DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/29/2026 has been entered.
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, 3, 5-9, 11-14, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Parker et al. US 4775025 A in view of Cortanze US 4265329 A and Yleva US 20150091269 A1.
Regarding independent claim 1, Parker et al. discloses [a vehicle comprising: a frame 28;] (Fig. 1, Col. 6, lines 35-44) [a motor 10 mounted to the frame;] (Fig. 1, Col. 6, lines 35-44) [a rear suspension assembly operatively connected to the frame;] (Fig. 1, Col. 6, lines 35-40) [at least one rear ground engaging member 14 operatively connected to the rear suspension assembly;] (Fig.1; Col. 7, lines 33-36) [a front suspension assembly operatively connected to the frame;] (Fig. 1, Col. 6, lines 35-40) [at least one front ground engaging member 12 operatively connected to the front suspension assembly,] (Fig. 1; As shown in Fig. 1, Parker illustrates the at least one front ground engaging member 12 operatively connected to the front suspension assembly.) [the motor being operatively connected to at least one of the front and rear ground engaging members,] (Fig. 1; Col. 6, lines 35-44; As shown in Fig. 1, Parker illustrates the motor 10 being connected to frame 28. The frame is further attached to lower, upper, and rear swing arms 32, 40, 48 which connect to the front and rear wheels 12, 14. Therefore, having the motor connect to the front and rear ground engaging members.)
[a connector 38 connected to the at least one front ground engaging member 12,] (Fig. 1; Col. 7, lines 12-14)
[a lower swing arm 32 pivotally connected to the frame about a laterally extending lower swing axis,] (Fig. 1; Col 6, lines 57-61; As shown in Fig. 1; Parker illustrates the lower swing arm 32 being pivotally connected to the frame 28 through a pivot pin 34.)
[the lower swing arm having: a first portion extending generally forwardly from the frame and,] (Fig. 1; As shown in Fig. 1, Parker illustrates a portion of the lower swing arm extending generally forwardly from the frame.) [being laterally spaced from the connector on a first side of the connector.] (Fig. 1 & 2; As shown in Fig. 1 & 2, Parker illustrates the first portion of the lower swing arm 32 being laterally spaced from the connector 38 on a first side of the connector.) and [a second portion extending generally laterally from a front of the first portion to the connector] (Fig. 1 & 2; As shown in Fig. 1 & 2, Parker illustrates the second portion of the lower swing arm 32 extending generally laterally from a front of the first portion to the connector.)
[an upper swing arm pivotally connected to the frame about a laterally extending upper swing axis,] (Fig. 1; Col 7, lines 17-20; As shown in Fig. 1; Parker illustrates the upper swing arm 40 being pivotally connected to the frame 28 through a pivot pin 42.)
[the upper swing arm being above the lower swing arm,] (Fig. 1; As shown in Fig. 1, Parker illustrates the upper swing arm 40 being above the lower swing arm 32.)
[the upper swing arm having: a first portion extending generally forwardly from the frame] (Fig. 1; As shown in Fig. 1, Parker illustrates a portion of the lower swing arm extending generally forwardly from the frame.)
[a shock absorber 51 assembly having a first end pivotally mounted to the frame] (Fig. 1; As shown in Fig. 1, Parker illustrates an end of the shock 51 being pivotally connected to the frame 28.)
[the steering assembly operatively connected to the connector,] (Fig. 1; Col. 7, lines 26-27) [the steering assembly comprising: a steering input device 18 pivotally supported by the frame; a steering column 46 connected to the steering input device.] (Fig. 1; Col. 7, lines 26-29; As shown in Fig. 1, Parker illustrates one end of the upper swing arm 40 being pivotally connected to the frame 28 through pivot pin. The other end of the upper swing arm is connected to kingpin 38, which is further attached to steering input device 18 through the steering column 46, thus having the steering input device being pivotally supported by the frame.)
Parker et al. does not disclose the lower swing arm being pivotally connected to the connector, the second portion of the lower swing arm being pivotally connected to the connector; the upper swing arm being pivotally connected to the connector, the upper swing arm having: the first portion being laterally spaced from the connector on the first side of the connector, and the second portion extending generally laterally from a front of the first portion to the connector, the second portion being pivotally connected to the connector, the connector being pivotable relative to the lower and upper swing arms about a steering axis; the shock absorber assembly having a first end adapted for pivotal connection above the upper swing axis, and a tie rod operatively connected between the steering column and the connector, the tie rod being vertically between the lower and upper swing arms.
