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 .
This office action is in response to the amendment filed 14 May 2025, in which claims 1, 2, 4, 5, 7, 9, and 14 were amended and claims 16-23 were added.
Double Patenting
Applicant’s amendment of co-pending Application No. 19/104,723 to cancel claims 1-15 overcomes the statutory type (35 U.S.C. 101) double patenting rejection of the present application.
Claim Objections
Claims 22 and 23 are objected to because of the following informalities: Examiner suggests changing “a vehicle occupant” to --the vehicle occupant-- (claim 22, line 4; claim 23, lines 3-4), since a vehicle occupant has already been claimed in preceding claim 1. Appropriate correction is required.
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 5-7 and 16 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 regards to claim 5, it is unclear if Applicant intends to reference a central layer or multiple center layers with the phrase “the central layer(s)” (line 3). Since only “a central layer” has been previously claimed, if Applicant intends to reference multiple central layers, then there is insufficient antecedent basis for this limitation in the claim. Clarification and rephrasing are required.
Claim 7 recites the limitation "the at least one attachment point" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant has previously claimed “one attachment point” (claim 4), but has not claimed at least one attachment point.
Claim 16 recites the limitation "the at least one attachment point" in line 3. There is insufficient antecedent basis for this limitation in the claim. Applicant has previously claimed “one attachment point” (claim 4), but has not claimed at least one attachment point.
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(s) 1-4, 8, 10, 11, and 17-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukawatase (US 2020/0062210 A1) in view of Manley (US 2007/0040368 A1). Fukawatase discloses a vehicle occupant protection system (passenger protecting device #10, 32, 34, 36) comprising:
(claim 1) an airbag (inflating portion #24) configured to protect legs (including knees #P2) of a vehicle occupant (passengers #P; has the ability to so perform, depending upon size and position of passenger at time of airbag activation; figures 1-5);
wherein, prior to activation of the vehicle occupant protection system (#10, 32, 34, 36), the airbag (#24) is arranged folded on a floor (#18) of a vehicle (#12) in front of an associated vehicle seat (#16; figure 1; paragraph 0014) and deploys in a situation of restraint from the floor in front of the vehicle seat (figures 2-5);
wherein the airbag (#24) comprises several tubular inflatable chambers (first and second inflating portions #26, 28) being in fluid connection which, when inflated, are connected three-dimensionally to one another (figures 2-5; paragraphs 0016-0038);
wherein several of the chambers (#26, 28) form support struts (any of first and second inflating portions #26, 28) of the airbag (#24), while at least one of the chambers (any of first and second inflating portions #26, 28) in an upper area of the airbag forms a restraint chamber (figures 2-5; paragraphs 0016-0038);
wherein, when the airbag (#24) is completely inflated, the restraint chamber (any of first and second inflating portions #26, 28) is configured to be arranged directly in front of a shin area, a knee area or a pelvis area of the vehicle occupant (has the ability to so perform, depending upon size and position of passenger #P at time of airbag activation; figures 2-5);
(claim 4) wherein two support struts (any of first and second inflating portions #26, 28) between which a corner area is located abut on each other, when inflated, at an angle other than 0o (figures 2-5);
(claim 11) wherein the airbag (#24) is braced via at least one tether (first and second partitioning wall members #30, 38) extending outside the inflatable chambers (#26, 28), and the tether is made of a single-layer fabric (paragraphs 0014, 0015, 0020, 0030, 0038; figure 2-5);
(claim 17) wherein the support struts (any of first and second inflating portions #26, 28) are configured and arranged to stabilize the restraint chamber (any of first and second inflating portions #26, 28 in upper area of inflating portion #24) in the upper area of the airbag (has the ability to so perform, such as first inflating portions #26 stabilizing second inflating portions #28; figures 2-5);
(claim 18) wherein the tubular inflatable chambers (first and second inflating portions #26, 28) are connected to form a three-dimensional frame that is dimensionally stable in itself, connected to the floor (#18) of the vehicle (#12) and free from connections to other vehicle structures (figures 2-5);
