DETAILED ACTION
The present application, filed on 03/26/2025, 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 03/26/2025.
Claims 1-15 are pending and have been considered below.
Priority
The application claims foreign priority to JP 2022-157161, filed on 09/29/2022; and is a 371 of PCT/JP2023/033493, filed on 09/14/2023. The priority is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/26/2025 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: “a flap provided on an outer periphery of the airbag that is folded that is able to control deployment behavior of the airbag” should read, “a flap provided on an outer periphery of the airbag when the airbag is in a folded state, that is able to control deployment behavior of the airbag”. Appropriate correction is required.
Claim 2, lines 1-2 is objected to because of the following informalities: “the folded airbag” should read, “the airbag in the folded state”. Appropriate correction is required.
Claim 2, line 2 is objected to because of the following informalities: “the folded airbag” should read, “the airbag in the folded state”. Appropriate correction is required.
Claim 3, line 3 is objected to because of the following informalities: “the weak portion” should read, “the weakened part”. Appropriate correction is required.
Claim 4, line 2 is objected to because of the following informalities: “the folded airbag” should read, “the airbag in the folded state”. Appropriate correction is required.
Claim 5, line 2 is objected to because of the following informalities: “the folded airbag” should read, “the airbag in the folded state”. 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 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takahashi (JP 2003/312405), as cited by Applicant.
Regarding claim 1, Takahashi discloses a pedestrian protection airbag device {10: “pedestrian protection airbag device 10” [0010]}, comprising:
an airbag {26: “airbag bag body 26” [0021]} that deploys from a boundary part {12A+24: “cowl box 12A” [0021]; “cowl portion 24” [0024]} between a hood {23} and a windshield {29: “the airbag bag body 26… starts to expand from the inside of the cowl box 12A toward the upper side of the cowl box 12A, as shown in FIG. 2, and the upper surface of the rear end 23A of the hood 23 and the front windshield glass 29” [0021]} of a vehicle {12 (Figs. 2-4): “vehicle body 12” [0022]} to protect a pedestrian or the like who collides with the vehicle {12}; and
a flap {42} provided on an outer periphery of the airbag {26} that is folded {Fig. 3} that is able to control deployment behavior of the airbag {26 (Figs. 2-3)};
wherein the flap {42} has a weakened part {44} that breaks or opens as the airbag {26} expands and deploys {Figs. 2-3}, so that the airbag {26} can deploy in a desired direction {“When the airbag bag body 26 is inflated and deployed, the fragile portion 44 formed in the cover 42 is broken by the inflation pressure of the airbag bag body 26. Therefore, the cover 42 is configured such that the upper wall portion 42F and the upper portion 42G of the front wall portion 42C are deployed rearward of the vehicle with the upper end portion 42E of the rear wall portion 42D as a hinge portion” [0018]}.
Regarding claim 6, Takahashi discloses the weakened part {44} is a slit or a breakable sewing line {“a fragile portion 44 in which a concave section having a triangular cross section is formed from the vehicle rear side. When the airbag bag body 26 is inflated and deployed, the fragile portion 44 formed in the cover 42 is broken by the inflation pressure of the airbag bag body 26” [0018]}.
Regarding claim 7, Takahashi discloses the flap {42} retains the airbag {26} including a portion near a center of the airbag {26} in the vehicle width direction {Fig. 3: “As shown in FIG. 3, the airbag module 24 in the pedestrian protection airbag device 10 extends in the vehicle width direction in the cowl box 12A of the vehicle body 12” [0011]}.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Takahashi in view of Sugimoto (WO 2016/103796), as cited by Applicant.
Regarding claim 2, Takahashi discloses the weakened portion {44} is formed in the vicinity of a front region of the folded airbag {26 (Fig. 2): “portion of the front wall portion 42C of the cover 42 that is below the upper end portion 32C of the front wall portion 32A of the case 32 is a fragile portion 44” [0018]}.
However, Takahashi does not explicitly disclose the weakened portion is formed in the vicinity of a rear region of the folded airbag.
Sugimoto teaches {Figs. 13-18} the weakened portion {14} is formed in the vicinity of a rear region of the folded airbag {11}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the pedestrian protection airbag device, as disclosed by Takahashi, such that the weakened portion is formed in the vicinity of a rear region of the folded airbag, as taught by Sugimoto, so that “after the winding portion R1 is pushed up to a position higher than the cowl 3 by a height T, the winding portion R1 starts to be deployed rearward, so that the winding portion R1 is positioned above the wiper 6 without interfering with the wiper 6” [0045], 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 Gazda.
Allowable Subject Matter
Claims 3-5 and 8-15 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:
Regarding claim 3, Takahashi discloses the airbag {26} includes a main chamber {50 (Fig. 6)} that can be deployed forward onto the hood {23} from the boundary part {12A+24}, and the flap {42} is configured to retain the main chamber {50} without breaking or opening the weak portion {44} until the main chamber {50} of the airbag {26} deploys {Figs. 2-3: “a fragile portion 44 in which a concave section having a triangular cross section is formed from the vehicle rear side. When the airbag bag body 26 is inflated and deployed, the fragile portion 44 formed in the cover 42 is broken by the inflation pressure of the airbag bag body 26” [0018]}.
However, none of the prior art of record, either alone or in obvious combination, discloses the airbag includes a main chamber that can be deployed forward onto the hood from the boundary part, and the flap is configured to retain the main chamber without breaking or opening the weak portion until the main chamber reaches the hood as the airbag deploys (emphasis added).
Accordingly, claims 4-5 and 8-15 are in condition for allowance by virtue of dependence from claim 3.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
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/Daniel M. Keck/Patent Examiner, Art Unit 3614
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