Prosecution Insights
Last updated: April 19, 2026
Application No. 18/416,385

VEHICLE CONTROL SYSTEM

Non-Final OA §103
Filed
Jan 18, 2024
Examiner
LIETHEN, KURT PHILIP
Art Unit
3747
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Suzuki Motor Corporation
OA Round
3 (Non-Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
2y 4m
To Grant
88%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
338 granted / 426 resolved
+9.3% vs TC avg
Moderate +9% lift
Without
With
+8.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
37 currently pending
Career history
463
Total Applications
across all art units

Statute-Specific Performance

§101
6.1%
-33.9% vs TC avg
§103
54.3%
+14.3% vs TC avg
§102
20.5%
-19.5% vs TC avg
§112
17.1%
-22.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 426 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 . Claim Status Claims 7-8 have been added. Claims 1-8 are pending in the application and have been examined. Response to Arguments Applicant’s arguments with respect to claim(s) 1-8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. Claim(s) 1, 4, 5, 6, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fitzgibbons (US 2007/0265749 A1) hereinafter Fitzgibbons and Soltis (US 4,621,833) hereinafter Soltis. Claim 1: Fitzgibbons discloses a vehicle control system, comprising: a damper configured to damp a vibration of a vehicle [¶¶12, 17; Items 112, 114]; a vehicle height adjuster configured to adjust the height of a vehicle [¶¶17; Item 104]; a controller [101] configured to change a setting of at least one of a damping force of the damper and the height of the vehicle by a user selection signal indicating selection by a user [¶17; Item 102; Figs. 3-4]; and a notification unit comprising at least one of a speaker or a vibrator and configured to use at least one selected from the group consisting of a sound, a vibration, and an appearance of the vehicle [¶20; Item 103] wherein the controller is capable of changing, depending on the user selection signal, only the damping force, only the height of the vehicle, or both the damping force and the height of the vehicle, and is configured to drive the vehicle height adjuster when changing the height of the vehicle [¶¶12, 17; "In various embodiments, mode controller 101 can output control signals to one or more of subsystems 104-115 to set the subsystems to a particular state in response to receiving an operator input for a particular mobility traction control mode and/or setting via input apparatus 102"]. Fitzgibbons doesn’t explicitly disclose (the notification unit is used) in conjunction with the change of the setting in response to the user selection signal to notify the user that the setting has changed. However, Soltis does disclose (the notification unit is used) in conjunction with the change of the setting in response to the user selection signal to notify the user that the setting has changed. [col. 8, lines 13-20] It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the vehicle control system of Fitzgibbons with the indicator light of Soltis to inform the driver of which state the vehicle is in to ensure appropriate performance for given conditions. Claim 4: Fitzgibbons and Soltis, as shown in the rejection above, disclose all the limitations of claim 1. Fitzgibbons also discloses wherein a device configured to be able to communicate with the controller is included in the notification unit [¶20; Items 101, 103]. Claim 5: Fitzgibbons discloses a vehicle control system, comprising: a damper configured to damp a vibration of a vehicle [¶¶12, 17; Items 112, 114]; a vehicle height adjuster configured to adjust the height of a vehicle; [¶¶17; Item 104]; a controller [101] configured to change settings of a damping force of the damper and the height of the vehicle by a user selection signal indicating selection by a user [¶17; Item 102; Figs. 3-4]; and a notification unit comprising at least one of a speaker or a vibrator and configured to use at least one selected from the group consisting of a sound, a vibration, and an appearance of the vehicle [¶20; Item 103] wherein the controller is capable of changing, depending on the user selection signal, only the damping force, only the height of the vehicle, or both the damping force and the height of the vehicle, and is configured to drive the vehicle height adjuster when changing the height of the vehicle [¶¶12, 17; "In various embodiments, mode controller 101 can output control signals to one or more of subsystems 104-115 to set the subsystems to a particular state in response to receiving an operator input for a particular mobility traction control mode and/or setting via input apparatus 102"]. Fitzgibbons doesn’t explicitly disclose (the notification unit is used) in conjunction with the change of the setting in response to the user selection signal to notify the user that the setting has changed. However, Soltis does disclose (the notification unit is used) in conjunction with the change of the setting in response to the user selection signal to notify the user that the setting has changed. [col. 8, lines 13-20] It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the vehicle control system of Fitzgibbons with the indicator light of Soltis to inform the driver of which state the vehicle is in to ensure appropriate performance for given conditions. Claim 6: Fitzgibbons discloses a vehicle control system, comprising: a damper configured to damp a vibration of a vehicle [¶¶12, 17; Items 112, 114]; a vehicle height adjuster configured to adjust the height of a vehicle [¶¶17; Item 104]; a controller [101] configured to change a setting of at least one of a damping force of the damper [22, 24, 26, 28] and the height of the vehicle by a user selection signal indicating selection by a user[¶17; Item 102; Figs. 3-4]; and a notification unit comprising at least one of a speaker or a vibrator and configured to use at least one selected from the group consisting of a sound and a vibration [¶20; Item 