Cortanze teaches [the lower swing arm being pivotally connected to a lower end of the connector,] (Fig. 2; As shown in Fig. 2, Cortanze illustrates the lower swing arm 3 being pivotally connected to a lower end of the connector 5 through support pivot 11.) and [the second portion being pivotally connected to the lower end of the connector;] (Fig. 2; As shown in Fig. 2, Cortanze illustrates the second portion being pivotally connected to the lower end of the connector 5.) [the upper swing arm being pivotally connected to and upper end of the connector,] (Fig. 2; As shown in Fig. 2, Cortanze illustrates the upper swing arm 2 being pivotally connected to and upper end of the connector 5 through support pivot 10.) [the upper swing arm 2 having: the first portion being laterally spaced from the connector on the first side of the connector,] (Fig. 4; As shown in Fig. 4, Cortanze illustrates the upper swing arm 2 having a first portion being laterally spaced from the connector 5 on a first side of the connector.) and [the second portion extending generally laterally from a front of the first portion to the connector,] (Fig. 4; As shown in Fig. 4, Cortanze illustrates a second portion of the upper swing arm 2 extending generally laterally from a front of the first portion to the connector 5.) [the second portion being pivotally connected to the upper end of the connector,] (Fig. 2; As shown in Fig. 2, Cortanze illustrates the second portion being pivotally connected to the upper end of the connector 5.) [the connector being pivotable relative to the lower and upper swing arms about a steering axis 101;] (Fig. 2; Col. 4, lines 53-61) [the shock absorber assembly having a first end adapted for pivotal connection above the upper swing axis,] (Fig. 2; As shown in Fig. 2, Cortanze illustrates a portion of the shock absorber 12 extending above the first portion of the upper swing arm 2.) and [a tie rod 20 operatively connected between the steering column and the connector,] (Fig. 3; As shown in Fig. 3, Cortanze illustrates the tie rob 20 being operatively connected between the steering column and the connector) [the tie rod being vertically between the lower and upper swing arms;] (Fig. 1 & 4; As shown in Fig. 1 & 4, Cortanze illustrates the tie rod being vertically between the lower and upper swing arms.) [wherein: the lower swing arm further comprises a third portion extending laterally from a rear end of the first portion of the lower swing arm;] (Fig. 4; As shown in Fig. 4, Cortanze illustrates a third portion of the lower swing arm 3 that extends laterally from the rear end of the first portion of the lower swing arm.) [the third and second portions of the lower swing arm extend on a same side of the first portion;] (Fig. 4; As shown in Fig. 4, Cortanze illustrates the third and second portions of the lower swing arm 3 extend on a same side of the first portion.) wherein: [the third portion of the lower swing arm has a first mount pivotally connected to the [frame 28] (Fig. 1 of Parker et al.; Col 6, lines 57-61 of Parker et al.) about the lower swing axis] (Fig. 1, 2, & 4; As shown in Fig. 1, 2, & 4, Cortanze illustrates a first mount of the third portion being pivotally connected to a plate 4.) and [a second mount pivotally connected to the frame about the lower swing axis;] (Fig. 1, 2, & 4; As shown in Fig. 1, 2, & 4, Cortanze illustrates a second mount of the third portion being pivotally connected to a plate 4.) and the first and second mounts are disposed on opposite sides of the connector;] (Fig. 4; As shown in Fig. 4, Cortanze illustrates the first and second mounts being disposed on opposite sides of the connector.) wherein: [the upper swing arm further comprises a third portion extending laterally from a rear end of the first portion of the upper swing arm;] (Fig. 4; As shown in Fig. 4, Cortanze illustrates a third portion of the upper swing arm 2 that extends laterally from the rear end of the first portion of the lower swing arm.) [the third and second portions of the upper swing arm extend on a same side of the first portion;] (Fig. 4; As shown in Fig. 4, Cortanze illustrates the third and second portions of the upper swing arm 2 extend on a same side of the first portion.) and [wherein: the third portion of the upper swing arm has a first mount pivotally connected to the frame about the upper swing axis] (Fig. 1, 2, & 4; As shown in Fig. 1, 2, & 4, Cortanze illustrates a first mount of the third portion being pivotally connected to a plate 4.) and [a second