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 Amendment to the Claims (filed 6/26/2026).
Election/Restrictions
Applicant’s election without traverse of Species B (FIGS. 3a & 3b) in the reply filed on 6/10/2025 is acknowledged.
No claim was previously withdrawn from further consideration pursuant to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 6/10/2025.
However, as a result of Applicant’s Amendment to the Claims (filed 6/26/2026), claims 4 (“the plurality of the second longitudinal airbag chambers” in line 3) and 7 (“of the plurality of the second longitudinal airbag chambers” in line 9) are no longer applicable to elected Species B (FIGS. 3a & 3b).
Therefore, claims 4 and 7 are now hereby withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 6/10/2025.
Claim Objections
Claim 8 is still objected to because of the following informality: in line 7, “their respective” should be changed to --the respective--.
Appropriate correction is required, and the claims should be reviewed in their entirety for compliance.
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 1-3, 5, 6, and 8-12 are still 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 lines 3-7, the limitation “wherein the airbag has two fabric layers in certain regions and three fabric layers in certain other regions, which are joined together in such a way that the airbag, in a spread-out state, forms a region forming a first airbag chamber and an adjacent region forming a second airbag chamber separate from the first airbag chamber in a direction of a length of the airbag in the spread-out state” is unclear. Therefore, claim 1 is rendered indefinite.
Examiner notes that at least claim 1 recites different stages of assembly of the airbag; an intermediate stage (the spread-out state of Fig. 3b) and a final airbag stage (Fig. 3a). However, apparatus claims are directed to a final product. Therefore, it is unclear what product Applicant is actually claiming.
Further, even if Applicant’s argument that the phrase "spread-out state" is simply a structural description of the final airbag product is true, then the claim is unclear for a different reason. The preamble includes "airbag configured to be set from an uninflated state to an inflated state", and the claim further refers to the uninflated state and the inflated state. If the spread-out state is a structural description of the final airbag product, then what is the difference between the spread-out state and the inflated state?
Appropriate correction is required, and the claims should be reviewed in their entirety for compliance with 35 U.S.C. 112.
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 1-3, 5 and 6 (as best understood) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Whalen (US 11,395,662 B2).
Regarding claim 1 (as best understood), Whalen (at least Figs. 1A-7d; also see annotated Fig. 1F attached herewith) discloses an airbag 100 configured to be set from an uninflated state to an inflated state by an inflation operation to protect an occupant of a vehicle (as much as in Applicant’s disclosure),
wherein the airbag 100 has two fabric layers in certain regions and three fabric layers in certain other regions, which are joined together in such a way that the airbag, in a spread-out state, forms a region forming a first airbag chamber and an adjacent region forming a second airbag chamber separate from the first airbag chamber in a direction of a length of the airbag in the spread-out state (at least Figs. 1A-1F),
wherein the fabric layers are further joined together in such a way that
- the first airbag chamber, and the second airbag chamber are configured to be set independently of each other from the uninflated state thereof into the inflated state thereof, respectively, and
- the region forming the first airbag chamber, starting from the uninflated state, curves outwardly during a first inflation operation of the first airbag chamber and forms a tubular shape with an oval or circular cross-section at least in portions in the inflated state of the first airbag chamber, and thereby an outer overlapping portion of the region forming the second airbag chamber in the inflated state thereof radially overlaps an inner overlapping portion of the region forming the first airbag chamber (see annotated Fig. 1F attached herewith).
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Regarding claims 2, 3, 5, and 6 (as best understood), Whalen (at least Figs.
1A-7d; also see annotated Fig. 1F attached herewith) discloses the airbag 100,
(claim 2) (as best understood) wherein the fabric layers are joined together in such a way that the outer overlapping portion of the second airbag chamber in the uninflated state radially overlaps with the inner overlapping portion of the first airbag chamber in the inflated state and/or curves outwardly during a second inflation operation of the second airbag chamber or extends along the inner overlapping portion of the first airbag chamber in the inflated state and thereby radially overlaps with the inner overlapping portion of the first airbag chamber in the inflated state and/or forms a radial outer tube wall portion or hollow cylinder wall portion with respect to the inner overlapping portion of the first airbag chamber in the inflated state;
(claim 3) (as best understood) wherein the first airbag chamber has a plurality of interconnected first longitudinal airbag chambers with respective first airbag chamber volumes which, in the inflated state, are arranged next to one another in a circumferential direction and/or extend axially, transversely, obliquely or helically, and/or the second airbag chamber has a single longitudinal airbag chamber or a plurality of interconnected second longitudinal airbag chambers with respective second airbag chamber volumes, which, in the inflated state, are arranged next to one another in the circumferential direction and/or extend axially, transversely, obliquely or helically and/or the plurality of the first longitudinal airbag chambers is arranged in the circumferential direction next to the single longitudinal airbag chamber or the plurality of the second longitudinal airbag chambers;
(claim 5) (as best understood) wherein the plurality of the first longitudinal airbag chambers and/or the plurality of the second longitudinal airbag chambers are formed at least in portions with a circular or elliptical cross section;
(claim 6) (as best understood) wherein the airbag 100 comprises three fabric layers at least in portions, namely a first fabric layer, a third fabric layer and at least a portion of a second fabric layer,
wherein the three fabric layers are woven together so that in the region forming the first airbag chamber,
wherein the plurality of the first longitudinal airbag chambers extend in an axial direction and are radially offset from one another and are formed between the first fabric layer and the second fabric layer, and between the third fabric layer and the second fabric layer.
