Reply Brief in Support of KSR's Motion for Summary ... - Fried Frank

TABLE OF AUTHORITIESPaee(s)Altoona Publix Theatres, Inc. v. American Tri-Ergon Corp.,294 U.S. 477 (1935).............. ........ ............. ........ ........... ......................... ..............:..... ..18Anderson's-Black Rock, Inc. v. Pavement Salvage Co.,396 U.S. 57 (1969).........................................:.......................... ........................... ..18, 20Avia Group Int'L Inc. v. L.A. Gear CaL Inc., . .; 853 F.2d 1557 (Fed. Cir. 1988)....................................................................................11Badalamenti v. Dunam's, Inc.,680 F. SUppa 256 (B.D. Mich.)m afrd mem., 862 F.2d 322 (Fed. eir. 1988) .............11In re Baker Hu~es, Inc.,215 F.3d 1297 (Fed. Cir. 2000)............................ .................. ...................... ................18In re Carlson,983 F .2d 1032 (Fed. Cir. 1992)........................ .......... ............................ ...... ......... .......16Celeritas Techs. Ltd. v. Rockwell Int'l Co.,150 F.3d 1354 (Fed. Cir. 1998), cert. denied, 525 U.S. 1106 (1999) ..........................18Dow Chem. Co. v. Halliburton Oil Well Cementing Co.,324 U.S. 320 (1945).............. ....................................................................................... .20E.I. Du Pont de Nemours & Co.,849 F.2d 1430 (Fed. Cir), cert. denied, 498 U.S. 986 (1988) ......................................15In re GPAC Inc.,57 F.3d 1573 (Fed. Cir. 1995).... .......................... .., ........... ...... ....... ....... .......... ............12General Elec. Co. v. Wabash Co.,304 U.S. 364 (1938).................................. ..................................... ..... ........................ .13Graham v. John Deere Co.,383 U.S. 1 (1966)......................... ..................................................... ........... ....1 0, 16, 18, Graver Tan & Mfg. Co. v. Linde Air Prods. Co.,336 U.S. 271 (1949)................ ...... ........ ..................................... ................................. ..15Great At!. & Pac. Tea CO. V. Supermarket Equip. Corp.,340 U.S. 147 (1950)....................... ............................................................~................. 1 811

Hailes v. Van Wormer,87 U.S. (20 Wall.) 353 (1873) .............. ..... .......... .............................................. ...... ....18Holland Furnture Co. v. Perkins Glue Co.,277 U.S. 245 (1928)................. ................................................... .............. .................. .13In re Katz,933 F.2d 982 (Fed. Cir. 1991 )............ ......~ ........... ................... ...........: ..... .......... ...... ...16Lear, Inc. v. Adkins,395 U.S. 653 (1969).. .......... .... .............. .................................................... ................ ...18Lincoln Engineering Co. v. Stewar-Warer Corp.,303 U.S. 545 (1938)................................................................................... ................. .18Netword, LLC V. Centraal Corp.,242 F.3d 1347 (Fed. Cir. 2001 ).......... .................. .............;.... ................... ................. ....4Newell Co. v. Kenney Mfg. Co.,864 F.2d 757 (Fed. Cir. 1988), cert. denied, 493 U.S. 814 (1989) ........................10, 12Peterson Mfg. Co. v. Central Purchasing, Inc.,740 F.2d 1541 (Fed. Cir. 1984)....................................................................................11Pfaffv. Wells Elecs., Inc.,525 U.S. 55 (1998).........................................................................................................8Pickering v. McCullough,1 04 U.S. 310 (1881)....... ................ .................. ............................................................ ..18Reckendorfer v. Faber,92 U. S. 347 (1875). ...~.... ... ........................................................... ........ ...................... ..18Rvko Mfg. Co. v. Nu-Star, Inc., .950 F.2d 714 (Fed. Cir. 1991)................................................................................11, 19'Sakaida v. Ag Pro. Inc., ..425 U.S. 273 (1976).... ......... .................................. ~.... ..... ....................... .........18, 19, 20Structural Rubber Prods., Inc. v. Park Rubber Co.,749 F.2d 707 (Fed. Cir. 1984)................................................................................11, 12Toledo Pressed Steel Co. v. Standard Parts. Inc.,307 U.S. 350 (1939)................. ...................................:................ .............................. ..1811

United Carbon Co. v. Binney & Smith Co.,317 U.S. 228 (1942).................................................. ..... ............................................ ..13STATUTES AN RULES35 U.S .C. § 1 02( a) .. .................... ......... ........... ............... ................... ...... ............ ........ .........135 U. S. C. § 1 02(b) ..............................................................................................;................ 835 ,U.S .C. § 1 02( e) ...................... ........ ........... ............... .................... ..... ......... ............ ...... ...835 U.S.C. § 103(a) ...................................................................................2, 5, 7, 11, 12, 13,14, 16, 18, 19,2035 U.S .C. § 112 ir 2................... ............................... ..................; ...................................... ...635 D.S. C. §, 253 .............................. ............................ ......... ..:.... ....................................... ...1Fed. R. Civ. P. 56( c) ................... .............................. ..;..........:.......................................... ...2Fed. R. Civ. P. 56( e) ............................................ ......... ..................... ........... ...............:.......2DETROIT 27706-1 748755iv

On August 8, 2003, plaintiffTeleflex Inc. ("Teleflex") and non-pary TechnologyHolding Company ("THC") stipulated to the dismissal, with prejudice, ofTeleflex'sclaims in this action alleging infngement ofU.S. Patent No. 6,305,239 B 1 (the "'239Patent") and U.S. Patent No. 6,374;695 Bl (the "'695 Patent"), in view ofpublishedFrench Patent Application No. 2,739,947 to Urset (see Exhibit 1 hereto, at 2).1This Cour on August ii, 2003, ordered the dismissal, with prejudice, ofthesecond and third claims for relief asserted in Teleflex's Second Amended Complaint fiedNovember 18,2002 (i.) Ths Cour fuher "ORDERED that the '239 Patent and the'695 Patent be and are dedicated to the public under 35 U.S.C. § 253" (id. at 3). In viewof these developments, the Cour need not take any fuher action on KSR's pendingMotion for Summary Judgment ofInvalidity filed July 7,2003, insofar as the '239 and'695 Patents are concemed.2With regard to plaintiffs lone suriving claim for alleged infngement of Claim 4ofU.S. Patent No. 6,237,565 Bl (the "'565 Patent"), Teleflex's Response to KSR'sMotion for Sumar Judgment ofInvalidity ("Pltf. Opp. Br.") does not address orcontrovert a single one ofthe facts presented by KSR in support of its defense of1 The Urset reference clearly invalidated the '239 and '695 Patents under 35 U.S.C. §102(a), as demonstrated in Exhibits 6 and 7 of the Declaration of Larr Wilemsen filedJuly 7, 2003 (hereinafter, "Wilemsen Decl. ") and in the computer aniation fies named"Urset" in Exhbit 1 to the Declaration of Danel H. Krger fied July 7,2003(hereinafter, "Krger Decl."). Seealso KSR's Briefin Support ofDefendants Motionfor Sumar Judgment of Invalidity filed July 7,2003 ("KSR Main Br.") at 4-5, 16-19,and Exhbit 1.2 It is a measure ofthis lawsuit's unusual character that Teleflex and THC totallyabandoned the '239 and '695 Patents scarcely a month after Teleflex fied a Motion forSumary Judgment of Infrngement of those same patents on July 7,2003.1

invalidity under 35 U.S.C: § 103 (a) (Wilemsen DecL. irir 1-22, 32-44 & Exs. 1-2,8-12;Krger DecL. irir 4-6,25-30 & Ex. 1; see KSR Main Br. at 1-11, 19-35 & Exs. 1,5-12).Thus, under Fed. R. Civ. P. 56(c) and (e), this Cour can and should determinethat there is no genuine issue to be tred as to any of the following facts:Backeround-- As of Januar 26, 1998, the design of accelerator pedals installed in cars andlight trucks sold in the United States was substantially determined by the tye of engineand fuel system that an automaker specified was going to be installed in a vehicle(Willemsen Decl. irir 11,22).-- As of Januar 26, 1998, an increasing number of vehicles sold in the UnitedStates came equipped with electronic throttle control systems ("ETC's"), because suchsystems offered varous operational advantages over cable-actuated throttle controlsystems such as reduced emissions, improved fuel economy, simplified cruise controls,and improved slip reduction (Wilemsen Dee!. irir 9, 34; see KSR Main Br. at 23-24 &Exs. 7-8).-- As of January 26, 1988, vehicles equipped with electronic throttle controls, bytheir very natue~ required the use of electronic sensors capable of sensing an acceleratorpedal's position and emitting electrical signals corresponding to the pedal's position(Wilemsen Decl. ir 11,22).-- As of Januar 26, 1998, whether a vehicle pedal assembly actuated a cable, oran electronic position sensor, was dependent on the type of fuel system the pedal was ,being designed to actuate (Wilemsen Decl. ir 22).2

-- As of Januar 26, 1998, one or more companes in the United States includigCTS Corporation ofElkar, Indiana ("CTS") made and sold modular electronic pedalposition sensors that (a) were specifically designed to engage the pivot of an acceleratorpedal, and (b) were specifically intended and marketed for use to actuate electroniccontrols in vehicles, as exemplified by the "position sensor and switch assembly 17"disclosed in U.S. Patent No. 5,385,068 fied December 18, 1992 (Wilemsen DecL. ir 12;KSR Main Br, at 25 & Ex. 10), and as further exemplified by the CTS "503 Series", sensor installed tn certain 1994 ChevroletC/Kpick-up trcks (i. irir 14-19 & Exs. 8-10).-- As of January26, 1998, coupling a position sensor to a vehicle's acceleratorpedal pivot shaft (with the sensor housing attached to the pedal's support bracket) was astandard technique used to enable accelerator pedals to communcate with and actuate) electronic throttle controls (Wilemsen Decl. irir 13, 21), as shown in varous pritedpublications in the prior ar (e.g., KSR Main Br. Ex. 9, disclosing "potentiometer 12"mounted to "side wa1118" ofliSup port structue 4" and engaged with "axial shaft 76";KSR Main Br. Ex 10, disclosing "position sensor 17" mounted on "moving bracket II"and engaged with "shaft 13"), and as fuher as exemplified by the accelerator pedalsintalled in certain 1994 Chevrolet C/K pick-up trcks (id.irir 14-19 & Exs. 8-10).Prosecution History of '565 Patent Claim 4-- The '565 Patent issued on U.S. ApplicationNo. 09/643,422 :fled August 22,2000 (the '''422 Application"). The '422 Application was a "continuation" of U.S.Application No. 09/236,975 filed January 26, 1999 (the "'975 Application"). The latterapplication matured into U.S. Patent No. 6,109,241 issued August 29,2000 (the '''241Patent").3

-- In an Offce Action dated November 6, 2000 (see Exhibit 3 hereto), theExamner of the '422 Application rejected each of the origial "Claims 20-23" as being'unpatentable under 35 U.S.C. § 103(a) in view oftwo references, namely, U.S. Patent'No. 5,460,061 to Redding ("Redding"; see Exhibit 4 hereto) and U.S. Patent No.5,063,811 to Smith ("Sinith"; see Exhibit 5 hereto). Redding discloses an adjustableaccelerator pedal assembly whose accelerator pedal ar (20) slides back and forth alonga guide member (72) (see Exhibit 4 hereto). Smith discloses an electronic pedal positionsensor (28) attached to an accelerator pedal support bracket (40, 26) and engaged with a ,pivot shaft (70) (see Exhbit 5 hereto).-- In concluding that the subject matter recited in origial "Claims 20-23" wasunpatentable under 35 U.S.C. § 103(a), the Examiner stated (see Exhibit 3 hereto, at 2):Smith shows that the use of an electronic throttle control mean (28)attached to a support member (40, 26) in a pedal assembly is old and wellknown in the ar. Since the prior ar references are fromthe field ofendeavor, the purpose disclosed by Brown (sic) would have beenrecognized in the pertinent art of Redding. Therefore, it would have beenobvious at the time the invention was made to provide the device ofRedding with the electronic throttle control means attached to a supportmember as taught by Smith.-- In response to the Examner's rejection of its origial claim, Teleflex did nottraverse, or voice any disagreement with, any of the Examer's reasoning or conclusions'quoted above. Teleflex madeno arguent, for example, that the subject matter recited inorigial "Claims 20-23" was patentable because the recited "electronic control" was"attached to the pedal mounting bracket,ii as opposed to being "attached to the pedalitself," as Teleflex now asserts for the first time in opposition to summar judgment (pltf.Opp. Br. at 10-11). Teleflex also did not traverse, or voice any disagreement with, theExamer's conclusion that at the time of the alleged "invention," a person of ordinar5

skill in the art ofthe '422 Application would have been motivated to combine, and wouldhave considered it obvious to combine, the electronic position sensor disclosed in Smith(see Exhibit 5 hereto) with the adjustable pedal assembly disclosed in Redding (seeExhibit 4 hereto) to arve at what Teleflex was then pointing to, in original Claims 20-23, as the subject matter that Mr. Engelgau purportedly regarded as his "invention. ,,4-- Instead, by a fuher Amendment ofthe '422 Application dated Januar 29,2001 (see Exhibit 6 hereto), Teleflex's patent counsel submitted a wholly new Claim 24(which became Claim 4 ofthe '565 Patent) which excluded the Redding pedal designfrom the scope ofthe subjectmatter sought to be patented through addition ofthelimitation, "wherein the position of said pivot (24) remains constant while said pedal ar(14) moves in fore and aft directions with respect to said pivot (24)" (see Exhbit 6hereto, at 2). The Redding reference, by contrast, disclosed an adjustable pedal assemblywhose accelerator pedal pivot moved durg adjustment (see Exhibit 3 hereto at col. 7,lines 33-38; "As the pedal ar moves fore and aft relative to the adjuster member, carpin 112 rides in ear member slot 76d to. . . selectively adjust the position ofpivot axispin 110").-- Having thus restated the subject matter sought to be patented using claimlanguage that excluded the adjustable pedal design disclosed in Redding, Teleflex'spatent counsel then stated to the Examiner: "Independent claim 24 is a duplicate of clai15 in the parent application except the word 'throttle' has been elimnated from claim 154 35 U.S.c. § 112 ir 2 requires, as a condition to the issuance of a valid patent, that the"specification" of a patent application "conclude with one or more claims paricularlypointing out and distinctly claiming the subjectmatter which the applicant regards as hisinvention. II6

just in case there could be an arguent that claim 15 does not cover thè control of a brakesystem. Accordingly, claim 24 isallowable for the same reasons claim 15 was allowed inparent patent 6,109,241" (see Exhibit 6 hereto, at 3).-- The prosecution history of the "parent patent 6,109,241" exhibits the samepattern as the prosecution history ofthe '565 Patent: Teleflex originally fied claimsreciting "an adjustable pedal assembly (22)" in combination with "an ~lectronic throttlecontrol attached to said support (18)" (see Exhibit 7 hereto, at 7); the claims, as originallyfied, were declared unpatentable under 35 U.S.C. § 103(a) in view ofRedding and priorar showing that "it would have been obvious at the time the invention was made to aperson having ordinary skill in the ar to provide the device ofRedding with theelectronic throttle control means attached to a support member" (see Exhibit 8 hereto);and once again, without disagreeing, at all, with the Examier's reasoning or conclusionsas to the obviousness and unpatentabilty ofmodifyng Redding to include an off-theshelfpedal position sensor, Teleflex amended what became Claim 15 of the parent '241Patent to exclude the Redding design from its coverage through addition of the claimlanguage, "wherein the position of said pivot (24) remains constant while said pedal arm(14) moves in fore and aft directions with respect to said pivot (24)" (see Exhbit 9hereto, at 2).-- Durng the prosecution ofthe '565 Patent and its parent, Teleflex submittedthree (3) separate InformationDisdosure Statements ("IDS's") purorting to discloseprior ar of which Teleflex and its patent counsel were aware (see Exhbit 10 hereto). Innot one of those statements did Teleflex disclose U.S. Patent No. 5,010,782 to Asano("Asano") or U.S. Patent No. 5,722,302 to Rixon ("Rixon '302"), notwithstanding that (a)7

Teleflex's counsel admittedly was aware ofboth references at relevant times (KSR MainBr. at 22 & n.12); and (b) both references disclosed adjustable pedal assemblies whosepedal pivots did not move durng pedal arm adjustment (see Wilemsen DecL. irir 34-37 &Exs.ll.,12; Krger DecL. irir 4-6,25-30 & Ex. 1).5Asano Combined With a Pedal Position Sensor-- Asano discloses each and every strctue recited in clai 4 ofthe '565 Patent,with the exception of"an electronic control (28) attached to said support (18) forcontrolling a vehicle systemii (see Exhibit 11 hereto; Wilemsen DecL. ir 35 & Ex. 12;'Krger DecL. ir 5 & Ex. 1). Unlike the Redding reference described above, Asano (KSRMain Br. at 22 & Exs. 1,6) discloses a position-adjustable pedal assembly (a)whoseentire pedal ar (74) moves in rectilinear, "fore and aft" directions along a guide'i; member, and (b) whose pedal pivot (54) remais in a constant position while the pedalar (74) moves in "fore and aft" directions with respect to the pivot (Kger Dee!. ir 5 &Ex. 1).65 Rion '302 issued on an application filed October 2, 1996, and unquestionablyconstituted prior ar to theparent '241 Patent under 35 U.S.C. lO2(e). Since the filig ofKSR's Motion for Sumar Judgment of Invalidity, Teleflex has produced documents(Thid Dabney DeeL. ir 12) which establish, clearly and convicingly, that the acceleratorpedals embodyig the RIxon '302 design were commercially offered for sale by no laterthan October 24, 1996, thus rendering that design prior ar to the '565 Patent under 35U.S.C. § 102(b). See Pfaffv. Wells Elecs., Inc., 525 U.S. 55,68-69 (1998) (offer ofproduct for sale trggers application of35 U.S.C. § 102(b)). Teleflex ironically cites andrelies on RIxon '302 in its opposition (see Declaration ofTimothy L. Andresen filedAugust 11, 2003, ~ 4).6Unlike the design embodied in the accused GMT -360 and GMT -800 pedal systemsmanufactued by KSR, Asano discloses an adjustable pedal system comprising a guidemember (52) and a pedal arm (74) that slides in its entirety along the guide member.8

-- Conventional, off-the-shelf pedal position sensors that were on sale in theUnited States as of Januar 26, 1998, including CTS "503 Series" sensors, could havebèem attached to the accelerator pedal support bracket (50) disclosed in Figure 5 ofAsano, for engagement with the disclosed accelerator pedal's pivot shaft (54), withoutmaterially altering the Asano pedal (Wilemsen DecL. ir 36; Krger DecL. ir 6 & Ex. 1).-- Submitted with KSR's Main Brief was a specimen CTS "503 Series" pedalposition sensor of a type that was on sale in the United States prior to January 26, 1998(WilemsenDecL. irir 18-19 & Exs. 9-10). The housing of the submitted CTS "503Series" sensor includes two holes for mounting surface fasteners, such as screws (id.).-- CTS "503 Series" sensors are modular, completely enclosed units withopenigs designed to fit over and engage a vehicle pedal's pivot shaft (Willemsen DecL. ir '19 & Exs. 9-10). The modular design ofCTS "503 Series" position sensors enables thosesensors to be installed on different makes and models ofvehicle accelerator pedal, assemblies (Wilemsen DecL ir 19).-- As of Januar 26, 1998, CTS provided specifications identifyng minimumrequirements (for example, minmum surface requirements for attachment points) thatany person of ordinary skil in the pedal design art could follow and use to design a pedalassembly that would actuate aCTS 503 Series sensor (Wilemsen DecL. ir'21 & Ex. 9). ,-- The computer anation file named "Asano_565 _claim_ 4.mpeg", submitted aspar of Exhbit 1 to KSR's Main Brief, contains tre and accurate representations of(a)the position-adjustable pedal disclosed in Figue 5 of Asano, (b) the accelerator pedalinstalled in certin 1994 GM pick-up trcks (the "1994 GM ETC Pedal"), and (c) how themodular, CTS "503 Series" position sensor attached to the support ofthe 1994 GM ETC9

