CTNF 18/656,962 CTNF 90597 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-30-03-h AIA Claim Interpretation Claims 1-20 recite “a snow vehicle”. MPEP211.02(II) states “ During examination, statements in the preamble reciting the purpose or intended use of the claimed invention must be evaluated to determine whether or not the recited purpose or intended use results in a structural difference (or, in the case of process claims, manipulative difference) between the claimed invention and the prior art. If so, the recitation serves to limit the claim. See, e.g., In re Otto, 312 F.2d 937, 938, 136 USPQ 458, 459 (CCPA 1963) (The claims were directed to a core member for hair curlers and a process of making a core member for hair curlers. The court held that the intended use of hair curling was of no significance to the structure and process of making.); In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962) (statement of intended use in an apparatus claim did not distinguish over the prior art apparatus). To satisfy an intended use limitation which is limiting, a prior art structure which is capable of performing the intended use as recited in the preamble meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) (anticipation rejection affirmed based on Board’s factual finding that the reference dispenser (a spout disclosed as useful for purposes such as dispensing oil from an oil can) would be capable of dispensing popcorn in the manner set forth in appellant’s claim 1 (a dispensing top for dispensing popcorn in a specified manner)) and cases cited therein.”. In this instance, the recitation of “snow” vehicle is merely a recited intended use of the claimed vehicle. The recitation does not result in structural difference between the claimed invention and the prior art. For the purpose of examination over the prior art with respect to “a snow vehicle”, any prior art structure which is capable of performing the claimed method in a “snow” environment will be construed as meeting the limits of the claim(s). Claim Rejections - 35 USC § 112 07-34-01 Claim 14 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 14 recites the limitation "the threshold value" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination over the prior art, Claim 14 will be construed as: The system of claim 11 9 , wherein the threshold value corresponds to a one-percent gradient. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-12-aia AIA (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. 07-15-aia AIA Claim (s) 1, 4-6, 8-10, 15, 17-19, are rejected under 35 U.S.C. 102 a1 as being anticipated by Siden et al. (WO2013158015A1). Siden discloses “The present invention relates to a method for safe loading and unloading of motor vehicles, comprising the step of using the vehicle's air suspension system to adjust the slope of the vehicle's load plane to a substantially horizontal position, which step of adjusting the slope of the load plane comprises the steps of using slope sensor means (210) to obtain (S1 ) information about the slope of the load plane and using the vehicle's air suspension system (220) to adjust (S2) the slope of the load plane to substantially horizontal positions on the basis of said information. The present invention relates also to a system for safe loading and unloading of motor vehicles. The present invention relates also to a motor vehicle. The present invention relates also to a computer programme and a computer programme product.” (Abstract) . Regarding Claim 1, Siden discloses A method (“In one embodiment of the method, the slope of the load plane is adjusted both in the vehicle's longitudinal direction and transversely thereto by using forward and/or rear air suspension means, and/or right and/or left air suspension means, of the vehicle's air suspension system. Optimisation of the adjustment according to desired use of air suspension means is thus made possible.”) of loading a body spring (Fig. 1-3, “air suspension system 220”) of a snow vehicle (Fig. 1, item 1 and Fig. 4b/4c)) , the method comprising: generating a pre-load compression value for the body spring (“air suspension means of the air suspension system 220 are adapted to adjusting the height on the basis of said adjustment data in the form of height data pertaining to air suspension means or, alternatively, pressure data for air pressures in air suspension means. Said adjustment data correspond to a certain change in the height of respective air suspension means”) based upon the status of a pre-load indicator (“The system I further comprises an operating means 230 to activate said adjustment of the slope of the vehicle's load plane to substantially horizontal positions. Said operating means is preferably situated close to the driver's location to provide him/her with easy access before said adjustment . It takes in one variant the form of a push- button , a rotary means or equivalent for activating said adjustment. “) ; generating a slope signal in response to the output of an accelerometer (“said slope sensor means 210 comprise accelerometer means 212. In one variant said accelerometer means forms part of the vehicle's normal accelerometer configuration for its anti-skid system”) ; generating a slope offset value based upon the slope signal; and applying a resultant load to the body spring (“ said first and second air suspension means are pressure- connected in such a way that raising and lowering of the forward axle X1 is effected, and said third and fourth air suspension means are connected in such a way that raising and lowering of