(claim 19) wherein dimensions of the three-dimensional frame correspond to vertical, longitudinal, and transverse directions in the vehicle (#12; first and second inflating portions #26, 28 are each three-dimensional structures that extend at least to some extent in vertical, longitudinal, and transverse directions; figures 2-5);
(claim 20) wherein the support struts collectively extend in at least the vertical direction and the longitudinal direction, and wherein the restraint chamber extends in the transverse direction (first and second inflating portions #26, 28 are each three-dimensional structures that extend at least to some extent in vertical, longitudinal, and transverse directions; figures 2-5);
(claim 21) wherein the support struts are configured to extend, individually or in combination, along at least two of the three dimensions, and the restraint chamber is configured to extend at least in a third one of the three dimensions (first and second inflating portions #26, 28 are each three-dimensional structures that extend at least to some extent in vertical, longitudinal, and transverse directions; figures 2-5);
(claim 22) wherein the support struts (any of first and second inflating portions #26, 28) are configured and arranged so that, when the airbag (#24) is inflated, a free space (including space with partitioning wall shaped members #30, 38) is provided beneath the restraint chamber (at least second inflating portions #28) for receiving upward movement of legs (including knees #P2) of a vehicle occupant (#P) seated in the associated vehicle seat (#16; has the ability to so perform, depending upon size and position of passenger at time of airbag activation; figures 1-5);
(claim 23) wherein the restraint chamber (at least second inflating portions #28) is positioned so that a lower side of the restraint chamber is configured to cushion upward movement of the legs (including knees #P2) of a vehicle occupant (#P) seated in the associated vehicle seat (#16; has the ability to so perform, depending upon size and position of passenger at time of airbag activation; figures 1-5).
Fukawatase does not disclose wherein at least the portions of the airbag (#24) which include the inflatable chambers (#26, 28) are one-piece woven, or a central layer between two outer layers. Manley teaches a vehicle occupant protection system (figure 1) comprising:
(claim 1) an airbag (#10; figure 1);
wherein at least the portions of the airbag (#10) which include inflatable chambers are one-piece woven (one-piece woven structure discussed throughout the specification);
(claim 2) wherein at least portions of the airbag have at least three superimposed layers (including first side #22, second side #24, and central tethers #20, 30, 40) in the inflatable chambers, wherein a central layer (central tethers #20, 30, 40) is located between two outer layers (including first side #22, second side #24) which seal off the airbag against an environment in which the airbag is situated (figures 2-6; paragraphs 0038-0063);
(claim 3) wherein the central layer (#20, 30, 40) has a woven structure (paragraphs 0059-0063);
(claim 4) wherein the central layer (#20, 30, 40) extends in a corner area of the airbag (#10) at least at one attachment point from one of the outer layers to an opposite outer layer (#22, 24) through an interior of the airbag (figures 2-6);
(claim 8) wherein the central layer (#20, 30, 40) constitutes a protective layer for the outer layers (#22, 24) in a connecting area of an inflator (central tethers #20, 30, 40 can act as a protective layer for the entire airbag #10, including a connecting area of an inflator);
(claim 10) wherein all layers (#20, 22, 24, 30, 40) are woven in one piece with one another (figures 2-6; one-piece woven structure discussed throughout the specification).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle occupant protection system of Fukawatase to include one-piece woven fabric with a central layer located between two outer layers, as taught by Manley, so as to shape the air bag to a desired inflated dimension, and provide an optimum combination of strength and air permeability, with a production process that can be completed in fewer steps (Manley: paragraphs 0035, 0036, 0061, 0062).
Allowable Subject Matter
Claims 5-7 and 16 appear to 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, set forth in this Office action, and to include all of the limitations of the base claim and any intervening claims.
Claims 9 and 12-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
the allowable subject matter of claim 16 is wherein the central layer in the corner area has a flat design and extends rotated between the attachment point on an inner side of a curvature and an outer side of the curvature about an angle of about 900, in combination with other features of preceding claims 1, 2, and 4.
Response to Arguments
Applicant's arguments filed 14 May 2026 have been fully considered but they are not persuasive.
