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 .
Specification
The use of the term Yamaha Tenere 700, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
It is recommended to remove the use of this name from the Title of the Application and replace with, for example, Motorcycle Rear Brake Pedal. See MPEP 608.01 (V).
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 1-3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite in that it fails to point out what is included or excluded by the claim language. These claims are omnibus type claims. See MPEP 2173.05 (r).
Claim Interpretation
Since it is not possible to ascertain what exactly the claimed scope is drawn to, a prior art rejection will not be included at this time. However, many prior art have been cited as pertinent art and would be relevant to the invention as disclosed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art include inventions pertinent to the problem of leverage or modifying pedal ratios and/or the structure of adding an extra hole so as to modify leverage. Prior art also includes examples of angled or offset clevis.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS C DIAZ whose telephone number is (571)270-5461. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Olszewski can be reached at 571-272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS C DIAZ/Primary Examiner, Art Unit 3617