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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/16/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 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 13, 15, 20, 22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Buchholz (US-20150329073-A1), henceforth referred to as Buchholz.
Regarding claim 13, Buchholz discloses an airbag comprising: a first skin which encloses a first gas space and which has a first layer which has an inner surface facing the first gas space and an outer surface facing away from the first gas space (Figure 5: envelope 20 comprises a first skin enclosing gas bag 2, the first skin having an inner surface facing the interior of gas bag 2, and an outer surface facing away from the interior of gas bag 2), and an active ventilation device which has a throttled or closed first state and an open second state, and which comprises a breakthrough in the first layer (Figures 1 and 5: vent 22 has a closed first state and open second state, and forms a breakthrough in envelope 20), and which is permanently connected to the first layer by means of a cover element connection (Figure 5: cover 7 is connected to envelope 20 via fixed connection F), wherein the cover element connection is not closed, so that an opening area is formed between the first layer and the cover element (Figure 5: opening area formed between envelope 20 and cover 7 when cover 7 is not closed), an expansion assembly comprising a second skin enclosing a second gas space and a gas generator (Figures 1 and 5: second gas space 5 and inflator 6 enclosed by envelope 51), wherein the second skin is arranged on the inner surface of the first layer and overlaps the cover element at least in sections (Figure 1: envelope 51 is arranged on the inner surface of envelope 20 and overlaps a portion of cover 7), a tear seam which has a section extending through the cover element, the first layer and the second skin, and thus prevents or restricts gas escape through the opening area in the first state of the ventilation device (Figure 1: releasable connection L is formed as a tear seam extending through cover 7, envelope 20, and envelope 51).
A further embodiment of Buchholz discloses a cover element arranged on the outer surface of the first layer which covers the breakthrough at least in sections (Figure 14: cover 7 is disposed on the outside of envelope 20, covering vent 22). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine embodiments of Buchholz, such that “The resulting shape of a hood offers the possibility of directing gases exiting from the gas bag interior into a particular direction, in order to for example prevent a contact with the vehicle occupant(s) as far as possible” (Paragraph [0098]).
Regarding claim 15, Buchholz discloses the cover element is folded (Paragraph [0094]: "The covering part 7 is formed by a one-part flexible fabric blank which is folded in a zigzag-shaped manner on two opposed regions 71 a, 71 b and only subsequently is fixed at the envelope 20 of the gas bag 2 (see FIGS. 12, 13)"), and is at least in sections formed at least three-layered (Figure 12: portions 71A and 71B are folded into 3 layers).
Regarding claim 20, Buchholz discloses the ventilation device is spaced from the edge of the first layer (Figure 5: vent 22 is spaced from an edge of envelope 20).
Regarding claim 22, Buchholz discloses only the tear seam extends through the second gas space (Figure 1: releasable connection L is formed as a tear seam extending through cover 7, envelope 20, and envelope 51).
Regarding claim 24, Buchholz discloses an airbag unit consisting of an airbag comprising a first skin which encloses a first gas space and which has a first layer which has an inner surface facing the first gas space and an outer surface facing away from the first gas space (Figure 5: envelope 20 comprises a first skin enclosing gas bag 2, the first skin having an inner surface facing the interior of gas bag 2, and an outer surface facing away from the interior of gas bag 2), an active ventilation device which has a throttled or closed first state and an open second state, and which comprises a breakthrough in the first layer (Figures 1 and 5: vent 22 has a closed first state and open second state, and forms a breakthrough in envelope 20), and which is permanently connected to the first layer by means of a cover element connection (Figure 5: cover 7 is connected to envelope 20 via fixed connection F), wherein the cover element connection is not closed, so that an opening area is formed between the first layer and the cover element (Figure 5: opening area formed between envelope 20 and cover 7 when cover 7 is not closed), an expansion assembly comprising a second skin enclosing a second gas space and a gas generator (Figures 1 and 5: second gas space 5 and inflator 6 enclosed by envelope 51), wherein the second skin is arranged on the inner surface of the first layer and overlaps the cover element at least in sections (Figure 1: envelope 51 is arranged on the inner surface of envelope 20 and overlaps a portion of cover 7), a tear seam which has a section extending through the cover element, the first layer and the second skin and thus prevents or restricts gas escape through the opening area in the first state of the ventilation device (Figure 1: releasable connection L is formed as a tear seam extending through cover 7, envelope 20, and envelope 51), and a main inflator for filling the first gas space (Figure 5: main gas generator 1 inflates first gas space 2).
