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 .
Response to Amendment
The amendment filed on 4/14/2025 has been entered.
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 10 and 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.
Claim 10, the phrase “the average thickness of the multilayer film” lacks antecedent basis.
Claim 10, the phrase “the lower limit of a layer ratio of the adhesive layer” lacks antecedent basis.
Claim 10, the phrase “the upper limit of a layer ratio of the adhesive layer” lacks antecedent basis.
Claim 10, the requirement that the average thickness of the multilayer film be 100% renders the claims indefinite. It is unclear what specific thickness is being claimed. A 100% of what?
Claim 10, the requirement that the lower limit of a layer ratio of the adhesive layer be 1% or more renders the claim indefinite. It is unclear what is considered a “layer ratio” or what is considered a lower limit of a layer ratio or how to calculate any layer ratio or how a ratio can be a percentage. A ratio is a quantitative relation between two amounts, not a percentage.
Claim 10, the requirement that the upper limit of a layer ratio of the adhesive layer be 50% or less renders the claim indefinite. It is unclear what is considered a “layer ratio” or what is considered an upper limit of a layer ratio or how to calculate a layer ratio or how a ratio can be a percentage.
Claim 11, the phrase “the average thickness of each layer” lacks antecedent basis.
Claim 11, the requirement that “a range of a ratio of the average thickness of each layer” be a specific percentage for each layer renders the claim indefinite. It is unclear what is being claimed. For example, it is unclear how a “range of a ratio” can be a percentage.
Claim Rejections - 35 USC § 103
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 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 1 and 4-12 are rejected under 35 U.S.C. 103 as obvious over USPAP 2018/0319359 to Harabayashi in view of USPN 3,932,340 to Kamosaki and USPN 4,883,696 to Iwanami and further in view of (when necessary) USPAP 2022/0212624 to Yamada.
Claims 1, 7 and 8, Harabayashi discloses an airbag multilayer complex comprising a base fabric bonded to a multilayer film comprising an adhesive layer and an outer coating layer (see entire document including [0034]). Harabayashi discloses that the cloth may be woven (title), the yarn material may be a polyamide-based [0074], the yarn fineness may be 150 to 1000 dtex [0076], the single yarn fineness may be 0.5 to 8 dtex [0076], the weave density may be 25 to 80 yarns/2.54 cm [0080], the cover factor may be 1250 to 2500 [0081], the coating material may be polyamide-based [0088], the adhesive material may be a copolymerized polyamide-based resin [0089], the melting temperature of the adhesive may be 80 to 180 ºC [0087], the thickness of coating material may be 10 to 100 microns [0090], and the thickness of the adhesive layer may be 20 to 80% of the total thickness of the coating material [0091].
Harabayashi discloses that the adhesive may be a polyamide-based copolymer [0089]. Harabayashi does not appear to specifically mention the specifically claimed polyamide-based copolymer but Kamosaki discloses that it is known in the art to construct polyamide-based copolymer adhesive from two or more of the claimed types (see entire document including column 1, lines 9-43). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the polyamide-based copolymer adhesive of Harabayashi from any suitable polyamide-based copolymer adhesive, such as disclosed by Kamosaki, because it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability and desired characteristics.
Harabayashi does not appear to mention the glass transition temperature of the adhesive but Harabayashi discloses that the outer layer may be an EVOH-based resin or a polyamide resin [0088] and Iwanami discloses that it is known in said gas impermeable laminate bag art to use a polyamide adhesive with a glass transition temperature of at least 30 ºC to provide a laminate that is gas impermeable and has excellent flex crack resistance, drawability and heat moldability (see entire document including column 1, lines 10-14, column 2, lines 5-25, and column 4, lines 1-8). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the adhesive of Harabayashi with the claimed glass transition temperature, to provide a laminate that is gas impermeable and has excellent flex crack resistance, drawability and heat moldability. Plus, the examiner takes official notice that the glass transition temperature for conventional polyamides (nylons) is about 65 ºC.
Considering that the applied prior art discloses a substantially identical airbag multilayer complex in terms of structure and materials compared to the airbag multilayer complex disclosed in the current specification, the claimed properties appears to be inherent. The Patent and Trademark Office can require applicants to prove that prior art products do not necessarily or inherently possess characteristics of claimed products where claimed and prior art products are identical or substantially identical, or are produced by identical or substantially identical processes; burden of proof is on applicants where rejection based on inherency under 35 U.S.C. § 102 or on prima facie obviousness under 35 U.S.C. § 103, jointly or alternatively, and Patent and Trademark Office’s inability to manufacture products or to obtain and compare prior art products evidences fairness of this rejection, In re Best, Bolton, and Shaw, 195 USPQ 431 (CCPA 1977).
Claim 4, Harabayashi discloses that the outer layer contains a second resin and the second resin has a melting point 20° C or more than a melting point of the first resin [0087].
Claim 5, Harabayashi discloses that the second resin contains a polyamide-based copolymer and/or a polyamide-based elastomer [0088].
Claims 6 and 12, Harabayashi does not appear to mention a middle layer between the outer layer and the adhesive layer but Yamada discloses that it is known in the art to include a polyethylene or the like middle layer between an outer layer and an adhesive layer for additional functionality such as improved adhesion (see entire document including [0043]). Yamada specifically discloses the use of a MAH-grafted (acid-modified) polyolefin [0043]. Therefore, it would have been obvious to one having ordinary skill in the art to include the claimed middle layer for additional functionality such as improved adhesion.
Claim 9, Harabayashi discloses an airbag comprising the airbag multilayer complex according to claim 1 [0001].
Claims 10 and 11, Harabayashi discloses that the thickness of the adhesive layer may be 20 to 80% of the total thickness of the coating material [0091] and that the thickness of the outer layer and the adhesive layer are not particularly limited and may be varied depending on the intended airbag purpose ([0090]-[0091]). Therefore, either the applied prior art teaches the claimed thickness limitations or it would have been obvious to one having ordinary skill in the art to vary the thicknesses, such as claimed, based on the intended airbag use and the desired/required properties.
Response to Arguments
Applicant's arguments filed 4/14/2025 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
The following documents are cited to further show the state of the art with respect to the glass transition temperature of conventional polyamides:
USPAP 2020/0391636 to Coene (see [0086]).
https://www.linseis.com/en/wiki/polyamides-an-overview/#:~:text=the%20monomers%20used.-,Glass%20Transition%20Temperature,C%2C%20plays%20a%20central%20role. (see page 3).
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 ANDREW T PIZIALI whose telephone number is (571)272-1541. The examiner can normally be reached Monday-Thursday 7am-5pm.
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, Marla McConnell can be reached on 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW T PIZIALI/Primary Examiner, Art Unit 1789
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