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 .
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 “ribbon connection” and “rope bundling connection” 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “10” has been used to designate both airbags in Fig. 2 and a rivet connection in Fig. 5. 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. 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 § 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 6-16 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 6 recites the limitation "wherein connection manners between the adjacent second sub-airbags comprise a ribbon connection, a rivet connection and a rope bundling connection" (emphasis added). Applicant’s specification states “[t]he airbag 10 is connected with the airbag connecting pieces in various manners: the airbag 10 is bonded and connected with the airbag connecting pieces; or the airbag 10 is bundled and connected with the airbag connecting pieces through a ribbon; or the airbag 10 is bundled and connected with the airbag connecting pieces through a flexible rope; or the airbag 10 is welded and connected with the airbag connecting pieces; or the airbag 10 is connected with the airbag connecting pieces through a zipper; or a combination of the above connection manners is also possible. It is to be noted that it is also possible for the airbag assembly 100 to be riveted directly to the mattress body, as shown in Fig. 5” (emphasis added, see page 6 of specification). Applicant broadly describes a scenario where a combination of bonding, ribbon, rope, welding, and zippers is possible. However this does not include rivets and there is not a clear disclosure of using all combinations of the aforementioned connection manners. Examiner believes that the connection manners were intended to be claimed as alternatives and not a combination. A claim, although clear on its face, may also be indefinite when a conflict or inconsistency between the claimed subject matter and the specification disclosure renders the scope of the claim uncertain as inconsistency with the specification disclosure or prior art teachings may make an otherwise definite claim take on an unreasonable degree of uncertainty. In re Moore, 439 F.2d 1232, 1235-36, 169 USPQ 236, 239 (CCPA 1971); In re Cohn, 438 F.2d 989, 169 USPQ 95 (CCPA 1971); In re Hammack, 427 F.2d 1378, 166 USPQ 204 (CCPA 1970). See MPEP 2173.03. Examiner interpreting Claim 6 as — wherein connection manners between the adjacent second sub-airbags comprise a ribbon connection, a rivet connection, or a rope bundling connection— for prior art examination purposes.
Similarly, Claim 16 requires “wherein connection manners between the adjacent second sub-airbags comprise an adhesive bonding, a sewing connection, a fastener connection and a hook-and-loop fastener connection” (emphasis added) implying a combination of all of the aforementioned connection manners. The disclosure does not sufficiently describe a single embodiment that contains all of the claimed connection manners. As such, Examiner is interpreting this claim as — wherein connection manners between the adjacent second sub-airbags comprise an adhesive bonding, a sewing connection, a fastener connection or a hook-and-loop fastener connection.
Claim Rejections - 35 USC § 102
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) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lopau (US 5,619,764).
Regarding Claim 1, Lopau discloses an airbag assembly (8), comprising: a plurality of airbags (1), each airbag comprising a plurality of stacked sub-airbags (3 and 4) and at least one connecting part (6), and the at least one connecting part being arranged between adjacent sub-airbags of the plurality of sub-airbags, so as to communicate the sub-airbags; when the airbag assembly is horizontally placed, projections (18) of the adjacent airbags of the plurality of sub-airbags on a vertical plane are provided with an overlap portion (see Col. 9, Lines 1-3); the airbag assembly extends in a direction from first sides of the airbags to second sides of the airbags; and sub-airbags at a top of one airbag in the plurality of airbags is connected with sub-airbags of an adjacent airbag in the plurality of airbags (see Fig. 3).
Regarding Claim 2, Lopau discloses wherein the plurality of sub-airbags comprise a first sub-airbag (3) and a second sub-airbag (4) , the at least one connecting part being arranged between the first sub-airbag and the second sub-airbag (see Fig. 3) , and a first side of a latter airbag of the plurality of airbags being clamped between a first sub-airbag and a second sub-airbag of a former airbag of the plurality of airbags (see Col. 8, Lines 45-54) and annotated Fig. 2 below).
PNG
media_image1.png
704
375
media_image1.png
Greyscale
Regarding Claim 3, Lopau discloses wherein a second sub-airbag of the latter airbag is connected with the second sub-airbag of the former airbag (see Col. 8, Lines 45-54).
Regarding Claim 4, Lopau discloses wherein in the airbags adjacent second sub-airbags are fixedly connected (via 7 or 17).
Regarding Claim 5, Lopau discloses wherein in the airbags adjacent second sub-airbags are able to be relatively movably connected through at least one connecting piece (17).
Regarding Claim 6, Lopau discloses wherein connection manners between the adjacent second sub-airbags comprise a ribbon connection (7), a rivet connection (19) and a rope bundling connection.
Regarding Claim 7, Lopau discloses wherein each second sub-airbag is provided with at least one connecting through hole (20) , and the at least one connecting piece passes (19) through the at least one connecting through hole .
Regarding Claim 8, Lopau discloses wherein the at least one connecting through hole is located on a second side of the each second sub-airbag (see Fig. 3 .
Regarding Claim 9, Lopau discloses wherein a plurality of connecting through holes are arranged on the each second sub-airbag , and the plurality of connecting through holes are arranged on both sides in the direction from the first sides of the airbags to the second sides of the airbags (see Figs. 3 and 6) .
Regarding Claim 10, Lopau discloses wherein each second sub-airbag is further provided with at least one matching through hole (20 on 16) , and the at least one connecting piece passes through the at least one connecting through hole and the at least one matching through hole so as to connect the second sub-airbags (see Col. 8, Lines 45-54).
Regarding Claim 11, Lopau discloses wherein a plurality of matching through holes are arranged, and the plurality of matching through holes are respectively located between the first sides of the airbags and the second sides of the airbags , and are located on both sides in an extension direction from the first sides of the airbags to the second sides of the airbags (see Figs. 6 and 7) .
Regarding Claim 12, Lopau discloses wherein the plurality of matching through holes are arranged on each side (see Figs. 6 and 7).
Regarding Claim 13, Lopau discloses wherein the connecting through holes or the matching through holes are slotted holes extending in the direction from the first sides of the airbags to the second sides of the airbags (see Figs. 6 and 7).
Regarding Claim 14, Lopau discloses wherein the connecting through holes and the matching through holes are slotted holes extending in the direction from the first sides of the airbags to the second sides of the airbags (see Figs. 6 and 7) .
Regarding Claim 15, Lopau discloses wherein, when the rivet connection is used, a length of a polished rod of a rivet is greater than a sum of wall thicknesses of two adjacent second sub-airbags (inherent aspect of a rivet connection).
Regarding Claim 16, Lopau discloses wherein connection manners between the adjacent second sub-airbags comprise an adhesive bonding, a sewing connection, a fastener connection (20 and 19) and a hook-and-loop fastener connection.
Regarding Claim 17, Lopau discloses A mattress (see Fig. 1), comprising the airbag assembly according to claim 1.
Regarding Claim 18, Lopau discloses a bed (see abstract), comprising the mattress according to claim 17.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J KURILLA whose telephone number is (571)270-7294. The examiner can normally be reached Monday-Thursday 7AM-6PM.
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, Anita Coupe can be reached at 571-270-3614. 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.
/ERIC J KURILLA/Primary Examiner, Art Unit 3619
Prosecution Insights