Appeal No. 2003-0203 Page 4
Application No. 09/419,136
gel in order to vary the stiffness of the elastomeric member and thus control the
suspension of the vehicle.
The examiner's position
The examiner's rational as set forth in the answer (p. 3) for the rejection of claims
1-9 under 35 U.S.C. 112, first paragraph, was as follows:
The embodiment of claim 1 requires an interwoven mesh diaphragm,
which is further described in the specification as "preferably a flat,
rectangular-shaped member". The word "diaphragm" usually implies a thin
element or membrane. It is unclear how the diaphragm is constructed so that it
may adequately support the axle structure. The disclosure fails to support the
claimed invention in a manner which enables one skilled in the art to make or use
the invention without undue experimentation.
Claims 4-5 further require an electrically responsive fluid which is
disclosed as a rheological fluid. Rheological fluids are known in the art to change
viscosity in response to a magnetic or electrical field. However, claims 4-5
depend from claim 1 which requires "a material that changes shape in the
presence of electrical signals". It is unclear how the rheological fluid of the instant
invention is utilized to effect a change in shape.
Claims 7-9 are directed towards an alternate embodiment that includes an
elastomeric member including two opposing end plates and an electrically
responsive gel which changes the shape. This gel is disclosed as being a
rheologic fluid. It is unclear how the rheological fluid of the instant invention is
utilized to effect a change in shape.
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