Pedal could be similarly attached to the support of the Asano pedal (Kger DecL. ir~ 4-6& Ex. 1; Wilemsen Decl. irir 35-37, 41 '& Ex. 12).-- As of January 26, 1998, a person of "ordinary" skill in the ar ofthe '565 Patentwould have had a minmum oftwo (2) years of college level training in mechancalengineering and 2-3 years' work experience spanng at least one complete pedal design"cycle" (Willemsen Decl. ir 20).7I. "OBVIOUSNESS" IS A QUESTION OFLAW. NOT A QUESTION OF FACT.Teleflex asserts that sunary judgment is inappropriate because "the tre issuebetween tp.e paries" supposedly is: "Whether as .ê factual question, the Engelgau Patentwould have been obvious to one of ordinary skill in the ar" (pltf. Opp. Br. at 1; emphasis/added).8 In fact, as was set fort in KSR's Main Brief (KSR Main Br. at 19), "theultimate question of patent validity is one oflaw." Graham v. John Deere Co., 383 U.S.1, 17 (1966). "(W)here the ultimate legal conclusion of obviousness is disputed, but not,the underlyig facts, there is no issue of fact requiring a trial, even though some factsfavor obviousness, some nonobviousness." Newell Co. v. KennevMfg. Co., 864 F.2d757, 763 (Fed. Cir. 1988),cert. denied, 493 U.S. 814 (1989).7 Plaintiff contends that a person of "ordinar" skill in the ar ofthe '565 Patent wouldhave even more education than KSR believes he or she would have (Pltf. Opp. Mem. at12 n.9). For puroses of the present motion the Cour may assume the correctness ofplaintiffs position. Teleflex acknowledges that "(r)egardless ofwhich definition thisCour chooses to adopt, the obviousness analysis would remain substantially unaffected"(id.).8 As described infra, besides erroneously asserting that "obviousness" is "a factualquestion," Teleflex's opposition is also erroneous in its focus on the "Engelgau Patent,"10

Here there is no dispute as to any of the facts put forward by KSR in support of itsMotion for Sumary Judgment of Invalidity, as summarzed above.9 Rather, thequestion raised to the Cour is purely one of law, namely, whether lithe differencesbetween the subject matter sought to be patented and the prior ar are such that the subjectmatter as a whole would have been obvious at the time the invention was made to aperson having ordinary skill in the ar to which said subject matter pertains.ii 35 U.S.C. §103(a). It is well-settled that "a district court can properly grant, as a matter oflaw, a,motion for summary judgment on patent invalidity when the factual inquiries intoobviousness present no genuine issue ofmaterial facts." Rvko Mfg. Co. v. Nu-Star. Inc.,950 F.2d 714, 716 (Fed. Cir. 1991).It is equally well-settled that "(0 )pinon testimony by experts concluding that aninvention would or would not have been obvious. . .raise no issue of fact. ii PetersonMfg. Co. v. Central Purchasing. Inc., 740 F.2d 1541, 1548 (F~d. Cir. 1984) (affirmgsummar judgment of invalidity under 35 U.S.C. § 103). Accord Avia Group Int1. Inc.v. L.A. Gear Cal. Inc., 853 F.2d 1557, 1562-64 (Fed. Cir. 1988) ("a conflct in the legalopinions of experts creates no dispute of fact"). It is, thus, no bar to summar judgment(pltf. Opp. Br. at 6), rather that on the subject matter recited in asserted Claim 4 oftIie'565 Patent.9 In view ofTeleflex's failure to controvert any ofthe factual predicates put forward byKSR in support of sumar judgment, Teleflex's discussion of the "burden of proof'how much proof constitutes(pltf. Opp. Br. at 5-6) is beside the point. Regardless ofii of a factual contention, KSR's factual contentions here --"c1ear and convincing evidencee.g., the disclosure of Asano -- are totally undisputed. In such circumstances, "the entirequestion of obviousness is one for the cour." Badalamenti v. Dunam's, Inc., 680 F. 'SUppa 256,259 (E.D. Mich.) (Feikens, J.), affd mem., 862 F.2d 322 (Fed. Cir. 1988).See Strctural Rubber Prods.. Inc. v. Park Rubber Co., 749 F.2d 707, 721 (Fed. Cir.1984).11

that Teleflex has found two experts who apparently are prepared to say, in conclusoryfashion, that "the Engelgau Patent involved a combination of elements that would nothave been obvious to one of ordinar skill in the art" (pltf. Opp. Br. at 12-13). "That theparies fervently dispute the ultimate conclusion of obviousness is not enough to raise aII Structural Rubber Prods.. Inc. v.Park Rubber Co.,749 F.2d 707, 721factul question.(Fed. Cir. 1984)."Whether a reference or a combination of references renders a claimed inventionobvious under 35 US.C. § 103 is a question oflaw subject to full and independent reviewin this cour." In re GPAC Inc., 57 F.3d 1573, 1577 (Fed. Cir. 1995). KSR's motion callsupon the Court to determine that the combination of (a) Asano and (b) an off-the-shelfpedalposition sensor, such as the CTS "503 Series" sensor, renders the subject matter ofasserted claim 4 of the '565 Patent unpatentable as a matter oflaw, just as the Patent .-Offce earlier ruled that the simlar combination of Reddig and Smith, described above,was unpatentable under 35 U.S.C.§ 103(a) (see Exhbits 3-5 hereto). "(W)here the onlyissue is, as here, the application of the statutory standard of obvio.usness (35 U.S.C. §103) to an established set of facts, there is only a question oflaw to be resolved by thetraljudge." Newell; 864 F.2d at 762.12

n. "OBVIOUSNESS" MUST BE DETERMIND BYREFERENCE TO SUBJECT MATTER RECITED INAN ASSERTED CLAIM, NOT BY REFERENCE TOSUBJECT MATTER "DEPICTED" IN A PATENT.On the legal question of validity, the entire thrst of Teleflex's opposition tosumary judgment is misdirected and erroneous"for it focuses on ",the design depicted-in, the Engelgau Patent" (Plft. Opp. Br. at 6; emphasis added), rather than lithe subject mattersought to be patented," 35 U.S.C. § 103(a), that is, thesubject matter recited in assertedClaim 4 ofthe '565 Patent.In wrting Claim 4 ofthe '565 Patent, Teleflex's patent counsel chose to describethe alleged "invention" in terms (e.g., "an adjustable pedal assembly (22) having a pedalar (14) moveable in fore and aft directionsii) that omitted any description ofthephysical characteristics and arangement of the strctues depicted in the drawings of the'565 Patent. 10 Far from limting asserted Claim 4 to the "design depicted in the Engelgau, Patent" (pltf. Opp. Br. at 6), the '565 Patent specification actually states that "(t)headjustable pedal assembly 22 can be any ofvarious adjustable pedal assemblies known inthe ar" ('565 Patent at col. 2, lines 55-56; see KSR Main Br. & Ex. 5). It is that sweepingclaim -- not the "design depicted in the Engelgau Patent" -- that the Cour must evaluate10 As KSR has elsewhere argued (see Briefin Opposition to Plaintiffs Two Motions forSumar Judgment of Infrgement filed July 28,2003, at 28-29), besides being invalidunder 35 U.S.C. § 103, asserted claim 4 ofthe '565 Patent represents a classic violation oflithe doctre that a patentee may not broaden his produCt claims by describing theproduct in terms offunction." General Elec. Co. v. Wabash Co., 304 U.S. 364,371(1938). Accord United Carbon Co. v. Biney & Smith Co., 317 U.S. 228,243 (1942);Holland Furitue Co. v. Perkis Glue Co., 277 U.S. 245, 257 (1928). ,It was only bydescribing Mr. Engelgau's alleged "invention" in terms ofits "fuction", and omittingreference to the physical strctues comprising the "invention", that Teleflex could evenargue that KSR was makng or sellig pedal systems embodying that alleged "invention".Ths is a separate and independent ground for awarding sumar judgment to KSR.13

for validity under 35 U.S.C. § 103(a), in view of (a) Asano and (b) electronic pedalposition sensors, such as the CTS "503 Series" sensor, that were specifically designed tobe attached to vehicle pedal's pivot and support bracket (e.g., KSR Main Br. at 25 & Ex.10), such as the pivot (54) and support bracket (50) disclosed in Figue 5 of Asano (KSRMain Br. at 22 & Ex. 6).III. TELEFLEX ERRONEOUSLY RELIES ON ALLEGED"DIFFERENCES" THAT DO NOT EXISTIN ASSERTED CLAI 4 OF THE '565 PATENT.Teleflex does not dispute that Asano, in combination with an off-the-shelf pedalposition sensor, meets each and every limitation of asserted claim 4 of the '565 Patent(Wilemsen DecL. ir 35 & Ex. 12; Krger DecL. ir 5 & Ex. 1). Teleflex also does notdispute that combining Asano with an off-the-shelf position sensor would have beenobvious to a person of ordinary skil in the ar of the '565 Patent, just as the Patent Officeruled that combing Redding with such a sensor would have been unpatentably obviousdurng prosecution ofthe '565 Patent (see Exhbits 3-5 and 8 hereto), a ruling thatTeleflex repeatedly acquiesced in (see Exhibits 6, 9 hereto).Yet according to Teleflex, sumary judgment should be denied because"combing Asano with an electronic control wou~d not have solved any ofthe problemsconfronting Engelgau in his design ofthe Engelgau Patent" (pltf. Opp. Br. at 15). This isso, Teleflex argues, because "someone in Engelgau's shoes, who was trg to create anadjustable pedal assembly with an attached electronic control that was easy to package ina narrow space and was also relatively simpleand inexpensive, would shun Asano" (pltf.Opp. Br. at 20; emphasis added).14

Teleflex's argument is erroneous at several levels. In the fist place, Teleflex'sargument simply ignores the language of asserted claim 4 ofthe '565 Patent. Claim 4 ofthe '565 Patent is not limited to adjustable pedal assemblies that are "inexpensive","more easily assembled", or "more conveniently packaged" (pltf. Opp. Br. at 11, 18).Claim 4 of the '565 Patent similarly does not exclude adjustable pedal assemblies that are"complicated,ii "expensive", "time consuming to assemble", or "require a signficantamount of packagig space" (id. at 11, 19). Even assuming, for purposes of arguent,that differences of this sort existed between the design disclosed in Asano and lithe designdepicted in the Engelgau Patent" (i. at 6), those alleged differences canot be reliedonto withstand sumar judgment, for Teleflex's assignor(s) included no such limitations inasserted claim 4 ofthe '565 Patent. E.g., Graver Tan & Mfg. Co. v. Linde Ai Prods.Co., 336 U.S. 271, 277 (1949); E.l. Du Pont de Nemours & Co., 849 F.2d 1430, 1433-34(Fed. Cir.), cert. denied, 498 U.S. 986 (1988).11For similar reasons, Teleflex's assertion, "combining Asano with an electroniccontrol would not have solved any ofthe problems confronting Engelgau in his design ofthe Engelgau Patent" (Pltf. Opp. Br. at 15), is legally irelevant, for asserted Claim 4 ofthe '565 Patent "reads on" precisely that combination (see Exhibit 11 hereto; Krger DecL.ir 5 & Ex. 1; Wilemsen Decl. ir 35 & x.12). Furthermore, the standard ofpatentabilty11 As noted above, Teleflex and THC produced documents on July 29,2003,demonstrating that the accelerator pedal described in RIxon '302 constitutes prior art tothe '565 Patent (Third Dabney Decl. ir 12). The mechancal configuation oftheaccelerator pedal disclosed in RIon '302 is vially identical to that disclosed in the '565Patent. See Krger DecL. irir 28-30 & Ex. 1. Thus even assuming, for purposes ofii between Asano andarguent, that there were any relevance to unclaimed iidifferencesthe subject matter recited in claim 4 ofthe '565 Patent, no such differences exist withrespect to Rixon '302.15

under 35 D.S.C. § 103(a) is not what would have been obvious to Mr. Engelgau (PItf.Opp. Mem. at 18), but whàt would have been obvious to lithe hypothetical person ofordinary skill in the ar who is charged with knowledge of all the contents ofthe relevantprior art." In re Carlson, 983 F.2d 1032, 1037-38 (Fed. Cir. 1992).Where, as here, lithe references are all in the same or analogous fields, knowledgethereof by the hypothetical person of ordinar skill is presumed. ii In re Katz, 933 F .2d982,986 (Fed. Cir. 1991). Teleflex's assertion that a person of ordinar skill in the ar ofthe '565 Patent, seekig to develop the subject matter recited in Claim 4 ofthat patent,would have IIshuned Asaro" (pItf. Opp. Br. at 20) is thus erroneous as a matter oflaw.IV.TELEFLEX IGNORES PRIOR ART TEACHINGTHE PLACEMENT OF PEDAL POSITIONSENSORS ON PEDAL SUPPORT BRACKETS.Teleflex's assertion that "(t)he Engelgau Patent provided a feature previouslyunavailable, specifically, an electronic throttle control attached to the support forcontrollng an engine throttle" (pltf. Opp. Br. at 18), as distinguished from being'"attached to the pedal itself' (id. at 11), is unsupported and contrary to the record. Infact, durg the prosecution ofthe '565 Patent and its parent, Teleflex acquiesced in the, Patent Office's conclusion that "the Use of an electronic throttle control means (28)'attached to ß: support member (40, 26) in a pedal assembly is old and well-known in thear" (see Exhibit 3 hereto, at 2; emphasis added). Cf. Deere,383 U.S. at 34-35 (holdingpatent invalid where allegedly novel featue was disclosed in prior art).The prior art fuer and expressly teaches the preferability of pedal positionsensors being mounted adjacent to, and engaged with, an accelerator pedal's pivot shaft,regardless of where such a pivot shaft might be located (Wilemsen DecL irir 13-21 &16

Exs. 8-10; KSR Main Br. at 23-27). The optional position sensor (42) disclosed in the'565 Patent follows this teaching. Teleflex's assertion that "(t)he novelty ofthe EngelgauPatent stems from the decision to separate the pedal from the electronic control" (pltf.Opp. Br. at 11) flies in the face of the '565 Patent itself: the optional position sensor (42)disclosed in the '565 Patent is engaged with the pivot shaft the disclosed position-(54) of, adjustable pedal assembly (22), in precisely the same way as is shown in the prior ar(KSR Main Br. at 25 & Exs. 9.;10).The prosecution history ofthe '565 Patent also belies Teleflex's speculation (pltf.Opp. Mem. at 20) that the Examiner ofthe '565 Patent application supposedly recognzedthe invalidity arguents put forward by KSR herein, and supposedly formed a legalconclusion as to the patentabilty of claim 4 ofthe '565 Patent notwthstanding thosearguments. As described at pp. 3-7 above, Teleflex procured allowance of claim 4 òfthe'565 Patent by (a) filing an amendment to its original claims that the added limitation,"wherein the position of said pivot (24) remains constant while said pedal ar (14), moves in fore and aft directions with respect to said support" (compare Exhibit 2 heretowith Exhibit 6 hereto), and then (b) arguing that with this limitation, the subject matter ofClaim 4 allegedly Was patentably distinct from the'prior ar. Teleflex's prosecutionamendment and argument are flatly inconsistent with its theory, put forward for the firsttime in opposition to sumar judgment, that the "non-moving pivot" limitation addediby the amendment was known to exist in a brake pedal system disclosed in U.S. PatentNo. 5,632,183 to RIxon (pltf. Opp~ Br. at 20).At all events, "(a) patent, in the last analysis, simply represents a legal conclusionreached by the Patent Office", typically "in an ex pare proceeding, without the aid ofthe17

arguents which could be advanced by parties interested in proving patent invalidity. IILear, Inc. v. Adkins, 395 U.S. 653, 670 (1969). Such legal conclusions are not bindingon this Court, and indeed are not even subject to "deference" on direct appeal fromdetermnations ofthe Patent Office in inter pares proceedings. See In re Baker Hughes,Inc., 215 F.3d 1297, 1300 (Fed. Cir. 2000). Whateverunariculated legal reason(s) mayhave lain behind the Examiner's allowance of'565 Patent claim 4 followig his receipt ofan arguent that Teleflex now attempts to disavow, those unown and unkowablereason(s) have no bearng on KSR's motion. Cf. Celeritas Techs. Ltd. v. Rockwell Int'lCo., 150 F.3d 1354, 1360-61 (Fed. Cir. 1998), cert.denied, 525 U.S. 1106 (1999) (patentheld invalid over reference that had been disclosed to Patent Office).Teleflex's opposition also ignores a legion ofSupreme Cour decisions holdingthat "(t)he mere aggregation of a number of old parts or elements, which, in theaggregation, perform or produce no new or different fuction or operation than thattheretofore performed or produced by them, is not patentable invention. II Great At!. &Pac. Tea Co. v. Supermarket Equip. Corp., 340 U.S. 147, 152 (1950).12 Here it is 'undisputed that asserted claim 4 ofthe '565 Patent, as wrtten, merely "unte(s) old12 Accord Sakaida v. Ag Pro. Inc., 425 U.S. 273, 281-82 (1976); Anderson's-BlackRock. Inc. v. Pavement Salvage Co., 396 U.S. 57, 60 (1969); Toledo Pressed Steel Co. v.Standard Pars, Inc., 307 U.S. 350, 355-56 (1939); Lincoln Engineering Co. v. Stewar-Warer Corp., 303 U.S. 545,549 (1938); Altoona Publix Theatres, Inc. v. American Tri-Ergon Corp., 294 U.S. 477, 486 (1935); Pickering v. McCullou~, 104 U.S. 310,318(1881); Reckendorferv. Faber, 92 U.S. 347,356-57 (1875); Hailes v. Van Wormer, 87U.S. (20 WalL.) 353,368 (1873). Teleflex's assertion that "COurS traditionallyhave beenskeptical of' invalidity challenges based on obviousness (pltf. Opp. Mem. at 7) isunsupported and insupportable. The Supreme Court has "observed a notorious differencebetween the standards applied by the Patent Offce and by the courts." Graham v. JohnDeere Co., 383 U.S. 1, 18 (1966) (holding two patents invalid under 35 U.S.C. § 103).18

elements with no change in their respective fuctions,ii Sakaida v. Ag Pro. Inc., 425 U.S.273,281 (1976) (quoting Great AtL., 340 U.S. at 152), and thus clearly fails lithe test ofvalidity of combination patents." Sakaida, 425 U.S. at 282 (quoting Anderson's-BlackRock, Inc. v. Pavement Salvage Co., 396 U.S. 57, 60 (1969)).' Ths is a separate andindependent ground for awarding sumary judgment to KSR.V. SECONDARY FACTORSAs its final ground of opposition, Teleflex relies on an Affidavit of Charles Meier("Meier Aff.") stating that "(t)he adjustable pedal assembly design referenced in theEngelgau patent (U.S. Patent No. 6,237,565) has been placed in Ford's U-137/P131program, ii and "Teleflex has shipped approximately 150,000 adjustable pedal units toFord for the U-137/P-131 program." These facts, eVen ifaccepted at face value, areclearly insuffcient "to overrde a determination of obviousness based on primarconsiderations.ii Ryko, 950 F.2d at 719 (affirmng award ofsumar judgment under 35U.S.C. § 103(a), notwithstanding that "secondar consideration weighted in favor of' thepatentee).In the first place, the '565 Patent describes two embodiments of a vehicle controlpedal apparatus, one comprising a "cable attachment member 78" for actuating an enginethrottle cable, and second comprising an optional "electronic throttle control28". Theembodiment comprising a "cable attachment member 78" is not protected by '565 Patentclaim 4. Teleflex has presented no evidence identifyg its sales of pedal systems19

embodying the subject matter of asserted claim 4,as distinct from cable-actuatedaccelerator pedal assemblies that are described but not claimed in the '565 Patent.13Equally important, "secondary" considerations such as "commercial successII are"relevant only in a close case where all other proof leaves the question of invention indoubt." Dow Chem. Co. v. Halliburon Oil Well Cementing Co., 324 U.S.320, 330(1945). This is not such a case. Cf. Sakraida, 425 U.S. at 282-83 (holding patent invalidunder 35 U.S.C. § 103(a) notwithstanding "commercial success" ofalleged"inventions"); Anderson's-Black Rock, 396 U.S. at 60 (same).CONCLUSIONFor the reasons set forth above and in KSR's Main Brief, the Court should grantsumar judgment dismissing the sole suriving claim of the ComplaintDated: August 26, 2003Respectfully submitted,DiC HT PLLCByK cIntyre (P17450)Attorneys for Defendant500 Woodward Avenue, Suite 4000Detroit, MI 48226-3425(313) 223-3500JAMS W. DABNEYPenne & Edmonds LLPAttorneys for Defendant1155 Avenue of the AmericasNew York, NY 10036(212) 790-909013 Teleflex's failure to claim the cable-actuating version ofthe pedal system described inMr.the '565 Patent demonstrates, in dramatic fashion, that the purported "invention" ofEngelgau consisted of nothing more than adding an off-the-shelf pedal position sensor toan otherwise old and (in 1999) clearly unpatentable design. '20

