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 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.
Claims 1-10, 12-18, and 20 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites a semi-active shock assembly and “an electronic suspension control unit (ESCU)” “wherein said semi-active shock assembly comprises…an on-shock ESCU.” It is unclear what is required or can be an on-shock ESCU as this ESCU is not defined in the claim. Is this a second suspension control unit? The specification describes that the ESCU (which is the first recited ESCU) controls the semi-active shock assemblies. There is no disclosure of an on-shock ESCU in the specification or drawings. As such it is unclear whether this is intended to mean controls within the ESCU or a distinct ECU.
Claim 8 recites "a plurality of semi-active shock assemblies configured to provide
an amount of damping between a plurality of tires" and "a plurality of tire pressure
values." Claim 1 recites a semi-active shock assembly" "an amount of damping" and "a plurality of tires." It is not made clear by the claim language that the semi-active shock
assembly is one of the plurality recited in claim 8. The same issue is present with the
damping amount, the tire, and the pressure value. In addition, it is unclear if the
adjustment to the damping characteristic of claim 1 is the same as the offset based
adjustment of the damping characteristic of claim 8.
Claim 11 recites "an on-shock ESCU." It is unclear what an on-shock ESCU is.
There is no special definition of what this may encompass. It is unclear structurally or
functionally what is structurally required by on-shock.
Claim 19 is definite for the same reasons as claim 11.
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.
Claim(s) 1-3, 6, 12, 13, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over is/are rejected under 35 U.S.C. 103 as being unpatentable by Kutscher (US 6,293,562) in view of Witte et al. (US 2024/0336103; hereinafter
"Witte").
Claim 1
Kutscher discloses a system comprising:
a semi-active shock assembly (e.g., 2d, 2e, 3d, 3e, 8) configured to provide an amount of damping between a tire (2f, 2g, 3f, and/or 3g) and a suspended portion (4) of a vehicle;
a tire pressure management system TPMS (whichever structure functions to collect the "sensed tire pressure" recited in claim 1; see also Abstract disclosing "[t]he tire pressure is sensed" and claim 5; for example pressure sensors 14a-14d sense tire pressure) to obtain a tire pressure value for said tire (see column 5, lines 1-6); and
an electronic suspension control unit ESCU (15), said ESCU configured to: receive said tire pressure value from said TPMS (see column 5, lines 3-7 and FIG. 1); and
utilize said tire pressure value to generate an adjustment of at least one damping characteristic of said semi-active shock assembly (see Abstract disclosing the distance setpoint value is varied based on a function of the sensed tire pressure and that the distance setpoint value is the distance between the vehicle body and suspension unit; the distance is represented by variable x).
Kutscher discloses that the suspension may be hydraulic suspension unit or
pneumatic suspension unit (see column 3, lines 2-7) however Kutscher does not
specifically disclose wherein said semi-active shock assembly comprises: a damper
chamber; a main piston coupled with a shaft, said main piston located within said
damper chamber; and an on-shock ESCU. However, Witte discloses a
suspension/shock assembly that comprises a damper chamber (14, 15); a main piston
(piston/horizontal portion of 13) coupled with a shaft (shaft/vertical portion of 13), said
main piston (13) located within said damper chamber (14, 15); and an on-shock ESCU
(27) (see FIG. 1 and Abstract). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable
expectation of success to have modified Kutscher to include the hydraulic suspension
units as piston/chamber units connected to the controller which is interpreted as the on-
shock ESCU in order to provide a smooth suspension that can regulate the suspension
under dynamic loads and do so precisely.
Claim 2
Kutscher discloses wherein said semi-active shock assembly comprises:
an active valve (8) configured to:
receive said adjustment from said ESCU; and
modify a damping characteristic of said semi-active shock assembly (see FIG.
1 illustrating the pressure signal from 15 going into all four valves of 8 and
those valves providing fluid directly into each of the spring
elements/suspension 2d, 2e, 3d, 3e).
Claim 3
Kutscher discloses wherein said adjustment is automatically provided from said
ESCU to said active valve since the control is not manual or controlled by human
intervention and therefore is automatic.
Claim 6
Kutscher discloses wherein said ESCU generates said adjustment of said at
least one damping characteristic of said semi-active shock assembly based on
additional data from a group consisting of: location data, performance data ("velocity
sensor (not shown) for sensing the vehicle velocity"), terrain data, and telemetry data.
