Status of Claims
Claims 1-17 are currently pending and have been examined in this application. This NON-FINAL communication is the first action on the merits.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for the benefit of a prior-filed application filed in PCT DE 102022124631.0 on 09/26/2022 under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 17 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112, second paragraph. Claim 17 is directed to a method and device (i.e., contactless measuring device, and a method for measuring body height), which makes the scope of the claim unclear since it is not clear as to whether a method or the apparatus of claim 1 or 14 is being claimed. In Ex parte Lyell, 17 USPQ2d 1548 (Bd. Pat. App. & Inter. 1990), a claim directed to an automatic transmission workstand and the method steps of using it was held to be ambiguous and properly rejected under 35 U.S.C. 112, second paragraph. Such claims should also be rejected under 35 U.S.C. 101 based on the theory that the claim is directed to neither a “process” nor a “machine,” but rather embraces or overlaps two different statutory classes of invention set forth in 35 U.S.C. 101 which is drafted so as to set forth the statutory classes of invention in the alternative only. Id. at 1551.
Claim Rejections - 35 USC § 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.
Claim 17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 17 is rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112, second paragraph. In Ex parte Lyell, 17 USPQ2d 1548 (Bd. Pat. App. & Inter. 1990), a claim directed to an automatic transmission workstand and the method steps of using it was held to be ambiguous and properly rejected under 35 U.S.C. 112, second paragraph. In the present application, claim 17 recites a method and apparatus (i.e., measuring device, and a method for measuring body height) in the same claim and thus are indefinite under 35 U.S.C. second paragraph for the reasons indicated above.
Claim 17 recites the limitation "the device". There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the body height of a motor vehicle". There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the damper or stop buffer". There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "lowering of the body or the frame until contact of the damper or stop buffer on the stop surface". Claim 17 previously uses the limiting term “contactless measurement” causing the claim to be indefinite.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4, 6, 8, 14-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mbugua (US 20220032705).
Regarding Claim 1, Mbugua discloses the following limitations:
A device (Mbugua – [Fig. 2], [0005] Height monitoring and/or control systems for determining a body height [0025] alter or maintain vehicle height at one or more corners of the vehicle, of a motor vehicle [0005] vehicle and/or vehicle suspension system by contactless measurement [0001] based on time-of-flight measurement of photons traveling through damping liquid contained within damper assemblies of a distance between a body or a frame of the motor vehicle and a vehicle part connected to a chassis of the motor vehicle, the device comprising: [0003] Wheeled motor vehicles of most types and kinds include a sprung mass, such as a body or chassis, for example, and an unsprung mass, such as two or more axles or other wheel-engaging members, for example, with a suspension system disposed therebetween.)
a transmitter and a receiver, (Mbugua – [0035] the sensor can include a self-contained power source (e.g., batteries) and/or an antenna suitable for wireless reception and/or transmission of signals,)
which are configured to emit a high-frequency signal directed toward the vehicle part
and receive and process the signal as a reflected signal; (Mbugua – [0035], [0044] sensor 300 can include a frequency generator 322 that can be implemented as any combination of circuitry and software. A clock signal CLK can be provided to frequency generator 322, which can generate a voltage signal 324 that is provided to a driver 326 for generating a signal for driving photon source 306.)
wherein said reflected signal is evaluated via an algorithm stored in an electronic circuit assigned to the device and a distance of the vehicle part to said transmitter and said receiver is determined which can be calculated from said reflected signal; (Mbugua – [0042] Additionally, sensor 300 can include a non-transitory storage device or memory, which can be of any suitable type, kind and/or configuration that can be used to store data, values, settings, parameters, inputs, software, algorithms, routines, programs and/or other information or content for any associated use or function, such as use in association with the determination of a time difference between the emission of photons from photon source 306 and the detection of emitted photons at photon receptor 310 and/or with the performance and/or operation of sensor 300 as well as any systems, components and/or structures of the damper assemblies and/or suspension systems with which the sensor may be operatively associated.)
said transmitter being assigned to an elastomeric damper or stop buffer [Fig. 2], [0037] damper assembly 200 and/or sensors 232 (and 232′, 232″) can include a reflective target 248 having a target surface 250 off of which photons can be reflected from photon source 240 toward photon receptor 242, arranged on the body or the frame of the motor vehicle and configured to emit a high-frequency signal onto a stop surface, (Mbugua – [0035], [0053] sensor body or housing could be used. In such a method of manufacture, an injection molded polycarbonate housing could be formed. Such an injection molded polycarbonate housing will form a hard enclosure that will withstand environmental conditions and satisfy performance requirements for robustly protecting any sensitive internal components of the sensor. Examples of such environmental conditions and performance requirements that an injection molded polycarbonate housing can provide include pressure, temperature, impact, vibration, chemical resistance and infrared transparency.)
