DETAILED ACTION
The present application, filed on 09/11/2025, is being examined under the first inventor to file provisions of the AIA .
The following is a Non-Final Office Action on the merits in response to applicant’s filing from 09/11/2025.
Claims 1-13 are pending and have been considered below.
Priority
The application claims foreign priority to DE 102023/106891, filed on 03/20/2023; and is a continuation of PCT/EP2024/053539, filed on 02/13/2024. The priority is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 09/11/2025 and 10/27/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: “the control unit” should read, “the electronic control unit”. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “for storing sensor-specific characteristic curves” should read, “for storing a sensor-specific characteristic curve” (to avoid lack of antecedent basis later in the claim for “the sensor- specific characteristic curve”). Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “wherein a current axle load on a relevant mechanically suspended vehicle axle is” should read, “wherein the axle load on a mechanically suspended vehicle axle is”. Appropriate correction is required.
Claims 2-8 are objected to because of the following informalities: “The control unit” should read, “the electronic control unit”. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: “the sensor arranged on” should read, “a sensor arranged on”. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: “the vehicle axle” should read, “the mechanically suspended vehicle axle”. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: “the measurement signals from the sensor arranged on the mechanically suspended vehicle axle or assigned to the mechanically suspended vehicle axle” should read, “measurement signals from a sensor assigned to the mechanically suspended vehicle axle” (since it is contradictory for the sensor to be both “on the mechanically suspended vehicle axle” and “based on a measurement principle that operates contactlessly between the vehicle axle and a vehicle body of the vehicle”). Appropriate correction is required.
Claims 5 and 7 are objected to because of the following informalities: “or in the region of” should read, “or assigned to”. Appropriate correction is required.
Claims 6 and 8 are objected to because of the following informalities: “the sensor arranged on or in the region of” should read, “the sensor assigned to”. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: “is a a travel sensor” should read, “is a travel sensor”. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: “the control unit” should read, “the electronic control unit” (3x). Appropriate correction is required.
Claim 10 is objected to because of the following informalities: “the level control apparatus” should read, “the electronically controlled level control apparatus”. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: “the vehicle axle” should read, “a vehicle axle”. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: “the electronically controlled level control apparatus” should read, “the level control apparatus”. Appropriate correction is required.
Claim 11, lines 7-8 is objected to because of the following informalities: “the axle load” should read, “an axle load”. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: “storing sensor-specific characteristic curves” should read, “storing a sensor-specific characteristic curve”. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: “wherein a current axle load on a relevant mechanically suspended vehicle axle is” should read, “wherein the axle load on a mechanically suspended vehicle axle is”. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: “the characteristic curve” should read, “the sensor-specific characteristic curve” (3x). Appropriate correction is required.
Claim 11 is objected to because of the following informalities: “the control unit” should read, “the electronic control unit” (3x). Appropriate correction is required.
Claim 11 is objected to because of the following informalities: “in order to determine the axle load on a mechanically suspended vehicle axle” should read, “in order to determine the axle load on the mechanically suspended vehicle axle”. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: “by way of an electrical interface” should read, “by way of the electrical interface”. Appropriate correction is required.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 limitations use 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 limitations are the:
“control device” in claims 1, 9 and 11, because A) the word “device” is used as a generic placeholder for “means”, since “device” is a non-structural term having no specific meaning, B) the generic placeholder is modified by function language (“for level control”), C) the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function;
“sensor device” in claims 1, 9 and 11, because A) the word “device” is used as a generic placeholder for “means”, since “device” is a non-structural term having no specific meaning, B) the generic placeholder is modified by function language (“for level control”), C) the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function;
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The corresponding structures for the “control device” and “sensor device” are never described structurally in the specification, or shown and labeled in the Drawings. Therefore, the “control device” and “sensor device” will each receive a 112(b).
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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 limitations recite sufficient structure to perform the claimed function so as to avoid 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 1-13 are 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.
Claims 1, 9, and 11 recite the limitation, “pneumatically/hydraulically”. This limitation is unclear and indefinite, because it is unclear if “pneumatically/hydraulically” means “pneumatically or hydraulically”, “pneumatically and/or hydraulically”, or “pneumatically and hydraulically”. For purposes of examination, this will be interpreted as “pneumatically and/or hydraulically”.
Accordingly, claims 2-8 are rejected by virtue of dependence on claim 1, claim 10 is rejected by virtue of dependence on claim 9, and claims 12-13 are rejected by virtue of dependence on claim 11.
