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 .
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 1-9 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, line 1, and throughout the claims, the term “type” is an indefinite term that renders the associated structural terms indefinite.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(A)(1) as being anticipated by Lin ‘597 (USPN 5,673,597).
Regarding claim 1, Lin ‘597 teaches an operation pedal system that is installed in a straddle-type vehicle (a motorcycle), the operation pedal system comprising: an operation pedal (brake pedal 1) having an arm portion 2 extending generally in a front-back direction of the straddle-type vehicle, and a pedal portion 3 protruding outward in a left-right direction in the straddle-type vehicle from a front end portion of the arm portion (Figure 2); and a tread surface forming member 5, 9, 14, that is attached to the pedal portion 3 to form a first tread surface above the pedal portion that receives a stepping force when a stepping operation is performed on the operation pedal, wherein the tread surface forming member is separate from the operation pedal, and the tread surface forming member has a body portion 5 having a tread surface forming surface forming the first tread surface on an upper surface, and an attachment mechanism 21 provided on the body portion for detachably attaching the tread surface forming member to the pedal portion.
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.
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(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin ‘597 (5,673,597) in view of Lin ‘754 (USPN 6,439,754).
Regarding claims 2 and 3, Lin’597 teaches all of the claimed features except that it is not clear if the base plate 3 has a second tread surface, and the attachment mechanism is a screw rather than a latching attachment structure. Lin’597 does teach a second surface formed on an upper surface of the pedal portion 3 that could receive a stepping force when the stepping operation is performed on the operation pedal in a state where the tread surface forming member is removed from the pedal portion, and a height of the first tread surface formed by attaching the tread surface forming member to the pedal portion is higher than a height of the second surface.
Lin ‘754 teaches an operational pedal system including a tread surface forming member 2 with a tread surface that receives stepping force from a user and that is latched onto an operational pedal 1 by latching member 21, 22. The operational pedal 1 is mounted to a longitudinally extending arm (Figures 2 and 3). The operational pedal 1 is a conventional brake pedal of the type having a second tread surface. Lin ‘754 also teaches latched 21, 22 (Figure 2) for attaching the tread surface forming member to the operational pedal.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the pedal base plate of Lin ‘597 with a tread surface and to attach the tread surface forming member using a latch, as taught by Lin’754, with a reasonable expectation of success, in order to effectively use of the pedal without the removable tread surface forming member and to easily remove and replace the tread surface forming member when required.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin ‘597 (5,673,597) in view of Day (USPN 7,793,961).
Regarding claims 5 and 6, Lin’597 is silent regarding a holder for holding the tread surface forming member removed from the pedal portion on the straddle-type vehicle, wherein the holder is provided in a portion of the straddle-type vehicle other than the operation pedal.
Day teaches a tread surface forming member 40 removably attached to a footrest assembly 24 on a motorcycle 10. It teaches that the tread surface forming member can be easily pulled off of the footrest support and kept on hand by storing it in the saddle bag storage unit 26 or elsewhere on the motorcycle (co. 4, lines 19-30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to store the tread surface forming member of Lin ‘597 in a holder (either saddle bag storage unit or a holder located elsewhere on the motorcycle), as taught by Day, with a reasonable expectation of success, in order to keep the tread surface holding member readily at hand when it is required. Regarding claim 5, the holder of Day is provided in a portion of the straddle-type vehicle other than the operation pedal and exposed to outside, and the tread surface forming member removed from the pedal portion is attached to the holder in a state of being exposed to outside.
Allowable Subject Matter
Claims 4 and 7-9 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Edwards teaches a tread surface forming member mounted to a tread surface by a turnable latching clip (clip 19, seen in Figures 6 and 7; page 2, lines 38-51).
Nakamura teaches a footrest having first and second tread surfaces.
Cyr and Griep teach footrests having a removable tread member.
Tada teaches a brake pedal having a forwardly extending arm with a pedal portion mounted to its forward end.
Yaffe shows a gearshift pedal having a removable tread member.
Lien teaches a removable pedal tread member
Hofmann teaches a tread member removably connected to a footrest plate.
Boruff teaches a mounting member for a kickstand support.
Lee teaches a pedal cover removably coupled to a pedal by a “latching means”.
Thorp, Straker, Lien, and Lambert teach removable pedal covers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anne Marie M. Boehler whose telephone number is (571)272-6641. The examiner can normally be reached Monday-Friday, 8-5pm.
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, Valentin Neacsu can be reached at 571-272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNE MARIE M BOEHLER/Primary Examiner, Art Unit 3611
/ab/