DETAILED ACTION
The present application, filed on 03/06/2025, is being examined under the first inventor to file provisions of the AIA .
The following is a Non-Final Office Action on the merits in response to applicant’s filing from 03/06/2025.
Claims 1-10 are pending and have been considered below.
Priority
The application claims foreign priority to DE102022/122768, filed on 09/08/2022; and is a 371 of PCT/EP2023/074422, filed on 09/06/2023. The priority is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/06/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Objections
Claim 1, lines 4-5 is objected to because of the following informalities: “connectable to a safety belt component” should read, “connectable to the safety belt component”. Appropriate correction is required.
Claim 1, line 7 is objected to because of the following informalities: “the gas generator” should read, “the inflator”. Appropriate correction is required.
Claim 7, lines 1-2 is objected to because of the following informalities: “the at least one securing portion” should read, “the at least one securing section”. Appropriate correction is required.
Claim 10, lines 2-3 is objected to because of the following informalities: “and is in particular U-shaped in cross-section” should read, “and is U-shaped in cross-section”. Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kohama (JP 2018/001770), as cited by Applicant.
Regarding claim 1, Kohama discloses a tensioning device {1} for a safety belt component {21+22}, having
- an inflator {5} for generating a pressurized gas,
- a piston {3} that can be driven by the pressurized gas {“a gas generator 5 for applying a driving force to the piston 3” [0019]},
- a tension cable {2} that is connected to the piston {3: “a wire 2 connected to a webbing for restraining an occupant, a piston 3 disposed on the wire 2” [0019]} and is connectable to a safety belt component {21+22} to be put into a tensioning movement {“holder 21 is connected to one end of the wire 2, and the holder 21 is connected to the ferrule 22. The ferrule 22 is connected to the end portion of the webbing. The webbing connected to the wire 2 via the ferrule 22 constitutes a lap belt which restrains the waist of the occupant when the occupant is restrained” [0020]},
- a tensioner tube {4} for receiving and guiding the piston {3: “A cylinder 4 for slidably receiving the piston 3” [0019]}, and
- a receptacle {6+51 (top receptacle portion of 6 and 51, Fig. 1)} that accommodates the gas generator {5: “gas generator 5 is fixed to the housing 6 by a keeper 51” [0023]},
wherein the tension cable {2} extends through a frame {6} on the side facing away from the tensioner tube {4 (Fig. 1)} and that an end cap {7} is plugged onto the frame {6}, wherein the end cap {7} engages into the frame {6} at least in sections {7a, 7b, 7c, 72, 75 (Figs. 2-4)}.
Regarding claim 2, Kohama discloses the end cap {7} abuts at least in sections {7a, 7b, 7c, 72, 75} against an edge of the frame {6} both internally {via 7c, 72} and externally {via 7a, 7b, 75 (Fig. 3)}.
Regarding claim 3, Kohama discloses the end cap {7} closes the frame {6} circumferentially on an end face facing away from the tensioner tube {4 (Figs. 1, 3)}.
Regarding claim 4, Kohama discloses a guide section {7c, 73, 74} of the end cap {7} engaging into the frame {6} forms a guide for the tension cable {2 (Figs. 1-5)}.
Regarding claim 5, Kohama discloses the guide section {7c, 73, 74} is configured to deflect the tension cable {2} by 900 {Figs. 1-5: “In order to guide the wire 2 from the wire end 23 in the cylinder 4 to the ferrule 22 (holder 21) connected to the webbing, It is necessary to bend or bend the wire 2 on the way. In the present embodiment, the wire 2 inserted into the bracket 7 is bent upward, and elastic deformation is suppressed by the rivet 74 fixed to the bracket 7” [0024]; “The bending angle of the wire 2 is adjusted by the inclination angle θ of the straight line connecting the center of the fixing hole 73 and the center of the rivet hole 74a” [0029]}.
