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 .
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 15-16, and 18-20 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.
Regarding claim 15, the phrase "particularly" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
Regarding claim 18, the phrase "particularly" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
Regarding claim 19, the phrase "particularly" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
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.
Claims 13-15, 19, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sorensen et al., US 2009/0033084 A1.
Regarding claim 13 and 23, Sorensen ‘084 discloses an assembly for a belt retractor 10 of a vehicle, comprising a holding fixture (near 60), and a vehicle-sensitive sensor 90 disposed in the holding fixture (i.e., 60 has 98 to accommodate 90, see figure 3) for activation of a locking mechanism (110, 130) of the belt retractor on a frame 56 of the belt retractor and the sensor actuates the locking mechanism, wherein the sensor 90 includes a sensor housing (94, 96, outer surface has a positioning contour to fit into 98, claim 19) and an inertia body 134 suspended in the sensor housing, and wherein a cylindrical holding space 98 through which the sensor housing (94, 96) is positioned in the holding fixture (near 60 of 98) so that the sensor 90 is movable only relative to one positioning axis (i.e., axis of 194, 196 with respect to 198, 200) is formed in the holding fixture (i.e., 94, 96 provides 198, 200 in the 98); and a bearing space (no reference number, see drawing below, which is a spherical to accommodate the surface of spherical inertia body, claim 15) in which the inertia body 134 is supported in the sensor housing is formed in the sensor housing (claim 14), see figures 1-10.
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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 13, 19, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt et al., U.S. Patent No. 10464522 B2, in view of Siebeck et al., U.S. Patent No. 9499123 B2.
Regarding claim 13 and 23, Schmidt ‘522 discloses an assembly for a belt retractor 10 of a vehicle, comprising a holding fixture 70, and a vehicle-sensitive sensor 30 disposed in the holding fixture (i.e., 70 has 74 to accommodate 30, see figure 2) for activation of a locking mechanism 36 of the belt retractor on a frame 12 of the belt retractor and the sensor actuates the locking mechanism, wherein the sensor 30 includes a sensor housing (32, outer surface has a positioning contour to fit into 74, claim 19) and an inertia body 34 suspended in the sensor housing, and wherein a rectangular holding space 74 through which the sensor housing 32 is positioned in the holding fixture (70 of 74) so that the sensor 30 is movable only relative to one positioning axis (i.e., using 34) is formed in the holding fixture (i.e., 70 provides an aperture 34a to hold 34), see figures 1-6.
As stated above, Schmidt ‘522 shows a rectangular holding space rather than a cylindrical shape.
Siebeck ‘123 discloses a holding fixture 10 with a cylindrical holding space (i.e., no reference number, near 18, see figure 18), see figures 1-24.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the apparatus of Schmidt ‘522 to include a cylindrical holding space as suggested by Siebeck ‘123 to show that other shapes can be used for the holding space. Furthermore, since all of the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Allowable Subject Matter
Claims 16-18, 20-22, and 24 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 claims 16-18, 20-22, and 24 are patentable over the prior art of record because the teachings of the references taken as a whole do not show or render obvious the combination set forth in claims 16-18, 20-22, and 24, including every structural element recited in the claim.
None of the references of the prior art teach or suggest the elements of the device as advanced above and such do not provide the necessary motivation, absent applicant's specification, for modifying the device in the manner required by the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG K KIM whose telephone number is 571-272-6947. The examiner can normally be reached Tuesday through Thursday from 10:30 A.M. to 9 P.M or Tuesday through Thursday from 10:30 A.M. to 7 P.M.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Victoria Augustine, can be reached on (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SK
12/9/25
/SANG K KIM/ Primary Examiner, Art Unit 3654