Ex Parte LATARNIK et al - Page 4




              Appeal No. 2002-0245                                                                  Page 4                
              Application No. 09/202,412                                                                                  


                     Claim 16, the only independent claim on appeal, reads as follows:                                    
                            A process for controlling the driving behavior of an automotive vehicle                       
                     provided with tire sensors that determine the measured forces (Fmess) applied to                     
                     the vehicle tires, comprising the steps of:                                                          
                            determining the measured forces applied to each vehicle tires;                                
                            determining variable masses applied to the vehicle by converting the                          
                     forces applied to each of the tires into masses and applying the variable masses                     
                     to a stored mass distribution model, said mass distribution model including basic                    
                     mass distribution of the vehicle, actual vehicle mass and mass point of gravity                      
                     location, whereby the addition of the variable masses is to variable loading sites                   
                     within the mass distribution model; and                                                              
                            determining the variable center of gravity, the yaw rate and the side slip                    
                     angle of the vehicle using the mass distribution model and controlling the driving                   
                     behavior of the vehicle based on the determined variable center of gravity, the                      
                     determined yaw rate and the determined side slip angle.                                              


              The obviousness rejection based on Eckert and Sol                                                           
                     We will not sustain the rejection of claims 16 to 21 under 35 U.S.C. § 103 as                        
              being unpatentable over Eckert in view of Sol.                                                              


                     In this rejection, the examiner ascertained (answer, p. 3) that Eckert does not                      
              specifically teach determining a variable center of gravity.  The examiner then                             
              determined (answer, p. 4) that it would have been obvious to one skilled in the art at the                  
              time of the invention to modify the system of Eckert "by incorporating the features from                    
              the center of gravity estimator if [sic, of] Sol" because such modification will optimize                   
              active braking effort and traction control action as suggested by Sol.                                      








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