mount pivotally connected to the [frame 28] (Fig. 1 of Parker et al.; Col 6, lines 57-61 of Parker et al.) about the upper swing axis;] (Fig. 1, 2, & 4; As shown in Fig. 1, 2, & 4, Cortanze illustrates a second mount of the third portion being pivotally connected to a plate 4.) and [the first and second mounts are disposed on opposite sides of the connector;] (Fig. 4; As shown in Fig. 4, Cortanze illustrates the first and second mounts being disposed on opposite sides of the connector.) [wherein the shock absorber assembly 12 is laterally spaced from the connector on the first side of the connector 5;] (Fig. 4; As shown in Fig. 4, Cortanze illustrates the shock absorber assembly 12 being laterally spaced from the connector on the first side of the connector 5.) [wherein the shock absorber assembly 12 extends forward and downward from the first end of the shock absorber assembly to the second end of the shock absorber assembly] (Fig. 2; As shown in Fig. 2, Cortanze illustrates the shock absorber 12 extending forward and downward from the first end of the shock absorber assembly to the second end of the shock absorber assembly.) and [at least a front portion of the shock absorber assembly extends above the first portion of the upper swing arm;] (Fig. 2; As shown in Fig. 2, Cortanze illustrates a portion of the shock absorber 12 extending above the first portion of the upper swing arm 2.) [wherein: the steering assembly further comprises a pitman arm 19 connected to the steering column 17;] (Fig. 3; As shown in Fig. 3, Cortanze illustrates a pitman arm 19 connected to the steering column 17.) [the pitman arm pivotally connects the tie rod 20 to the steering column;] (Fig. 3; As shown in Fig. 3, Cortanze illustrates the pitman arm pivotally connecting the tie rod 20 to the steering column 17.) and [the pitman arm being disposed laterally between outer edges of the first portions of the lower and upper swing arms and the steering column;] (Fig. 3 & 4; As shown in Fig. 3, Cortanze illustrates the pitman arm 19 being disposed laterally to the right from the steering column 17. As shown in Fig. 4, the tie rod connected to the pitman arm is positioned laterally to left from the outer edges of the first portions of the lower and upper swing arms. Therefore, having the pitman arm being disposed laterally between outer edges of the first portions of the lower and upper swing arms and the steering column.) [wherein an inner edge of the first portion of one of the lower and upper swing arms is laterally closer to the steering axis than a portion of the tie rod,] (Fig. 4; As shown in Fig. 4, Cortanze illustrates the inner edges of the lower and upper swing arms 2, 3 being laterally closer to the steering axis than a portion of the tie rod 20.) [the portion of the tie rod being the portion of the tie rod being longitudinally aligned with the first portion of the one of the lower and upper swing arms;] (Fig. 4; As shown in Fig. 4, Cortanze illustrates the portion of the tie rod 20 being longitudinally aligned with the first portion of the one of the lower and upper swing arms 2, 3.) [wherein an inner edge of the first portion of one of the lower and upper swing arms is laterally closer to the steering axis than a portion of the tie rod,] (Fig. 4; As shown in Fig. 4, Cortanze illustrates the inner edges of the lower and upper swing arms 2, 3 being laterally closer to the steering axis than a portion of the tie rod 20.) [the portion of the tie rod being the portion of the tie rod being longitudinally aligned with the first portion of the one of the lower and upper swing arms;] (Fig. 4; As shown in Fig. 4, Cortanze illustrates the portion of the tie rod 20 being longitudinally aligned with the first portion of the one of the lower and upper swing arms 2, 3.) [wherein a length of the upper swing arm 2 is smaller than a length of the lower swing arm 3;] (Fig. 2; As shown in Fig. 2, Cortanze illustrates the length of the upper swing arm 2 being smaller than the length of the lower swinger arm 3.) [wherein the steering input device 14 is a handlebar.] (Fig. 3)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the suspension arrangement of Cortanze with the vehicle suspension system of Parker et al. with a reasonable expectation of success because it would allow for improved integration of the steering and suspension system by providing pivotal connections between the swing arms and connector, thus enhancing steering responsiveness and providing a more compact configuration of components.
