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 .
Claim Objections
Claim 9 is objected to because of the following informalities:
Claim 9, line 9, recites “as the one passage” which should be changed to --as the at least one passage-- to maintain consistent claim terminology.
Appropriate correction is required.
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 5, 6, 9 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.
Claim 5, lines 3-4, recites “the at least one passage is disposed at a position of the holder, the position including the reference plane” which is indefinite because it is unclear exactly what the Applicant is trying to claim. Claim 1 already discloses “the holder includes at least one passage” thus the at least one passage is already disposed at a position of the holder. How exactly does the position of the at least one passage relate to the reference plane?
Claim 6, lines 2-3, recites “an uppermost portion and a lowermost portion of the holder” which is indefinite because it is unclear how the uppermost portion and the lowermost portion of the holder from claim 6 are different from or related to the uppermost portion and the lowermost portion of the holder from claim 4, lines 2-3? Should claim 6 be amended to recite --the uppermost portion and the lowermost portion of the holder--?
Claim 9, line 5, recites “an axis extending in the predetermined direction” which is indefinite because it is unclear how the axis extending in the predetermined direction from line 5 is different from or related to the axis extending in the predetermined direction from claim 9, line 3? Should line 5 be amended to recite --the axis extending in the predetermined direction--?
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.
Claims 1, 2, 4-6, 8, 12, 17, and 24, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Campbell (US 2007/0193401 A1).
Regarding claim 1, Campbell discloses a pedal device comprising:
a pedal (50);
a holder (120) configured to be displaceable in a predetermined direction (320) by receiving, from one side in the predetermined direction, a force (the force when 50 is depressed which moves 100 as shown in Figures 2A and 2B) that is applied by the pedal associated with a displacement of the pedal; and
at least one elastic member (160, 170) configured to support the holder from the other side in the predetermined direction, and configured to receive the force applied by the pedal from the one side in the predetermined direction via the holder, to be elastically deformed and to apply an elastic force to the holder,
wherein the holder includes at least one passage (the opening in 120 that 211 passes through as shown in Figures 2A and 2B) that allows foreign matter to pass.
Regarding claim 2, Campbell discloses that the at least one elastic member is made of a plurality of elastic members (160, 170) arranged in parallel to support the holder from the other side in the predetermined direction and to be supported from the other side in the predetermined direction by a support member (41 or 42), and
the plurality of elastic members are configured to receive the force applied by the pedal from the one side in the predetermined direction via the holder, to be elastically deformed and to apply an elastic force to the holder (see Figures 2A and 2B).
Regarding claim 4, Campbell discloses that when a virtual plane that is equidistant from an uppermost portion (the rightmost portion of 120 in Figure 2A) and a lowermost portion (the leftmost portion of 120 in Figure 2A) of the holder is defined as a reference plane (a plane that extends between the rightmost and leftmost portions of 120 in Figure 2A and which is parallel to the rightmost and leftmost portions of 2A), the at least one passage is disposed below the reference plane in the holder (the viewed at least one passage extends to the left past the center of 120 thus meeting the claim limitation).
Regarding claim 5, Campbell discloses that when a virtual plane that is equidistant from an uppermost portion (the rightmost portion of 120 in Figure 2A) and a lowermost portion (the leftmost portion of 120 in Figure 2A) of the holder is defined as a reference plane (a plane that extends between the rightmost and leftmost portions of 120 in Figure 2A and which is parallel to the rightmost and leftmost portions of 2A), the at least one passage is disposed at a position of the holder, the position including the reference plane (as best understood and in light of the 112(b) rejection above, the passage is a part of 120 thus meets the claim limitation).
Regarding claim 6, Campbell discloses that the reference plane is a virtual plane equidistant from an uppermost portion (the rightmost portion of 120 in Figure 2A) and a lowermost portion (the leftmost portion of 120 in Figure 2A) of the holder in a state where the pedal, the holder and the at least one elastic member are installed in a vehicle.
Regarding claim 8, Campbell discloses that the holder includes a cylindrical portion (the body of 120) formed in a cylindrical shape around an axis (the axial centerline of 120) extending in the predetermined direction, and the at least one passage is disposed in the cylindrical portion (the viewed passage is formed in 120 thus is viewed as meeting the claim limitation).
Regarding claim 12, Campbell discloses a pedal device comprising:
a pedal (50);
a holder (120) configured to be displaceable in a predetermined direction (320) by receiving, from one side in the predetermined direction, a force (the force when 50 is depressed which moves 100 as shown in Figures 2A and 2B) that is applied by the pedal associated with a displacement of the pedal; and
at least one elastic member (160, 170) that is supported by the holder from the other side in the predetermined direction, and is configured to receive a force applied by the pedal from the one side in the predetermined direction, to be elastically deformed and to apply an elastic force to the holder,
wherein the holder includes a support (122) that supports the elastic member from the other side in the predetermined direction, and
the support includes at least one passage (the opening in 122 that 211 passes through as shown in Figures 2A and 2B) that allows foreign matter to pass.
Regarding claim 17, Campbell discloses a pedal device comprising:
a pedal (50);
a holder (120) configured to be displaceable in a predetermined direction (320) by receiving, from one side in the predetermined direction, a force (the force when 50 is depressed which moves 100 as shown in Figures 2A and 2B) that is applied by the pedal associated with a displacement of the pedal;
at least one elastic member (160, 170) that supports the holder from the other side in the predetermined direction, and receives a force applied by the pedal from the one side in the predetermined direction via the holder to be elastically deformed and to apply an elastic force to the holder; and
a guide portion (41) configured to guide the holder to be displaceable in the predetermined direction,
wherein the guide portion includes a passage (the opening in 41 that 120 passes through) that allows foreign matter to pass.
