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 3-4, 6, and 10 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.
The term “substantially” in claim 3 (line 3) is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Accordingly, the examiner cannot determine the metes and bounds of the presently claimed invention as defined by claim 3.
In order to provide an initial examination and search the examiner interprets claim 3 such that the word “substantially” is ignored and considered deleted.
The term “substantially” in claim 4 (line 3) is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Accordingly, the examiner cannot determine the metes and bounds of the presently claimed invention as defined by claim 4.
In order to provide an initial examination and search the examiner interprets claim 4 such that the word “substantially” is ignored and considered deleted.
The term “substantially” in claim 6 (line 3) is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Accordingly, the examiner cannot determine the metes and bounds of the presently claimed invention as defined by claim 6.
In order to provide an initial examination and search the examiner interprets claim 6 such that the word “substantially” is ignored and considered deleted.
The term “substantially” in claim 10 (lines 2 and 3) is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Accordingly, the examiner cannot determine the metes and bounds of the presently claimed invention as defined by claim 10.
In order to provide an initial examination and search the examiner interprets claim 10 such that the word “substantially” is ignored and considered deleted.
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ruhl et al. (U.S. Patent Application Publication 2020/0026321).
Regarding claim 1, Ruhl et al. disclose a foot switch assembly comprising:
a base (comprising: 1) “pedal substrate 120”, and 2) “base structure 124,” see [0070] and figure 5A, and alternate/equivalent counterparts in other embodiments) extending from a forward end (the end adjacent to the unhinged end, see figure 5A) to a rear end (the end adjacent to the hinged end, see figure 5A),
a heel rest at the rear end of the base (the very proximal portion of pedal platform 110,” located above the hinge 122, see [0070] and figure 5A, and alternate/equivalent counterparts in other embodiments) with an upper surface, and
a moveable foot pedal (the rest of the “base structure 124” or the more distal portion of base structure 124 other than the heel rest, see [0070]-[0071] and figure 5A, and alternate/equivalent counterparts in other embodiments) arranged adjacent to the heel rest,
wherein the moveable foot pedal is mounted to the base via a hinge (“attachment point 122 may be configured as a pivotal attachment, such as a hinge,” see [0071] and figure 5A, and alternate/equivalent counterparts in other embodiments) having a pivot axis, which is centered with respect to the upper surface of the heel rest.
Regarding claim 2, Ruhl et al. disclose the claim invention including the heel rest is fixed relative to the base. The heel rest of Ruhl et al. is fixed laterally or horizontally – wherein the lateral or horizontal direction is coming out of the page in figure 5A.
Regarding claim 3, Ruhl et al. disclose the claim invention including the heel rest is rotatably mounted with respect to the base, and an axis of rotation about which the heel rest is configured to rotate, extends perpendicular to the upper surface of the heel rest (see figure 5A).
Regarding claim 4, Ruhl et al. disclose the claim invention including the hinge comprises a first hinge assembly (122, see figure 5A) configured to allow rotation of the moveable foot pedal around a first hinge axis which extends parallel to and coincides with the upper surface of the heel rest.
Claims 1, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jawidzik (U.S. Patent Application Publication 2020/0064879).
Regarding claim 1, Jawidzik discloses a foot switch assembly comprising:
a base (“base 202,” see [0034]-[0039] and figures 1-6, and alternate/equivalent counterparts in other embodiments) extending from a forward end (the end adjacent the user’s toes see figures 1-6) to a rear end (the end adjacent to the user’s heel see figures 1-6),
a heel rest at the rear end of the base (“heel rest area 116,” see [0022] and figure 1, and alternate/equivalent counterparts in other embodiments) with an upper surface, and
a moveable foot pedal (“treadle 108,” see [0022]-[0023] and figures 1-6, and alternate/equivalent counterparts in other embodiments) arranged adjacent to the heel rest,
wherein the moveable foot pedal is mounted to the base via a hinge {here hinge is interpreted as a moveable joint or mechanism} (collectively “ couplings 132, 134” - “The treadle 108 includes a pair of side supports 112, 114 rotatably coupled with the base 102 via couplings 132, 134,” see [0022] and figures 1-6, and alternate/equivalent counterparts in other embodiments) having a pivot axis, which is centered with respect to the upper surface of the heel rest (see figures 1-6).
Regarding claim 5, Jawidzik discloses the claim invention wherein travel of the moveable foot pedal in a vertical direction is less than 15º (see [0032] and 3A-3B).
Claims 1, 6, and 8-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jochinsen et al. (U.S. Patent Application Publication 2018/0132958).
