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

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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.
Page 3 and 4: TABLE OF AUTHORITIESPaee(s)Altoona
Page 5 and 6: United Carbon Co. v. Binney & Smith
Page 7 and 8: invalidity under 35 U.S.C: § 103 (
Page 10 and 11: -- In an Offce Action dated Novembe
Page 12 and 13: just in case there could be an argu
Page 14 and 15: -- Conventional, off-the-shelf peda
Page 16 and 17: Here there is no dispute as to any
Page 18 and 19: n. "OBVIOUSNESS" MUST BE DETERMIND
Page 20 and 21: Teleflex's argument is erroneous at
Page 22 and 23: Exs. 8-10; KSR Main Br. at 23-27).
Page 24 and 25: elements with no change in their re
Page 26 and 27: mx::0';:¡:-i
Page 28: ,e ePlaintiffTeleflex Incorporated
Page 31 and 32: .. ,). ../ IN THE UNTED STATES PATE
Page 33 and 34: REMAClais 20-23 remai in ths applic
Page 35: Offce Action Summaryo Responsive to
Page 39 and 40: mx:J0-;: .t
Page 41 and 42: 'u.s. Patent . Oct. 24, 1995 Sheet
Page 43 and 44: u.s. Patent Oct. 24, 1995 Sheet 3 o
Page 45 and 46: , ,U .8. Patent Oct. 24, 1995 Sheet
Page 47 and 48: "/ )1ADJUSTABLE CONTROL PEDALAPPART
Page 49 and 50: 5adjuster member utizig the guide b
Page 51 and 52: 5,460,0619porton inboard of the slo
Page 53 and 54: PATENT NO. :DATEDJNVENTOA(S) : ,UNI
Page 55 and 56: United States Patent (19)Smith et a
Page 57 and 58: . u.s. Patent Nov. 12, 1991 Sheet 2
Page 59 and 60: , u.s. Patent Nov. 12, 1991 Sheet 4
Page 61 and 62: 1ACCELERATOR PEDAL ASSEMBLYTECHNICA
Page 63 and 64: 565,063,811FIG. 1 to the wide-open-
Page 65 and 66: 5,063,811910'above, the uppermeans-
Page 67 and 68: "..._.. .~ --"N~Applicant:EngelgauS
Page 69 and 70: , .Applicant: EngelgauSN: 09/643,42
Page 71 and 72: -,.J.."(". ,to . ) , PTO/SS/26 (10-
Page 73 and 74: 5The subject inventionADJUSTABLE PE
Page 75 and 76: S 3 'as set fort in clai l wherein
Page 77 and 78: mx::0';:Q)
Page 79 and 80: --,.ApplicationOfficë Action Summa
Page 81 and 82: Serial Number: 09/236,975Page 3Ar U
Page 83 and 84: mx::0-;:co
Page 85 and 86: ",U.S.S.N 09/236,975 2..,. .~-,!.,0
Page 87 and 88:
US.S.N 09/236,975 4aft directions t
Page 89 and 90:
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Page 91 and 92:
Form PTO-1449 U.S. DEPARTMENT OF AT
Page 93 and 94:
L-Sheet -i of -i ==.5FORM l'O.1449
Page 95 and 96:
Sheet -- of -l.. b ~~ C'~ §g.' l:
Page 97:
DECLARATION OF JAMES w: DABNEY and
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Reply Brief in Support of KSR's Motion for Summary ... - Fried Frank

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