate is provided with threaded holes.
Paquette teaches a seat back plate adjustment device comprising: a spring housing (17) including upper and lower wall portions (27, 29) that function as positioning plates for a seat back plate (33); wherein the wall portions are provided with a threaded hole (35). Paquette teaches the conventionality of suitably providing a threaded hole or holes for a seat back plate adjustment device.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the insertion plate of Desanta with threaded holes, as taught by Paquette, in order to suitably provide suitable holes for shaft elements of the insertion plate.
Claim 3- Desanta and Paquette teaches the seat back plate adjustment device of claim 2, wherein Desanta teaches that the positioning plate (40) is symmetrically provided in engagement with the pair of swinging springs (46); and wherein Paquette teaches that an end wall (25) of the spring housing (17), which also functions as a positioning plate (col. 2: 51-57), engages a pair of compression springs (55) via the end wall (25) being symmetrically provided with two limiting bumps (49), and the limiting bumps are inserted in the compression springs (figs. 3-4). Accordingly, the positioning plate of Desanta would further comprise being symmetrically provided with two limiting bumps, wherein the limiting bumps are inserted in the swinging springs.
Claim 4- Desanta and Paquette teach the seat back plate adjustment device of claim 2, and Paquette further teaches providing the pivot pins (21, 61, 75) of the device with conventional locking means or methods of holding the pins in place (col. 2: 26-34). Paquette does not explicitly disclose wherein gaskets are provided in the shaft hole on the support plate, with the gaskets being sleeved on the rotating shaft; however, the claimed “gaskets” is a conventional method of holding coupling elements like pins and shafts in place (a gasket being a sealing element for a junction between two components of a mechanical device). Thus, it would have been obvious to a person of ordinary skill in the art to provide gaskets in the shaft hole of Desanta’s support plate that are sleeved on the rotating shaft, as suggested by Paquette’s teaching, in order to provide a conventional means of holding the rotating shaft within the shaft hole.
Allowable Subject Matter
Claims 5-10 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANIA ABRAHAM whose telephone number is (571)272-2635. The examiner can normally be reached 9 am - 5:30 pm.
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/T.A./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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