DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claim 20 has been renumbered 19 but now appears to depend from itself. Appropriate correction is required.
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 12-19 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.
Regarding claim 12, the limitation “wherein said system coupled to said vehicle further is further configured” is not understood. There appears to be a typo wherein “further” is repeated.
Regarding claim 18, the limitation “wherein said system coupled to said vehicle further is further configured” is not understood. There appears to be a typo wherein “further” is repeated.
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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claims 1-5, and 19 are rejected under pre-AIA 35 U.S.C. 102a1 as being anticipated Ippolito et al. (US-20110022266).
Regarding claim 1, Ippolito et al. discloses a vehicle suspension (14/16) configured to be coupled to a vehicle (fig 1); a sensor (at least 12) positioned to sense a feature of the suspension system to capture real-time performance data for the suspension system ([0053]); a processor (30) having an operative communication link with the sensor (at least [0046]); a transmitter (L) having an operative communication link with the processor (fig 1, at least [0046]); and a communication device having a graphical user interface (at least T) and a wireless operative communication link with the transmitter (fig 1, at least [0046]), said communication device capable of providing a suspension setting suggestion to a user of said suspension system (at least [0053] and [0060]), wherein said suggestion is based on at least a track section); wherein said communication device is a mobile phone of said user of said suspension system and wherein said mobile phone of said user of said suspension system is not physically coupled with said vehicle (at least [0046] wherein with 30 a gateway interface device is indicated, for example, belonging to an on-board original equipment multimedia telematics platform, including a communication module to establish a link "L" for transmitting data according to an infrared, serial, USB, or "wireless" mode connection, preferably according to a Bluetooth.RTM. or wi-fi protocol, with an external personal information and telecommunication terminal device "T," such as a palmtop computer, a mobile phone with "data management" functions (Smartphone)); and a connector for receiving and transmitting data (at least one of several connectors described in [0046]), wherein said processor is further operable to output a suggested vehicle setting in the form of an instruction (fig 3 and at least [0053], [0060], and [0064] wherein the instruction is the learned/stored suspension settings corresponding to a section of path) of regarding an adjustable feature of said vehicle suspension to improve an initial vehicle suspension setup ([0059]-[0060] wherein the user is able to divide a preset path in elementary segments and associate a particular control configuration of the vehicle shock absorbers assembly to each of them).
Regarding claim 2, Ippolito et al. discloses a GPS sensor ([0047]), wherein said processor is further operable to receive GPS data from said GPS sensor, said processor further capable of generating said suspension setting suggestion by using both said GPS data and said real-time performance data for said suspension system ([0047]-[0053] wherein said suggestion is based on at least a track section and real time data receipt).
Regarding claim 3, Ippolito et al. discloses a GPS sensor ([0047]), wherein said processor is further operable to receive GPS data from said GPS sensor, said processor further operable to generate said suspension setting suggestion based upon which section of a course on which said vehicle is or will be used ([0047]-[0053] wherein said suggestion is based on at least a track section and real time data receipt).
Regarding claim 4, Ippolito et al. discloses wherein said processor is further operable to adjust an interval at which said GPS data is received from said GPS sensor ([0047]-[0053] wherein data is collected based on specific segments of a pre-established path, wherein said path is customizable).
Regarding claim 5, Ippolito et al. discloses wherein said processor is further operable to adjust an interval at which said real-time performance data for said suspension system is received from said sensor ([0047]-[0053] wherein data is collected based on specific segments of a pre-established path, wherein said path is customizable).
Regarding claim 7, Ippolito et al. discloses wherein said suggested vehicle setting comprises at least one of a spring preload adjustment, an air spring pressure adjustment, a rebound damping setting adjustment, and a compression damping setting adjustment (at least for example in the setting disclosed in [0061], wherein the vehicle shock absorbers can be modified to control roll or pitch).
Regarding claim 8, Ippolito et al. discloses wherein an operational characteristic measurable by said sensor includes at least one of position, velocity, acceleration, stroke, sag, compression, rebound, pressure, and temperature of said vehicle suspension (at least [0029] and [0044]).
Regarding claim 9, Ippolito et al. discloses wherein said connector for receiving and transmitting data is capable of receiving suspension setting data previously downloaded from a website ([0046] at least wherein 30 is USB/wireless/telecommunication capable).
Regarding claim 10, Ippolito et al. discloses wherein said connector for receiving and transmitting data is configured to download said real-time performance data for said suspension system ([0053]).
Regarding claim 11, Ippolito et al. discloses wherein said connector for receiving and transmitting data is configured to download said suspension setting suggestion ([0053] wherein said suggestion is based on at least a track section).
