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

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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
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 and 60: , u.s. Patent Nov. 12, 1991 Sheet 4
Page 61: 1ACCELERATOR PEDAL ASSEMBLYTECHNICA
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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