DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the single actuator acting on both the accelerator and brake pedal must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-17 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, the applicant’s claim recites that the invention comprises “an actuator operatively connected to the accelerator pedal assembly and the brake pedal assembly”, the applicant’s disclosure shows each pedal having independent actuators provided for each pedal, with no disclosure as to how the device can operate with a single actuator. This further provides an issue with claim 2 since the applicant’s claim recites that the actuator includes multiple actuators, the applicant’s claim 1 recites a single actuator to provide the claimed function, and then is broadened presenting a possible 112(d) issue.
A possible way to overcome this would be to recite “at least one actuator” instead.
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) 1-4, 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ford et al (US Pat No 11,079,789).
Regarding claim 1, Ford, as best understood, discloses a pedal assembly for a vehicle, the vehicle is configured to be operated in either a non- autonomous driving mode in which the vehicle is driven by a driver or an autonomous driving mode in which the vehicle is autonomously driven, the pedal assembly comprising:
an accelerator pedal assembly having an accelerator pedal arm (60) and an accelerator pedal mounting bracket (71, 79);
a brake pedal assembly having a brake pedal arm (34) and a brake pedal mounting bracket (47),
each of the accelerator pedal arm and the brake pedal arm comprising:
an elongated lever structure with a first end and a second end; and
a pedal plate provided on the second end of the elongated lever structure of the corresponding pedal arm for depression by a foot of the driver; and
an actuator (54) operatively connected to the accelerator pedal assembly and the brake pedal assembly (via threaded rods 50, 106), the actuator being configured to adjust a position of the corresponding pedal arm relative to its corresponding mounting bracket between an operating position for when the vehicle is in the non-autonomous driving mode and a non-operating, stowed position for when the vehicle is in the autonomous driving mode, the non-operating, stowed position being at a raised position with respect to the operating position.
Regarding claim 2, Ford discloses the actuator comprises an actuator (106) for the accelerator pedal assembly and an actuator (50) for the brake pedal assembly.
Regarding claim 3, Ford discloses the accelerator pedal assembly comprises an accelerator pedal mounting bracket, the accelerator pedal arm being movably mounted to the accelerator pedal mounting bracket for movement between the operating and non-operating, stowed positions.
Regarding claim 4, Ford discloses the accelerator pedal assembly further comprises an accelerator pedal carrier member (64), the accelerator pedal arm being mounted to the accelerator pedal carrier, wherein the accelerator pedal carrier member is movably mounted to the accelerator pedal mounting bracket for movement of the accelerator pedal arm between the operating and non-operating, stowed positions.
Regarding claim 12, Ford discloses the brake pedal assembly comprises a brake pedal mounting bracket, the brake pedal arm being movably mounted to the accelerator pedal mounting bracket for movement between the operating and non-operating, stowed positions.
Regarding claim 13, Ford discloses the brake pedal mounting bracket comprises elongated slots (41a) aligned with each other and wherein a slide pin (40) is slidably received in the elongated slots for guiding the brake pedal arm.
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) 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ford et al.
Regarding claim 5, Ford discloses the accelerator pedal assembly has a first aligned, elongated slots (78) configured to receive a first drive member (84) therethrough and a second aligned, elongated slots (70) configured to receive a second drive member (74) therethrough, the first and second drive members being fixed to the accelerator pedal carrier. It is noted that Ford fails to disclose the slots being a pair of slots since the arrangement of the holder for the accelerator pedal is the opposite configuration of that of the brake pedal. However, It would have been obvious to one having ordinary skill in the art to have modified the device taught by Ford to use the alternate configuration (e.g. that used by the brake pedal arm/Mounting bracket) such that a pair of slots is provided since the change in the arrangement would merely be a design choice and the switching of the mounting to having a pair from a single slot is known (evidenced by the use for the brake pedal).
Regarding claim 6, Ford discloses the first pair of aligned, elongated slots has a substantially straight configuration and the second pair of aligned, elongated slots has a substantially curved configuration; wherein at least a portion of the first pair of aligned, elongated slots extends and is positioned above the second pair of aligned, elongated slots.
Regarding claim 7, Ford discloses each slot of the first pair of aligned, elongated slots is disposed on opposite, side walls of the accelerator pedal mounting bracket and each slot of the second pair of aligned, elongated slots is disposed on opposite, side walls of the accelerator pedal mounting bracket (as obviated above).
Regarding claim 8, Ford discloses the curved configuration of the second pair of slots causes tilting of the accelerator pedal carrier member and the accelerator pedal connected thereto so as to extend the accelerator pedal arm toward a driver during movement to the operating position.
Regarding claim 9, Ford discloses the actuator comprises a linear actuator for the accelerator pedal assembly.
Regarding claim 10, Ford discloses the linear actuator includes connectors at a lower end thereof and the drive members are connected to connectors (best shown in figure 6).
Regarding claim 11, Ford discloses the linear actuator comprises a rotatable lead screw and a lead nut threaded on the lead screw, the connector being connected to opposing sides of the lead nut and to connect the drive members to the lead nut (shown in figure 6).
Allowable Subject Matter
Claims 14-17 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.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art on record discloses or suggests each and every feature.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cited art generally discloses features relating to the applicant’s claimed invention, i.e. pedal assemblies which move position due to the change from manual to autonomous driving conditions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Patrick Cicchino whose telephone number is (571)270-1954. The examiner can normally be reached Monday-Friday, 8:30AM to 5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at (571)270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Patrick Cicchino/Primary Examiner, Art Unit 3619
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