103] the controller is capable of changing, depending on the user selection signal, only the damping force, only the height of the vehicle, or both the damping force and the height of the vehicle, and is configured to drive the vehicle height adjuster when changing the height of the vehicle [¶¶12, 17; "In various embodiments, mode controller 101 can output control signals to one or more of subsystems 104-115 to set the subsystems to a particular state in response to receiving an operator input for a particular mobility traction control mode and/or setting via input apparatus 102"]. Fitzgibbons doesn’t explicitly disclose (the notification unit is used) in conjunction with the change of the setting in response to the user selection signal to notify the user that the setting has changed. However, Soltis does disclose (the notification unit is used) in conjunction with the change of the setting in response to the user selection signal to notify the user that the setting has changed. [col. 8, lines 13-20] It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the vehicle control system of Fitzgibbons with the indicator light of Soltis to inform the driver of which state the vehicle is in to ensure appropriate performance for given conditions. Claim 8: Fitzgibbons and Soltis, as shown in the rejection above, disclose all the limitations of claim 1. Fitzgibbons also discloses wherein the notification unit is configured, Fitzgibbons doesn’t explicitly disclose (notification unit is configured) in association with the change of the setting. However, Soltis does disclose (notification unit is configured) in association with the change of the setting [col. 8, lines 13-20]. Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Fitzgibbons and Soltis as applied to claim 1 above, and further in view of Bell et al. (US 2004/0159515 A1) hereinafter Bell. Claim 2: Fitzgibbons and Soltis, as shown in the rejection above, disclose all the limitations of claim 1. Fitzgibbons discloses the notification unit [103] uses the at least one selected from the group consisting of the sound, the vibration, and the appearance [¶20; Item 103]. Fitzgibbons doesn’t explicitly disclose further comprising: an adjustment unit configured to adjust a load applied in advance to an elastic body provided in the controller, wherein: controller is configured to change the setting of the at least one and a setting of the load; and to notify the user of a change in the setting of the at least one and the setting of the load. However, Bell does disclose further comprising: an adjustment unit configured to adjust a load applied in advance to an elastic body provided in the controller, wherein: controller is configured to change the setting of the at least one and a setting of the load [Abstract]. Further, Soltis discloses to notify the user of a change in the setting of the at least one and the setting of the load. [col. 8, lines 13-20] It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the vehicle control system of Fitzgibbons and Soltis with the load adjustment of Bell to maintain vehicle ride height. Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Fitzgibbons and Soltis as applied to claim 1 above, and further in view of Bartsch et al. (DE102018215606A1) hereinafter Bartsch. Claim 3: Fitzgibbons and Soltis, as shown in the rejection above, disclose all the limitations of claim 1. Fitzgibbons doesn’t explicitly disclose wherein the controller vibrates a member provided inside or outside the damper when the setting is changed. However, Bartsch does disclose wherein the controller vibrates a member provided inside or outside the damper when the setting is changed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the vehicle control system of Fitzgibbons and Soltis with the vibration of Bartsch to maintain vehicle ride height. Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Fitzgibbons and Soltis as applied to claim 1 above, and further in view of Coombs et al. (US 2021/0061040 A1) hereinafter Coombs. Claim 7: Fitzgibbons and Soltis, as shown in the rejection above, disclose all the limitations of claim 1. Fitzgibbons discloses wherein the notification unit is provided separately from the damper and the vehicle height adjuster [¶20; Item 103]. Fitzgibbons doesn’t explicitly disclose is configured to wirelessly communicate with the controller. However, Coombs discloses is configured to wirelessly communicate with the controller. [¶36] It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the vehicle control system of Fitzgibbons and Soltis with the wireless alert of Coombs to provide flexibility on the mounting position of the notification system. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KURT P LIETHEN whose telephone number is (313)446-6596. The examiner can normally be reached Mon - Fri, 8 AM - 4 PM. 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, Lindsay Low can be reached at (571)272-1196. 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. KURT P. LIETHEN Primary Examiner Art Unit 3747 /KURT PHILIP LIETHEN/Primary Examiner, Art Unit 3747
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Prosecution Timeline

Jan 18, 2024
Application Filed
Apr 29, 2025
Non-Final Rejection — §103
Aug 01, 2025
Response Filed
Oct 17, 2025
Final Rejection — §103
Dec 19, 2025
Response after Non-Final Action
Feb 23, 2026
Request for Continued Examination
Mar 10, 2026
Response after Non-Final Action
Mar 17, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12589743
MOVING BODY CONTROL SYSTEM AND MOVING BODY CONTROL METHOD
2y 5m to grant Granted Mar 31, 2026
Patent 12590555
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Patent 12584453
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2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
88%
With Interview (+8.7%)
2y 4m
Median Time to Grant
High
PTA Risk
Based on 426 resolved cases by this examiner. Grant probability derived from career allow rate.

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