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.
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 1-10 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.
Claim 1 is unclear. In line 2, the claim recites having “an inflator.” In line 7, the claim recites “the gas generator.” While “the gas generator” lacks antecedent basis, Examiner believes that the gas generator is the same element as the previous claimed “inflator” from line 2. Examiner suggests changing terminology to remain consistent. Other claims, including at least claims 7 and 8, refer to “the gas generator.” Examiner suggests changing “an inflator” to “a gas generator” in order to remedy clarity issues.
Claim 3 is indefinite for using indefinite claim language. Lines 2-3 recite “preferably has a circular receptacle for the bushing.” The use of “preferably” makes the claim indefinite as it does not positively recite having a circular receptacle for the bushing. Rather, as the claim reads it just means that’s a preference but not a requirement.
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.
Claims 1-3, and 5-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 199 18 596 to Chicken et al. (hereinafter Chicken).
Regarding claim 1, Chicken discloses a tensioning device (5) for a safety belt component (see Abstract), having a gas generator (9) for generating a pressurized gas, a piston (7) that can be driven by the pressurized has, a tension cable (8) that is connected to the piston (7) and is connectable to a safety belt component (1) to be put into a tensioning movement, a tensioner tube (6) for receiving and guiding the piston (7), and a receptacle (10, 11) that accommodates the gas generator (9; see Figures 1 and 2), wherein the tension cable (8) extends through a frame (3) at the end facing away from the tensioner tube (6), and a deflection element (19) is mounted in the frame (3), wherein the tension cable (8) bears directly against the deflection element (19).
Regarding claim 2, Chicken discloses the deflection element (19) has a deflection surface which is circular in cross-section (see at least Figures 1 and 6) at least in sections and against which the tension cable (8) bears.
Regarding claim 3, Chicken discloses the deflection element (19) is mounted in the frame (3) by means of a bushing (22) and is a circular receptable (20/21) for the bushing (see at least Figure 1).
Regarding claim 5, Chicken discloses the deflection element (19) is flat in a section against which the tension cable does not bear (see at least Figure 6).
Regarding claim 6, Chicken discloses an outer contour (see at least Figure 1) of a further component (6) of the tensioning device (5) is adapted to the outer contour of the deflection element (19).
Regarding claim 7, Chicken discloses a plug element (24) for electrically contacting the gas generator (9) is adapted in its outer contour to the outer contour of the deflection element (19; see at least Figure 6).
Regarding claim 8, Chicken discloses the receptable (10, 11) for the gas generator (9) is formed integrally with a cable guide (12) through which the tension cable (8) is guided out of the tensioner tube (6) wherein the receptacle and the cable guide (12) are arranged entirely within the tensioner tube (6; see at least Figures 1 and 2).
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2003/0184076 to Devereaux et al. (hereinafter Devereaux).
Regarding claim 1, Devereaux discloses a tensioning device (Abstract) for a safety belt component (see Abstract), having a gas generator (52) for generating a pressurized gas, a piston (46) that can be driven by the pressurized has, a tension cable (30) that is connected to the piston (46) and is connectable to a safety belt component (28) to be put into a tensioning movement, a tensioner tube (40) for receiving and guiding the piston (46), and a receptacle (54) that accommodates the gas generator (52), wherein the tension cable (30) extends through a frame (60) at the end facing away from the tensioner tube (40), and a deflection element (106) is mounted in the frame (60), wherein the tension cable (30) bears directly against the deflection element (106).
Regarding claim 2, Devereaux discloses the deflection element (106) has a deflection surface (148, 138) which is circular in cross-section (see at least Figure 2) at least in sections and against which the tension cable (30) bears.
Regarding claim 3, Devereaux discloses the deflection element (106) is mounted in the frame (60) by means of a bushing (154) and is a circular receptable (68) for the bushing (154; see at least Figure 2).
Regarding claim 4, Devereaux discloses the circular receptable (68) is arranged eccentrically in relation to the circular defection surface (148, 138; see at least Figures 2 and 3).
Claims 1 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 9,834,174 to Kacprzak.
Regarding claim 1, Kacprzak discloses a tensioning device (see Figure 2) for a safety belt component (34), having a gas generator (24) for generating a pressurized gas, a piston (18) that can be driven by the pressurized has, a tension cable (28) that is connected to the piston (18) and is connectable to a safety belt component (34) to be put into a tensioning movement, a tensioner tube (12) for receiving and guiding the piston (18), and a receptacle (14) that accommodates the gas generator (24), wherein the tension cable (28) extends through a frame (see Abstract; near 26) at the end facing away from the tensioner tube (12), and a deflection element (50) is mounted in the frame (26), wherein the tension cable (28) bears directly against the deflection element (50; see Figure 2).
Regarding claim 8, Kacprzak discloses the receptacle (14) for the gas generator (24) is formed integrally with a cable guide (42) through which the tension cable (28) is guided out of the tensioner tube (12) wherein the receptacle (14) and the cable guide (42) are arranged entirely within the tensioner tube (12).
Regarding claim 9, Kacprzak discloses the receptacle (14) and the cable guide (42) are arranged in a region of the tensioner tube (12) which the tensioner tube deviates from a circular cross section (see Figures 1 and 2 where 14 and 42 are in the area of 12 that is non-circular).
Regarding claim 10, Kacprzak discloses in the triggered case the pressurized gas is applied to the piston (18) through the change in cross-section of the tensioner tube (see at least Figure 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited on the attached PTO-892 all relate to seat belt tensioners.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tiffany L. Webb whose telephone number is (571)272-3950. The examiner can normally be reached M-F: 8:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Dickson can be reached at 571-272-7742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.L.W./Examiner, Art Unit 3614
/PAUL N DICKSON/Supervisory Patent Examiner, Art Unit 3614