Prosecution Insights
Last updated: May 29, 2026
Application No. 17/374,867

ACTIVE VALVE CUSTOMIZABLE TUNE APPLICATION

Final Rejection §103
Filed
Jul 13, 2021
Priority
Jul 15, 2020 — provisional 63/052,291 +1 more
Examiner
NGUYEN, KENNY
Art Unit
2171
Tech Center
2100 — Computer Architecture & Software
Assignee
Fox Factory Inc.
OA Round
9 (Final)
50%
Grant Probability
Moderate
10-11
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allowance Rate
90 granted / 180 resolved
-5.0% vs TC avg
Strong +45% interview lift
Without
With
+45.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
24 currently pending
Career history
211
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
84.6%
+44.6% vs TC avg
§102
9.5%
-30.5% vs TC avg
§112
2.5%
-37.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 180 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is made final. Claims 1-7, 9-17, 19, and 20 are pending in the case. Claims 1 and 11 are independent claims. Claims 8 and 18 have been canceled. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-5, 7, 9, 11-15, 17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ericksen et al. (US 2018/0339566 A1), in view of Aikin (US 2018/0079272 A1), in view of Paiva et al. (US 2020/0055363 A1). Regarding claim 1, Ericksen teaches a computing system (system 300 of FIG. 3 and [0128-0132]) comprising: a memory (memory including at least one of computer usable volatile memory 308 and non-volatile memory 310 of FIG. 3 and [0128-0132]); a display (display device 318 of FIG. 3 and [0130-0131]; An example of a display device is interactive touch screen of FIG. 17B, [0424], and [0426]); and at least one processor (at least one processor 306A-C of FIG. 3 and [0128-0132]), said at least one processor configured to: initiate an active valve tune application (“application 324” of FIG. 3 and [0132]; FIG. 17B, [0424], and [0426]: active valve tune application is initiated; FIG. 4A, [0064], [0071], [0086], [0103], [0133], and [0139]: the electronic valve 460 corresponds to the active valve. As stated in [0139], “the activation signal sender 450 sends an activation signal to the power source 458 to deliver a current to the electronic valve 460, and more particularly, a valve (e.g., of the variable pressure valve 464)”. Note that [0139] includes a “variable pressure valve 464” but is a typographical error and should be labelled “variable pressure valve 462” as seen in FIG. 4B); receive a suspension tune for a vehicle, said suspension tune comprising a number of performance range adjustable settings (FIGS. 4A and 6, end of [0064], [0141-0147], [0152], [0193], and [0280-0282]: a suspension tune, including damper control settings, are received for a vehicle. The suspension tune comprises a number of performance range adjustable settings, including compression and rebound settings); present said suspension tune within said active valve tune application on said display (FIG. 17B, [0424], and [0426]: suspension tune is presented within said active valve tune application on the display); receive input to modify, at said active valve tune application, one or more of said number of performance range adjustable settings (FIGS. 4A and 6 and [0141-0147] and FIG. 17B, [0424], and [0426]: for example, the user selects “firm” 1728 modifying one or more of said number of performance range adjustable settings, including compression and rebounds settings); and generate a modified suspension tune based on said modification input (FIGS. 4A and 6 and [0141-0147] and FIG. 17B, [0424], and [0426]: for example, the user selects “firm” 1728 which generates a modified suspension tune based on said modification tune. As seen in the figure, selection of a mode globally changes compression and rebounds settings). Ericksen does not explicitly teach said suspension tune created using power spectral density information previously obtained and stored in a database, said power spectral density information obtained from a database containing power spectral density information from various rides on different terrains, said power spectral density information from said various rides on said different terrains added to said memory. Aikin teaches said suspension tune created using information from said various rides on said different terrains added to said memory (FIG. 1 and [0030-0036], FIG. 4 and [0046-0053]: road profiles/power spectral density information are stored in a database/profile database 454. Road profiles are used by the control system 112 to adjust control elements, such as suspension actuators 130A-B. The road profiles are from various rides on different terrains, such as a terrain with a certain road hazard, like a pothole, or road configuration, like a turn, present in traversed road segments. Such road profiles are added to memory, as supported in [0039], [0047], and [0058]; See FIG. 2 and [0037-0039] and FIG. 3 and [0040-0043] for specific examples of creating suspension tunes based on road profiles). