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 .
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Responsive to RCE
This Office action is responsive to the request for continued examination filed July 6, 2026.
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Information Disclosure Statement
The information disclosure statement filed July 6, 2026 has been considered.
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Claim Status
Claims 1-20 are canceled.
Claims 21-37 are pending.
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Claim Rejections - 35 U.S.C. 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 25-27, 30-32, and 34 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 25
Claim 25 recites "a sensor configured to generate a signal indicating of a position of the traction engine relative to the traction surface." The phrase "indicating of a position" renders the scope of the claim unclear because it is not clear whether the signal indicates a position, is indicative of a position, or has some other relationship to the position of the traction engine relative to the traction surface.
Claim 25 further recites "a controller operatively connected to the traction engine and to the sensors." The claim previously introduces "a sensor" in singular form, but later refers to "the sensors" in plural form. The plural recitation lacks proper antecedent basis and creates uncertainty as to whether one sensor or multiple sensors are required.
Claim 25 also recites determining that "the position between the traction engine and the traction surface is offset from a desired position" and then recites causing control action until "the distance between the traction engine and the traction surface is within the desired range." The phrase "the desired range" lacks antecedent basis because the claim previously recites a "desired position," not a desired range. It is unclear whether the desired range is intended to refer to the desired position, a range around the desired position, or a separate range not previously introduced.
Claim 25 further recites instructions executable by the processing unit to receive the signal, determine that the position is offset, "and one or more of: cause the suspension actuator..." and "cause a variation in a power...." The phrase "and one or more of" is not grammatically parallel with the preceding list of executable instructions and does not clearly identify the act performed by the instructions. As drafted, it is unclear whether the instructions are required to perform one or more control actions, select one or more control actions, or merely include one or more of the listed statements.
Suggested Correction
Amend "a signal indicating of a position" to "a signal indicative of a position" or "a signal indicating a position." Amend "the sensors" to "the sensor" if only the previously recited sensor is intended. Amend "the desired range" to introduce the desired range before relying on it, or otherwise clarify whether the desired range is a range around the desired position. Amend the final instruction clause to recite that the instructions are executable to "perform one or more of" the listed control actions, or otherwise clarify the intended command structure.
Claims 26-27
Claims 26 and 27 depend directly or indirectly from claim 25 and are indefinite for at least the reasons stated above with respect to claim 25.
Claim 26 also recites that the computer-readable medium has "instructions executable by the processing unit to:" and then recites "obtain data about the traction surface; and causing the variation..." and "causing the suspension actuator...." The participial phrases "causing the variation" and "causing the suspension actuator" are not parallel with the preceding infinitive structure introduced by "instructions executable ... to." As drafted, it is unclear whether the instructions are required to cause the recited actions, whether the "causing" language merely states a result, or how the alternatives are grammatically connected to the instruction set.
Suggested Correction
Amend the relevant clauses of claim 26 to recite instructions executable by the processing unit to "cause the variation in the power provided to the traction engine..." and to "cause the suspension actuator to displace the traction engine...."
Claim 30
Claim 30 recites "The system of clam 29." The term "clam 29" does not provide clear antecedent basis for the claimed system. It is unclear whether claim 30 depends from claim 29 or from another claim.
Suggested Correction
Amend "clam 29" to "claim 29."
Claims 31-32
Claims 31 and 32 depend from claim 30 and are indefinite for at least the reasons stated above with respect to claim 30.
Claim 34
Claim 34 recites that the computer-readable medium has instructions "to perform the data reconciliations step." Claim 33, from which claim 34 depends, recites "a data reconciliation step" in singular form. The plural phrase "the data reconciliations step" lacks proper antecedent basis and creates uncertainty as to whether claim 34 refers back to the singular data reconciliation step of claim 33 or to some additional reconciliation steps not previously introduced.
Suggested Correction
Amend "the data reconciliations step" to "the data reconciliation step."
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Allowable Subject Matter
Claims 21-24, 28, 29, 33, and 35-37 are allowed.
Claims 25-27, 30-32, and 34 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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Claim Disposition
Rejected Claims:
Claims 25-27, 30-32, and 34 are rejected under 35 U.S.C. 112(b).
Allowed Claims:
Claims 21-24, 28, 29, 33, and 35-37 are allowed.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON C SMITH whose telephone number is (703)756-4641. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Morano can be reached at (571) 272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jason C Smith/ Primary Examiner, Art Unit 3615
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