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 .
Information Disclosure Statement
The information referred to in the IDS filed May 21, 2025 has been considered.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “means of said common adjustment mechanism” in claim 1.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 1 recites the limitation “only a swivel adjustment of at least one of said neck support area and said head support area is enabled” in lines 8-10. The phrase “at least one of” suggests that a few and one of the neck support area and the head support area is capable of being swiveled. In can be seen in any of the disclosed figures that the head support area and the neck support area integrally formed as a single unit. This singular formed unit negates one of the head support area or the neck support area being capable of swiveling without the other. The depiction of the invention in the drawings does not appear capable of meeting the claimed limitation described above, therefore enablement is lacking. The remaining claims are rejected as each depends either directly or indirectly from rejection claim 1.
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 1-16 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 “height adjustment … is enabled and, alternatively, only a swivel adjustment … is enabled” in lines 7 to 10. It is unclear if Applicant intends to define a height adjustment capability and a swivel adjustment capability, or a height adjustment capability or a swivel adjustment capability. Clarification in the claim language is required.
Claim 6 recites “a liner guide” in line 2. It is unclear what structure is intended to represent this limitation.
Claim 12 recites the limitation “is at least partially compensated for” in line 3. It cannot be ascertained from the claim language what is intended to be defined by “compensated for”. As such, the metes and bounds of the claim are vague. Similarly note claim 13.
Claim 14 recites the limitation “in the direction of the user”. This limitation is vague as it suggests that the user is part of the invention. Note that when there is no user, the direction is undefined. This necessarily renders the claim as indefinite.
The remaining claims are indefinite as each depends from an indefinite claim.
Drawings
The drawings filed May 21, 2025 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the structure supportive of “only a swivel adjustment of at least one of said neck support area and said head support area is enabled” (see lines 8-10 in claim 1) must be shown or the feature(s) canceled from the claim(s). Note the discussion of this matter in the rejection under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, above. 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 § 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, 3, 11, 12, 14, 15, and 16, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE4305909A1.
Note an adjustable head and neck support, comprising; a head support area (upper end of 1); a neck support area (lower end of 1); and a common adjustment mechanism (2-4, 10) and by means of said common adjustment mechanism a coupled movement of said head support area and said neck support area is enabled, wherein said common adjustment mechanism is configured such that a joint height adjustment (see the abstract) of said head support area and said neck support area in a Z direction is enabled and, alternatively, only a swivel adjustment (see the abstract) of at least one of said neck support area and said head support area is enabled, so that after the swivel adjustment has been carried out, said neck support area is capable of being oriented forward in a direction of a user.
Regarding claim 2, note the neck support area has a support (inner framework of 1) whose inclination with respect to the Z direction is changed during the swivel adjustment.
Regarding claim 3, note the head support area and said neck support area are configured in one piece and form a combined support unit. See Figure 2.
Regarding claim 11, note the common adjustment mechanism is configured such that, during the swivel adjustment, said neck support area is swiveled farther forward than said head support area. Note when swiveled clockwise, relative to the depiction in Fig. 2.
Regarding claim 12, note the adjustable head and neck support are configured such that a movement component in the Z direction is at least partially compensated for during the swiveling movement. Note that at least a portion of the head or neck area is lowered or raised during swiveling.
Regarding claim 14, note an additional adjustment mechanism (6) providing for a linear adjustment of at least said neck support area forward in the direction of the user.
Regarding claim 15, note an electric motor, wherein the joint height adjustment and the swivel adjustment are driven by said electric motor. See line 2 on page 2 of the translation.
Regarding claim 16, note a vehicle seat (see element 5), comprising: the adjustable head and neck support according to claim 1.
Claim(s) 1, 2, 3, 11, 12, 14, and 16, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE4232610A1.
In Fig. 6, note an adjustable head and neck support, comprising; a head support area (above 38); a neck support area (38); and a common adjustment mechanism (12, 54, 60) and by means of said common adjustment mechanism a coupled movement of said head support area and said neck support area is enabled, wherein said common adjustment mechanism is configured such that a joint height adjustment (58) of said head support area and said neck support area in a Z direction is enabled and, alternatively, only a swivel adjustment (62) of at least one of said neck support area and said head support area is enabled, so that after the swivel adjustment has been carried out, said neck support area is capable of being oriented forward in a direction of a user.
