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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “warp yarn” of claims 13 and 14 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.
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 1-14 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.
Regarding the last limitation of claims 1 and 2, “at least a partial region of the tether portion” appears twice and leads to a lack of clarity as to whether the partial regions of the tether portion are the same or different partial regions. If the limitation is intended to mean that a partial region of the tether portion can either be bridged over the seat support portion in a front-rear direction or a width direction of the seat, it is advised the limitation is rewritten as: “wherein at least a partial region of the tether portion is bridged over the seat support portion in at least one of: a front-rear direction of the seat; or a width direction of the seat, at a position below the seat cushion air bag” to ensure clarity. Claims 3-14 are rejected under 35 U.S.C. 112(b) for depending on the clarity of claim 2.
Regarding claim 5, it is unclear if “at least a partial region of the tether portion” is the same as that of claim 2. Claims 7, 9, and 11 are rejected under 35 U.S.C. 112(b) for depending on the clarity of claim 5.
Regarding claim 6, it is unclear if “at least a partial region of the tether portion” is the same as that of claim 2. Claims 8, 10, and 12 are rejected under 35 U.S.C. 112(b) for depending on the clarity of claim 6.
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 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Fukawatase (US-10710540-B2) alone.
Fukawatase discloses a vehicle seat and seat cushion airbag.
Claim 1 – Fukawatase teaches a seat cushion air bag structure (title) comprising:
a seat support portion (element 30 in figure 4) disposed below a seat surface of a seat of a vehicle (element 12 figure 4);
a seat cushion air bag (element 36 in figure 4) disposed below the seat surface and above the seat support portion and configured to be deployed and inflated when an impact occurs to the vehicle (“in the event of a collision or emergency braking and, as is shown in figure 2, the seat cushion airbag 36 is inflated” in column 5, lines 10-12); and
a tether portion (element 38 in figure 4),
wherein the tether portion is bridged over the seat support portion in at least one of: at least a partial region of the tether portion in a front-rear direction of the seat (figure 2, and in column 4, lines 42-43, the tether portion “extends in the seat front-rear direction”); or at least a partial region of the tether portion in a width direction of the seat, at a position below the seat cushion air bag.
Fukawatase does not specifically teach the tether portion as containing fabric.
Claim 2 – Fukawatase teaches a seat cushion air bag device (title) comprising:
a seat cushion air bag (element 36 in figure 4) disposed below a seat surface of a seat of a vehicle (element 12 figure 4) and above a seat support portion (element 30 in figure 4) of the seat and configured to be deployed and inflated when an impact occurs to the vehicle (“in the event of a collision or emergency braking and, as is shown in figure 2, the seat cushion airbag 36 is inflated” in column 5, lines 10-12); and
a tether portion (element 38 in figure 4),
wherein the tether portion is bridged over the seat support portion in at least one of: at least a partial region of the tether portion in a front-rear direction of the seat (figure 2, and in column 4, lines 42-43, the tether portion “extends in the seat front-rear direction”); or at least a partial region of the tether portion in a width direction of the seat, at a position below the seat cushion air bag.
Fukawatase does not specifically teach the tether portion as containing fabric.
Fukawatase teaches the tether portion, element 38, in column 4, line 41, as “straps” that are “formed in an elongated belt shape”. Fukawatase also teaches the tether portion as “sewn onto” the air bag. Straps used in automotive restraint and airbag systems are commonly made from strong, flexible, and easily sewn materials such as woven fabric due to its high tensile strength and durability. Utilizing a fabric material for the tether portion would have been logical and nothing more than the use of a known material for its known properties in a predictable manner with a reasonable expectation of success. Therefore, it would have been obvious to one of ordinary skill in the art that the tether portion of Fukawatase contains fabric.
Claim 3 – Fukawatase teaches the seat support portion includes a seat bar (element 24 in figure 4) bridged to a seat portion of the seat in the width direction (cross section shown in figure 4 means it is in the seat-width direction), and
a seat pan (element 28 in figure 4) having a plate shape and positioned in front of the seat bar in the front-rear direction (figure 4), and
wherein the tether portion is bridged over the seat bar and the seat pan (figure 4).
Claim 4 – Fukawatase teaches the seat support portion includes at least two selected from:
a first seat bar (element 24 in figure 4) bridged to a seat portion of the seat in the width direction (cross section shown in figure 4 means it is in the seat-width direction);
a second seat bar (element 26 in figure 4) bridged to the seat portion in the width direction and positioned in front of the first seat bar in the front-rear direction (figure 4); and
a seat pan (element 28 in figure 4) having a plate shape and positioned in front of the second seat bar (figure 4), and
wherein the tether portion is bridged over the at least two selected from the first seat bar (figure 4), the second seat bar, and the seat pan (figure 4).
PNG
media_image1.png
485
736
media_image1.png
Greyscale
Image 1
Claims 5 and 6 – Fukawatase teaches the tether portion is bridged over the seat support portion in at least a partial region of the tether portion in the front-rear direction (figure 2, and in column 4, lines 42-43, the tether portion “extends in the seat front-rear direction”), and
wherein the seat cushion air bag device further comprises a tension applying element (element 34 in figure 4, described as an “inflator” in column 2, line 64, element 36B in figure 2, or element A in Image 1 above) configured to, when the impact occurs, apply tension in the front-rear direction to the tether portion (figure 2).
Claims 7 and 8 – Fukawatase teaches the seat cushion air bag has a downward pressing portion (element A in Image 1 above) configured to protrude downward when the seat cushion air bag is deployed and inflated (Image 1 above), and
wherein the tension applying element is the downward pressing portion (Image 1 above).
Claims 9 and 10 – Fukawatase teaches the seat cushion air bag has an upward pulling portion (element 36B in figure 2) configured to move upward in position when the seat cushion air bag is deployed and inflated (figure 2),
wherein a part of the tether portion positioned at least one of: in front of; or behind the seat cushion air bag in the front-rear direction is integrated with the upward pulling portion (behind the seat cushion air bag in figure 2), and
wherein the tension applying element is the upward pulling portion (figure 2).
Claims 11 and 12 – Fukawatase teaches an electric actuator (element 34, described as an “inflator” in column 2, line 64) connected to the tether portion and configured to pull the tether portion when the impact occurs (connected to the tether portion via the seat cushion air bag, and configured to pull the tether portion when the impact occurs, as shown in figure 2),
wherein the tension applying element is the electric actuator (figure 2).
Claims 13 and 14 – Fukawatase does not teach an angle formed by a direction in which the tether portion is bridged over the seat support portion and a direction in which a warp yarn extends in the tether portion is 0 degrees or 90 degrees.
Fukawatase does not specifically teach the tether portion as containing fabric, and more specifically Fukawatase does not teach the threads of the tether portion being “warp yarn”.
Fukawatase teaches the tether portion, element 38, in column 4, line 41, as “straps” that are “formed in an elongated belt shape”. Fukawatase also teaches the tether portion as “sewn onto” the air bag. It would have been obvious to one of ordinary skill in the art that the tether portion of Fukawatase is containing fabric. It would have been obvious to one of ordinary skill in the art to use “warp yarn” as the material of the fabric 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.
Furthermore, it would have been obvious to one of ordinary skill in the art that the warp yarn threads of the tether portion fabric are woven, where the warp yarn threads are at an angle either zero degrees with the direction of the tether portion, or ninety degrees with the direction of the tether portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TROY A LIBBY whose telephone number is (571)272-6676. The examiner can normally be reached Mon - Fri; 7:30 AM - 2:30 PM 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, DAVID DUNN can be reached at (571) 272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.A.L./Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
Prosecution Insights