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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 2-3, and 8-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, and 35-40 of U.S. Patent No. 10,987,987. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claims 1 and 35 of U.S. Patent No. 10,987,987 read on claims 2 and 3 of the instant application.
Claims 1 and 35 of U.S. Patent No. 10,987,987 read on claim 8 of the instant application.
Claims 1 and 35-36 of U.S. Patent No. 10,987,987 read on claim 9 of the instant application.
Claims 1, 35, and 37 of U.S. Patent No. 10,987,987 read on claim 10 of the instant application.
Claims 1, 35, and 38 of U.S. Patent No. 10,987,987 read on claim 11 of the instant application.
Claims 1, 35, and 39 of U.S. Patent No. 10,987,987 read on claim 12 of the instant application.
Claims 1, 35, and 40 of U.S. Patent No. 10,987,987 read on claim 13 of the instant application.
Allowable Subject Matter
Claims 4-7 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.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 4, the closest prior art either alone or in combination fails to disclose, teach or suggest a recreational vehicle, comprising: a plurality of suspensions includes a plurality of adjustable shock absorbers; at least one sensor configured to provide sensor information to a controller; and the controller operatively coupled to the at least one sensor and the plurality of adjustable shock absorbers, wherein the controller is configured to: receive, from the at least one sensor, the sensor information; determine, based on the sensor information, a braking event corresponding to the recreational vehicle; and provide, to at least one of the plurality of adjustable shock absorbers and based on the braking event, one or more commands to result in a decrease of a damping characteristic of the at least one of the plurality of adjustable shock absorbers; wherein the controller is configured to provide the one or more commands by providing one or more commands to result in a decrease of a compression damping characteristic of the at least one of the plurality of adjustable shock absorbers.
Regarding claim 5, the closest prior art either alone or in combination fails to disclose, teach or suggest a recreational vehicle, comprising: a plurality of suspensions includes a plurality of adjustable shock absorbers; at least one sensor configured to provide sensor information to a controller; and the controller operatively coupled to the at least one sensor and the plurality of adjustable shock absorbers, wherein the controller is configured to: receive, from the at least one sensor, the sensor information; determine, based on the sensor information, a braking event corresponding to the recreational vehicle; and provide, to at least one of the plurality of adjustable shock absorbers and based on the braking event, one or more commands to result in a decrease of a damping characteristic of the at least one of the plurality of adjustable shock absorbers; wherein the at least one sensor comprises a brake sensor, and wherein the sensor information is information indicating actuation of a brake pedal.
Regarding claim 6, the closest prior art either alone or in combination fails to disclose, teach or suggest a recreational vehicle, comprising: a plurality of suspensions includes a plurality of adjustable shock absorbers; at least one sensor configured to provide sensor information to a controller; and the controller operatively coupled to the at least one sensor and the plurality of adjustable shock absorbers, wherein the controller is configured to: receive, from the at least one sensor, the sensor information; determine, based on the sensor information, a braking event corresponding to the recreational vehicle; and provide, to at least one of the plurality of adjustable shock absorbers and based on the braking event, one or more commands to result in a decrease of a damping characteristic of the at least one of the plurality of adjustable shock absorbers; wherein the controller is configured to provide the one or more commands by: providing, to a front adjustable shock absorber of the plurality of adjustable shock absorbers, a command to result in an increase of a compression damping characteristic and to result in a decrease of a rebound damping characteristic.
Regarding claim 7, the closest prior art either alone or in combination fails to disclose, teach or suggest a recreational vehicle, comprising: a plurality of suspensions includes a plurality of adjustable shock absorbers; at least one sensor configured to provide sensor information to a controller; and the controller operatively coupled to the at least one sensor and the plurality of adjustable shock absorbers, wherein the controller is configured to: receive, from the at least one sensor, the sensor information; determine, based on the sensor information, a braking event corresponding to the recreational vehicle; and provide, to at least one of the plurality of adjustable shock absorbers and based on the braking event, one or more commands to result in a decrease of a damping characteristic of the at least one of the plurality of adjustable shock absorbers; wherein the controller is configured to provide the one or more commands by: providing, to a rear adjustable shock absorber of the plurality of adjustable shock absorbers, a command to result in an increase of a rebound damping characteristic and to result in a decrease of a compression damping characteristic.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOAN C TO whose telephone number is (571)272-6677. The examiner can normally be reached 8-5, Monday-Friday.
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/TOAN C TO/Primary Examiner, Art Unit 3614 January 24, 2026