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 .
Examiner Comment - 35 USC § 101
Consistent with the 2019 Patent Eligibility Guidance the claims positively recite lift axles of a heavy vehicle which is statutory subject matter.
Claim Objections
Claim 1 line 3 and claim 13 line 6 objected to because of the following informalities: the hyphen in “level changing rate-limitations” is unconventional and no explanation is provided. Dependent claims 2-12 objected due to dependence from objected base claim. Appropriate correction is required.
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 1-15 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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “report” in claim 5 is used by the claim to mean “unknown,” while the accepted meaning is “a written account.” The term is indefinite because the specification does not clearly redefine the term.
Claim 12 recites the limitation "the lift axle" in line 1. There is insufficient antecedent basis for this limitation in the claim.
The metes and bounds of the claims cannot be determined and are therefore indefinite.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-6,8-13 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Wendling et al US 2011/0276215.
In Re 1-6,8-13, Wendling teaches
1. A computer system for controlling one or more lift axles (120 fig 1 para 16) of a heavy vehicle (optional) or vehicle combination (100,105 fig 1), wherein the computer system comprises processing circuitry (figs 2-3) configured to:
obtain capability data (404 fig 4) indicative of a lift axle capability for each of the one or more lift axles, wherein the capability data is at least indicative of level changing rate-limitations (construed as lift axle deployment sensor 216 reading axle stuck or locked with a rate of 0 Hz) for each of the one or more lift axles (paras 30,33,37-38, especially para 30);
obtain road data (400,402, fig 4, 504 fig 5) pertinent to a road section (506 fig 5) along which the vehicle or vehicle combination is to be driven (para 28);
determine a desired lift axle configuration (508 or 512) for the road section based on the obtained road data, and control (5q4 or 516) a lowering or raising of each of the one or more lift axles based on the obtained capability data, to achieve the desired lift axle configuration at the road section.
2. The computer system of claim 1, wherein the processing circuitry is further configured to determine the desired lift axle configuration in accordance with at least one of (Markush):
a desire to reduce overall tire wear (overly compliant includes a desire raising tire to reduce wear); a desire to increase energy efficiency (optional), and a desire to increase steerability of the vehicle or vehicle combination (optional).
3. The computer system of claim 1, wherein the road data is indicative of one or more regulated axle load (paras 17,22,33 “For example, the suspension sensors 212 may be used in coordination with the axle deployment sensor 216 in determining whether a vehicle is in compliance with applicable weight regulations.”) restrictions at the road section, and wherein the processing circuitry is further configured to determine the desired lift axle configuration in accordance with such restrictions.
4. The computer system of claim 1, wherein to control the lowering or raising of each of the one or more lift axles comprises using the level changing rate-limitations to determine when to start lowering or raising each of the one or more lift axles to achieve the desired lift axle configuration before (para 42) or (optional) at a start of the road section.
5. The computer system of claim 1, wherein the processing circuitry is further configured to both obtain the capability data and control the lowering or raising of each of the one or more lift axles via a same lift axle control/capability report interface (202 fig 2).
6. The computer system of claim 5, wherein the processing circuitry is further configured to control the raising or lowering of each of the one or more lift axles by sending control commands to the interface, the control commands being selected from at least one of (Markush)
i) a set of a desired force (load synonymous with force paras 16,) to be applied by or at the lift axle and a limitation of how much the lift axle should be raised or lowered, and
ii) a set of a desired level to which the lift axle should be raised or lowered and a limitation of how much force that should be applied by or at the lift axle in order to do so (optional).
8. The computer system of claim 1, wherein the processing circuitry is further configured to obtain the road data by communicating with one or more sensors (212-216 fig 2) of the vehicle or vehicle combination.
9. The computer system of claim 1, wherein the processing circuitry is further configured to obtain the road data by communicating with at least one of (Markush):
one or more remote sensors (optional), one or more other vehicle or vehicle combinations having already driven along the road section (optional), and with a cloud-based service (412 fig 4).
10. The computer system of claim 1, wherein the capability data is further at least indicative of at least one of (Markush) level limitations (para 22 “position of vehicles cargo loads”) and force limitations (optional) for each of the one or more lift axles, and wherein the processing circuitry is further configured to use at least one of (Markush) such level limitations and force limitations as part of determining at least one of (Markush) the desired lift axle configuration, controlling the lowering, and raising of each of the one or more lift axles (para 22 the sensors determining position of vehicle cargo loads are used to adjust lift axles).
11. A heavy vehicle or vehicle combination, comprising: one or more lift axles, and the computer system according to claim 1 (see in re 1 as described above over Wendling).
12. The heavy vehicle or vehicle combination of claim 11, further comprising the lift axle control/capability report interface (see in re 5 as described above over Wendling).
13. A computer-implemented method (abstract figs) for controlling one or more lift axles of a heavy vehicle or vehicle combination, wherein the method is performed by processing circuitry of a computer system, wherein the method comprises: obtaining, by the processing circuitry, capability data indicative of a lift axle capability for each of the one or more lift axles, wherein the capability data is at least indicative of level changing rate-limitations for each of the one or more lift axles; obtaining, by the processing circuitry, road data pertinent to a road section along which the vehicle or vehicle combination is to be driven; determining, by the processing circuitry, a desired lift axle configuration for the road section based on the obtained road data, and controlling, by the processing circuitry, a lowering or raising of each of the one or more lift axles based on the obtained capability data, to achieve the desired lift axle configuration at the road section (see in re 1 as described above over Wendling). .
14. A non-transitory computer-readable storage medium (para 23, at least EEPROM) comprising instructions, which when executed by processing circuitry of a computer system, cause the processing circuitry to perform the method of claim 13 (see in re 1 as described above over Wendling).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wendling et al US 2011/0276215 in view of Giovanardi et al US 2023/0152106.
In Re 7, Wendling further teaches the road data is indicative of along the road section, and wherein the processing circuitry is further configured to determine the desired lift axle configuration.
Wendling does not teach however Giovanardi teaches actual or forecasted weather conditions (116,110 fig 1), based also on the weather conditions (control vehicle systems based on input of weather fig 1 106, abstract, para 20). Giovanardi further teaches improving vehicle systems and vehicle user experience based on weather inputs and routing, paras 7,20. It would have been obvious to a person having ordinary skill in the art at the time of the invention (pre-AIA ) or before the effective filing date of the invention (AIA ) to add Giovanardi’s weather conditions to Wendling’s vehicle to improve vehicle systems and user experience.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARL C STAUBACH whose telephone number is (571)272-3748. The examiner can normally be reached Monday - Thursday 7:00 AM to 5:00 PM.
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/CARL C STAUBACH/ Primary Examiner, Art Unit 3747