Parker et al., as modified, does not explicitly disclose a second end of the shock absorber pivotally mounted to a front portion of the first portion of the upper swing arm, the shock absorber assembly extending between the frame and the front portion of the first portion of the upper swing arm.
Yleva teaches [a second end of the shock absorber pivotally mounted to a front portion of the first portion of the upper swing arm,] (Annotation of Fig. 7; As shown in the annotation of Fig. 7, Yleva illustrates wherein a second end of the shock absorber 118 is pivotally mounted to a front portion of an upper swing arm 110 relative to the shock absorber axis 120.) [the shock absorber assembly extending between the frame and the front portion of the first portion of the upper swing arm;] (Annotation of Fig. 7; As shown in the annotation of Fig. 7, Yleva illustrates wherein the shock absorber assembly 118 extends between the frame 12 and the front portion of the first portion of the upper swing arm 110.) [wherein the shock absorber is laterally and longitudinally aligned with the first portion of the upper swing arm.] (Fig. 9; As shown in Fig. 9, Yleva illustrates wherein the shock absorber 118 is laterally and longitudinally aligned with the first portion of the upper swing arm 110.)
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Annotated Fig. 7 of Yleva
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the shock absorber and upper swing arm configuration of Yleva with the vehicle suspension assembly of Parker et al., as modified, with a reasonable expectation of success because it would allow for enhanced load distribution and structural durability between the upper swing arm and the frame, thus developing a balanced and improved suspension performance.
Regarding claim 3, Parker et al., as modified, discloses all of the claimed limitations above, including [wherein the at least one rear ground engaging member 14 is a single rear wheel.] Fig. 2 of Parker et al.; As shown in Fig. 2, Parker et al. illustrates the rear ground engaging member 14 being a single rear wheel.)
Regarding claim 5, Parker et al., as modified, discloses all of the claimed limitations above, including the third portion of the lower swing arm recited in the rejection of claim 1 above; [the third portion pivotally connects the lower swing arm to the frame 28.] (Fig. 1 of Parker et al.; Col 6, lines 57-61 of Parker et al.; As shown in Fig. 1; Parker illustrates the third portion of the lower swing arm 32 being pivotally connected to the frame 28 through a pivot pin 34.)
Regarding claim 6, Parker et al., as modified, discloses all of the claimed limitations above, including the third portion of the lower swing arm recited in the rejection of claim 1 above
Regarding claim 7, Parker et al., as modified, discloses all of the claimed limitations above, including the third portion of the upper swing arm recited in the rejection of claim 1 above; [the third portion pivotally connects the upper swing arm to the frame.] (Fig. 1 of Parker et al.; Col 6, lines 57-61 of Parker et al.; As shown in Fig. 1; Parker illustrates the third portion of the upper swing arm 40 being pivotally connected to the frame 28 through a pivot pin 42.)
Regarding claim 8, Parker et al., as modified, discloses all of the claimed limitations above, including the third portion of the upper swing arm recited in the rejection of claim 1 above.
Regarding claim 9, Parker et al., as modified, discloses all of the claimed limitations above, including the shock absorber configuration recited in the rejection of claim 1 above.
Regarding claim 11, Parker et al., as modified, discloses all of the claimed limitations above, including the shock absorber assembly recited in the rejection of claim 1 above.
Regarding claim 12, Parker et al., as modified, discloses all of the claimed limitations above, including the pitman arm configuration recited in the rejection of claim 1 above.
Regarding claim 13, Parker et al., as modified discloses all of the claimed limitations above, including the tie rod and swing arms arrangement recited in the rejection of claim 1 above.
Regarding claim 14, Parker et al., as modified, discloses all of the claimed limitations above, including the upper and lower swing arm lengths recited in the rejection of claim 1 above.
Regarding claim 17, Parker et al., as modified, does not explicitly disclose wherein a cross-section taken across a width of the lower swing arm has an outer side extending laterally inward and downward from a top of the lower swing arm to a bottom of the lower swing arm. However, according to MPEP 2144.04 (IV)(B) (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)), a change in shape or configuration that does not produce a new or unexpected feature is considered an obvious matter of design choice. In this case, forming the cross-section across the width of the lower swing arm to extend inward and downward from a top of the lower swing arm to a bottom of the lower swing arm would have been an obvious design choice for one of ordinary skill in the art is it merely modifies the geometry of the known structure without yielding an unexpected result.