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eTELEFLEX INCORPORATED,v.Plâitiff,KSR INERNATIONAL CO.,Defendant.RODGER D. YOUNG (P22652)STEVEN SUSSER (P52940)Young & Susser, P.e.Counsel for Plaintiff26200 American DriveSuite 305Southfield, MI 48034248.353.8620eUNITED STATES DISTRICT COURTOF MICHIGANEASTERN DISTRICTSOUTHERN DIVISION::~. t 7-ri~ '.~~~ ~~; ,. nV-.. ~ t-.'03 ~UG l' ~\n'\.. :.\ ",:' Ji,;; . -.' ;;"':"~~l. - ':~"", ~. ¡. . ;.. C"l TO;:. :.C:J: .~, \ (~;\i!"". ...' ~ .. ... .. :..DE Ti\O\ 1Case No. 02 74586Hon. Lawrence P. ZatkoffMagistrate Judge PepeJAMES W. DABNEYPennie & Edmonds, UPCounsel for Defendant1155 Avenue of the AmericasNew York, NY 10036212.790.9090KENNETH 1. MCINTYRE (P17450)Dickinson'Wright, PLLCCounsel for Defendat500 W oodward AvenueSuite 4000Detroit, MI 48226313.223.3500STIPULATION AN ORDER FOR- DISMISSALWITH 'PREICE OF CLAIMS n AN in OFTELEFLEX'S SECOND AMNDED COMPLAIAt a session of said Court, beld in the FederalCourouse, for the Eastern Distct of Michigan,located in the Cityof Detroit, County of Wayne,State of Michigan, onPREEN:L.WrlENCE P.1ATUnited States Distrct Judge ")"§~

,e ePlaintiffTeleflex Incorporated ("Teleflex") and non-party Technology Holding Company("THe") having agreed to dismiss with prejudiceUnited States Patent No. 6,305,239 ("the '239Patent"), in light of French Patent Application No. 2,739,947 ("the Urset Patent"), and todedicate the '239 Patent to the public under 35 V.S.C. § 253.And Teleflex and THC having agreed to dismiss with prejudice United States Patent No.6,374,695 ("the '695 Patent"), in light ofme Urset Patent, and to dedicate the '695 Patentto thepublic under 35 V.S.C. § 253.And in accordance with the stipulation to that effect, and the Court being otherwise fullyadvised in the premses;IT IS ORDERED that Count II of Teleflex' s Second Amended Complaint, relating to the'239 Patent, be dismissed with prejudice.IT IS FURTHER ORDERED that Count III ofTeleflex's Complaint, relatig to the '695Patent, be dismissed with prejudice., IT IS FURTHER ORDERED that this Cour makes no finding with respect to the validityor invalidity of the '239 Patent.IT is FURTHER ORDERED that ths Court makes no finding with respect to the validityor invalidity of ,the '695 Patent.IT is FURTHER ORDERED that ths Cour makes no fiding wit respect to theingement or non-jningement of the '239 Patent by any products manufactured, offered forsale, or sold by KSR International Co. ("KSR").2

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.. ,). ../ IN THE UNTED STATES PATENT AN TRAEMA OFFICEApplicantEngelgauSerial No.Not Yet Assigned (Contiuation of 09/236,975)Atty No. 65,748-659FiledTitleConctiently HerewithADJUSTABLE pEDAL ASSEMBLY WIHELECTRONIC THROTTLE CONTROL: GROUP: 3747: EXAR:: J. Kwon ~h¿fL/0. J G-PRELIMARY AMNDMENTCjhU.6H-'";:¡:l~~niF.t li:'0b~'bito \.R!" ~Assistant Commssioner òfPaíentsWashigton, D. C. 20231BOX: PATENT APPLICATIONDear Sir:Pleasepreliar amend the above-identified application as follows:"\ ' ', ".",., dd to lie 2, ofpg 1,~~'.\ !NT ~:~oC::~::::::_ -l'LATED APLICATION __.~_. .-:~.. .. ., --This application is a contiuation of copending application Serial No.09/236,975, filed~ ) Januar26, 1999, GLS (Jpf. b,fOcr, e.4-1 'H & H Docket No".: 65,748-659C\C\

I. .IN THE CLAIS:°f'~PlY,ase cancel clai 1-19\r \Cj I adjused positions; -Please add the followig new-cais:.....! 1. 2(,- (New) An adjustable peda assembly for a ve . e compnsing;about a pivot axis (26);~ J an 7 onic control (28). sup~orted on said support (18~ an~ resp~nsive to piv~tali:b: -- .:- L mov!inte:nt of ~ pedal ar (14) and said gude member (62) about said pivot axiS (26).peda an (14) is in slidig'. ');: 1" ... r ".."' ~''-":-a support (18) for mountig to a vehiclea gude member (62) rotataly sup íted by saidI ~~. ¡.\;lV' 'r ~ (New) An assembl~ as set fort in clai 20 wherein saidsupport (18) for pivota movementa pedal an (14) SllPP éd on said guide member (62) for rectiliear movement infore and aft diections relative t aid guide member (62) and said pivot axis (26) between vanouså . engagement with said gude member (62) and extends fròm said gude member (62) to lower pad00 end.r"ruC:iO.ar (14) along said gude member (62)...\:-........--_... .:!'V'ii (New)'h\\~ 1.1ÍIf ~ (New)f dnt ve.An assembly asset fort in clai 21 includig a dnve for movig said pedal~~ ~dt 22~eid-dre comp~ing---.a ~~:~..-,¡" ;.i_3\;'~.~.:;!tH & H Docket No.: 65,748-659,rj \..\ l\

REMAClais 20-23 remai in ths application. Claims 1-19 have been canceled from theapplication. The entrance of ths prelimi amendment for the puroses of fig the attacheddivisional application is resi:~ctfuy submitted.Respectfully submittedC:iiii ::ii6r.=k;lJ=F "I r./ije....kd¡:ij1mllJbJ'C~.Dat~'.~V"L;~ r)/J...:,:;~arold W. Milton, Registration No. 22,180The Pinehurst Offce Center, Suite #10139400 Woodward AvenueBloomfeld Hils, Michigan 48304(248) 723-0352HWalwG:\T-V\Teleflex\Auto\Ip00659\Patent\Pe1inai Amendment - Continuaton Teleflex.docCERTIFCATE OF MAING BY "EXPRESS MAL nI hereby cert thtthe enclosed paper or fee is being deposited with the United States PostServce as Express MaiL, postage prepaid, in an envelope as "Express MaiI Post Offcè toAddressee", MailigLabelNo; EL639688012US and addressed to the Assiståt Comm$sionerof Patents, Washigton, D.C. 20231, on . AUl!st 2~ 2000.~ d. ~tt ~,(1a-oiöi ,Anne L. WinchesterH & H Docket No.: 65,748"659(:\

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Offce Action Summaryo Responsive to communication(s) filedono This action Is fiNAL. .Application No.091643,422Examiner.o Since this application is ¡ncondition for allowance except for formal matters, prosecution as to the merits is closedin accordance with the practice under Ex parte Quayle, 1935 C.D. 11; 453 O.G. 213.A shortened statutory period for response to this action is set to expire 3 month(s), or thirt days, whicheverIs longer, from the mailng date of this communication. failure to respond within the period for respo'nse wil cause theapplication to become abandoned. (35 U.S.C. § 133). Exensions of time may be obtained under the provisions of37 CFR 1.136(a).Disposition of ClaimsIZ Claim(s) 20-23Of the above, claim(s)o Claim(s)IZ Claim(s) 20-23o Oaim(s)o Claimsis/are pending iti the application.Is/are withdrawn from consideration.is/are allowed.is/are rejected.is/are objected to.are subject to restriction or election requirement.Application Paperso See the attached Notice of Draftsperson's Patent Drawing Review, PTO-948.o The drawing(s) filed on is/are objected to by the Examiner.o The proposed drawing correction, filed on is Dipproved O:isapproved.o The specification is objected to by the Examiner.o The oath or declaration is objected to by the Examiner.Priority under 35 U.S.C. § 119o AcknOwl,edgement is made of a claim fodoreign priority under 35 U.S.C. § 119(aHd).o All 0 Some* 0 None of the CERTIFIED copies ofthe priority documents have been,received.oo received in Application No. (SerIes Code/Seriai Number)o _received in this national stage application from the International Bureau (PCT Rule 17.2(8)).*Certified copies not received:,of a claim for domestic priority under 35 U.S.C. § 119(e).o Acknowledgement is madeAttachment(s)IX Noticè of References Cited, PTO-892IX Information DisGlosure Statement(sl, PTO-1449, Paper No(s). 2o Interview Summary, PTO-413o Notice of Draftsperson's Patent Drawing Review, PTO-948o Notice of Informal Patent Application, PTO-152_ SE.EOFF/CE ACT/ON ON iHEFOLLOWING PAGES-U. S. Patent .nd Traiiman: OffceOffce,PT0.326.(ev. 9.,5)Action Summary, Part of Paper No. ~

Serial Number: 09/643,422Page :2Ar Unit: 3747DETAllED ACTIONHousekeepingApplicat(s) is(are) suggested to Iist a curent telephone number, a facsimile number and athe atorney/applicant for each response tò thelist of the atachments, ifany, under the,signature ofthe application.Offce action(s) in order toexpedite and make accurate the prosecution of1. The submission of the Inormation Disclosure Statement dated Augut 22, 2000 has beenreceived and fuly considered. No fuer Inormation Disclosure Statement is in the records.Drawings2. The drawigs are objected to iider 37 CFR 1.83(a). The drawigs.must show everyfeatue of the invention specifed in the clai. Therefore, the screw drive in c1ai 23 must beshown orthe featue(s) canceled from the clai(s). No new mattr should be entered~Claim Rejections - 35 USC § 1033. The followig is a quotation of3S U.S.C. 10~(a) which forms the basis foral obviousnessrejections set fortin ths Offce action:(a) A patnt may not be obtaned though the invention is not identically disclósed or described as set fort insection 102 of ths title, if the differences between the subject matter sought to be patented and the prior ar aresuch ihatthe subject matter as a whole would have been obvious at the time the invention was made to a person thehaving ordiar skill in the art to which said subject matr pertains. Patentabilty shall not be negatived bymanner in wluh theinventlon was mae. '

Serial Number: 09/643,422Page 3Ar.Unit: 3747"4. Claim 20-23 are rejê2ted under 35 U.S.C. 103(a) as being unpatentable over Reddig(US 5,460,061) in view ofSmith (US 5,063,811)*. Redding discloses a pedal (20) mounted apivotally movable gude ral mean (18) mounted on a support mean (16) in a conventionaadjustable pedal assembly. The peda an moves fore and aft direction. However, Redding,doesnot show the use of a electronic thotte control means atthed to a support member. S¡nithshows that the use of a electronic thotte control means (28) attched to a support member (40,26) in a peda assembly is old imd well known in the ar. Since the prior are references are fromthe field of endeavor, the pi-ose disclosed by Brown would have been recognized in thepertinent ar öfRedding. Therefore, it would have been obvious at the tie the invention wasmade to a person havig ordin ski in the ar to provide the device of Redding with theelectronic thottle control means atthed a support member as taught by Smith. Regarding theuse of a screw drve to move the pedal, it would have been considered to be an obvious choice ofmechanical design because one skilled in ths ar is famliar with basic adjustble peda devices andnonnally has the laboratory test facilties. To optime or select the suitable adjustable pedadevices would be within the abilty of ordiar, skiled in ths ar.Contact InformationAny inquir concerng this communication should be directed to Exaer Kwon attelephone number (703) 308-1046 and facsimle numbers (703) 308-7766. The examercannormy be reached on Monday th Friday from 8:30 AM to 5:00 PM.

Serial Number: 09/643,422Page 4Ar UIut: 3747Any inquir of a general nature or, relating to the status of ths application or proceeding :should be directed to the Group receptionist wb,ose telephone number is (703) 308-0861.John T. KwonPrimar ExamerAr Unit 3747November 6, 2000Enclosure(s);See the attchment(s) section ofthe Offce Action Summar./

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"United States Patent (19)Reddig et ala11111111111111~I11~I1111111~I111111111111~I111111111111111111I1I1II1111USOO54600 lA(11)(45)Patent Number:Date of Patent:, ,5 460061Oct. 24, 1995(54) ADJUSTABLE CONTROL PEDALAPPARATUS(75) Inventors: Hary L. Redding, Nort Port FIa;Chstopher Bortolon, Clawson, Mich.(73) Assignee: Comfort Ped, Inc.. Waren, Mich.(21) Appl. No.: 123,336(22) Filed: Sep. 17,1993(51) Int. Cl.6 ................................................... G05G 1/14(52) U.S. CI. ......,......................... 74/512; 74/513; 74/560(58) Field of Seah ........................... 74/512,513,560;. 1801334, 326(56)1,425,4131,454,2581,929,4092,468.9772,860,7202,9068422,908.1832,936,8673,151,4993,282,1253,301,0883,319,4873,338,3483,511,109 .'3,563,1113.643,5243,643,5253,691,8683,754,4803.765,263,828;6253.943,7953,975,9724,497.3994.875,3854.989,4745,010,782References CitedU.S. PATNT DOUMS8/19225/192310119335/19491119589/195910/19595/1960101196411/19661/19675/19678/19675/19702/19712/19722/19729/1972 .8/197310119738/19743/19768/19762/198510/19892/9914/1991Pag" ..........._...._.............. 74/560Ada ..................................... 741513Ca .Hobbs ....................................... 741512Huf et aI. .Bri .DiGiovan .Perr.' .Roe ......................................... 74/560Duly.Whte .........m.......................... 74/560Lysta et aI. .Roethbeer et aI. .Tanak _.................................. 741560Zeigler .....m............................ 741512Herrg ..................................... 741512Gibas ..............:........................ 741512Smith ...................;................. 741512Bodn et al. .................._... 74/512Bru Jr. ............................... 74/512Bru Jr. ................................ 74/512Kenney. .................._............ 74/5625Ml1hleck ........................._.... 74/560KopiCh ....................__...1921111Sitr ......................_.......... 741512Cicott et¡i. .....;............~.._.. 741512Asào et aI. ................:...__ 74/5125,078,024 1/1992 Cicolte et a1 .......................... 74/5125,351,573 10/1994 Cicott ......_........................... 74/5122293342213275326428585220920784952831FOREIGN PATNT DOCUMS7/19761/197312119774/19938/19613/1964Frace .Gey................................ 74/560Gey ..__..............._...... 74/560Japan ................................,.. 74/512United Kigdom ................... 74/512United Kigdom.Primary Exiner-Charles A. MarorAssistant Examiner-Nathan O. JensenAttorney, Agent, or Firm-Young, MacFarlane & Woo(57) ABSTRACTAn adjustable contrl peal appars for a motor vehicleincludig an accelerator contrl pedal assembly and a braeconcrol pedal assembly. A motor is positioned between theconlIol pedal assemblies and includes a motor drve shafdrvig first and second cables secur to the oppsite endsof the drve sha The cables extend respetively to thebrae and 'accelerator ped asemblies so as to providerota cable movement at each peal asembly. Atrsmissionat eah pedal assembly' convert the rota calemovement to rota movement ofa screw Immber whichslidably adjusts a ped an along an adjuster member. Asthe peda ar moves along the adjuster member, the pivotaxs of the assembly is moved so as to lltan a substatialyconstat feel for the ped iipective of the adjustedposition of the peda ar The pivot axs is moved by a eapin drven by the peda ar and reeived in a slot II a eamember carg the pivot axs pin A slack taeup device isprovided at the intersection of the peal ar and the adjustermember to preclude angular movemènt between the pear and the adjuster membe whie not inteerg with theslidig movement of the pe ar along the adjustermember. A cover of invertd U coIigution fits over theadjuster member to prote the slidig intedace betwee thepeda ar and the adjuster membe.and is fiedly secUred tooutbard fac of the adjuster member to ngidi theadjuste member.10 Clain 6 Drwing SheetsI8/6

'u.s. Patent . Oct. 24, 1995 Sheet 1 of 6 5,460,061FIG- I82FIG-4

, ,U .8. Patent Oct. 24, 1995 Sheet 2 of 6 5 460061IBe3 Ii18b16FIG-2FIG-13',' /&1 18d/22e

u.s. Patent Oct. 24, 1995 Sheet 3 of 6 5,460;061FIG-/2FIG-316bIBc16b60a= ~--.. "J6c~_ 16d ' -.. -,"14o3652 52'/ _ ~I20J.oo1060106FIG-/8I02106

.u.s. Patent Oct. 24, 19959154Sheet 4 of 672eI-l--, ( 1/6 . - -'r------------~--i 72i 0 /~"'-- ¡ ,_____ 72f 'cf 720'-____ Ii94 i1iiIIIi72b/02a 72g-~,104,/00/0274e/02 FIG.. 772a74 74e FIG-8

, ,U .8. Patent Oct. 24, 1995 Sheet 5 of 6 ,5460 Ø61aCJ ~ ~~~ çtg ::~~~ - ,~ :: ~-~..-(,-Sl(,~ r-,t)R C;--t -~f2 -r~ ~"- .(. ~l(~

"U .8. ,Patent ,Oct. 24; 1995 Sheet'6of6 5,460,061/24'/24d /20/240 )122b/24b 122g/24c /26/22d/22'/24f/24c/22)/22122cF/G-/4/22bF/G-/5/22h124e,/22d/22'/22eFIG-/6

"/ )1ADJUSTABLE CONTROL PEDALAPPARTUSBACKGROUN OF TH INNTON5,46,061Ths invention ri;lates to control peal apparatues andmore parcularly to adjustment meaJor selectively adjustingthe position of one or more of the control pes of amotor vehicle.In a conventiona automotive vehicle, pe are provided 10for controllig brakes and engine thtte. If the vehicle hasa manual trsIIssion, a clutch peda is also provided. Thesepes arc foot operate by the drver. In order for the drverto obta the most advantageous position for workig thescontrols, the vehicle front seat is usualy slidably mounted .15on a sea trck with mea for secg th seat along thetrck and a plurty of adjustment positions.The adjustment provided by movig the seat along theset trck does not accommodate al vehicle opeors due to'difference in anatomical dimensions. Fu.!thcr, Ll:iere is grw- 20ingconcem th the use of seat tracks, and espeally longseat trks, constitutes a safety hazar and th the seat maypullloose from the track durig an accident with resultinjunes to the dr ver and/or passengers. It is :tereforedesirble to either elirate the seat trk entieÍy or shortn 25the seat track so that it vnl be strng enough to retan theseat durg an imact Shortnig or elig the seattrck reuires that means be prvide to seletively movethe varous control pes to accommode varous sizedñvers. 30Varous proposals were made over ,a peod of may yearsto provide selective adjustment of the peal positions toaccommodte varous sized drvers, but none of these proposalsmet with any signcant commeral acptace since 35the proposed mecharsms were unduly complex aId 'expensiveand/or were extremely dicut to ope and/oraccomplish the requir pe adjustment omy at theexpense of alteg other crtica diensiona relationshipsas between the drver and the varous pes. Recently, a 40contrl pe mecharsm has been developed which issimple and inexpensive, easy to opera, and th accom-, plishes the required peda adjustment without alterig othercrtica diensional relationships as between the dñver andth varouspes. Ths contrlpeda mechanm is dis- 45closed in U.S. Pat Nos. 4,875,385,4,989,474, and 5,078,024, all assigned to the asgnee of th pIent applicaton.The present invention represents improvements to the basicadjustable contrl peda design diclose in these patents.SUMY OF TH INNTONTh invention is diected to the proviion of a simple andinexpenSive contrl peal mecanm in which the ¡iposition is readiy adjusted without distuing the essential, 55dimensional relationships in the contrl envinmentThe invention control peda appars inludes an adjustermember mounte for movement relative to the motorvducle strctu, ape ar mounted for slidig movementalong the adjuster membe means operative to move 60the pe arslidably along the adjuste member, and mesoperative in repOnSe to movement of the peal ar alongthe adjuster mèmbe to move the pivot axis of the Contrlpeal áppars.,Accdig to an.importt fèat of the inveni:on, the 65adjuster member and ped ar include coactg mountigportons which dèfinean inecon andtheappiitu2includes a slack taeup assembly positioned at the intesectionand operative to preclude relatve angular movementbetween the adjuster member and peda ar at the interection.Ths arangement elimnates undesied relatve move-S ment as between the peal ar and the adjuster member,whereby to provide a solid peal feel for the dñver andelimiate ratte in the contrl peal apparatu, whie notinterferg with the smooth slidig movement of the pealar along the adjuster member.In one embodient of the invention, the slack taeupassembly includes a bracket sere to the peda arproxite the intersection between the peal am and theadjuster member, a block positioned on thebrcket, 'and apluraty of plug members mounted in the block and extendingbeyond the block to engagea face of the adjustemember.In another embodment of the invention, the slack taeupassembly includes a lever member pivotaly mounted on thepeda an proximate the intersecon an adjuster meanopertive to move a toe porton of the lever memberupwardly into contat with a fac of the adjuster member totae up slack between the members.According to a fuer feate of the invention, the meanfor movig the pivot axs of the peal assembly Ii respOnseto slidig movement of the ped ar on the adjustermember comprises a car member, a pivot axs pin mounted'on the ea member and defining the pivot axs of the peassembly, and a lin connected at one end to thepeal arann cagly coactig at its other end with the eamember. Ths argement provides a readyand effcientmean to selectively move the cam member and thereby thepivot axs even in :te cramped envIooment which is tYpicaof the ar beneath the instrent panel of a motor vehicle.According to a fuer featue of the invention, the eamembér is pivotay mounted on th adjuster member, theone end of the li is pivotay mounted on the peal ar andthe other end of the li is received in a slot in the eamembér, and the pivot axs pin is received in a slot in theadjuster member. Ths specic argement provides preciseand positive movement of th pivot axs of the peassembly in response to adjustig movement of the pear on the adjuster 'memb.Accrdig to a fuer featu of the invention, the meansfor moving the pivot axs of the pè assembly in réponsto adjustig movemet of the peda ar along theadjustermember include ll eam membe pivote on the adjustermembe and ÍIcludig a slot and a pivot axs pin defig thepivot axs of the pedal aSsembly, and a cam pin recived in50 :te slot and operve in response to slidig movement of the'pedal appartus on the adjuster member to pivotthe canI'member on the adjuster member and adjust the position ofthe pivot axs pin and threby of the pivot ax of the pedassembly. in one embodent of th invention, the ea pinis mountèd on the pe ar and, in another embodiment ofthe invention, the appartu fuer mc1udes a lin pivotaymounted at one end on the peal arand theca pi ismounte on the other end of the liAccrdng to a fuher feature of th invention, th pedaassembly include first and second contl peda asemblieseah includig a screw member and a ped ar mounte foradjustig movement in response to rotation of the scrwmember to adjust the position of the ped an relative to the'vehicle stict, and the, appar includes a moto positionedon the motor veIùc1e stctue betwecn the first andsecond pe assemblies aninudig a motor dive shaffirst and seCo'èables se to the opposite ends of the

