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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/31/2023 and 12/18/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 8, 9, 12, 13 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Werner (WO 2023046450 A1).
Regarding claim 1, Werner discloses a brake pedal assembly (1; fig. 1) comprising:
a pedal housing (15) and bracket including a mounting surface configured for securement the pedal housing within a vehicle;
a pedal arm (2) having a proximal portion pivotally supported by the pedal housing and a distal portion including a foot pad (3) spaced from the bracket, the pedal arm configured to pivot from an unactuated position to a fully actuated position in response to application of a force to the foot pad; and
a pedal emulator system configured to provide variable operator feedback as the pedal arm pivots in response to the application of force,
wherein the pedal emulator system includes:
a first spring set (14) engaged with the pedal arm (2) at the unactuated position and operable to bias the pedal arm toward the unactuated position, and
a second spring set (6) engaged with the pedal arm only after the pedal arm pivots from the unactuated position to a first intercept position between the unactuated and fully actuated positions, the second spring set (6) operable in parallel with the first spring set (14) to bias the pedal arm toward the unactuated position,
wherein the first (14) and second sets (6) of springs are arranged at different positions along the pedal arm.
Re-claim 2, Werner discloses the pedal emulator system further includes a friction device (7-9) engaged with the first spring set (14) for generating a resistance force against movement of the pedal, both toward and away from the unactuated position, through friction contact therewith.
Re-claim 3, Werner discloses a distance between a pivot axis (4) of the pedal arm and a point of engagement of the first spring set (14) on the pedal arm is less than a distance between the pivot axis (4) of the pedal arm and a point of engagement of the second spring set (6) on the pedal arm.
Re-claim 8, Werner discloses the pedal arm has a total angle of travel from the unactuated position to the fully actuated position, an angle of travel between the unactuated position and the first intercept position is approximately one third the total angle, an angle of travel between the first intercept position and the second intercept position is approximately one third the total angle, and an angle of travel between the second intercept position and the fully actuated position is approximately one third the total angle.
Re-claim 9, Werner discloses the first spring set (14) includes two nested springs.
Regarding claim 12, Werner discloses a pedal emulator system (1; fig. 1) comprising:
a first spring set (14) engaged with a pedal arm at an unactuated position and operable to bias the pedal arm toward the unactuated position, and
a second spring set (6) engaged with the pedal arm only after the pedal arm pivots from the unactuated position to a first intercept position between the unactuated and fully actuated positions, the second spring set operable in parallel with the first spring set to bias the pedal arm toward the unactuated position,
wherein the first (14) and second (6) sets of springs are arranged at different positions within the pedal emulator system.
Re-claim 13, Werner discloses a friction device (7-9) engaged with the first spring set (14) for generating a resistance force against movement of the pedal, both toward and away from the unactuated position, through friction contact therewith.
Regarding claim 19, Werner discloses a brake pedal assembly (1; fig. 1) comprising:
a pedal housing (15) and a bracket including a mounting surface configured for securement of the pedal housing within a vehicle;
a pedal arm (2) having a proximal portion pivotally supported by the pedal housing and a distal portion including a foot pad (3) spaced from the bracket, the pedal arm configured to pivot from an unactuated position to a fully actuated position in response to application of a force to the foot pad; and
a pedal emulator system configured to provide variable operator feedback as the pedal arm rotates around the pivot in response to the application of force, the pedal emulator system including:
a set of springs (6, 14) that selectively engages the pedal arm, the set of springs configured to provide variable operator feedback as the pedal arm pivots in response to the application of force, wherein the set of springs is inactive through a first range of travel from the unactuated position (note a control unit with a pedal emulator sensor is connected, and the control unit is arranged to control the brake according to readings of the sensor; different sensors, also different sensors in combination, can be used; for example, it is possible to use a sensor to detect a rotation angle of the pedal lever about the axis of rotation and/or to use a sensor to detect the travel or spring travel of the restoring element and/or the intermediate spring element; wherein, the control unit can then control the brake accordingly by means of a suitable actuator according to the measured values of the sensor or the combination of sensors and thus according to the driver's wishes).
Claims 1-3, 10, 12, 13 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 102451768 B1.
