Ex Parte POLZIN - Page 5




                    Appeal No. 2002-1641                                                                                                                                  
                    Application No. 09/276,213                                                                                                                            


                    For the reasons set forth in appellant's brief and reply                                                                                              
                    brief, we find the examiner's position to be untenable.  Like                                                                                         
                    appellant, we note that the system and method in Schaefer, upon                                                                                       
                    detection of a wheel vibration during ABS or ASR intervention                                                                                         
                    modes, appear to initiate corrective action to suppress the                                                                                           
                    vibration whether or not the condition which required initiation                                                                                      
                    of the ABS or ASR intervention continues, thus apparently                                                                                             
                    mandating vibration suppression at the expense of the ABS or ASR                                                                                      
                    closed-loop control.  See, for example, Schaefer, column 2,                                                                                           
                    lines 20-27, wherein it is noted that in the event of a wheel                                                                                         
                    vibration, further actuation of the valve (16) associated with                                                                                        
                    the vehicle wheel is suppressed upon the vibration reaching a                                                                                         
                    first threshold.  By contrast, appellant's method and device                                                                                          
                    ascertain a vibration at at least one wheel and also ascertain a                                                                                      
                    tendency of a characteristic of the slippage during the vibration                                                                                     
                    at the at least one wheel by comparing a subsequent slippage                                                                                          
                    value to a previous slippage value, and then influence the                                                                                            
                    braking force applied during the vibration as a function of the                                                                                       
                    ascertained tendency, thereby apparently more favorably balancing                                                                                     
                    the required ABS or ASR control and the need for suppression of                                                                                       
                    wheel vibration.                                                                                                                                      


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