DETAILED ACTION
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 1-5 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.
Regarding Claim 1, lines 30-31, the phrase “three vertices of an acute triangle when viewed in a direction in which the first center line extends.” is unclear since the full extension of the first center line is visible only from a widthwise perspective (as in Fig. 5), however the vertices are not visible in this view. Rather, it is the Examiner’s position that the vertices lie in one plane, that is perpendicular to the axial direction of the pedal support shaft/first center line.
Claims 2-5 are rejected by dependency.
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.
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Isono (US Pub No. 2021/0232172 A1) in view of Kawakami et al. (JP 2014-223848).
Regarding Claim 1, Isono discloses
a pedal arm (12) extending upward from a pedal support shaft (20) and configured to rotate about a first center line (22) of the pedal support shaft in response to a depression operation by a driver of a vehicle;
a telescopic device (44) located forward of the pedal arm (i.e. to the left in Fig. 1) and coupled to the pedal arm (via 14, 16), the telescopic device being configured to extend and retract in response to a depression operation of the pedal arm (i.e. piston 46 of 44 is reciprocally arranged); and
a link mechanism provided between the pedal arm and the telescopic device, and including a coupling link (16) and a coupling lever (14), the link mechanism being configured to convert a rotational motion of the pedal arm into a telescopic motion of the telescopic device when the pedal arm rotates about the first center line (see Fig. 1), wherein
the coupling link includes:
a first portion (i.e. the right end of 16, Fig. 1) coupled to the pedal arm so as to be rotatable relative to the pedal arm about a second center line (34) extending parallel to the first center line; and
a second portion (i.e. the left end of 16) coupled to a first coupling portion of the coupling lever (i.e. the right end of 14A) so as to be rotatable relative to the first coupling portion about a third center line (38) extending parallel to the first center line,
the coupling lever extends between the coupling link and the telescopic device so as to connect the coupling link and the telescopic device to each other (Fig. 1),
the coupling lever includes:
the first coupling portion;
a support portion (i.e. the portion of 14 in the vicinity of 28) supported by a lever support shaft (28) extending parallel to the pedal support shaft so as to be rotatable about a fourth center line (30) of the lever support shaft; and
a second coupling portion (i.e. the left end of 14C) coupled to the telescopic device so as to be rotatable relative to the telescopic device about a fifth center line (i.e. the center line of 40) parallel to the fourth center line.
Isono discloses a structure with an obtuse triangle but does not disclose an acute triangle.
Kawakami et al. discloses the coupling lever (32, Fig. 3) has a structure in which the third center line (93) of the first coupling portion (i.e. right end of 31), the fourth center line (94) of the support portion (i.e. top end of 32), and the fifth center line (95) of the second coupling portion (bottom-right end of 32) are disposed at positions corresponding to three vertices of an acute triangle when viewed in a direction in which the first center line extends (see Fig. 3), for the purpose of providing appropriate leverage.
It would have been obvious to one of ordinary skill in the art before the effective
filing date to modify the invention of Isono by including the structure as disclosed by
Kawakami et al., for the purpose of providing appropriate leverage.
Regarding Claim 2, Isono discloses
the coupling lever (14) is disposed such that the third center line (38) and the fifth
center line (of 40) are located below the fourth center line (30) in the vertical direction of
the vehicle when viewed in the direction in which the first center line extends (see Fig.
1).
Regarding Claim 3, Isono discloses
a rotation sensor (60) provided on the lever support shaft (28) and configured to
detect an angular position of the coupling lever (14) about the fourth center line (30,
[0056]).
Regarding Claim 5, Isono discloses
the telescopic device is a master cylinder (46/48) and the pedal may be a brake
pedal ([0040]) but does not explicitly disclose applying hydraulic pressure to a brake
device.
Kawakami et al. discloses a master cylinder (5) configured to apply a hydraulic
pressure to a brake device of the vehicle to operate the brake device (“The master
cylinder 5 is connected to the link type booster 3 via the rod 4. The master cylinder 5 is
integrally provided with a reservoir tank (hereinafter referred to as a reservoir) 5a which
is a brake fluid source for storing brake fluid, and the master cylinder 5 is supplied with
brake fluid from the reservoir 5a. The master cylinder 5 is connected to a wheel cylinder
(caliper) of each wheel of the vehicle via an oil passage (brake pipe) (not shown).
The master cylinder 5 is a first brake fluid pressure generation source that generates
fluid pressure (master cylinder fluid pressure) in response to an operation (brake
operation) of the brake pedal 2 by the driver.”), for the purpose of braking a vehicle.
It would have been obvious to one of ordinary skill in the art before the effective
filing date to modify the invention of Isono by including the master cylinder as disclosed
by Kawakami et al., for the purpose of braking a vehicle.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Isono (US Pub No. 2021/0232172 A1) in view of Kawakami et al. (JP 2014-223848) in view of Oestmann (US Patent No. 3,910,133).
Regarding Claim 4, Isono and Kawakami et al. do not disclose the pedal arm
and telescopic device to be displaced as claimed.
Oestmann discloses the pedal arm (28) and the telescopic device (12) are
provided at positions displaced from each other in a vehicle width direction (i.e. along
longitudinal direction of 42) so as not to overlap with each other when viewed in a
direction orthogonal to the first center line (see Fig. 2, Fig. 1), for the purpose of
avoiding interference.
It would have been obvious to one of ordinary skill in the art before the effective
filing date to modify the invention of Isono and Kawakami et al. by including the
displaced positions as disclosed by Oestmann, for the purpose of avoiding interference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wolpert (US Patent No. 6,082,219) discloses a pedal arm 8, telescopic device (17) and link mechanism (14, 15) in Fig. 2.
Abe et al. (US Pub No. 2019/0092289) discloses a pedal arm 20, telescopic device (R) and link mechanism (30, 25) in Fig. 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRASAD GOKHALE whose telephone number is (571)270-3543. The examiner can normally be reached Monday-Friday, 9am - 5:30pm.
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/PRASAD V GOKHALE/Primary Examiner, Art Unit 3653 September 18, 2026