Claims 1-3, 5, and 6 (as best understood) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 8,087,690 B2), previously cited by Examiner.
Regarding claim 1 (as best understood), Kim (at least Figs. 2-8; also see annotated Fig. 8 attached herewith) discloses an airbag 30, 31 configured to be set from an uninflated state to an inflated state by an inflation operation to protect an occupant of a vehicle,
wherein the airbag 30, 31 has two fabric layers in certain regions and three fabric layers in certain other regions, which are joined together in such a way that the airbag, in a spread-out state, forms a region forming a first airbag chamber 30 and an adjacent region forming a second airbag chamber 31 separate from the first airbag chamber 30 in a direction of a length of the airbag in the spread-out state (at least column 4 lines
19-28),
wherein the fabric layers are further joined together in such a way that
- the first airbag chamber 30 and the second airbag chamber 31 are configured to be set independently of each other from the uninflated state thereof into the inflated state thereof, respectively, and
- the region forming the first airbag chamber 30, starting from the uninflated state, curves outwardly during a first inflation operation of the first airbag chamber 30 and forms a tubular shape with an oval or circular cross-section at least in portions in the inflated state of the first airbag chamber 30, and thereby an outer overlapping portion of the region forming the second airbag chamber 31 in the inflated state thereof radially overlaps an inner overlapping portion of the region forming the first airbag chamber 30.
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Regarding claims 2, 3, 5, and 6 (as best understood), Kim (at least Figs. 2-8; also see annotated Fig. 8 attached herewith) discloses the airbag 30, 31,
(claim 2) (as best understood) wherein the fabric layers are joined together in such a way that the outer overlapping portion of the second airbag chamber 31 in the uninflated state radially overlaps with the inner overlapping portion of the first airbag chamber 30 in the inflated state and/or curves outwardly during a second inflation operation of the second airbag chamber 31 or extends along the inner overlapping portion of the first airbag chamber 30 in the inflated state and thereby radially overlaps with the inner overlapping portion of the first airbag chamber 30 in the inflated state and/or forms a radial outer tube wall portion or hollow cylinder wall portion with respect to the inner overlapping portion of the first airbag chamber 30 in the inflated state;
(claim 3) (as best understood) wherein the first airbag chamber 30 has a plurality of interconnected first longitudinal airbag chambers 30a with respective first airbag chamber volumes which, in the inflated state, are arranged next to one another in a circumferential direction and/or extend axially, transversely, obliquely or helically, and/or the second airbag chamber 31 has a single longitudinal airbag chamber or a plurality of interconnected second longitudinal airbag chambers with respective second airbag chamber volumes, which, in the inflated state, are arranged next to one another in the circumferential direction and/or extend axially, transversely, obliquely or helically and/or the plurality of the first longitudinal airbag chambers 30a is arranged in the circumferential direction next to the single longitudinal airbag chamber or the plurality of the second longitudinal airbag chambers 31;
(claim 5) (as best understood) wherein the plurality of the first longitudinal airbag chambers 30a and/or the plurality of the second longitudinal airbag chambers 31 are formed at least in portions with a circular or elliptical cross-section;
(claim 6) (as best understood) wherein the airbag 30, 31 comprises three fabric layers at least in portions, namely a first fabric layer, a third fabric layer and a second fabric layer (see annotated Fig. 8 attached herewith),
wherein the three fabric layers are woven together so that in the region forming the first airbag chamber 30,
wherein the plurality of the first longitudinal airbag chambers 30a extend in an axial direction and are radially offset from one another and are formed between the first fabric layer and the second fabric layer, and between the third fabric layer and the second fabric layer.