In regards to pages 10-11 and claim 1, Applicant argues that Fukawatase (US 2020/0062210 A1) does not disclose an airbag connected to form a three-dimensional structure, while Applicant admits that every physical structure known to man has three dimensions. As set forth above, Fukawatase (US 2020/0062210 A1) discloses wherein the airbag (#24) comprises several tubular inflatable chambers (first and second inflating portions #26, 28) being in fluid connection which, when inflated, are connected three-dimensionally to one another (figures 2-5; paragraphs 0016-0038). First and second inflating portions (#26, 28) are each three-dimensional structures that extend at least to some extent in vertical, longitudinal, and transverse directions (figures 2-5).
In regards to page 11 and claims 17-18, Applicant argues that Fukawatase (US 2020/0062210 A1) does not disclose that the support struts stabilize the restraint chamber, and the tubular inflatable chambers form a dimensionally stabile three-dimensional frame supported by the vehicle floor. As set forth above, Fukawatase (US 2020/0062210 A1) discloses wherein the support struts (any of first and second inflating portions #26, 28) are configured and arranged to stabilize the restraint chamber (any of first and second inflating portions #26, 28 in upper area of inflating portion #24) in the upper area of the airbag (has the ability to so perform, such as first inflating portions #26 stabilizing second inflating portions #28; figures 2-5), and wherein the tubular inflatable chambers (first and second inflating portions #26, 28) are connected to form a three-dimensional frame that is dimensionally stable in itself, connected to the floor (#18) of the vehicle (#12) and free from connections to other vehicle structures (figures 2-5).
In regards to page 11 and claims 19-21, Applicant argues that Fukawatase (US 2020/0062210 A1) does not disclose the claimed three-dimensional structure. As set forth above, Fukawatase (US 2020/0062210 A1) discloses wherein dimensions of the three-dimensional frame correspond to vertical, longitudinal, and transverse directions in the vehicle (#12; first and second inflating portions #26, 28 are each three-dimensional structures that extend at least to some extent in vertical, longitudinal, and transverse directions; figures 2-5), wherein the support struts collectively extend in at least the vertical direction and the longitudinal direction, and wherein the restraint chamber extends in the transverse direction (first and second inflating portions #26, 28 are each three-dimensional structures that extend at least to some extent in vertical, longitudinal, and transverse directions; figures 2-5), and wherein the support struts are configured to extend, individually or in combination, along at least two of the three dimensions, and the restraint chamber is configured to extend at least in a third one of the three dimensions (first and second inflating portions #26, 28 are each three-dimensional structures that extend at least to some extent in vertical, longitudinal, and transverse directions; figures 2-5).
In regards to pages 11-12 and claims 22-23, Applicant argues that Fukawatase (US 2020/0062210 A1) includes a mesh-like wall shaped member (#38) that would block a leg-catcher function created by a free space beneath the restraint chamber. As set forth above, Fukawatase (US 2020/0062210 A1) discloses wherein the support struts (any of first and second inflating portions #26, 28) are configured and arranged so that, when the airbag (#24) is inflated, a free space (including space with partitioning wall shaped members #30, 38) is provided beneath the restraint chamber (at least second inflating portions #28) for receiving upward movement of legs (including knees #P2) of a vehicle occupant (#P) seated in the associated vehicle seat (#16; has the ability to so perform, depending upon size and position of passenger at time of airbag activation; figures 1-5), and wherein the restraint chamber (at least second inflating portions #28) is positioned so that a lower side of the restraint chamber is configured to cushion upward movement of the legs (including knees #P2) of a vehicle occupant (#P) seated in the associated vehicle seat (#16; has the ability to so perform, depending upon size and position of passenger at time of airbag activation; figures 1-5). The partitioning wall shaped members (#30, 38) are thinner than the support struts (first and second inflating portions #26, 28), and do not take up the entirety of the space beneath the restraint chamber (such as, second inflating portions #28), and would not preclude the restraint chamber from being ale to receive upward movement of a seated occupant’s legs, depending upon size and position of passenger at time of airbag activation (figures 2-5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maier et al. (US 2026/0054680 A1) is a pre-grant publication of a related application.
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 LAURA FREEDMAN whose telephone number is (571)272-2442. The examiner can normally be reached Monday-Friday 8am-4:30pm.
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/LAURA FREEDMAN/
Primary Examiner
Art Unit 3614
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