A further embodiment of Buchholz discloses a cover element arranged on the outer surface of the first layer which covers the breakthrough at least in sections (Figure 14: cover 7 is disposed on the outside of envelope 20, covering vent 22). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine embodiments of Buchholz, such that “The resulting shape of a hood offers the possibility of directing gases exiting from the gas bag interior into a particular direction, in order to for example prevent a contact with the vehicle occupant(s) as far as possible” (Paragraph [0098]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Buchholz in view of Perez (US-20220306038-A1), henceforth referred to as Perez.
Regarding claim 14, Buchholz does not teach a slit-shaped breakthrough. Perez discloses the breakthrough has at least one slit-shaped section (Paragraph [0091]: "The active vent 142 configuration of FIGS. 7-8 includes a vent opening 200, such as a slit or hole"). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the airbag vent of Buchholz with the slit shape of Perez in order to achieve a desired flow through the vent (Paragraph [0091]: “The active vent 142 configuration of FIGS. 7-8 includes a vent opening 200, such as a slit or hole, that extends through the side wall 112 that separates the primary chamber 100 from the secondary chamber 130. The vent opening 200 shown has a generally circular shape or configuration. Those skilled in the art, however, will appreciate that the vent opening 200 may have any desired shape or configuration.”).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Buchholz in view of Weber (US20150314747A1), henceforth referred to as Weber.
Regarding claim 21, Buchholz discloses the cover element is folded (Paragraph [0094]: "The covering part 7 is formed by a one-part flexible fabric blank which is folded in a zigzag-shaped manner on two opposed regions 71 a, 71 b and only subsequently is fixed at the envelope 20 of the gas bag 2 (see FIGS. 12, 13)"), and is at least in sections formed at least three-layered (Figure 12: portions 71A and 71B are folded into 3 layers).
However, Buchholz does not teach the breakthrough being T, V, or U shaped. Weber discloses the breakthrough is T-shaped or V-shaped with two slit- shaped sections, or U-shaped (Paragraph [0059]: "In the eighth embodiment, as is shown in FIGS. 18 to 19 a, the ventilation opening is configured as a slit having a U- or a V-shape"). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vent shape of Buchholz with the vent shape of Weber, as “This has the advantage, in particular, that an inadvertent covering of the ventilation opening 12 after the expansion of the second cover 44 will be prevented” (Paragraph [0059]).
Allowable Subject Matter
Claims 16-19 and 23 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 “first skin further comprises a second layer, the ventilation device is arranged in a region of an edge of the first layer, the breakthrough extends to the edge of the first layer, the first layer is permanently connected to the second layer along its edge by means of an edge connection, wherein at least the region of the ventilation device in which the breakthrough ends at the edge is free of a permanent connection” as found in dependent claim 16, is not an obvious combination of prior art, as modifying Buchholz to move the vent to an edge portion, have the breakthrough extend to the edge of the first layer, and be free of a permanent connection, would be non-obvious.
Further, the “at least one layer of the second skin is gas- permeable at least in sections” as found in dependent claim 23 is not an obvious combination of prior art. Reiner (DE-102006043552-A1) discloses a gas-permeable airbag fabric, but does not teach an active airbag ventilation system, and there would be no motivation to combine Buchholz with the gas-permeable fabric of Reiner.
Cited Prior Art not Relied Upon
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes Haas (US-20160325706-A1), which discloses an active airbag ventilation system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J O'NEILL whose telephone number is (571)272-4752. The examiner can normally be reached Mon - Fri: 7AM-4PM.
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/MATTHEW JAMES O'NEILL/Examiner, Art Unit 3614
/KAREN BECK/Primary Examiner, Art Unit 3614
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