Claim 12
Kutscher discloses a suspension system comprising:
a plurality of semi-active shock assemblies (2d, 2e, 3d, 3e, 8) configured to provide an amount of damping between a plurality of tires (2f, 2g, 3f, and 3g) and a suspended portion (4) of a vehicle;
a tire pressure management system TPMS (whichever structure functions to collect the "sensed tire pressure" recited in claim 1; see also Abstract disclosing "[t]he tire pressure is sensed" and claim 5; for example pressure sensors 14a-14d sense tire pressure) to obtain a plurality of tire pressure values for said tire (see column 5, lines 1-6; see also FIG. 1); and
an electronic suspension control unit ESCU (15), said ESCU configured to:
receive said plurality of tire pressure values from said TPMS (see column 5, lines 3-7; see also FIG. 1); and
utilize said plurality of tire pressure values, and additional data from a group consisting of: location data, performance data ("the distance setpoint value also varies as a function of a sensed travel velocity or wheel rotational speed), terrain data, and telemetry data (see column 3, lines 8-14), to generate an adjustment of at least one damping characteristic of said semi-active shock assembly (see Abstract disclosing the distance setpoint value is varied based on a function of the sensed tire pressure and that the distance setpoint value is the distance between the vehicle body and suspension unit; the distance is represented by variable x).
Kutscher discloses that the suspension may be hydraulic suspension unit or
pneumatic suspension unit (see column 3, lines 2-7) however Kutscher does not
specifically disclose wherein said semi-active shock assembly comprises: a damper
chamber; a main piston coupled with a shaft, said main piston located within said
damper chamber; and an on-shock ESCU. However, Witte discloses a
suspension/shock assembly that comprises a damper chamber (14, 15); a main piston
(piston/horizontal portion of 13) coupled with a shaft (shaft/vertical portion of 13), said
main piston (13) located within said damper chamber (14, 15); and an on-shock ESCU
(27) (see FIG. 1 and Abstract). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable
expectation of success to have modified Kutscher to include the hydraulic suspension
units as piston/chamber units connected to the controller which is interpreted as the on-
shock ESCU in order to provide a smooth suspension that can regulate the suspension
under dynamic loads and do so precisely.
Claim 13
Kutscher discloses an active valve (four valves in 8) coupled with each of said
plurality of semi-active shock assemblies (2d, 2e, 3d, 3e, 8), said active valve
configured to:
receive said adjustment from said ESCU (see e.g., FIG. 1); and
modify a damping characteristic of one or more of said plurality of said semi-
active shock assemblies (see FIG. 1 and Abstract disclosing the distance setpoint value
is varied based on a function of the sensed tire pressure and that the distance setpoint value is the distance between the vehicle body and suspension unit; the distance is
represented by variable x).
Claim 20
Kutscher discloses a method of changing damping characteristics based on
readings from a tire pressure management system (whichever structure functions to
collect the "sensed tire pressure" recited in claim 1; see also Abstract disclosing "[t]he
tire pressure is sensed" and claim 5; for example pressure sensors 14a-14d sense tire
pressure), said method comprising (see FIG. 1):
receiving, at an electronic suspension control unit (15), a tire pressure value of a tire, said tire pressure value obtained from said tire pressure management system (14a-14d) (see column 5, lines 3-7 and FIG. 1);
generate an adjustment for at least one damping characteristic of an electronically adjustable shock assembly (2d, 2e, 3d, 3e, 8) based on said tire pressure value, said electronically adjustable shock assembly coupled between said tire and a frame of a vehicle (see Abstract disclosing the distance setpoint value is varied based on a function of the sensed tire pressure and that the distance setpoint value is the distance between the vehicle body and suspension unit; the distance is represented by variable x); and
modify (via actuation of valves in 8) a fluid flow path within said electronically adjustable shock assembly (2d, 2e, 3d, 3e, 8) to alter said at least one damping characteristic of said electronically adjustable shock assembly to achieve said adjustment (see column 4, lines 42-48).
Kutscher discloses that the suspension may be hydraulic suspension unit or
pneumatic suspension unit (see column 3, lines 2-7) however Kutscher does not
specifically disclose wherein said semi-active shock assembly comprises: a damper
chamber; a main piston coupled with a shaft, said main piston located within said
damper chamber; and an on-shock ESCU. However, Witte discloses a
suspension/shock assembly that comprises a damper chamber (14, 15); a main piston
(piston/horizontal portion of 13) coupled with a shaft (shaft/vertical portion of 13), said
main piston (13) located within said damper chamber (14, 15); and an on-shock ESCU
(27) (see FIG. 1 and Abstract). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable
expectation of success to have modified Kutscher to include the hydraulic suspension
units as piston/chamber units connected to the controller which is interpreted as the on-
shock ESCU in order to provide a smooth suspension that can regulate the suspension
under dynamic loads and do so precisely.
Claim(s) 4, 5, 7, 8, 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over is/are rejected under 35 U.S.C. 103 as being unpatentable by Kutscher in view of Witte, and further in view of Gerhard (US 5,134,880).
