Ex Parte SULLIVAN et al - Page 4




              Appeal No. 2003-0749                                                               Page 4                
              Application No. 09/332,070                                                                               


                            becomes a solid and fixes the electrode 48 against rotation                                
                            relative to the housing so that the reel shaft 26 and reel 24                              
                            are in turn locked against belt winding and unwinding                                      
                            rotation.                                                                                  
                                   When the inertia condition ceases, the voltage is                                   
                            removed, and the electro-rheological fluid 62 returns from                                 
                            the solid condition to the fluid condition permitting normal                               
                            winding and unwinding rotation.                                                            
                                   It will be understood that the programming unit 66                                  
                            may be constructed to vary the voltage applied to the                                      
                            electro-rheological fluid 62 so that the locking force applied                             
                            to the electrode is varied to obtain a desired locking                                     
                            characteristic of the retractor.                                                           
                     Blake differs from the invention recited in independent claims 1, 13 and 20 in two                
              ways.  First, Blake’s locking device uses electro-rheological fluid rather than magneto-                 
              rheological fluid as called for in appellants’ claims.  Second, Blake’s electrical controller            
              sends a signal to generate an electric field which turns the electro-rheological fluid to a              
              solid and locks the reel shaft and reel against winding and unwinding rotation; it thus                  
              does not increase the apparent viscosity of the fluid to a viscosity which permits some                  
              unwinding of the seat belt, as called for in appellants’ claims.                                         
                     The examiner does not acknowledge this second difference.  On this point, the                     
              examiner (answer, pages 5-6) states that                                                                 
                            [i]t is inherent that for any given situation, a voltage between                           
                            zero and the high voltage would produce a state in which the                               
                            ER fluid effects damping of the reel.  Furthermore, on the                                 
                            way to the high voltage and the solid state, the voltage has                               
                            gone through some intermediate voltages where the fluid                                    
                            has higher viscosity and therefore has effected damping. A                                 
                            high voltage for effecting a solid state for a seated occupant                             








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