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 .
Election/Restrictions
Applicant’s election without traverse of Species I and Species A in the reply filed on September 29, 2025 is acknowledged.
Claims 6 and 8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on September 29, 2025.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 10. 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.
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 airbag module, the instrument panel, and the vehicle safety system 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.
Specification
The disclosure is objected to because of the following informalities:
References to particular claims and/or subclaims (as in paragraphs 0001, 0006 and 0012) should not be made in the specification because claim numbers and/or claim dependencies may change during the prosecution of the application.
In paragraph 0024, line 4, “predetermined” should be changed to --a predetermined--.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities:
In line 5, “hinge” should be changed to --at least one hinge--.
In line 5, “whereinthe” should be changed to --wherein the--.
In line 6, “hinge” should be changed to --at least one hinge--.
Appropriate correction is required.
Claim 2 is objected to because of the following informalities:
In line 2, “stiffening” should be changed to --at least one stiffening--.
In line 3, “hinge” should be changed to --the at least one hinge--.
Appropriate correction is required.
Claim 3 is objected to because of the following informalities:
In line 2, “hinge” should be changed to --at least one hinge--.
In line 2, “flap” should be changed to --at least one flap--.
Appropriate correction is required.
Claim 4 is objected to because of the following informalities:
In line 2, “stiffening” should be changed to --at least one stiffening--.
Appropriate correction is required.
Claim 5 is objected to because of the following informalities:
In line 4, “hinge” should be changed to --at least one hinge--.
Appropriate correction is required.
Claim 9 is objected to because of the following informalities:
In line 3, “stiffening” should be changed to --at least one stiffening--.
Appropriate correction is required.
Claim 11 is objected to because of the following informalities:
In line 2, “stiffening” should be changed to --at least one stiffening--.
Appropriate correction is required.
Claim 16 is objected to because of the following informalities:
In line 5, “stiffening” should be changed to --at least one stiffening--.
In line 7, “stiffening” should be changed to --at least one stiffening--.
In line 8, “hinge” should be changed to --at least one hinge--.
Appropriate correction is required.
Claim 17 is objected to because of the following informalities:
In line 1, “stiffening” should be changed to --at least one stiffening--.
In line 2, “hinge” should be changed to --at least one hinge--.
Appropriate correction is required.
Claim 18 is objected to because of the following informalities:
In line 2, “stiffening” should be changed to --at least one stiffening--.
In line 3, “hinge” should be changed to --at least one hinge--.
Appropriate correction is required.
Claim 19 is objected to because of the following informalities:
In line 1, “stiffening” should be changed to --at least one stiffening--.
In line 3, “stiffening” should be changed to --at least one stiffening--.
In line 3, “hinge” should be changed to --at least one hinge--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 17 and 18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The limitations of new claim 17 were not described in the original disclosure.
The limitations of new claim 18 were not described in the original disclosure.
Claims 3, 9-11, 17 and 18 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 3 recites the broad recitation “the weakened material portion is disposed in the area of the hinge line”, and the claim also recites “in particular on the hinge line” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 9 recites the limitation "the longitudinal extension of the stiffening rib" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the wall thickness of which" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the wall thickness of the remaining stiffening ribs" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim, since there is no previous recitation with respect to a wall thickness of remaining stiffening ribs, and ribs (plural) are not previously positively recited.
Claim 11 does not accurately describe the invention because the wall thickness of the weakened material portion of an area of the stiffening rib (i.e., a single stiffening rib) is not necessarily smaller than the wall thickness of the remaining stiffening ribs, since the remaining stiffening ribs similarly include weakened material portions with smaller wall thicknesses.
New claim 17 does not accurately describe the invention. As shown in Fig. 1, the stiffening rib 14 does not extend on both sides of the hinge area 12.
New claim 18 does not accurately describe the invention. The “weakened material portion 15 divides the stiffening ribs 14 into short and long sections 17, 18” (see paragraph 0039). The weakened material portion 15 does not “define” the long section 18 and the short section 17.