Claim 4
Kutscher discloses wherein said TPMS further comprises: a tire pressure sensor
but does not disclose at least one receiver to wirelessly receive said tire pressure value
from a tire pressure sensor, wherein said at least one receiver is coupled with said
semi-active shock assembly. However, Gerhard discloses a vehicle that includes a tire
pressure sensor (13) and a receiver (15) fixed to a wheel suspension and a warning
indicator when tire pressure is too low (see column 2, line 52 to column 3, line 2). It
would have been obvious to one having ordinary skill in the art before the effective filing
date of the claimed invention with a reasonable expectation of success to have modified
Kutscher to include a receiver connected to the suspension in combination with a warning indicator to alert a driver of low tire pressure and/or to use the tire pressure
sensor data in controls.
Claim 5
Kutscher discloses wherein said TPMS further comprises: a tire pressure sensor
but does not disclose at least one receiver to wirelessly receive said tire pressure value
from a tire pressure sensor, wherein said at least one receiver is coupled with said
suspended portion of said vehicle. However, Gerhard discloses a vehicle that includes a
tire pressure sensor (13) and a receiver (15) fixed to a wheel suspension which is a
suspended portion of the vehicle and a warning indicator when tire pressure is too low
(see column 2, line 52 to column 3, line 2). It would have been obvious to one having
ordinary skill in the art before the effective filing date of the claimed invention with a
reasonable expectation of success to have modified Kutscher to include a receiver
connected to the suspension in combination with a warning indicator to alert a driver of
low tire pressure and/or to use the tire pressure sensor data in controls.
Claim 7
Kutscher does not disclose a user interface communicatively coupled with said
ESCU, said user interface selected from a group consisting of: an in-vehicle
infotainment (IVI) interface, a mobile device, an audible alarm, a visual alarm, and a
switch, wherein said ESCU is configured to provide a warning, via said user interface,
when said tire pressure value is outside of a terrain based threshold. However, Gerhard
discloses a vehicle that includes a tire pressure sensor (13) and a warning indicator when tire pressure is too low (see column 2, line 52 to column 3, line 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the
claimed invention with a reasonable expectation of success to have modified Kutscher
to include a warning indicator to alert a driver of low tire pressure.
Claim 8
Kutscher discloses a plurality of semi-active shock assemblies (any two or more
of 2d, 2e, 3d, 3e, and 8) configured to provide an amount of damping between a
plurality of tires (2f, 2g, 3f, and/or 3g) and said suspended portion of said vehicle;
said TPMS (14a-14d) to obtain a plurality of tire pressure values for said plurality of tires (see column 5, lines 1-6); and said ESCU configured to: receive said plurality of tire pressure values for said plurality of tires (see column 5, lines 1-6); and
utilize said plurality of tire pressure values to generate a tire pressure offset based adjustment of at least one damping characteristic of one or more of said plurality of semi-active shock assemblies (see Abstract disclosing the distance setpoint value is varied based on a function of the sensed tire pressure and that the distance setpoint value is the distance between the vehicle body and suspension unit; the distance is represented by variable x).
Claim 14
Kutscher discloses wherein said TPMS comprises: a plurality of tire pressure
sensors (14a-14d), wherein each tire pressure sensor of said plurality of tire pressure sensors, obtains a tire specific tire pressure value for a given tire of said plurality of tires
(2f, 2g, 3f, and/or 3g) (see FIG. 1).
Kutscher does not disclose a plurality of receivers, wherein each receiver of said
plurality of receivers wirelessly communicates with a single tire pressure sensor to
receive said tire specific tire pressure value. However, Gerhard discloses a vehicle that
includes a tire pressure sensor (13) for a tire and a receiver (15) associated with that
single tire sensor and a warning indicator when tire pressure is too low (see column 2,
line 52 to column 3, line 2). It would have been obvious to one having ordinary skill in
the art before the effective filing date of the claimed invention with a reasonable
expectation of success to have modified Kutscher to include a receiver for each tire with
a warning indicator to alert a driver of low tire pressure of any of the tires and which one
and/or to use the tire pressure sensor data in controls.
Claim 15
Kutscher discloses wherein said TPMS further comprises: a tire pressure sensor
but does not disclose that the driver is warned via a user interface such as an alarm. As
such, Kutscher does not disclose a user interface communicatively coupled with said
ESCU, said user interface selected from a group consisting of: an in-vehicle
infotainment (IVI) interface, a mobile device, an audible alarm, a visual alarm, and a
switch. However, Gerhard discloses a vehicle that includes a tire pressure sensor (13)
and a warning indicator when tire pressure is too low (see column 2, line 52 to column
3, line 2). It would have been obvious to one having ordinary skill in the art before the
effective filing date of the claimed invention with a reasonable expectation of success to have modified Kutscher to include a warning indicator to alert a driver of low tire
pressure.