Claims 1-3, 8 and 10-12 (as best understood) are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gartner et al. (US 12,296,771 B2), previously cited by Examiner.
Regarding claim 1 (as best understood), Gartner et al. (at least Fig.) discloses an airbag 14 configured to be set from an uninflated state to an inflated state by an inflation operation to protect an occupant 20 of a vehicle 10,
wherein the airbag 14 has two fabric layers in certain regions and three fabric layers in certain other regions, which are joined together in such a way that the airbag, in a spread-out state, forms a region forming a first airbag chamber 22 and an adjacent region forming a second airbag chamber 32, 34 separate from the first airbag chamber 22 in a direction of a length of the airbag in the spread-out state,
wherein the fabric layers are further joined together in such a way that
- the first airbag chamber 22 and the second airbag chamber 32, 34 are configured to be set independently of each other from the uninflated state thereof into the inflated state thereof, respectively (at least column 5 lines 27-44, column 5 line 55 – column 6 line 24), and
- the region of forming the first airbag chamber 22, starting from the uninflated state, curves outwardly during a first inflation operation of the first airbag chamber 22 and forms a tubular shape with an oval or circular cross-section at least in portions in the inflated state of the first airbag chamber 22 (at least column 5 lines 24-26), and thereby an outer overlapping portion of the region forming the second airbag chamber 32, 34 in the inflated state thereof radially overlaps an inner overlapping portion of the region forming the first airbag chamber 22.
Regarding claims 2, 3, and 8 (as best understood), Gartner et al. (at least Fig.) discloses the airbag 14,
(claim 2) (as best understood) wherein the fabric layers are joined together in such a way that the outer overlapping portion of the second airbag chamber 32, 34 in the uninflated state radially overlaps with the inner overlapping portion of the first airbag chamber 22 in the inflated state and/or curves outwardly during a second inflation operation of the second airbag chamber 32, 34 or extends along the inner overlapping portion of the first airbag chamber 22 in the inflated state and thereby radially overlaps with the inner overlapping portion of the first airbag chamber 22 in the inflated state and/or forms a radial outer tube wall portion or hollow cylinder wall portion with respect to the inner overlapping portion of the first airbag chamber 22 in the inflated state;
(claim 3) (as best understood) wherein the second airbag chamber 32, 34 has a single longitudinal airbag chamber;
(claim 8) (as best understood) wherein a first airbag chamber 22 is connected to a region which forms a first generator mouth for receiving a first gas generator 24 or a first connection region for connecting a first gas generator 24, and a second airbag chamber 32, 34 is connected to a region which forms a second generator mouth for receiving a second gas generator 24 or a second connection region for connecting a second gas generator 24, wherein the second generator mouth is separate from the first generator mouth so that the first airbag chamber 22 and the second airbag chamber 32, 34 are configured to be inflated independently of one another via their respective first 24 or second gas generator 24 (at least column 5 lines 27-44, column 5 line 55 – column 6 line 24).
Regarding claim 10 (as best understood), Gartner et al. (at least Fig.) discloses an airbag arrangement 14 comprising:
the airbag 14 according to claim 1, and
at least two gas generators 24, 24 that are configured to be activated independently of each other (at least column 5 lines 27-44, column 5 line 55 – column 6 line 24),
wherein a first gas generator 24 of the at least two gas generators 24, 24 is received or connected in a first generator mouth or a first connection region of the first airbag chamber 22 and a second gas generator 24 of the at least two gas generators 24, 24 is received or connected in a second generator mouth or a second connection region of the second airbag chamber 32, 34.
Regarding claim 11 (as best understood), Gartner et al. (at least Fig.) discloses an airbag deployment apparatus 24 for deploying an airbag 14 comprising a control apparatus 26 and the airbag arrangement 14 according to claim 10, wherein the control apparatus 26 is configured to activate the first gas generator 24 to fill the first airbag chamber 22 and is further configured to activate the second gas generator 24 to fill the second airbag chamber 32, 34 when the first gas generator 24 has already been activated and a predetermined time has elapsed (at least column 5 lines 27-44, column 5 line 55 – column 6 line 24).
Regarding claim 12 (as best understood), Gartner et al. (at least Fig.) discloses a method of deploying the airbag arrangement 14 according to claim 10, comprising the following steps:
activating the first gas generator 24 to fill the first airbag chamber 22 of the airbag 14, and activating the second gas generator 24 to fill the second airbag chamber 32, 34 of the airbag 14, at the same time or after the first gas generator 24 has already been activated (at least column 5 lines 27-44, column 5 line 55 – column 6 line 24).