the powered rear axle X2 is effected. This variant thus makes it possible to raise and lower the rear and front of the vehicle”) , the resultant load equaling the combination of the pre-load compression value and the slope offset value (“The electronic control unit 200 is in one variant adapted to processing said acceleration data in order to determine slope angles and to using said slope angles relative to the horizontal plane and said vehicle-specific parameters as a basis for determining height positions of the respective air suspension means relative to the horizontal plane .”) Regarding Claim 4, Siden discloses wherein the pre-load indicator is determined by the position of a switch (“operating means 230… It takes in one variant the form of a push- button , a rotary means or equivalent for activating said adjustment. “) Regarding Claim 5, Siden discloses wherein the accelerometer is one sensor in a sensor array, and the generating the slope signal is in response to the output of the sensor array (“said slope sensor means 210 comprise accelerometer means 212….said accelerometer means forms part of the vehicle's normal accelerometer configuration for its anti-skid system”; see Fig. 3, sensors 212, 214, 216) Regarding Claim 6, Siden discloses wherein pre-load compression value is selected from a plurality of pre-determined values (“air suspension means of the air suspension system 220 are adapted to adjusting the height on the basis of said adjustment data in the form of height data pertaining to air suspension means or, alternatively, pressure data for air pressures in air suspension means. Said adjustment data correspond to a certain change in the height of respective air suspension means ”; adjustment data is corresponding to a certain change in height is referencing predetermined relationships) Regarding Claim 8, Siden discloses wherein the method is performed reactively during operation of the snow vehicle, such that the pre-load compression value is generated in response to extant conditions, the slope offset value is generated in response to the extant conditions, and the resultant load is dynamically applied to the body spring responsively to the pre-load compression value and the slope offset value (“said slope sensor means 210 are configured, during adjustment of the slope of the vehicle's load plane to a substantially horizontal position, to continuously receive information about the slope of the vehicle's load plane and send vehicle slope data to the electronic control unit 200 for processing, to which the control unit responds by continuously sending adjustment data to the air suspension system 220 for adjustment. In this case said adjustment is effected by an iteration procedure in order to achieve a substantially horizontal position of the vehicle's load plane. The adjustment in this variant is consequently arranged to be effected by iteration”; system is configured to continuously adjust the slope of the vehicles load plane relative to the ground plane based on sensory input 212, 214, 216, Fig. 3) Regarding Claim 9, Siden discloses A control system (Fig. 1-3; “The electronic control unit 200”) of a snow vehicle (Fig. 1, 1) comprising: a control circuit (Fig. 1-3; “The electronic control unit 200”) having a first output to control a braking mechanism (“the slope sensor means is an integral part of a further electronic control unit, e.g. the vehicle's brake system”) of the snow vehicle and a second output to control a load compression of a body spring (air suspension units B1, B2, B3, B4) of the snow vehicle; an inertial measurement unit having a sensor and in data communication with the control circuit, the inertial measurement unit indicating extant conditions of the snow vehicle (“The electronic control unit 200 is signal-connected to said accelerometer means 212 in order to obtain information about the slope of the vehicle's load plane via a link 12”) ; a pre-load indicator switch indicating a pre-load condition of the body spring (“operating means 230… It takes in one variant the form of a push- button , a rotary means or equivalent for activating said adjustment. “) ; and a load adjuster (F ig. 2, “air valve configuration 100”) configured to apply a compressive load to the body spring in response to a signal from the second output, wherein the load adjuster applies a compressive load to the body spring responsively to the pre-load condition and extant conditions according to a signal of the second output of the control circuit. (“said slope sensor means 210 are configured, during adjustment of the slope of the vehicle's load plane to a substantially horizontal position, to continuously receive information about the slope of the vehicle's load plane and send vehicle slope data to the electronic control unit 200 for processing, to which the control unit responds by continuously sending adjustment data to the air suspension system 220 for adjustment. In this case said adjustment is effected by an iteration procedure in order to achieve a substantially horizontal position of the vehicle's load plane. The adjustment in this variant is consequently arranged to be effected by iteration”; system is configured to continuously adjust the slope of the vehicles load plane relative to the ground plane based on sensory input 212, 214, 216, Fig. 3) Regarding Claim 10, Siden discloses wherein the sensor is an accelerometer (“said slope sensor means 210 comprise accelerometer means 212. In one variant said accelerometer means forms part of the vehicle's normal accelerometer configuration for its anti-skid