Regarding claim 6, Kohama discloses the frame {6}, at least one securing section {7a (72+75), 7b (72+75)} of the end cap {7} engaging into the frame {6}, and the tension cable {2} are aligned with one another in such a way that the tension cable {2} is secured by the at least one securing section {7a (72+75), 7b (72+75)} against unintentional movement {Figs. 1, 3: “a bracket 7 for positioning the wire 2, wherein the housing 6 has a projection 61 formed on a side surface 6s and a step portion 62 formed on a side surface 6s, and the bracket 7 is engaged with the projection 61 An engaging hole 71 to be engaged with, and a stopper 72 engageable with the stepped portion 62” [0019]; “the wire 2 inserted into the bracket 7 is bent upward, and elastic deformation is suppressed by the rivet 74 fixed to the bracket 7” [0024]; “A guide portion 75 for guiding the protrusion 61 of the housing 6 to the engagement hole 71 is formed in front of the engagement hole 71” [0030]; “the stopper 72 can restrict the rotational motion of the bracket 7, which occurs when the engaging hole 71 is engaged with the protrusion 61, and the falling off of the bracket 7 can be suppressed” [0032]}.
Regarding claim 7, Kohama discloses the at least one securing portion {7a (72+75), 7b (72+75)} of the end cap {7} engaging into the frame {6} is deformed when inserted into the frame {6} and thereby secures the tension cable {2} against unintentional movement {“As shown in FIG. 3(a), the guide portion 75 is constituted by a portion deformed so as to open a part of the first side plate 7a and the second side plate 7b to the outside” [0030]}.
Regarding claim 9, Kohama discloses the end cap {7} is plugged onto the frame {6} from the end facing away from the tensioner tube {4 (Figs. 1, 3)}.
Claim Rejections - 35 USC § 103
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 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kohama.
Regarding claim 8, Kohama discloses all the aspects of claim 7. Kohama further discloses two securing sections {7a (72+75), 7b (72+75)} of the end cap {7} engaging into the frame {6} are deformed away the tension cable {2} when inserted from two sides {Fig. 3: “the guide portion 75 is constituted by a portion deformed” [0030]}.
Therefore, Kohama discloses the claimed invention except the two securing sections of the end cap deforming towards the tension cable when inserted from two sides. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the two securing sections of the end cap engaging into the frame deformed towards the tension cable when inserted from two sides (by reconfiguring frame 6 and end cap 7, such that the two securing sections 75 are configured to engage frame 6 on the inside of frame 6, instead of the outside of frame 6, resulting in a deformation of 75 toward the cable 2, instead of away), so that “the wire 2 inserted into the bracket 7 is bent upward, and elastic deformation is suppressed” [0024], since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Regarding claim 10, Kohama discloses all the aspects of claim 1. Kohama further discloses the frame {6} is U-shaped in cross-section {Figs. 1 and 3 show that the frame 6 is a downward U-shape in cross-section, such that 7c (which is a part of bracket 7, which has an upper U-shape in cross-section) can slide in to the open portion of the frame at the bottom end}.
Kohama does not explicitly disclose the material of the frame 6 (called “bracket 6” [0038]), and therefore does not disclose the frame is formed from a metal sheet. However, Kohama further teaches that “The bracket 7 shown in FIGS. 2A and 4A described above is made of a material (for example, aluminum, aluminum alloy, or the like) having a smaller specific gravity than iron, for example. Specifically, the bracket 7 may be manufactured by aluminum die casting. By adopting a material having a smaller specific gravity than iron, it is possible to effectively reduce the weight of the bracket” [0039].
Therefore, Kohama discloses the claimed invention except for the frame is formed from a metal sheet. It would have been obvious to one having ordinary skill in the art at the time the invention was made to form the frame from a metal sheet having a smaller specific gravity than iron, in order “to effectively reduce the weight of the bracket” [0039], 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. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Conclusion
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/Daniel M. Keck/Patent Examiner, Art Unit 3614
