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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a control unit, a determination unit, a transition unit, and an acquisition unit in claims 1-15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 3, 11, and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite in that it fails to point out what is included or excluded by the claim language. Claims 2 and 11 recite the phrase “assuming that” followed by language in the claims. It is unclear whether or not the language after “assuming that” is to be considered part of the claims or not. This renders the claims as indefinite, vague, and unclear. Appropriate action is required.
Claims 3 and 12 depend from claims 2 and 11, respectively and are rejected for similar reasons.
Claim Rejections - 35 USC § 102
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 –
(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.
Claims 1, 4, and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaneko et al US 2022/0194352.
Regarding claim 1, Kaneko et al discloses a control system 90 of a straddle type vehicle 100 including a front suspension mechanism 5 and a rear suspension mechanism 6, comprising: a detector 45 configured to detect a stroke speed of the front suspension mechanism (see paragraph [0035]); a control unit (90-92b) configured to control a damping force of the rear suspension mechanism (see paragraphs [0031]-[0035]); a determination unit (90-92b) configured to determine an operation state of the straddle type vehicle (see paragraphs [0060]-[0063]); and a transition unit (90-92b) configured to cause a control mode of the rear suspension mechanism controlled by the control unit to transition from a first mode of changing the damping force of the rear suspension mechanism according to a detection result of the detector to a second mode of fixing the damping force of the rear suspension mechanism, when the determination unit determines that the straddle type vehicle is in a predetermined operation state, wherein the transition unit is configured to change a transition time spent for transition of the control mode from the first mode to the second mode, depending on a type of the predetermined operation state. See FIG. 4 and paragraphs [0054], [0055], and [0073]-[0078].
Regarding claim 4, Kaneko et al discloses an acquisition unit (90-92b) configured to acquire information from a sensor group provided in the straddle type vehicle (see paragraph [0018]), wherein the transition unit is configured to change the transition time based on the information acquired by the acquisition unit, for each type of the predetermined operation state. See paragraph [0037].
Regarding claim 13, Kaneko et al discloses straddle type vehicle comprising the control system according to claim 1. See FIG. 1.
Regarding claim 14, Kaneko et al discloses a control method for controlling a damping force of a rear suspension mechanism in a straddle type vehicle 100 including a front suspension 5 mechanism and the rear suspension mechanism 6, comprising: detecting a stroke speed of the front suspension mechanism (see paragraph [0035]); determining an operation state of the straddle type vehicle (see paragraphs [0060]-[0063]); and transiting a control mode of the rear suspension mechanism from a first mode of changing the damping force of the rear suspension mechanism according to a detection result in the detecting to a second mode of fixing the damping force of the rear suspension mechanism, when determining that the straddle type vehicle is in a predetermined operation state in the determining, wherein, in the transiting, a transition time spent for transition of the control mode from the first mode to the second mode is changed depending on a type of the predetermined operation state. See FIG. 4 and paragraphs [0054], [0055], and [0073]-[0078].
Regarding claim 15, Kaneko et al discloses a non-transitory computer-readable storage medium storing a program for causing a computer to execute a control method according to claim 14. See paragraph [0028].
Allowable Subject Matter
Claims 5-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH J DALLO whose telephone number is (313)446-4844. The examiner can normally be reached 7am-7pm ET M-Th.
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/JOSEPH J DALLO/Primary Examiner, Art Unit 3747