system”) Regarding Claim 15, Siden discloses wherein the pre-load compression value is selected from a plurality of pre-determined values (“air suspension means of the air suspension system 220 are adapted to adjusting the height on the basis of said adjustment data in the form of height data pertaining to air suspension means or, alternatively, pressure data for air pressures in air suspension means. Said adjustment data correspond to a certain change in the height of respective air suspension means ”; adjustment data is corresponding to a certain change in height is referencing predetermined relationships) Regarding Claim 17, Siden discloses wherein the control circuit comprises a digital circuit (Fig. 5; “The control unit 200 described with reference to Figure 3 may in one version comprise the device 500. The device 500 comprises a non-volatile memory 520, a data processing unit 510 and a read/write memory 550. The non-volatile memory has a first memory element 530 in which a computer programme, e.g. an operating system, is stored for controlling the function of the device 500. The device 500 further comprises a bus controller, a serial communication port, I/O means, an A/D converter, a time and date input and transfer unit, an event counter and an interruption controller (not depicted). The non-volatile memory has also a second memory element 540.”) Regarding Claim 18, Siden discloses wherein the inertial measurement unit comprises a digital circuit Fig. 5; “The control unit 200 described with reference to Figure 3 may in one version comprise the device 500. The device 500 comprises a non-volatile memory 520, a data processing unit 510 and a read/write memory 550. The non-volatile memory has a first memory element 530 in which a computer programme, e.g. an operating system, is stored for controlling the function of the device 500. The device 500 further comprises a bus controller, a serial communication port, I/O means, an A/D converter, a time and date input and transfer unit, an event counter and an interruption controller (not depicted). The non-volatile memory has also a second memory element 540… The signals received on the data port may be used by the device 500 to obtain via slope sensor means information about the slope of the vehicle's load plane. The signals received on the data port may be used by the device 500 to employ the vehicle's air suspension system to adjust the slope of the load plane to substantially horizontal positions on the basis of said information.”) Regarding Claim 19, Siden discloses A control system (Fig. 1-3; “The electronic control unit 200”) of a snow vehicle (Fig. 1, 1) comprising: a control circuit (Fig. 1-3; “The electronic control unit 200”) having an output to control a pre-load compression of a body spring of the snow vehicle (Fig. 2-3, “The electronic control unit 200 is signal-connected to said air suspension system 220 for adjustment of the slope of the vehicle's load plane, via a link 20a which enables it to send to said system 220 a signal which represents adjustment data for adjustment of the slope of the load plane”) ; an inertial measurement unit having a sensor and in data communication with the control circuit ((“The electronic control unit 200 is signal-connected to said accelerometer means 212 in order to obtain information about the slope of the vehicle's load plane via a link 12”) , the inertial measurement unit indicating extant conditions (“slope of the load plane”) of the snow vehicle; a pre-load indicator switch (“operating means 230… It takes in one variant the form of a push- button , a rotary means or equivalent for activating said adjustment. “) indicating a pre-load condition of the body spring; and a load adjuster (F ig. 2, “air valve configuration 100”) configured configured to apply a compressive load to the body spring in response to a signal from the output, wherein the load adjuster applies a compressive load to the body spring responsively to the pre-load condition and the extant conditions according to a signal of the output of the control circuit. (“said slope sensor means 210 are configured, during adjustment of the slope of the vehicle's load plane to a substantially horizontal position, to continuously receive information about the slope of the vehicle's load plane and send vehicle slope data to the electronic control unit 200 for processing, to which the control unit responds by continuously sending adjustment data to the air suspension system 220 for adjustment. In this case said adjustment is effected by an iteration procedure in order to achieve a substantially horizontal position of the vehicle's load plane. The adjustment in this variant is consequently arranged to be effected by iteration”; system is configured to continuously adjust the slope of the vehicles load plane relative to the ground plane based on sensory input 212, 214, 216, Fig. 3) 07-15-aia AIA Claim (s) 1, 9, 19 are rejected under 35 U.S.C. 102 a1 as being anticipated by Ali et al. (U.S. 2023/0294473A1). Ali discloses “Aspects of the present invention relate to a method and to a control system for controlling an active suspension of a vehicle, the control system comprising one or more controllers, the control system configured to: obtain information indicative of a change of gradient of a driving surface in a direction of travel; and control the active suspension to adjust relative ride height between a front and rear of a vehicle body of the vehicle above the driving surface beneath the vehicle in dependence on the change of gradient.” (Abstract) Regarding