3drve shaf and extendig respectively to the fist and secondped assemblies so as to provide rota cable movement ateach peda assembly in response to acation of the motor,and mea at each pedal assembly operative to convert therota cable movement to rota movement of the screwmember. Ths argement allows a single motor positionedbetween the two pedal assemblies to positively and preselyposition the two pedal assemblies in responsè to actation ofthe motor.BRIF DESCRON OF TI DRAWIGFIG. 1 is a frgmenta perspeve view of a controlpedal appars according to the invention and including, abrae control ped assembly mounte side by side to an 15acclerar control peal assembly;FIG. 2 is a somewhat sèhemac view of the brake controlpedal assembly;FIG. 3 is a cross-sectiona view ta on line 3-3 of FIG.2;FIG. 4 is a fragmenta view of the brae, control pedassembly;FIG. 5 is a deta view of an element of the brae controlpedal assembly;FIG. 6 is a somewhat schematic view of the acceleratorcontrol pedal assembly;FIGS. 7 and 8 are detal views of the aclerator controlpedal assembly;FIG. 9 is a cross-sectiona view taen on line 9-9 of FIG. 306;FIG. 10 is a fragmenta perspective view of å por:on ofthe aceleraor ped assembly;FIG. 11 is 'a perspectve view of an element of the 35accelera ped assembly;FIGS.12-17 are detaled views of a bushing assembly for.use with the invention control pedal appars; andDETAIED DESCRON OF ~PREFED EMODIMSThe invention contrl peal appartu, broady consideredincludes a bra peda assembly 10 an an ~elettorpedal assembly 12. It wi be understood fuat the peassemblies 10 and U ar mounte side by side in conven- 45tiona fahion on the dah panel 14 of th associ motorvehicleurs.and ar simultaeously adjuste to movesothe repetivepedal pads of the pedal assemblies towa or away fromthe drver to selectively acommodate vanous drver sta-ri.Brae pedal assembly,1n (FGS. 1 an 2) includes abrket 16, an adjuster member 18, a pedal an 20, a cammember 22, and a lin 24. Al of the 'members, unlessotherwiseindicàted, ar formd of a suitale ferrus ma- 55Bracket 16 includes a bas porton 16a' adted to befiedly secured to the dash panel of the vehicle and a pai ofspaced side plate portonS 16b extending rearardlyfrmthe base porton. Eah side plate porton ,16b includes an 60arcuat generaly vertcayexrending slot 16e andan arcuategeneíay horizontay extendg slot 16d positionedbelow slot 16e. 'Adjuster member 18 includes a pai of spaced5,460,-061'side plate, portons 18a joined by a rea end wall18b and an upper end 6Swall 18e. A pin 26 seCl,ed,to an upstadig poron 18d ofeach side plate porton'l8aogdes slidalyin a repective4arcuate slot 16d in a respective bracket side plat porton16b. An arcuate slot 18e, correspondig in si:ze and i:onfigurationand generaly algned with the corrpondig slot16d in a respective bracket side plate porton 16b, is pro-S vided in each upstading porton lSd. One of the side plateportons 1Sa of the adjuster member is cr inwardly at18f (FG. 3) so as to enable the forward portons of the sideplate poron of the adjuster member, to be positionedbetween the spac bracket side plate portons 16b whieenabling the reaar porton of the adjuste member to10 assume a more widely spaced confgution to acmmodatethe ped ar 20 and assòciated drve and guide strctues.A brake acnition rod 48 is pivotaly secured to a forwardend portion 18j of one of theadjuste memb~r side plateportons and eah adjuster member side plate portion fuerinludes an upwary and forwardly extendig porton 18k.Pedal an 20 incIudes an upper poon 20a positionedbetween the spac side plat 18a of the adjuster memberand a lower porton 20b defig a lower end 20e mountig20 the brake peda 28. The upper porton 20a of pedal an 20is mounted for adjustable slidig movement along theadjuster member by apai of upper gude shoes Or blocks 30(FG. 3) pivotay mounte on a pin 3t passing though thepeda ar and a pai of lower guide shoès ot blocks 3425 pivotay mounte on a pin 36 passing though ,the pedar Each upper guide shoe 30 include a downwardlyopenig groove 30a slidably embraing the upper edge 18gofarespectiveadjuste member side plat porton 1Sa imdeach lower shoe 34 includes an upwardly openg groove34a slidably engaging the lower edge 18h of a respectiveadjuster membe side plate porton 1Sa. Upper shoes 30 andlower shoes 34 wi be sen to coact to alow the pedal arto be moved slidably fore and ,af along the side pl¡iteportons 18a of the adjuste memj)er so as to selectivelymove the brake pedal 28 fore and af with respect to thedrver. .A plastic generaly rectagular nut 38 (FG. 3) is securedto the side face of ped ar upper porton 20a beteen pins32 and 36 and includes a theaded.centt axal bore 38a40 tldably reiving a screw mèmber 40 compring theoutput sha of a trmission mechasm 42 (FGS. 2and4) sec as by a fastener 44 to one of the side platcableportons 1Sa of the adjuster member and including awet socke 42a receiving a drve cable 46 passing thougha cut-out 18i in .te other side plate porton 18a of theadjuster member. Trsmission member' 42 may, ,forexample, comprise a unt avaiable from Hancok Diviionof m Antomotive of Aubur His, Mich. as Par' No.2.8l219-Xl.A slac adjuster assembly is prvideof upperped ar :Prton 20a andplate portons 18a to prelude unwante andat the interseconadjuster membeè sideindverntanguar movement between the pe an andthe adjustemember. The slac taup assely (FGS. 4 -and 5)includes a lever 52 and an adjuste screw 54. Lever 52 ismounted in strdlg relaton to the upper end lOa of thear with the pe,a passing tlughan apertepedaS2a in the lever. Lever '52 fuer defies a forward upstaiidingporton 52b tlly receivig scrw 54 and a pai offorward toe portons 52c spac apar a distice corrpond-,ing to th spacing of the side plate portons 1Sa of theadjuster member. Lever 52 is pivotaly mounte on theuppepeda ai poron20a by a pivot pi S6 passing thoughthepeda ar The openig 52a in the lever is positioned suchthat the to portons 52c of the lever resptively engage thelower side. edges iSh of the ,adjuste'rimher_ side platporton'lii. Following the'assemblyof the pe,~ to the

5adjuster member utizig the guide blocks 30 and 34,adjuster scrw 54 is selectaly adjuste to bring toe portons52b into engagement with the lower edges 18h of the sideplate portons 18a of the adjuster member so as to tae upany slack in the sliding assembly of the peda an on theadjuster member and preclude relative anguar movement ofthe ped ar relative to the adjuster member, therebyelimitig any anoyig wobble of the peal ar relativeto the adjuster membe and any resultat rattg noises.ea member 22 (FGS. 2 and 4) include an upwardlyextendig forward porton 22 pOsitioned between adjustermember porons 18k and pivotaly mouited on a pin 50extendig between the upper ends of adjuster member sideplat portons 18k; a lower ar slot 22b; and an upwardlyextending reard porton 22c mountig a pivot axs pin 60(FG. 3) includig portons 60 extndig lateray fromeach side face of the cam membe. Each pin porton 60a ispositioned in arcuate slots 18e and 16c of a respetiveadjuste member porton 1M and bracket poon 16b.Link 24 is pivotaly mounted at its rearard end 24 to theuppe porton 2òa of the pedar above nut 38 as, forexample, by a pi 62 and includes a cam pin 64 mounted onits forward end 24band camgly and slidaly received incam member slot 22b. Lin 24 includes a cr porton 24cto accomiodte the latera displacement of the cam platerelative to the peal ar.Cable 46 is drvigly secured to one end of the outputshaf 66a of a small elecc motor 66 (FG; 3) seured to thedash panel 14 of the vehicle between bre peal assembly10 and accelertor pedàl assembly 12.It wil be seen th eIiergation of motor ,66 results inrotation of cable 46. The rotaon of cable 46 is conver bytrmission device 42 into rota movànent of screw 40wmch in tu coacts wtti nut 38 to produce liea or slidigmovement of pedal ar,' 20 along adjuster member 18 toselectively adjust the position of pe pad 28 relative to thedrver. As the pe ai moves fore and af reiatveto theadjuster member18, th li 24 is moved fore and af tomove cam pin 64 in ea plate slot 22 so as to selectivelypivot the ea plate abut th axs of pin 50 and selectivelymove pivot axs pin 60 upwardly and downwary in algnedarcuat slots 18e, 16c so as to selectively adjust the pivotaxs of the pe ar and the adjute member as the positionof the ped ar is adjusted relatve to the adjuster member.The viuous pareters of the apparat ar pieferly 45chosen such that the movement of the pivot ax,in responseto adjustig movement of the peal ar on, the adjustemember ha the effect of maig a substatialy constatratio between the distace from th pivot axs to thepeal pad and the distace frm the pivot, axs to the 50atthment point of the braeactuon ro 48 so as tomata a substatialy unor mecJical advatage andrelÙtat feel for th bre ped assembly iiespetive of thememb,er S5adjusted position of the pe ar relative to the adjusteAcce1eor pe assembly 12 (FG.1) includes a braket70, an adjuster member 72, a pedal ar 74, and' a eamember 76. Al of the members, uness otherwise indicatedar formed of a suitale ferous maal.Brackt 70 includes a base porton 70a secued to the dahpaneltion.14 in latery space relation to the65brae peæsembly and a pai of side plate poons 70b extendigrearardly from base porton 70a in lateraly 'spac rela-Adjuste membe 72 (FG. 6) includes spaced side plateportons 72a jo~ at a reard end wal 72b. One of the5,460,0616side plate portons tla includes a forward upwardly extendingporton 72c definig an atthment flange porton 72d atits upper end for atthment of the accelerator contrl cale78. A guide pin 80 proximate the base of upstadig porton5 72c guides in an arcuate guide groove 70c in one of the baseside plate portions 70b. Each of the side plate poons 7ladefies an aruate ,generally vertcaly extndig groove 72eproxite its forward end which is vercally aligned with,and correspondig in configution to, an arcuae groove10 70d in the assocate bracket side plate porton 70b.'Peda ar 74 (FG. 10) has a hollow reaardlyopenigU-shape èonfgurtion in cross section and includes anupper porton 74a positioned between adjuster member sideplate portons tla and a lower porton 74b definig a loweris end 74c (FG. 6) for pivota or fixe athment of anaclerator peda 82. A pai of upper guide blocks84 arpivotay positioned on opposite sides of the upper porton74a of the pe ar by a pin 86 passing though the pear and a pai of lower guide blocks 88 ar pivotay20 positioned on opposite sides of the upper porton 74a of tbepeda ar by a pin 90 passing though t,e peda block. Eachupper guide block 84 defies a downwary openigU-shaped grove 84 slidably engagig th upper edge 72/(FIG. 6) of a respective adjuster membe side plate porton25 tla and each lower block 88 defies ai upwardly openingU-shaped groove 88a slidably engagig the lower edge 72g(FG. 6) of a respective adjuster member side plate porton72a. Upper and lower gude blocks 84 and RS wil be seento mount the peal an for selectve sliding fore and af30 movement along the adjuster membr, 72 to adjust theposition of the aceleraor pedal 82 relative to the drver.A plastic nut 92 (FGS. 9 and II)) is fixedly positionedbetween the space side wals 74dof the upper end of thepe ar and includes a thded b()Ie 92a theadably35 reciving a screw member 94 secured to the output shaf ofa tranmission device 96 (FG. 6) suitaly secured to one ofthe side plate portons 72a of the adjuster member andincluding a cable iIput fittg 96, Jecivig, a cable 98connecte to the other end of the output sha 66 of electrc40 motor 66 (FG. 3). Tranmission device 96 may be identica. to the trsmission device 42 of the brae pe assembly.It wil be seen tht energiaton of motor 66 provides rotacable movement to the aclertor assembly 12 which isconverd to rotar movement of screw niember 94 bytrsmission device 96 so as to move the pe an fore andaf slidably along the adjuster member to Selectively adjustthe position of accelerator peal 82 relatve to the drver.A slack taeup device 100 (FGS. 6, 7, Sand 18) ispositioned at the intersecon of the upper en 74a of thepear and the adjuster meiber. Slack taup deVice 100inèlude a braket 102 secured as by weldig to the re face74e of the ped ar immedately below the inrsection ofthe ped ar and the adjuster member, and a plastic block104 including a groove l04a receivig the ~ard end,porton 10la of brket 102 so as to position the blocl 104in underlying relation to the adjacnt porton of the adjustemember. Takeup assembly 100 fur includes a pai ofplugs 106 reeived in a pai ofvercal bore 104b in block104 and includig ratchet teeth 106a. Plugs 106 may, for60 example, be of the type avaiable frm Pen Engieenngand Manufuctg Company of Danbcro, Pa as Par No.NPPA~M5. Followig the a&Stmbly of the pe ar to theadjuste member to mount the pedi ar slidably on theadjuster membr, plugs 106 are inert upwary though, bores 1,06a until the upper ends 106b of the pl\lgs engage thelower edges 72g of the sidear portnns tla of the adjustrmembe so as to tae up slack in the pe an,and adjuste

7. 85,460,061side pla portons 72afactate th slidi movemt of the ped armember at the intersecon of the pe ar and adjuste statialy rigidify the adjuste member so as to fiedymembe, 'and preclude invernt anguar movemeiìt manta the lateral spacg betweebetween the ped an and th adjuste member so as to and threby. elite rattle in the ped asembly and provide a fi along the ¡ijuster member.solid feel for the drver's foot agait the aclerar peda 5 The busg assemly 120 sen in FIGS. 1217 is suitable82. The plugs 106 wil be undtod to rigidly mai the for use with eith the br contl pe assembly of thposition to which they are moved to ta up the slac by invention Or the aclerat contl pe assembly of thevie of the slidig engagemet of th rahet teeth l06a .' ilof the bores l04b of the invenon bra but ped is assely. ustr in th Th FIGUR bushig assembly in associon is, 10 intended to provide a rey an' convennt me of pro-Ca member 76 (FGS. 6 and 10) includes a pivot porton vidig ana maintaining th prope spacg between thewith the adjacent plastic mablock., with th700 passing a pivot pi 10S -extndig between gude, repeve brket porton16bandadjustememberportonsmembe side plate porons 72a soas to pivotay mount the lSd so as to potively moui the ca memb rearea pla on the adjuste meber a forwar poon 76b porton 22c on the pivot ax and prlude unesired laram0iitig a pivot axs pin 110 inudig latray extendg 15 migration of the ea member durg opetion of theportons 110a respecvely sldably mounte in algned slots70d, 72e of the adjuste member an brcke; and a lower adjuster mec~. --porton 76c defug, an, ar slot 76d. Lower ea plate Bushig assembly 120 includes a fi bushig memberporton 76c is 'positioned beeen the spac side wals 74d 12 and a send busg meer 12 which coact in theirof the pe ar with a cam pivot pin 112 moun 1n the 20 assembled relatn to mai the . braket and adjuste andpedal ar sid plate portons 74d passing though th _slot member portons 16bl1Sd in positive spaced relaton76dfor camg coaction with the slot Spacer 114,mai- defie the pivot ax for th ea meer 22.tain the lower porton 76c of the ea member in a central First bushig memb 12 includ a centr porton 122aposition between the side wals 74d of the ped ar. of cicu cross section defig a centr axs 126 anIn the operon of the inventon aclerr ped assem- '2S having a diamet approxiatg th trsvers width of thebly, upon enerzation of motor 66, cable 98 is rotated to slot 16c in brket porton 16b; an inboard porton 122b,deliver a rota cable movemet to -th acleror peal connecte to th inboend of centr porton 122a, ofassembly which is conver to rota movement of screw generly reguar' confguron it havig a majormemb 94 by trsmission device 96. As scw memb 94 diametc dimension exceg the width of slot 16c and ais rotaed, the screw membe co with nut 92 to move the 30 mior diamtrc dinsoI less th- the width of slot 16c;peda ar selectively fore and af along the adjuste membe an outboard poron12 of geny cilar confguonto selecvely adjust th position of th~ acleror pe82 and havig a diamtrc dienion ~ceg the widt ofrelave to the drver. As i1peal àm moves fore an af slot 16c and ûiludig an axyinwary extdig lockgrelatve to the' adjuste member, eam pm 11 rides in cam ta porton 122d. Locki ta porton 122 is formed on anmember slot 76dto pivot the ea plate 76 about the axs of 35 ecentrc porton 122e of t1e outbard porton. is sized to fitpin 10S and selectvely adjust th position of pivot axs pin loosely in slot 16c, and is joined to th ma body of110 in slots 72e iüd 70J so as to selecvely adjust th outboard porton 122c 'by a th web porton 1221 so as toposition of the pivot axs of th pedmembr. The parete ofar and the adjuster mount the lockig ta porton,122 for flexing movement inthe varous-elements 'are selecte an axal diection relative to the main body of the outbardsU,ch th a substaaly fi i'o is mataed beeen 40 porton. 'the ditace frm ,the pivot lX 110 to the peal pad 82 and Firt bushig member 12 fuer iilude a pivot ,shth athmt poin porton 12g eiqndig axy inard frm inbo porton 'the distace frm th pivot axs 110 toof the acleror çale 7S iipeçve of th position of 122b along' cetr ax 12. Pivot sba poon 12g ha aadjusent of the ¡i8ion the adjus~membe so as to ciar confg1onand ha a diteapxiatg thmantan a substay consta mehacal advage an 45 width of the slpt lSe in adjuste'membe portons 18dfeel for the acler pe iipectiveof th postion of Secnd bushig - membe 12 include a cetr portontheped ar 12a of ciar crs seon havig a diete aproxi-The accel~or pe assembly 12 fuerinclude ' a matg the trsvere widt of slots 16c; an inboar portoncover assembly 116 (FGS.- 9 an 11) of inver U con- 12b, connecte to the inboar eOO of een porton l2conguon and havig a majorfiguoIL Ct)ver as~mbiyi,6is for fr a pa of so of geniay rearof Slot 16c and acover,memb US s~ together as by rivetig or oth : diametrc dision cxg th widthslot 16c;mea along thir upp edges 118ain overyig relon to mior dic ~ion les th th widt ofthe adjuste membe. Ea rover memb 118 fi and an outbar poon U4 havig angenery ciarinlues 'a sk' porton' 11Sb exnd dOWJwary, in lXnfguonan havi a di diension excegspac rclationalong a respve side fa of th adjuste $5 th with of slot 16c an inudg, an axy inwardlymemer and includig an in poon 11Sb ñVeor exndg lockig taporton 12 pOsitioned iay outothisefiedyir to th repective outard fa of wardly of ce porton 12.Log ta poon,l2 isan adjustemeinersid pla poron 72a.Ea cover prvide on an ectrc poon 12e of ouard poonmeber 11S tenate in a lower poon 11exndig 124c and is connct to themi bOy ofouLbòard poonallow the lockigdownwardly toil loèaon proxi the lower fac oflower 60 12c by a th web poron 121 so as toguide block 88. Cover assembly 116wi be se to fit over ta toficx ,axy reatve to th ma boy of th, outbaraid strade the adjuter mebe side pla poons 70a and portonth gude bloc 84,SS SOti to ptic the slidig ,in Fir busg meincr 12 is passed thugh slots 16c,betwi:n the ped an an the adjUte membr agt, lBe of th righthadjuter me and brkepoonsabives, co~tatsan ,th li.Coverasseinly 116 .65 (as viewed in FIG. 13) mb9at end~t with the_ major, ñi, br VI of the'~ connon to th ii diion of th inar en po 12 in longtudipla portons 72a oftb ,adJuste me,sees to sub- algrnt with th alt 1fie topotion thejnboar end

