Ex Parte Midorikawa

Patent Trial and Appeal Board

Jun 17, 2016

11665530 (P.T.A.B. Jun. 17, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
11/665,530 04/16/2007
27572 7590 06/21/2016
HARNESS, DICKEY & PIERCE, PLC
P.O. BOX 828
BLOOMFIELD HILLS, MI 48303
FIRST NAMED INVENTOR
Yukinori Midorikawa
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
8952JP-000030/US/NP 9796
EXAMINER
MANSEN, MICHAEL R
ART UNIT PAPER NUMBER
3654
NOTIFICATION DATE DELIVERY MODE
06/21/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
troymailroom@hdp.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte YUKINORI MIDORIKA WA
Appeal2014-007186
Application 11/665,530
Technology Center 3600
Before LYNNE H. BROWNE, MICHELLE R. OSINSKI, and
BRENT M. DOUGAL, Administrative Patent Judges.
DOUGAL, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
This is an appeal under 35 U.S.C. § 134 from the Final Rejection of
claims 23-27, 29, and 30 as unpatentable over Tanaka (US 2005/0082410
Al, pub. April 21, 2005) and Midorikawa (US 2004/0108697 Al, pub. June
10, 2004). 1 We have jurisdiction under 35 U.S.C. § 6(b).
We REVERSE.
1 The rejection of claims 29 and 30 under 35 U.S.C. § 112 i-f 1 is not
appealed. Appeal Br. 5.
Appeal2014-007186
Application 11/665,530
CLAIMED SUBJECT MATTER
The claims are directed to a seat belt retractor and method of
controlling a retractor. Claim 23 is illustrative and reads as follows:
23. A seat belt retractor comprising:
a spindle winding a webbing;
an electric motor which generates power for rotating the
spindle in a desired direction;
a power transmission means including a clutch that
enables transmission of the power of the electric motor to the
spindle when the electric motor generates the power for rotating
the spindle in a winding direction of the webbing, and also
disables transmission of the power of the electric motor to the
spindle when the electric motor generates a power in a direction
opposite to the power for rotating the spindle in the winding
direction;
a control means which drives and controls the electric
motor; and
a drawing direction rotation detecting means which
detects that the electric motor is rotating in a drawing direction
of the webbing by measuring an electromotive force of the
electric motor;
wherein the control means in the course of drawing the
webbing is operative to control the electric motor to rotate in
the drawing direction of the webbing to release the clutch of the
power transmission means, when driving power is not supplied
to the electric motor and the drawing direction detecting means
detects an electromotive force of the electric motor, the
electromotive force being generated by drawing of the webbing
by manual operation.
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Appeal2014-007186
Application 11/665,530
OPINION
The Examiner finds that the combined teachings of Tanaka and
Midorikawa disclose or suggest the limitations of independent claim 23.
Final Act. 3--4. In particular, the Examiner determines that it would have
been obvious:
to provide the seat belt retractor of Tanaka et al with a drawing-
direction rotation detecting means that detects that the power
generation means is rotating in the drawing direction of the
webbing by detecting an electromotive force being generated by
the power generation means and to make the control means in
Tanaka et al release the clutch in response to detection that
electrical power is not supplied to the electric motor and the
drawing direction detecting means detects an electromotive force
of the motor as taught by Midorikawa et al to prevent the motor
from interfering with belt withdrawal.
Id. at 4.
Appellant argues that:
if Tanaka is modified based on the disclosure ofiviidorikawa, the
resulting device would not render obvious independent Claims
23 and 26, as neither Tanaka nor Midorikawa disclose a control
means that in the course of drawing webbing, controls an electric
motor to rotate in a drawing direction to release a clutch when
driving power is not supplied to the electric motor and a drawing
direction detection means detects an electromotive force that is
generated by drawing of the webbing by manual operation.
Appeal Br. 13.
In support of this argument, Appellant notes that Tanaka discloses:
moving from a high reduction ratio power transmission mode
(Figure 6) to a power transmission disconnected mode (Figure 4)
to permit the seatbelt (3) to be worn and stored without any
pressure or any influence of the motor ( 6). See Tanaka at
Paragraph [0095]. In order to accomplish such movement of the
seatbelt (3), the clutch gear (31) must be in the position shown in
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Appeal2014-007186
Application 11/665,530
Figure 4. Movement of the clutch gear (31) into the position
shown in Figure 4 is only accomplished when the motor ( 6) is
first rotated in the reverse direction which, in tum, causes the
clutch gear (31) to move from the position shown in Figure 6 to
the position shown in Figure 4. See Tanaka at Paragraph [0081].
Id. at 12 (emphasis omitted). Appellant further notes that since Midorikawa
does not have a clutch "the DC motor (10) of Midorikawa must be rotated to
draw webbing of the seatbelt." Id. at 13. Based on this evidence, Appellant
explains that the combination of Tanaka and Midorikawa would result in a
system where "a motor is always energized-at least initially-to release a
clutch" and that such combination would not "release a clutch when driving
power is not supplied to the electric motor." Id.
Appellant is correct. Tanaka discloses a seatbelt retractor with a
number of different belt modes and different power transmission modes that
enable the belt modes by movement of a clutch. See Tanaka i-fi-133, 57---68,
and 86-87. The belt modes are 1) a belt storage mode, 2) a belt extracting
mode, 3) a fitting belt retracting mode, 4) a normal wearing mode, 5) a
warning mode, 6) an emergency mode, and 7) a storing belt retracting mode.
See id. i1 86. The power transmission modes are 1) a low reduction ratio
power transmission mode, 2) a high reduction ratio power transmission
mode, and 3) a power transmission disconnected mode. See id. i-fi-157-58,
61, and 65.
The belt extracting mode, the normal wearing mode, and the storing
belt retracting mode "are performed without an influence of the motor" as
the seatbelt retractor is in the power transmission disconnected mode. Id.
i195. The motor is activated to perform the other belt modes which requires
movement to the low or high reduction ratio power transmission mode. See
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Appeal2014-007186
Application 11/665,530
id. i-fi-1 70-85 (discussing how rotation of the motor moves the seatbelt
retractor (including the clutch) between the different power transmission
modes). See also Appeal Br. 12.
Thus, the clutch is engaged by rotation of the powered-on motor to
move the seatbelt retractor from the power transmission disconnected mode
to the low or high reduction ratio power transmission mode before returning
to the power transmission disconnected mode. Modification of Tanaka in
the manner proposed would result in a system wherein the motor is always
energized. Accordingly, Appellant's argument is persuasive.
For this reason, we do not sustain the Examiner's rejection of
independent claim 23, and claims 24, 25, and 29, which depend therefrom.
In addition, for this same reason we do not sustain the Examiner's rejection
of independent claim 26, which recites:
judging whether a connection between the spindle and the
electric motor by the clutch of the power transmission means is
released when the spindle rotates in a drawing direction of the
webbing by detecting an electromotive force of the electric
motor generated by drawing of the webbing by manual
operation; and
controlling to drive the electric motor to rotate in the drawing
direction of the webbing to release the clutch of the power
transmission means when the connection by the clutch of the
power transmission means is not released in the course of
drawing the webbing,
and claims 27 and 30, which depend therefrom.
5
Appeal2014-007186
Application 11/665,530
DECISION
The Examiner's rejection of claims 23-27, 29, and 30 under 35 U.S.C.
103(a) as unpatentable over Tanaka and Midorikawa is REVERSED.
REVERSED
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