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 .
Claims 1-17 are pending.
Claims 1-17 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) 1-3, 7-13, 15 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Poehlmann et al. (US 8573703) (“Poehlmann”). Poehlmann discloses a device for attaching a headrest on a vehicle seat with the possibility of adjusting the headrest relative to the vehicle seat according to an adjustment axis, the device for attaching comprising a receiving space (fig. 1: 35a,b) for receiving a support element (Fig. 1: 5) of the headrest, a locking element (fig. 2: 23a,b) movable between a locking position wherein the locking element blocks the support element in translation according to the adjustment axis and an unlocking position wherein the locking element frees the support element in translation according to the adjustment axis, a control member (fig. 2: 15), and a transmission mechanism comprising at least one rotatable transmission element (fig. 2: 26) movable in rotation around a rotation axis parallel to the adjustment axis, a rotation of each transmission element causing the displacement of the locking element from the locking position to the unlocking position.
As concerns claim 2, Poehlmann discloses wherein the control member is movable in translation according to a direction of translation perpendicular to the adjustment axis (fig. 2: 15 is moved left-right).
As concerns claim 3, Poehlmann discloses wherein the rotation axis of each transmission element is distinct from the adjustment axis (as shown in fig. 2).
As concerns claim 7, Poehlmann discloses wherein the locking element is movable in translation between the locking position and the unlocking position (as shown in fig. 2).
As concerns claim 8, Poehlmann discloses wherein the locking element is movable in translation according to a translation axis perpendicular to the adjustment axis (23a,b, translates forward-backward).
As concerns claim 9, Poehlmann discloses wherein the locking element is movable in translation according to the translation axis perpendicular to the adjustment axis, radial relative to the adjustment axis (fig. 3: 23a,b moves radially outward from the support element in the same fashion as the present application).
As concerns claim 10, Poehlmann discloses wherein the locking element extends into the receiving space in the locking position and is clear of the receiving space or extends less into the receiving space in the unlocking position (in the unlocking position the 23a translates away from the tubular receiving space of 51 which holds support 5).
As concerns claim 11, Poehlmann discloses wherein each transmission element comprises a first cooperation element by means of which it engages with the control member (fig. 3: the hole that receives 15) and a second cooperation element by means of which it engages with the locking element (fig. 3: tip 24).
As concerns claim 12, Poehlmann discloses wherein the first cooperation element and the second cooperation element are at a distance from each other according to the rotation axis of the transmission element (they are at opposite ends separated by the distance of the length of the transmission element).
As concerns claim 13, Poehlmann discloses wherein the transmission element comprises two transmission elements (as shown in fig. 2).
As concerns claim 15, Poehlmann discloses a return device comprising at least one elastic return member arranged to return the locking element from the unlocking position to the locking position (Col. 6, lines 44-52).
As concerns claim 16, Poehlmann discloses a backrest equipped with the device for attaching according to claim 1 for attaching a headrest to the backrest (Col. 6, lines 19-24).
Allowable Subject Matter
Claims 4-6, 14 and 17 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art reference of Poehlmann fails to teach
wherein the rotation axis of each transmission element coincides with the adjustment axis;
a tubular sleeve delimiting the receiving space, each transmission element being rotatably mounted on the tubular sleeve;
wherein the two transmission elements pivot in opposite rotation directions to displace the locking element from the locking position to the unlocking position; or
wherein the receiving space is provided in the backrest.
Further, there is no teaching, suggestion or motivation to modify the prior art absent hindsight.
Conclusion
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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