5,460,0619porton inboard of the slot 16c, position the centr porton122a in the slot 16c, position th outboar end porton 122doutboard of the slot 16c, and position the locking ta porton122d resilently against the outboard face of the bracketporton 16b trsversely of the slot 16c, whereafer the Sbushig member 120 may be rotad about the axs 126 toposition the major dimension of the inboard poon 122btrverely of the slot 16c to preclude withdrwal of thebushing membe frm the slot and move lockig ta porton122d snappingly into the slot 16c to prelude relU rotation 10of the bushig member. Pivot shaf porton'122g extendsthugh slot 18e in nghthand adjuster member lSd, thoughan apert in ea member 22, and though the slot 18e inthe lettand adjuster m~niber 1MSecond bushig .member 124 is passèd though the slot 1516c in the leftaid brcket porton 16b (as viewed in FIG.13) inboard end porton fist With the major dimension of theinboard end porton 124b in longitudial alignent with theslot 166 to position the inboard end porton inboar of theslot 16c, position the cent poron 124 in the slot, 20posit:on tiie outl:;:a.-= end portor, 1lAc outboard of the slot,and position the locking tab porton12d resilently againstthe outboar fac of the leftand bracket porton 16b trsverselyof the slot 16c, whereafer the bushig member maybe rotated about axs 126'to position the major diension of 25the inboard porton 124 trsverely of the slot 16c topreclude withdrawal of the bushig member from the slotand move !ociångta porton 124b snappingly into the slot16c to preclude re rotation ofthe bushig member. Asth.bushing member 12 is moved inboard though slot .16c 30an inboar bore 12g pass,es'over the free end 122h of pivotsh porton 122g of b~hig member 122 to telescopicalyarge the first ard seCnd bushig members.lI their instaied and rotaed positions, inboar porton124b of send bushg member 12 Serves as a spacr 35betweenthe leftand bracket porton 16b and the leftdadjuster member pòrton lSd and inboard porton 122b offit bushig meniber 122 serves as a spacer between therighthand brket Wrton 16b and the righthdadjustermember porton 13d so that thè assembled bushig membe 40122 and 124 coact to positively and precsely space the leftand right bracke portons and adjuster member portons,and pivot shaf porton 122g of fi bushig membe 12defies th pivot shaf to reve and pivot ea memb 22.Furer wasers or buShigs 130 ar positioii on opposite 45, side fac of the ea membr 22 on pivot shaf porton 122gto space the ea membe 22 frm thè repecve adjustermembe portons lSd. The -bushing assembly 120 will beseen to provide a res.yand easily intaled meas ofproperly spacng thebrket portons andtheàdjusier mem- sober poons to preclude Uidesired lateral migrtion of theea mèmber durngòpetion of the appartus.Wherea prferred embodents' of the invention havebeen ilustrd and descrbed in deta, it wi,be apparentthat vanous changes may be nle in the disclose embo- S5mets ,without deparg frm the scope or spirt of the, invention.We clai1. An adjustable control peda appars for a motor'vehcle comprsiiig an ;ijuste member definig a mountig 60ped ,ar member defug a mountporton and aportion mounted for slidigmovemeiit alongsaid adjuster 'member mountig porton and deligan interstion withsad adjuster membe, porton, chactenze in that theappartus fuer'includes a slacktaeup assebly posi- '6Stioned at s3id inteection and operve to preclude relatveaIgular movement betweèn said memb at s¡ud inters-10tion, said slack taeup assembly includig a block positionedat said intersection and a plurality of plug membersmounte in said block and extendig beyond said block toengage a face of said adjuster member porton.2. An appartus accrdig to clai 1 wherein said blockincludes a plurty of generly verca though bores andsaid plugs ar inertd upwary into said bores to press theupper ends of the plugs against the face of the adjustermember porton.3. An adjustale control ped appartus. for a motorvehicle COmprsing an adjuste inembe defig a mountingporton and a ped ar member defining a mountigporton mounte for slidig movement along said adjustermember mounting porton and definig an interection withsaid adjuser member porton, charctenzed in tht theappars fuer includes a slack taeup assembly positionedat said intersection and opetive to preclude relativeanguar movement between said membs at said intersection,said slack taeup assembly including a lever pivotaymounte on said pe ar member porton proxie saidinter$cction and including it portor; engagin; 2.'1 aèjac::iÌtface of said adjuster membe porton, and means operativeto matain said lever porton in contat with said adjustermembe porton face.4. An appartus acrdig to claim 3 wherein said meanscompnses a screw paSsing thugh a theaded bore in saidlever and includig a free end engagig a face of said pedaar membe porton.5. An adjustale control peal appatu for a motorvehicle' c9mpnsing an adjuster member, a pedal armounted for slding moveinnt on said adjuster membe, andmeas operative in response to siidig movement of thepeda ar on the adjuster member to adjust the pivot axs ofthe contrl peal appartu, chartenz in that said measincludes a ea member, a pivot ax pin mounted on sadcar mebe and definig the pivot axs of the control pedalappars, and an elongated link extendig in the ditionof slidigmovement of the pe ar, pivotay connectedat one end to said pedal ar, and camgly cOactig at itsother end with said ea member.6. An adjustable cootrlpeal appartus for motor vehiclecompnsg: 'a genery honzontaly extendig adjuster member;a geney vercay extendig pec1 ar slidablymounted ontheKdjuste member and extendig downwardlyfrom the adjuster membea ea membe-pivote on the adjuster membe andincludig a slottotày bounded by said Cam memberan ,a pivot, axs pin defining the pivot axs of theadjuster member an pe ar ana ea pin mounte on said ped ar benea the adjustemember, receved in said slot, ánd opertive,in re~ponseto slidig movement of sadpeal ar on said adjustermember to pivot sad car member on said adjustermember and adjust th position of sadpivot axs' pinan thereby of said pivot of th adjuste membe andpe ar7. An adjustale control pedal appartu Jor a motorvehicle compning an adjuster member, a pe armounted for slidig movement on said adjuster member, anmea operative in reponse to slidig movement ' of thepeda ar on the adjuste niemer to adjiit the pivot axs ofth control pe appar, chacted in that said meaninclude a ea memb, a pivot axs pin mouoteon saidcar member ánd defigthe pivot axs of the control pedappars, and a lüi connected at one'eiidtó said ped arand cangly eoactigat itiother end withsaid Ga

11member, said car member being pivotaly mounte on the5,460,061adjuster member, said one end of said lin being pivotalymounted on said pedal ar said other end of said link beingrecived in a slot in said ea member, and said pivot axs pinbeing received in a slot in said adjuster member. 58. An adjustable control pedal appars for a motorvehicle compnsing:an adjuster member;a ped anslidably mounted on the adjuster member; 10a cam: member pivoted on the adjuster member andincludig a slot and a pivot axs pin defing the pivotax' of the adjuster member and peda an;a ca pin recived in said slot and operative in responseto slidig movement of said pedal an on said adjuster 15member to pivot said car member on said adjustermember and adjust the position of said pivot axs pinand therby of said pivot ax of the adjuste memberand pedal ar; anda lin pivotaly mounted at one end on said pedal ar 20sad car pin being mounted on the other end of said_link.9. An adjustable control pedal appars for a motorvehicle comprising:an adjuster member adapted to be pivotay mounted 25relative to the vehicle body strctue and definig a paiof lateraly' spaced elongate generay horizontallyextendig side plates;, a p~da an includig a lower porton mounting a control 30ped and an upper porton positioned between saidadjuster member side plat and defig lateralyspaced generly' vertcaly extendig side walsextending downwardly frm said adjuster member;a nut positioned betw~ii.,said laterally spac side wals 35and inludig a theaded bore for theaed coactionwith a screw drve nimber;an upper pai of guide blocks positioned on opposite sidesof said pedal an upper porton and respectively slid-said adjuster memberably engaging the upper edges ofside plate;12a lower pai of guide blocks positioned on opposite sides" of said peda an upper porton and respectively slidablyengagig the lower edges of said aqjuster memberside plates;a car member cag a pivot axs pin defining a pivotaxs of the appars and defig a ca slot; anda car pin extending between the side wals of the pedan beneath the nut and positioned slidably in said slot10. An adjustale control pedal apparat for a motorvehicle comprising:an adjuster member adapted to be pivotay mountedrelative to the velucle body strctue iid definig a paiof lateraly spaced elongated side plates;a pedal an includig a lower porton mountig a controlpeal and an upper porton positioned between saidadjuster member side plats and defig lateralyspaced side wals;a nut positioned between said lateray spaced side walsand includig a theaded bore for theaded coactionwith a scrw drve member;an upper: pm ofguiCle blocks positioned on opposite sidesof said pedal an upper porton and r:espetively sldablyengagig the upper edges of said adjuster ipemberside plates;a lower pair of gude blocks positioned on opposite sidesof said pedal ar upper porton and respetively slidablyengaging the lower edges of said adjuster memberside plates; anda cover of invert U-configurtion fitt over and straddlingsaid adjuster member side plates, whereby toprotet the slidig' interface of said guide 'blocks andsaid side plates, and including portons fixedy secedto the respective outboard face of sad side plates,whereby to rigidi said adjuster member., '*****"-

PATENT NO. :DATEDJNVENTOA(S) : ,UNITD STATES PATENT AND TRADEMARK OFFICECERTIFICATE OF -CORRECTION5,460,061October 24, 1995Harry Redding, Christopher BortolonIt is certified thaI error appears in the above-indentified patent and that said Letters Patent is herebycorrected as shown below:Column 3, Line 39, insert paragraph --FIG. 18 is a detailedview of the accelerator control pedal assembly.--Column 5, Line 3, delete 1f52b" and insert --52c--.Colum 5, Line 16, n (FIG. 3) n should benot before "including".before "extending"Column 9, Line 19, delete If 166" and insert --16C--.Siged and Sealed thisSeyentl Day of ~lay. 199AUt Sf:L~BKCCE LE~A:oArresting OfctrCttllllU.1.inl'"t' fl' Pcir,."" ,md TruJ('tfc.rh

mx::0-;:(J

United States Patent (19)Smith et ala(11) Patent Number:(45) ,Date of Patent:5,063,811Nov. 12, 1991(54) ACCEERATOR PEDAL ASSEMBLY(75) Inventors: Ronald A. Smith, Milford; Joseph M.Pace, Livonia, both of Mich.(73) Assignee: Ford Motor Company, Dearborn,Mich.(21)(22)(51)(52)(58)Appl. No.: 550,257Filed: Jut 9, 1990Int. CI.s ........................ G05G 1/14; F02D 41/10U.s. CI. ................................... 74/513; 200/61.89;338/153Field of Search ............... 74/513,482; 200/61.89,200/86.5; 338/153(56) References CitedU.S. PATENT DOCUMENTS3,388,611 6/1968 Clary et al. .......................... 74/5133.630,326 1211971 Kawaguchi ....._................. 19213 S3,641,837 211972 Dean Jr. .............................. 74/5133,695,379 10/1972 Veileux ...................... 200/61.89 X3,857,304 1211974 Berndt .................................. 74/8774,087,776 5/1978 Donato ............................ 74/513 X4,297;550 10/1981 Leighton ......................... 200/61.894,335,689 6/1982 Abe et aI. .......................... 123/3394,703.823 11/1987 Yogo et aL. ......................... 180/1974,718,380 1/1988 Katayose et aI. .................. 123/3994;727,838 3/1988 Oshiage et al. .................... 123/3614.802,381 211989 Hsin-Hsin ............................ 74/5134.831.985 5/1989 Mabee et al. ...................... 123/3994,875.385 10/1989 Siirin ................................. 74/513 X4,883,037 11/1989 Mabee et ala ....................... 123/3994.944,269 7/1990 1moehl .............................. 74/513 X4.958,607 10/1990 Lundberg .......................:. 74/513 X4,976.166 12/1990 Davi et ala ..................... 338/153 XPrimary Examiner-Allan D. HernnannAssistant Examiner-Julie KrolikowskiAttorney, Agent. or Finn-Jerome R. Drouilard; RogerL. May(57) ABSTClAn electronic accelerator pedal asembly for vehiclesincludinga base bracket a,pted to bè secured to thefloor pan and having an upper housing fixedly supportingthe associated electronic componentry indicatingacclerator pedal position. including the output winngfree' from the hostie environment zone beneath theaccelerator pedal. The accelerator pedal is hingedlyconnected to the basic bracket member at a lower endand rotatably and slidably coupled to a spnng biasedfollower member at its upper end by a jointly radiatingcoupling, and the follower member tranmits pedaltrvel to the electronic componentry and includes astop member for retaning the accelerator pedal in idleposition.11 Clai,S Drawig Sheets4272

, u.s. Patent Nov. 12, 1991 Sheet 1 of 5 ' 5,063,811"//2o//4fFio -I605854/0.//24

. u.s. Patent Nov. 12, 1991 Sheet 2 of 5- 5,063,811/" -- 44272¡Fig -2

. u.s. Patent Nov. 12, 1991 Sheet 3 of 5 5,063,811 '//0 ~L lß 2630~lFig-332100

, u.s. Patent Nov. 12, 1991 Sheet 4 of 5 5,063,81173''''lFia - 4 . J(..,.;; 322672lFig-574(: .,,/, .~,'

, u.s. Patent Nov. 12, 1991 Sheet 5 of 5 5,063,8112/8fFig-6248200/2268l-/Fig -7222 274280222fFg-8262 264258262

1ACCELERATOR PEDAL ASSEMBLYTECHNICAL FIELDThe present invention relates to accelerator pedalassemblies, and more particularly to a floor panmounted electronic accelerator peda assembly for vehicles.5,063,811BACKGROUND OF THE INVENTION-Until recent years, the conventional accelerator pedalasembly was mechanical in nature in that the positionof the accelerator peda was transferred by mechancalmeas to the 'engine thottle control. This mechanicamean is usually in the form of mechanical linages and 15cables.More recently, with the advent of fuel injectionandmore sophiticated and precisely tuned fuel controlsystems, electronic controls have come into popular userather than mechanica controls. With this has been the 20adaptation of the electronic accelerator pedal asemblieswhich iIiclude an electronic device for indicatingthe pèdal position from its idle position to the fully wideopen throttle position. Typical or such assemblies arethose shown in U.S. Pat Nos. 4,335,689; 4,718,380; 254,727,838; 4.831,985; and 4,883,037.However, while such systems may allow more precisecontrol of engine operating parameters, the electroniccomponentry is more delicate than the predecessormechanical components, and must be protected by 30changes in the overal design concept for the accelera- FIG. 1 is a side elevation view of2nent indiCting pedal position, thereby providing (i~ ,aprogressive pedal effort without any momenta increasor decreases in voltage output; and (ii) an assemblywhich wil provide the same amount of fuel for a5 given pedal input regardless of pedal position.The invention also contemplates an accelerator pedalasembly which can be installed as a preadj¡isted completeunit involvig minimum installation effort andbeing completely compatible with or as a replacement10 for exiting peda asemblies.Furher, tbe invention' contemplates an acceleratorpedal assembly having a minimum number of distinctlyseparate and serViceable units, whereby service workca be pedormed quickly and conveniently' on anyoneof the units without disturbing the installation of theremaining units.Also, the invention contemplates providing the accelerator'pedal assembly with an optional pedal bladewhich can interact with mechanical components outsideof the vehicle cab. The motion of the blade canoperate, or be operated by, the same components as thepnma accelertor systein.The above objects and other objects, features, andadvantages 'of the present invention wil be readily apparentfrom the following detailed descnption of thebest mode for carryig out the invention when taken inconjunction with the accompanying drawings.BRIF DESCRIPTON Of THE DRAWINGSthe electronic acceltorpedal assembly. erator pedal assembly in accordance with the presntSpecificaly, the wirg to the electrica components invention;2 is a perspective view of the electronic acceler-must be secure from the possibilty of chafing which FIG.wil eventully result in elecmcal failure. Thus, the 35 ator pedl asembly in accordance with the presentpedal asemblies must not precipitate any motion in the invention and showing the same at the idle position;connectig wires themselves, such as shown in the elec- FIG. 3 is an exploded view of the top portion of thetronic pedal assebly of U.S. Pat. No. 4,883,037. Fur- accelerator pedlassembly in accordance with the presther,one must take care tht the electncal components ent invention'of the assembly are placed outside or the hostile e~vi- 40 FIG. 4 is å sectionà view taen substatially alongronient zone lying between the operator's foot orthe lies 4- of FIG. 2; ,accel~rato~ peal and the floor pan of the vehicle. This FIG. 5 is a side elevation view of the top porton ofzone.is subjected to, the substances .the oper~tor m.ayget the àccelerator pedal assembly illustrating the actuationon hi or her shoes such as ga, oil, sat, dirt acid and of the idle valdation switch in accordance with thethe ~ike. . '. 45 present invention;..LikeWle, niere is a need for a. pedal assemb!y ~e- ,FIG. 6 is a side elevation view of the' electronic accel-eaily In- eratoI' peda asembly in accordace with an alternativesigned ~a S1ngl~ compon~~t whic~ ca bestaledm, the vehi?le as o~gial equipment ~r lI ~ re- emboiment ofplacement for orlg¡al equipment and one whih is itslf FIG 7' Ia' f FIGthe present invention;6 h . . rt" cross-see 0 view, e po.en ,iome er mpu s asSUMMARY OF TH INVNTION received within the potentiometer; andservceble in bäsic modules or component par. 50 ' tie isnaa p , . VlthCW 0.' t:- St o":ing tm hPafa tThe ,present invention is designed to servce theabove-mentioned needs.The present invention' contemplates an electronic 55pedal asembly wherein thè electnca components arelOcted outside tifthe hostie envionment zone beneaththe acceierator peda.The inveition further conteInplates an electronicaccelerator pedal assembly wherein the electnca wir- 60irig extending between the electrca components on thepedal assebly to the ma wig haress of the vehicleare not caused to move relative to the vehicle cab duringpedal actuation.The inveIition' further, contemplates an electronic 65accelerator peal asembly including mean establishinga relationship 'between the rotation or the acceleratorpedal and, the voltage outpuiof the electnca compo-FIG. 8 is an exploded expanded View or the potentiometerinput 'shaft and the potentiometer soket memberwith which it is received, as viewed generally inthe direction oflines8-8'ofFIG. 7. 'BEST MODE FOR CARYING OUT THINVENTIONThe electronic 'accelerator pedal assembly pedormsthe acCelerator control function for avehicle built withan, onboard computer fequirig' pedal position input.is used to operatè electronically controlledand in some cas, transmissions.The asembly as seen in FIGS. 1 and 2 is adapted toThs inputenginesmountinto the vehicle in place of ,an existing acceleratorpedal or as onginal equipment. To the driver or'opera:tor,itwil'operàte in' the' same manner as any