Regarding claim 18, Parker et al., as modified, discloses all of the claimed limitations above, including the steering input device recited in the rejection of claim 1 above.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Parker et al. US 4775025 A in view of Cortanze US 4265329 A, Yleva US 20150091269 A1 and further in view of Tanaka US 5361864 A.
Regarding claim 2, Parker et al., as modified, further discloses wherein: [the at least one front ground engaging member 12 is a single front wheel.] (Fig. 2 of Parker et al.; As shown in Fig. 2, Parker et al. illustrates the front ground engaging member 12 being a single front wheel.)
Parker et al. does not disclose the connector is a steering knuckle, the front wheel being rotationally connected to the steering knuckle.
Tanaka teaches [the connector is a steering knuckle, the front wheel being rotationally connected to the steering knuckle.] (Fig. 1; Col 5, lines 28-30; Tanaka discloses a steering knuckle 22 that is rotationally connected to a front wheel 8.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the steering knuckle of Tanaka with the vehicle suspension system of Parker et al, as modified, with a reasonable expectation of success because it would allow for a reliable and conventional means of steering and supporting a single front wheel, thus improving load distribution and facilitating easier integration of steering and suspension components.
Claims 19, 22, 24, 26, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Cortanze US 4265329 A in view of Parker et al. US 4775025 A and Yleva US 20150091269 A1.
Regarding independent claim 19, Cortanze discloses [a front suspension assembly for a vehicle comprising: a connector adapted for connection to a front ground engaging member 7 of the vehicle;] (Fig. 2, Col. 4, lines 60-61) [a lower swing arm 3 being pivotally connected to the connector,] (Fig. 2; As shown in Fig. 2, Cortanze illustrates the lower swing arm 3 being pivotally connected to the connector 5 through support pivot 11.) [the lower swing arm having: a first portion extending generally forwardly from the lower swing axis and being laterally spaced from the connector on a first side of the connector,] (Fig. 2 & 4; As shown in Fig. 2, Cortanze illustrates the first portion of the lower swing arm 3 extending from the lower swing axis created from pivot 9. Additionally, Fig. 4 shows the lower swing arm 3 having a first portion being laterally spaced from the connector 5 on a first side of the connector.) and [a second portion extending generally laterally from a front of the first portion to the connector,] (Fig. 4; As shown in Fig. 4, Cortanze illustrates a second portion of the lower swing arm 3 extending generally laterally from a front of the first portion to the connector 5.) [the second portion being pivotally connected to the connector;] (Fig. 2; As shown in Fig. 2, Cortanze illustrates the second portion being pivotally connected to the connector 5.) [an upper swing arm being pivotally connected to the connector,] (Fig. 2; As shown in Fig. 2, Cortanze illustrates the upper swing arm 2 being pivotally connected to the connector 5 through support pivot 10.) [the upper swing arm being above the lower swing arm,] (Fig. 1; As shown in Fig. 2, Cortanze illustrates the upper swing arm 2 being above the lower swing arm 3.) [the upper swing arm having: a first portion extending generally forwardly from the upper swing axis and being laterally spaced from the connector on the first side of the connector,] (Fig. 2 & 4; As shown in Fig. 2, Cortanze illustrates the first portion of the upper swing arm 2 extending from the upper swing axis created from pivot 8. Additionally, Fig. 4 shows the upper swing arm 2 having a first portion being laterally spaced from the connector 5 on a first side of the connector.) and [a second portion extending generally laterally from a front of the first portion to the connector,] (Fig. 4; As shown in Fig. 4, Cortanze illustrates a second portion of the lower swing arm 3 extending generally laterally from a front of the first portion to the connector 5.) [the second portion being pivotally connected to the connector,] (Fig. 2; As shown in Fig. 2, Cortanze illustrates the second portion being pivotally connected to the connector 5.) [the connector being pivotable relative to the lower and upper swing arms about a steering axis 101;] (Fig. 2; Col. 4, lines 53-61) and [a shock absorber assembly having a first end adapted for pivotal connection to the frame above the upper swing axis.] (Fig. 2; As shown in Fig. 2, Cortanze illustrates a portion of the shock absorber 12 extending above the first portion of the upper swing arm 2.)