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the suspension tune of Ericksen by incorporating the teachings of Aikin and have said suspension tune created using some information previously obtained and stored in a database, said some information obtained from a database containing some information from various rides on different terrains, said some information from said various rides on said different terrains added to said memory. Doing so would adjust the suspension tune to better handle specific terrains according to some information. In addition to helping maintain the care and longevity of the vehicle, creating the suspension tune using said information would also improve the safety of driver, passengers, and overall vehicle operation by preventing less optimal suspension tune when traversing a particular terrain. Although Aikin teaches the information being related to detection of road conditions such as bumps or occlusions ([0030], [0032], [0056]), Ericksen in view of Aikin does not explicitly teach the information being power spectral density information. Paiva teaches said suspension tune created using power spectral density information ([0019]: “For example, the data analyzer 204 can determine the roughness of the terrain on which the vehicle 102 is driving. The power spectral density calculation used by the data analyzer 204 can thus be used to finetune adjustments to the front and/or rear suspensions of the vehicle 102”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the information of Ericksen in view of Aikin by incorporating the teachings of Paiva and have the information be power spectral density information. Doing so would offer consistent, quantifiable data to be used as information for more precise suspension tuning that can better handle specific terrains. Because the power spectral density calculation is quantifiable, road conditions can be measured in a more standardized process for more predictable and reliable suspension tuning. Regarding claim 2, Ericksen in view of Aikin in view of Paiva teaches the computing system of Claim 1. Ericksen further teaches wherein said at least one processor is further configured to: receive said suspension tune for said vehicle from a tune database (FIG. 4A, [0141-0147], and [0152]: suspension tune received from a tune database 416; For supplementary details regarding suspension tune, see FIGS. 4A and 6, end of [0064], [0141-0147], [0152], [0193], and [0280-0282]). Regarding claim 3, Ericksen in view of Aikin in view of Paiva teaches the computing system of Claim 1. Ericksen further teaches the computing system further comprising: a communication system to communicatively couple said computing system with a suspension controller for said vehicle (FIG. 4A [0071], [0137], [0139], and [0356]: a communication system/control system 404 communicatively couples said computing system, with a suspension controller/power source 458). Regarding claim 4, Ericksen in view of Aikin in view of Paiva teaches the computing system of Claim 3. Ericksen further teaches wherein said at least one processor is further configured to: receive said suspension tune for said vehicle from said suspension controller (FIG. 4A, [0071], [0137], and [0139]: suspension tune, via a control signal, is received from power source 458; For supplementary details regarding suspension tune, see FIGS. 4A and 6, end of [0064], [0141-0147], [0152], [0193], and [0280-0282]). Regarding claim 5, Ericksen in view of Aikin in view of Paiva teaches the computing system of Claim 3. Ericksen further teaches wherein said at least one processor is further configured to: transmit said modified suspension tune from said computing system to said suspension controller (FIG. 12A and [0356], FIG. 4A [0071], [0139]: modified suspension tune is transmitted from said computing system, specifically activation signal sender 450 of said computing system, to said suspension controller/power source 458). Regarding claim 7, Ericksen in view of Aikin in view of Paiva teaches the computing system of Claim 1. Ericksen further teaches wherein said at least one processor is further configured to: determine that a suspension component manufacturer has initiated said active valve tune application (“application 324” of FIG. 3 and [0132]; FIG. 17B, [0424], and [0426]: active valve tune application is initiated; FIG. 4A, [0064], [0071], [0086], [0103], [0133], and [0139]: the electronic valve 460 corresponds to the active valve. As stated in [0139], “the activation signal sender 450 sends an activation signal to the power source 458 to deliver a current to the electronic valve 460, and more particularly, a valve (e.g., of the variable pressure valve 464)”. Note that [0139] includes a “variable