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 03/12/2024 and 05/03/2024. 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 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Byun et al. (US 9,120,375 B2).
Regarding claim 1, Byun et al. discloses an actuating apparatus for a vehicle, comprising:
at least one first actuating surface (200) configured to specify a braking request;
at least one second actuating surface (100) configured to specify an acceleration request;
a first sensor unit (230-240) configured to detect an actuating force exerted on the first actuating surface, and
a second sensor unit (500) configured to detect an actuating force exerted on the second actuating surface, wherein
at least one of the sensor units (500) is configured to detect an actuation of both actuating surfaces.
Re-claim 2, Byun et al. discloses a third sensor unit (112, 130, 140), wherein:
the first sensor unit (230-240) is assigned exclusively to the first actuating surface (200),
the second sensor unit (500) is assigned to both actuating surfaces, and
the third sensor unit (112, 130, 140) is assigned exclusively to the second actuating surface (100).
Re-claim 3, Byun et al. discloses the second sensor unit (500) is mechanically coupled to the first sensor unit (230-240) and the third sensor unit.
Re-claim 4, Byun et al. discloses the second sensor unit (500) is disposed on a side of the first sensor unit (230-240) facing away from the first actuating surface and/or on a side of the third sensor unit (112, 130, 140) facing away from the second actuating surface (note fig. 14).
Re-claim 5, Byun et al. discloses a normal operating mode:
a detection signal from the first sensor unit (230-240) is provided for controlling a brake system,
a detection signal from the third sensor unit (112, 130, 140) is provided for controlling a drive system, and
a detection signal from the second sensor unit (500) is provided for checking the plausibility of the detection signal from the first sensor unit and/or the detection signal from the third sensor unit (note col. 6, line 58 to col. 7, line 20; also note figs. 16-17).
Re-claim 6, Byun et al. discloses in a first fault operating mode in which the second sensor unit has a fault: the detection signal from the first sensor unit is provided for controlling the brake system, the detection signal from the third sensor unit is provided for controlling the drive system, and the plausibility check of the detection signal from the first sensor unit and the detection signal from the third sensor unit is omitted (note col. 6, line 58 to col. 7, line 20; also note figs. 16-17).
Re-claim 7, Byun et al. discloses in a second fault operating mode in which the first sensor unit has a fault, the detection signal from the second sensor unit is provided for controlling the brake system, and/or in a third fault operating mode in which the third sensor unit has a fault, the detection signal from the second sensor unit is provided for controlling the drive system (note col. 6, line 58 to col. 7, line 20; also note figs. 16-17).
Re-claim 8, Byun et al. discloses in a fourth fault operating mode in which the first sensor unit and the third sensor unit have a fault, the detection signal from the second sensor unit is provided for controlling the brake system (note col. 6, line 58 to col. 7, line 20; also note figs. 16-17).
Regarding claim 9, Byun et al. discloses a vehicle pedal assembly (note fig. 2) comprising at least one actuating apparatus according to claim 1.
Regarding claim 10, Byun et al. discloses a drive-by-wire system (note the electronic pedal module 10) comprising at least one vehicle pedal assembly according to claim 9.
Regarding claim 11, Byun et al. discloses a motor vehicle, comprising a drive-by-wire system (note the electronic pedal module 10) according to claim 10.
Regarding claim 12, Byun et al. discloses a method (note col. 6, line 58 to col. 7, line 20; also note figs. 14-17) for monitoring an actuating apparatus according to claim 1, wherein: an actuation of a first actuating surface for specifying a braking request, including an actuating force exerted on the first actuating surface, is ascertained by way of a first sensor unit, an actuation of a second actuating surface for specifying an acceleration request, including an actuating force exerted on the second actuating surface, is ascertained by way of a second sensor unit, and an actuation of both actuating surfaces is ascertained by way of at least one of the sensor units and a corresponding detection signal is used at least in a normal operating mode to check the plausibility of a detection signal from the other sensor unit.
Re-claim 13, Byun et al. discloses only an actuation of the first actuating surface is ascertained by way of the first sensor unit, an actuation of both actuating surfaces is ascertained by way of the second sensor unit, only an actuation of the second actuating surface is ascertained by way of a third sensor unit, and a fault allocation is carried out by comparing a detection signal from the first sensor unit, a detection signal from the second sensor unit, and a detection signal from the third sensor unit (note col. 6, line 58 to col. 7, line 20; also note figs. 14-17).
Re-claim 14, Byun et al. discloses in a first step, the detection signal from the first sensor unit is compared with the detection signal from the second sensor unit, in a second step, the detection signal from the third sensor unit is compared with the detection signal from the second sensor unit, in a third step, the fault allocation is carried out by evaluating and comparing the first comparison in the first step and the second comparison in the second step, in the event of a fault in the first comparison and a fault in the second comparison, the second sensor unit is classified as non-functional, in the event of a fault in the first comparison and a fault-free second comparison, the first sensor unit is classified as non-functional, and in the event of a fault-free first comparison and a fault in the second comparison, the third sensor unit is classified as non-functional (note col. 6, line 58 to col. 7, line 20; also note figs. 14-17).
Re-claim 15, Byun et al. discloses the vehicle is a motor vehicle (note col. 1, line 23).
Conclusion
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/MAHBUBUR RASHID/Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616