The claim limitations: “control device” (claims 1, 9, 11), and “sensor device” (claims 1, 9, 11) invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
Regarding claims 1, 9 and 11, the corresponding structure for the “control device” is never described structurally in the specification. Therefore, the “control device” is rejected under 112(b), because the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and fails to clearly link the structure, material, or acts to the function.
Accordingly, claims 2-8 are rejected by virtue of dependence on claim 1, claim 10 is rejected by virtue of dependence on claim 9, and claims 12-13 are rejected by virtue of dependence on claim 11.
Regarding claims 1, 9 and 11, the corresponding structure for the “sensor device” is never described structurally in the specification. Therefore, the “sensor device” is rejected under 112(b), because the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and fails to clearly link the structure, material, or acts to the function.
Accordingly, claims 2-8 are rejected by virtue of dependence on claim 1, claim 10 is rejected by virtue of dependence on claim 9, and claims 12-13 are rejected by virtue of dependence on claim 11.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 1 and 11 recite the limitation, “a control device and a sensor device that are provided for level control and that are at least one of installed and functionally extended in the vehicle such that, in addition to the level control or instead of the level control, functions for determining”. This limitation is unclear and indefinite, because it is unclear how something can be “for level control” and simultaneously not for level control (“instead of the level control”).
Accordingly, claims 2-8 are rejected by virtue of dependence on claim 1, and claims 12-13 are rejected by virtue of dependence on claim 11.
Claim 9 recites the limitation, “a control device and a sensor device provided for level control are at least one of installed and functionally extended in the vehicle such that, in addition to the level control or instead of the level control, functions for determining”. This limitation is unclear and indefinite, because it is unclear how something can be “for level control” and simultaneously not for level control (“instead of the level control”).
Accordingly, claim 10 is rejected by virtue of dependence on claim 9.
Claim 9 recites the limitation, “a control device and a sensor device provided for level control are at least one of installed and functionally extended in the vehicle such that, in addition to the level control or instead of the level control, functions for determining”. This limitation is unclear and indefinite, because it is unclear how something can be “for level control” and simultaneously not for level control (“instead of the level control”).
Accordingly, claim 10 is rejected by virtue of dependence on claim 9.
Claim 10 recites the limitation, “pneumatic/hydraulic”. This limitation is unclear and indefinite, because it is unclear if “pneumatic/hydraulic” means “pneumatic or hydraulic” or “pneumatic and/or hydraulic” or “pneumatic and hydraulic”. For purposes of examination, this will be interpreted as “pneumatic and/or hydraulic”.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 3-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jovers (US 2020/0406700), as cited by Applicant.
Regarding claim 1, Jovers discloses an electronic control unit {10} of an electronically controlled level control apparatus {1} of a vehicle {“vehicle” [0052]}, the vehicle being at least one of a mechanically {via 5 [0052]} and pneumatically/hydraulically {via 3 [0053]} suspended vehicle, the electronically controlled level control apparatus {1} including a control device {3a, 3b, 8a, 8b} and a sensor device {6, 7, 9} that are provided for level control [0052-0054] and that are at least one of installed and functionally extended in the vehicle {Fig. 1} such that, in addition to the level control, functions for determining an axle load on mechanically suspended vehicle axles {4: “determines the axle load at the mechanically suspended vehicle axle 4” [0059]} and for determining the axle load on pneumatically/hydraulically suspended vehicle axles {2: “determines the axle load at the air-suspended vehicle axle 2” [0059]} are available, the control unit {10} comprising: an electrical interface {“The valve circuit 8 and the two distance measuring units 6, 9 as well as the pressure measuring unit 7 are connected to the control unit 10 for the purpose of signal transmission” [0054]} configured to receive electrical measurement signals from sensors {6, 7, 9} of different sensor types {travel sensor, angle-of-rotation sensor: “travel sensor signal and/or the angle-of-rotation sensor signal are/is read out” [0064]} that are suitable at least for determining the axle load on the mechanically suspended vehicle axles {4: “the axle load on the mechanically suspended vehicle axle 4 is