Claim 1, Ali discloses: A method (Fig. 5) of loading a body spring (Fig. 4; “The active suspension 402 may be configured for active spring control. The active spring control may be controlled using a pump-controlled pneumatic system, or equivalent. Spring force (spring rate) may be controllable. Ride height of the vehicle body 302 above a prevailing driving surface may be controllable.”; ¶0062) of a snow vehicle, the method comprising: generating a pre-load compression value for the body spring based upon the status of a pre-load indicator (¶0153; “The mode change may occur automatically or in response to a user selection via HMI 412”) ; generating a slope signal in response to the output of an accelerometer (Fig. 5, s502; ¶0101; “ the target is adjusted to vary the control output (e.g. force demands) to cause the vehicle body pitch angle to be adjusted to/maintained at an angle corresponding to a horizontal horizon. The horizontal horizon is slope invariant. The horizontal horizon may be known via the IMU 408 or other accelerometer on the vehicle 10 . The horizontal horizon forms a target/setpoint.”) ; generating a slope offset value based upon the slope signal (Fig. 5, S506) ; and applying a resultant load to the body spring, the resultant load equaling the combination of the pre-load compression value and the slope offset value (¶0102; “FIG. 6 ( a ) shows the vehicle body 302 of the vehicle 10 remaining horizontal to the horizon as it enters the up-slope from a horizontal/level driving surface. Since the change of gradient is positive, the adjusted target may cause the active suspension 402 to raise the rear and/or lower the front of the vehicle body 302 . FIG. 6 ( a ) shows the rear of the vehicle 10 rising due to the adjusted target.”) Regarding Claim 9, Ali discloses: A control system (Fig. 4, control system 2) of a snow vehicle (Fig. 4, 400) comprising: a control circuit (Fig. 2, controller 20; ¶0048; ¶0070), having a first output to control a braking mechanism (¶0069;” the vehicle 10 may comprise a lower level autonomous driving mode for at least one driving task (steering/acceleration/braking) and a non-autonomous driving mode.) of the snow vehicle and a second output to control a load compression of a body spring of the snow vehicle (¶0092, Fig. 5) ; an inertial measurement unit (Fig. 4, ¶0070; “An inertial measurement unit (IMU 408 )”) having a sensor (¶0086; accelerometer) and in data communication with the control circuit, the inertial measurement unit indicating extant conditions of the snow vehicle (¶0086; “ information indicative of a detected change of gradient may measure the effect of a changing gradient on the vehicle's pitch angle. An example implementation comprises basing the information on measurements from at least one accelerometer and/or other sensor on the vehicle 10”) ; a pre-load indicator switch (¶0153; “The mode change may occur automatically or in response to a user selection via HMI 412”) indicating a pre-load condition of the body spring; and a load adjuster configured to apply a compressive load to the body spring in response to a signal from the second output (¶0062 “The active suspension 402 may be configured for active spring control. The active spring control may be controlled using a pump-controlled pneumatic system, or equivalent. Spring force (spring rate) may be controllable. Ride height of the vehicle body 302 above a prevailing driving surface may be controllable. The active suspension 402 may be configured for active force control, independent of wheel-to-body motion.”; control circuit adjusts active suspension based on detected terrain gradient) , wherein the load adjuster applies a compressive load to the body spring responsively to the pre-load condition and extant conditions according to a signal of the second output of the control circuit (¶0092; Fig. 5; “the control system 2 outputs a control signal that controls, at least in part, the active suspension 402 . The control signal may comprise force demands such as the spring force demands and/or damping force demands and/or active force demands, for example. Changing the force demands differently for the front and rear active springs will affect the pitch angle of the vehicle body 302 relative to the prevailing driving surface. The prevailing driving surface is the surface upon which the vehicle is standing as any given moment during travel or at rest.”) Regarding Claim 19, Ali discloses A control system (Fig. 4, control system 2) of a snow vehicle (Fig. 4, 400) comprising: a control circuit (Fig. 2, controller 20; ¶0048; ¶0070), an output to control a pre-load compression of a body spring of the snow vehicle (¶0092, Fig. 5) ; an inertial measurement unit (Fig. 4, ¶0070; “An inertial measurement unit (IMU 408 )”) having a sensor (¶0086; accelerometer) and in data communication with the control circuit, the inertial measurement unit indicating extant conditions of the snow vehicle (¶0086; “ information indicative of a detected change of gradient may measure the effect of a changing gradient on the vehicle's pitch angle. An example implementation comprises basing the information on measurements from at least one accelerometer and/or other sensor on the vehicle 10”) ; a pre-load indicator switch (¶0153; “The mode change may occur automatically or in response to a user selection via HMI 412”) indicating a pre-load condition of the body spring; and a load adjuster configured to apply a compressive load to the body spring in response to a signal from the output (¶0062 “The active suspension 402 may be configured