Claim 16
Kutscher as modified according to claim 15 discloses wherein said ESCU is
configured to provide a warning (as disclosed by Gerhard), via said user interface
(Gerhard, indicator 17 which tells the driver to reduce speed or increase tire pressure),
when at least one of said plurality of tire pressure values is outside of a pre-established
terrain based threshold (Gerhard sets the threshold based on driving speed which is
interpreted as the threshold).
Claim 17
Kutscher as modified discloses wherein said ESCU is configured to: utilize said
plurality of tire pressure values to generate a tire pressure offset based adjustment of at
least one damping characteristic of one or more of said plurality of semi-active shock
assemblies (see Abstract disclosing the distance setpoint value is varied based on a
function of the sensed tire pressure and that the distance setpoint value is the distance
between the vehicle body and suspension unit; the distance is represented by variable
x).
Claim(s) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable
over Kutscher in view of Witte and Gerhard, and further in view of Kim et al. (US
2022/0146362; hereinafter "Kim").
Claim 9
Kutscher as modified by Gerhard discloses a warning for low tire pressure but
does not specifically disclose wherein said ESCU is further configured to provide an
offset warning, via said user interface, when a difference between at least two of said
plurality of tire pressure values is outside of a predefined offset threshold value.
However, Kim discloses that differences between the pressure of at least two of the
tires is calculated and that a caution signal is output if one tire is equal to or greater than
a predetermined value (see paragraph [0007]) and that a warning signal is output when
the second difference is equal to or greater than a predetermined value and that the
display unit may display different phases or images according to the caution signal and
the warning signal (paragraph [0060]). It would have been obvious to one having
ordinary skill in the art before the effective filing date of the claimed invention with a
reasonable expectation of success to have further modified Kutscher to have provided
the warning indicator for more than one of the tires in order to provide a greater or more
serious warning if two or more tires are low.
Claim 18
Kutscher as modified by Gerhard discloses a warning for low tire pressure but
does not specifically disclose wherein said ESCU is further configured to provide an
offset warning, via said user interface, when a difference between at least two of said
plurality of tire pressure values is outside of a predefined offset threshold value.
However, Kim discloses that differences between the pressure of at least two of the tires is calculated and that a caution signal is output if one tire is equal to or greater than
a predetermined value (see paragraph [0007]) and that a warning signal is output when
the second difference is equal to or greater than a predetermined value and that the
display unit may display different phases or images according to the caution signal and
the warning signal (paragraph [0060]). It would have been obvious to one having
ordinary skill in the art before the effective filing date of the claimed invention with a
reasonable expectation of success to have further modified Kutscher to have provided
the warning indicator for more than one of the tires in order to provide a greater or more
serious warning if two or more tires are low.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Kutscher in view of Witte and further in view of Murano (US 3,697,944).
Claim 10
Kutscher does not disclose a communications network to communicatively
couple said ESCU with said semi-active shock assembly and said TPMS, said
communications network selected from a group consisting of: a wired communications
network, a wireless communications network, and a hybrid communications network
comprising a combination of said wired communications network and said wireless
communications network. However, Murano discloses a tire sensor that communicates
signals with a control unit (5) that includes electric circuits and produces a signal as a
result of processing the input from the tire pressure sensor, where the signals may be
sent via wireless network (see FIG. 1 illustrating the use of radio waves) or wired
network (see FIG. 2 illustrating a hard wire). It would have been obvious to one having
ordinary skill in the art before the effective filing date of the claimed invention with a
reasonable expectation of success to have modified Kutscher to include either wireless
or wired communication in order to communicate between the various controls and
sensors of Kutscher since these are known ways of transferring data between sensor
data and units using the sensor data to yield predictable results and in this case would
provide more flexibly on design and placement if wireless or a stronger more consistent
signal if wired.
Response to Arguments
Applicant's arguments filed July 22, 2026 have been fully considered but they are not persuasive.
With regard to the rejections under 112(b), the amendments to claims 6 and 16 overcome the prior rejection under 112(b) however no arguments were made with regard to the remaining claims and therefore these rejections were maintained.
With regard to claims 1, 12, and 20, each of these claims was amended to include the features of prior claims 11 and 19. No arguments were presented as to the prior rejection of these claims and thus these rejections were repeated as to claims 1, 12, and 20.
Conclusion
To the extent there are new rejections, Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM.
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, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STACEY A FLUHART/Primary Examiner, Art Unit 3655
