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

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, 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
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 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: , u.s. Patent Nov. 12, 1991 Sheet 4
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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