for active spring control. The active spring control may be controlled using a pump-controlled pneumatic system, or equivalent. Spring force (spring rate) may be controllable. Ride height of the vehicle body 302 above a prevailing driving surface may be controllable. The active suspension 402 may be configured for active force control, independent of wheel-to-body motion.”; control circuit adjusts active suspension based on detected terrain gradient) , wherein the load adjuster applies a compressive load to the body spring responsively to the pre-load condition and the extant conditions according to a signal of the output of the control circuit (¶0092; Fig. 5; “the control system 2 outputs a control signal that controls, at least in part, the active suspension 402 . The control signal may comprise force demands such as the spring force demands and/or damping force demands and/or active force demands, for example. Changing the force demands differently for the front and rear active springs will affect the pitch angle of the vehicle body 302 relative to the prevailing driving surface. The prevailing driving surface is the surface upon which the vehicle is standing as any given moment during travel or at rest.”) Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Siden et al. (WO2013158015A1) Regarding Claims 7 and 16, Siden discloses all the elements of Claims 6 and 15 respectively, as indicated above and further discloses “the slope of the load plane is adjusted both in the vehicle's longitudinal direction and transversely thereto by using forward and/or rear air suspension means, and/or right and/or left air suspension means, of the vehicle's air suspension system. Optimisation of the adjustment according to desired use of air suspension means is thus made possible” (Page 5 line 14+) and “The electronic control unit 200 is in one variant adapted to processing said pressure data in order to determine slope angles and to using said slope angles relative to the horizontal plane and said vehicle-specific parameters as a basis for determining height positions of the respective air suspension means relative to the horizontal plane. The electronic control unit 200 is in one variant adapted to processing said angle data for slope angles relative to the horizontal plane and said vehicle- specific parameters to determine height positions of the respective air suspension means relative to the horizontal plane. In this case, air suspension means of the air suspension system 220 are adapted to adjusting the height on the basis of said adjustment data in the form of height data pertaining to air suspension means or, alternatively, pressure data for air pressures in air suspension means. Said adjustment data correspond to a certain change in the height of respective air suspension means.” (Page 11 line 26+). Therefore Siden discloses a control unit configured with predetermined pre-load compression values (Pressure data) corresponding to certain predetermined changes in height of the respective air suspension actuator(s). Siden does not explicitly teach: wherein the pre-determined values correspond to pre-loads of 0 bar, 25 bar, and 30 bar of the body spring However, it is observed that optimum predetermined suspension pressure values a result effective variable because the prior art discloses that with respect to the disclosed vehicle air suspension, certain changes in suspension height result from certain predetermined certain air pressures. It would have been obvious to one of ordinary skill in the art at the time the invention was made to arrive at the claimed invention wherein the pre-determined values correspond to pre-loads of 0 bar, 25 bar, and 30 bar of the body spring , since it has been held that discovering an optimum values of a result effective variable (pre-load pressure(s)) involves only routine skill in the art. (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)). (A particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977) (The claimed wastewater treatment device had a tank volume to contractor area of 0.12 gal./sq. ft. The prior art did not recognize that treatment capacity is a function of the tank volume to contractor ratio, and therefore the parameter optimized was not recognized in the art to be a result- effective variable.). See also In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980) (prior art suggested proportional balancing to achieve desired results in the formation of an alloy) . 07-21-aia AIA Claim (s) 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Siden et al. (WO2013158015A1) in view of Edren et al. (US 11458796 B2). Edren discloses “A suspension system may include a pneumatic spring at each wheel of a vehicle. The suspension system may be configured to determine and achieve a pressure set point in each of the pneumatic springs and a target ride height at each wheel of the vehicle. The pressure set point may be determined based on a load at each of the wheels and the center of gravity of the vehicle, such that upon reaching the pressure set point at each in each of the pneumatic springs, a target load and target ride height may be achieved at each of the wheels of the vehicle. The system may also be used to level the ride height of the vehicle and/or achieve a desired orientation.” (Abstract) and “a suspension system including hydraulic and/or pneumatic components” (Col. 13 line 21) . Regarding Claims 12 and 20, Siden disclose all the elements of Claims 9 and 19 respectively. Siden discloses the vehicle suspension system is an ‘air’ (i.e. pneumatic) suspension