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 and Drawing (filed 5/26/2026).
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Therefore, claims 2-18 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 5/26/2026) has been approved by the Examiner.
However, the drawings are still objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation “the front part … of the non-inflation portion do not protrude toward the second inflation chamber” (in claim 1 lines 43-44) 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.
Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendment filed 5/26/2026 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 lines 43-44, the limitation “the front part … of the non-inflation portion do not protrude toward the second inflation chamber”.
Applicant is required to cancel the new matter in the reply to this Office Action.
Applicant is invited to provide support for said limitation in the Specification as originally filed.
Claim Objections
Claim 21 is objected to because of the following informality: in last line, “,” should be changed to --.--. 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.
Claims 1 and 19-21 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 lines 43-44, the limitation “the front part … of the non-inflation portion do not protrude toward the second inflation chamber” is not adequately disclosed in the Specification as originally filed, and, as such, is considered to be new matter.
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On the contrary, Applicant’s paragraph [0121] discloses (see highlighted text) the opposite of said limitation.
Applicant is invited to provide support for said limitation in the Specification as originally filed and pertaining to 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.
Claims 1 and 19-21 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.
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In claim 1 lines 43-44, the limitation “the front part … of the non-inflation portion do not protrude toward the second inflation chamber” is unclear because said limitation has not been distinctly claimed. Even Applicant’s annotated Fig. 9 below shows the front part of the non-inflation portion 112S protruding toward the second inflation chamber MC2 from the bottom periphery portion of the curtain airbag device (claim 1 lines 36-37). Therefore, claim 1 is rendered indefinite.
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Still further, Applicant’s paragraph [0121] discloses (see highlighted text):
Applicant is invited to provide support for said limitation in the Specification as originally filed and pertaining to elected Fig. 9.
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 and 19-21 (as best understood) are rejected under 35 U.S.C. 103 as being unpatentable over Jinnai et al. (US 2022/0063545 A1), cited by Applicant.
Regarding claims 1, 19, and 20 (as best understood), Jinnai et al. (at least Fig. 1-18; also see annotated Fig. 1 attached herewith) discloses
(claim 1) a curtain airbag device 25 for a moving body 10, the curtain airbag device 25 comprising:
a bag body 26 that inflates and deploys when being supplied with inflation gas, and
an inner tube 35 that has at least a part arranged in the bag body 26, is supplied with inflation gas from outside, and controls a flow of inflation gas into the bag body 26,
wherein
the bag body 26 includes
a first inflation chamber (see annotated Fig. 1 attached herewith) that
alleviates an impact on a protection object in the moving body 10 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,
a second inflation chamber (see annotated Fig. 1 attached herewith) that
alleviates an impact on a protection object in the moving body 10 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 (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 10,
the non-inflation portion (see annotated Fig. 1 attached herewith) is
provided lower than a center of the bag body 26 in a vertical direction of the moving body 10;
the non-inflation portion includes a front part, a central part, and a rear part,
the front part of the non-inflation portion is connected to a bottom periphery portion of the curtain airbag device 25,
the central part of the non-inflation portion extends generally horizontally in a front-rear direction between the front part of the non-inflation portion and the rear part of the non-inflation portion,
the rear part of the non-inflation portion extends from an end of the central part distal to a front of the moving body 10,
the front part and the rear part of the non-inflation portion do not protrude toward the second inflation chamber (as much as Applicant’s Application),
the non-inflation portion is located below the second inflation chamber, and
the second inflation chamber is larger than the first inflation chamber;
(claim 19) wherein the inner tube further 35 has a second inflation chamber opening 37 that discharges inflation gas into the second inflation chamber (see annotated Fig. 1 attached herewith);
(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.
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But Jinnai et al. (at least Fig. 1-18; also see annotated Fig. 1 attached herewith) does not explicitly disclose
(claim 1) the inner tube has a first inflation chamber opening that is arranged in a position facing the first orifice and discharges inflation gas.
Jinnai et al. (second embodiment in at least Fig. 19-21; also see annotated Fig. 19 attached herewith) discloses that it is known in the art to provide
(claim 1) a curtain airbag device 25 comprising:
an inner tube 35 having a first inflation chamber opening 39 (at least Figs. 19-21) that is arranged in a position facing a first orifice (see annotated Fig. 19 attached herewith) and discharges inflation gas.
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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 inner tube of Jinnai et al. (at least Fig. 1-18; also see annotated Fig. 1 attached herewith) with the first inflation chamber opening according to the teachings of Jinnai et al. (second embodiment in at least Fig. 19-21), in order to achieve the desirable result of facilitating airbag inflation.
Regarding claim 21 (as best understood), the combination of Jinnai et al. (at least Fig. 1-18; also see annotated Fig. 1 attached herewith) and Jinnai et al. (second embodiment in at least Fig. 19-21; also see annotated Fig. 19 attached herewith) as modified above discloses the claimed invention, wherein the rear part of the
non-inflation portion protrudes away from the second inflation chamber, but does not explicitly disclose wherein the front part of the non-inflation portion is arc shaped.
However, it would have been an obvious matter of design choice to make the front part of the non-inflation portion arc shaped, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 19, and 20 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.
Examiner’s Comment
Contrary to Applicant’s assertion, Examiner notes that the limitation ““the front part and the rear part of the non-inflation portion do not protrude toward the second inflation chamber” in claim 1 lines 43-44 was not agreed upon during the interview conducted on 5/22/2026 with Applicant’s representative Brian C. Altmiller (Reg. No. 37271).
Rather, the limitation agreed upon for claim 1 was “the rear part of the
non-inflation portion protrudes away from the second inflation chamber” (part of new claim 21 now), in combination with the limitation “the rear part of the non-inflation portion extends from an end of the central part distal to a front of the moving body” (currently recited in claim 1 lines 41-42) and other elements recited in claim 1, in order to overcome the 35 USC 103 rejection over Nusshor (US 2002/0005635 A1) in view of Masuda et al. (US 6,199,898 B1) in the Office Action mailed 2/26/2026.
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.
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, 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
/JAMES A ENGLISH/Primary Examiner, Art Unit 3614
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