UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/838,330
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`12/11/2017
`
`Seok Min Lee
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`P7748USOO
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`8732
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`H.C. PARK & ASSOCIATES, PLC
`1894 PRESTON WHITE DRIVE
`RESTON, VA 20191
`
`ILAN~ RUTH
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`PAPER NUMBER
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`ART UNIT
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`3616
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`NOTIFICATION DATE
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`DELIVERY MODE
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`08/16/2019
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`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
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`PTOL-90A (Rev. 04/07)
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`

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`0/7709 A0170” Summary
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`Application No.
`15/838,330
`Examiner
`RUTH ILAN
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`Applicant(s)
`Lee et al.
`Art Unit
`3616
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`AIA (FITF) Status
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`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).
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`Status
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`1). Responsive to communication(s) filed on 12/11/2017.
`[: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.
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`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.
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`Disposition of Claims*
`5)
`Claim(s)
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`1—14is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10)[:] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 12/11/2017 is/are: a). accepted or b)[:] objected to by the Examiner.
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`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).
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`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:
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`a). All
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`b)D Some**
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`C)D None of the:
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`1.. Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`3:] 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)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mai| Date 5/23/2019, 12/11/2017_
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190813
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`

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`Application/Control Number: 15/838,330
`Art Unit: 3616
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`Page 2
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`Claim Objections
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`2.
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`Claims 6 and 9 are objected to because of the following informalities: In claim 6, lines 7
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`and 9, in the last word of each of these lines, ”potion" should be ”portion". Regarding claim 9,
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`in line 2, ”in the in the" should be ”in the". Appropriate correction is required.
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`Claim Rejections - 35 USC § 112
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`3.
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`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.
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`The following is a quotation of 35 U.S.C.112(pre—A|A), 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.
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`4.
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`Claims 2—14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C.112(pre—A|A), second
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`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
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`matter which the inventor or a joint inventor, or for pre—AIA the applicant regards as the
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`invention. Regarding claim 2, line 2 recites ”a partition wall part disposed on a rear side of the
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`vehicle". This limitation is confusing because the partition wall part of the diffuser is 151 and it
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`is not disposed on a rear side ofthe vehicle. It is disposed on a rear side of the diffuser with
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`respect to the vehicle. Further regarding claim 2, ”both sides of the partition wall part" lacks
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`antecedent basis both in the claim and in the specification. Regarding claim 4, the limitation
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`”the gas discharge part is formed to extend in a direction inclined toward the rear side of the
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`

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`Application/Control Number: 15/838,330
`Art Unit: 3616
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`Page 3
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`vehicle with respect to the partition wall part is confusing, since all ofthe gas discharge part is
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`in front ofthe partition wall part. It appears that the applicant is intending to claim the shape of
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`the ends ofthe gas discharge part, which is described in paragraph [0031] as ”the gas discharge
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`part 153 of the diffuser is formed in an inclined shape.
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`Claim Rejections - 35 USC § 102
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`5.
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C.102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction
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`of the statutory basis for the rejection will not be considered a new ground of rejection if the
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`prior art relied upon, and the rationale supporting the rejection, would be the same under
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`either status.
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`6.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form
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`the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(a)(l) 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.
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`(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.
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`7.
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`Claim(s)1—3 and 5 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being
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`anticipated by Mumura et al. (US 6,189,960 Bl.) Mumura et al. teaches a roof airbag apparatus
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`including a roof airbag cushion (30) disposed in a folded state in a panorama roof and
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`configured to inflate and deploy as gas is supplied from an inflator (28, see Figure 2) A diffuser
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`(unnumbered T—shaped diffuser at the end of pipe 32, see Figure 5) is disposed in the roof
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`

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`Application/Control Number: 15/838,330
`Art Unit: 3616
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`Page 4
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`airbag cushion to guide deployment of the roof airbag cushion in a width direction of a vehicle
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`when the roof airbag cushion is inflated. Regarding claim 2, as best understood, the diffuser
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`includes a partition wall (rear wall ofthe top of the T shape shown toward the left side in Figure
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`5 and a gas discharge part connected with both sides of the partition wall (the rest ofthe T,
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`including symmetrical output ends shown with arrows indicating gas discharge in Figure 5.)
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`Regarding claim 3, the diffuser is formed that the partition wall part and the gas discharge
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`define a T shape. Regarding claim 5, the roof airbag cushion includes a leading deployment part
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`having the diffuser disposed therein (transverse section of 40a) and configured to inflate and
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`deploy by gas supplied from the inflator and a trailing deployment part connected with the
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`leading deployment part (40B and 40C) connected with the leading deployment and configured
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`to inflate and deploy within a time interval from the leading deployment part (see col. 5, lines
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`21—40 and col. 6, lines 10—16.)
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`Claim Rejections - 35 USC § 103
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`8.
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`This application currently names joint inventors. In considering patentability ofthe
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`claims the examiner presumes that the subject matter of the various claims was commonly
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`owned as of the effective filing date of the claimed invention(s) absent any evidence to the
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`contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and
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`effective filing dates of each claim that was not commonly owned as of the effective filing date
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`of the later invention in order for the examiner to consider the applicability of 35 U.S.C.
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`102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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`9.
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`The following is a quotation of 35 U.S.C.103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`

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`Application/Control Number: 15/838,330
`Art Unit: 3616
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`Page 5
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`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.
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`10.
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`Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Mumura et al. (US
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`6,189,960 Bl) in view of Tanase et al. (US 6,749,216 BZ.) Mumura et al. is discussed above, and
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`(based on the 112 b interpretation noted above) fails to teach that the gas discharge parts have
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`an inclined shape. Tanase et al. teaches (Figure 4) that it is known in the gas diffuser art to
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`include an inclined shape (86) for gas discharge portions of diffusers. Tanase et al. further
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`teaches that such an incline is useful in directing the gas away from areas ofthe airbag that
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`could become damaged (see col. 7, lines 5—32.) . Based on the teaching of Tanase et al., it would
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`have been obvious to one having ordinary skill in the art at the time the invention as filed to
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`include an inclined shape with the gas diffuser discharge part of Mumura et al., as taught by
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`Tanase et al., in order to protect the edge ofthe airbag close to the diffuser, and to direct the
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`flow more readily.
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`Allowable Subject Matter
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`11.
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`Claims 6—14 would be allowable if rewritten to overcome the rejection(s) under 35
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`U.S.C. 112(b) or 35 U.S.C. 112 (pre—AIA), 2nd paragraph, set forth in this Office action and to
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`include all ofthe limitations of the base claim and any intervening claims.
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`Conclusion
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`12.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure. The references noted on the attached PTO 892 teach roof airbags of interest.
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`

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`Application/Control Number: 15/838,330
`Art Unit: 3616
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`Page 6
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`13.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to RUTH ILAN whose telephone number is (571)272—6673. The
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`examiner can normally be reached on Monday—Friday, 9:00—530 Eastern.
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`Examiner interviews are available via telephone, in—person, and video conferencing
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`using a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`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 the
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`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 Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private
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`PAIR system, contact the Electronic Business Center (EBC) at 866—217—9197(toll—free). If you
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`would like assistance from a USPTO Customer Service Representative or access to the
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`automated information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
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`/RUTH ILAN/
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`Primary Examiner, Art Unit 3616
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`