Ex Parte Oestreicher et al - Page 15




              Appeal No. 2006-0022                                                                    Παγε 15                 
              Application No. 09/810,943                                                                                      



              vehicle seat track member such that the deflectable portion is positioned between the                           
              mounting and support portions.  We do not agree.  Clearly, when Research Disclosure                             
              is modified in the manner set forth above with respect to claim 36, each of the sensors                         
              would include a support portion mounted to a vehicle seat track member such that the                            
              deflectable portion is positioned between the mounting and support portions.                                    


                      For the reasons set forth above, the decision of the examiner to reject claim 45                        
              under 35 U.S.C. § 103 is affirmed.                                                                              


              Claims 48 and 51                                                                                                
                      We sustain the rejection of claims 48 and 51 under 35 U.S.C. § 103.                                     


                      Appellants argue (brief, pp. 18-19; reply brief, p. 6) that the applied prior art does                  
              not teach or suggest that the safety restraint device is not deployed if seat occupant                          
              weight is below a predetermined weight.  We do not agree.  Research Disclosure                                  
              teaches that the weight information can be used to switch airbags completely off for                            
              empty seats or occupants where deployment of the airbag would be inappropriate (e.g.,                           
              a rear facing infant seat).   In addition, Gagnon teaches that if a seat is unoccupied or is                    
              occupied by a person of a particular size, it may not be necessary to activate a safety                         
              device associated with that seat and that in the case of an infant, the combined weight                         







Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next 

Last modified: November 3, 2007