determined” [0064]}; a first non-volatile memory {memory: “a pressure/axle load characteristic curve stored in a memory of the control unit 10” [0061]} for storing sensor-specific characteristic curves; a second non-volatile memory {portion of ECU 10 storing the computational algorithm: “computational algorithm is implemented in the electronic control unit” [0027]} for storing an algorithm for processing or further processing sensor-specific measurement signals forwarded or processed by way of the electrical interface {“an electronic control unit in which computational algorithms are implemented for a plausibility check for identifying the particular suspension type of a vehicle axle and for calculating the axle load on these vehicle axles on the basis of sensor measuring signals detected at the vehicle axles and comparing these with characteristic curves stored in a memory” [0043]}; wherein a current axle load {F18 (Fig. 2)} on a relevant mechanically suspended vehicle axle {4} is determinable for each stored type of sensor {travel sensor, angle-of-rotation sensor [0064]} via a correlation {“is correlated” [0064]} of the respective sensor-specific measurement signal {“the travel sensor signal and/or the angle-of-rotation sensor signal are/is read out” [0064]} forwarded or processed by way of said electrical interface {10 [0043, 0054, 0064]} with the sensor-specific characteristic curve stored {F17 (Fig. 2): “level/axle load characteristic curve stored in a memory of the control unit 10” [0064]} for the respective type of sensor {travel sensor, angle-of-rotation sensor: “axle load determination starts in block F14. In block F15, the travel sensor signal and/or the angle-of-rotation sensor signal are/is read out. In block F16, the actual level is determined on the basis thereof. In block F17, the axle load on the mechanically suspended vehicle axle 4 is determined with the aid of a level/axle load characteristic curve stored in a memory of the control unit 10 and in which the measured actual level is correlated with the axle load, or with the aid of an angle/axle load characteristic curve in which the measured angle of rotation of the angle-of-rotation sensor is correlated with the axle load and, in block F18, is sent to the CAN bus 12” [0064]}.
Regarding claim 3, Jovers discloses via said electrical interface {10 [0043, 0054, 0064]}, measurement signals from the sensor {travel sensor, angle-of-rotation sensor [0064]} arranged on the mechanically suspended vehicle axle {4 (via a not shown lever system [0055])} or assigned to the mechanically suspended vehicle axle {4: “The first travel sensor 6a and the second travel sensor 9a are each attached to the vehicle superstructure in the proximity of their associated vehicle axle 2, 4, respectively, and are connected to the vehicle axle 2, 4 via a lever system (not represented)” [0055]} are capturable for determining the axle load {F17: “the associated routine for axle load determination starts in block F14. In block F15, the travel sensor signal and/or the angle-of-rotation sensor signal are/is read out. In block F16, the actual level is determined on the basis thereof. In block F17, the axle load on the mechanically suspended vehicle axle 4 is determined” [0064]}; and, the sensor {travel sensor, angle-of-rotation sensor [0064]} is based on a measurement principle that requires contact of the sensor {travel sensor, angle-of-rotation sensor [0064]} with the vehicle axle {4 (via a not shown lever system)} and a vehicle body of the vehicle {“The first travel sensor 6a and the second travel sensor 9a are each attached to the vehicle superstructure in the proximity of their associated vehicle axle 2, 4, respectively, and are connected to the vehicle axle 2, 4 via a lever system (not represented)” [0055]}.
Regarding claim 4, Jovers discloses via said electrical interface {10 [0043, 0054, 0064]}, the measurement signals from the sensor {travel sensor, angle-of-rotation sensor [0064]} arranged on the mechanically suspended vehicle axle {4} or assigned to the mechanically suspended vehicle axle {4} are capturable for determining the axle load {“the associated routine for axle load determination starts in block F14. In block F15, the travel sensor signal and/or the angle-of-rotation sensor signal are/is read out. In block F16, the actual level is determined on the basis thereof. In block F17, the axle load on the mechanically suspended vehicle axle 4 is determined” [0064]}; and, the sensor {travel sensor, angle-of-rotation sensor [0064]} is based on a measurement principle that operates contactlessly between the vehicle axle {4} and a vehicle body of the vehicle {only the not shown lever system directly contacts the axle (not the sensor): “The first travel sensor 6a and the second travel sensor 9a are each attached to the vehicle superstructure in the proximity of their associated vehicle axle 2, 4, respectively, and are connected to the vehicle axle 2, 4 via a lever system (not represented)” [0055]}.
