DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 1 October 2025 have been fully considered but they are persuasive only in part.
First, the objection to claim 1 is overcome by applicant’s amendment.
Second, while the previous rejections under 35 U.S.C. 112(b) have been overcome by applicant’s amendments, new issues under 35 U.S.C. 112(a), description requirement, and 35 U.S.C. 112(b) have been raised, as detailed below. In this respect, the claims now combine features of two embodiments (e.g., the FIGS. 2 to 5 arrangement/embodiment and the FIGS. 7, 8 arrangement/embodiment) in an unclear way and in a way that was apparently not previously described.
Third, regarding the rejection under 35 U.S.C. 103, applicant’s arguments are conclusory and are not persuasive. In this respect, applicant asserts (without further analysis) that:
The primary reference, Constantakis, fails to disclose or otherwise suggest the subject matter recited above. In contrast, Constantakis merely discloses a bracket 40 that is a single, integrated component.
The mounting bracket (40) of Constantakis et al. (‘909) apparently includes/supports two struts, a plate, a pedal axis, the side wall sections, and an obvious shaft on which the pedal is mounted for pivotal movement, as annotated by the examiner e.g., in footnote 2 below, and apparently reads on the new claim language, as mapped below. Accordingly, applicant’s arguments are not persuasive in this respect.
Claim (Specification) Objections
Claim 1 is objected to because i) it apparently includes a reference character (e.g., “S” in line 16) which is not enclosed within parentheses, and ii) in the last line, “in first side wall section” should apparently read, “in the first side wall section”, for grammatical correctness.
In the first respect, per MPEP 608.01(m), reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. Generally, the presence or absence of such reference characters does not affect the scope of a claim.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3, 4, 7, 8, 10, 14, and 18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, applicant has apparently not previously described a brake pedal module which included the brake pedal that was “pivotably suspended between the at least two struts about a pivot axis S extending through at least a first side wall section and a second side wall section, the second side wall section opposite the first side wall section, wherein the brake pedal is mounted in first side wall section and the second side wall section”, as is now recited in claim 1. Accordingly, the examiner believes that applicant has not demonstrated possession, to those skilled in the art, of the now claimed invention.
In particular, the brake pedal module 10 of FIGS. 2 to 5 includes a carrier component 24 that has a plate 32 and two struts 34, with the brake pedal 12 being pivotally suspended between the struts 34.
On the other hand, the brake pedal module 10 of FIGS. 7 and 8 include a carrier component 24 that is shell shaped, with the pivot axis S for the brake pedal being mounted in opposite side wall sections 52, 54 and extending between the side wall sections.
No arrangement of the brake pedal module has apparently been previously clearly described, in sufficient detail, that includes both the struts (34) and the side wall sections (52, 54). For example, note that original multiple dependent claim 6, filed 19 July 2022, directed to the carrier component that has a plate and a strut, was made to NOT depend from original multiple dependent claim 5, that was directed to the shell-shaped carrier component having the opposite side wall sections. Accordingly, the examiner believes that applicant did not originally demonstrate possession, to those skilled in the art, of the now claimed invention.
See also e.g., published paragraphs [0013], [0014], and [0064] to [0066] of the specification which apparently make clear that the two embodiments/arrangements (e.g., FIGS 2-5 and FIGS. 7, 8, respectively) are alternatives that differ from one another, and are not parts of the same brake pedal module:
[0013] According to one exemplary arrangement, the carrier component is shell-shaped, and a pivot axis for the brake pedal is mounted in opposite side wall sections, said pivot axis extending between the side wall sections. The shell shape consequently makes it possible to mount the pivot axis in a particularly simple manner. Moreover, the shape of the shell can be adapted particularly well to an installation space environment.
[0014] According to an alternative exemplary arrangement, the carrier component has a plate and at least one strut which extends from the plate, wherein the damping unit is secured on the plate and the brake pedal is mounted pivotably on the strut. Thus, both the damping unit and the brake pedal can be secured on the carrier component in a particularly simple manner.
[0064] FIGS. 7 and 8 illustrate a brake pedal module 10 according to another exemplary arrangement.
[0065] The brake pedal module 10 illustrated in FIGS. 7 and 8 differs from the brake pedal module 10 according to FIGS. 2 to 5 in the shape of the carrier component 24.
[0066] In particular, the carrier component 24 is shell-shaped.
