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 .
Claims 1-11 are pending.
Claims 1-11 have been examined.
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 1-11 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.
Claims 1 and 10 recite "an oscillating seat and/or a utility vehicle seat". As the claim recites "and/or", it is unclear how the vehicle seat could be two seats at once (oscillating seat AND a utility seat).
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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pelka (US 9970786).
As concerns claim 1, Pelka discloses an oscillating framework for a vehicle seat, comprising an oscillating seat (Pelka, fig. 1: 2) and/or a utility vehicle seat, comprising at least one lower frame (Pelka, fig. 4A: 3) and a link (Pelka, fig. 4A: 6 and 7) which is capable of oscillating, is movable relative to the lower frame (Pelka, fig. 4A: 3) and is coupled at least at a lower link end (Pelka, fig. 4A: 9 and 45) via a transverse rod (Pelka, fig. 4A: 10) to the lower frame (Pelka, fig. 4A: 3), wherein at least one position detection device (Pelka, fig. 2A: 11) for detecting an assumed relative position of the transverse rod (Pelka, fig. 4A: 10) is arranged in the lower frame (Pelka, fig. 4A: 3), and wherein the transverse rod (Pelka, fig. 4A: 10) is conjointly movable about an axis of rotation during movement of the link (Pelka, fig. 4A: 6 and 7).
As concerns claim 2, Pelka discloses wherein the position detection device (Pelka, fig. 2A: 11) is designed to determine a deflection of the link (Pelka, fig. 4A: 6 and 7) and/or a seat height of the vehicle seat (Pelka, fig. 1: 2) with reference to the detected relative position of the transverse rod (Pelka, fig. 4A: 10).
As concerns claim 3, Pelka discloses wherein the lower link end (Pelka, fig. 4A: 9 and 45) is connected to the transverse rod (Pelka, fig. 4A: 10) for rotation therewith.
As concerns claim 4, Pelka discloses wherein the position detection device (Pelka, fig. 2A: 11) is arranged in an articulation region of the transverse rod (Pelka, fig. 4A: 10) in and/or on the lower frame (Pelka, fig. 4A: 3).
As concerns claim 5, Pelka discloses wherein at least one bearing element (Pelka, fig. 4A: 43) is arranged in a cavity of the lower frame (Pelka, fig. 4A: 3), the bearing element (Pelka, fig. 4A: 43) comprising at least one bearing receptacle (Pelka, fig. 4A: 43) in which the transverse rod (Pelka, fig. 4A: 10) is held in a rotatably guided manner, wherein the position detection device (Pelka, fig. 2A: 11) is arranged at an end opposite the bearing element (Pelka, fig. 4A: 43) in the cavity of the lower frame (Pelka, fig. 4A: 3).
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.
Claims 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over Pelka (US 9970786) in view of Ginn (US 4909560).
As concerns claim 6, Pelka teaches the position detection device (Pelka, fig. 2A: 11) comprises at least one angle sensor (Pelka, fig. 2A: 11) which is designed to detect an angular position of the transverse rod (Pelka, fig. 4A: 10) as a relative position; the angle sensor (Pelka, fig. 2A: 11) is arranged on and/or in the transverse rod (Pelka, fig. 4A: 10).
However, Pelka does not teach a permanent magnet (Ginn, fig. 4: 44) interacting with the angle sensor.
Ginn teaches a permanent magnet (Ginn, fig. 4: 44) interacting with the angle sensor.
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to modify the position detection device as taught by Pelka to include a magnet as taught by Ginn in order for the angle sensor to detect an angular position.
As concerns claim 7, Pelka teaches the transverse rod (Pelka, fig. 4A: 10) comprises a cavity.
However, Pelka does not teach a magnet carrier is fastened in a cavity on the transverse rod.
Ginn teaches a magnet carrier (Ginn, fig. 3: 46).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to modify the transverse rod as taught by Pelka to include a magnet carrier as taught by Ginn in order to safely hold the magnet.
As concerns claim 8, Pelka teaches wherein the link (Pelka, fig. 4A: 6 and 7) is capable of oscillating, wherein an upper link end (Pelka, fig. 4A: 44 and 46) of the link (Pelka, fig. 4A: 6 and 7) is held in a manner guided movably in the longitudinal direction on an upper frame (Pelka, fig. 4A: 4) via a sliding element, and wherein a height of the upper frame (Pelka, fig. 4A: 4) with respect to the lower frame (Pelka, fig. 4A: 3) is changeable by a movement of the link (Pelka, fig. 4A: 6 and 7).
As concerns claim 9, Pelka teaches which comprises at least one oscillatable pair of links (Pelka, fig. 4A: 6 and 7) which intersect at a scissor axis (Pelka, fig. 4A: 8), wherein the links (Pelka, fig. 4A: 6 and 7) are pivotable relative to each other about the scissor axis (Pelka, fig. 4A: 8).
As concerns claim 10, Pelka teaches a vehicle seat (Pelka, fig. 1: 2), comprising an oscillating seat (Pelka, fig. 1: 2) and/or a utility vehicle seat, having at least one seat part (Pelka, fig. 1: 24) and an oscillating framework (Pelka, column 2, lines 55-56), which is connected to the seat part (Pelka, fig. 1: 24), as claimed in claim 1.
As concerns claim 11, Pelka teaches wherein the oscillating framework (Pelka, column 2, lines 55-56) is a scissors-type framework (Pelka, fig. 4A; 5) which is capable of oscillating.
Conclusion
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JESSICA K THOMPSON
Examiner
Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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