Regarding claim 1, KR’768 discloses a brake pedal assembly (1; figs. 1-11e) comprising:
a pedal housing (120) and bracket including a mounting surface configured for securement the pedal housing within a vehicle;
a pedal arm (220) having a proximal portion pivotally supported by the pedal housing and a distal portion including a foot pad (230) spaced from the bracket, the pedal arm configured to pivot from an unactuated position to a fully actuated position in response to application of a force to the foot pad; and
a pedal emulator system configured to provide variable operator feedback as the pedal arm pivots in response to the application of force,
wherein the pedal emulator system includes:
a first spring set (400, 440) engaged with the pedal arm (220) at the unactuated position and operable to bias the pedal arm toward the unactuated position, and
a second spring set (300, 340) engaged with the pedal arm only after the pedal arm pivots from the unactuated position to a first intercept position between the unactuated and fully actuated positions, the second spring set (300, 340) operable in parallel with the first spring set (300, 340) to bias the pedal arm toward the unactuated position,
wherein the first (400, 440) and second sets (300, 340) of springs are arranged at different positions along the pedal arm.
Re-claim 2, KR’768 discloses the pedal emulator system further includes a friction device (480) engaged with the first spring set (440) for generating a resistance force against movement of the pedal, both toward and away from the unactuated position, through friction contact therewith.
Re-claim 3, KR’768 discloses a distance between a pivot axis (a1) of the pedal arm and a point of engagement of the first spring set (440) on the pedal arm is less than a distance between the pivot axis (a1) of the pedal arm and a point of engagement of the second spring set (340) on the pedal arm.
Re-claim 10, KR’768 discloses the second spring set (340) is disposed in a first housing (350, 320, 312) , and the first housing is in contact with the pedal arm only after the pedal arm (200) pivots from the unactuated position to the first intercept position.
Regarding claim 12, KR’768 discloses a pedal emulator system (1; figs. 1-11e) comprising:
a first spring set (440) engaged with a pedal arm at an unactuated position and operable to bias the pedal arm toward the unactuated position, and
a second spring set (340) engaged with the pedal arm only after the pedal arm pivots from the unactuated position to a first intercept position between the unactuated and fully actuated positions, the second spring set operable in parallel with the first spring set to bias the pedal arm toward the unactuated position,
wherein the first (440) and second (340) sets of springs are arranged at different positions within the pedal emulator system.
Re-claim 13, KR’768 discloses a friction device (480) engaged with the first spring set (440) for generating a resistance force against movement of the pedal, both toward and away from the unactuated position, through friction contact therewith.
Re-claim 18, KR’768 discloses the second spring set (340) is disposed in a spring housing (350, 320, 312), and the spring housing is in contact with the pedal arm (200) only after the pedal arm pivots from the unactuated position to the first intercept position.
Regarding claim 19, KR’768 discloses a brake pedal assembly (1; fig. 1) comprising:
a pedal housing (120) and a bracket including a mounting surface configured for securement of the pedal housing within a vehicle;
a pedal arm (200, 220) having a proximal portion pivotally supported by the pedal housing and a distal portion including a foot pad (230) spaced from the bracket, the pedal arm configured to pivot from an unactuated position to a fully actuated position in response to application of a force to the foot pad; and
a pedal emulator system configured to provide variable operator feedback as the pedal arm rotates around the pivot in response to the application of force, the pedal emulator system including:
a set of springs (340, 440) that selectively engages the pedal arm, the set of springs configured to provide variable operator feedback as the pedal arm pivots in response to the application of force, wherein the set of springs is inactive through a first range of travel from the unactuated position.
Re-claim 20, KR’768 discloses the set of springs (340) is disposed in a spring housing (350, 320, 312), and the housing is in contact with the pedal arm only after the pedal arm pivots through the first range of travel.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Werner (WO 2023046450 A1) in view of Wagner et al. (US 2023/0114657 A1).
Regarding claim 11, Werner discloses all claimed limitations as set forth above including a control unit with a pedal emulator sensor is connected, and the control unit is arranged to control the brake according to readings of the sensor; different sensors, also different sensors in combination, can be used; for example, it is possible to use a sensor to detect a rotation angle of the pedal lever about the axis of rotation and/or to use a sensor to detect the travel or spring travel of the restoring element and/or the intermediate spring element; wherein, the control unit can then control the brake accordingly by means of a suitable actuator according to the measured values of the sensor or the combination of sensors and thus according to the driver's wishes, but fails to disclose the set of position sensors including a subset of inductive sensors and a subset of vectored Hall sensors as recited in the claim. However, Wagner et al. discloses a pedal assembly with position sensor comprising an inductive sensor and Hall effect sensor (note [0012]-[0013]). It would have been obvious to one have ordinary skill in the art at time before the filing date of the present application was made to modify the sensor assembly of Werner to include an inductive sensor and Hall effect sensor as taught by Wagner et al. since such sensors are reliable and will provide more accurate measurement of the pedal travel position.
Allowable Subject Matter
Claims 4-8 and 14-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/MAHBUBUR RASHID/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616