Claims 1, 3, 4, 7, 8, 10, 14, and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, lines 15ff, “the brake pedal is pivotably suspended between the at least two struts about a pivot axis S extending through at least a first side wall section and a second side wall section, the second side wall section opposite the first side wall section, wherein the brake pedal is mounted in first side wall section and the second side wall section” is unclear from the teachings of the specification that describes no such brake pedal module having both the struts and the first and second side wall sections arranged in the manner claimed. Moreover, it is unclear in the claim context what the “side wall section[s]” are sections of particularly, and particularly how they are or might be related to or different from the struts in the claim context, if they are (e.g., can the side wall sections be the same as the struts, resulting in an unclear double inclusion[1] of the same element in the claim by two different names?)
Claim(s) depending from claims expressly noted above are also rejected under 35 U.S.C. 112 by/for reason of their dependency from a noted claim that is rejected under 35 U.S.C. 112, for the reasons given.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 4, 7, 8, 10, 14, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Constantakis et al. (2005/0082909) in view of Koo et al. (2010/0012442) and Poertzgen (European, 768224).
Constantakis et al. (‘909) reveals:
per claim 1, a brake pedal module for a brake-by-wire brake system [e.g., “brake by wire”, paragraph [0002]] of a vehicle, comprising:
a carrier component [e.g., the bracket 40 in FIG. 1] for securing the brake pedal module on the vehicle [e.g., paragraph [0056]],
a brake pedal [e.g., the brake pedal 16], which is mounted pivotably on the carrier component [e.g., FIG. 1],
a damping unit [e.g., the brake pedal feel emulator device 12 with a hysteresis property, that captures energy and converts it to heat (paragraph [0038]); and/or with a/the separate hysteresis device (28, 30, 32, etc.) of paragraph [0037]] that includes a piston [e.g., the plunger 24 that reciprocates in the chamber 26; and/or the plunger 34 that reciprocates in the chamber 36], wherein the piston is mechanically coupled at one end to the brake pedal [e.g., by the plunger clevis 14 of Constantakis et al. (‘909) that operates the brake pedal feel emulator device 12 and is pinned (see FIG. 1) to the brake pedal] and an end of the damping unit is coupled to the carrier component [e.g., the chamber(s) 26, etc. is integrated with into the lower part of the (plastic) mounting bracket 40 (and is thus materially coupled to it), in Constantakis et al. (‘909), and an end (e.g., the rear end) of the chamber 26 is obviously coupled to the bracket 40 as shown in FIG. 1, with the other end (e.g., the free end) extending outwardly toward the brake pedal] in order to produce a resistance when the brake pedal is actuated, and
a sensor unit [e.g., the position sensor 18] for detecting a braking intention of a driver . . .,
wherein the brake pedal module is a pre-assembled structural unit [e.g., as shown in FIG. 1 of Constantakis et al. (‘909), with the mounting bracket obviously being mounted in a “vehicle” (paragraph [0056])] which is self- contained in terms of forces [e.g., since the brake pedal assembly 10 of Constantakis et al. (‘909) would have obviously been stationary at times, per Newton’s Second Law, the sum of its forces would have been zero], wherein the carrier component comprises a plate at least two struts that extend parallel to one another from the plate [e.g., FIG. 1 in Constantakis et al. (‘909), with the plate and strut(s), etc. labeled by the examiner in the footnote below[2]], the at least two struts connected to one another at respective ends remote from the plate [e.g., as shown in FIG. 1, the pivot axis of the brake pedal 16 obviously connects the respective (free) ends of the struts of the bracket 40], wherein the damping unit is secured on the plate [e.g., as obviously shown in FIG. 1] and the brake pedal is [e.g., as obviously shown in FIG. 1] pivotably suspended between the at least two struts about a pivot axis[3] S extending through at least a first side wall section and a second side wall section, the second side wall section opposite the first side wall section, wherein the brake pedal is mounted in first side wall section and the second side wall section [e.g., as shown in FIG. 1, and as detailed by the examiner in the footnote 2 above, with the examiner understanding that the shaft on which the brake pedal is mounted for pivotal movement must be (or alternatively, would have obviously been, when Constantakis et al. (‘909) was interpreted by one of ordinary skill in the art) received in and/or journalled within the side wall sections/portions of the struts];
It may be alleged that Constantakis et al. (‘909) does not expressly reveal that the brake pedal is mounted pivotally on the carrier component (e.g., at a hinge) in the manner claimed, or that the brake pedal feel emulator device 12 is a damping unit, although the examiner believes this would have been implicit in and/or obvious from the pictorial view in FIG. 1 and the written description, even without further teaching, to one having ordinary skill in the art who was aware of how conventional brake pedals (and conventional emulators/simulators, for brake-by-wire) operate. Constantakis et al. (‘909) also may not expressly reveal that the brake pedal module/assembly is a pre-assembled structural unit which is self-contained in terms of forces.
