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 § 102
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) 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Noack et al (WO 2009/003835).
Noack et al disclose a foot brake device for a vehicle, including a utility vehicle and/or a commercial vehicle, comprising: a foot brake pedal (2) for activation by a driver of the vehicle; a first foot brake sensor (9), which is coupled with the foot brake pedal (2), wherein the first foot brake sensor (9) is configured to determine a respective position of the foot brake pedal (2) upon activation of the foot brake pedal (2) by the driver, and wherein the first foot brake sensor (9) is configured to generate a first electric control signal corresponding to the position of the foot brake pedal (2); and at least one member (1) configured to generate a physical counter force against which the foot brake pedal (2) must work upon its activation by the driver, wherein the amount of the counter force is substantially proportional to the degree of activation of the foot brake pedal (2) by the driver and indicates the degree of activation of the foot brake pedal (2) to the driver wherein the at least one member (1), which generates the counter force for the foot brake pedal (2), includes at least one of the following: (i) a spring element (7), including a mechanical spring, a spiral spring, a coil spring, a leaf spring, or a gas pressure spring, and/or (ii) a damping element (6), including a hydraulic damper or a rubber damper wherein the at least one member (1) includes at least two of the spring element (7) wherein the at least two of the spring element (7) and /or the damping element (6) are connected in series and/or in parallel with each other (see Fig 1).
Allowable Subject Matter
Claims 21, 24-31, 33-36, 38 and 39 are allowed.
Claim 40 is 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.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICKY A JOHNSON whose telephone number is (571)272-7106. The examiner can normally be reached Monday - Friday.
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/VICKY A JOHNSON/Primary Examiner, Art Unit 3617
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