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
Figure 5,6 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 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 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(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Terai(US 5273310 A) in view of Hurst(US 7093847 B2).
Regarding claim 1, Terai discloses an instrument panel (1) comprising: an airbag retainer(18) that is for attachment of an airbag main body(16); and a tray(7a) that is disposed below the airbag retainer(fig 1,2), the airbag retainer and the tray being attached to a panel main body(fig 1,2), wherein a part of the tray is attached to the panel main body with a fastening tool(8). Terai does not disclose an opening portion in the retainer however Hurst discloses an airbag retainer comprising an opening portion(20). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Terai such that a retainer comprising opening portions is used to provide a mounting point on the retainer that requires less space and allowing the mounting structure to lock on, providing a secure fit. The combination would result in the fastening tool being visually recognizable through the opening formed in the airbag retainer.
Regarding claim 2, the combination of Terai in view of Hurst discloses wherein the airbag main body is attached to the airbag retainer by being locked at the opening portion of the airbag retainer (col 2, line 62- col 3, line 2, terai; Fig 2 Hurst).
Regarding claim 3, Terai discloses wherein the tray is disposed to be aligned with an air outlet (20-23) of an air conditioning device in a vehicle width direction(fig 1,2; col 3 lines 3-18).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAMS DHANANI whose telephone number is (571)272-6255. The examiner can normally be reached Monday - Friday (out of office every other Friday) - 8:00 am - 4:00 pm.
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SHAMS . DHANANI
Examiner
Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614
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