Constantakis et al. (‘909) also may not reveal the claimed sensor unit mounted to the damping unit to detect the braking intention of the driver, although Constantakis et al. (‘909) describes a position sensor 18 for generating a position signal used by the brake by wire system in the well known fashion (and shows its location in FIG. 1), wherein the position sensor 18 may be connected to a pin member on the brake pedal itself, rather than the arrangement defined for the sensor unit of claim 1.
However, in the context/field of an improved electro pedal device for a brake-by-wire system, Koo et al. (‘442) teaches that the pedal 1 is “hinged at one end” (paragraph [0025]) to the pedal member (bracket) 2, and that the electro pedal device is a singular unit (with a pedal 1, a bracket/member 2, sensors 3, and a pedal simulator 4 having a variable damper including a piston 7, wherein the simulator includes a housing 5 that is (apparently) mounted to a back side (i.e., the side opposite the pedal 1) of the bracket/member 2, such that the piston 7 (and apparently the operation rod 8) etc. passes through a depicted aperture[4] in the bracket member 2, when the housing 5 is mounted to the bracket/member 2, as shown in FIG. 1.
Moreover, in the context/field of an improved actuation means for an electronically controlled brake system of a motor vehicle, Poertzgen (EP, ‘224) teaches in FIGS. 1 to 4, etc. that various differently positioned rotational angle and linear detectors (36, 54) may be equivalently used in order to electronically sense the actuation of the brake pedal by the driver and actuate an electromechanical actuator which operates on brake pads at the wheels, with one detector replacing the other, in order to sense the movement of the brake pedal, wherein in FIG. 4 and in claim 4, instead of the linear detector 54 measuring the travel path of the brake pedal 28 and disposed between the support 38 and the brake pedal 28 as in FIG. 3, the linear detector 54 may detect the movement of the emulator piston 14b relative to the cylinder 12 provided at/rigidly coupled to the support 38 of the brake pedal, by being mounted at least partly to the piston 14b and/or the cylinder/support:
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It would have been obvious before the effective filing date of the claimed invention to implement or modify the Constantakis et al. (‘909) brake pedal assembly so that the brake pedal of FIG. 1 would have been predictably hinged at its upper end (at the depicted pivot shaft) to the bracket 40, as taught by Koo et al. (‘442), in order that the pedal would have been pivotally mounted to the bracket, and in particular to the free ends of the struts so as to connect the struts by means of the depicted pivot shaft, in a fully conventional manner, and so that the brake pedal assembly would have been predictably pre-assembled (e.g., for transport/shipping or for sale or for incorporating into a vehicle the brake pedal assembly 10 of Constantakis et al. (‘909)) so as to be self-contained in terms of forces (as shown in FIG. 1 of Constantakis et al. (‘901) and FIG. 1 of Koo et al. (‘442)), and to further implement or modify the Constantakis et al. (‘909) brake pedal assembly for the dependent claims so that the brake pedal assembly would have been predictably provided with a (further) variable damper (4, 5, 7, etc. in Koo et al. (‘442)) mounted to the opposite side of the bracket from the brake pedal, as taught in FIG. 1 of Koo et al. (‘442), such that the variable damper, etc. extended through an aperture in the bracket 40, as taught by Koo et al. (‘442) and as shown by the chamber/cylinder 36 in Constantakis et al. (‘909), in order to improve the (variable) damping capabilities of the Constantakis et al. (‘909) brake pedal assembly, with a reasonable expectation of success, as combining prior art elements according to known methods to yield predictable results, and e.g., as a use of a known technique to improve similar devices (methods, or products) in the same way.
It would have been obvious before the effective filing date of the claimed invention to implement or modify the Constantakis et al. (‘909) brake pedal assembly so that the position sensor 18 was (e.g., equivalently) implemented as a linear detector (54) that was mounted at least partly on/to the plunger 24 (piston) and/or chamber 26 (cylinder) of the emulator mechanism 12, as taught by Poertzgen (EP, ‘224) in conjunction with FIG. 4, in order to generate the (position) signal to be used by the brake-by-wire system, in order that the distance resulting from a movement of the plunger/piston relative to the chamber/cylinder would have been sensed and a signal derived therefrom would have been provided, as taught by Poertzgen (EP, ‘224), for use in operating an electromechanical actuator which operates on brake pads at the vehicle wheels, with a reasonable expectation of success, as substituting art recognized equivalents for the same purpose (MPEP 2144.06, II.), as combining prior art elements according to known methods to yield predictable results, and e.g., as a use of a known technique to improve similar devices (methods, or products) in the same way.
