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

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, ..U.S;OS.N 09/236,975"IN THE UND STATES PATENT AN TRAEMARK OFFICELf(q(ff~'J ~:; l-fAPPliCANT: '. Engelgau EXAR: Kwon, J.SERI NO.: 09/236,975 GROUP NO.: 3747FITD: Januar 26,1999(\ii\/FOR:Assistant Commssioner for PatentsWaslungton, D.C. 20231Dear Sir:ADJUSTABLE PEDAL ASSEMBLY WIH ELCTRONICTHOTT CON1OLAMENDMENTIn response to the Office Action dated, December 22, 1999, please amend theapplication as follows:\._-~.IN THE,CLAI, , \o,I. (Amende) A vehicle control peda apparatus (12) comprising:a support (18) adapted to be mounte to a velucle strctue (20);an 'adjustale pedal assembly (22) having a pedal ar (14) moveable in foreand af diections with respect to said support (18);, a pivot (24) for pivotay supportng said adjustable peda assembly (22)with respect to said support (18) and dt:fig a pivot axs (26); andan electronic thottecontrollg an engie thttle (30);control (28) atached to said support (18) forsaid apparatus (12) characteried by said electronic thotte control (28)being fixed relative to said velucle strctue (20) such that saidpedal ar (14) moves infore and af diections with respect to said electronic thottle control (28), said electronicthottle control (28) being responsive to said pivot (24) for' providing a signal (32)corresponds to peda ar position as said peda ar (14) pivots about said pivot axs (26)thatbetween rest an~ appliedpositions.\\
",U.S.S.N 09/236,975 2..,. .~-,!.,0_':PI"", conccl dmm 2.d-' '1. (An~nded) An apparatus as set fort in claim 1 wherein said pivot (24)Js(pivotaly mounted with respect to said vehicle strcture (20)) associate with said support.Q and said pedal ar (14) moves in fore and aft diections with respect to said pivot (24).cf¡sip. (New) A vehicle control pedal apparatus (12) comprising:a support (18) adpted to be mounted to a vehicle strctue (20);an adjustable pedal assembly (22)and aft diections with respect to said support (18);having a peda ar (14) moveable in forea pivot (24) for pivotaly supportng said adjustable peda assembly (22)with respect to said support (18) and defig a pivot axis (26); andan electronic thottle control (28) attached to said support (18) forcontrollng an engine thotte (30);said apparatus (12) chàràcterized by said electronic throttle control (28)being responsive to said pivot (24) for providing a signal (32) that corresponds to pedal arposition as said peda ar (14) pivots about said pivot axs (26) between rest and appliedIPOSitiO~ wherein the p~Siti~n of S~d pivot (24) r~~s constant while said pedal ar (14)\,moves il fore and af directions with repect to said pivot (24).IS'I lp yf. (New) An appartu as set fort in clai y5 wherein said electronic thotte17control (28) is fixed relative to said vehicleI~strctue (20) such that said peda ar (14)moves in fore and af diections with respect to said electroiuc thotte control (28). .0. (New) An apparat as set fort in clai vf wherein said adjustable pedadefines aassembly includes a gude rod (62) for supportg said pedal ar (14) and whichlongitudinal axs (64), said peda ar (14) moving in said fore and af diecons along saidlongitudial axs (64)..,dì ..\. ,.
Page 3 and 4:
TABLE OF AUTHORITIESPaee(s)Altoona
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United Carbon Co. v. Binney & Smith
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invalidity under 35 U.S.C: § 103 (
Page 10 and 11:
-- 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
Page 22 and 23:
Exs. 8-10; KSR Main Br. at 23-27).
Page 24 and 25:
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 and 80: --,.ApplicationOfficë Action Summa
Page 81 and 82: Serial Number: 09/236,975Page 3Ar U
Page 83: mx::0-;:co
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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