Regarding claim 5, Jovers discloses via said electrical interface {10 [0043, 0054, 0064]}, the measurement signals from the sensor {travel sensor, angle-of-rotation sensor [0064]} arranged on or in the region of the mechanically suspended vehicle axle {4} are capturable for determining the axle load {“the associated routine for axle load determination starts in block F14. In block F15, the travel sensor signal and/or the angle-of-rotation sensor signal are/is read out. In block F16, the actual level is determined on the basis thereof. In block F17, the axle load on the mechanically suspended vehicle axle 4 is determined” [0064]}; and, the sensor {travel sensor, angle-of-rotation sensor [0064]} is a load sensor {9 (9a): “travel sensor 9a for an axle load determination at this axle 4” [0053]}.
Regarding claim 6, Jovers discloses via said electrical interface {10 [0043, 0054, 0064]}, the measurement signals from the sensor {travel sensor, angle-of-rotation sensor [0064]} arranged on or in the region of the mechanically suspended vehicle axle {4} are capturable for determining the axle load {“the associated routine for axle load determination starts in block F14. In block F15, the travel sensor signal and/or the angle-of-rotation sensor signal are/is read out. In block F16, the actual level is determined on the basis thereof. In block F17, the axle load on the mechanically suspended vehicle axle 4 is determined” [0064]}; and, the sensor {travel sensor, angle-of-rotation sensor [0064]} is a load sensor {9 (9a): “travel sensor 9a for an axle load determination at this axle 4” [0053]}.
Regarding claim 7, Jovers discloses via said electrical interface {10 [0043, 0054, 0064]}, the measurement signals from the sensor {travel sensor, angle-of-rotation sensor [0064]} arranged on or in the region of the mechanically suspended vehicle axle {4} are capturable for determining the axle load {“the associated routine for axle load determination starts in block F14. In block F15, the travel sensor signal and/or the angle-of-rotation sensor signal are/is read out. In block F16, the actual level is determined on the basis thereof. In block F17, the axle load on the mechanically suspended vehicle axle 4 is determined” [0064]}; and, the sensor {travel sensor, angle-of-rotation sensor [0064]} is a travel sensor {9 (9a): “travel sensor 9a” [0053]}.
Regarding claim 8, Jovers discloses via said electrical interface {10 [0043, 0054, 0064]}, the measurement signals from the sensor {travel sensor, angle-of-rotation sensor [0064]} arranged on or in the region of the mechanically suspended vehicle axle {4} are capturable for determining the axle load {“the associated routine for axle load determination starts in block F14. In block F15, the travel sensor signal and/or the angle-of-rotation sensor signal are/is read out. In block F16, the actual level is determined on the basis thereof. In block F17, the axle load on the mechanically suspended vehicle axle 4 is determined” [0064]}; and, the sensor {travel sensor, angle-of-rotation sensor [0064]} is a travel sensor {9 (9a): “travel sensor 9a” [0053]}.
Regarding claim 9, Jovers discloses a method {Fig. 2} for determining an axle load {F8, F17} on a vehicle, the vehicle being mechanically {via 5 [0052]} and/or pneumatically/hydraulically {via 3 [0053]} suspended, wherein the axle load is determined via an electronic control unit {10} of an electronically controlled level control apparatus {1} of the vehicle, wherein a control device {3a, 3b, 8a, 8b} and a sensor device {6, 7, 9} provided for level control [0052-0054] are at least one of installed and functionally extended in the vehicle {Fig. 1} such that, in addition to the level control or instead of the level control, functions for determining the axle load on mechanically suspended vehicle axles {4: “determines the axle load at the mechanically suspended vehicle axle 4” [0059]} and for determining the axle load on pneumatically/hydraulically suspended vehicle axles {2: “determines the axle load at the air-suspended vehicle axle 2” [0059]} are available, the method comprising: capturing a measurement signal from a sensor {travel sensor, angle-of-rotation sensor: “travel sensor signal and/or the angle-of-rotation sensor signal are/is read out” [0064]} and evaluating the measurement via an algorithm stored in the control unit {10: “the computational algorithm is implemented in the electronic control unit” [0027]} in order to determine the axle load on a mechanically suspended vehicle axle {4: “calculating the axle load on the mechanically suspended vehicle axle on the basis of this actual level with the aid of a computational algorithm” [0027]}, by way of an electrical interface {“an electronic control unit in which computational algorithms are implemented for a plausibility check for identifying the particular suspension type of a vehicle axle and for calculating the axle load on these vehicle axles on the basis of sensor measuring signals detected at the vehicle axles and comparing these with characteristic curves stored in a memory” [0043]} of the control unit {10} that is configured to receive electrical measurement signals from sensors of different sensor types {travel sensor, angle-of-rotation