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 .
Acknowledgement
Examiner acknowledges receipt of Applicant’s Amendments to the Claims (filed 10/29/2025).
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation “wherein each of said plurality of first connection regions and each of said plurality of second connection regions traverse said plurality of weft yarns at an oblique angle to said weft yarns, and are parallel to said plurality of warp yarns” recited in claim 13 must be shown or the feature(s) canceled from the claim(s). 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 Objections
Claims 1-15 are objected to because of the following informalities:
in claim 1 line 3, “the receipt” should be changed to --receipt--;
in claim 1 lines 8-9, “each of said first connection regions are” should be changed to --each of said first connection regions is--;
in claim 1 line 11, “each of said second connection regions are” should be changed to --each of said second connection regions is--;
in claim 1 line 12, “each of said second connection regions do not” should be changed to --each of said second connection regions does not--;
in claim 3 line 2, “at least one said plurality of second connection regions” has been changed to --at least one of said plurality of second connection regions--;
in claim 4 line 4, a period should be inserted after “regions”.
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 5, 9, and 13 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.
In claim 5 lines 4-7, the limitation “wherein each tether yarn extends between said connection sub-regions of each of said first connection regions without being implicated in the structure of either the first layer or the second layer between said connection sub-regions” is unclear. To which “connection sub-regions” of a plurality of spaced-apart connection sub-regions are being referred? Therefore, claim 5 is rendered indefinite.
In claim 13 lines 1-4, the limitation “wherein each of said plurality of first connection regions and each of said plurality of second connection regions traverse said plurality of weft yarns at an oblique angle to said weft yarns, and are parallel to said plurality of warp yarns” is unclear because said limitation is inconsistent. Therefore, claim 13 is rendered indefinite.
Appropriate correction is required, and the claims should be reviewed in their entirety for compliance with 35 U.S.C. 112.
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 1-12, 14, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fischer (DE 10 2017 117 311 A1).
Regarding claim 1-12, 14, and 15, Fischer (at least Figs. 1-5) discloses
(claim 1) an airbag 10 configured to be inflated by a source of gas, the airbag 10 being formed from first and second layers 12, 14 of fabric arranged in superimposition to define an inflatable chamber 22 between the layers 12, 14 for the receipt of inflating gas; each layer 12, 14 of fabric having a structure comprising at least one yarn (at least Figs. 1-4), and the two layers 12, 14 being interconnected by at least one tether yarn 18, 20 extending between the layers 12, 14 within the inflatable chamber 22, wherein: the, or each, tether yarn 18, 20 is implicated in a structure of the first layer 12 within a plurality of first connection regions (at least Figs. 1-5), and is implicated in a structure of the second layer 14 within a plurality of second connection regions (at least Figs. 1-5); wherein each of said first connection regions are wider in a length-direction of each tether yarn 18, 20 than each of said second connection regions, and wherein each of said second connection regions are offset relative to each of said first connection regions such that each of said second connection regions do not oppose any of said first connection regions across the inflatable chamber 22 (at least Figs. 1-5); the at least one tether yarn 18, 20 thereby configured to induce curvature to the airbag 10 around one of an occupant or object when the inflatable chamber 22 is inflated so that on a first side of the airbag 10 an exterior surface of the airbag 10 is concave and on a second side of the airbag 10 an exterior surface of the airbag 10 is convex (at least Fig. 5);
(claim 2) wherein each of said plurality of first connection regions (at least Figs. 1-5) are spaced apart from one another across at least a portion of said first layer 12, and each of said plurality of second connection regions (at least Figs. 1-5) are spaced apart from one another across at least an opposing portion of said second layer 14 (at least Figs. 1-5);
(claim 3) wherein a position on said second fabric layer 14 of at least one said plurality of second connection regions is interposed between positions on said first fabric layer 12 of two adjacent ones of said plurality of first connection regions (at least Figs. 1-5);
(claim 4) wherein no tether yarns 18, 20 extend between any of said plurality of second connection regions without being implicated in the structure of the first layer 12 between adjacent ones of said plurality of second connection regions (at least Figs. 1-5);