Regarding claim 24, Campbell discloses a pedal device comprising:
a pedal (50);
an elastic member (160, 170) that is elastically deformed by a force applied by the pedal associated with displacement of the pedal, to apply an elastic force to the pedal as a reaction force against the force; and
a housing (32, 36) that defines an accommodation chamber (the inner area of the housing) in which the elastic member is accommodated,
wherein the elastic member is supported by the housing while being accommodated in the accommodation chamber (see Figure 2A), and
the elastic member is provided with at least one passage (160 and 170 are coil springs thus they both have central passages) that is provided to penetrate the elastic member (the central opening in the coil spring(s) is viewed as penetrating the coil spring) and to allow foreign matter to pass.
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.
Claims 18-23 are rejected under 35 U.S.C. 103 as being unpatentable over Campbell (US 2007/0193401 A1) in view of Kihara et al. (US 11,543,848 B2).
Regarding claim 18, Campbell discloses a pedal device comprising:
a pedal (50);
an elastic member (160, 170) that is elastically deformed by a force applied by the pedal associated with a displacement of the pedal, to apply an elastic force to the pedal; and
a housing (32, 38) that forms an accommodation chamber (the inner area of the housing) in which the elastic member is accommodated.
Campbell does not disclose that the housing includes at least one passage that allows foreign matter to pass from the accommodation chamber to an outside of the housing.
Kihara et al. teaches a housing (300) that includes at least one passage (321, 322) that allows foreign matter to pass from an accommodation chamber (the inner area of 300) to an outside of the housing.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Campbell to includes at least one passage that allows foreign matter to pass from the accommodation chamber to an outside of the housing, as taught by Kihara et al., for the purpose of aiding increasing the life of the pedal device by allowing foreign debris to exit the housing.
Regarding claim 19, Campbell discloses that the elastic member is a spring (160 and 170 are both springs) that expands and contracts with an elastic deformation in a predetermined direction that is oblique to a horizontal direction (the direction in-line with the bottom of 32 as shown in Figure 2A) in a state where the pedal, the elastic member, and the housing are installed in a vehicle.
Regarding claim 20, Campbell discloses a pedal device comprising:
a pedal (50);
an elastic member (160, 170) that is elastically deformed by a force applied by the pedal associated with displacement of the pedal, to apply an elastic force to the pedal as a reaction force against the force; and
a housing (32, 38) that defines an accommodation chamber (the inner area of the housing) in which the elastic member is accommodated,
wherein the elastic member is supported by the housing while being accommodated in the accommodation chamber (see Figure 2A).
Campbell does not disclose that the housing includes at least one passage that allows foreign matter to pass from an inside of the accommodation chamber to an outside of the accommodation chamber.
Kihara et al. teaches a housing (300) that includes at least one passage (321, 322) that allows foreign matter to pass from an accommodation chamber (the inner area of 300) to an outside of the housing.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Campbell to includes at least one passage that allows foreign matter to pass from the accommodation chamber to an outside of the housing, as taught by Kihara et al., for the purpose of aiding increasing the life of the pedal device by allowing foreign debris to exit the housing.
Regarding claim 21, Campbell in view of Kihara et al. discloses that the at least one passage is made to discharge the foreign matter from an outlet (the outlet of 321/322 of Kihara et al.) to the outside of the accommodation chamber; and
the at least one passage is provided to extend downward toward the outlet in a state where the pedal, the elastic member, and the housing are installed in a vehicle (the at least one passage must be downward to allow foreign debris to directed out of the housing).
Regarding claim 22, Campbell discloses a pedal device comprising:
a pedal (50);
an elastic member (160, 170) that is elastically deformed by a force applied by the pedal associated with a displacement of the pedal, to apply an elastic force to the pedal; and
a housing (32, 38) that defines an accommodation chamber (the inner area of the housing) in which the elastic member is accommodated, wherein the elastic member is supported by the housing while being accommodated in the accommodation chamber (see Figure 2A).
Campbell does not disclose that the housing includes at least one passage that allows foreign matter to pass from an inside of the accommodation chamber to an outside of the accommodation chamber.
Kihara et al. teaches a housing (300) that includes at least one passage (321, 322) that allows foreign matter to pass from an accommodation chamber (the inner area of 300) to an outside of the housing.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Campbell to includes at least one passage that allows foreign matter to pass from the accommodation chamber to an outside of the housing, as taught by Kihara et al., for the purpose of aiding increasing the life of the pedal device by allowing foreign debris to exit the housing.
Regarding claim 23, Campbell in view of Kihara et al. discloses that the at least one passage includes an outlet (the outlet of 321/322 of Kihara et al.) that discharges the foreign matter, and
the at least one passage is provided to extend downward as approaching the outlet in a state where the pedal, the elastic member, and the housing are installed in a vehicle (the at least one passage must be downward to allow foreign debris to directed out of the housing).
Allowable Subject Matter
Claims 3, 7, 10, 11, and 13-16 are 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.
Claim 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.
Suzuki et al. (US 2025/0271892 A1) discloses a pedal device that is comprised of a pedal, a holder that supports a plurality of elastic members, and the holder and the plurality of elastic members are moved when a force is applied to the pedal.
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/ADAM D ROGERS/ Primary Examiner, Art Unit 3617