sensor [0064]} that are suitable at least for determining the axle load on mechanically suspended vehicle axles {4: “the associated routine for axle load determination starts in block F14. In block F15, the travel sensor signal and/or the angle-of-rotation sensor signal are/is read out. In block F16, the actual level is determined on the basis thereof. In block F17, the axle load on the mechanically suspended vehicle axle 4 is determined” [0064]}; preselecting or determining the type of sensor provided {F3, F4} for determining the axle load on the mechanically suspended vehicle axle {4: “If, in block F2, there is no control valve signal, but there is a travel sensor signal in block F3 and, however, no pressure sensor signal in block F4, the mechanically suspended vehicle axle 2 is identified in block F13 and the associated routine for axle load determination starts in block F14” [0064]}; selecting a characteristic curve stored in a memory {“the axle load on the mechanically suspended vehicle axle 4 is determined with the aid of a level/axle load characteristic curve stored in a memory of the control unit 10 and in which the measured actual level is correlated with the axle load, or with the aid of an angle/axle load characteristic curve” [0064]} of the control unit {10} for the preselected or determined type of sensor {travel sensor, angle-of-rotation sensor [0064]}; assigning the axle load to the respective measured value of the captured measurement signal via the characteristic curve {F17}; and, outputting a corresponding signal {F18} that is dependent on the axle load {“In block F17, the axle load on the mechanically suspended vehicle axle 4 is determined with the aid of a level/axle load characteristic curve stored in a memory of the control unit 10 and in which the measured actual level is correlated with the axle load, or with the aid of an angle/axle load characteristic curve in which the measured angle of rotation of the angle-of-rotation sensor is correlated with the axle load and, in block F18, is sent to the CAN bus 12” [0064]}.
Regarding claim 10, Jovers discloses in a case of a vehicle with mixed mechanical {5} and pneumatic/hydraulic {3} suspension, carrying out a plausibility check {F2 (Fig. 2)} implemented in the electronic control unit {10} on a basis of which the level control apparatus {1} identifies a respective suspension type of the vehicle axle {F5, F13}, and the corresponding function for determining the axle load is then activated {F6-9, F14-18}.
Regarding claim 11, Jovers discloses a level control apparatus {1} of a vehicle {“vehicle” [0052]} for level control, the level control apparatus {1} comprising: an electronic control unit {10}; the electronically controlled level control apparatus {1} including a control device {3a, 3b, 8a, 8b} and a sensor device {6, 7, 9} that are provided for the level control [0052-0054] and that are at least one of installed and functionally extended in the vehicle {Fig. 1} such that, in addition to the level control or instead of the level control, functions for determining the axle load on mechanically suspended vehicle axles {4: “determines the axle load at the mechanically suspended vehicle axle 4” [0059]} and for determining the axle load on pneumatically/hydraulically suspended vehicle axles {2: “determines the axle load at the air-suspended vehicle axle 2” [0059]} are available; said electronic control unit {10} including an electrical interface {“The valve circuit 8 and the two distance measuring units 6, 9 as well as the pressure measuring unit 7 are connected to the control unit 10 for the purpose of signal transmission” [0054]} configured to receive electrical measurement signals from sensors {6, 7, 9} of different sensor types {travel sensor, angle-of-rotation sensor: “travel sensor signal and/or the angle-of-rotation sensor signal are/is read out” [0064]} that are suitable at least for determining the axle load on mechanically suspended vehicle axles {4: “the axle load on the mechanically suspended vehicle axle 4 is determined” [0064]}; said electronic control unit {10} further including a first non-volatile memory {memory: “a pressure/axle load characteristic curve stored in a memory of the control unit 10” [0061]} for storing sensor-specific characteristic curves and a second non-volatile memory {portion of ECU 10 storing the computational algorithm: “computational algorithm is implemented in the electronic control unit” [0027]} for storing an algorithm for processing or further processing sensor-specific measurement signals forwarded or processed by way of the electrical interface {“an electronic control unit in which computational algorithms are implemented for a plausibility check for identifying the particular suspension type of a vehicle axle and for calculating the axle load on these vehicle axles on the basis of sensor measuring signals detected at the vehicle axles and comparing these with characteristic curves stored in a memory” [0043]}; wherein a current axle load {F18 (Fig. 2)} on a relevant mechanically suspended vehicle axle {4} is determinable for each stored type of sensor {travel sensor, angle-of-rotation sensor [0064]} via a correlation {“is correlated” [0064]} of