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

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"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
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 and 36: Offce Action Summaryo Responsive to
Page 37 and 38: Serial Number: 09/643,422Page 3Ar.U
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: , ,U .8. Patent Oct. 24, 1995 Sheet
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: mx::0';:-io
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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