system for adjusting vehicle slope angle relative to the horizontal plane. Therefore Siden does not explicitly teach: wherein the (second) output is a hydraulic control output Edren discloses “a suspension system including hydraulic and/or pneumatic components” (Col. 13 line 21) for the purpose of adjusting vehicle slope angle relative to a horizontal plane (e.g. see Fig. 4a). “The Court quoting In re Kahn , 441 F.3d 977, 988, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006), stated that “‘[R]ejections on obviousness cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.’” KSR, 550 U.S. at ___, 82 USPQ2d at 1396. Exemplary rationales that may support a conclusion of obviousness include: (B) Simple substitution of one known element for another to obtain predictable results Here, it would have been obvious to one skilled in the art at the time of the invention to include the wherein the (second) output is a hydraulic control output by Simple Substitution as taught by Edren into the teachings of Siden because it does no more than yield predictable results of similarly adjusting vehicle slope angle relative to a horizontal plane using an alternate medium ( hydraulic fluid instead of pneumatic air) in the suspension actuators since it has been held that the combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results (MPEP 2143) . 07-21-aia AIA Claim (s) 2, 3, 11, and 14are rejected under 35 U.S.C. 103 as being unpatentable over Siden et al. (WO2013158015A1) in view of Birch et al. (U.S. 2023/0271469A1). Birch discloses “Decision block 1206 comprises determining a magnitude of slope of the surface. The method 1200 at least requires the magnitude to be above a threshold. If the magnitude is above a threshold, the method 1200 continues. If the magnitude is below the threshold, the method 1200 terminates. This is because a level platform is more beneficial for steeper slopes. The magnitude may be determined from the IMU 408 , the map data, the localization sensor 406 , or a combination thereof.” (Fig. 12, 13b; ¶0155) . Regarding Claim 2 Siden discloses all the elements of Claim 1 but does not explicitly disclose: wherein the slope offset value is positive in response to the slope signal indicating a motion of the snow vehicle along a negative gradient, the slope offset value is negative in response to the slope signal indicating a motion of the snow vehicle along a positive gradient, and the slope offset is zero in response to the slope signal indicating motion of the snow vehicle on a gradient with an absolute value below a threshold value, and wherein the resultant load equals a sum of the pre-load compression value and the slope offset value Birch teaches: wherein the slope offset value is positive in response to the slope signal indicating a motion of the snow vehicle along a negative gradient (Fig. 12, S1214) , the slope offset value is negative in response to the slope signal indicating a motion of the snow vehicle along a positive gradient (Fig. 12, S1212) , and the slope offset is zero in response to the slope signal indicating motion of the snow vehicle on a gradient with an absolute value below a threshold value (Fig. 12, S1206, if slope is less than a threshold slope then no slope offset is generated) , and wherein the resultant load equals a sum of the pre-load compression value and the slope offset value (Fig. 12, ¶0161; “The control system 2 may be configured to determine the difference and control the active suspension 402 to reduce the difference. Whether the difference can be eliminated is constrained by maximum suspension travel.”) in order to provide an adaptive compromise between driver/passenger comfort and improved road handling (¶0002). It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the vehicle suspension control system of Siden to incorporate the teachings of Birch to include wherein the slope offset value is positive in response to the slope signal indicating a motion of the snow vehicle along a negative gradient, the slope offset value is negative in response to the slope signal indicating a motion of the snow vehicle along a positive gradient, and the slope offset is zero in response to the slope signal indicating motion of the snow vehicle on a gradient with an absolute value below a threshold value, and wherein the resultant load equals a sum of the pre-load compression value and the slope offset value in order to provide an adaptive compromise between driver/passenger comfort and improved road handling (¶0002). Regarding Claim 3, Birch teaches “The method 1200 at least requires the magnitude to be above a threshold. If the magnitude is above a threshold, the method 1200 continues. If the magnitude is below the threshold, the method 1200 terminates. This is because a level platform is more beneficial for steeper slopes.” (¶0155). Therefore Birch teaches: wherein the threshold value corresponds to a predetermined gradient (¶0155) It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the vehicle suspension control system of Siden to incorporate the teachings of Birch to include wherein the threshold value corresponds to a predetermined gradient in order to provide an adaptive compromise between driver/passenger comfort and improved road handling (¶0002). Birch does not explicitly teach wherein the threshold value is a “ one-percent ” gradient. However, it is observed that an optimum predetermined threshold gradient value is a result effective variable because the prior art discloses that with respect to the disclosed vehicle control method, gradients below a predetermined