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 .
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 a projection of the through hole of the first partition element falls within a projection of the first section, along the longitudinal axis of the tube in a radial plane perpendicular to the longitudinal axis“ (recited in claim 6) 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 characters "1" (Fig. 2) and "3" (Figs. 3A, 3B) have both been used to designate first partition element. 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 Objections
Claims 1-6, 8-13, 16, 17, 19-21, 23, 26, and 29 are objected to because of the following informalities:
in claim 1 line 6, “element” should be changed to --elements--;
in claim 26 line 5, “for containing” should be changed to --containing--.
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 6, 8-13, 26, and 29 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 6 lines 2-4, the limitation “wherein a projection of the through hole of the first partition element falls within a projection of the first section, along the longitudinal axis of the tube in a radial plane perpendicular to the longitudinal axis” is unclear. Therefore, claim 6 is rendered indefinite.
Claim 8 recites the limitation “its” in line 3. It is unclear to what “its” is exactly referring. Therefore, Examiner suggests replacing “its” with what “its” is referring to.
In claim 9 lines 2-7, the limitation “wherein the first discharging hole is equipped with a gas guide configured to guide a portion of a central gas flow, which central gas flow enters the second chamber through the central opening, through the first discharging hole into an annular region of the first chamber between the wall body of the central portion and the inner wall of the tube, and the second discharging hole is configured to guide the reaction gas in the annular region into the second chamber” is unclear. Therefore, claim 9 is rendered indefinite.
Claim 11 is inconsistent with claim 10 from which claim 11 depends because claim 10 only requires first discharge holes or second discharge holes. Therefore, claim 11 is rendered indefinite.
In claim 13 lines 2-4, the limitation “wherein the first discharging hole is an elongated hole, and the gas guide is a tongue extending in the second chamber and configured to guide the portion of the central gas flow towards the first discharging hole” is unclear. Therefore, claim 13 is rendered indefinite.
Claim 26 recites the limitation "the other side" in line 6. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests changing said limitation to --another side--.
Claim 26 recites the limitation "the one" in line 7. There is insufficient antecedent basis for this limitation in the claim.
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 1-5, 8-13, 16, 17, 19, 20, 23, 26, and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hillmann et al. (US 11,077,820 B2).
Regarding claims 1-5, 8-13, 16, 17, 19, 20, and 23, Hillmann et al. (at least Figs. 1-6c) discloses
(claim 1) a pyrotechnic charge chamber (at least Fig. 1) for a hybrid gas generator, wherein the pyrotechnic charge chamber comprises a tube 31, and a first partition element 26 and a second partition element 10 disposed oppositely in the tube 31, wherein the first partition element 26 has a through hole (at least Fig. 1) which constitutes an ignition channel for an ignition system 20-24, 29, wherein a first chamber 17 for containing a pyrotechnic charge is formed between the first 26 and the second 10 partition element in the tube 31, wherein the pyrotechnic charge is configured to generate a reaction gas in the first chamber 17 when ignited by the ignition system 20-24, 29, wherein the second partition element 10 has a peripheral portion 11c abutted against an inner wall of the tube 31, and a central portion 11, 11a, 11b connected with the peripheral portion 11c and extending towards the first partition element 26 in an at least partially-tapered manner 11b in an axial direction of the tube 31, wherein the central portion 11, 11a, 11b has a wall body 12 around a longitudinal axis of the tube 31, wherein the wall body 12 surrounds and defines a second chamber (inside 11b) and has a plurality of discharging holes 13, 13c, which discharging holes are configured such that the reaction gas is mixed with a compression gas 30 stored in the tube 31 through the discharging holes 13, 13c;
(claim 2) wherein the peripheral portion 11c of the second partition element 10 is formed in a cylindrical shape, and has a first axial end side facing the first partition element 26 and a second axial end side opposite to the first axial end side;
(claim 3) wherein, with reference to the longitudinal axis of the tube 31, the central portion 11, 11a, 11b of the second partition element 10 is connected with the peripheral portion 11c at an axial position spaced from the first axial end side of the peripheral portion 11c;
(claim 4) wherein the central portion 11, 11a, 11b of the second partition element 10 is connected directly with the second axial end side of the peripheral portion 11c, or that the central portion 11, 11a, 11b of the second partition element 10 is connected with the second axial end side of the peripheral portion 11c through an annular bottom;
(claim 5) wherein the central portion 11, 11a, 11b comprises a first section facing the first partition element 26 and having no discharging hole, and a second section adjacent to the first section and provided with the discharging holes 13, 13c;