pressure valve 464” but is a typographical error and should be labelled “variable pressure valve 462” as seen in FIG. 4B; [0143]: “The firmness of the rebound and/or compression is adjustable through system settings. In one embodiment, the adjustable system settings are factory set and are finite in number.” This indicates that the suspension component manufacturer set the adjustable system settings for firmness of the rebound and compression via initiation of the application; [0282]: “It should be appreciated that the control system 404 is preprogrammed to select a particular control mode implementation option. These implementation decisions may be factory settings or individually customized by the rider/user”); present said suspension tune with any of said number of performance range adjustable settings on said display (FIG. 17B, [0424], and [0426]: suspension tune is presented within said active valve tune application on the display); receive said input to modify any of said number of performance range adjustable settings (FIGS. 4A and 6 and [0141-0147] and FIG. 17B, [0424], and [0426]: for example, the user selects “firm” 1728 modifying one or more of said number of performance range adjustable settings, including compression and rebounds settings); and generate said modified suspension tune based on said modification input (FIGS. 4A and 6 and [0141-0147] and FIG. 17B, [0424], and [0426]: for example, the user selects “firm” 1728 which generates a modified suspension tune based on said modification tune. As seen in the figure, selection of a mode globally changes compression and rebounds settings). Regarding claim 9 Ericksen in view of Aikin in view of Paiva teaches the computing system of Claim 1. Ericksen further teaches wherein said at least one processor is further configured to: determine that an operator of said vehicle has initiated said active valve tune application (“application 324” of FIG. 3 and [0132]; FIG. 17B, [0424], and [0426]: active valve tune application is initiated by an operator of said vehicle; FIG. 4A, [0064], [0071], [0086], [0103], [0133], and [0139]: the electronic valve 460 corresponds to the active valve. As stated in [0139], “the activation signal sender 450 sends an activation signal to the power source 458 to deliver a current to the electronic valve 460, and more particularly, a valve (e.g., of the variable pressure valve 464)”. Note that [0139] includes a “variable pressure valve 464” but is a typographical error and should be labelled “variable pressure valve 462” as seen in FIG. 4B; [0282]: “It should be appreciated that the control system 404 is preprogrammed to select a particular control mode implementation option. These implementation decisions may be factory settings or individually customized by the rider/user. Additionally, it should also be appreciated that in one embodiment, the rider may override the control system 404's selection.”; [0321]); present said suspension tune with a limited amount of said number of performance range adjustable settings on said display (FIG. 17B, [0424], and [0426]: suspension tune is presented within said active valve tune application on the display); receive input to modify only one or more of said limited amount of said number of performance range adjustable settings (FIGS. 4A and 6 and [0141-0147] and FIG. 17B, [0424], and [0426]: for example, the user selects “firm” 1728 modifying one or more of said number of performance range adjustable settings, including compression and rebounds settings); and generate said modified suspension tune based on said modification input (FIGS. 4A and 6 and [0141-0147] and FIG. 17B, [0424], and [0426]: for example, the user selects “firm” 1728 which generates a modified suspension tune based on said modification tune. As seen in the figure, selection of a mode globally changes compression and rebounds settings). Claims 11-15, 17, and 19 recite a method with corresponding limitations to the system of claims 1-5, 7, and 9, respectively, and are therefore rejected on the same premises. Claims 6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ericksen et al. (US 2018/0339566 A1), in view of Aikin (US 2018/0079272 A1), in view of Paiva et al. (US 2020/0055363 A1), and in view of Raad et al. (US 5632503 A). Regarding claim 6, Ericksen in view of Aikin in view of Paiva teaches the computing system of Claim 1. Ericksen in view of Aikin in view of Paiva does not explicitly teach wherein said at least one processor is further configured to: prevent an acceptance of said received input when said received input is an invalid value. Raad teaches prevent an acceptance of said received input when said received input is an invalid value (Col. 4, lines 15-67: received input is prevented from acceptance when received input is an invalid value. For example, FIRM damping mode is invalid and thus prevented from driver selection during LOW steering efforts mode). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processor of Ericksen in view of Aikin in view of Paiva by incorporating the teachings of Raad and have the processor prevent an acceptance of said received input when said received input is an invalid value. Doing so would prevent damage to the vehicle as an invalid value indicates non-optimal and unacceptable operating conditions. Accordingly, such prevention would lengthen the longevity of the vehicle. Claim 16 recites a method with corresponding limitations to the computing system of claim 6 and is therefore rejected on the same premise. Claims 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ericksen et al. (US 2018/0339566 A1), in view of Aikin (US 2018/0079272 A1), in view of Paiva et al. (US 2020/0055363 A1), in view of Dixon et al. (US 6260859 B1). Regarding claim 10, Ericksen in view of Aikin in view of Paiva teaches the computing system of Claim 1. Ericksen further teaches wherein said at least one processor is further configured to: store said suspension tune in a suspension tune database (FIG. 4A, [0141-0147], and [0152]: suspension tune stored in a tune database 416; For supplementary details regarding suspension tune, see FIGS. 4A and 6, end of [0064], [0141-0147], [0152], [0193], and [0280-0282]). Ericksen in view of Aikin in view of Paiva does not explicitly teach store a history of every said received input to modify said one or more of said number of performance range adjustable settings for said suspension tune; and store said modified suspension tune in said suspension tune database, said modified suspension tune associated with said suspension tune. Dixon teaches store a history of every said received input to modify said one or more of said number of performance range adjustable settings for said suspension tune (FIG. 4 and Col. 3, line 36 to Col. 4, line 18: history of received input to modify number of performance range adjustable settings for suspension tune is stored in memory via suspension controller 12; For additional details regarding the different suspension modes, see at least Col. 4, line 18 to Col. 5, line 67); and store said modified suspension tune in said suspension tune database, said modified suspension tune associated with said suspension tune (FIG. 4 and Col. 4, lines 7-18: the modified suspension tune is stored in the database/suspension controller memory). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processor of Ericksen in view of Aikin in view of Paiva by incorporating the teachings of Dixon and have the processor store a history of every said received input to modify said one or more of said number of performance range adjustable settings for said suspension tune; and store said modified suspension tune in said suspension tune database, said modified suspension tune associated with said suspension tune. Doing so would improve efficiency as the user does not have to manually adjust or select options to arrive at the last modified suspension tune in a future use. Instead, the history of the received input is stored and the most recent selection, and likely most applicable setting, is automatically continued upon power-up. Claim 20 recites a method with corresponding limitations to the computing system of claim 10 and is therefore rejected on the same premise. Response to Arguments Applicant's arguments filed 02/10/2026 have been fully considered but they are not persuasive. In Remarks, Applicant argues: Regarding independent claim 1, “Aikin explicitly teaches using the SAME SURFACE and, in fact, Aikin teaches away from ‘said power spectral density information obtained from a database containing power spectral density information from various rides on different terrains’” (p. 12 of Remarks). Paiva also fails to teach this limitation (p. 12 of Remarks). The Examiner respectfully disagrees. Regarding point (a), Applicant cites to paragraph [0033] of Aikin, asserting how Aikin purportedly “teaches away” from the argued limitation. However, the citation by Applicant was provided without context nor proper consideration to the rest of the mapping for the limitation. Surface 140 is illustrated in FIG. 1 of Aikin and, for convenience, is reproduced below: PNG media_image1.png 551 820 media_image1.png Greyscale Paragraph [0033] explains how a road profile is optimized via iterations of a traveling over a “particular location” on a surface. That is, the “surface 140 at the particular location” to which Aikin refers in paragraph [0033] represents a terrain at that particular location or portion of the road, not a terrain for the entire road. Notably, Aikin discloses in paragraph [0030]: In other embodiments, the road profile may indicate a road type at the particular location. The control system 112 may adjust the control elements based