threshold are viewed as being sufficiently small as to not warrant active suspension adjustment. It would have been obvious to one of ordinary skill in the art at the time the invention was made to arrive at the claimed invention wherein the threshold value is a “ one-percent ” gradient, since it has been held that discovering an optimum values of a result effective variable (pre-load pressure(s)) involves only routine skill in the art. (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)). (A particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977) (The claimed wastewater treatment device had a tank volume to contractor area of 0.12 gal./sq. ft. The prior art did not recognize that treatment capacity is a function of the tank volume to contractor ratio, and therefore the parameter optimized was not recognized in the art to be a result- effective variable.). See also In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980) (prior art suggested proportional balancing to achieve desired results in the formation of an alloy). Regarding Claim 11, Siden discloses all the elements of Claim 9 but does not explicitly disclose: wherein the slope offset value is positive in response to the slope signal indicating a motion of the snow vehicle along a negative gradient, the slope offset value is negative in response to the slope signal indicating a motion of the snow vehicle along a positive gradient, and the slope offset is zero in response to the slope signal indicating motion of the snow vehicle on a gradient with an absolute value below a threshold value Birch teaches: wherein the slope offset value is positive in response to the slope signal indicating a motion of the snow vehicle along a negative gradient (Fig. 12, S1214) , the slope offset value is negative in response to the slope signal indicating a motion of the snow vehicle along a positive gradient (Fig. 12, S1212) , and the slope offset is zero in response to the slope signal indicating motion of the snow vehicle on a gradient with an absolute value below a threshold value (Fig. 12, S1206, if slope is less than a threshold slope then no slope offset is generated) , (Fig. 12, ¶0161; “The control system 2 may be configured to determine the difference and control the active suspension 402 to reduce the difference. Whether the difference can be eliminated is constrained by maximum suspension travel.”) in order to provide an adaptive compromise between driver/passenger comfort and improved road handling (¶0002). It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the vehicle suspension control system of Siden to incorporate the teachings of Birch to include wherein the slope offset value is positive in response to the slope signal indicating a motion of the snow vehicle along a negative gradient, the slope offset value is negative in response to the slope signal indicating a motion of the snow vehicle along a positive gradient, and the slope offset is zero in response to the slope signal indicating motion of the snow vehicle on a gradient with an absolute value below a threshold value in order to provide an adaptive compromise between driver/passenger comfort and improved road handling (¶0002). Regarding Claim 14, Birch teaches “The method 1200 at least requires the magnitude to be above a threshold. If the magnitude is above a threshold, the method 1200 continues. If the magnitude is below the threshold, the method 1200 terminates. This is because a level platform is more beneficial for steeper slopes.” (¶0155). Therefore Birch teaches: wherein the threshold value corresponds to a predetermined gradient (¶0155) It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the vehicle suspension control system of Siden to incorporate the teachings of Birch to include wherein the threshold value corresponds to a predetermined gradient in order to provide an adaptive compromise between driver/passenger comfort and improved road handling (¶0002). Birch does not explicitly teach wherein the threshold value is a “ one-percent ” gradient. However, it is observed that an optimum predetermined threshold gradient value is a result effective variable because the prior art discloses that with respect to the disclosed vehicle control method, gradients below a predetermined threshold are viewed as being sufficiently small as to not warrant active suspension adjustment. It would have been obvious to one of ordinary skill in the art at the time the invention was made to arrive at the claimed invention wherein the threshold value is a “ one-percent ” gradient, since it has been held that discovering an optimum values of a result effective variable (pre-load pressure(s)) involves only routine skill in the art. (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)). (A particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977) (The claimed wastewater treatment device had a tank volume to contractor area of 0.12 gal./sq. ft. The prior art did not recognize that treatment capacity is a function of the tank volume to contractor ratio, and therefore the parameter optimized was not recognized in the art to be a result- effective variable.). See also In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980) (prior art suggested proportional balancing to achieve desired results in the formation of an alloy) . 