Ex Parte Kataoka et al - Page 5



                 Appeal 2007-1367                                                                                      
                 Application 10/703,596                                                                                

                        Accordingly, based on the Examiner’s factual findings with respect to                          
                 the Sugai disclosure, we find that the Examiner has established that the                              
                 Sugai apparatus is fully capable of performing the claimed functions for                              
                 reducing uncomfortable vibrations imparted to the driver of a vehicle by                              
                 compensating for vibrations from the tire, suspension, and vehicle body                               
                 resulting from input from the driver, including manipulating the accelerator,                         
                 steering column, and brake.                                                                           
                        Appellants maintain that, as a result of the claimed apparatus which                           
                 compensates for driver input in order to reduce calculated vibrations, “the                           
                 brake can be controlled in response to the compensated input” (Br. 6, last                            
                 sentence).  Appellants then state that “[o]n the other hand, Sugai teaches an                         
                 anti-lock brake controller and a braking pressure controller [wherein] an                             
                 ABS system controls an anti-lock braking operation on the basis of                                    
                 variations in the resonance characteristics of a braking pressure” (Br. 7, first                      
                 para.).  However, we do not understand how this acknowledged feature of                               
                 Sugai’s apparatus does not meet Appellants’ function of controlling the                               
                 brake in response to the compensated input.  Manifestly, the apparatus of                             
                 Sugai compensates for any vibrations emanating from the braking system in                             
                 response to the input of the driver, which includes acceleration, steering, and                       
                 braking.                                                                                              
                        We also do not understand Appellants’ argument that “Sugai does not                            
                 reveal the calculation of tire vibration, under-spring vibration, and on-spring                       
                 vibration” (Br. 7, last sentence).  The portions of Sugai cited by the                                

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