For example only, the examiner depicts below/on the next page a sketch of the one manner in which the linear detector 54 of FIG. 4 (claim 4) in Poertzgen (EP, ‘224) would have been provided in Constantakis et al. (‘909) to sense the distance resulting from a movement of the plunger/piston 24 relative to the chamber/cylinder 26 to generate the position signal used by the brake by wire system in the well known fashion:
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As such, the implemented or modified Constantakis et al. (‘909) brake pedal assembly would have rendered obvious:
per claim 1, . . . a sensor unit [e.g., the position sensor 18, in Constantakis et al. (‘909); and the linear detector 54 in FIG. 4 of Poertzgen (EP, ‘224)] for detecting a braking intention of a driver, wherein the sensor unit is mounted to the damping unit [e.g., to the plunger (piston) 24 and/or the chamber (cylinder) 26 as taught in FIG. 4 by Poertzgen (EP, ‘224)] to measure a movement travel of the piston [e.g., to sense the movement of the piston (plunger 24) relative to the cylinder (chamber 26), as taught by Poertzgen (EP, ‘224) in FIG. 4, claim 4, etc.] to detect the braking intention of the driver [e.g., to detect the actuation of the brake pedal by the driver as taught at column 1, lines 13ff of Poertzgen (EP, ‘224)],
wherein the brake pedal module is a pre-assembled structural unit [e.g., as shown in FIG. 1 of Constantakis et al. (‘909), with the mounting bracket obviously being mounted in a “vehicle” (paragraph [0056]); and as shown by Koo et al. (‘442) in FIG. 1] which is self- contained in terms of forces [e.g., since the brake pedal assembly 10 of Constantakis et al. (‘909) would have obviously been stationary at times, per Newton’s Second Law, the sum of its forces would have been zero; and with the brake pedal assemblies shown by Constantakis et al. (‘909) in FIG. 1 and Koo et al. (‘442) in FIG. 1 obviously being self-contained modules capable of being e.g., shipped, transported, etc. as units], wherein the carrier component comprises a plate at least two struts that extend parallel to one another from the plate [e.g., FIG. 1 in Constantakis et al. (‘909), with the plate and strut(s), etc. labeled by the examiner in the footnote below[5]; and FIG. 1 in Koo et al. (‘442)], the at least two struts connected to one another at respective ends remote from the plate [e.g., as shown in FIG. 1, the pivot axis of the brake pedal 16 obviously connects the respective ends of the struts of the bracket 40; and as being hinged as taught by Koo et al. (‘442)], wherein the damping unit is secured on the plate [e.g., as obviously shown in FIG. 1 of Constantakis et al. (‘909)] and the brake pedal is [e.g., at the two free ends of the struts, opposite the plate, as obviously shown in FIG. 1 of Constantakis et al. (‘909)] pivotably suspended between the at least two struts about a pivot axis S extending through at least a first side wall section and a second side wall section, the second side wall section opposite the first side wall section, wherein the brake pedal is mounted in first side wall section and the second side wall section [e.g., as shown in FIG. 1 of Constantakis et al. (‘909), and as detailed by the examiner in the footnote 5 above, with the examiner understanding that the shaft on which the brake pedal is mounted for pivotal movement must be (or alternatively, would have obviously been, when Constantakis et al. (‘909) was interpreted by one of ordinary skill in the art) received in and/or journalled within the side wall sections/portions of the struts];
per claim 3, depending from claim 1, wherein the damping unit is coupled to the brake pedal between ends thereof [e.g., as shown by both Constantakis et al. (;909) and Koo et al. (‘442)];
per claim 4, depending from claim 1, wherein the damping unit is coupled to the brake pedal by an actuating tappet [e.g., plunger clevis 14 in Constantakis et al. (‘909); and/or the operation rod 8 in Koo et al. (‘442)], wherein the actuating tappet is mounted in an articulated manner on the brake pedal [e.g., pinned to the brake pedal 16, paragraph [0036] and FIGS. 5A to 5D in Constantakis et al. (‘909)] by one of a pivot joint [e.g., pinned to the brake pedal 16, paragraph [0036] and FIGS. 5A to 5D in Constantakis et al. (‘909)] or a ball-and-socket joint;
