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

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Serial Numbèr: 09/236,975Page 2:Ar Unit: 3747DETAIED ACTIONHousekeepingApplicant(s) is(are) suggested to list a Current telephone number; a facimile number and alist of the attcluentS, if any, under the signatue,ofthe atmeyfapplieat for each response to theOffce action(s) in order to expedite and make accurte the prosecution ofthe applicaon.1. The submission of the Inormation Disclosure Statement dated Januar 26, 1999 has beenreceived and fuly considered. No fuer Inormation Disclosure Statement is in the records.Drawings'2. This application ha been filed with informal drawigs which are acceptable forexamation purposes only. Formal drawings wil be requied when the application is allowed.See Notice ofDrafperson's Patent Drawig Review, PTO-948, Paper No.3.Claim Rejections - 35 USC § 1033, ' The fòlloWig is a quotation of35 U.S.C. 103.(a) which forrthe bais for all obviousnessrejections set fort in ths Offce action:the invention is not identically disclosed or deScribed as set fort in(a) A pàtritmaY not be obtaed thoughsection 102 of this title, the if differences between the subject matter sought to be patnted and the prior ar are'such that the subject mattr as a whole would have been obvious at the tie the invention was made to a personhavig ordinar skill in the ii to which said subject mattr pertin. Patentabiity sha:l not be negatived by themáner inwhich theinvention was made.
Serial Number: 09/236,975Page 3Ar Ucit: 3747"4. Claims 1-15 are rejected under 35 U.S.C.I03(a) as being unpatentable over Reddig (USBrown (US 4,915,075)*. Redding discloses a pedal (20) mounted a5,460,061) in view ofpivotaly movable gude rai mea (18) iIi aconventioni adjustable pedal assembly. However, :Reddig does not show the use of a electrocic thottle control measattached in a pivotalyBrown shows that the use of a electrocic thotte control means (23)movable guide rail mean.includes a sprig member (84) ina peda assembly is old and well known in the ar. Since theprior are references are from the field of endeavor, the purose disclosed by Brown would havebeen recognedin the pertnent ar oftie th-e invention was made to a person havig ordiar skill in theRedding. Therefore, it would have been obvious at thear to provide the device ofReddiig with the electronic thottle control mean attched a support member as taught byBrown. Regarding the claimed parcular diection for the pivot/pedal an axs, it would havebeen considered to be an obvious choice of mechancal desigi because oiiè skilled in ths ar is, famliar with basic mechanc and normally ha the laboratory test facilities. To optize or selectthe suitable pivot/pedal an axs would be with the abilty of ordi skilled in ths ar.Contact Informatif?nAny iIqui concein th cointica~on should be directed to Exaner K won attelephonenurber (703) 308-1046 and facsimle numbers (703) 308-7766. The examer cannorrály be reached on Monday th Friday from &:30 AM to 5:00PM.
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TABLE OF AUTHORITIESPaee(s)Altoona
Page 5 and 6:
United Carbon Co. v. Binney & Smith
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invalidity under 35 U.S.C: § 103 (
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-- In an Offce Action dated Novembe
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just in case there could be an argu
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-- Conventional, off-the-shelf peda
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Here there is no dispute as to any
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n. "OBVIOUSNESS" MUST BE DETERMIND
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Teleflex's argument is erroneous at
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Exs. 8-10; KSR Main Br. at 23-27).
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elements with no change in their re
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mx::0';:¡:-i
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,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 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: --,.ApplicationOfficë Action Summa
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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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