which is provided for the damper or stop buffer and is arranged on the chassis of the motor vehicle; and, (Mbugua – [Fig. 2], [0003], [0035], [0037])
said receiver being configured to receive said signal reflected from the stop surface as said reflected signal. (Mbugua – [Fig. 2], [0003], [0035], [0037])
wherein the damper or stop buffer is formed together with at least said base plate and said transmitter and said receiver as a prefinished unit configured to be fastened on the vehicle. (Mbugua – [Fig. 2], [0003], [0035], [0037])
Regarding Claim 2, Mbugua further discloses:
wherein said transmitter and said receiver are formed adjacent to the damper or stop buffer and are provided for emitting and receiving ultrasonic waves or electromagnetic radiation. (Mbugua – [0035], [0034] In a preferred arrangement, such as is shown in FIG. 2, for example, the photon source and the photon receptor can be operatively disposed along a common damper component and in proximal relation to one another. However, it will be appreciated that other configurations and/or arrangements could alternately be used without departing from the subject matter of the present disclosure. [0005] Such internal height sensors can utilize sound or pressure waves traveling through a gaseous medium (e.g., air) within the gas spring assemblies, typically at an ultrasonic frequency, [0047] It will be appreciated that photon source 306 can take the form of any suitable type and/or kind of device.)
Regarding Claim 4, Mbugua further discloses:
wherein said transmitter and said receiver are provided inside the damper or stop buffer and are configured for emitting and receiving electromagnetic radiation. (Mbugua – [0034], [0035], [0053])
Regarding Claim 6, Mbugua further discloses:
wherein said transmitter and said receiver are provided in the form of a sensor configured as a transceiver. (Mbugua – [0035])
Regarding Claim 8, Mbugua further discloses:
wherein said transmitter and said receiver are a sensor configured as a transceiver provided in a cavity of the damper or stop buffer open toward the stop surface. (Mbugua – [0035], [0053])
Regarding Claim 14, Mbugua discloses the following limitations:
A damper (Mbugua – [0037] damper assembly or stop buffer [0037] reflective target 248 in a chassis region of a vehicle comprising: [0003])
A device (Mbugua – [Fig. 2], [0005] Height monitoring and/or control systems for determining a body height [0025] alter or maintain vehicle height at one or more corners of the vehicle, of a motor vehicle [0005] vehicle and/or vehicle suspension system by contactless measurement [0001] based on time-of-flight measurement of photons traveling through damping liquid contained within damper assemblies of a distance between a body or a frame of the motor vehicle and a vehicle part connected to a chassis of the motor vehicle; [0003])
said device including a transmitter and a receiver, (Mbugua – [0035])
which emit a high-frequency signal directed toward the vehicle part and receive and process the signal as a reflected signal; (Mbugua – [0035], [0037], [0044])
wherein said reflected signal is evaluated via an algorithm stored in an electronic circuit assigned to the device and a distance of the vehicle part to said transmitter and said receiver is determined which can be calculated from said reflected signal; (Mbugua – [0042])
said transmitter being assigned to an elastomeric damper or stop buffer arranged on the body or the frame of the motor vehicle and configured to emit a high-frequency signal onto a stop surface, (Mbugua – [0035], [0037], [0053])
which is provided for the damper or stop buffer and is arranged on the chassis of the motor vehicle; and, (Mbugua – [Fig. 2], [0003], [0035], [0037])
said receiver being configured to receive said signal reflected from the stop surface as said reflected signal. (Mbugua – [Fig. 2], [0003], [0035], [0037])
a base plate; (Mbugua – [Fig. 2], [0037])
wherein the damper or stop buffer is formed together with at least said base plate and said transmitter and said receiver as a prefinished unit configured to be fastened on the vehicle. (Mbugua – [Fig. 2], [0003], [0035], [0037])
Regarding Claim 15, Mbugua further discloses:
A motor vehicle comprising the device of claim 1. (Mbugua – [0002] As examples, suitable applications and/or uses can include vehicle suspension systems, cab mounting arrangements and seat suspensions such as may be included on over-the-road trucks and tractors, rail vehicles, agricultural vehicles, industrial vehicles, as well as in other machinery having moving or vibrating parts.)
