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 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 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashida (JP 2569933)(see NPL for translation and original document provided by examiner) and further in view of Keeler (US 20160332497).
In regards to claim 6, A chassis for a commercial vehicle (see fig. 1), the chassis comprising: a vehicle axle (16) configured to support at least two vehicle wheels (18, see fig.3) of the commercial vehicle on a vehicle frame of the commercial vehicle (chassis frame 10), wherein the at least two vehicle wheels (18) are around a respective wheel rotational axis (see fig. 1-3); at least one adjusting device (48) configured so that the vehicle axle (16) is mounted to pivot relative to the vehicle frame (10) around a pivot axis running oblique or perpendicular to the respective wheel rotational axis to achieve cornering or changes of direction of the commercial vehicle (see fig. 3), wherein the chassis further comprises at least one lever (44) pivotable relative to the vehicle frame (10) around a lever axis running oblique or perpendicular to the pivot axis (the vertical direction, see fig. 1), wherein, by the at least one lever (44), an adjusting part (50) of the adjusting device (48) is moveable translationally relative to the vehicle frame (see fig. 1, 2), wherein the adjusting part (50) is coupled to the vehicle axle (16) in such a way that pivoting the vehicle axle (16) can be achieved by the translational movement of the adjusting part (50) via the pivoting of the lever (44), the at least two vehicle wheels (18) are drivable by a drive device of the commercial vehicle and the drive device is pivotable relative to the vehicle frame around the pivot axis by the adjusting device (the axle and thereby wheels pivotally mounted on the upper side of a differential casing 30, a crucial part of the drivetrain, and is pivotable relative to the frame 10 around the pivot axis by the adjusting device 48, see fig. 1), OR the chassis further comprises at least one gas spring (24) configured so that the vehicle axle (16) is supported on the vehicle frame (10),
Hayashida discloses spring (24) is coupled to the vehicle axle in such a way that the piston element is movable translationally in a first movement direction (vertically) relative to the vehicle frame (10) by translational movement of the vehicle axle relative to the vehicle frame in the first movement direction (vertically), wherein capacity of the working chamber (see fig. 2) can be changed (as the frame moves up and down) and the spring (24) is movable in a second movement direction (horizontal direction) relative to the vehicle frame (10), different from the first movement direction (vertical direction), by pivoting the vehicle axle (16) around the pivot axis (28 with pivot rod 26) (“the rotation of the rear axle 16 is performed smoothly by flexing the rubber diaphragm 82 freely in the horizontal direction”, see fig. 2).
Hayashida fails to explicitly disclose the details of the air spring 24 wherein the at least one gas spring (24, see fig.2) has a working chamber configured to receive a fluid and a piston element at least partially delimiting the working chamber and coupled to the vehicle. However, Keeler teaches a comparable spring with damping characteristics for heavy duty vehicles where the spring (224, see fig. 5-6) has a working chamber (241) configured to receive a fluid and a piston element (242) at least partially delimiting the working chamber (241) and coupled to the vehicle (fasteners 245 mounted to the main member 12 of the vehicle see fig. 5) and the piston element (242) moving in both a vertical direction and a horizontal direction (with movement of the beam 18 and axle 32) (see para. 0019). Therefore, it would have been obvious to a person of ordinary skill in the art to have modified the air spring of Hayashida, before the effective filing date with a reasonable expectation of success, in view of Keeler, so as to utilize an air spring with damping characteristics for heavy duty vehicles that may be optimized for different uses without requiring custom design and manufacturing of the air spring for each use (see para. 0013).
In regards to claim 7, Hayashida as combined teaches wherein the adjusting device (48) is a hydraulic adjusting device (hydraulic cylinder).
In regards to claim 8, Hayashida as combined teaches wherein a link rod (38), which is movable translationally relative to the vehicle frame (10), is configured to couple the lever (44) to the vehicle axle (16) in such a way that pivoting of the vehicle axle (16) can be achieved by pivoting the lever (44) via the translational movement of the link rod (38)( see fig. 1,2).
In regards to claim 9, Hayashida in combination teaches wherein the pivot axis runs through the vehicle axle (16, see fig. 3).
In regards to claim 10, Hayashida in combination teaches wherein the vehicle axle is a beam axle (see fig.1, axle 16).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for a list of relevant prior art to the vehicle and chassis claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAITLIN ANNE MILLER whose telephone number is (571)272-4356. The examiner can normally be reached M-F 8:00am-5:00pm (est).
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, Paul Dickson can be reached at 571-272-7742. 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.
/C.A.M./Examiner, Art Unit 3614
/PAUL N DICKSON/Supervisory Patent Examiner, Art Unit 3614