DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
Claims 11-14 and 17-30 are pending in the application and have been examined.
Response to Arguments
Applicant’s arguments with respect to claim(s) 11-14 and 17-30 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 § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 26-28 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The limitation, “wherein the creation of the vertical rolling movement is carried out in such a way that a partial area of the vehicle body is excited to a greater extent in comparison to the remaining area of the vehicle body," is repeated verbatim from the independent claim. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 11-14 and 17-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN111873742A) hereinafter Liu and Randolph (US 2022/0032706 A1) hereinafter Randolph.
Claim 11:
Liu discloses a method for operating a motor vehicle [Fig. 3; Claim 1], wherein the motor vehicle has an active wheel suspension, by which each wheel can be subjected individually to vertical forces and/or lifting movements [Claim 1], wherein an actual excitation of the vehicle body of the motor vehicle is determined and the determined actual excitation is compared to a stored reference excitation [Fig. 3, S202; Claim 3], wherein, if the determined actual excitation is less than the stored reference excitation, the active wheel suspension is activated to create a vertical rolling movement of the vehicle body [Fig. 3, S203; Claim 3].
Liu doesn’t explicitly disclose wherein the creation of the vertical rolling movement is carried out in such a way that a partial area of the vehicle body comprising at least one seat is excited to a greater extent in comparison to the remaining area of the vehicle body.
However, Randolph does disclose wherein the creation of the vertical rolling movement is carried out in such a way that a partial area of the vehicle body comprising at least one seat is excited to a greater extent in comparison to the remaining area of the vehicle body. [¶27; a person having ordinary skill in the art would recognize a passenger vehicle commonly has at least four seats, each located closer to an individual corner of the vehicle and therefore exciting one corner of the vehicle would encompass one seat]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the vehicle and suspension of Liu with the bounce of Randolph to enhance the entertainment value of the vehicle for users [¶2].
Claim 12:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 11.
Liu also discloses wherein during the journey of the motor vehicle, it is communicated that the stored reference excitation has not been reached by means of an optical and/or acoustic signal [Fig. 3, S203].
Claim 13:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 11.
Liu also discloses wherein after activation of the active wheel suspension, the creation of the vertical rolling movement of the vehicle body is only carried out after manual activation by the driver [Fig. 3, S201].
Claim 14:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 11.
Liu also discloses wherein after the active wheel suspension has been activated, the creation of the vertical rolling movement of the vehicle body is started automatically [Fig. 3, S202].
Claim 17:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 11.
Liu also discloses wherein in order to create the vertical rolling movement of the vehicle body, the active wheel suspension is excited with a sinusoidal excitation frequency that simulates a random or a real rolling movement on a road [Claim 1].
Claim 18:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 11.
Liu also discloses wherein the vertical rolling movement of the vehicle body is adjustable with respect to intensity and frequency [¶12 of Details: In one embodiment, the generating the target shaking control instruction according to the music information of the music being played and the preset shaking control instruction includes: acquiring the shaking amplitude adjustment information input by the user; and comparing the preset shaking amplitude adjustment information according to the shaking amplitude adjustment information. The amplitude of the waveform is adjusted, and a target shaking control instruction is generated according to the adjusted preset waveform.].
Claim 19:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 11.
Liu also discloses a motor vehicle, comprising an active wheel suspension, by means of which each wheel can be individually subjected to vertical forces and/or lifting movements [Claim 1], and a regulating/control unit that regulates/controls the active wheel suspension [Claims 9-10], wherein the active wheel suspension is operated according to claim 11 [see the above rejection].
Claim 20:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 19.
Liu also discloses wherein the control unit is configured to carry out a method for operating the motor vehicle, wherein the motor vehicle has an active wheel suspension, by means of which each wheel can be subjected individually to vertical forces and/or lifting movements [Claim 1], wherein an actual excitation of the vehicle body of the motor vehicle is determined and the determined actual excitation is compared to a stored reference excitation [Fig. 3, S202; Claim 3], wherein, if the determined actual excitation is less than the stored reference excitation, the active wheel suspension is activated to create a vertical rolling movement of the vehicle body [Fig. 3, S203; Claim 3].
Claim 21:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 12.
Liu also discloses wherein after activation of the active wheel suspension, the creation of the vertical rolling movement of the vehicle body is only carried out after manual activation by the driver [Fig. 3, S201].
Claim 22:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 12.
Liu also discloses wherein after the active wheel suspension has been activated, the creation of the vertical rolling movement of the vehicle body is started automatically [Fig. 3, S202].
Claim 23:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 12.
Liu doesn’t explicitly disclose wherein the creation of the vertical rolling movement is carried out in such a way that a partial area of the vehicle body is excited to a greater extent in comparison to the remaining area of the vehicle body.
However, Randolph does disclose wherein the creation of the vertical rolling movement is carried out in such a way that, apart from the partial area of the vehicle body the vehicle body is exited evenly. [¶27]
Claim 24:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 13.
Liu doesn’t explicitly disclose wherein the creation of the vertical rolling movement is carried out in such a way that, apart from the partial area of the vehicle body the vehicle body is exited evenly.
However, Randolph does disclose wherein the creation of the vertical rolling movement is carried out in such a way that, apart from the partial area of the vehicle body the vehicle body is exited evenly. [¶27]
Claim 25:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 14.
Liu doesn’t explicitly disclose wherein the creation of the vertical rolling movement is carried out in such a way that, apart from the partial area of the vehicle body the vehicle body is exited evenly.
However, Randolph does disclose wherein the creation of the vertical rolling movement is carried out in such a way that, apart from the partial area of the vehicle body the vehicle body is exited evenly. [¶27]
Claim 26:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 12.
Liu doesn’t explicitly disclose wherein the creation of the vertical rolling movement is carried out in such a way that, apart from the partial area of the vehicle body the vehicle body is exited evenly.
However, Randolph does disclose wherein the creation of the vertical rolling movement is carried out in such a way that, apart from the partial area of the vehicle body the vehicle body is exited evenly. [¶27]
Claim 27:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 13.
Liu doesn’t explicitly disclose wherein the creation of the vertical rolling movement is carried out in such a way that, apart from the partial area of the vehicle body the vehicle body is exited evenly.
However, Randolph does disclose wherein the creation of the vertical rolling movement is carried out in such a way that, apart from the partial area of the vehicle body the vehicle body is exited evenly. [¶27]
Claim 28:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 14.
Liu doesn’t explicitly disclose wherein the creation of the vertical rolling movement is carried out in such a way that, apart from the partial area of the vehicle body the vehicle body is exited evenly.
However, Randolph does disclose wherein the creation of the vertical rolling movement is carried out in such a way that, apart from the partial area of the vehicle body the vehicle body is exited evenly. [¶27]
Claim 29:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 12.
Liu also discloses wherein in order to create the vertical rolling movement of the vehicle body, the active wheel suspension is excited with a sinusoidal excitation frequency that simulates a random or a real rolling movement on a road [Claim 1].
Claim 30:
Liu and Randolf, as shown in the rejection above, disclose all the limitations of claim 13.
Liu also discloses wherein in order to create the vertical rolling movement of the vehicle body, the active wheel suspension is excited with a sinusoidal excitation frequency that simulates a random or a real rolling movement on a road [Claim 1].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KURT P LIETHEN whose telephone number is (313)446-6596. The examiner can normally be reached Mon - Fri, 8 AM - 4 PM.
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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.
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KURT P. LIETHEN
Primary Examiner
Art Unit 3747
/KURT PHILIP LIETHEN/ Primary Examiner, Art Unit 3747
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