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 8 (as best understood) is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 8,087,690 B2) in view of Jaradi et al. (US 11,332,093 B2).
Regarding claim 8 (as best understood), Kim (at least Figs. 2-8; also see annotated Fig. 8 attached herewith) discloses the airbag 30, 31, wherein the first airbag chamber 30 is connected to a region which forms a first generator mouth for receiving a first gas generator or a first connection region for connecting a first gas generator 40.
But Kim (at least Figs. 2-8; also see annotated Fig. 8 attached herewith) does not explicitly disclose that the second airbag chamber 31 is connected to a region which forms a second generator mouth for receiving a second gas generator or a second connection region for connecting a second gas generator, wherein the second generator mouth is separate from the first generator mouth so that the first airbag chamber 30 and the second airbag chamber 31 are configured to be inflated independently of one another via their respective first or second gas generator.
Jaradi et al. (at least Fig. 1-6) discloses that it is known in the art to provide a first airbag chamber 22 connected to a region which forms a first generator mouth for receiving a first gas generator 54 or a first connection region for connecting a first gas generator 54, and a second airbag chamber 20 connected to a region which forms a second generator mouth for receiving a second gas generator 52 or a second connection region for connecting a second gas generator 52, wherein the second generator mouth is separate from the first generator mouth so that the first airbag chamber 22 and the second airbag chamber 20 are configured be inflated independently of one another via their respective first 54 or second gas generator 52 (at least column 4 lines 50-51).
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 second airbag chamber of Kim with a region which forms a second generator mouth for receiving a second gas generator or a second connection region for connecting a second gas generator according to the teachings of Jaradi et al., in order to achieve the desirable result of independently inflating the first airbag chamber and the second airbag chamber from each other.
Response to Arguments
Applicant's arguments filed 6/26/2026 have been fully considered but they are not persuasive.
Applicant argues on page 7 of 14 of the REMARKS/ARGUMENTS:
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However, Examiner respectfully disagrees. Examiner notes that said limitation above describes an intermediate stage (the spread-out state) as shown in Fig. 3b. The final airbag product is shown in Fig. 3a.
Also see rejection of at least claim 1 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.
Further, even if Applicant’s argument that the phrase "spread-out state" is simply a structural description of the final airbag product is true, then the claim is unclear for a different reason. The preamble includes "airbag configured to be set from an uninflated state to an inflated state", and the claim further refers to the uninflated state and the inflated state. If the spread-out state is a structural description of the final airbag product, then what is the difference between the spread-out state and the inflated state?
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Applicant argues on pages 9-10 of 14 of the REMARKS/ARGUMENTS:
Examiner respectfully disagrees. Applicant’s arguments rely on language solely recited in the preamble recitation in claim 1. When reading the preamble in the context of the entire claim, the recitation “airbag configured to be set from an uninflated state to an inflated state by an inflation operation to protect an occupant of a vehicle” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
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Applicant further argues on page 10 of 14 of the REMARKS/ARGUMENTS:
Examiner respectfully disagrees. It is the Examiner’s position that claim 1 is sufficiently broad that Whalen is still applicable.
In response to Applicant’s arguments on pages 11-13 of the REMARKS/
ARGUMENTS regarding Kim and Gartner, Examiner respectfully disagrees. Examiner notes that the limitation “in a spread-out state” describes an intermediate stage as shown in Fig. 3b. The final airbag product is shown in Fig. 3a.
Also see rejection of at least claim 1 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.
Further, even if Applicant’s argument that the phrase "spread-out state" is simply a structural description of the final airbag product is true, then the claim is unclear for a different reason. The preamble includes "airbag configured to be set from an uninflated state to an inflated state", and the claim further refers to the uninflated state and the inflated state. If the spread-out state is a structural description of the final airbag product, then what is the difference between the spread-out state and the inflated state?
Allowable Subject Matter
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph (pertaining to claim 1), set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The primary reason for the allowance of claim 9 in this case, is the inclusion of the limitation “wherein the airbag has a first partial region and a second partial region as well as the region forming the first airbag chamber, wherein the first partial region is arranged between the region forming the first airbag chamber and the second partial region,
wherein the second partial region has at least one generator mouth configured to receive a gas generator for filling the airbag or a connection for connecting the gas generator,
wherein the region forming the first airbag chamber has a plurality of first longitudinal airbag chambers and is configured in three layers” now included in claim 9, in combination with the other elements recited, which is not found in the prior art of record.
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.
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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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