on the road type. For example, the road profile may indicate that the road type of the surface 140 at the particular location as being a part of a highway. Based on the road type being a highway, the control system 112 may cause the control elements to lower a ride height of the vehicle 100 to improve aerodynamics. In some embodiments, the road profile may indicate that there are frequent bumps or occlusions in the surface 140. The control system 112 may increase the ride height of the vehicle 100 to prevent the unsprung mass 120 from colliding with the sprung mass 110 (e.g., a “bottom-out”). Note that Aikin describes a road profile indicating a road type for a particular location on surface 140. As such, different locations on surface 140 are indicated by different road types, or terrains. Aikin further details in paragraph [0032]: The force profile may correspond to particular force adjustments to the suspension actuators 130A-B required for a smooth ride over a particular road segment identified in the road profile. The force profile may be adjusted over time to minimize the frequency response from the surface 140, such as from bumps or other road hazards. Additionally or alternatively to the road types previously discussed, Aikin reads on the claimed “different terrains” by the locations of surface 140 having bumps or other road hazards. Moreover, Aikin teaches multiple road profiles for different terrains at different locations of the surface 140. As Aikin details in [0049] (emphases underlined): The profile library 450 may be configured to further refine the road profile at the profile database 454. Any vehicles that obtain the road profile from the profile library 450 may have additional data captured by other vehicles. For example, the vehicle 402 may acquire or download the road profile from the profile library 450 that includes aggregated road profiles from a plurality of other vehicles. In a particular embodiment, the road profile sent to the vehicle 402 may include additional information about a particular road segment that the vehicle 402 may have not been located at previously. However, a different vehicle may have traversed or driven over the road segment and generated a road profile corresponding to the road segment. The other vehicle may be configured to send the road profile corresponding to the road segment to the profile library 450 prior to the vehicle 402 arriving at the road segment. Thus, the vehicle 402 may preemptively anticipate road hazards without directly acquiring information regarding the particular road prior to driving over the particular road segment. As evidenced, Aikin discloses that various road profiles offer different information due to the different road segments, or locations of surface 140, a vehicle has traversed during prior rides. For example, one road profile for a certain location may indicate a certain road hazard, or terrain, while another road profile for a different location may indicate another road hazard, or terrain. In summary, Aikin’s “surface 140” symbolizes an overarching element with which the vehicle comes into contact but “surface 140” does not equate to a singular terrain as Applicant incorrectly suggests. Indeed, the citation which Applicant provides refers to “surface 140 at the particular location”, suggesting that different locations at the surface 140, due to their different terrains, produce different calculations. Therefore, Applicant’s arguments are deemed unpersuasive. Independent claim 1, and similarly independent claim 11, are properly rejected under 35 U.S.C. 103 as being unpatentable over Ericksen et al. (US 2018/0339566 A1), in view of Aikin (US 2018/0079272 A1), in view of Paiva et al. (US 2020/0055363 A1). The dependent claims accordingly remain rejected. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, including: US 8996249 B2: controlling active suspension based on vehicle interaction with abnormal road features US 2013/0103259 A1: vehicle suspension system anticipating road conditions THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNY NGUYEN whose telephone number is (571)272-4980. The examiner can normally be reached M-Th 7AM to 5PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KIEU D VU can be reached at (571)272-4057. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KENNY NGUYEN/Primary Examiner, Art Unit 2171
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Prosecution Timeline

Show 13 earlier events
Aug 13, 2025
Non-Final Rejection mailed — §103
Aug 26, 2025
Response Filed
Sep 24, 2025
Final Rejection mailed — §103
Oct 14, 2025
Request for Continued Examination
Oct 17, 2025
Response after Non-Final Action
Nov 19, 2025
Non-Final Rejection mailed — §103
Feb 10, 2026
Response Filed
Mar 30, 2026
Final Rejection mailed — §103 (current)

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