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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/17/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 23-36 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.
Claims 23, 25-26 and 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over Flory et al. (WO 2019/204675 A1 published 10/24/2019, for purposes of this examination, examiner will refer to the US publication 2021/0237528) in view of Ikemoto et al. (US 4,821,191), Kato et al. (US 7,650,959) and Yamabuki et al. (JP 2007-276525 A; Machine Translation of Description ‘MTD’).
With respect to claim 23 and 33, Flory et al. discloses a utility vehicle (10) having a front portion (14) and a rear portion (18), the utility vehicle, comprising: a plurality of ground-engaging members (22, 24); a frame assembly (12) supported by the plurality of ground-engaging members (22, 24); a powertrain assembly supported by the frame assembly and comprising at least a prime mover (20), the prime mover (20) positioned within the rear portion (18) of the utility vehicle (paragraph 16); a suspension assembly (36) operably coupled to the frame assembly; and a hydraulic assembly (fig. 5) operably coupled to the prime mover (20) and the suspension assembly (36), and the hydraulic assembly (fig. 5) is configured to selectively adjust a height of the suspension assembly relative to a ground surface (paragraph 26), and the hydraulic assembly includes a pump (46) positioned adjacent the prime mover and driven by the prime mover (paragraph 18) and operably coupled to the suspension assembly (36) via the hydraulic assembly (fig. 5). (Figs. 1-9B, paragraphs 16-27.) Flory et al. discloses a power train assembly with a prime mover (20) but does not explicitly disclose a transmission. Kato et al. teaches of a utility vehicle (fig. 1) comprising a powertrain assembly supported by the frame assembly (32) and comprising at least a prime mover (142) and a transmission (144) operably coupled to the prime mover (142), the prime mover (142) positioned within the rear portion (Modified fig. 1, shown below) of the utility vehicle; wherein the prime mover (142) is positioned longitudinally rearward (fig. 3) of the transmission (144). (Figs. 1-5, col. 3, lines 9-67, col. 4.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure in Kato et al. into the invention of Flory et al. with a reasonable expectation of success in order to provide a proper drive train for a vehicle. (Col. 4, lines 17-35.) By implementing the teaching of Kato et al. into Flory et al.; the hydraulic assembly (fig. 5 in Flory et al.) would be operably coupled to the powertrain assembly (20 of the engine in Flory et al. and 150 of the transmission in Brady et al.) and the suspension assembly (36 in Flory et al.). Flory et al. discloses the a pump (46) driven by the prime mover (paragraph 18) but does not discuss the pump’s position in relation to the prime mover. Ikemoto et al. teaches of a pump (6) being positioned adjacent the prime mover (12). (Fig. 1, col. 10, lines 17-68, col. 11, lines 1-26.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure in Ikemoto et al. into the invention of Flory et al., as modified, with a reasonable expectation of success in order to provide working fluid for the operation of this suspension system. (Col. 11, lines 3-12.) Flory et al., as modified, is silent regarding the pump includes powered and unpowered configurations manually actuated with a clutch interposed between the powertrain and the pump. Yamabuki et al. teaches of a suspension assembly (10FL, FR, RL, and RR) operably coupled to the frame assembly (8); and the plurality of ground-engaging members (4FL, FR, RL, and RR); the pump (MTD paragraph 27 “(f)urthermore, in the above embodiment, the two pumps 60, 61 are driven by individual pump motors 63, 64, respectively, but the two pumps 60, 61 can also be driven by a single common pump motor 228”) includes powered and unpowered configurations (MTD paragraph 20, “For example, when increasing the vehicle height of the left front wheel 4FL, the pump device 68 is operated, the pressure accumulation control valve 90 is opened, and the vehicle height adjusting valve 110FL is opened. The operation of the pump device 68 switches the outflow control valve 106 to a closed state, so that the hydraulic fluid discharged from the pump device 68 is supplied to the suspension cylinder 10FL, increasing the vehicle height. The suspension cylinder 10FL is also supplied with hydraulic fluid from a pressure accumulation accumulator 70. When the actual vehicle height of the left front wheel 4FL reaches the target value, the vehicle height control valve 110FL is shut off and the operation of the pump device 68 is stopped.”) manually actuated (MTD paragraph 18 “The vehicle height adjustment mode selection switch 164 is operated by the driver, and by operating the switch 164, either the automatic mode or the manual mode is selected. The vehicle height adjustment instruction switch 166 is operated by the driver when increasing or decreasing the vehicle height.”) with a clutch interposed between the powertrain and the pump (MTD paragraph 7 “For example, a clutch can be provided between one electric motor and one of two pumps, and by switching the clutch, the output shaft of the electric motor can be connected or disconnected from the drive shaft of one of the pumps”). (Figs. 1-11, MTD paragraphs 5-36.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure in Yamabuki et al. into the invention of Flory et al., as modified, with a reasonable expectation of success in order to supply hydraulic fluid in accordance with the requirements of a hydraulic actuator. (MTD paragraph 3.)
