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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 submissions filed on 1/30/2026 and 2/9/2026 have been entered.
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 11 and 12 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 12 line 3, it is unclear whether the limitation “a base portion” is the same as or different from the limitation “a base portion” in claim 3 line 21, from which claim 12 depends. Therefore, claim 12 is rendered indefinite.
In claim 12 line 5, it is unclear whether the limitation “a protrusion” is the same as or different from the limitation “a protrusion” in claim 3 line 10, from which claim 12 depends. Therefore, claim 12 is rendered indefinite.
In claim 12 lines 3-6, the limitation “a base portion … and” appears to be a substantial duplicate of limitations already recited in claim 3 (lines 21-25), from which claim 12 depends; therefore, Examiner suggests deleting said limitation.
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 3, 7, 8, and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Jinnai et al. (US 2023/0050754 A1) in view of Cheal et al. (US 8,240,701 B2), both previously cited by Examiner.
Regarding claim 3, Jinnai et al. (at least Figs. 1A-3C; also see annotated Figs. 2A-3B attached herewith) discloses a curtain airbag device 102 for a moving object (vehicle 100), the curtain airbag device 102 comprising
a bag body 104 configured to inflate and deploy when inflation gas is supplied;
a first engagement portion 136, 182A, 182B fixed to the bag body 104; and
a belt-shaped member 116 configured to keep a folded bag body 104 that is the bag body 104 in a folded state and to break when the bag body 104 inflates and deploys,
wherein
the first engagement portion 136, 182A, 182B is configured to be engageable
with a second engagement portion 170A (at least Fig. 2B) arranged on a member 118 to which the bag body 104 is to be attached,
the first engagement portion 136, 182A, 182B has a protrusion (cylinder-bodied portion of stud 182A, at least paragraph [0041], also see annotated Figs 2A-3B attached herewith) protruding in a direction opposite to a deploying direction of the bag body 104,
the belt-shaped member 116 has a first through-hole 164A arranged at a first position of the belt-shaped member 116, and a second through-hole 164B arranged at a second position of the belt-shaped member 116, the first position and the second position representing positions in a longitudinal direction of the belt-shaped member 116, respectively (at least Figs. 2A-2B),
the belt-shaped member 116, in a range from the first position to the second position, is wound around the folded bag body 104, such that the protrusion is placed within the first through-hole 164A and the second through-hole 164B (at least Figs. 2A-2B),
the first engagement portion 136, 182A, 182B includes a base portion 180 having a flat plate shape, the base portion being fixed to the bag body 104, the base portion extending in a planar direction orthogonal to the deploying direction,
the protrusion protruding from the base portion 180 in the direction opposite to the deploying direction, and
the first engagement portion 136, 182A, 182B includes a pressing portion (button-headed portion of stud 182A, at least [0041], also see annotated Figs 2A-3B attached herewith) configured to reduce likelihood of unraveling of the belt-shaped member 116 wound around the folded bag body 104, wherein a part of the belt-shaped member 116 is disposed between the pressing portion and the base portion 180.
But Jinnai et al. (at least Figs. 1A-3C; also see annotated Figs. 2A-3B attached herewith) does not explicitly disclose that an opening shape of the first through-hole 164A and an opening shape of the second through-hole 164B are triangular.
Cheal et al. (at least Figs. 1-9) discloses that it is known in the art to provide a belt-shaped member 140 comprising a through-hole 145 having a triangular opening shape.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the opening shape of the first through-hole 164A and the opening shape of the second through-hole 164B of Jinnai et al. such that they are triangular according to the teachings of Cheal et al., in order to achieve the desirable result of facilitating installation of the belt-shaped member.
Further, it would have been an obvious matter of design choice to make an opening shape of the first through-hole 164A and an opening shape of the second through-hole 164B of Jinnai et al. be triangular, 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.
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Regarding claim 10, the combination of Jinnai et al. (at least Figs. 1A-3C; also see annotated Figs. 2A-3B attached herewith) and Cheal et al. (at least Figs. 1-9) as modified above discloses the curtain airbag device 102, wherein
the belt-shaped member 116 is wound around the folded bag body 104 such that a part of the base portion 180 is positioned between the belt-shaped member 116 and the folded bag body 104.
