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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/20/2026 has been entered.
Election/Restrictions
Applicant’s election without traverse of Species C (Fig. 9) in the reply filed on 4/10/2025 is acknowledged.
Applicant notes in the Election that claims 1-4, 6, and 8 are readable thereon. However, Examiner respectfully disagrees. Examiner notes that the inner tube 120c of Species C (Fig. 9) does not comprise “a first sub chamber opening” 126 recited in claim 2 (also see Fig. 9 and paragraph [0099] of the Specification).
Therefore, claims 2-18 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 4/10/2025.
Drawings
The Drawing filed 1/20/2026 has been approved by the Examiner.
However, the drawings are still objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 121c (Fig. 9). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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 also 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 wall between the non-inflation portion and the second inflation chamber that faces the second inflation chamber extends in a front-rear direction along an entirety of the non-inflation portion and a wall rear end which is distal to a front of the moving body protrudes away from the second inflation chamber toward the non-inflation portion“
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 amendment filed 1/20/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
in claim 1 last four lines, the limitation “wherein a wall between the non-inflation portion and the second inflation chamber that faces the second inflation chamber extends in a front-rear direction along an entirety of the non-inflation portion and a wall rear end which is distal to a front of the moving body protrudes away from the second inflation chamber toward the non-inflation portion”.
Applicant is invited to provide support for said limitation in the Specification as originally filed.
Applicant is required to cancel the new matter in the reply to this Office Action.
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.
Claims 1, 19, and 20 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.
In claim 1 last four lines, the limitation “wherein a wall between the non-inflation portion and the second inflation chamber that faces the second inflation chamber extends in a front-rear direction along an entirety of the non-inflation portion and a wall rear end which is distal to a front of the moving body protrudes away from the second inflation chamber toward the non-inflation portion” is not adequately disclosed in the Specification as originally filed, and, as such, is considered to be new matter.
Applicant is invited to provide support for said limitation in the Specification as originally filed and elected Fig. 9.
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.
Claim 1, 19, and 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.
In claim 1 last four lines, the limitation “wherein a wall between the non-inflation portion and the second inflation chamber that faces the second inflation chamber extends in a front-rear direction along an entirety of the non-inflation portion and a wall rear end which is distal to a front of the moving body protrudes away from the second inflation chamber toward the non-inflation portion” is unclear because said limitation is not adequately disclosed and shown in Fig. 9. Therefore, claim 1 is rendered indefinite.
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 1, 19, and 20 (as best understood) are rejected under 35 U.S.C. 103 as being unpatentable over Nusshor (US 2002/0005635 A1) in view of Masuda et al. (US 6,199,898 B1), both previously cited by Examiner.
Regarding claims 1, 19, and 20 (as best understood), Nusshor (at least Fig. 1; also see annotated Fig. 1 attached herewith) discloses
(claim 1) a curtain airbag device 10 for a moving body, the curtain airbag device 10 comprising:
a bag body 10 that inflates and deploys when being supplied with inflation gas, wherein
the bag body 10 includes
a first inflation chamber (see annotated Fig. 1 attached herewith) that
alleviates an impact on a protection object in the moving body when being inflated by inflation gas,
a first orifice (see annotated Fig. 1 attached herewith) through which
inflation gas flowing into the first inflation chamber flows,
a first sub chamber (see annotated Fig. 1 attached herewith) that adjusts
an inflation way of the first inflation chamber and receives inflation gas, and
a second orifice (see annotated Fig. 1 attached herewith) through which
inflation gas flowing into the first sub chamber flows,
the bag body further includes
a second inflation chamber (see annotated Fig. 1 attached herewith) that
alleviates an impact on a protection object in the moving body when being inflated by inflation gas and is arranged forward of the first inflation chamber,
a second sub chamber (see annotated Fig. 1 attached herewith) that
receives inflation gas and is connected to the first inflation chamber and has a volume smaller than a volume of the first sub chamber, and
a non-inflation portion 24 (see annotated Fig. 1 attached herewith)
between the second inflation chamber and the second sub chamber, the non-inflation portion extending in a forward and rearward direction of the moving body, and
the non-inflation portion 24 (see annotated Fig. 1 attached herewith) is
provided lower than a center of the bag body 10 in a vertical direction of the moving body;
wherein a wall between the non-inflation portion and the second inflation chamber that faces the second inflation chamber extends in a front-rear direction along an entirety of the non-inflation portion and a wall rear end which is distal to a front of the moving body protrudes away from the second inflation chamber toward the non-inflation portion (as much as Applicant’s Application);
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(claim 20) wherein the bag body 10 includes a communication orifice (see annotated Fig. 1 attached herewith), and inflation gas flows into the first inflation chamber from the second inflation chamber.
But Nusshor (at least Fig. 1; also see annotated Fig. 1 attached herewith) does not explicitly disclose
(claim 1) an inner tube that has at least a part arranged in the bag body 10, is supplied with inflation gas from outside (from gas lance – not shown but disclosed in paragraph [0012]), and controls a flow of inflation gas into the bag body 10,
the inner tube has a first inflation chamber opening that is arranged in a position facing the first orifice and discharges inflation gas;
(claim 19) wherein the inner tube further has a second inflation chamber opening that discharges inflation gas into the second inflation chamber.
Masuda et al. (at least Figs. 1-9; also see annotated Fig. 1 attached herewith) discloses that it is known in the art to provide
(claim 1) a curtain airbag device 1 comprising:
an inner tube 20 that has at least a part arranged in a bag body 1, is supplied with inflation gas from outside (from inflator – not shown but disclosed in at least column 3 lines 41-49), and controls a flow of inflation gas into the bag body 1,
the inner tube 20 has a first inflation chamber opening 23 (at least Fig. 1) that is arranged in a position facing a first orifice (see annotated Fig. 1 attached herewith) and discharges inflation gas;
(claim 19) wherein the inner tube 20 further has a second inflation chamber opening 24 that discharges inflation gas into a second inflation chamber 13.
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the curtain airbag device of Nusshor with the inner tube according to the teachings of Masuda et al., in order to achieve the desirable result of facilitating airbag inflation.
Response to Arguments
Applicant's arguments filed 1/20/2026 have been fully considered but they are not persuasive.
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Applicant argues on page 12 of the REMARKS:
Examiner respectfully disagrees and notes that Applicant’s arguments highlighted above is unclear and doesn’t make sense.
Applicant further argues on pages 13-14 of the REMARKS:
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Examiner respectfully disagrees and notes that Applicant’s arguments are not commensurate with the claimed limitations.
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 on 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