Regarding claim 1, Jochinsen et al. disclose a foot switch assembly comprising:
a base (“base 12,” see [0022] and figure 2, and alternate/equivalent counterparts in other embodiments) extending from a forward end (the end adjacent to 14, 52 and 18/18, see figure 2) to a rear end (the end adjacent to 20 see figure 2),
a heel rest at the rear end of the base (“heel cup 16,” see [0022] and figure 2, and alternate/equivalent counterparts in other embodiments) with an upper surface (the flat surface of heel receiver 310 ), and
a moveable foot pedal (“treadle 14,” see [0022] and figure 2, and alternate/equivalent counterparts in other embodiments) arranged adjacent to the heel rest,
wherein the moveable foot pedal is mounted to the base via a hinge {here hinge is interpreted as a moveable joint or mechanism} (the moveable joint/mechanism shown adjacent the heel of the foot in figures 3-4, also see [0024]-[0032], and alternate/equivalent counterparts in other embodiments) having a pivot axis (at least one pivot axis – wherein the first pivot axis is defined about the pitch axis 220 see figures 1, and 3-4), which is centered with respect to the upper surface of the heel rest (see figures 3-4).
Regarding claim 6, Jochinsen et al. disclose the claim invention including the hinge comprises a second hinge assembly (moveable joint(s) responsible for movement or rotation about the yaw axis 230, see figures 3-4 ) configured to allow rotation of the moveable foot pedal around a second hinge axis (yaw axis 230) which extends perpendicular to the upper surface of the heel rest.
Regarding claim 8, Jochinsen et al. disclose the claim invention including one or more adjustable width limiters on a top surface of the moveable foot pedal (“Side switches 18 may be adjusted inwardly or outwardly to increase or decrease the distance between switches 18 and accommodate for variations in the width of a user foot,” see [0022] and figure 2).
Regarding claim 9, Jochinsen et al. disclose the claim invention including the base further comprises a channel extending in a forward-backward direction, the channel defined by opposing side walls, and wherein the moveable foot pedal is arranged within the channel between the opposing side walls (the channel is defined by “Side switches 18 may be adjusted inwardly or outwardly to increase or decrease the distance between switches 18 and accommodate for variations in the width of a user foot,” see [0022] and figure 2).
Regarding claim 10, Jochinsen et al. disclose the claim invention including a multi-actuation switch (“a footswitch 300 which supports and responds to commands based on natural tri-planar motion of an operator's foot 100 centered near the operator's ankle,” see [0023] and figures 3-4, and alternate/equivalent counterparts in other embodiments) and an actuation body (the pitch sensor 420, yaw sensor 430, and/or roll sensor 410, see [0032] and figure 4, and alternate/equivalent counterparts in other embodiments) having a pivot axis that extends parallel to the moveable foot pedal and comprising two actuation surfaces (one surface from the bottom portion of the heel receiver 310 and the other surface from the side portion of the heel receiver 310, see figure 4) perpendicular to each other and extending along the pivot axis, wherein the actuation body is configured to operate the multi-actuation switch by rotation over the pivot axis in a first direction (see [0024]-[0032] and figures 3-4).
Regarding claim 11, Jochinsen et al. disclose the claim invention including the actuation body further comprises a second actuation surface (the surface define the bracket 340, see figures 3-4) extending along the pivot axis, and the foot switch assembly comprises a second switch (one of the sensors of disclosed in [0032]) configured to operate by rotation of the actuation body over the pivot axis in a second direction opposite to the first direction.
Regarding claim 12, Jochinsen et al. disclose the claim invention including the second actuation surface and one of the two actuation surfaces adjacent to the pivot axis form an angle of less than 90 degrees (there is a portion of the side portion of the heel receiver 310 that has a planar orientation of less than 90 to the side surface portions of bracket 340, see figures 3-4).
Regarding claim 13, Jochinsen et al. disclose the claim invention including a left front pedal switch (left “side or wing switch 18,” see [0022] and figure 2) and a right front pedal switch (right “side or wing switch 18,” see [0022] and figure 2), operable by (adjacent to, or near) respective left and right side surfaces of the moveable foot pedal (see figure 2).
Claims 1, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mezhinsky (U.S. Patent Application Publication 2006/0145540).
Regarding claim 1, Mezhinsky discloses a foot switch assembly comprising:
a base (“housing/base 40,” see [0034] and figures 1-4, and alternate/equivalent counterparts in other embodiments) extending from a forward end (the end adjacent the user’s toes see figures 1-4) to a rear end (the end adjacent to the user’s heel see figures 1-4),
a heel rest at the rear end of the base (“heel area 50,” see [0031] and figures 1-4, and alternate/equivalent counterparts in other embodiments) with an upper surface, and
a moveable foot pedal (“tiltable treadle 12,” see [0031] and figures 1-4, and alternate/equivalent counterparts in other embodiments) arranged adjacent to the heel rest,
wherein the moveable foot pedal is mounted to the base via a hinge {here hinge is interpreted as a moveable joint or mechanism} (comprising “pad 32 in the footswitch heel area 50 that facilitates the angular/yaw movement of the operator's foot,” see [0035] and figures 1-4, and alternate/equivalent counterparts in other embodiments) having a pivot axis, which is centered with respect to the upper surface of the heel rest (see figures 1-4).
Regarding claim 7, Mezhinsky discloses the claim invention wherein travel of the moveable foot pedal in a horizontal direction is between -10º to 10º (see figure 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON F ROANE whose telephone number is (571)272-4771. The examiner can normally be reached generally Mon-Fri 8am-9pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at (571) 272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON F ROANE/Primary Examiner, Art Unit 3792