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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
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 1-30 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 “essentially constant” in claim 1 is a relative term which renders the claim indefinite. The term “essentially constant” 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.
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) 1, 2, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akuzawa et al (WO 2023032291).
Akuzawa et al disclose a sensor assembly for sensing displacement of a pedal arm in a pedal assembly for a functional system of a vehicle, the pedal arm (60) being configured for movement between a first arm position and a second arm position with pivotal shafts (61) for pivotal movement about a pivot axis (see Fig 1), the sensor assembly comprising: a first element (42) spaced apart from a second element (40) so as to be spaced apart in an axial direction of the pivot axis when the sensor assembly is installed on the pedal assembly (see Fig 5), the second element (40) being configured to be connected to one of the pivotal shafts (61) for pivotal movement therewith as a result of the movement of the pedal arm (60) from the first arm position such that the second element (40) is displaced relative to the first element (42), wherein the sensor assembly is configured to sense the displacement of the pedal arm (60) based on the displacement of the second element (40) relative to the first element (42); a first sensor mount (71) with the first element (42) fixedly mounted thereto, the second element (40) being pivotally connected to the first sensor mount (71) to maintain an essentially constant spacing between the first (42) and second (40) elements in the axial direction, and the second element (40) being configured to be mounted to said one of the pivotal shafts in an axially movable and pivotally fixed manner to pivot in concert with the one of the pivotal shafts (61) and permit axial movement of the pivotal shaft (61) relative to the second element (40) to maintain the essentially constant spacing between the first (42) and second (40) elements in the axial direction (see Fig 5).
Re claim 2, the first element (42) a Hall effect sensor, and the second element (40) is a magnet.
Re claim 9, the first sensor mount (71) includes a printed circuit board (413) therein, said first element (40) being fixedly mounted to the printed circuit board (413).
Allowable Subject Matter
Claims 3-8 and 10-38 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John R Olszewski can be reached at 571-272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VICKY A JOHNSON/Primary Examiner, Art Unit 3617
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