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 amendment filled 08/21/2025 has been entered. Claims 1-6 have been amended. Therefore, claims 1-6 remain pending in the application. Previous 35 USC § 112 rejections have been withdrawn in light of the applicant’s amendments to the claims. However, new 35 USC § 112 rejections have been introduced also as a result of the amendment.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 13 of U.S. Patent No. 11260250.
Instant App ‘555
Parent ‘250
4 A crash bag, comprising:
an impact structure having a first bag wall at least partially defining a first bag air chamber that has a first bag air chamber inlet for receiving pressurized air, and a first bag air chamber operating pressure; and
1.A crash bag, comprising: an impact structure having a first bag wall at least partially defining a first bag air chamber that has a first bag air chamber inlet for receiving pressurized air, and a first bag air chamber operating pressure; and
a first outlet valve that includes
a first peripheral valve wall defining a first valve inlet that is in fluid communication with the first bag air chamber, and
wherein the first peripheral valve wall further defines a first valve outlet, and wherein the first peripheral valve wall is flexible and has an inner face that defines a passage through the first outlet valve between the first valve inlet and the first valve outlet, wherein the first peripheral valve wall has an outer face that is in a first valve air chamber having a first valve air chamber operating pressure,
a first outlet valve having a first valve inlet in fluid communication with the first bag air chamber and a first valve outlet, and having a first peripheral valve wall that is flexible, wherein the first peripheral valve wall has an inner face that defines a first outlet valve passage through the first outlet valve between the first valve inlet and the first valve outlet, wherein the first peripheral valve wall has an outer face that is in a first valve air chamber having a first valve air chamber operating pressure
wherein the first outlet valve has a first outlet valve axis extending between the first valve inlet and the first valve outlet, and wherein the first peripheral valve wall includes a plurality of first peripheral valve wall panels each having a first side edge and a second side edge both of which extend generally axially, wherein the first outlet valve includes a plurality of seams, wherein the first side edge from each of the plurality of first peripheral valve wall panels is joined to the second side edge of an adjacent one of the first peripheral valve wall panels by a seam,
(claim 13 ‘250) wherein the first outlet valve has a first outlet valve axis extending between the first valve inlet and the first valve outlet, and wherein the first peripheral valve wall includes a plurality of first peripheral valve wall panels each having a first side edge and a second side edge both of which extend generally axially, wherein the first side edge from each of the plurality of first peripheral valve wall panels is joined to a second side edge of an adjacent one of the first peripheral valve wall panels by a seam
wherein at least one of the plurality of seams is at least one slope- change seam, wherein the first outlet valve has a transverse plane that is orthogonal to the first outlet valve axis, and wherein the first peripheral valve wall has a slope in the transverse plane, wherein the slope changes by more at the at least one slope-change seam than the slope changes along a portion of the first peripheral valve wall extending between the at least one slope-change seam and a subsequent one of the the plurality of seams.
at least one of the seams is a slope-change seam such that a slope of the first peripheral valve wall in a transverse plane, changes by more at said at least slope-change seam than along a portion of the first peripheral valve wall extending between the slope-change seam and a subsequent one of the seams. It is inherent that a wall extends in two dimensions other than its thickness, hence the wall extends at least on one of its dimensions orthogonal to the valve axis.
Drawings
The drawings are objected to because there is a discrepancy between reference line of numeral 78 between figures 6A and 6B, pointing to different points; i.e., one is pointing to the outer wall of chamber 58 while the other is pointing to the inside.
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 Objections
Claims 1 and 4 are objected to because of the following informalities:
Claim 1, line 13; recites “one of the seams” referring back to “a plurality of seam” established in line 10-11; however, later the claim again utilizes the term “the plurality of seams” consistent use of terms referring back to the same limitation is required throughout the claims. Especially in view of the presence of also “at least one slope-change seam”. While the same issue re-occurs in claim 4 line 19, the issue is further amplified in claim 4 for the use of “a seam”, which appears to establish a new seam in addition to the plurality of seams established in line 17, and furthered in “the plurality of seams” in line 20 which now would need to include what is established in line 17 plus line 19.
Claim 4 last line appears to have word “the” mistyped twice.
Appropriate correction is required.
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 1-6 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 first peripheral valve wall has a slope in the transverse plane, wherein the slope changes by more at the at least one slope-change seam than the slope changes along a portion of the first peripheral valve wall extending between the at least one slope-change seam and a subsequent one of the plurality of seams”; this recitation does not appear to be true; in that (please refer to annotated drawings to follow the explanation below) when traveling from left to right hand side along the direction of the dotted arrow below, as the slope changes at seam 7 upward, it changes again to the flat surface at seam 6, and then it changes again upward at seam 5, and then an even larger change at seam 4 from upward to downward, and a further change to become flat at seam 3, and similar to starting end changes happen at seams 2 and 1 respectively. Hence, for instance, the slope change at seam 5 is not more than the slope change of the portion between seams 5 and 6, and also with respect to seam 5 not more than slope change between seams 6 and 7. Claim 4 is rejected for similar language.
PNG
media_image1.png
514
698
media_image1.png
Greyscale
Dependent claims are rejected at least for depending from a rejected claim.
Allowable Subject Matter
Claims 1-6 would be allowable if rewritten or amended to overcome the double patenting and 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.
Response to Arguments
Applicant’s arguments have been fully considered and are persuasive. The previous rejections have been withdrawn accordingly.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIREF M MEKHAEIL whose telephone number is (571)270-5334. The examiner can normally be reached 10-7 Mon-Fri.
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, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.M.M/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634