(claim 8) wherein the central portion 11, 11a, 11b has a central opening 12a at its top portion, and the central portion 11, 11a, 11b includes a first section facing the first partition element 26 and provided with at least one first discharging hole 13, 13c, 18a, and a second section adjacent to the first section and provided with at least one second discharging hole 13, 13c, 18b;
(claim 9) (as best understood) wherein the first discharging hole 13, 13c, 18a is equipped with a gas guide 19 configured to guide a portion of a central gas flow, which central gas flow enters the second chamber (inside 11b) through the central opening 12a, through the first discharging hole 13, 13c, 18a into an annular region of the first chamber 17 between the wall body 12 of the central portion 11, 11a, 11b and the inner wall of the tube 31, and the second discharging hole 13, 13c, 18b is configured to guide the reaction gas in the annular region into the second chamber (inside 11b);
(claim 10) wherein the first section has at least one of: a plurality of first discharging holes 13, 13c, 18a distributed in a circumferential direction 18a, or the second section has a plurality of second discharging holes 13, 13c, 18b distributed in a circumferential direction 18b;
(claim 11) (as best understood) wherein the first discharging holes 13, 13c, 18a and the second discharging holes 13, 13c, 18b are offset to each other in the circumferential direction;
(claim 12) (as best understood) wherein the gas guide 19 is formed of a material cutout punched out from the wall body 12 of the central portion 11, 11a, 11b, and the first discharging hole 13, 13c, 18a is formed by punching out the gas guide 19 from the wall body 12 of the central portion 11, 11a, 11b;
(claim 13) (as best understood) wherein the first discharging hole 13, 13c, 18a is an elongated hole, and the gas guide 19 is a tongue 15 extending in the second chamber (inside 11b) and configured to guide the portion of the central gas flow towards the first discharging hole;
(claim 16) wherein the central portion 11, 11a, 11b is configured in a conical or hemispherical shape;
(claim 17) wherein the central portion 11, 11a, 11b in a conical shape extends beyond the peripheral portion 11c towards the first partition element 26 in the axial direction of the tube 31, or that the central portion in a hemispherical shape does not extend beyond the peripheral portion towards the first partition element in the axial direction of the tube;
(claim 19) wherein the second partition element 10 is press-fitted into the tube 31;
(claim 20) wherein a pretensioning force for press-fitting the second partition element 10 into the tube 31 is configured such that the second partition element 10 slides in the tube 31 in a predetermined limited manner when the hybrid gas generator is activated (as much as in the application);
(claim 23) wherein the first partition element 26 is configured in a cylindrical shape, wherein a peripheral surface of the first partition element 26 is abutted against the inner wall of the tube 31, wherein the through hole is configured to receive a closed protrusion 22-24 of the ignition system 20-24, 29, which protrusion is openable when the ignition system is activated, wherein a depth, with which the protrusion extends into the through hole, is less than or equal to an axial thickness of the first partition element 26 (Hillmann et al. discloses in at least column 11 lines 53-59 that the “front disk 26” or Examiner’s interpreted first partition element 26 “may also have an axial position which is somewhat deviating from that shown in Fig. 1 viz. a position, when viewed in the direction of flow, directly ahead of the lateral flow opening 13 in the direction of the ignition support 21 up to close to the flange-type formation of the igniter chamber cap 22 which is fastened to the igniter carrier”).
Regarding claim 26 (as best understood), Hillmann et al. (at least Figs. 1-6c) discloses a hybrid gas generator comprising a tube 31 defining a pressure chamber 30 for containing a compression gas, wherein an ignition system 20-24, 29 and a pyrotechnic charge chamber (at least Fig. 1) are mounted at a first axial end of the tube 31, wherein with reference to a longitudinal axis of the tube 31, the pyrotechnic charge chamber (at least Fig. 1) is adjacent to the ignition system 20-24, 29 at one side and adjacent to the pressure chamber 30 for containing the compression gas at the other side, wherein the pyrotechnic charge chamber is the one as recited in claims 1.
Regarding claim 29 (as best understood), Hillmann et al. (at least Figs. 1-6c) discloses a safety airbag comprising a cushion, and a gas generator in fluid connection with the cushion, wherein the gas generator is the hybrid gas generator as recited in claim 26.
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 21 is rejected under 35 U.S.C. 103 as being unpatentable over Hillmann et al. (US 11,077,820 B2).
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Regarding claim 21, Hillmann et al. (at least Figs. 1-6c) discloses the claimed invention except for wherein the peripheral portion has a length L along the longitudinal axis of the tube, which length L satisfies at least one of the following formulas:
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However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to provide wherein the peripheral portion has a length L along the longitudinal axis of the tube, which length L satisfies at least one of the following formulas:
since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason D. 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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/JOSELYNN Y SLITERIS/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614
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