5,063,8113-cønventional accele,rat~r peal assembly, having ,thesame feel and basically functioning in the same ,manner,The general assembly of the accelerator pedal assemblywithin a vehicle cab is best shown in FIGS. 1 and 2.The accelerator pedal assembly, generally designated 510, is adapted to be mounted to the floor of the vehiclecab. The lower portion is mounted to the floor pan .1by several bolts 14. Likewise, at its upper end, it issecured by 'several bolts 16 to that part of the floorwhich is normally referred to as the toe board 18.The accelerator pedal assembly includes a base,bracket member 20, an accelerator pedal 22 hingedlyconnected by hinge pin 24 to the lower portion of thebase bracket member, an upper housing portion 26which is part of the base bracket member and includes IScertan electrical components affxed thereto includinga potentiometer 28 and an idle validation switch 30, andan oscilating follower member 32 pivotally connected'to the free end of the accelerator pedal for translatingthe motion of the accelerator pedal to the electrical 20components 28 and 30.More specificaly, it is seen that the base bracketmember 20 is in the form of an elongated plate member.-It includes a lower portion 34 which is generally horizontalto the floor pan 12, and an upper porton 36 25arranged generally vertically. At the midpoint of thebase bracket member 20, which is generally at thejunctureof the upper and lower portions thereof, there islocated a stop member 38 which projects upwardly inthe direction of the accelerator pedal 22 and acts as a 30stop for the accelerator pedal representing the wideopen-throttleposition. At the extreme upper end of the "base bracket membe, the housing portion 26 is formedby two laterally spaced and outwardly projecting walls40 and 42. Each of the Walls include a flange 44,46, 35respectively, at the free end thereof which is stepped at,its lower portion as seen best in FIG. 3 to form a stopshoulder 48,50, respectively, described in detail below.The accelerator peal 22 includes a hinge 24 at itslower end, allowing it to be fixed toa hinge plate 52 40'which in turn is affxed to the bas bracket member bythe sae bolt 14 affxing the bas bracket member tò thefloor pan. Oii the undersde of the accelerator pedal,there is secured a flat plate, member 54 extending be, yond the pedal portion of the accelerator pedal and 45providing a coupling member 56 for coupling the angularmovement of the acclerator pedal with that ofoscilating follower membe 32 which in turn controlsthe position ofthe rotar input shaft 70 received withpotentiometer 28. " 50The' couplingmember includes a laterally extendingplate portiori 58 and a flange portion 60 extending therefromin thé direction of the nasebracket member 20.The laterally éxtendÌiig porton 58 is curved generallyalong an axs parallel to tht of hinge pin 24. The con- '55cave underside thereof provides a carsurface Iii upon'which a ear follower in the, form of a roller 66 isadapted to ride. The flange 60 .includes a generallycurved slot 68 to allow a means for fixing the follower32 tothe coupling. tíLoking parcularly at FIGS. 3, 4 and 5, the housing'portion 26 of the base bracket member is adapted toretan a rot3. potentiometer 28 ön the outboard side ofone wall member 40 and an idle validation switch 30 onthe outboard side of the other wall 42. Each of the walls 65is bored alòng a, lateral axis to support arotary inputmeans are provided onshaft 70 on. bearings'SO. Suitablethe shaft 7¡Hor keying it,to the rotary input shaft of the4r.otary potentiometer 28; and to the oscillating followermember 32 and to an actuating lever 72 located in proxinlityto the idle validation switch and adapted to engagea trip lever 73 when in the idle position. For thispurpose, the rotary shaft can be flattened throughout itslength on a minor arc portion of its circumference asshown at 74 in FIGS. 4 and 5. In this way, the shaft iskeyed to the follower member 32 and actuating lever72, each of which includes a correspondingly shaped10 slot 76 and 78, respectively. Likewise, bearings 80which support the input shaft on walls 40,42 include aninner race member 82 having a correspondingly shapedslot 84.The manner in which the input shaft 70 is keyed tothe potentiometer 28 is explained below in connectionwith FIGS. 7 and 8.The oscilating follower member 32 is located withinthe housing portion 26 and is supported by and adaptedto pivot about the rotary shaft 70. The follower memberincludes a laterally extending stop member 86.As seen- best in FIG. 4, the follower member 32 is, adapted' to be biased by a torsion coil spring 88 in aposition shown in phantom Jinein FIG. 4 which representsthe idle ,position of the accelerator pedaL. Tne stopmember 86 wil abut at both walls with stop shoulders48,50 formed in flanges 44 and 46, respectively. Thepreferred coil spring as seen in FIG. 3 is known as a"harpin" spring. It includes an intermediate portion 90between respective coils 92,94 and ends 96,98. It functionsas a dual spring. If one-half should break, the remaininghalf provides a back-up and continues to function.As seen, the coil spring is adapted to bear againstthe housing portion at intermediate portion 36 andagainst the stop member 86 at its ends 96,98.At its opposite end, the oscilating follower member32 includes a pin ioo having a roller 66 rotationallymounted thereon., The pin rides within an arcuate slot68 formed in the flange portion 60. It is held within theslot by any suitable means such ,as washer 106 and cotterpin 108 as shown.As noted below, the securing of pin 100 within slot 68also serves to preclude undesirable spring back of theaccelerator pedal 22 when the operator _may abruptlyreleas the pedaL. Thus, the pedal 22 is restrained totraverse only the arc designated 116 in FIG. 1 betweenthe idle and wide open throttle positions. At the sal1etime, the roller 66 wil be against the ea surface 62 ofthè accelerator pedal member.It wil be noted that the rota potentiometer 28 issecurely fixed to the housing portion 26. Thus, regaidlessof the movement of the accelerator pedal, the rotarypotentiometer will remain fixed in position~ Thewire 110 which transmits the electrical output of thepotentiometer to alikewise remain in' a fixed position. Thus,electrical wiringcontrol means (not shown), wilthe ' entireassembly from the potentiometer 28 tothe main wig harness 112 within the dash supportstructure 114 as seen in FIG. i wil remain in a station-, ary position and be free from chafng and other conditionscausing, wear and premature failure:As an optional feature, the accelerator pedal caninclude a secondary pedal blade 120 fixed to the undersideof the accelerator pedal and extending through aportion of the base bracket member and the floor pan atan opening 122, to a terIninal position outside the vehiclecab. At its opposite end. the secondary peal blade canbe affxed to a control rod 124. Upon actuation of thepedal from the 'idle position- as shown in solid line in

565,063,811FIG. 1 to the wide-open-throttle position as represented computerized control (not shown) that there is a malinphantom line in FIG. I, the secondary peçlal blade function or a concern to be acted upon.wil translate the control rod 124 over an axial travel . The follower member 220 comprises a pair of annspath indicated at 126. The control rod 124 as controlled 266 and 268. Each is connected to the other as a rigidby the secondary pedal blade can either operate or be 5 structure by pins 270. At one end of the follower memoperatedby mechanism components outside the vehicle bers, 'there is provided a car follower in the fonn of acab, e.g., mechanically modulated automatic transmis- roller 272 rotatably mounted on a pin 274 which extendssions. though the slot 234 of accelerator pedal flange 230.In FIGS. 6-8, there is shown an alternative embodi- The cam follower bers against earn surface 232 in thement to the accelerator pedal assembly. 10 same manner as described previously in connectionThe accelerator pedal assembly 200 includes with the embodiment shown in FIGS. 1-5.sae basiC components, namely, an accelerator pedal The follower member 220 is spring biased by torsion210, a base bracket member 212 having a housing por- coil spring 276 in the idle position as shown in solid line276 istion 214 with a rotay potentiometer 216 and idle vali~ in FIG. 6. For purposes of clarty, the springdation switch 218 mounted thereon, and a spnng biaed 15 omitted from FIG. 7. A pin 278 extends from wall 250follower member 220 rotatably supported on apotenti- to wall 280 of the housing and acts as a stop memberometer input shaft 222 at one end and coupled to the against which the top side ofthe anns 266,268 wil bearaccelerator pedal 210 at its other end. as seen in FIG. 6. One ann member 266 includes at itsThe accelerator peda 210 has a single rubber covered opposite end an elongated actuating lever 280 whichplate member 224 having a hinge 226 at its lower end 20 engages the idle validation switch in the same manner asand a coupling member 228 at its upper end. Laterally lever 72 of the earlier described embodiment.extendif!g' plate portion 230 includes a earn surface 232 Other than the foregoing, the embodiment shown inat its underside. However, unlike the embodiInents FIGS. 6-8 is the same as that shown in the earlier deshoVv"nin FIGS. j-S, the carn surface is flat rather than scribed embodiment and the operation is also the samearcuate, and the slot 234 is linea rather than arcuate. 25 as that to be described in connection with the first em-With the present arrgement, the deviation in the rota- bodiment.tion of the follower member 220 as a linear relationship In operation, the driver applies pressure to the pedato the rotation of accelerator pedal 210 is electronically 22 and fori; it against the bias of spring 88 towardsadjusted by a suitable control circuit. wide-open-throttle to accelerate, then releases the pres-The base bracket member 212 comprises a lower 30 sure to allow the pedal to return toward idle, causingportion 236 formed as a stamping and an upper portion the vehicle to' slow down. As the driver pushes the238 formed as a casting. The two members, may be 'pedal down, the cam surface 62 forces rotation of themember 32 to whichsecured to one another by the sae bolt 24 securng cam follower 66 and the followerthe assembly to the toe board. Secured to the lower it is pinned. When the driver removes the pedal presmember236 at the intennediate portion of the base 35 sure,. the followermember 32, being spring loaded,bracket member is a stop member 242 in the fonn of a rotates back to the idle position, forcing the pedal backthreaded bolt 24 having a rubber head 24 andthread- to its idle position. Each oscilation of thet'olloweringly recived within nut member 24 which is affxed member causes rotation of the potentiometer input shaftto the lower member 236. The height of stop member 70 which drves the electricalpedal position indicating242 may be adjusted by turning it relative to the nut 24. 40 components 28 and 30 of the asembly.Looking at the housing portion 214, the potentiome- Rotation of the input shaft 70 rotates the resistiveter 216 is, secured to the outboard side of wall 250 element of the potentiometer, varng the output voltthereofwhile the idle validation switch 218 is secured iige leveL. The eomputer then reads the voltage level,on the interior side of the same wall 250. compares this with stored infonnation correlating volt-As shown paricularly in FIGS. 7 and 8, the input 4S age level and pedal position, and detennines the pedalshaft 222 is received within the potentiometer 216 and position.iicludes an elongated, rectangularly cross-sectioned tab ine design of most software logic requires the use of252 at its end. The iabis designed to slidingly interft an idle validation switch 30. The switch is' actuated byinput shat 70 as the pedalwithina'slot 256 formed by appoitely disposed'quad- ,trp lever 73 on the rotatingrat sectors 258 on the input member of the potentiome- SO leaves or teturn to 'the idle position. The changig stateter. Eåch quadrant sector 258 has a dñving race 260.' of the switch is monitored by the computer, and com-:Between the quadrant sectors is an open quadrat sec- pared'ta the signal from the potentiometer. Th comtion262. In operation, the input member 264 is driven in parsen is used as a protective measure against potentithediectionofthe arow as the pedal moves from the, ometet inalrunètion. ', idle position to the wide open throttle' position. The 55 ' Torsionspñng 88 returns the pedal back to the idledñven input member is sprig biased in' a dirècon ' positionand provides resistance to the pressure exertedopposite that of the arrow. As ,a saety feature, should by the drver's foot. When the operator reduces thethe input member 264 fail to, return to the idle position, pedal force, the torque from, the spring' acting on thebackthe open qiadrantsection 262 wil allow the input sha' 'follower member 32 rotates the follower and pedal222 to rotate 90°; which is suffcient to allow it to'retil 60 to idle. The spring provides a reSistance to pedal rotatothe idle position, thereby precluding what might tionby pushing the pedal back agaist the driver's foot.otherwise be a possibilty thatthe input shaft and thus Th r~stance increases as the pedal rotateS towardsthe accelerator, pedal asembly, would be held in an side open throttle position requiring the driver to applyopen throttle, position; Thus, the accelerator pedal ,as- an increasing amount of pedal effortsembIy remains operationaL. The idle validation switch 6S The motion of the pedal is constrained at the widewil indicate &hatthè accelerator pedal is iIi the idle open throttle position and the idle position by the baseposition wherea the potentiometer wil ,indicate that it briiçket member 20. When the pedal reaches the wideis in an open throttle position, thus indièatlngto the ,open throttle posttion, it' is halted, by the, wide open

785,063,811throttle.stop 38 which will support any additional force a rotary shaft member extending between said wallthe operator applies without allowing furtner pedal members and supported by said wall members, saidrotation. As the follower returns, its motion is halted by rotary shaft member having opposed end portionsthe idle stop 86 on the base bracket housing portion 26. which'laterally extend beyond sad wall members;Since the cam follower is connected to the pedal by pin 5 said rotary potentiometer being secured to one saidlOa, the follower member 32 prevents the pedal from wall member and coupled to one end of said rotarygoing past the idle position when the follower member shaft member; and32 is stopped. an idle validation switt:h meas being secùred to oneThroughout operation, the electrical components 28 said wall member, said rotary shaft member carryand30 are elevated froii ,and isolated from the travel 10 ing trip means to activate said idle validationpath or environmental area ofthe accelerator pedal and switch means only when said acceleration pedal isthus remain free of containation by dirt, moisture and in said idle position.the like. Since the uppe housing portion 26 remains 4. The invention of claim 3 wherein said potentiomerigidthroughout pedal operation and is otherwise re- ter includes a driven member operatively engaged bymoved from it, the potentiometer output wire 110 re- 15 sad input shaft, said driven member including meansmains perfectly stationary and is not subject to chafng for allowing said input shaft to return to said idle posiandwear. tion while said driven member may remain Í1 anotherWhile the bet mode for caring out the invention position... . '..as een escn e 10 e ai , ose iam . , i dO' r b" 'd l' 11h' b d 'b d' d t '1 th r i'li'ar wi'th the ~rt S. The Invention of claim 3 wherein said housingt? w h. IC. h is th" Inven t' io~ 1 t re '11 a es 0' wi altema re~ ~nize. 20 portion - means in-the inc u idle es spnng position means of said ior accelerator 1asing saiio pedal. owertive designs and embodiments for practicing the Inven- 6 Th' t' d fi d' i' 5 h . 'do fi d h ~ 11 . 1 . . e inven ion as e ine m caim w erein saition as d~ me by t e 0 owmg' c aims. follower means includes a stop member extending trans-We claim: 1 r °d' verse y 0 sai ann member;1. An accelerator pedal asembly adapted .to be In- 25 each said wall member carrying a stop shoulder;stalled as a completely assemb~ed and pre-ad~u,sted as- said stop member being biased into engagement withsembly onto the floor of a vehicle cab compnsing: said stop shoulders by said sprig means when saida base .bracket .mem~; .accelerator pedal is in the idle poition,a housing portion eaned by sad base bracket mem- 7. An accelerator pedal assembly adapted to be inberat one end thereof; ,30' stalled ,as a completely assembled and preadjusted asane.longate accelerator pedal rotatably sec~red to sembly onto the floor of a vehicle cab comprising:,said base bracket memberat the opposite enct a base bracket membèr'thereof; a housing portion carri~d by said base bracket memelectronicmeans secured to sad housing portion for ber at one end thereof: 'producing.an electrican~ s.enerated. autput signal 35 l!n elongate accelerator' pedal rotatably securect toIn proportion to. ~e location ?f said :l~celerator said base bracket member at the opposite endpedal In any position from an idle posinon to the thereof. 'wide open throttlé position;. electroni~ mans secured to said housingportion forfol1~wer means secured to .a? extendin~ between producing an ,.electrically generl!ted output signal.said,a.ccelerator.pedal.and sad electronic ~eans; 40 in proportion to the location of sad acceleratorsaid housmg pOrtO~ bemg sl1Pported ~~ said base pedal in any position from an idle position to thebracket member in an e~~vated p~sltion located Wide open throttle position;above the upper extremities of said accelerator follower means secured to and extending betweenpedaL, whereby the electonic meanswil be rreeof , said accelerator pedal and sad electronic means;particulates or other contats commonly car- 45 sad housing portion being supported by sai~ bàse,ried by the accelerator pedal or otherwe trans- bracket member in an elevated position loctedrerred to the pedal asembly by the operator; ,above the upper extreinties or sad acceleratorsad electronic mea including a rotarypotentiome- ' peal, whereby the electrnic means wil be free ofter having a rota input shaft extendirtg lateraly pariculàtes or othercantainants commoiiy caror:said baS bracket member and sadacceleràtor SO ,rÌed' by the accelerator peal or otherwis transpedal;and ' ferred to the pedal assembly by the operator;said follower mea includingcoupled at one end to said rotar iiput slut and sadan ann member fixedly sad açceerator pedal being secured at one end tobase bracket member by a hing!, having an axisslidingly coupled at the opposite end thereofto said extending laterally of said base bracket member,~ccelerator peda. 55 and 'being biased in anupperost pOsition repre-2. The invention as defined in claim 1 whereill said senting the idle position of sad accelerator pedal;base braclcèt member includeS a generally vertica sec- andand a generaly horizonta setion at said electronic means including a rotay potentiome-tion at said one endsaid ppposite end; ter having an input shaft with an axis disposedsaid base bracket meinber furher including. a raed 60 laterally of sad base bracket member;, stop means for liinting the travel of sad accelera- sad follower mea being coupled to said input shafttor pedal to a set position representing wide open and adapted to oscilate about said input shaft axisthrottle. ' betwç:en one position representing the idle position3, The invention as defmed in claim lwherein said of said accelerator pedal and a second' 'positionhousing portion includes a pair of laterallyspaced wall 65 representing the wide open throttle position of sadmembers' extending radially' (lutwardly from the base acce1eratorpedal;andbracket member in the direction of sadaccelerator said follower means being fixed to the free end of saidpedal;' ' , :àCçel~ratorpe-dal by a joiritly radiating coupling

5,063,811910'above, the uppermeans- for providing linearly'proportioñate'travelextremities . 0f ,said acceleratorbetween said follower means and said açcelerator pedal, whereby the electronic means wil be free ofpedal. whereby a specific degree of accelerator particulates or other contaminants commonly carriedby the accelerator pedal or otherwise trans-pedal travel at any and every pedal position betweenidle and wide open throttle wil cause a 5 ferred to the pedal assembly by the operator; andspecific degree of oscilation in sàid follower means said accelerator pedal including a secondary pedaland thus a constant electrical output from said blade member extending from the undersidethereof in the direction, potentiometer regardless of the speCific pedal positionof said accelerator pedaL.of said base bracket memberto a position substantially beyond said base8. The invention of claim 7 wherein said potentiome- 10 bracket member whereby the accelerator pedalter includes a driven member operatively engaged by may be controlled by or controlled through thesaid input shaft. said driven member including mea secondary pedal blade member outside the vehiclefor allowing said input shaft to return to said onepositionwhile said driven,member may remain in said sec" 11. An accelerator pedal assembly adapted to be in-cab.ond position.15 stalled as a completely assembled and pre-adjusted as9. The invention of claim 7 wherein said jointly radiatingcoupling meas comprises a cam surface portion a base bracket member;sembly onto the floor of a vehicle cab comprising:located on one of said follower means and acclerator a housing portion carned by said base bracket memberat one end thereof;pedal and a cam follower being loèated on the other ofsaid follower m~s and accelerator pedal; 20 an elongate accelerator pedal rotatably secured tosaid follower meas being slidingly connected to and sad base bracket member at the opposite endin constant engagement with said cam surface portion;thereof;electronic means secured to said housing portion forsaid Cam surface being generally curved about saiò producing an eiectricaiy generated output signallateral axis in a path providing said linealy prop or- 25 in proportion to the location of said acceleratortionate travel.pedal in any position from an idle position to the10. An accelerator pedal assembly adapted to be instaledas a completely assembled and pre-adjusted as-follower means secured to and extending betweenwide open throttle position;sembly onto the floor of a vehicle cab compriing:said accelerator pedal and said electrOnic means;a base bracket member;' 30 sad housing portion being supported by said basea housing porton cared by said base bracket memberat one end thereof;above the upper extremities of sad acceleratorbracket member in àn elevated position locatedanthereof;elongate accelerator pedal rotatably,secured35topedal, whereby the electronic means wil be free ofsad base bracket member at the opposite end partculates or other contaminants commonly carriedby the accelerator pedal or otherwse transferredto the pedal assembly by the operator; andelectronic meanS secured to sad housing portion forproducing an eleotrically generateii output sígnal sad housing porton remaining rigi~ly fixed in a singleposition throughout the operational extent ofin proportion to the location of said acceleratorpedal in any position from an -idle position to the sad accelerator pedal. said e1ectronic means includingelectrical, wing extended therefrom forwide open throttle position; 40follower means secured to and extending betweentransmitting the output of sad electronic means.said accelerator pedal and said electronic means; sad electrical writing remaining in rtxed positionsad housing portion being supported by sad baserelative to sad housing portion.bracket member in an' elevated position locted45..**.50S56065

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"..._.. .~ --"N~Applicant:EngelgauSeriaI'No.: 09/643,422Attny No.: 65;748-659I Fied Augut 22, 2000Ij\i\TitleAssistant Commssioner ofWashington, D.-C. 20231ADJUSTABLE PEDAL ASSEMBLY WIHELECTRONIC THOTTE CONTOLPatentsAMNDMENT: GROUP: 3747: EXAR:: 1. KwonDear 'Sir:;.~.,c,-i('(..)--.oj :;C:'J r- fTD o: ('P N C! ..r-- r- "' fT:: -= 0 00::In response to the Offce Action dated, November 13, 2000, please amend the\II1ifLapplication as follows:IN THE CLAISPlease amend the clais as follows:.\~ 'I(l I -U. 91 YT /V. (Amended) An adjustable peda assembly for a vehicle comprising;a support (18) for mountig to a vehicle stctue;an adjustable ped assemblv (22) havig a gude member (62) rotatablyl~supported by said support (18) for pivota movement ,ahout a pivot axis (26); anda peda an (14) supported on sad gude member (62) for rectiliearmovement in fore and af diections relative to said support (18), saidgude member (62) andsaid pivot axis (26) between varous adjusted positions;an electronic control (28) support on said support (18) and reonsiveto pivotal movement of said pedal an (14) and said gude member (62) about said pivot axs(26),tht said pedalsaid electronic contrl (28) being fied relative to said support (18) suhan (14) moves in fore and aft diections with respect to said electrnic contrl\\(L \ - ) --../

Applicant: EngelgauSN: 091643,422Pa1!e 2 of 4l~(28). said electronic control (28) being responsive to pivotal movement of said gude member(62) about said pivot axis (26) for providig a signal (32) that corresponds to pedal an (14)position as said pedal ar (14) pivots said guide member (62) about said pivot axis (26)..... ~\-piease cancel clai ~ N -(piease add the followig new clai:,--vl,.I"" (New) A vehicle control pedal apparatus (12) comprising:a support (18) adapted to be mounted to a vehicle strctue (20):an adiustable ped assembly (22) having a pedal ar (14) moveable inô?-force and af directions with resoect to said support (18):a pivot (24) for, pivotally supportng said adiustable pedal assembly (22)with respect to said support (18)and defig a pivot axis (26): andan electronic control (28) attached to said sut)Oort (18) for controllg avehicle svstem:said apparatus (12) characteried by said electronic control (28) beingresponsive to said pivot (24) for providing a signal (32) that corresponds to pedal an positionas said pedal an (14) pivots about said pivot axis (26) between rest and applied positionswherein the position of said pivot (24) remai constant while said pedal an (14) moves in foreand af directions with respect to said pivot (24)../--'-.. ",- --'.-~.REMAClais,20-22 and 24 remai in the application with clais 20 and 24 being the, \\,ì C.hU 20 i, boe mnon to ""=poru in rota ""mbin ro chU 1 in th ""en!independent clai.li application\ ......__..-....-""..which resulted in United States Patent6,109,241, which patent was examed and\~'Ò,()..!i_-_?