(claim 5) (as best understood) wherein at least one of said first connection regions comprises a plurality of spaced-apart connection sub-regions within which each tether yarn 18, 20 is implicated in the structure of said first layer 12, and wherein each tether yarn 18, 20 extends between said connection sub-regions of each of said first connection regions without being implicated in the structure of either the first layer 12 or the second layer 14 between said connection sub-regions (at least Figs. 1-5);
(claim 6) wherein each said layer 12, 14 of fabric is woven and has a weave comprising a plurality of generally parallel woven yarns (at least Figs. 1-5);
(claim 7) wherein the, or each, tether yarn 18, 20 is interwoven with yarns of the first layer 12 within each of said plurality of first connection regions, and is interwoven with yarns of the second layer 14 within each of said plurality of second connection regions (at least Figs. 1-5);
(claim 8) wherein the, or each, tether yarn 18, 20 is interwoven with yarns of either said layer 12, 14 only within said plurality of first connection regions and said plurality of second connection regions (at least Figs. 1-5);
(claim 9) each said layer of fabric 12, 14 is woven and has a weave comprising a plurality of generally parallel woven yarns, and wherein each tether yarn 18, 20 is interwoven with yarns of the first layer 12 only within each of said connection sub-regions and is interwoven with yarns of the second layer 14 only within each of said plurality of second connection regions (at least Figs. 1-5);
(claim 10) wherein said generally parallel woven yarns of each layer 12, 14 of fabric are warp yarns, each layer 12,14 of fabric further comprising a plurality of generally parallel weft yarns, and wherein the, or each, tether yarn 18, 20 extends generally parallel to said weft yarns (at least Figs. 1-5);
(claim 11) wherein said generally parallel woven yarns of each layer 12, 14 of fabric are warp yarns, each layer 12, 14 of fabric further comprising a plurality of generally parallel weft yarns, and wherein the inflatable airbag 10 comprises a plurality of said tether yarns 18, 20, each of the plurality of tether yarns 18, 20 extending generally parallel to said weft yarns of the fabric layers 12, 14 (at least Figs. 1-5);
(claim 12) wherein each said connection region is generally elongate, each of said first and second connection regions extending generally parallel to one another and across respective fabric layers 12, 14 of the airbag 10 so as to traverse a plurality weft yarns of the fabric layers 12, 14 (at least Figs. 1-5);
(claim 14) wherein the airbag 10 is a one-piece woven airbag 10 comprising at least one integrally woven seam 16 defined by a region in which yarns of a weave of one said layer 12, 14 are interwoven with yarns of a weave of the other said layer 12, 14 (at least Figs. 1-5);
(claim 15) wherein each tether yarn 18, 20 is integrally woven into the weave of said layers 12, 14 within each of said plurality of first connection regions and said plurality of second connection regions (at least Figs. 1-5).
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.
Claim 13 (as best understood) is rejected under 35 U.S.C. 103 as being unpatentable over Fischer (DE 10 2017 117 311 A1) in view of Hirsch et al. (US 10,583,802 B2).
Regarding claim 13 (as best understood), Fischer (at least Figs. 1-5) discloses the claimed invention except for wherein each of said plurality of first connection regions and each of said plurality of second connection regions traverse said plurality of weft yarns at an oblique angle to said weft yarns, and are parallel to said plurality of warp yarns.
Hirsch et al. (Figs. 1-5) discloses that it is known in the art to provide a connection region 9 traverse a plurality of weft yarns 11 at an oblique angle to said weft yarns 11, and are parallel to a plurality of warp yarns 10a-10f to provide the connection region 9 of fabric that is much more robust against stretching and breaking when tensile forces are applied to the fabric in the direction F3 that is at 45 degrees to the warp and weft yarns 10a-10f, 11 (at least column 4 lines 30-35).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify each of said plurality of first connection regions and each of said plurality of second connection regions of Fischer according to the teachings of Hirsch et al., in order to achieve the desirable result of providing each of said plurality of first connection regions and each of said plurality of second connection regions that are much more robust against stretching and breaking when tensile forces are applied to the fabric in a direction that is at 45 degrees to the warp and weft yarns.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 JOSELYNN Y SLITERIS whose telephone number is (571)272-6675. The examiner can normally be reached Monday-Friday 8:30am - 5:00pm EST.
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/JOSELYNN Y SLITERIS/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614