Ex Parte LATARNIK et al - Page 5




              Appeal No. 2002-0245                                                                  Page 5                
              Application No. 09/202,412                                                                                  


                     The appellants argue (brief, pp. 8 and 10) that the claimed step of "determining                     
              the measured forces applied to each vehicle tires" is neither taught or suggested by                        
              either Eckert or Sol.  In addition, the appellants assert (brief, pp. 9-10; reply brief, pp. 2-             
              3) that there is no motivation to combine Eckert and Sol to arrive at the subject matter                    
              of claim 16.  We agree.                                                                                     


                     The examiner has not pointed out where the step of "determining the measured                         
              forces applied to each vehicle tires" is met by Eckert or Eckert as modified with a                         
              center of gravity estimator as taught by Sol.  Our review of Eckert does not reveal any                     
              teaching or suggestion that Eckert discloses determining the measured forces applied                        
              to each vehicle tire.  As such, even if it would have been obvious at the time the                          
              invention was made to a person of ordinary skill in the art to modify Eckert with a center                  
              of gravity estimator as taught by Sol, such would not have arrived at the claimed subject                   
              matter.  Moreover, it is not apparent that the teachings of Eckert as modified by Sol as                    
              set forth in the rejection would have met the step of 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 as set forth in                        
              claim 16.                                                                                                   











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