[AltContent: textbox (Rear Portion)][AltContent: textbox (Front Portion)][AltContent: connector]
PNG
media_image1.png
420
576
media_image1.png
Greyscale
With respect to claim 25, Flory et al., as modified, discloses the suspension assembly includes a front suspension (36; fig. 3A) and a rear suspension (36; fig. 3A), and the hydraulic assembly is configured to independently adjust the height of the front suspension and the rear suspension (paragraphs 22, 24, 26). (Figs. 1-9B, paragraphs 16-27.)
With respect to claim 26, Flory et al., as modified, discloses the suspension assembly includes at least one shock absorber (36), and the hydraulic assembly is operably coupled (paragraph 17) to the at least one shock absorber (36). (Figs. 1-9B, paragraphs 16-27.)
With respect to claim 32, Flory et al., as modified, discloses the hydraulic assembly is configured to adjust the height of the suspension assembly between 12 inches and 14 inches (paragraph 17). (Figs. 1-9B, paragraphs 16-27.)
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Flory et al., Ikemoto et al., Kato et al. and Yamabuki et al., as applied to claim 23 above, and further in view of Piniot (US 3,871,681).
With respect to claim 24, Flory et al., as modified, is silent regarding the hydraulic assembly includes a driven pulley coupled to the clutch for selectively actuating the pump. Piniot teaches of the hydraulic assembly (25) includes a driven pulley (330 having an electromagnetic clutch (col. 2, lines 48-62) for selectively actuating the pump (28). (Figs. 1-3, cols. 2-3.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Piniot into the invention of Flory et al., as modified, with a reasonable expectation of success in order to effectively pump the hydraulic fluid to the struts. (Col. 2, lines 48-68, col. 3, lines 1-7.)
Claims 27 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Flory et al., Ikemoto et al., Kato et al. and Yamabuki et al., as applied to claim 23 above, and further in view of Ryan et al. (US 2012/0098216).
With respect to claims 27 and 29-30, Flory et al., as modified, discloses the hydraulic assembly includes a central reservoir (48) (fig. 5) but is silent regarding at least one shock reservoir, and the central reservoir is configured to provide hydraulic fluid to the at least one shock reservoir. Ryan et al. teaches of at least one shock reservoir (50), and the central reservoir (20) is configured to provide hydraulic fluid to the at least one shock reservoir (50); wherein the hydraulic assembly is configured to pump hydraulic fluid into the at least one shock reservoir (50) to raise the height of the suspension assembly (14); wherein the hydraulic assembly is configured to dump hydraulic fluid out from the at least one shock reservoir (50) to lower the height of the suspension assembly (14) (paragraph 35). (Figs. 1-8, paragraphs 26-36.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Ryan et al. into the invention of Flory et al., as modified, with a reasonable expectation of success in order to effectively raise and lower the vehicle. (Paragraph 35.)
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Flory et al., Ikemoto et al., Kato et al., Yamabuki et al. and Ryan et al., as applied to claim 23 and 27 above, and further in view of Burdock et al. (US 6,471,218).
With respect to claim 28, Flory et al., as modified, is silent regarding the at least one shock reservoir is coupled to a torsion bar of the suspension assembly. Burdock et al. teaches of the at least one shock reservoir (38) is coupled to a torsion bar (26 or 30) of the suspension assembly (‘hydraulic strut’, col. 2 lines 41-46). (Fig. 1, col. 2, lines 27-67, col. 3, lines 1-10.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Burdock et al. into the invention of Flory et al., as modified, with a reasonable expectation of success in order to resiliently oppose relative vertical movement of the two front or rear wheels. (Col. 2, lines 27-48.)