07-21-aia AIA Claim (s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Siden et al. (WO2013158015A1) in view of Aoki et al. (U.S. US 20180281878 A1). Aoki discloses (Fig. 20) “FIG. 20 An outline diagram showing an exemplary state when the passenger vehicle according to another embodiment is traveling uphill, in which FIG. 20A shows a state before the attitude angle of a driver seat surface is changed, and FIG. 20B shows a state after the attitude angle of the driver seat surface is changed.” (¶0046) Regarding Claim 13, Siden discloses all the elements of Claim 9 and further discloses wherein the compression state of the body spring further adjusts the attitude of a body of the snow vehicle (Fig. 4b). Siden further discloses that the vehicle is controlled by a “driver/operator” (i.e. a“rider”, see page 3 line 6) but does not explicitly disclose wherein “the body including a seat for a rider”. Aoki discloses “A passenger vehicle provided with a steering handle ( 15 ) and configured such that an attitude angle of the driver seat surface ( 14 a ) relative to a horizontal reference plane is changeable, so that a first attitude changing operation switch ( 25 ) and a second attitude changing operation switch ( 26 ) for changing the attitude angle are disposed in such positions as to be operable with a thumb of the driver of the vehicle from a steering handle grip ( 18 ) of the steering handle ( 15 ).” (Abstract) and “when traveling uphill such as when climbing up a slope face toward the higher side; from the state shown in FIG. 20A, the hydraulic cylinder 262 of the front suspension 250 is extended so that the left and right front crawler traveling devices 30 R, 30 L integrally swing upward, and the hydraulic cylinder of the rear suspension is retracted so that the left and right rear crawler traveling devices 70 R, 70 L integrally swing downward, thereby changing and controlling the attitude angle of the driver seat surface 14 a to be horizontal as shown in FIG. 20B.” (¶0208) PNG media_image1.png 800 603 media_image1.png Greyscale Therefore Aoki teaches: wherein the vehicle body including a seat for a rider (Fig. 20a/b, Fig. 1 Seat surface 14a) in order to provide the driver/operator something to sit on and in order that “the attitude angle of a driver seat surface relative to a horizontal reference plane is made changeable, for the purpose of improvement in traveling stability and driving operability during traveling in a place having contours or slopes, such as uneven ground”. (¶0002) It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the vehicle suspension system of Siden to incorporate the teachings of Aoki to include wherein “the body including a seat for a rider (driver) in order to provide the driver/operator something to sit on and in order that “the attitude angle of a driver seat surface relative to a horizontal reference plane is made changeable, for the purpose of improvement in traveling stability and driving operability during traveling in a place having contours or slopes, such as uneven ground”. (¶0002) Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Unger et al. (U.S. 2018/0037081A1) discloses “The invention relates to a method for compensating for vertically oriented movements of a superstructure of a vehicle. The vehicle is provided with the superstructure and with an active undercarriage having a plurality of wheel which are in contact with the carriageway, wherein each wheel is connected via an actuator adjustable over its length at a wheel assigned to a suspension point with the superstructure. Vertically oriented movements of the superstructure are caused by an inclination of the carriageway and by unevennesses of the carriageway, a first change of the length of at least one actuator is carried out for frequencies in a first, lower frequency range, and a second change of the length of the at least one actuator is carried out for frequencies in a second, higher frequency range.” (Abstract) Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R KIRBY whose telephone number is (571)270-3665. The examiner can normally be reached Telework: M-F, 9a-5p. 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, Lindsay Low can be reached at 571-272-1196. 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. /BRIAN R KIRBY/Examiner, Art Unit 3747 /LINDSAY M LOW/Supervisory Patent Examiner, Art Unit 3747 Application/Control Number: 18/656,962 Page 2 Art Unit: 3747 Application/Control Number: 18/656,962 Page 3 Art Unit: 3747 Application/Control Number: 18/656,962 Page 4 Art Unit: 3747 Application/Control Number: 18/656,962 Page 5 Art Unit: 3747 Application/Control Number: 18/656,962 Page 6 Art Unit: 3747 Application/Control Number: 18/656,962 Page 7 Art Unit: 3747 Application/Control Number: 18/656,962 Page 8 Art Unit: 3747 Application/Control Number: 18/656,962 Page 9 Art Unit: 3747 Application/Control Number: 18/656,962 Page 10 Art Unit: 3747 Application/Control Number: 18/656,962 Page 11 Art Unit: 3747 Application/Control Number: 18/656,962 Page 12 Art Unit: 3747 Application/Control Number: 18/656,962 Page 13 Art Unit: 3747 Application/Control Number: 18/656,962 Page 14 Art Unit: 3747 Application/Control Number: 18/656,962 Page 15 Art Unit: 3747 Application/Control Number: 18/656,962 Page 16 Art Unit: 3747 Application/Control Number: 18/656,962 Page 17 Art Unit: 3747 Application/Control Number: 18/656,962 Page 18 Art Unit: 3747 Application/Control Number: 18/656,962 Page 19 Art Unit: 3747 Application/Control Number: 18/656,962 Page 20 Art Unit: 3747 Application/Control Number: 18/656,962 Page 21 Art Unit: 3747 Application/Control Number: 18/656,962 Page 22 Art Unit: 3747 Application/Control Number: 18/656,962 Page 23 Art Unit: 3747 Application/Control Number: 18/656,962 Page 24 Art Unit: 3747
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