, .Applicant: EngelgauSN: 09/643,422'". .Pa1!e 3 of 4alowéd by the same Examer responsible for the intant application. The differences in clà.!l20 herein and clai 10f the parent patent is that clai 20 is more specific in that the ped ar(14) moves rectiliearly along a gude member (62), the guide number (62) being in turh,pivotaly supported by the support (18).Clai 23 has been cancelled to overcome the objection to the drwig. "As t~ the references" as in the parent patent 6,109,241, there is no suggestion in thereferences of why one would reconstrct either of the perectly sound assemblies in thereferences.Independent clai 24 is a duplicate of clai 15 in the parent application except the word"thottle" has been eliinted from clai 15 just in case there could be an arguent that clai15 does not cover the control of a brake system.Accordingly, clai 24 is alowable for the same reasons clai 15 was allowed in parentpatent 6,109,241.A termal disclaier is filed herewith relative to parent patent 6,109,241, therefore,clais 20 and 24 are clearly alowable for the same basic reasons the clai in the parent patent6,109,241 were allowed.Al of the objections and rejections, havig been overcome, the application is now in, .condition f?r alowance, which allowance is respectfy solicited.Accordingly, it is respectfully submitted that the Application, as amended, is nowpresented in condition for alowance, which allowance is respectfy solicited. Furer and'favorable reconsideration of the outsdig Offce Action is hereby requested.Applicant by th Response does not intend to abandon any equivalents under thedoctre of equivalents for the srope öf any clai' element between the literal scope of the claielement and the scope ~f the prior ar. Any element added to any clai is deemed to claia new application. Any amendment made to any clai is made subject to an equivalencyexistig between the language added and the prior ar that need not be detailed here.in'./.."2'1-=-- -~ -- -- --._."

Applicant: EngelgauSN: 09/643,422Pa1!e 4 of 4Furermore, any chages to the claim have been solely for the purpose of clarfyg- the invention -, as set fort in each of those claims:¿1/f~ilÝ teRespectfully submittedHOWAR'I/~& HOWAR ATTORNYS, P.C.Harold W. Milton, Registration No. 22,180The Pinehurst Offce Center, S-nite#10139400 Woodward AvenueBloomfeld Hills, Michigan 48304-5151(248) 723-0352CERTIFCATE OF MAINGI hereby cer that ths Amendment for Serial No:: 09/643,422 is being deposited withthe United StatesI'ost Serce as First Class Mai, postge prepaid, in an envelope addressed- to the U.S. Patent and Traemark Offce, Wasbigton, D.C. 20231, Box Non-Fee Amendmenton Januarv 29. 2001.!L d tdJNudJfAne L. WinchesterHWalwG:\T_V\Te1eflex.\Ato\IpOO659\PatntlendmentdociJ-)V-,/

-,.J.."(". ,to . ) , PTO/SS/26 (10-00)Approved for use 10/3112002_ OMS 0651-0031U_S.-Patent and Tradèmark Offce; U.S. OEPARTMENT OF COMMERCEUnder the Paperwork Reducton Act of 1995, no persons are requIred to respond to a coll~ctionof Infarmition unless It displays Doct ,a Number valid OM'S (Optina) contrl number.TERMINAL DISCLAIMER TO OBVIATE A DOUBLE PATREJECTION OVER A PRIOR PATENT Q,In re Applicatióñ of:Application No.:Filed:For:Stev J. Engegau09/643,42265; 748-659¡l~'lOK)1/1;i./ If-- jA(;1 iifoiThe owner", Telf1, Inc. ,of 100% percent interest in the instant applicationhereby disclaims, except 'as provided below, the terminal part of the statutory term of any patent granted on theinstant appliCation, which yvould extend beyond the expiration date of the full statutory term ,defined in 35U.S.C. 154 to '156 and'173, as presently shortened by any terminal disclaimer, of ,prior Patent No. be6.109.241 . The owner hereby agrees that any patent so granted on the instant application shall, enforceable only for 1?i:d during such period that it and -the priorpatent are commonly owned. This agreementruns with any patent granted' on the instant application and is binding upon the' grantee, its success.ors orassigns.In making the above, disclaimer, the owner does nof disclaim the terminal part of any patent granted onthe instaiit appl-cation that wöuld extend to the expiration date of the full statutory term as defined in 35 U.S.C.patent, as presently shortened by any teriinal disclaimer, in the event that it154 to 156 and 173 of the priorlater: expires for failure to pay a maintenance fee, is held unenforceable, is found invalid by a ,court ofcompetent jurisdiction, is siatutorily disclaimed in whole or terminally disclaimed under 37 CFR 1.321, has allclaims canceled by a reexamination certficate, is reissued, or is in any manner terminated prior to theexpiration (lfits full statutory te~ as presently shortened by any _terminal disclaimer.Check either box 1,or 2 below, if appropriate.1.0 For submissions on behalf of an organization (e_g., corporation, partership, univerity, government agency, etc). theundersigned is empowered to act on behalf of the organiztion. -I hereby declare that all statements made herein of my own knowledge are true and that all statementsmade on information and belief are believed to be true; and further that these statements were made with theknowledge that wilful fàlse statements and the like so made are puniShable by fine or imprisonment, or both.under Section 1001 of Tite 18 of the United States Code and that such wilful false statements may jeopardizethe validity of the applicaton or any patent issued thereon. ''2. Ii The undersigned is, an attorney or agent of record.~Jf ~lil /Signature ~--Hald W. Miton, Jr. Re. ~., 0Typed or printed name ë5(i Terminal disclaimer fee under 37 CFR 1.20(d) Included. ;;WARNING: Information on this fonn -my become public. Credit cardlnfonntion should not ;=,be Included on this fonn. Provide credit card Infonnatlon and aùthorlzation on PTO-2038. :;.Statement under 37 CFR 3.73(b) is required If terminal disclaimer is signed by the assignee (owner). gForm PTÖ/SB/96 rry be used for making this certifcation. See MPEP § 324. 'i.:t22,180-i ;:1-. rit: nN ri!,urden Hour Slatement This form Is estimated to lake 0.2 hour,'to complete. Time wil vary depending upon the needs of themdivldual case. Any, COmments onthe amount of time you are requlred to ,complete this form should be sent to the Chief Informallon Offcer, U.S, Patent and Trademan( Ofce, Washln9n. 'DC20231_ 00 NOT SENi: FEES OR COMPLED FORMS TO THIS ADORESS. SENO TO: Assistant CommissIoner for Patents, Box PatenL.Appllcllon,Washington, i;C 20231. ',;:~g m oÜf:/ü:~!~ri(ii ~BÜ~i:Lt)ùOêl¡)õõc (;1~;IJl2E~; :-(;~ '¡~J - 1.~LO;¡ i:~;

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5The subject inventionADJUSTABLE PEDAL ASSEJ\L Y WITELECTRONIC THOTfE CONTROLTECHCAL FIED,relates to vehicle control pedal assembly havig an adjustment.mecÏùsmfor movig a peda ar in fore and af directions and an electronic throtte .controlfor controlling an en~e thotte. Specifcaly, the pedal assembly includes a pivot aboutwhich the adjustment mecham rotates when the pedal ar is actuated and which provide~" ,~:~'-,1i '-'"1 -,lQ, ! iY! .,,.¡;~.~,; ~n;~f,"., ~1'- i¡l;. n: i~-1 ;f;\ \~\10- , .¡101520¡input to the electronic thotte control for providing a signal that corresponds to peda ~position.BACKGROUN OF TH INNTONPedal assemblies are used in vehicles to control the movement ofth~ vehicle. Fotexaple, a velucle driver ~pplies a f?r~e to an accelerator pedal to move the pedal from a restposition to an applied positon. In th~ applied position, the accelerator p~dal typicaly actute_san engie thotte, which controls the acceleration and spee of the veluc1e. Often these pedålassemblies include an adjustment apparatiis that alows the position of a pedal arm and/or apedalpad to be moved with respect to the driver. This alows the pedal assembly tbaccommodate drvers ofvarous heights. Thus, the adjustment apparatus alows the pedà1assembly to be moved closer to the driver when the drver is short and allows the pedMassembly to bemóved fuer away from the driver when the drver is tall. Exaples, ofadjustable pedal assembliesare shown in Unit~ States Patent Nos. 5,460,061 and 5,632,183ai assigned to the assignee ofthe subject invention.Additionaly, adjustable pedal assenblies ca include an electonic thotte control25. assembiy for a drve-by-wire system.tii electonk: thottle controlgenerate an electcal signal that corresponds to tIe position ofassembly iS,used tothe accelerator pedal. Theelectronicthrotte èontrol assemblyreplaces trditionà mechac¡d linges between the p~da. ~a. and the engine throtte. One such adjustent apparatus used with an electronicthottt ,. .\ , '30 invention.J oentrQ! is sb\VinUned State fa No. 5,819,593 ased to ii ".Qfthe pres"'\:When a ve~c1e control peda asembly inludes both an adjustment appartus and anèlectronic thotte çontrol; the peda assembly ca be complex with a great number ofpar., These control peda assemblies ca be expensive, tie c~nsUmg to assemble, and reqe asigncant amount of packagig space. 'B& 6S,748-41 fl -1--- -- - - _.- -'.

~What is claim is:55JJ~'í.¡",CLAIS1. '. A velucle control pedal apparat (12) compriing:a support (18) adapted to b ounted to ,a vehicle strcture (20); ;an adjustable pedalass ly (22) havig a pedal arm (14) moveable in fore and¡ìIiaf directions with respect to said ' port (18);a pivot (24) for 'ivotaly supporting said adjustable ,pedal assembly (22) withrj,~WII!m ,--".\~,~~ '~.l i9 .=¡"%f="lUlj',f:;::,t!,10 ¡!¡¡,15 r--flositiorespect to said support (1 and defig a pivot axs (26); and ." ..ornc throtte control (28) attached to said support (18). for controlligan engie thotte 0);. ''d apparatus (12) characterized by said electronic thottle control (28) beingsaid pivot (24) for, providing a signal (32) that corresponds to pedal armsaid pedal ar (14) pivots about said pivot axis (26) between rest and applied¡,.! " 2. An apparattsLs set forth in clai'1 wherein said electromc thottle control\to sa' e icle structure (20) such that said pedal an (14) moves in forer (28) is fied relative\ and af directions with res ec to sàid electronic throttle control (28).20 i JF~,S~ '3. Anappart, as set fort in claim 1 wherein said 'pivot (24) is pivotally, (mou~ted ~th r~sP"ect to. s d ve~cl~ strctue (20) and siid pedal ar (14) moves in fore and"" _.a~~~~ct1ons with respe t to saidpivot (24). ., ' '25 ~/.'l' An a:pparatu~ as set forth in clai 1 wherein sad adjustable pedal assemblyincludes a guide rod (62) for supportÏIg said pedal ar (14) and wluch defies a longitudiaxi (64), said pedal arm (14) movig in siid rore and af diections along s!Ud longitudiaxs (64).30t..3An apparatus as set fort in clait wherein said longitudi ax (64) is, perpendicular to said pivot axs (z6).H& 6S.74~-41,!'.t)-7-

S 3 'as set fort in clai l wherein said adjustable pedal assemblyl An appartus'(22) incli.des a bearing,member (66) for slidably šupporting said pedå ar (14) on said guidèrod.(62).~ J5 t An apparatus as set fort in clai f wherein said guide rod (62) is rotatableabout said pivot axs (26)when said pedal ar'(14) pivots about said pivot axs,(26).10"1,1. . An apparatus as set fort In clai 1 wherein said support (18) ~ compnsed dfa housing (4i, 44) connected to the vehicle stctre (20) and a mountig bråcket (46) ., supported on said housing (42, 44) and moveable relative to said housing (42, 44)and th:evehicle struct!lre, (20),said mounting brack~t (46) and having a fist porton (52) for.'"~d '"jY."~rL1.~d!\!:Nms19 .'"¡ =l'"il(ñ\Îj\!:152010connection to said adjustable pedal assembly (22) and a second porton for connection to saidelectroiuc thottle control (28).ß~.9An apparatus as setgfort in clai i includig a resilent member (68) reactingbetwéen ~aid pOOaÍ ar (i4) and said support (18) for providing resistance' as said peda ar(14) is moved from said rest position to said applied position.~yó. An apparatus as s~t forth in clai? wherein sad resilent member (68) is a coilspring defig a spring center (70) that is concentc with said pivot (24).il. , An apparatus as set fort in clai ¡. i;herein said spring (68) ba a fist sprigend (72) engagig said pedal ar (14) and a second spnng end (74) engagi said supportl/ e: ,iß., An apparatus as set fo~ in clai VS wherein said elecoiuc thottle control(18) and wherei said fiSt sprig end (72) returs siad peda ar (14) to sad rest position25 afer a force applied to sad pedaa: (14) habeen removed.(28) ha a cylidrica porton (76) exendig inwardly toward said 'pedal ar (14) forsupportg said sprig (68).H& 65,148-41'y\ \ - 8-. ____.... ___ .. ..._._...__ ____ a_¥ :__.__.. _

!~.ip An apparatus as set forth in claim 1 wherein said pivot(24) is comprised ofafist pìvot meIPer (34) defing a fist pivot member axs (36) and a second pivot memb~rtd\¡:Wii,tfi~gN~..~,,¡¡i ,l,t::l=rut~;Q\Y(38) defing a second pivot member axs (40), said electronic throtte control (28) beini?responsive to said fist pivot -member (34) for providing said signa (32) tht corresponds t6~ ~.said second pivot member (38) provides pivotal balance fòr5 peáàl ar position and wherein,arm (14) pivots about said pivot axs (26).said pedal arm (14) a~.said pedal~. An apparatus as set forth in claim f1 wherein said fist (36) and second (40)10I~13pivot member axes are collear to defie said pivot axs (26).;t. An apparatus as set forth in claim i4 wherein såid first (34) and second (38)pivot members are longitudinally spaced, apar from one another to defie a clearance space(42) for said pedal ar (14) as said pedal arm (14) pivots about said pivot axs (26).~202530g:\i-vI.llulØ\i1~lilwp, H4H 65.748-1\0 ~9-

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.,°'Col~ . ~ '! ~ ." ¡~~ +'"~T" '" ~UNITED STATES Do.. ",RTMENT OF COMMERCEPatent and Trademark OfficeAddress: COMMISSIONER OF PATENTS AND TRADEMARKSWashington, D.C. 20231 '01/26199FIRST NAMED INVENTORENGiELGAUATTORNEY DOCKE NO. ':S ,65748-441r-KERRIE A LfIBA,Hm'¡AF':D 8. HOWAF:D14,00 NORTH WOODWARD AVENUESUITE 101BLOOMFIELD HILLS MI 48304-2856G!p'l02/1222 -iEXAMINERKi.iON, JART UNIT I' PAPER NUMBER I3-3747DATE MAILED: 12/22/99Please find below and/or attached an Office communication concerning this application orproceed~ng.Commissioner of, Patents and TrademarkS, l'o.soc (Rov. 215), ,I. File copy

--,.ApplicationOfficë Action SummaryNo.09/236,975ExaminerJohn T. KwonGroup Art Unit3747.= Responsive to communication(s) filed ono This action is FINAL.:J Since this application is in condition fof-allowance except for formal matters, prosecuton as to the merits is close'it¡naccordance witl: the practice under Ex parte Quayle, 1935 C.D. 11; 453 O.G. 213. ..A shortened statutory period for response to this action is set to expire 3 month(s), or thirt days, whicheveris'longer, from the mailng date of this communication. Failure to respond within the period for response wil cause theapplication to become abandoned. (35 U.S.C. § 133). Extensions of time may be obtained under the provisions of37 CFR 1.136(a).Disposltlon of Oaimsiz Claim(s) 1-15Of the above, claim(s)o Claim(s1iz Claim (s) 1-15o Claim(s)o Ciaimsislare pending irithe application.is/are withdrawn from 'consideration.islare allowed.islare rejected.islare objected to.are subject to restriction or election requirement.,Åpplicatiori Papersiz See the attached N'otice of Draftsperson's Patent Drawing Review, PTO-94B.o The drawing(s) filed on is/are objected to by the Examiner.o The proposed drawing correction, filed on is (Jpproved O:isapproved.o The specificatlori is objected to by the Examiner.o The oath or declaration is objected to by the Examiner.Priority under 35U.S.C. § 119o Acknowledgement is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d).o Aii 0 Some" 0 None of the CERTIFIED copies of the priority documents have beeno received.o received in Application No. (Series Code/Serial Number)o received in"Certified copies not received:this national stage application from the International Bureau (PCT Rule 17.21a)).0' Acknowledgtlment is màde of a claim for domesii;'priority un!ler 35, U.S.C. § 119(e).Attachment(s)ix Notice of References Cited, PTO-B92ix Information Disclosure Statement(s), PTO-1449, Paper No(s). 2o Interview Summary,PTO-413ix Notice of Draftsperson's Patent Drawing Review, PTO-948o Notice of Informal Patent Application, PTO-152-: SEE OFFICE ACTiON ON. THE FOLLOWING PAGES-.;. Patlnt and-Tr'd.ern OfficefOè326 (Rev. 9-95) Offce Action Suinmary Part of Paper No. --

Serial Numbèr: 09/236,975Page 2:Ar Unit: 3747DETAIED ACTIONHousekeepingApplicant(s) is(are) suggested to list a Current telephone number; a facimile number and alist of the attcluentS, if any, under the signatue,ofthe atmeyfapplieat for each response to theOffce action(s) in order to expedite and make accurte the prosecution ofthe applicaon.1. The submission of the Inormation Disclosure Statement dated Januar 26, 1999 has beenreceived and fuly considered. No fuer Inormation Disclosure Statement is in the records.Drawings'2. This application ha been filed with informal drawigs which are acceptable forexamation purposes only. Formal drawings wil be requied when the application is allowed.See Notice ofDrafperson's Patent Drawig Review, PTO-948, Paper No.3.Claim Rejections - 35 USC § 1033, ' The fòlloWig is a quotation of35 U.S.C. 103.(a) which forrthe bais for all obviousnessrejections set fort in ths Offce action:the invention is not identically disclosed or deScribed as set fort in(a) A pàtritmaY not be obtaed thoughsection 102 of this title, the if differences between the subject matter sought to be patnted and the prior ar are'such that the subject mattr as a whole would have been obvious at the tie the invention was made to a personhavig ordinar skill in the ii to which said subject mattr pertin. Patentabiity sha:l not be negatived by themáner inwhich theinvention was made.

