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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1-8 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-7 of Patent 12391204. Although the claims at issue are not identical, they are not patentably distinct from each other. The pending claims are broader and are met by the patented claims as outlined below.
This is a provisional nonstatutory double patenting rejection.
Application 19275172
Patent 12391204
1. An occupant protection device, comprising: a seat having a seat portion and a backrest portion; an elongated restraining member for restraining an occupant in the seat, one end portion in a longitudinal direction of the restraining member being disposed on a left top end side of the backrest portion, another end portion of the restraining member being disposed on a right top end side of the backrest portion, the restraining member being caused to pass from the one end portion to the other end portion through a left side face of the backrest portion, a left side face of the seat portion, a front face of the seat portion, a right side face of the seat portion, and a right side face of the backrest portion, the restraining member being housed in the seat; Anda take-up unit that takes up at least one of the one end portion and the other end portion of the restraining member; a motor that operates to drive the take-up unit to take up the at least one of the one end portion and the other end portion; and a control device that controls the motor to operate, wherein the restraining member is fed out from a housing portion of the seat and pulled up toward an upper end side of the backrest portion in accompaniment to an operation of the take-up unit, forming an occupant supporting portion, which supports a back face side of left and right thigh portions of the occupant, and a pulling portion that extends from both left and right ends of the occupant supporting portion to the upper end side of the backrest portion, and restrains the occupant against the backrest portion.
2. The occupant protection device according to claim 1, wherein the restraining member includes a core member that has flexibility and is taken up by the take-up unit, and a tube member that has flexibility and covers the core member.
3. The occupant protection device according to claim 1, wherein the take-up unit can take up both the one end portion and the other end portion of the restraining member.
4. The occupant protection device according to claim 3, wherein the one end portion and the other end portion of the restraining member are disposed aligned left to right in a vicinity of a center of the backrest portion, and the restraining member is configured in such way as to be able to restrain a front face side of left and right shoulder portions of the occupant when the take-up unit operates.
5. The occupant protection device according to claim 1, wherein the restraining member is housed in a groove formed in the left side face of the backrest portion, the left side face of the seat portion, the front face of the seat portion, the right-side face of the seat portion, and the right-side face of the backrest portion.
6. The occupant protection device according to the occupant protection device according to wherein the control device is further configured to receive a signal from a sensor configured to sense that a collision is to occur before an actual collision, and responsive to the signal indicating that the collision is to occur, control the motor to operate to drive the take-up unit.
7. The occupant protection device according to claim 1 when the take-up unit operates to take up the at least one of the one end portion and the other end portion, the restraining member leaves the housing portion through the slit and the take-up unit rolls the restraining member up toward the upper end side of the backrest portion.
8. The occupant protection device according to claim 1, wherein take-up unit is further configured to stop the motor from operating when an end portion of the occupant supporting portion reaches a predetermined height dimension.
1. An occupant protection device, comprising: a seat having a seat portion and a backrest portion; an elongated restraining member for restraining an occupant in the seat, one end portion in a longitudinal direction of the restraining member being disposed on a left top end side of the backrest portion, another end portion of the restraining member being disposed on a right top end side of the backrest portion, the restraining member being caused to pass from the one end portion to the other end portion through a left side face of the backrest portion, a left side face of the seat portion, a front face of the seat portion, a right side face of the seat portion, and a right side face of the backrest portion, the restraining member being housed in the seat; and a take-up unit that takes up at least one of the one end portion and the other end portion of the restraining member; a motor that operates to drive the take-up unit to take up the at least one of the one end portion and the other end portion; and a control device that controls the motor to operate, wherein the restraining member is fed out from a housing portion of the seat and pulled up toward an upper end side of the backrest portion in accompaniment to an operation of the take-up unit, forming an occupant supporting portion, which supports a back face side of left and right thigh portions of the occupant, and a pulling portion that extends from both left and right ends of the occupant supporting portion to the upper end side of the backrest portion, and restrains the occupant against the backrest portion, wherein the restraining member includes a core member that has flexibility and is taken up by the take-up unit, and a tube member that has flexibility and covers the core member, wherein a part wound around the take-up unit is the core member that is exposed from the tube member, and wherein a slit is provided on a surface of the seat at a position where the restraining member is housed.
2 The occupant protection device according to claim 1, wherein the take-up unit can take up both the one end portion and the other end portion of the restraining member.
3. The occupant protection device according to claim 3, wherein the one end portion and the other end portion of the restraining member are disposed aligned left to right in a vicinity of a center of the backrest portion, and the restraining member is configured in such way as to be able to restrain a front face side of left and right shoulder portions of the occupant when the take- up unit operates.
4. The occupant protection device according to claim 1, wherein the restraining member is housed in a groove formed in the left side face of the backrest portion, the left side face of the seat portion, the front face of the seat portion, the right-side face of the seat portion, and the right-side face of the backrest portion.
5. The occupant protection device according to the occupant protection device according to wherein the control device is further configured to receive a signal from a sensor configured to sense that a collision is to occur before an actual collision, and responsive to the signal indicating that the collision is to occur, control the motor to operate to drive the take-up unit.
6. The occupant protection device according to the occupant protection device according to when the take-up unit operates to take up the at least one of the one end portion and the other end portion, the restraining member leaves the housing portion through the slit and the take-up unit rolls the restraining member up toward the upper end side of the backrest portion.
7. The occupant protection device according to claim 1, wherein take-up unit is further configured to stop the motor from operating when an end portion of the occupant supporting portion reaches a predetermined height dimension.
Conclusion
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SHAMS . DHANANI
Examiner
Art Unit 3616
/PAUL N DICKSON/Supervisory Patent Examiner, Art Unit 3614