Regarding claim 12, Ippolito et al. discloses a vehicle component sensor (at least 12)operable to measure an operational characteristic of a vehicle component of the vehicle (fig 1); and a controller (at least 10 or 30) comprising: a GPS sensor for measuring the location of the vehicle during use ([0047]); and a processor (30) operable to receive performance data comprising data from the component sensor corresponding to the operational characteristic and data from the GPS sensor corresponding to the location of the vehicle, and associate the performance data with a time marker to track the time when the performance data was measured ([at least [0044]-[0053]), wherein said processor is further operable to output a suggested vehicle setting in the form of an instruction (fig 3 and at least [0053], [0060], and [0064] wherein the instruction is the learned/stored suspension settings corresponding to a section of path) regarding an adjustable feature of said vehicle component to improve an initial setup of said vehicle component([0059]-[0060] wherein the user is able to divide a preset path in elementary segments and associate a particular control configuration of the vehicle shock absorbers assembly to each of them); and wherein said system for said vehicle further is further configured to communicate with a communication device of a user of said suspension system, wherein said communication device is a mobile phone of said user of said suspension system and wherein said mobile phone of said user of said suspension system is not physically coupled with said vehicle (at least [0046] wherein with 30 a gateway interface device is indicated, for example, belonging to an on-board original equipment multimedia telematics platform, including a communication module to establish a link "L" for transmitting data according to an infrared, serial, USB, or "wireless" mode connection, preferably according to a Bluetooth.RTM. or wi-fi protocol, with an external personal information and telecommunication terminal device "T," such as a palmtop computer, a mobile phone with "data management" functions (Smartphone)).
Regarding claim 13, Ippolito et al. discloses wherein said controller is operable to generate and output a suspension setting suggestion to a user of said system ([0053] wherein said suggestion is based on at least a track section).
Regarding claim 14, Ippolito et al. discloses wherein said processor is further operable to generate said suspension setting suggestion by using both said data from said GPS sensor and said operational characteristic of said vehicle component of said vehicle ([0047]-[0053] wherein said suggestion is based on at least a track section and real time data receipt).
Regarding claim 15, Ippolito et al. discloses wherein said processor is further operable to generate said suspension setting suggestion based upon which section of a course on which said vehicle is or will be used ([0047]-[0053] wherein said suggestion is based on at least a track section).
Regarding claim 16, Ippolito et al. discloses wherein said processor is further operable to adjust an interval at which said data from said GPS sensor is received ([0047]-[0053] wherein data is collected based on specific segments of a pre-established path, wherein said path is customizable).
Regarding claim 17, Ippolito et al. discloses wherein said processor is further operable to adjust an interval at which said operational characteristic of said vehicle component of said vehicle received from said vehicle component sensor ([0047]-[0053] wherein data is collected based on specific segments of a pre-established path, wherein said path is customizable).
Regarding claim 18, Ippolito et al. discloses a system coupled to said vehicle (fig 1), said system comprising: a vehicle component sensor (at least 12) operable to measure an operational characteristic of a vehicle component of the vehicle ([0029]); a controller (at least 10/30) comprising: a GPS sensor for measuring the location of the vehicle during use ([0047]); and a processor (30) operable to receive performance data comprising data from the vehicle component sensor corresponding to the operational characteristic and data from the GPS sensor corresponding to the location of the vehicle (fig 1), and associate the performance data with a time marker to track the time when the performance data was measured (at least [0029] and [0044]-[0053]), wherein said processor is further operable to output a suggested vehicle setting in the form of an instruction (fig 3 and at least [0053], [0060], and [0064] wherein the instruction is the learned/stored suspension settings corresponding to a section of path) regarding an adjustable feature of said vehicle component to improve an initial vehicle component setup ([0059]-[0060] wherein the user is able to divide a preset path in elementary segments and associate a particular control configuration of the vehicle shock absorbers assembly to each of them); and wherein said system coupled to said vehicle further is further configured to communicate with a communication device of a user of said suspension system, wherein said communication device is a mobile phone of said user of said suspension system and wherein said mobile phone of said user of said suspension system is not physically coupled with said vehicle (at least [0046] wherein with 30 a gateway interface device is indicated, for example, belonging to an on-board original equipment multimedia telematics platform, including a communication module to establish a link "L" for transmitting data according to an infrared, serial, USB, or "wireless" mode connection, preferably according to a Bluetooth.RTM. or wi-fi protocol, with an external personal information and telecommunication terminal device "T," such as a palmtop computer, a mobile phone with "data management" functions (Smartphone)).
Regarding claim 19, Ippolito et al. discloses wherein said controller is operable to generate and output a suspension setting suggestion to a user of said vehicle (at least [0053], wherein said suggestion is based on at least a track section and real time data).
Response to Arguments
Applicant's arguments filed 03/23/2025 have been fully considered but they are not persuasive. Regarding claims 1, 12, and 18, Applicant argues that the prior art of record lacks wherein said communication device is a mobile phone of said user and wherein said mobile phone of said user of said suspension system is not physically coupled with said vehicle, Examiner respectfully disagrees. In at least [0046] of Ippolito et al., it is disclosed wherein the system includes a communication module to establish a link "L" for transmitting data according to an infrared, serial, USB, or "wireless" mode connection (not physically coupled to the vehicle), preferably according to a Bluetooth.RTM. or wi-fi protocol, with an external personal information and telecommunication terminal device "T," such as a palmtop computer, a mobile phone or smart phone. It has been interpreted that a mobile device is inherently capable of being mobile and therefore capable of not being coupled to a vehicle. Ippolito et al. also discloses wherein the device “T” is an external personal device. The limitation regarding ownership of the mobile device has been given little to no patentable weight.
Conclusion
THIS ACTION IS MADE FINAL. 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 JAMES K HSIAO whose telephone number is (571)272-6259. The examiner can normally be reached 9-5, Monday-Friday.
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, Robert Siconolfi can be reached at 571-272-7124. 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.
/J.K.H/Examiner, Art Unit 3616
/NICHOLAS J LANE/Primary Examiner, Art Unit 3616