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

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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-=-- -~ -- -- --._."
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 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: "..._.. .~ --"N~Applicant:EngelgauS
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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