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 1-17 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.
The addition of the word “type” to an otherwise definite expression (e.g., Friedel-Crafts catalyst) extends the scope of the expression so as to render it indefinite. Ex parte Copenhaver, 109 USPQ 118 (Bd. Pat. App. & Inter. 1955).
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) 1-6 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al (US 10,946,741).
Kim et al disclose an organ-type pedal device to be mounted on a vehicle, the pedal device comprising: a housing (10) fixed to the vehicle; a pedal arm (30) provided to be rotatable within a predetermined angular range about a predetermined axis with respect to the housing (10), and having a pedal operation part (20) as a part to be stepped on by a driver on an upper side of the vehicle above the axis (see Fig 1); and a covering member (100) provided at the pedal arm (30) and covering all or a part of an area outside of the housing (10), where the pedal arm (30) rotates and operates, which is a vehicle front side, a right side in a vehicle width direction, and a left side in the vehicle width direction with respect to a pedal operating area (see Fig 1).
Re claim 2, the covering member (100) includes an upper covering part that faces toward a rear and upper side of the vehicle (see Fig 1).
Re claim 3, the covering member (100) extends from the pedal arm (30) toward the housing (10), and at least a part of a housing side portion of the covering member (100) covers an outside of the housing (30).
Re claim 4, the covering member (100) covers all of the vehicle front side, the right side in the vehicle width direction and the left side in the vehicle width direction with respect to the pedal operating area (see Fig 1).
Re claim 5, the housing (10) includes an opening (11) provided in an upper wall to open toward an upper side of the vehicle (see Fig 1), and in an initial state in which no pedal force is applied to the pedal operation part (20) by the driver, a vehicle rearward portion of the covering member is positioned below the opening in the vehicle (see Fig 1).
Re claim 6, the housing (10) includes an opening (11) provided in an upper wall to open toward an upper side of the vehicle (see Fig 1), and in a full stroke state in which the pedal operation part (20) is closest to the housing (10) by a driver's pedal force applied to the pedal operation part (20), a vehicle rearward portion of the covering member (100) is positioned below the opening (11) in the vehicle (see Fig 1).
Re claim 17, a part or all of the covering member (100) is made of a material, which is resin, rubber or elastomer, to be elastically deformed by a driver's pedal force.
Allowable Subject Matter
Claims 7-16 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.
Conclusion
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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