Cortanze does not disclose the lower swing arm being adapted for pivotal connection to a frame of the vehicle about a lower swing axis; and the upper swing arm being adapted for pivotal connection to a frame of the vehicle about an upper swing axis.
Parker et al. teaches [the lower swing arm adapted for pivotal connection to a frame of the vehicle;] (Fig. 1; Col 6, lines 57-61; As shown in Fig. 1; Parker illustrates the lower swing arm 32 being pivotally mounted to the frame 28 through a pivot pin 34.) and [the upper swing arm adapted for pivotal connection to a frame of the vehicle;] (Fig. 1; Col 7, lines 17-20; As shown in Fig. 1; Parker illustrates the upper swing arm 40 being pivotally mounted to the frame 28 through a pivot pin 42.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the frame mounted connections for the upper and lower swing arms of Parker et al. with the vehicle suspension assembly of Cortanze with a reasonable expectation of success because it would allow for a more stable and functional suspension system, anchoring the swing arms to a fixed frame rather than a floating member, thus enhancing structural integrity and steering precision.
Cortanze, as modified, does not explicitly disclose a second end of the shock absorber pivotally mounted to a front portion of the first portion of the upper swing arm, the shock absorber assembly extending between the frame and the front portion of the first portion of the upper swing arm.
Yleva teaches [a second end of the shock absorber pivotally mounted to a front portion of the first portion of the upper swing arm,] (Annotation of Fig. 7; As shown in the annotation of Fig. 7, Yleva illustrates wherein a second end of the shock absorber 118 is pivotally mounted to a front portion of an upper swing arm 110 relative to the shock absorber axis 120.) [the shock absorber assembly extending between the frame and the front portion of the first portion of the upper swing arm.] (Annotation of Fig. 7; As shown in the annotation of Fig. 7 above, Yleva illustrates wherein the shock absorber assembly 118 extends between the frame 12 and the front portion of the first portion of the upper swing arm 110.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the shock absorber and upper swing arm configuration of Yleva with the vehicle suspension assembly of Cortanze, as modified, with a reasonable expectation of success because it would allow for enhanced load distribution and structural durability between the upper swing arm and the frame, thus developing a balanced and improved suspension performance.
Regarding claim 22, Cortanze, as modified, discloses all of the claimed limitations above, including [wherein: the lower swing arm further comprises a third portion extending laterally from a rear end of the first portion of the lower swing arm;] (Fig. 4 of Cortanze; As shown in Fig. 4, Cortanze illustrates a third portion of the lower swing arm 3 that extends laterally from the rear end of the first portion of the lower swing arm.) [the third and second portions of the lower swing arm extend on a same side of the first portion;] (Fig. 4 of Cortanze; As shown in Fig. 4, Cortanze illustrates the third and second portions of the lower swing arm 3 extend on a same side of the first portion.) and [the third portion is adapted for pivotally connecting the lower swing arm to the frame.] (Fig. 1 of Parker et al.; Col 6, lines 57-61 of Parker et al.; As shown in Fig. 1; Parker illustrates the third portion of the lower swing arm 32 being pivotally connected to the frame 28 through a pivot pin 34.)
Regarding claim 24, Cortanze, as modified, discloses all of the claimed limitations above, including [wherein: the upper swing arm further comprises a third portion extending laterally from a rear end of the first portion of the upper swing arm;] (Fig. 4 of Cortanze; As shown in Fig. 4, Cortanze illustrates a third portion of the upper swing arm 2 that extends laterally from the rear end of the first portion of the lower swing arm.) [the third and second portions of the upper swing arm extend on a same side of the first portion;] (Fig. 4 of Cortanze; As shown in Fig. 4, Cortanze illustrates the third and second portions of the upper swing arm 2 extend on a same side of the first portion.) and [the third portion is adapted for pivotally connecting the upper swing arm to the frame.] (Fig. 1 of Parker et al.; Col 6, lines 57-61 of Parker et al.; As shown in Fig. 1; Parker illustrates the third portion of the upper swing arm 40 being pivotally connected to the frame 28 through a pivot pin 42.)
Regarding claim 26, Cortanze, as modified, discloses all of the claimed limitations above, including [wherein the shock absorber assembly 12 is laterally spaced from the connector on the first side of the connector 5.] (Fig. 4 of Cortanze; As shown in Fig. 4, Cortanze illustrates the shock absorber assembly 12 being laterally spaced from the connector on the first side of the connector 5.)
