DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/28/2026 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1-5 and 7-19 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Ippolito et al. (US-20110022266) in view of Smye-Rumsby et al. (US-20200094851).
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 processor 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 (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 1, while Ippolito discloses real time suspension data acquisition and communication including full sensor -> processor -> transmitter -> smartphone architecture, it lacks real time driver assistance. Smye-Rumsby et al. teaches a real time driver assistance system (120, [0001] real-time driver coaching) wherein one or more driving metrics are monitored in order to provide real-time driving coaching to ensure that the driver is operating the vehicle within designated user parameters (at least paragraphs [0003] and [0020] wherein a system for providing real-time driving coaching includes one or more computer processors determining that a user is in a vehicle. The one or more computer processors identify historical vehicle occupancy data of the user. The one or more computer processors monitor one or more driving metrics of the vehicle while the user is an occupant. The one or more computer processors determine whether a vehicle exceeds a threshold based, at least in part, on a comparison of the monitored one or more driving metrics and the identified historical vehicle occupancy data. The one or more computer processors determine an action based, at least in part, on the vehicle exceeding the threshold).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Ippolito with the real-time recommendation generation techniques of Smye-Rumsby et al. at least in order to improve usability and functionality providing a driver ability to adjust or optimize suspension settings and/or operate within the desired performance parameters while yielding predictable results of known diagnostic and telematic systems.
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 is further configured to communicate with a communication device of a user of said system, wherein said communication device is a mobile phone of said user of said suspension system (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 12, while Ippolito discloses real time suspension data acquisition and communication including full sensor -> processor -> transmitter -> smartphone architecture, it lacks real time driver assistance. Smye-Rumsby et al. teaches a real time driver assistance system (120, [0001] real-time driver coaching) wherein one or more driving metrics are monitored in order to provide real-time driving coaching to ensure that the driver is operating the vehicle within designated user parameters (at least paragraphs [0003] and [0020] wherein a system for providing real-time driving coaching includes one or more computer processors determining that a user is in a vehicle. The one or more computer processors identify historical vehicle occupancy data of the user. The one or more computer processors monitor one or more driving metrics of the vehicle while the user is an occupant. The one or more computer processors determine whether a vehicle exceeds a threshold based, at least in part, on a comparison of the monitored one or more driving metrics and the identified historical vehicle occupancy data. The one or more computer processors determine an action based, at least in part, on the vehicle exceeding the threshold).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Ippolito with the real-time recommendation generation techniques of Smye-Rumsby et al. at least in order to improve usability and functionality providing a driver ability to adjust or optimize suspension settings and/or operate within the desired performance parameters while yielding predictable results of known diagnostic and telematic systems.
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 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 (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 18, while Ippolito discloses real time suspension data acquisition and communication including full sensor -> processor -> transmitter -> smartphone architecture, it lacks real time driver assistance. Smye-Rumsby et al. teaches a real time driver assistance system (120, [0001] real-time driver coaching) wherein one or more driving metrics are monitored in order to provide real-time driving coaching to ensure that the driver is operating the vehicle within designated user parameters (at least paragraphs [0003] and [0020] wherein a system for providing real-time driving coaching includes one or more computer processors determining that a user is in a vehicle. The one or more computer processors identify historical vehicle occupancy data of the user. The one or more computer processors monitor one or more driving metrics of the vehicle while the user is an occupant. The one or more computer processors determine whether a vehicle exceeds a threshold based, at least in part, on a comparison of the monitored one or more driving metrics and the identified historical vehicle occupancy data. The one or more computer processors determine an action based, at least in part, on the vehicle exceeding the threshold).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Ippolito with the real-time recommendation generation techniques of Smye-Rumsby et al. at least in order to improve usability and functionality providing a driver ability to adjust or optimize suspension settings and/or operate within the desired performance parameters while yielding predictable results of known diagnostic and telematic systems.
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 with respect to claims 1, 12, and 18 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.
Conclusion
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.
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/JAMES K HSIAO/Examiner, Art Unit 3616
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