Ex Parte PLATNER et al - Page 3




             Appeal No. 2003-0203                                                          Page 3              
             Application No. 09/419,136                                                                        


             review, we will not sustain the rejection of claims 1 to 9 under 35 U.S.C. § 112, first           
             paragraph.                                                                                        


             The claimed subject matter                                                                        
                   Claims 1, 4, 5 and 7 under appeal read as follows:                                          
                   1.     A device for suspending a wheel axle from a vehicle having an electronic             
                   control unit for receiving suspension-related inputs, the device comprising:                
                          an interwoven mesh diaphragm including a plurality of interwoven                     
                   members intersecting a plurality of intersecting points, said mesh diaphragm                
                   coupled between the vehicle and the wheel axle and to the electronic control unit           
                   and formed of a material that changes shape in the presence of electrical signals           
                   having a varying signal strength; and                                                       
                          wherein the electronic control unit, in response to receiving the                    
                   suspension related inputs, transmits the electrical signals having the varying              
                   signal strength to the interwoven mesh diaphragm to change the shape thereof in             
                   order to vary the stiffness of the interwoven mesh diaphragm and thus control the           
                   suspension of the vehicle.                                                                  
                   4.     The device as recited in claim 3 wherein the interwoven members include              
                   flexible tubes having an electrically responsive fluid contained therein.                   
                   5.     The device as recited in claim 4 wherein the electrically responsive fluid is        
                   a rheological fluid.                                                                        
                   7.     A device for suspending a wheel axle from a vehicle having an electronic             
                   control unit for receiving suspension-related inputs, the device comprising:                
                          an elastomeric member including two opposing end plates and containing               
                   an electrically responsive gel, said elastomeric member coupled between the                 
                   vehicle and the wheel axle and to the electronic control unit wherein the gel               
                   changes shape in response to electrical signals having a varying signal strength;           
                   and                                                                                         
                          wherein the electronic control unit, in response to receiving the                    
                   suspension related inputs, transmits the electrical signals having the varying              
                   signal strength through at least one of the end plates to change the shape of the           








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