Regarding claim 28, Cortanze, as modified, discloses all of the claimed limitations above, including [wherein the shock absorber assembly 12 extends forward and downward from the first end of the shock absorber assembly to the second end of the shock absorber assembly] (Fig. 2 of Cortanze; As shown in Fig. 2, Cortanze illustrates the shock absorber 12 extending forward and downward from the first end of the shock absorber assembly to the second end of the shock absorber assembly.) and [at least a front portion of the shock absorber assembly extends above the first portion of the upper swing arm.] (Fig. 2 of Cortanze; As shown in Fig. 2, Cortanze illustrates a portion of the shock absorber 12 extending above the first portion of the upper swing arm 2.) and [is laterally and longitudinally aligned with the first portion of the upper swing arm.] (Fig. 9 of Yleva; As shown in Fig. 9, Yleva illustrates wherein the shock absorber 118 is laterally and longitudinally aligned with the first portion of the upper swing arm 110.)
Response to Arguments
Applicant’s arguments, see Pages 2-5 of Remarks, filed 01/29/2026, have been fully considered but they are not persuasive.
Applicant argues, Page 3, lines 1-3 of Remarks, that Yleva cannot teach mounting to an upper swing arm because it only discloses only a single swing arm. Examiner respectfully disagrees. Yleva is relied upon for its teaching of a shock absorber pivotally mounted to a forward portion of a swing arm and extending between the frame and that portion. This teaching is not limited to systems having only one swing arm. A person of ordinary skill in the art would have recognized that such a mounting configuration is applicable to any swing arm, including the upper swing arm in a dual swing arm arrangement such as that of Cortanze and Parker. Accordingly, the absence of a second swing arm does not negate its teaching.
Applicant argues, Page 3, lines 7-10 of Remarks, that Yleva mounts the shock absorber to a laterally extending portion rather than to a first portion extending forwardly from the frame. Examiner respectfully disagrees. As shown in Yleva, the portion of the swing arm to which the shock absorber is mounted is forward of the swing arm pivot relative to the frame and thus constitutes a front portion. The claim does not exclude lateral extension of that portion. Therefore, Yleva reasonably teaches mounting to a front portion of the swing arm.
Applicant further argues, Page 3, lines 11-14 of Remarks, that Yleva’s swing arm extends rearward and therefore cannot disclose a forward extending portion. Examiner respect fully disagrees. The claimed “front portion” is a relative positional term with respect to the swing arm and the frame, not an absolute requirement tied to front or rear vehicle placement. Yleva still teaches a portion of the swing arm located forward of its pivot where the shock absorber is mounted. Such relative positioning would have been adaptable to the forward-extending upper swing arm of Parker et al.
Applicant argues, Page 4, lines 6-21 of Remarks, that a person of ordinary skill in the art would not combine Yleva with Parker et al. and Cortanze due to differences in vehicle type and suspension application. Examiner respectfully disagrees. The references are relied upon for correlating suspension design principles, specifically the arrangement of a shock absorber relative to a frame and swing arms. Such principles are well known to be transferable across different vehicle types. Differences in vehicle configurations does not prevent combination where the components perform the same function and yield predictable results.
Applicant also argues, Page 5, lines 1-5, that, even if combined, Yleva’s teachings would be applied to the lower swing arm rather than the upper swing arm. Examiner respectfully disagrees. The selection of mounting the shock absorber to either the upper or lower swing arm constitutes an obvious matter of design choice, as both are structural members capable of supporting the shock absorber. Applicant has not provided evidence of criticality or unexpected results associated with limiting the configuration to the upper swing arm. Therefore, such a modification would have been within the ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Walters et al. US 20040160030 A1 – comprises an independent suspension system that is provided for coupling a set of wheels to a vehicle body structure. The system includes independently pivotable swing arms, a shock absorber assembly and tie rods. The swing arms are attached to the vehicle body structure and to a respective wheel and the shock absorber assembly is mounted to the vehicle structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mohamed Medani whose telephone number is (703)756-1917. The examiner can normally be reached Monday - Friday, 8:30 am - 5:30 pm.
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/Mohamed M Medani/Examiner, Art Unit 3611
/VALENTIN NEACSU, Ph.D./Supervisory Patent Examiner, Art Unit 3611