Serial Number: 09/236,975Page 3Ar Ucit: 3747"4. Claims 1-15 are rejected under 35 U.S.C.I03(a) as being unpatentable over Reddig (USBrown (US 4,915,075)*. Redding discloses a pedal (20) mounted a5,460,061) in view ofpivotaly movable gude rai mea (18) iIi aconventioni adjustable pedal assembly. However, :Reddig does not show the use of a electrocic thottle control measattached in a pivotalyBrown shows that the use of a electrocic thotte control means (23)movable guide rail mean.includes a sprig member (84) ina peda assembly is old and well known in the ar. Since theprior are references are from the field of endeavor, the purose disclosed by Brown would havebeen recognedin the pertnent ar oftie th-e invention was made to a person havig ordiar skill in theRedding. Therefore, it would have been obvious at thear to provide the device ofReddiig with the electronic thottle control mean attched a support member as taught byBrown. Regarding the claimed parcular diection for the pivot/pedal an axs, it would havebeen considered to be an obvious choice of mechancal desigi because oiiè skilled in ths ar is, famliar with basic mechanc and normally ha the laboratory test facilities. To optize or selectthe suitable pivot/pedal an axs would be with the abilty of ordi skilled in ths ar.Contact Informatif?nAny iIqui concein th cointica~on should be directed to Exaner K won attelephonenurber (703) 308-1046 and facsimle numbers (703) 308-7766. The examer cannorrály be reached on Monday th Friday from &:30 AM to 5:00PM.

Senal Number: 09/236,975Page 4Ar Unit: 3°747Any inqui of a genera natue or relatig to the sttu ofthis application or proceedingshould be directed to the Group receptionist whose telephone number is (703) 308-0861.ohn T. Kwonnmar ExamerAr Unit 3747December 10, 1999Enc1osure(s);See theattcbment(s) section ofthe Offce Action Sum.

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, ..U.S;OS.N 09/236,975"IN THE UND STATES PATENT AN TRAEMARK OFFICELf(q(ff~'J ~:; l-fAPPliCANT: '. Engelgau EXAR: Kwon, J.SERI NO.: 09/236,975 GROUP NO.: 3747FITD: Januar 26,1999(\ii\/FOR:Assistant Commssioner for PatentsWaslungton, D.C. 20231Dear Sir:ADJUSTABLE PEDAL ASSEMBLY WIH ELCTRONICTHOTT CON1OLAMENDMENTIn response to the Office Action dated, December 22, 1999, please amend theapplication as follows:\._-~.IN THE,CLAI, , \o,I. (Amende) A vehicle control peda apparatus (12) comprising:a support (18) adapted to be mounte to a velucle strctue (20);an 'adjustale pedal assembly (22) having a pedal ar (14) moveable in foreand af diections with respect to said support (18);, a pivot (24) for pivotay supportng said adjustable peda assembly (22)with respect to said support (18) and dt:fig a pivot axs (26); andan electronic thottecontrollg an engie thttle (30);control (28) atached to said support (18) forsaid apparatus (12) characteried by said electronic thotte control (28)being fixed relative to said velucle strctue (20) such that saidpedal ar (14) moves infore and af diections with respect to said electronic thottle control (28), said electronicthottle control (28) being responsive to said pivot (24) for' providing a signal (32)corresponds to peda ar position as said peda ar (14) pivots about said pivot axs (26)thatbetween rest an~ appliedpositions.\\

",U.S.S.N 09/236,975 2..,. .~-,!.,0_':PI"", conccl dmm 2.d-' '1. (An~nded) An apparatus as set fort in claim 1 wherein said pivot (24)Js(pivotaly mounted with respect to said vehicle strcture (20)) associate with said support.Q and said pedal ar (14) moves in fore and aft diections with respect to said pivot (24).cf¡sip. (New) A vehicle control pedal apparatus (12) comprising:a support (18) adpted to be mounted to a vehicle strctue (20);an adjustable pedal assembly (22)and aft diections with respect to said support (18);having a peda ar (14) moveable in forea pivot (24) for pivotaly supportng said adjustable peda assembly (22)with respect to said support (18) and defig a pivot axis (26); andan electronic thottle control (28) attached to said support (18) forcontrollng an engine thotte (30);said apparatus (12) chàràcterized by said electronic throttle control (28)being responsive to said pivot (24) for providing a signal (32) that corresponds to pedal arposition as said peda ar (14) pivots about said pivot axs (26) between rest and appliedIPOSitiO~ wherein the p~Siti~n of S~d pivot (24) r~~s constant while said pedal ar (14)\,moves il fore and af directions with repect to said pivot (24).IS'I lp yf. (New) An appartu as set fort in clai y5 wherein said electronic thotte17control (28) is fixed relative to said vehicleI~strctue (20) such that said peda ar (14)moves in fore and af diections with respect to said electroiuc thotte control (28). .0. (New) An apparat as set fort in clai vf wherein said adjustable pedadefines aassembly includes a gude rod (62) for supportg said pedal ar (14) and whichlongitudinal axs (64), said peda ar (14) moving in said fore and af diecons along saidlongitudial axs (64)..,dì ..\. ,.

U.S.S.N 09/236,975 3Q:518' ~. (New) An appartus as set fort in clai iÆ wherein said ~uide rod (62); isrotatable about said pivot axs (26) when said peal ar (14) pivots about said pivot IDS(2ti;/7/'.r'----., '\REMASClaims 1, and 3-15 remai in the application. Claim 2 has been cancelled. Nèwclaims i6~19 have been added. Clais 1 ~d 16 are in independent form.Clai 1-15 stad rejected under 35 U.S.C. 103(a) as being unpatentable overRedding et al. (5,460,Ò61) in view of Brown (4,915,075). Obviousness can only beestablished by combining or modifyng the teaclungs of the prior ar to produce the claiedinvention where there is some teachig, suggestion, or motivation to do so, found either inthe refetences themselves or in the knowledge generaly avaiable to one of ordiar skil inthe ar. The prior ar must suggest the desirabilty of the combination. Furter, there mustbe some reason for the combination other than the hindsight gleaned from the inventionitself.As recogned by the Examner, the Red,dig reference does not disclose the use ofan electronic thotte control assembly in combination with an adjustable pedal. TheExamner uses Brown to modi Redding. Brown, discloses a peda position sensorassembly 10 that is mounted to an accelerator pedal 12., Th~lerator peda 12 is ,,)=ury _d to the veh flo, 28 awldo" ~'" adj"'; in foreaf ifOtio",:- B:::-¡teaches the use of the sensor assembly 10 tlt interacts between the peda12 and a fiedbasè plate 20 atched to the floor 28.Furer, Brown teaches the use of a sensor assembly\\.10 that is fied for movement with the peda 12. .Firt, modifyng Redding with the teaclungs of Brown would ru the operaton ofadjùstment in Reddig. The peda assembly inRedding must be able to move in fore and\ 1)

US.S.N 09/236,975 4aft directions to accomplish adjustment Redding's pedal canot include a position sensòrth~t requires the peda to be fixed to the vehicle floor.Second, Applicant's invention, as ~et fort in clais 1 and 16, is significantlydifferent than what is shown in the prior ar. Clai 1 requies the electronic thottle controlto be fixed relative to the vehicle strctue such that the pedal ar moves in fore and aftdirections with respect to the electronic thotte control. Claim 16 requires-the position ofthe pivot to reman constant whie the pedal ar moves in fore and af diections withrespect to the pivot. Neither Redding nor Brown suggests such a combination. 'Oneof the benefits of Applicant's invention is that the peda ar 14 movesindependently from the electronic thottle control 28 and the pivot 24. Ths combinationprovides both an adjustment apparatu 22 and an electronic thotte control 28 in anassembly that requires less packagig space, and which requies fewer components thanprior ar control pedals. Ths reduces overal assembly tie and reduces material costs.The control pedal apparatu 12 provides the additional benefits of havig a single pivot 24to' pivotaly support the peda ar 14 ih addition to providing input to the electronic thottecontrol 28. 'Thus, the control pedal appartus 12 allows adjustment of the pedal ar 14 infore and af diections without havig to move the electronic thotte control unt 28 alongwith the pedal ar 14, and the electronic thotte cop-trol 28 is responsive to the pivot 24about which the adjustable peda assembly 22 rotates.Applicant believes the application is now in condition for allowance, whichallowance is respectflly solicite A copy, of the formal drwings is enclosed herewith.Also enclosed herewith is a copy'ofUnited States Patent No. 5,819,593 (with an associatedPTO-1449 form), which was cite in the Background section .ofthe application. No fee isdue because ths patent was referred to in the origialy submittdapplication where it wasf\

U.S.S.N 09/236,975 5discussed in detaL. However, if a fee is required please charge our Deposit Account N:b.08-2789.Four new çl?ÌID were added to the application. Applicant believes that lioadditional fees are r~uied, however, the Commssioner is authored to charge ourDeposit AccouIt No. 08-2789 for any additional fees or credt the account for aiyoverpaymentRespectfully submitted,HOWAR & HOWAR ATIORNYS, P.C.Date: March,22,2000Docket No. 65;478441~~£~ -Regìstration No. 42,777The Pinehurst Offce1400 Nort Woodward Ave.Bloomfeld His,MI 48304(248) 645-1483Center, Suitel01StatesCERTIICATE OF MAI hereby cert that the enclosed Amendment is being, deposited with, the UnitedPostal Service as First Class Mai, postage"prepaid, in an envelope addrssed toAssistant Commssioner for PatentS, Washington2000.G:\t-v\eleflex\a\i1 \patnt\doD.C. 20231 on ths 22niday of March,'-h)tA1~~L~ ,~BrendaJ. es,(\

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IN mE UNITEû STATES PATENT AN TRAEMARK OFFICEr1CA6/íeß~Applicant: Steven J. EngelgauSerial No.:" Not Yet AssignedAttnyNo.: 65,748-441Filed Concurrently Herewith2--/f -f"l¡Title ADJUSTABll PEDAL ASSEMBLY WITHELECTRONICTIOTTE CÖNTOLAssistant Commssioller for PatentsWashigton, D.C. 20231Box DDSir,: GROUP:INORM nON DISCLOSUR STATEMENTUNER 37 CFR 1.97 AND 1.98r- ~o ;æø.ti~' -=~O\; ;tI\b . d. ~O\ =... i.&~\D.t:~~N~~=::;U ~..rr~==ç:'T' - IPursuant to Rule 97 and in compliance with Rule 56, Applicant hereby makes of recordthe items listed on the attched Form PTO-1449. Copies ofthe lited items are enclosed.None ofthese items discloses the inventive concepts claimed in the subject application.Should there be a fee assoèItedwith tils document, please charge it to Deposit AccountNo. 08-2789. A duplicate of this paper is enclosed.Enclosures:PTO-1449 w/7 Cited References'Respectflly submitted,, J/W~?~RNYS'P.c~~LaaRegistration No. 42,7771400 Nort WoodwlId Ave., Suite 101Bloomfeld Hi, MI 48304(810) 645-1483,i-.-~-_..-

Form PTO-1449 U.S. DEPARTMENT OF ATTY. DOCKET NO.COMMRCE PATENT AND 65,748-441TRAEMA OFFICEINFORMTION DISCLOSURSTATEMENT BY APPLICANTAPPLICANT:, EngelgauFILING DATESheet -l of 1,SERIAL NO.GROUPHerewith 3t¡47-- f,--.., ~a!i ~,~1':0 ==",.~O\~~~~~I~(' ~~~~;~,= ;;~:.. \'~- , U.S. PATENT DOCUMSExaminer Document No. Date Name Class Sub- FilingClass DateInitialqe4 5 :2 8 5 9 0 7/85 Bisacquino et al. 338 153 11/834 8 8 3 0 3 7 11/89 Mabee et aL. 123 399 7/884 9 1 5 0 7 5 4/90 Brown 123 399 3/894 9 5 8 6 0 7 9/90 Lundberg 123 399 4/895 0 6 3 8 1 1 11/91 Smith et aL. 74 513 7/905 2 4 1 9 3 6 9/93 Byler et aL. 123 399 9/91"'. i ~ 5 3 8 5 0 6 8 ,l2l92, White et aL. ..,to" ~,.l "I" 74 512 12/92 :L",,FOREIGN PATENT DOCUMSDocument No. Date Country Class Sub- TransL.,ClassYesNo-"OTHER DOCUNTS (IncL Author, Title, Date, Pertinent Pages,etc.)I ,Exam,iner ' ((fA JOtJ I Date Considered f2/8/C¡4Examiner: Initial if references considered, whether or not cLt~tion' is inconformance with MPEP 609. Draw line through citation if not in 'conformanceand not considered. Include copy of this form with next communication to,applicant.-

IN THE UNTE STATES PATENT AN TRAEMA OFFICEEngelgau GROUP ART: 374709/236,975 EXA:, Kwon, J.Januar 26,1999FOR: "ADJUSTABLE PEDAL ASSEMBLY WIELECTONIC THOTT CONTOLATIORNY DOCKE NO. 65,748-41Assistat Commssioner for PatentsWasmngton, D;C. 20231Dear Sirs:TRAS:MTIAL LETTREnclosed herewith is a copy of Uiuted States Patent No. 5,819,593 (with an associatedPTO-1449 form), wmch was c;ited in the Background Section of the application. No fee is duebecause ths patent was referred to in the origially submitted application where it was discussedin detai. However, if a fee is requied please charge our Deposit Account No. 08-2789.Respectfully submitted,Dated: March 22, 2000, HOWAR & HOWARDATTORNYS,P.C.k-, 'Kerre A. Laba, Registration No. 42,77The Pineh,urst Offce Center, Suite 1011400 North w' oodward AvenueBloomfeld Hills,:M 48304. (248) 645-1483CERTIFCATE OF MAILI hereby certy that the attached document(s) is/are being deposited with the U.S.Postal Servce, as first Class mail, postage prepaid,' in an envelope addessed to AssistatCommsioner for Patents, Washigton, D.C~, 20231 'on March 22, 2000. ,~M~d\~tfi~Brenda J. Hughes. -G:\t -v\teleflex\auto\ip00441 \patentlltr.doc'

L-Sheet -i of -i ==.5FORM l'O.1449 U.s. Departent of Co.."erce(Rev. 2-83) Patent and Trademrk OffceINORM nON DISCLOSUSTATEMEN1 BY APPLIC,uATTY. OO':KET NO.SERIL NO.65,748-441 09126,975APPLICAEngelguFlING DATEJanuarY,26,1999GROUP3747U.S. PATE DOCUExa Docut Numb Date Nam Cla Subcl, F'ilgDate.Intil~58 1 9 5 9 3 10113/98 Rion et at.- ~FOREIGN DOCUNTDocut Num Date Countr Clas Subclass TranslationYes N':".- I I I I--I T I IOTHR DU-CUMNTS (Icludig Author, Title, Date", Relevant Pages, Place of Publicatioii"')EXAKiJDNEX lnti if citation caiideted whether orconsered Ine copy of th form with nex coimcaon to applicaL "CONSIDERE ,5" !¿z/ i OD 0I DATEnot citation Is in conformce wü WEP 609;'draw lie though citation if not in conform and notG:\t.v\te1efllautoIiOO44l lpatet\l449 .lIce

, IN THE UNITF~"STATES PATENT AN TRA~MARK OFFICE~Applicant: EngelgauSerial No.: Not Yet Assigned (Contiuation of09/236,975) :: GROUP:Attny No.: 65,748-659FiledConcurently HerewithTitle ADJUSTABLE PEDAL ASSEMBLY WIHELECTRONIC THROTTLE CONTROLINFORMTION DISCLOSUR STATEMENTUNDER 37 CFR 1.97 AN 1.98" ~t-,_a -iic- = ,. C" cd ¡¡o =0 .~M" .,~O~-N':t"-4==' 100' =~(D~ ==0-U i- =="t--Assistant Commssioner for PatentsWashigton, D.C. 20231BoxSir:PATENT APPLlCATIONpursuant to Rile 97 and in compliance with Rile 56, Applìcant hereby makes of recordthe items listed on the attached Form PTO-1449. Copies ofthe listed items are enclosed.Nöne of these items discloses the inventive concepts claied in the subjedapplication.Should there be a fee associated with ths document, please chageNo. 08-2789. A duplicate of ths paper is enclosed.it to Deposìt AccountRespectfully subnntted,HOWAR & HOWAR ATTORNYS, P.C.O~3).+ .;~ fltlDate arold W. Miton, Registration No. 22,180The Pinehurst Offce Center, Suite #101'39400North Woodward Ave.Bloomfeld Hills, Ml48304-5l51(248) 723-0352Enclosures:PTO-1449 w/;i Cited ReferencesCERTIFICATE OF EXPRESS MAINGI hereby certfY that the enclosed paper or fee is being deposited with the United StatesPosta'Servce as Express Mai, pos~ge prepaid, in an envelope as "Exress Mai Post Offce toAddressee", Mai~g Label No. EL639688012US and addr;!sedto the Assistt Commssìonerof Patents, Washigton, D. C. 20231, on. Aul!ust ,:d~ ' 2000.QMMO ,~ iÅ\i.N\l'~i.(h.LAne L. Winchester

Sheet -- of -l.. b ~~ C'~ §g.' l: ~~o'~ ==0~~,' ::\. ""~C\ ~~C\.,- "-~,co~o~co''0=i-:: ;;'FormPTO-1449 ATTY. DOCKT NO. SER NO.U.S. DEPARTMENT OF 65,748- 659COMMERCE PATENT AN TREMAOFFICE - ' t; '"APPLICAN:EngelgauINORMTION DISCLOSURSTATEME BY APPLICANFIGDATE, .U.s. P ATENT DOCUNTS3G74-ry:iExer Documnt No. Date Name Cls Sub- FilgClass Date'q Intial~4 4 7 0 5 7 0 9/84 Sakurai et al. 244 235 9/82T.1l 5 0 5 6 7 4 2 10/91 Saki 244 235 10/89FOREIGN P A'tENT DOCUNTS, Examer Document No. Date Nap Class Sub- FilIntial Class Date,OTHER DOCUMNTS (Incl. Author, Title, Date, Pertinent PageS, etc.)ExaerPlAJM I Date Considered(tlql â)òDExaer: Intial ifreferences considered, whether or not citationIS in conforÌce with MPEP 609. Drawlie though citation if not in conformce and not considered Include copy oftb form wi nextcommcatin to applicant.j ,--'- ---~-'_. ----.

:~j'.rUNITED STATES DISTRICT COURTEASTERN DISTRICT OF MICHIGANSOUTHERN DIVISIONFILE COpyTELEFLEX INCORPORATED,v.Plaintiff,KSR INTERNATIONAL CO.,Defendant.RODGER D. YOUNG (P22652)STEVEN SUSSER (P52940)DA VID J. POIRR (p62928),Young & Susser, p~C.Attorneys for Plaintif26200 American Drive, Suite 305Southeld, Michigan 48034(248) 353-8620//c.A. No. 02 74586HON. LAWRNOEP. ZATKOFFMAGISTRATE JUGE STEVEN D. PEPEKENNTH J. McINTYR (P17450)1. PAHL ZIN (P57516)Dickinson Wright PLLC cAttorneys for Defendant ... " ~ ~ ë500 Woodward Avenue, Suite;~ÐO ~Detroit, Michigan 4826 ,;;:E;;~ æ(313) 223 3500 ',0.,:::0) N- :",~;:;J.$w 0-JAMs W. DABNEYPenne & Edmonds, LLPAttorneys for Defendant1155 Avenue ofthe AmericasNew York, New York 10036(212) 790-9090:! ;iii -0~~~f; -:~,:1 N~ r:" .. i-~lm øPROOF OF MALINGSTATE OF MICHIGAN )COUNTYOF WAYN)) ss.An Howington, being fit duly sworn, deposes and says that she is employed atDickinon Wright PLLC, that on Augnst 26, 2003, she sered a copy of THIR

DECLARATION OF JAMES w: DABNEY and REPLY BRIEF IN SUPPORT OFDEFENDNAT'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY upon: StevenSusser, Esq., Young & Susser, P.c., 26200 American Drive, Suite 305, Southfield, MI 48034 byenclosing the same in a sealed envelope bearg proper address, and by causing the same to bedeposited in the Federal Express receptacle maintained at 500 Woodward Avenue, Detroit,Michigan 48226."arid sworn to before meay of August, 2003.I'\)I/"PlS J. TRVISNo Pulic, Way Co, MIcMy Co Ex Ap15, axDETROIT 27706-1 729257