Regarding Claim 16, Mbugua further discloses:
wherein the motor vehicle is a truck. (Mbugua – [0002])
Regarding Claim 17, Mbugua discloses the following limitations:
A method for operating (Mbugua – [Fig. 2], [0037] the device (Mbugua – [Fig. 2], [0005] Height monitoring and/or control systems for determining the body height [0025] alter or maintain vehicle height at one or more corners of the vehicle, of a motor vehicle [0005] vehicle and/or vehicle suspension system by contactless measurement [0001] based on time-of-flight measurement of photons traveling through damping liquid contained within damper assemblies of a distance between a body or a frame of the motor vehicle and a vehicle part connected to a chassis of the motor vehicle, the device including [0003])
a transmitter and a receiver, (Mbugua – [0035])
which are configured to emit a high-frequency signal directed toward the vehicle part and receive and process the signal as a reflected signal; (Mbugua – [0035], [0037], [0044])
wherein said reflected signal is evaluated via an algorithm stored in an electronic circuit assigned to the device and a distance of the vehicle part to said transmitter and said receiver is determined which can be calculated from said reflected signal; (Mbugua – [0042])
the transmitter being assigned to the damper or stop buffer arranged on the body or the frame of the motor vehicle and configured to emit a high-frequency signal onto a stop surface, (Mbugua – [0035], [0037], [0053])
which is provided for the damper or stop buffer and is arranged on the chassis of the motor vehicle; and, (Mbugua – [Fig. 2], [0003], [0035], [0037])
the receiver being configured to receive said signal reflected from the stop surface as said reflected signal: (Mbugua – [Fig. 2], [0003], [0035], [0037])
the method comprising: lowering of the body or the frame until contact of the damper or stop buffer on the stop surface being initiated by a vehicle control unit in a case of soiling or icing of the stop surface provided for the damper or stop buffer on the chassis of the motor vehicle. (Mbugua – [Fig. 2] target surface 250 is always in contact with damper assembly, [0003], [0035], [0037], [0030] A quantity of non-gaseous damping fluid 226 (e.g., hydraulic oil or other suitable liquid) is disposed within damping chamber,)
Claim Rejections - 35 USC § 103
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 3, 5, 7, 9-11, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Mbugua (US 20220032705) in view of Nordmeyer (US 20220268913).
Regarding Claim 3, Mbugua further teaches:
wherein said transmitter and said receiver are formed adjacent to the damper or stop buffer and are provided for emitting and receiving radar radiation. (Mbugua – [0034], [0035], [0047])
Mbugua does not explicitly teach the following limitations, however Nordmeyer, in the same field of endeavor, teaches:
radar radiation (Nordmeyer – [Abstract] Gas spring sensors including a millimeter wave radar source and a target surface disposed in spaced relation to the radar source.)
Therefore, 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 gas spring assembly of Mbugua with the millimeter wave radar source of Nordmeyer in order to generate signals, data and/or other outputs having a relation to displacement (Nordmeyer – [0001]).
Regarding Claim 5, Mbugua further discloses:
wherein said transmitter and said receiver are provided inside the damper or stop buffer and are configured for emitting and receiving radar radiation. (Mbugua – [0034], [0035], [0053] Mbugua does not explicitly teach radar radiation.)
Mbugua does not explicitly teach the following limitations, however Nordmeyer, in the same field of endeavor, teaches:
radar radiation (Nordmeyer – [Abstract])
Therefore, 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 gas spring assembly of Mbugua with the millimeter wave radar source of Nordmeyer in order to generate signals, data and/or other outputs having a relation to displacement (Nordmeyer – [0001]).
Regarding Claim 7, Mbugua further discloses:
further comprising: a radar sensor configured as said transmitter and said receiver; (Mbugua – [0035] Mbugua does not explicitly teach radar sensor.)
wherein said damper or stop buffer includes a material which has a low absorption rate for radar radiation; and, (Mbugua – [0053] Mbugua does not explicitly teach radar radiation.)
said radar sensor being configured as a transceiver provided in a cavity of the damper or stop buffer closed toward said stop surface. (Mbugua – [0035], [0053])
Mbugua does not explicitly teach the following limitations, however Nordmeyer, in the same field of endeavor, teaches:
radar sensor/radiation (Nordmeyer – [Abstract])
Therefore, 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 gas spring assembly of Mbugua with the millimeter wave radar source of Nordmeyer in order to generate signals, data and/or other outputs having a relation to displacement (Nordmeyer – [0001]).
