Appeal No. 2003-0749 Page 7
Application No. 09/332,070
rheological fluid’s high viscosity to provide a fail-safe method for affixing a seatbelt
mechanism (column 3, lines 36-50).
Even assuming that it would have been obvious to use magneto-rheological fluid
in place of the electro-rheological fluid in Blake’s apparatus to take advantage of the
qualities of magneto-rheological fluid, as determined by the examiner on page 5 of the
answer, none of the references teaches or suggests a controller electrically connected
to the damper for increasing the viscosity of the fluid based on predetermined factors,
wherein the increased viscosity permits some unwinding of the seat belt during an
impact, as called for in claim 1.
For the foregoing reasons, we cannot sustain the examiner’s rejection of
independent claims 1, 13 and 20, or, it follows, of dependent claims 2-4, 6-9, 11 and
14-19, as being unpatentable over Blake in view of Carlson and Karlow.
Bauer discloses an apparatus for pretensioning seat belt webbing using a pair of
pyrotechnic charges. Based on inputs from occupant weight sensors, occupant height
sensors and occupant position sensors, a controller determines whether to actuate only
one or both of the pyrotechnic charges. If only one of the pyrotechnic charges is
actuated, one level of resistance to seat belt unwinding is provided; if both charges are
actuated, a higher level of resistance is provided. The objective of Bauer’s system is to
remove any slack in the seat belt webbing rather than to pull the occupant against the
seat back (column 5, lines 63-65).
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