Ex Parte Kataoka et al - Page 6



                 Appeal 2007-1367                                                                                      
                 Application 10/703,596                                                                                

                 Examiner, as well as the entirety of the reference disclosure, teach the                              
                 calculation and compensation for vibrations emanating from the tire/wheel                             
                 assembly, suspension system, vehicle body, etc.                                                       
                        In our view, the Examiner has set forth the requisite factual basis for                        
                 the conclusion that Sugai reasonably appears to disclose an apparatus or                              
                 system that is fully capable of controlling and reducing the vibrations that                          
                 are uncomfortable to the driver of the vehicle resulting from the driver’s use                        
                 of the accelerator, steering column, and braking system.  Appellants, on the                          
                 other hand, have failed to point to any particular structural distinction                             
                 between apparatus within the broad scope of the appealed claims and                                   
                 apparatus fairly described by Sugai.                                                                  
                        Appellants’ separate arguments for the dependent claims have been                              
                 adequately addressed by the Examiner.  For instance, regarding the claim 7                            
                 recitation that the compensator reduces the displacement of a head position                           
                 of a passenger, we agree with the Examiner that the apparatus of Sugai,                               
                 which objective is to reduce the unpleasant vibrations felt by the driver,                            
                 would necessarily also reduce the displacement of a passenger’s head                                  
                 position.                                                                                             
                        In conclusion, based on the foregoing and the reasons well stated by                           
                 the Examiner, the Examiner’s decision rejecting the appealed claims is                                
                 affirmed.                                                                                             
                                                                                                                      


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