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 following correspondence is a non-final Office Action for application no. 18/971,267, for a DRIVE MODULE, LONGITUDINAL ADJUSTMENT DEVICE AND VEHICLE SEAT, filed on 12/6/2024. Claims 1-15 are pending.
Priority
Applicant is advised of possible benefits under 35 U.S.C. 119(a)-(d) and (f), wherein an application for patent filed in the United States may be entitled to claim priority to an application filed in a foreign country.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “128.2” has been used to designate both an overhead element and a drive unit. 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "128.2" and "128.3" have both been used to designate a drive unit. 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. 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.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
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 1-15 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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claim 1 recites the limitation "which for movement is coupled" is unclear and confusing. It is unclear what this term means. Appropriate clarification is requested. Claims 2-15 are rejected for the same reasons as dependent on claim 1.
Claim 2 recites the limitation "the outside" therein. There is insufficient antecedent basis for this limitation in the claim. Claims 3-6 are rejected for the same reasons as dependent on claim 2.
Claim 5 recites the limitation regarding “behind one another” but it is unclear which member is behind which member. Both members cannot be behind each other. Claim 6 is rejected for the same reasons as dependent on claim 5.
Claim 7 recites the limitation "the housing" therein. There is insufficient antecedent basis for this limitation in the claim. Claim 8 is rejected for the same reasons as dependent on claim 7.
Claim 8 recites the limitation "the longitudinal sides" therein. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 12 and 13, the terms “with play” and “without play” appear to be colloquial terms that can be interpreted in varying manners and are therefore unclear and confusing. Appropriate clarification is requested.
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, 2, 7, 8, 10 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Petit et al. (U.S. Pat. 11,890,970).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Drive unit)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Drive shaft/
1st shaft portion)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Shaft portions)][AltContent: textbox (Overload element)][AltContent: arrow][AltContent: textbox (Drive motor)][AltContent: arrow][AltContent: textbox (2nd shaft portion )][AltContent: arrow][AltContent: arrow]
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Regarding claim 1, as best understood, Petit teaches a drive module, comprising: - a drive unit having a single drive motor (18) which comprises a drive shaft having a plurality of shaft portions, having at least one drive gear (19) which for movement is coupled to a first shaft portion; - at least one gear unit; and - at least one overload element which for movement is coupled to a second shaft portion; wherein the gear unit couples the first shaft portion to the drive gear, and the second shaft portion to the overload element.
[AltContent: textbox (Gear unit)][AltContent: textbox (Drive gear)]
Regarding claim 2, as best understood, Petit teaches a drive module of claim 1, further comprising a housing (16a) in which the gear unit is disposed, and on which at least partially on the outside the drive gear is mounted so as to be freely movable and the overload element is mounted so as to be freely movable.
Regarding claim 7, as best understood, Petit teaches a drive module of claim 1, wherein the housing comprises a rotary bearing (on which roller 23 is mounted).
Regarding claim 8, as best understood, Petit teaches a drive module of claim 7, wherein the rotary bearing is designed as at least one central bearing bushing which protrudes perpendicularly outwards from one of the longitudinal sides of the housing (Fig. 6).
Regarding claim 10, as best understood, Petit teaches a longitudinal adjustment device which comprises at least one rail assembly having a fixed lower rail (6), and an upper rail (16a) which is adjustable relative to the lower rail, and at least one drive module according to claim 1, which is able to be coupled, or is coupled, to the rail assembly.
Regarding claim 15, as best understood, Petit teaches a vehicle seat (2) having a longitudinal adjustment device according to Claim 10.
Allowable Subject Matter
Claims 3-6, 9 and 11-14 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. USP 11906028, 10583752, 12253156, 11890970 (drive modules).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NKEISHA J. SMITH whose telephone number is (571)272-5781. The examiner can normally be reached Normal hours: M/Th 7-4; T 9-5; W 7-3; F 7-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NKEISHA SMITH/Primary Examiner, Art Unit 3632 June 26, 2026
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