Ex Parte Kataoka et al - Page 2



                 Appeal 2007-1367                                                                                      
                 Application 10/703,596                                                                                

                        a vibration calculator which calculates, responsive to the input, a tire                       
                 vibration due to a road surface reaction force, under-spring vibration of a                           
                 suspension and on-spring vibration of a vehicle body caused by the input;                             
                 and                                                                                                   
                        a compensator which compensates said input in order to reduce the                              
                 vibrations.                                                                                           
                        The Examiner relies upon the following reference in the rejection of                           
                 the appealed claims:                                                                                  
                 Sugai  US 6,182,001 B1 Jan. 30, 2001                                                                  
                        Appellants’ claimed invention is directed to a vehicle vibration                               
                 control apparatus for controlling the vehicle’s engine and/or brake in                                
                 response to input from the driver of the vehicle, such as the driver’s use of                         
                 the accelerator, steering, or brake.  The apparatus comprises a vibration                             
                 calculator which calculates tire vibration, vibration of the suspension system,                       
                 and on-spring vibration of a vehicle body.  The apparatus also comprises a                            
                 compensator for the input which reduces the vibrations.                                               
                        Appealed claims 2, 4, and 8 stand rejected under 35 U.S.C. § 112,                              
                 2d ¶.  In addition, all the appealed claims stand rejected under 35 U.S.C.                            
                 § 102(b) as being anticipated by Sugai.                                                               
                        We have thoroughly reviewed the respective positions advanced by                               
                 Appellants and the Examiner.  In so doing, we find ourselves in agreement                             
                 with Appellants that the Examiner’s § 112, 2d ¶, rejection is not well                                
                 founded.  However, we fully concur with the Examiner that the claimed                                 
                 subject matter is described by the Sugai reference within the meaning § 102.                          

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