DETAILED ACTION
Information Disclosure Statement
The Information disclosure statement has been received and considered.
Claim Rejections - 35 USC § 112
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 1-10 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.
Regarding claim 1 at page 3 line 19 of the “Amendments to the Claims “ the limitations “.. the front passenger-side brake pedal assembly is pressed down…. and the motor vehicle returns to a braking free state.” are method limitations in a structural claim. It becomes unclear what exactly applicants are relying upon for patentability—the structure of the front passenger side brake control device or its method of operation. Note these limitations cross different statutory classes of invention (i.e. Product vs. Method).
Also the limitation on the last line of claim 1 of “.. a braking free state”. Is not understood since no ‘brake engaged state’ was previously claimed.
Claim 7 contains the same type of problem at page 9 line 11 of the “Amendments to the Claims”.
Allowable Subject Matter
Claims 1-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
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/CHRISTOPHER P SCHWARTZ/Primary Examiner, Art Unit 3616
1/4/26