PTAB partially reversed in AUTOLIV case

As to PTAB error:


Further, Ms. Balavich agreed with Autoliv’s interpretation
of Paragraph 71, and no evidence suggests an
alternative reading of the passage. Because Tajima’s
fixed vents do not “provide consistent venting” that is “not
restricted by an occupant’s position,” the Board erred in
finding that Tajima discloses the claimed “fixed vents”
limitation.

(...)

We disagree, however, with the Board’s conclusion
that Tajima discloses the claimed diffuser. Tajima’s
diffuser redirects “the gas flow to the left and right sides
of the airbag.” J.A. 35. The side vents, however, are
“separated from the vicinity of [the diffuser] in order to
prevent the destruction thereof after the complete expansion
of the airbag. . . .” J.A. 670 at [0071]. This suggests
that Tajima’s diffuser does not direct gas to rapidly exit
the side vents, as required by the ’653 patent. Rather,
Tajima focuses on redistributing gas to ensure smooth
deployment of the airbag. J.A. 667 at [0035]; J.A. 669 at
[0070]. Thus, the record does not contain substantial
evidence showing that Tajima’s diffuser redirects gas to
rapidly exit the side vents, or that a person of ordinary
skill in the art would have altered Tajima’s diffuser to
obtain this claimed result. Therefore, the Board erred in
finding the “diffuser” limitation obvious.