Regarding Claim 9, Mbugua further discloses:
wherein said radar sensor is fastened on a base plate of the damper or stop buffer and the damper or stop buffer is materially bondable to the base plate. (Mbugua – [Fig. 2], [0035] Mbugua does not explicitly teach radar sensor.)
Mbugua does not explicitly teach the following limitations, however Nordmeyer, in the same field of endeavor, teaches:
radar sensor (Nordmeyer – [Abstract])
Therefore, 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 gas spring assembly of Mbugua with the millimeter wave radar source of Nordmeyer in order to generate signals, data and/or other outputs having a relation to displacement (Nordmeyer – [0001]).
Regarding Claim 10, Mbugua further discloses:
wherein said radar sensor is fastened on a base plate of the damper or stop buffer and the damper or stop buffer is materially bondable to the base plate by vulcanization or adhesive bonding (Mbugua – [Fig. 2], [0035] Mbugua does not explicitly teach radar radiation.)
Mbugua does not explicitly teach the following limitations, however Nordmeyer, in the same field of endeavor, teaches:
radar sensor (Nordmeyer – [Abstract])
Therefore, 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 gas spring assembly of Mbugua with the millimeter wave radar source of Nordmeyer in order to generate signals, data and/or other outputs having a relation to displacement (Nordmeyer – [0001]).
Regarding Claim 11, Mbugua further discloses:
wherein said sensor is a radar sensor and is integrated in the damper or stop buffer. (Mbugua – [Fig. 2], [0035] Mbugua does not explicitly teach radar sensor.)
Mbugua does not explicitly teach the following limitations, however Nordmeyer, in the same field of endeavor, teaches:
radar sensor (Nordmeyer – [Abstract])
Therefore, 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 gas spring assembly of Mbugua with the millimeter wave radar source of Nordmeyer in order to generate signals, data and/or other outputs having a relation to displacement (Nordmeyer – [0001]).
Regarding Claim 13, Mbugua further discloses:
wherein said transmitter and said receiver are operated using high-frequency radar radiation in the millimeter wave range. (Mbugua – [Fig. 2], [0035] Mbugua does not explicitly teach radar radiation in the millimeter wave range.)
Mbugua does not explicitly teach the following limitations, however Nordmeyer, in the same field of endeavor, teaches:
radar radiation in the millimeter wave range (Nordmeyer – [Abstract])
Therefore, 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 gas spring assembly of Mbugua with the millimeter wave radar source of Nordmeyer in order to generate signals, data and/or other outputs having a relation to displacement (Nordmeyer – [0001]).
Claim 12 are rejected under 35 U.S.C. 103 as being unpatentable over Mbugua (US 20220032705), in view of Nordmeyer (US 20220268913), and further in view of Murphy (US 20160047095).
Regarding Claim 12, Mbugua further discloses:
wherein said sensor is a radar sensor and is vulcanized in the damper or stop buffer. (Mbugua – [Fig. 2], [0035] Mbugua does not explicitly teach radar sensor or sensor is vulcanized in the millimeter wave range.)
Mbugua does not explicitly teach the following limitations, however Nordmeyer, in the same field of endeavor, teaches:
radar sensor (Nordmeyer – [Abstract])
Therefore, 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 gas spring assembly of Mbugua with the millimeter wave radar source of Nordmeyer in order to generate signals, data and/or other outputs having a relation to displacement (Nordmeyer – [0001]).
Mbugua does not explicitly teach the following limitations, however Nordmeyer, in the same field of endeavor, teaches:
sensor is vulcanized (Murphy - [0017] Security systems are also described comprising: a proximity sensor encased in a fabric layer, wherein the fabric layer encased within a vulcanized rubber material, and wherein the vulcanized rubber material applied to the top of a structure.)
Therefore, 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 injection molded polycarbonate housing of Mbugua with the vulcanized rubber material of Murphy in order to encase the sensor within a vulcanized rubber material (Muphy – [0017]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure or directed to the state of art is listed on the enclosed PTO-892.
The following is a brief description for relevant prior art that was cited but not applied:
Talty (US 20100125389) describes a system is provided for determining a distance between a vehicular suspension assembly and the ground.
Namuduri (CN 101734121) describes a system that is used for determining the distance between a vehicle suspension assembly and a second portion of the suspension assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON JAMES HENSON whose telephone number is (703)756-1841. The examiner can normally be reached Monday-Friday 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Hodge can be reached at 571-272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRANDON JAMES HENSON/Examiner, Art Unit 3645
/OLUMIDE AJIBADE AKONAI/Primary Examiner, Art Unit 3645