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 Amendment
The last Office action was based on the wrong claim set. Therefore, the finality of that action is withdrawn and Applicant’s amendment of 7/01/2026 has been entered.
Election/Restrictions
Claims 1, 4, 9, 17 and 20 are allowable. Claims 5-8, 12-16 and 18-19, previously withdrawn from consideration as a result of a restriction requirement, include all the limitations of an allowable claim. Pursuant to the procedures set forth in MPEP § 821.04(a), the restriction requirement among inventions I-VII, as set forth in the Office action mailed on 5/29/2025, is hereby withdrawn and claims 5-8, 12-16 and 18-19 are hereby rejoined and fully examined for patentability under 37 CFR 1.104. In view of the withdrawal of the restriction requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
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.
Claims 6-8 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.
Claim 6 recites “the guide element is of annular configuration, with a gearwheel toothing system at least in sections, and being mounted rotatably in the housing, wherein the transmission arrangement has a push-pull rod which is guided such that it can be moved linearly, acts on the guide element alternatively with a thrust and pulling force in a case of a brake pedal actuation, and is connected via a connecting point to the guide element in such a way that a thrust movement of the push/pull rod is converted into a rotational movement of the guide element,”. Parent claim 1 has been amended to recite “wherein the guide element is guided such that it can be moved linearly in the housing and supports the first and second pedal travel transducers; wherein the transmission arrangement comprises a thrust rod which is guided such that it can be moved linearly and which acts on the guide element with a thrust force in the case of a brake pedal actuation, the thrust rod being connected via a connecting point to the guide element in such a way that a thrust movement of the thrust rod can be forwarded into a linear movement of the guide element”. The original disclosure does not support the combination of a guide element which is guided such that it can be moved linearly in the housing and also is of an annular configuration, with a gearwheel toothing system at least in sections, and being mounted rotatably in the housing, and that a thrust movement of the push/pull rod is converted into a rotational movement of the guide element.
Claim 6 also recites “the first and the second mechanism element are in each case of wheel-shaped configuration, and being mounted in each case in a stationary and a rotatable manner in the housing by way of a cover element, wherein the first and the second mechanism element are positioned next to one another in the housing in such a way that they in each case form a gear mechanism”. Parent claim 1 has been amended to recite “wherein the first and the second mechanism elements each comprise a spring acting between the housing and the guide element with a restoring force counter to the thrust force, the springs being arranged such that their respective lines of action run parallel to a linear movement direction of the guide element.” The original disclosure does not support the combination of the first and the second mechanism element of rotable wheel-shaped configuration and also comprising springs being arranged such that their respective lines of action run parallel to a linear movement direction of the guide element.
Claim 7 recites “the connecting point being such that, together with the push/pull rod, forms a cross-slider crank mechanism, in which the annular guide element has a slotted guide and the push/pull rod has a pin which is guided in the slotted guide.” The original disclosure does not support the combination of the cross-slider crank mechanism and the linear moving guide arrangement and springs of parent claim 1.
The newly claimed combinations therefore constitute new matter.
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 6-8 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.
Claim 6 recites “the transmission arrangement has a push-pull rod”. It is not clear if the push-pull rod is the same as the thrust rod of parent claim 1, or is an additional rod.
Allowable Subject Matter
Claims 1, 4-5, 9, and 12-20 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY T KING whose telephone number is (571)272-7117. The examiner can normally be reached 10:30-5:00 PM.
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/BRADLEY T KING/Primary Examiner, Art Unit 3616
BTK
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