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Flory et al., Ikemoto et al., Kato et al., Yamabuki et al. and Ryan et al., as applied to claim 23 and 27 above, and further in view of Sigrist et al. (DE 10 2018 000 149 A1; Machine Translation of Description ‘MTD’).
With respect to claim 31, Flory et al., as modified, is silent regarding movement of the hydraulic fluid into the shock reservoir changes a volume of a gas reservoir within the shock reservoir. Sigrist et al. teaches of movement of the hydraulic fluid into the shock reservoir (12) changes a volume of a gas reservoir (18) within the shock reservoir (MTD paragraphs 21-23). (Fig. 1, MTD paragraphs 6-24.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Sigrist et al. into the invention of Flory et al., as modified, with a reasonable expectation of success in order to provide a compact hydraulic height adjustment device. (MTD Paragraphs 12-13.)
Claims 34-36 are rejected under 35 U.S.C. 103 as being unpatentable over Flory et al. in view of Kato et al., Milburn (GB 2 338 689 A), Ryan et al., and Rabenseifner (US 4,030,777), Xu (CN 1557645 A (Machine Translation of Description ‘MTD’) and Yamabuki et al. (JP 2007-276525 A; Machine Translation of Description ‘MTD’).
With respect to claim 34 and 36, Flory et al. discloses a utility vehicle (10) having a front portion (14) and a rear portion (18), the utility vehicle, comprising: a plurality of ground-engaging members (22, 24); a frame assembly (12) supported by the plurality of ground-engaging members (22, 24); a powertrain assembly supported by the frame assembly and comprising at least a prime mover (20), the prime mover (20) positioned within the rear portion (18) of the utility vehicle (paragraph 16); a suspension assembly (36) operably coupled to the frame assembly; and a hydraulic assembly (fig. 5) operably coupled to the prime mover (20) and the suspension assembly (36), and the hydraulic assembly (fig. 5) is configured to selectively adjust a height of the suspension assembly relative to a ground surface (paragraph 26). (Figs. 1-9B, paragraphs 16-27.) Flory et al. discloses a power train assembly with a prime mover (20) but does not explicitly disclose a transmission. Kato et al. teaches of a utility vehicle (fig. 1) comprising a powertrain assembly supported by the frame assembly (32) and comprising at least a prime mover (142) and a transmission (144) operably coupled to the prime mover (142), the prime mover (142) positioned within the rear portion (Modified fig. 1, shown below) of the utility vehicle; wherein the prime mover (142) is positioned longitudinally rearward (fig. 3) of the transmission (144). (Figs. 1-5, col. 3, lines 9-67, col. 4.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure in Kato et al. into the invention of Flory et al. with a reasonable expectation of success in order to provide a proper drive train for a vehicle. (Col. 4, lines 17-35.) By implementing the teaching of Kato et al. into Flory et al.; the hydraulic assembly (fig. 5 in Flory et al.) would be operably coupled to the powertrain assembly (20 of the engine in Flory et al. and 150 of the transmission in Brady et al.) and the suspension assembly (36 in Flory et al.). Flory et al., as modified, discloses the hydraulic assembly includes a central reservoir (48) (fig. 5) but is silent regarding at least one shock reservoir, and the central reservoir is configured to provide hydraulic fluid to the at least one shock reservoir. Ryan et al. teaches of at least one shock reservoir (50), and the central reservoir (20) is configured to provide hydraulic fluid to the at least one shock reservoir (50). (Figs. 1-8, paragraphs 26-36.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Ryan et al. into the invention of Flory et al., as modified, with a reasonable expectation of success in order to effectively raise and lower the vehicle. (Paragraph 35.) Flory et al., as modified, is silent regarding a torsion bar. Milburn teaches of at least one torsion bar (58) that supports the suspension assembly (20, 22) (page 6 describes the torsion bar as mounted to the vehicle body and permanently connected to the suspension arms which would provide support to the pistons and coil springs 20, 26). (Fig. 1, pages 4-6, page 8, lines 5-18.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Milburn into the invention of Flory et al., as modified, with a reasonable expectation of success in order to provide a resistance to body roll. (Page 6.) Flory et al., as modified, discloses the shock reservoir connected to the suspension assembly (Ryan, fig. 1) but does not explicitly show the type of connection. Rabenseifner teaches of at least one shock reservoir (13-16) directly attached to the suspension device (5-8). (Fig. 1, col. 7, lines 22-68, cols. 8-11, col. 12, lines 1-39, col. 14, lines 8-9.