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 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.
In claim 1, the claim language an extension line of a straight line connecting both end portions of the inner through hole partially overlaps with the airbag module in a top view of the seat is unclear.
In claim 5, the claim language an angle formed between a straight line along an extending direction of the inner through hole and a straight line along an extending direction of the outer through hole is an obtuse angle in the top view of the seat is unclear.
In claim 6, the claim language an angle formed between the extension line of the inner through hole and an extension line of a straight line connecting both end portions of the outer through hole is an obtuse angle in the top view of the seat is unclear.
In claim 7, the claim language notes an angle formed between a straight line along the first direction and a straight line along the second direction is an obtuse angle in the top view of the seat is unclear.
In claim 8, the claim language notes an angle formed between a straight line along an extending direction of the inner through hole and a straight line along an extending direction of the outer through hole is an obtuse angle in the top view of the seat is unclear.
In claim 10, the claim language an extension line of a straight line connecting both end portions of the inner through hole partially overlaps with the airbag module in a top view of the seat is unclear.
In claim 14, the claim language an angle formed between a straight line along an extending direction of the inner through hole and a straight line along an extending direction of the outer through hole is an obtuse angle in the top view of the seat is unclear.
In claim 15, the claim language an angle formed between the extension line of the inner through hole and an extension line of a straight line connecting both end portions of the outer through hole is an obtuse angle in the top view of the seat is unclear.
In claim 16, the claim language an angle formed between a straight line along the first direction and a straight line along the second direction is an obtuse angle in the top view of the seat is unclear.
In claim 17, the claim language an angle formed between a straight line along an extending direction of the inner through hole and a straight line along an extending direction of the outer through hole is an obtuse angle in the top view of the seat is unclear.
Claim 9 recites the limitation "the guide". There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-4 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimoda, et al. (JP2013124028A).
As best understood Shimoda discloses a conveyance seat, comprising a seat back 14 serving as a backrest portion; and a side airbag device 54 attached to a side part of the seat back in a seat width direction in order to mitigate an impact applied from a side of a conveyance (see Figures 1 and 2), wherein the seat back includes a pad material 22 and a back frame 18 having side frames disposed on right and left sides in the seat width direction, and the side airbag device includes an airbag module 52 attached to the side frame, the airbag module has an airbag inflation-deployed from the side frame, pad material has an inner through hole 30 formed inward of the side frame in the seat width direction and extending inward in the seat width direction, and an extension line of a straight line connecting both end portions of the inner through hole partially overlaps with the airbag module in a top view of the seat. The seat back includes a skin material 42 covering the pad material 22, the extension line of the inner through hole passes through the skin material 42 in the top view of the seat, and the skin material has no through holes at a portion where the extension line passes. The side airbag device includes a guide member 70 guiding an inflation deployment of the airbag, the seat back includes a skin material 42 covering the pad material, and one end portion of the guide member passes through the inner through hole, and is provided on a back surface of the skin material positioned inward in the seat width direction relative to the inner through hole (see Figure 5). The side airbag device includes a guide member guiding an inflation deployment of the airbag, and one end portion of the guide member is provided on a back surface of the pad material, extends from an outer side toward an inner side in the seat width direction, and extends past the vicinity of the airbag module and through the inner through hole (see Figure 5). The seat back includes a skin material covering the pad material, the skin material has a skin burst-open portion via 44 burst-opening when the airbag is inflation-deployed, and one end portion of the guide member 70, the other end portion of the guide member and the skin burst-open portion are disposed at positions not overlapping one another in the top view of the seat.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art recited discloses common inventive concepts as the claimed present invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Faye M. Fleming whose telephone number is (571)272-6672. The examiner can normally be reached M-F 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul N. 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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/FAYE M FLEMING/Primary Examiner, Art Unit 3614