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
Claims 1 and 11 are objected to because of the following informalities:
Claim 1, lines 27-28, recites “a mechanism-specific portion where members of the reaction force generator mechanism adjacent via a gap are displaced against each other” which is grammatically awkward and should be changed to --a mechanism-specific portion where members of the reaction force generator mechanism adjacent a gap are displaced against each other--.
Claim 11, lines 2-3, recites “the arc-shaped portion has a cross-sectional shape of the arc-shaped portion on a cross section” which is grammatically awkward and should be changed to --the arc-shaped portion has a cross-sectional shape on a cross section--.
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 1-16 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.
Claim 1, line 21, recites “a vehicle” which is indefinite because it is unclear how the vehicle from line 21 is related to or different from the vehicle from line 1. Should line 21 be amended to recite --the vehicle--?
Claim 1, line 24, recites “an inner opening end” which is indefinite because it is unclear how the inner opening end from line 24 is related to or different from the inner opening end from line 18. Should line 24 be amended to recite --the inner opening end--?
Claim 1, lines 23-26, recites “the insertion hole is arranged so that an opening end lower area obtained by extending the inner opening end downward along a predetermined state up-and-down direction, which is an up-and-down direction in the predetermined state, does not overlap with a sensor” which is indefinite because it is unclear if a sensor must be present in the pedal device to meet the claim limitation. If there is no sensor then would the inner opening end inherently not overlap a sensor? The Applicant is advised to positively claim the sensor in such a manner so that the sensor is a required element of the pedal device.
Claim 2, lines 4-5, recites “wherein water flows down due to the gravity while traveling” which is indefinite because the limitation is written in a non-intended use/functional language manner thus the water appears to be a required part of the pedal device. How is water a part of the pedal device? Should lines 4-7 be amended to be in an intended use/functional language style i.e. wherein water is configured to flow down?
Claim 3, line 4, recites “the coil spring corresponds to the mechanism-specific portion” which is indefinite because claim 1, lines 27-28, discloses “a mechanism-specific portion where members of the reaction force generator mechanism” thus it appears that the mechanism-specific portion is formed of a plurality of members. Yet, claim 3 discloses that only the coil spring is the mechanism-specific portion. In light of claim 3, what structure(s) is the mechanism-specific portion in claim 1?
Claim 6, lines 8-9, recites “a swing motion” which is indefinite because it is unclear how the swing motion from lines 8-9 is related to or different from the swing motion from claim 1, line 9. Should lines 8-9 be amended to recite --the swing motion--?
Claim 8, line 2, recites “to link members together” which is indefinite because it is unclear which members the Applicant is referring to. Numerous members are claimed in claim 1 thus which one of those members are linked together by a link mechanism?
Claim 14 recites the limitation "the inclined surface" in line 6. There is insufficient antecedent basis for this limitation in the claim. Line 4 of claim 14 discloses “inclined surfaces”, but no specific one of the inclined structures has been previously singled out.
Claim 15 recites the limitation "the inclined surface" in line 8. There is insufficient antecedent basis for this limitation in the claim. Line 6 of claim 15 discloses “inclined surfaces”, but no specific one of the inclined structures has been previously singled out.
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, 3, 4, 9, and 10, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kito (JP 2017-49892 A; see Applicant provided machine translation).
Regarding claim 1, Kito discloses a pedal device with an organ-type shape to be mounted in a vehicle, comprising:
a housing (14, 30, 32);
a pedal (20, 21) connected to the housing so as to be able to swing about a pedal axis (the axial centerline of 15) as a center and positioned to be operated by stepping motion of a driver from a side opposite to the housing;
a reaction force generator mechanism (60, 70) that is disposed within the housing and includes an elastic member (70) that generate a reaction force against a stepping force applied to the pedal by the driver in response to a swing motion of the pedal;
a stepping force transmission member (51) that is disposed within the housing, is connected to the reaction force generator mechanism (70 contacts the bottom of 51 as shown in Figures 2 and 6), and deflects the elastic member by the stepping force received from the pedal (see Figures 2 and 6); and
a connection member (40) that connects the pedal and the stepping force transmission member so that the pedal and the stepping force transmission member move integrally,
wherein the housing has an insertion hole (36A) through which the connection member is inserted, and
wherein the insertion hole has an inner opening end (the end of 36A closest to the interior of the housing) that opens toward an inside of the housing, and
wherein the inner opening end faces downward or obliquely downward in a predetermined state in which the pedal device is stored or mounted on a vehicle (see Figures 1, 2, and 6), and
wherein the insertion hole is arranged so that an opening end lower area (shown below) obtained by extending the inner opening end downward along a predetermined state up-and-down direction (see the figure below), which is an up-and-down direction in the predetermined state, does not overlap with a sensor (61), a sliding portion (39, 54) where members slide against each other as the pedal swings, and a mechanism-specific portion (70) where members (60, 70) of the reaction force generator mechanism adjacent a gap are displaced against each other as the pedal swings.
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Annotated Figure 2 of Kito (JP 2017-49892 A)
Regarding claim 3, Kito discloses that the reaction force generator mechanism has a coil spring (70) as the elastic member, and
wherein the coil spring corresponds to the mechanism-specific portion.
Regarding claim 4, Kito discloses that the reaction force generator mechanism has a guide portion (60) that restrict a posture of the coil spring while allowing the coil spring to expand and contract.
Regarding claim 9, Kito discloses that the insertion hole is positioned so that the opening end lower area does not overlap with the sensor, the sliding portion, and the mechanism-specific portion regardless of positions of the pedal within a movable range of the pedal (see Figures 2 and 6).
Regarding claim 10, Kito discloses that the connection member has an arc-shaped portion (40 is curved as shown in Figures 2 and 6) that moves in a circumferential direction (around the centerline of 15) of the pedal axis while passing through the insertion hole in accordance with swing motion of the pedal, and
wherein the arc-shaped portion extends so as to form an arc shape centered on the pedal axis.
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 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kito (JP 2017-49892 A; see Applicant provided machine translation) in view of Morse (US 4,454,497 A).
Regarding claim 16, Kito discloses all of the claim limitations, see above, but does not disclose that the housing is formed with a lower communication hole that connects a bottom located on a lower side of a cavity of the housing to an outside of the housing.
Morse teaches a housing (40; various structures attach to 40 thus 40 can be viewed as a housing) is formed with a lower communication hole (one of the holes in 40 that 70 goes through) that connects a bottom (the bottom of 40) located on a lower side of the housing to an outside (41) 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 Kito to have a lower communication hole that connects a bottom located on a lower side of a cavity of the housing to an outside of the housing, as taught by Morse, for the purpose of providing a structure that allows the housing to be fastened to a vehicle.
Allowable Subject Matter
Claims 2, 5-8, and 11-15 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.
Kim et al. (US 10,248,152 B2) discloses a pedal apparatus that is comprised of a housing, a pedal, a reaction force generation mechanism, a stepping force transmission member, an insertion hole formed in the housing that allows a connection member connected to the pedal to pass through, and an opening end lower area of the insertion hole does not overlap with the reaction force generation mechanism or a sensor.
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/ADAM D ROGERS/ Primary Examiner, Art Unit 3617