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Rabenseifner into the invention of Flory et al., as modified, with a reasonable expectation of success in order to act as shock absorbers for their respective wheels. (Col. 7, lines 42-44.) By implementing the structure of the shock reservoir of Rabenseifner into Flory et al.; Flory et al., as modified discloses the at least one shock reservoir (shock reservoir taught by Ryan; placement/location taught by Rabenseifner) is supported by the torsion bar (taught by Milburn). Flory et al., as modified, is silent regarding the pump includes powered and unpowered configurations manually actuated with a clutch interposed between the powertrain and the pump. Yamabuki et al. teaches of a suspension assembly (10FL, FR, RL, and RR) operably coupled to the frame assembly (8); and the plurality of ground-engaging members (4FL, FR, RL, and RR); the pump (MTD paragraph 27 “(f)urthermore, in the above embodiment, the two pumps 60, 61 are driven by individual pump motors 63, 64, respectively, but the two pumps 60, 61 can also be driven by a single common pump motor 228”) includes powered and unpowered configurations (MTD paragraph 20, “For example, when increasing the vehicle height of the left front wheel 4FL, the pump device 68 is operated, the pressure accumulation control valve 90 is opened, and the vehicle height adjusting valve 110FL is opened. The operation of the pump device 68 switches the outflow control valve 106 to a closed state, so that the hydraulic fluid discharged from the pump device 68 is supplied to the suspension cylinder 10FL, increasing the vehicle height. The suspension cylinder 10FL is also supplied with hydraulic fluid from a pressure accumulation accumulator 70. When the actual vehicle height of the left front wheel 4FL reaches the target value, the vehicle height control valve 110FL is shut off and the operation of the pump device 68 is stopped.”) manually actuated (MTD paragraph 18 “The vehicle height adjustment mode selection switch 164 is operated by the driver, and by operating the switch 164, either the automatic mode or the manual mode is selected. The vehicle height adjustment instruction switch 166 is operated by the driver when increasing or decreasing the vehicle height.”) with a clutch interposed between the powertrain and the pump (MTD paragraph 7 “For example, a clutch can be provided between one electric motor and one of two pumps, and by switching the clutch, the output shaft of the electric motor can be connected or disconnected from the drive shaft of one of the pumps”). (Figs. 1-11, MTD paragraphs 5-36.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure in Yamabuki et al. into the invention of Flory et al., as modified, with a reasonable expectation of success in order to supply hydraulic fluid in accordance with the requirements of a hydraulic actuator. (MTD paragraph 3.) Flory et al., as modified, is silent regarding a pulley. Xu teaches of a pump (16), pulley (12), a clutch (11); the pulley (12) and clutch (11) actuate the pump (16) (MTD paragraph 14). (Figs. 1-3, claim 1, MTD paragraphs 10-44.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure in Xu into the invention of Flory et al., as modified, with a reasonable expectation of success in order to avoid the impact of traditional automotive shock absorbers on vehicle driving and handling performance, and to overcome the shortcomings of complex structure and high cost of electronically controlled suspension (EDC) systems. (MTD paragraph 10.)
With respect to claim 35, Flory et al., as modified, discloses the suspension assembly includes a front suspension (36; fig. 3A) and a rear suspension (36; fig. 3A), and the hydraulic assembly is configured to independently adjust the height of the front suspension and the rear suspension (paragraphs 22, 24, 26). (Figs. 1-9B, paragraphs 16-27.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited on the PTO-892 form disclose similar features of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A ENGLISH whose telephone number is (571)270-7014. The examiner can normally be reached Monday-Saturday.
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, Jason Shanske can be reached at 571-270-5985. 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.
/JAMES A ENGLISH/Primary Examiner, Art Unit 3614