Ex Parte Breed et al - Page 2




          Appeal No. 2004-1433                                                        
          Application No. 09/639,303                                                  


               Appellants' invention relates to a method for controlling an           
          airbag in a vehicle based on an expected, future position of an             
          occupant, which, in turn, is determined based on the current                
          position and current velocity of the occupant.  Thus, deployment            
          of the airbag may be suppressed if the expected position of the             
          occupant at the time of deployment is not within a predetermined            
          threshold distance from the airbag.  Claim 1 is illustrative of             
          the claimed invention, and it reads as follows:                             
               1.   A method for controlling a vehicular component based on           
          the position and velocity of an occupant, comprising the steps              
          of:                                                                         
               determining the current position of the occupant,                      
               determining the current velocity of the occupant,                      
               determining an expected, future position of the occupant               
          based on the current position and current velocity of the                   
          occupant, and                                                               
               controlling the component in consideration of the expected             
          position of the occupant.                                                   
               No prior art references of record are relied upon by the               
          examiner in rejecting the appealed claims.                                  
               Claims 1, 3, 4, 28, 30, and 31 stand rejected under                    
          35 U.S.C. § 112, first paragraph, as "containing subject matter             
          which was not described in the specification in such a way as to            
          reasonably convey to one skilled in the art that the inventor(s),           




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