per claim 7, depending from claim 1, wherein there is an aperture for the damping unit in the carrier component [e.g., inside the chamber/cylinder 36 in Constantakis et al. (‘909); and as shown in FIG. 1 of Koo et al. (‘442), as called out by the examiner e.g., in footnote 4, above], and the damping unit [e.g., including the plunger 34, the springs 30, 32, etc. in Constantakis et al. (‘909); and including the piston 7, the operation rod 8, etc. in Koo et al. (‘442)] is inserted into the aperture [e.g., as shown/obvious in FIGS. 1A-1 to 1A-3 of Constantakis et al. (‘909); and similarly in FIG. 1 of Koo et al. (‘442)], from a side of the carrier component which faces away from the brake pedal [e.g., this product-by-process limitation would have been obvious to one of ordinary skill in the art, e.g., to assemble the assembly/device shown in Constantakis et al. (‘909) and Koo et al. (‘442); see MPEP 2113];
per claim 8, depending from claim 1, wherein the damping unit is pneumatically self-contained such that no there are no fluid connections on the damping unit [e.g., inside the chamber/cylinder 36 and the chamber 26, in Constantakis et al. (‘909); and inside the housing 5 (having the chamber 5a) in Koo et al. (‘442)];
per claim 10, depending from claim 1, wherein the damping unit is mechanically coupled to the brake pedal in such a way that the damping unit is subjected to compression when the brake pedal is actuated [e.g., as shown by both Constantakis et al. (‘909) in FIG. 1 and Koo et al. (‘442) in FIG. 1];
per claim 14, depending from claim 4, wherein the carrier component has a plate and at least one strut of the at least two struts which extends from the plate [e.g., as shown by both Constantakis et al. (;909; e.g., FIG. 1) and Koo et al. (‘442; e.g., FIG. 1), wherein the damping unit is secured on the plate and the brake pedal is mounted pivotably to the at least two struts [e.g., the examiner marks the plate and strut on FIG. 1 of Constantakis et al. (‘909) in the footnote 2 above];
per claim 18, depending from claim 1, wherein the damping unit further comprises a housing [e.g., the cavity 26 in Constantakis et al. (‘909)] in which the piston [e.g., the plunger 24 in Constantakis et al. (‘909), and in particular the (increased diameter) left-most section thereof which is received by the chamber 26] is movably mounted, wherein the piston is coupled to the brake pedal [e.g., to 16 in Constantakis et al. (‘909)] via a piston rod [e.g., the plunger clevis 14, or equivalently the (reduced height) extension of the plunger 24 that defines the hole in FIG. 1A-1] and an actuating tappet [e.g., the pin shown in FIG. 1 by which the plunger clevis 14 is pinned to the brake pedal 16 (paragraph [0036])] resting against the piston rod;
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
For example only, Himetani (Japan, ‘2015-230628) reveals in FIG. 2 (reproduced below) a brake pedal mounting arrangement in which a support axis S extends through two support plates 20, 22 of the pedal bracket 14:
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Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David A Testardi whose telephone number is (571)270-7876. The examiner can normally be reached Monday, Tuesday, Thursday, 8:30am - 5:30pm E.T., and Friday, 8:30 am - 12:30 pm E.T.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachid Bendidi can be reached at (571) 272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAVID A TESTARDI/Primary Examiner, Art Unit 3664
1 See MPEP 2173.05(o).
2 FIG. 1 of Constantakis et al. (‘909) as marked by the examiner below/on the next page to show one of the two struts, the plate, the axis, the side wall section, and an obvious shaft on which the pedal is mounted for pivotal movement:
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3 ax·is (ăk′sĭs) n.
1. A straight line about which a body or geometric object rotates or may be conceived to rotate.
2. Mathematics
a. An unlimited line, half-line, or line segment serving to orient a space or a geometric object, especially a line about which the object is symmetric.
b. A reference line from which distances or angles are measured in a coordinate system.
3. A center line to which parts of a structure or body may be referred.
. . .
[From: American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved. Retrieved 24 October 2025.]
4 The examiner has labeled/annotated the (circular) aperture in an enlargement of FIG. 1 from Koo et al. (‘442), reproduced below:
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5 FIG. 1 of Constantakis et al. (‘909) as marked by the examiner below/on the next page to show one of the two struts, the plate, the axis, the side wall section, and an obvious shaft on which the pedal is mounted:
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Prosecution Insights