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 .
Claim Objections
Claim 1 is objected to because of the following informalities: Line 3 “on which belt shaft” is grammatically incorrect. 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 1 – 18 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 3 recites the limitation "the bulges" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 1 and 7, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 1- 6, 8 - 12, 15 and 18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dahlquist et al (WO 2022/184535).
Dahlquist discloses in figures 1 – 4 a seatbelt retractor (10) for securing in and/or on a backrest of a vehicle seat, wherein the seatbelt retractor has a housing (20, 30) in which a belt shaft is rotatably mounted about an axis of rotation (A), on which belt shaft a seatbelt of the seatbelt retractor can be wound into a cylindrical belt winding (12), wherein the housing comprises two housing halves (20, 30) which at least partially radially surround the belt winding, wherein at least one further functional module (11, 13, 14, 15, 16, 17, 18, 19) of the seatbelt retractor is arranged in the housing along the axis of rotation of the belt shaft , preferably coaxially to the axis of rotation (claim 1). at least one housing half has, radially towards the outside, at least one partially cylindrical bulge adapted to the belt winding (claim 2). the housing forms a cuboidal interior which is enlarged by the bulges (28) (claim 3). the seatbelt retractor has a bearing plate on both sides of the belt winding along the axis of rotation , each of which bearing plates engages in at least one housing half (claim 4). one of the bearing plates divides the interior of the housing into a belt winding chamber and a functional chamber (figures 1,2), wherein the belt winding chamber and the functional chamber are arranged one behind the other along the axis of rotation of the belt shaft (claim 5). The housing has beads extending in parallel with the axis of rotation of the belt shaft (figures 1, 2) (claim 6). The housing has mounting portions (34, reference area 34) and interior portions (34) which form an interior, wherein the mounting portions are flat and adjoin parts of the interior portion (claim 8). the mounting portions (34 area, figure 1) lie in a common securing plane (Figure 3) (claim 9). the mounting portions lie in the securing plane together with an interior portion (claim 10). the mounting portions are formed in one layer from one housing half or in two layers from two housing halves (figure 3) (claim 11). the mounting portions have at least one interruption (figure 3) along the axis of rotation of the belt shaft (claim 12). the vehicle seat has a backrest (41), wherein the seatbelt retractor is secured in and/or on the backrest (claim 15). that the housing extends at least over half the width of the backrest of the vehicle seat (claim 18).
Claim(s) 1 – 5, 15 and 18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jabusch et al (US 10,870,410).
Jabusch discloses in figures 1 – 4a a seatbelt retractor (40) for securing in and/or on a backrest of a vehicle seat, wherein the seatbelt retractor has a housing (20, 30) in which a belt shaft is rotatably mounted about an axis of rotation (A), on which belt shaft a seatbelt of the seatbelt retractor can be wound into a cylindrical belt winding (14), wherein the housing comprises two housing halves (31, 30) which at least partially radially surround the belt winding, wherein at least one further functional module (23, 29) of the seatbelt retractor is arranged in the housing along the axis of rotation of the belt shaft , preferably coaxially to the axis of rotation (claim 1). at least one housing half has, radially towards the outside, at least one partially cylindrical bulge adapted to the belt winding (figure 4a) (claim 2). the housing forms a cuboidal interior (21) which is enlarged by the bulges (claim 3). the seatbelt retractor has a bearing plate (20, 19, 18, 16, 17, 15) on both sides of the belt winding along the axis of rotation, each of which bearing plates engages in at least one housing half (claim 4). one of the bearing plates divides the interior of the housing into a belt winding chamber and a functional chamber (figure 3), wherein the belt winding chamber and the functional chamber are arranged one behind the other along the axis of rotation of the belt shaft (claim 5). the vehicle seat has a backrest (41), wherein the seatbelt retractor is secured in and/or on the backrest (claim 15). that the housing extends at least over half the width of the backrest of the vehicle seat (claim 18).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahlquist et al. as applied to claim 1 above, and further in view of DE 0201000379.
Dahlquist discloses a seatbelt retractor on the seatback as claimed but does not explicitly disclose the retractor in the seatback. However ‘379 discloses in figures 2 – 3 a seatbelt retractor is arranged in and/or on the backrest in the chest region or the seatbelt retractor is arranged in and/or on the backrest in the pelvic region (claim 16); arranged next to one another on a backrest for three occupants (claim 17). At the time of fling PPHOSITA would have found it obvious to incorporate the teachings of ‘379 into Dahlquist. The motivation would have been improving the characteristics of benches for vehicles, for campers, having a seat, a seatbelt and a seat backrest fixed to a seat frame.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahlquist et al. as applied to claim 1 above, and further in view of Krall (DE 3331272).
Dahlquist discloses beads in the housing but does not explicitly disclose beads arranged in a cross shape. However Krall discloses in figure 5 a retractor housing having beads (17) in a cross-shape. At the time of filing it would have been obvious to PHOSITA to use a different shape since it has been held to be within the general skill of a worker in the art to select a known pattern on the basis of its suitability for the intended use as a matter of obvious design choice.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahlquist et al. as applied to claim 1 above, and further in view of Beigun et al. (US 9,744,93).
Dahlquist discloses mounting portions in the housing but does not explicitly disclose upper and lower mounting portions above and below the interior portion at several points. However Beigun discloses in figure 5 a retractor housing having upper and lower mounting portions above and below the interior portion. In combination, at the time of filing it would have been obvious to PHOSITA to combine the teachings of Dahlquist and Beigun. The motivation would have been securing the housing at several points of the housing width on the seat. Further, using a different shape since has been held to be within the general skill of a worker in the art to select a known pattern on the basis of its suitability for the intended use as a matter of obvious design choice.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicole Verley whose telephone number is (571)270-3542. The examiner can normally be reached 10AM-6PM.
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/NICOLE T VERLEY/ Primary Examiner, Art Unit 3614
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