the respective sensor-specific measurement signal {“the travel sensor signal and/or the angle-of-rotation sensor signal are/is read out” [0064]} forwarded or processed by way of said electrical interface {10 [0043, 0054, 0064]} with the characteristic curve stored {“level/axle load characteristic curve stored in a memory of the control unit 10” [0064]} for a respective type of sensor {travel sensor, angle-of-rotation sensor: “axle load determination starts in block F14. In block F15, the travel sensor signal and/or the angle-of-rotation sensor signal are/is read out. In block F16, the actual level is determined on the basis thereof. In block F17, the axle load on the mechanically suspended vehicle axle 4 is determined with the aid of a level/axle load characteristic curve stored in a memory of the control unit 10 and in which the measured actual level is correlated with the axle load, or with the aid of an angle/axle load characteristic curve in which the measured angle of rotation of the angle-of-rotation sensor is correlated with the axle load and, in block F18, is sent to the CAN bus 12” [0064]}; said electronic control unit {10} being configured to: capture the measurement signal {F15} from such a sensor {travel sensor, angle-of-rotation sensor [0064]} and evaluating the measurement signal via an algorithm stored in the control unit {10} in order to determine the axle load {“calculating the axle load on the mechanically suspended vehicle axle on the basis of this angle with the aid of a computational algorithm” [0033]} on a mechanically suspended vehicle axle {4}, by way of an electrical interface {10 [0043, 0054, 0064]} of the control unit {10} that is configured to receive the electrical measurement signals from the sensors {travel sensor, angle-of-rotation sensor [0064]} of the different sensor types that are suitable at least for determining the axle load on mechanically suspended vehicle axles {4}; preselect or determine the type of sensor provided {F3, F4} for determining the axle load on the mechanically suspended vehicle axle {4: “If, in block F2, there is no control valve signal, but there is a travel sensor signal in block F3 and, however, no pressure sensor signal in block F4, the mechanically suspended vehicle axle 2 is identified in block F13 and the associated routine for axle load determination starts in block F14” [0064]}; select the characteristic curve stored in said first non-volatile memory {“the axle load on the mechanically suspended vehicle axle 4 is determined with the aid of a level/axle load characteristic curve stored in a memory of the control unit 10 and in which the measured actual level is correlated with the axle load, or with the aid of an angle/axle load characteristic curve” [0064]} of the control unit {10} for the preselected or determined type of sensor {travel sensor, angle-of-rotation sensor [0064]}; assign the axle load to a respective measured value of the captured measurement signal via the characteristic curve {F17}; and, output a corresponding signal {F18} that is dependent on the axle load {“In block F17, the axle load on the mechanically suspended vehicle axle 4 is determined with the aid of a level/axle load characteristic curve stored in a memory of the control unit 10 and in which the measured actual level is correlated with the axle load, or with the aid of an angle/axle load characteristic curve in which the measured angle of rotation of the angle-of-rotation sensor is correlated with the axle load and, in block F18, is sent to the CAN bus 12” [0064]}.
Regarding claim 12, Jovers discloses a vehicle {“vehicle” [0052]} comprising the level control apparatus {1} of claim 11.
Regarding claim 13, Jovers discloses the vehicle {“vehicle” [0052]} is a commercial vehicle {“commercial vehicles” [0002]} or a passenger car {“passenger cars” [0003]}.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Jovers in view of Coombs (US 2024/0034116).
Regarding claim 2, Jovers discloses all the aspects of claim 1. However, Jovers does not explicitly disclose said electrical interface is a pulse width modulation interface.
Coombs teaches said electrical interface {200} is a pulse width modulation interface {“ECU 200 may also function to open valves to inflate or deflate points of control (e.g., air springs, load bag, lift bag, etc.), using any suitable method (e.g., using pulse width modulation to modulate flow to and from actuation points)” [0029]}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the electrical control unit, as disclosed by Jovers, such that said electrical interface is a pulse width modulation interface, as taught by Coombs, in order “to open valves to inflate or deflate points of control (e.g., air springs, load bag, lift bag, etc.), using” a “suitable method… to modulate flow to and from actuation points” [0029].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel M Keck whose telephone number is (571)272-5947. The examiner can normally be reached Mon - Fri 8:00-4:00.
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, Jason Shanske can be reached on (571)270-5985. 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.
/Daniel M. Keck/Patent Examiner, Art Unit 3614
Prosecution Insights