Regarding claim 2, note the neck support area has a support (18) whose inclination with respect to the Z direction is changed during the swivel adjustment.
Regarding claim 3, note the head support area and said neck support area are configured in one piece and form a combined support unit. See Figure 6.
Regarding claim 11, note the common adjustment mechanism is configured such that, during the swivel adjustment, said neck support area is swiveled farther forward than said head support area. Note when swiveled clockwise, relative to the depiction in Fig. 6.
Regarding claim 12, note the adjustable head and neck support are configured such that a movement component in the Z direction is at least partially compensated for during the swiveling movement. Note that at least a portion of the head or neck area is lowered or raised during swiveling.
Regarding claim 14, note an additional adjustment mechanism (52) providing for a linear adjustment of at least said neck support area forward in the direction of the user.
Regarding claim 16, note a vehicle seat (see element 14), comprising: the adjustable head and neck support according to claim 1.
Claim(s) 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, and 16, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR2796345A1.
In Fig. 6, note an adjustable head and neck support, comprising; a head support area (upper end of 1; see Fig. 2); a neck support area (lower end of 1; see Fig. 2); and a common adjustment mechanism (4, 5, 8) and by means of said common adjustment mechanism a coupled movement of said head support area and said neck support area is enabled, wherein said common adjustment mechanism is configured such that a joint height adjustment (see Figs. 2-3) of said head support area and said neck support area in a Z direction is enabled and, alternatively, only a swivel adjustment (see Fig. 4 to Fig. 2) of at least one of said neck support area and said head support area is enabled, so that after the swivel adjustment has been carried out, said neck support area is capable of being oriented forward in a direction of a user.
Regarding claim 2, note the neck support area has a support (2) whose inclination with respect to the Z direction is changed during the swivel adjustment.
Regarding claim 3, note the head support area and said neck support area are configured in one piece and form a combined support unit. See Fig. 1.
Regarding claim 4, note a linkage area (2); and a swivel bearing (9), wherein said common adjustment mechanism is linked at least indirectly to said combined support unit via said linkage area and said swivel bearing, wherein for the joint height adjustment in the Z direction said linkage area and said swivel bearing are moved together, and for the swivel adjustment said linkage area is moved forward and said combined support unit is swiveled about said swivel bearing (i.e. the swivel axis of the swivel bearing).
Regarding claim 5, note adjusting elements (2, 2); and wherein said common adjustment mechanism has a toggle lever mechanism (4, 4) with two toggle levers (4 on each side) which are connected to one another at a toggle joint (8) and which are each hingedly supported on one of said adjusting elements (by 8).
Regarding claim 6, note a linear guide (7, 7), wherein said adjusting elements are moved along said linear guide in the Z direction.
Regarding claim 7, note the joint height adjustment, said adjusting elements are moved jointly with one another in the Z direction. See Figs. 2 to 3.
Regarding claim 10, note the toggle joint is linked asymmetrically to said combined support unit at a lower portion, at least indirectly. See Figs. 2-4.
Regarding claim 11, note the common adjustment mechanism is configured such that, during the swivel adjustment, said neck support area is swiveled farther forward than said head support area. See Figs. 4 to 2.
Regarding claim 12, note the adjustable head and neck support are configured such that a movement component in the Z direction is at least partially compensated for during the swiveling movement. Note that at least a portion of the head or neck area is lowered or raised during swiveling.
Regarding claim 13, note at least one of said adjusting elements is moved for compensation. See Figs. 2-4.
Regarding claim 16, note a vehicle seat (see element 10), comprising: the adjustable head and neck support according to claim 1.
Conclusion
Note that claims 8 and 9 have not been rejected in view of the prior art, however these claims are not considered allowable in view of rejections under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first and second paragraphs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MILTON NELSON JR whose telephone number is (571)272-6861. The examiner can normally be reached M-F 5:30am-1:30pm.
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mn /MILTON NELSON JR/September 23, 2026 Primary Examiner, Art Unit 3636