But the combination of Jinnai et al. (at least Figs. 2A-2B) and Cheal et al. (at least Figs. 1-9) as modified above does not explicitly disclose wherein the first engagement portion 136, 182A, 182B is made of resin.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to provide the first engagement portion 136, 182A, 182B made of resin, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claims 11 and 12, the combination of Jinnai et al. (at least Figs. 1A-3C; also see annotated Figs. 2A-3B attached herewith) and Cheal et al. (at least Figs. 1-9) as modified above discloses
(claim 12) (as best understood) wherein the first engagement portion 136, 182A, 182B includes: a base portion 180 having a flat plate shape, the base portion being fixed to the bag body 104, the base portion extending in a planar direction orthogonal to a deploying direction of the bag body; a protrusion (cylinder-bodied portion of stud 182A, at least paragraph [0041], also see annotated Figs 2A-3B attached herewith) protruding from the base portion 180 in a direction opposite to the deploying direction; and a fitting portion (button-headed portion of stud 182A, at least [0041], also see annotated Figs 2A-3B attached herewith) extending from an end of the protrusion in the direction opposite to the deploying direction, the fitting portion extending in a direction parallel to the planar direction, the fitting portion being capable of fitting into a fitting hole 174 arranged in the second engagement portion 170A (at least Fig. 2B);
(claim 11) (as best understood) wherein an opening shape of the fitting hole 174 is rectangular, and the fitting portion (button-headed portion of stud 182A, at least [0041], also see annotated Figs 2A-3B attached herewith) has a rectangular portion corresponding to the opening shape of the fitting hole 174 when viewed in a direction in which the fitting portion extends and is capable of being snap-fitted into the fitting hole.
Regarding claim 7, Jinnai et al. (at least Figs. 1A-3C; also see annotated Figs. 2A-3B attached herewith) discloses an airbag casing 118 comprising:
a housing portion 118, 170A, 168 (at least Fig. 2B) configured to house a bag body 104 in a folded state, the bag body 104 included in a curtain airbag device 102 for a moving object (vehicle 100), the bag body 104 being configured to inflate and deploy when inflation gas is supplied;
a housing engagement portion 170A configured to be engageable with a bag engagement portion 136, 182A, 182B fixed to the bag body 104, the housing engagement portion 170A being fixed to the housing portion 118, 170A, 168; and
a belt-shaped member 116 configured to keep a folded bag body 104 that is the bag body 104 in a folded state and to break 166 when the bag body 104 inflates and deploys,
wherein
the bag engagement portion 136, 182A, 182B includes:
a base portion 180 having a flat plate shape, the base portion 180 being
fixed to the bag body 104 (at least paragraph [0040] lines 16-21), the base portion 180 extending in a planar direction orthogonal to a deploying direction of the bag body 104;
a protrusion (cylinder-bodied portion of stud 182A, at least paragraph
[0041], also see annotated Figs 2A-3B attached herewith) protruding from the base portion 180 in a direction opposite to the deploying direction; and
a fitting portion (button-headed portion of stud 182A, at least paragraph
[0041], also see annotated Figs 2A-3B attached herewith) extending from an end of the protrusion in the direction opposite to the deploying direction, the fitting portion extending in a direction parallel to the planar direction, the fitting portion being capable of fitting into a fitting hole 174 arranged in the housing engagement portion 170A,
the belt-shaped member 116 has a first through-hole 164A arranged at a first position of the belt- shaped member, and a second through-hole 164B arranged at a second position of the belt-shaped member, the first position and the second position representing positions in a longitudinal direction of the belt-shaped member, respectively (at least Figs. 2A-2B),
the belt-shaped member 116, in a range from the first position to the second position, is wound around the folded bag body 104, such that the protrusion is placed within the first through- hole 164A and the second through-hole 164B (at least Figs. 2A-3B),
the bag engagement portion 136, 182A, 182B includes a pressing portion (button-headed portion of stud 182A, at least paragraph [0041], also see annotated Figs 2A-3B attached herewith) configured to reduce likelihood of unraveling of the belt-shaped member 116 wound around the folded bag body 104, wherein a part of the belt-shaped member 116 is disposed between the pressing portion and the base portion 180.
But Jinnai et al. (at least Figs. 1A-3C; also see annotated Figs. 2A-3B attached herewith) does not explicitly disclose that an opening shape of the first through-hole 164A and an opening shape of the second through-hole 164B are triangular.
Cheal et al. (at least Figs. 1-9) discloses that it is known in the art to provide a belt-shaped member 140 comprising a through-hole 145 having a triangular opening shape.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the opening shape of the first through-hole 164A and the opening shape of the second through-hole 164B of Jinnai et al. such that they are triangular according to the teachings of Cheal et al., in order to achieve the desirable result of facilitating installation of the belt-shaped member.
Further, it would have been an obvious matter of design choice to make an opening shape of the first through-hole 164A and an opening shape of the second through-hole 164B of Jinnai et al. be triangular, 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.