Claim 18 recites the limitation "the hinge area of the at least one flap" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim, since a hinge area that is particularly identified as being a part of at least one flap is not previously recited.
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.
Claims 1-5, 7 and 9-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Obashi et al. (WO 2009/150860 A1). Obashi discloses a cover element (e.g., 4) for an airbag module (e.g., 1) comprising a tear line 41a and at least one hinge area (e.g., at 44) for opening the cover element by swiveling at least one flap 43 which is formed by the tear line when the cover element is opened, wherein at least one stiffening rib (e.g., 5, and optionally also 44a and/or 41b) having a weakened material portion 6 extends between the tear line and the hinge area, wherein the weakened material portion is configured on the side of the hinge area (Figs. 1, 2(A), 3(A) and 6; see paragraph 0037 of applicant’s specification). The weakened material portion is configured at an axial end of the stiffening rib which is disposed proximate to the hinge area (e.g., the weakened material portion 6 is configured at an end of an axis that passes through cutout portion 61 and is perpendicular to opposite side portion 51 (shown as a dot-dashed line Fig. 2(B)), both axial ends of the weakened material portion being proximate (i.e., close) to the hinge area, as shown in Figs. 1-6). The hinge area comprises a hinge line about which the flap can be swiveled for opening, wherein the weakened material portion is disposed in the area of the hinge line, in particular on the hinge line (Figs. 1-6). The stiffening rib ends at the tear line or at a distance in front of the tear line (Figs. 1, 2(A), 3(A) and 6). At least one stiffening rib is disposed on each of both sides of the tear line having a weakened material portion which is configured on the respective side of the hinge area (Figs. 1, 2(A), 3(A) and 6). The tear line is disposed between two flaps 43 each having a hinge area (e.g., at 44) for opening the cover element (Figs. 1, 2(A), 3(A) and 6). The weakened material portion extends transversely to the longitudinal extension of the stiffening rib (Figs. 4 and 5). In plural stiffening ribs the respective weakened material portion extends along the hinge line (Fig. 2(A)). The weakened material portion comprises an area of the stiffening rib the wall thickness of which is smaller than the wall thickness of the remaining stiffening ribs (Figs. 4(B and C); paragraphs 0029-0030). The weakened material portion is U-shaped or V-shaped (Figs. 1, 2(B) and 4-6; paragraphs 0029-0030). The cover element is part of an airbag module (e.g., 1), an instrument panel (paragraphs 0001, 0016 and 0017) and a vehicle safety system (e.g., a system including an “airbag device” – see paragraph 0001). A method for opening the cover element comprises: a) configuring the airbag module to be released (Fig. 1), b) configuring the tear line to tear so that a moment acts upon the stiffening rib, said moment being configured to generate a stress concentration in the area of the weakened material portion, c) configuring the stiffening rib to break at the weakened material portion so that the cover element swivels about the hinge area and unfolds (Fig. 3). The stiffening rib extends on both sides of the hinge area (Figs. 2(A) and 6(A)). The weakened material portion defines a long section (e.g., between the weakened material portion and the thin portion 42b – see Fig. 6(A)) of the stiffening rib and a short section (e.g., between the weakened material portion and the tear line 41a – see Fig. 6(A)) of the stiffening rib, wherein the short section is positioned proximate (i.e., very near) the hinge area of the at least one flap, all portions of the rib being positioned proximate (i.e., very near) the hinge area of the at least one flap (Fig. 6(A)). The stiffening rib has a length and a height that varies along the length, the height of the stiffening rib increasing in the direction of the hinge area (Figs. 1, 2(B), 4(A) and 4(D)-6(C)).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH J FRISBY whose telephone number is (571)270-7802. The examiner can normally be reached M-F 9:00AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached at (571)270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEITH J FRISBY/ Primary Examiner, Art Unit 3614