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 .
Application Status
Claims 1-10 are pending and have been examined in this application.
This communication is the first action on the merits.
Claims 1-10 are rejected herein.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 04/02/2025 and reviewed by the Examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim 8 is 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 pre-AIA the applicant regards as the invention.
Claim 8 is indefinite because in light of the disclosure, it is unclear what scope the recitation “V-shaped course” intends to entail.
Appropriate correction/explanation is required.
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 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 pre-AIA 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4, 6-8 and 10 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Yomogita (U.S. Pat. No. 9989761 B2).
Regarding claim 1, Yomogita teaches a screen adjustment device for a motor vehicle, the screen adjustment device comprising:
a screen and/or a screen support (2) for supporting the screen adapted to be reversibly moved between a parking position and at least one operating position (Figs. 1A-1C);
at least one electromotive drive unit (5) to generate an actuating force which causes the screen and/or screen support to be adjusted; and
a positioning mechanism (4) for guiding the screen and/or screen support between the parking position and the at least one operating position as well as for transmitting the actuating force,
wherein the positioning mechanism has at least one spindle drive (4j) with a threaded spindle (5n) and with a spindle nut (4n) arranged on it, and
wherein the spindle drive is coupled with the screen and/or with the screen support and with the drive unit.
Regarding claim 2, Yomogita the drive unit (5) is coupled to the spindle nut (4n) and the threaded spindle (5n) to the screen and/or to the screen support (2).
Regarding claim 4, Yomogita teaches the positioning mechanism has a longitudinal adjustment unit (s2) with a bracket (6 and/or 3 and/or Y1 see annotated figure below) and with at least one motor cage (Y2 see annotated figure below) fixed thereto, and wherein the at least one drive unit (5) is rotatably mounted in the motor cage.
Regarding claim 6, Yomogita teaches the bracket (6 and/or 3) is articulated to the screen and/or to the screen support.
Regarding claim 7, Yomogita teaches a guide groove (7a) is incorporated in the bracket in which a guide element (9b2) connected to the screen and/or to the screen support is guided in a movable manner.
Regarding claim 8, Yomogita teaches the guide groove has an essentially V-shaped course in the bracket.
Regarding claim 10, Yomogita teaches the screen adjustment device according to claim 2, wherein at least one drive unit (5) is designed such that it is adapted to be driven backwards in a direction of the parking position via a gearing and transmission (9a, 9b, p1, p2).
Alternatively, claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Moussa (U.S. Pat. No. 9989761 B2).
Regarding claim 1, Yomogita teaches a screen adjustment device for a motor vehicle, the screen adjustment device comprising:
a screen and/or a screen support (20, 22) for supporting the screen adapted to be reversibly moved between a parking position and at least one operating position (Figs. 1A-1C);
at least one electromotive drive unit (24) to generate an actuating force which causes the screen and/or screen support to be adjusted; and
a positioning mechanism (28) for guiding the screen and/or screen support between the parking position and the at least one operating position as well as for transmitting the actuating force,
wherein the positioning mechanism has at least one spindle drive with a threaded spindle (26) and with a spindle nut (30) arranged on it, and
wherein the spindle drive is coupled with the screen and/or with the screen support and with the drive unit.
Regarding claim 3, The screen adjustment device according to claim 2, wherein the threaded spindle (26) is directly connected to the screen and/or to the screen support (20, 22) at an end.
Allowable Subject Matter
Claims 5 and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/ Primary Examiner, Art Unit 3631
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