Regarding claim 8, Jinnai et al. (at least Figs. 1A-3C; also see annotated Figs. 2A-3B attached herewith) discloses a moving object (vehicle 100) subjected to attachment of a curtain airbag device 102, the moving object comprising:
a main body of the moving object;
a housing engagement portion 170A configured to be engageable with a bag engagement portion 136, 182A, 182B fixed to a bag body 104 of the curtain airbag device 102, the housing engagement portion 170A being fixed to the main body of the moving object; and
a belt-shaped member 116 configured to keep a folded bag body 104 that is the bag body 104 in a folded state and to break 166 when the bag body 104 inflates and deploys,
wherein
the bag engagement portion 136, 182A, 182B includes:
a base portion 180 having a flat plate shape, the base portion 180 being
fixed to the bag body 104 (at least paragraph [0040] lines 16-21), the base portion 180 extending in a planar direction orthogonal to a deploying direction of the bag body 104;
a protrusion (cylinder-bodied portion of stud 182A, at least paragraph
[0041], also see annotated Figs 2A-3B attached herewith) protruding from the base portion 180 in a direction opposite to the deploying direction;
a fitting portion (button-headed portion of stud 182A, at least paragraph
[0041], also see annotated Figs 2A-3B attached herewith) extending from an end of the protrusion in the direction opposite to the deploying direction, the fitting portion extending in a direction parallel to the planar direction, the fitting portion being capable of fitting into a fitting hole 174 arranged in the housing engagement portion 170A,
the belt-shaped member 116 has a first through-hole 164A arranged at a first position of the belt- shaped member, and a second through-hole 164B arranged at a second position of the belt-shaped member, the first position and the second position representing positions in a longitudinal direction of the belt-shaped member, respectively (at least Figs. 2A-2B),
the belt-shaped member 116, in a range from the first position to the second position, is wound around the folded bag body 104, such that the protrusion is placed within the first through- hole 164A and the second through-hole 164B (at least Figs. 2A-3B),
the bag engagement portion 136, 182A, 182B includes a pressing portion (button-headed portion of stud 182A, at least paragraph [0041], also see annotated Figs. 2A-3B attached herewith) configured to reduce likelihood of unraveling of the belt-shaped member 116 wound around the folded bag body 104, wherein a part of the belt-shaped member 116 is disposed between the pressing portion and the base portion 180.
But Jinnai et al. (at least Figs. 1A-3C; also see annotated Figs. 2A-3B attached herewith) does not explicitly disclose that an opening shape of the first through-hole 164A and an opening shape of the second through-hole 164B are triangular.
Cheal et al. (at least Figs. 1-9) discloses that it is known in the art to provide a belt-shaped member 140 comprising a through-hole 145 having a triangular opening shape.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the opening shape of the first through-hole 164A and the opening shape of the second through-hole 164B of Jinnai et al. such that they are triangular according to the teachings of Cheal et al., in order to achieve the desirable result of facilitating installation of the belt-shaped member.
Further, it would have been an obvious matter of design choice to make an opening shape of the first through-hole 164A and an opening shape of the second through-hole 164B of Jinnai et al. be triangular, 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.
Regarding claims 13-15, Jinnai et al. (at least Figs. 1A-3C; also see annotated Figs. 2A-3B attached herewith) discloses the claimed invention, wherein:
the base portion 180 has a first end in a longitudinal direction of the base portion and a second end in the longitudinal direction, the longitudinal direction being parallel to the planar direction.
But Jinnai et al. (at least Figs. 1A-3C; also see annotated Figs. 2A-3B attached herewith) does not explicitly disclose wherein
the first end has a first hole;
the second end has a second hole;
the first end is sewn to the bag body, via the first hole, by sewing along the longitudinal direction using a thread; and
the second end is sewn to the bag body, via the second hole, by sewing along the longitudinal direction using the thread.
However, Jinnai et al. (at least Figs. 4A-4C) discloses wherein:
a base portion 180 has a first end in a longitudinal direction of the base portion and a second end in the longitudinal direction, the longitudinal direction being parallel to a planar direction;
the first end has a first hole;
the second end has a second hole;
the first end is sewn to the bag body 104, via the first hole, by sewing along the longitudinal direction using a thread; and
the second end is sewn to the bag body 104, via the second hole, by sewing along the longitudinal direction using the thread.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the base portion of Jinnai et al. (at least Figs. 1A-3C) according to the teachings of Jinnai et al. (at least Figs. 4A-4C), in order to achieve the desirable result of facilitating attachment of the base portion to the bag body.
Response to Arguments
Applicant's arguments filed 1/30/2026 have been fully considered but they are not persuasive.
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Applicant argues on at least page 13 of the REMARKS:
However, Examiner respectfully disagrees. Examiner notes that Jinnai et al. (at least Figs. 1A-3C; also see annotated Figs. 2A-3B attached herewith) discloses a pressing portion (button-headed portion of stud 182A, at least [0041], also see annotated Figs 2A-3B attached herewith). Also see rejection(s) above.
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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/JOSELYNN Y SLITERIS/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614