`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/838,260
`
`12/11/2017
`
`Seok Min Lee
`
`P7749USOO
`
`5379
`
`H.C. PARK & ASSOCIATES, PLC
`1894 PRESTON WHITE DRIVE
`RESTON, VA 20191
`
`GOODEN JR~ BARRY J
`
`ART UNIT
`
`3616
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/ 1 1/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`PATENT @ PARK-LAW. COM
`
`PTOL-90A (Rev. 04/07)
`
`
`
`0/7709 A0170” Summary
`
`Application No.
`15/838,260
`Examiner
`BARRY J GOODEN JR
`
`Applicant(s)
`Lee et al.
`Art Unit
`3616
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 11 December 2017.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
`
`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—12 is/are pending in the application.
`
`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
`
`E] Claim(s)
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`is/are allowed.
`
`Claim(s) 1—5 and 11—12 is/are rejected.
`
`Claim(s) fl is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.'sp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10):] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 11 December 2017 is/are: a). accepted or b)C] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)|:] Some**
`
`C)C] None of the:
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`1.. Certified copies of the priority documents have been received.
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`21:] Certified copies of the priority documents have been received in Application No.
`
`3D Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail DateW.
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190708
`
`
`
`Application/Control Number: 15/838,260
`Art Unit: 3616
`
`Page 2
`
`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
`
`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 § 102
`
`2.
`
`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
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`3.
`
`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 othenNise available to the public before the effective filing date of the claimed
`invention.
`
`4.
`
`Claim(s) 1-5 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by Mumura et al. (US Patent 6,189,960).
`
`In regards to claims 1-5 and 11, Mumura et al. discloses the claimed limitations
`
`including a roof airbag apparatus comprising:
`
`a roof airbag cushion (30) connected to an inflator, the roof airbag cushion
`
`configured to be disposed in a first folded state in a panorama roof (Examiner notes that
`
`the “configured to be disposed...in a panorama roof is an intended use limitation that
`
`does not require the specifics of the panorama roof), and to be inflated in a second
`
`
`
`Application/Control Number: 15/838,260
`Art Unit: 3616
`
`Page 3
`
`expanded state and deployed as gas is supplied from the inflator (Reference is made to
`
`Figures 1-5); and
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`a constraint (30A and/or straight section of 22) connected to the roof airbag
`
`cushion configured to pull downward (Examiner notes that the structure meets the
`
`configured to limitation as it is capable of performing the recited function) a distal end
`
`portion of the roof airbag cushion as it is being inflated to prevent reverse deployment of
`
`the roof airbag cushion (Reference is made to Figures 1-5);
`
`wherein the constraint (straight section of 22) is configured to be separated by
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`expansion pressure of the roof airbag cushion as the roof airbag cushion is inflated and
`
`deployed into its second expanded state (Examiner note that in the fully expanded state
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`the airbag engaging portion no longer slides on 22, but engages engaging portions
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`22A).
`
`wherein the constraint comprises: a first part (straight section of 22) fastened to
`
`the panorama roof; and
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`a second part (30A) connected to the roof airbag cushion, the second part being
`
`initially joined with the first part by a connector (opening in 30A), and configured to be
`
`separated from the first part by the expansion pressure of the roof airbag cushion
`
`(Examiner note that in the fully expanded state the airbag engaging portion no longer
`
`slides on 22, but engages engaging portions 22A);
`
`wherein the second part is connected to the distal end portion of the roof airbag
`
`cushion (Reference is made to Figures 1-5);
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`wherein the roof airbag cushion comprises:
`
`
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`Application/Control Number: 15/838,260
`Art Unit: 3616
`
`Page 4
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`a leading part (40A) configured to be inflated and deployed by the gas supplied
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`from the inflator; and
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`a trailing part (408 or 400) connected with the leading part, and configured to be
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`inflated and deployed a predetermined time interval after the leading part is deployed;
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`wherein the constraint (30A) comprises a reverse deployment prevention tether.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`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.
`
`6.
`
`Claim 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over
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`Mumura et al. in view of Noguchi et al. (US Publication 2005/0046159).
`
`In regards to claim 12, Mumura et al. discloses the claimed limitations excluding
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`a stitched portion.
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`Noguchi et al. discloses a hole (1 h) in an airbag securing region and that it is
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`known to reinforce the periphery of the hole with a reinforcement patch cloth or by
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`reinforcing stitches.
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`It would have been obvious to one having ordinary skill in the art before the
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`effective filing date to modify the hole in engaging portion 30A of Mumura et al. in view
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`of the teachings of Noguchi et al. to include a reinforcing stitch around the hole so as to
`
`provide a secure means of connection and precluding damage to the airbag which
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`would prevent proper deployment.
`
`
`
`Application/Control Number: 15/838,260
`Art Unit: 3616
`
`Page 5
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`Allowable Subject Matter
`
`7.
`
`Claims 6-10 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
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`base claim and any intervening claims.
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`Conclusion
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`8.
`
`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure.
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`9.
`
`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to BARRY J GOODEN JR whose telephone number is
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`(571)272—5135. The examiner can normally be reached on Monday - Friday 9-5.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`(AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Paul Dickson can be reached on 571-272—7742. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`

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