Appeal No. 2004-1767
Application 09/976,887
Shimizu is a position sensor since the pressure measured by the sensor determines the amount of
operation of the brake pedal” and, therefore, “Shimizu’s ‘amount of operation’ is equivalent to a
position of the brake pedal” such that “the pressure sensor . . . falls under the definition of a
position sensor” in the claims, citing. col. 9, lines 16-23 and 28-33; col. 10, lines 55-65; col. 13,
lines 10-25; col. 14, lines 10-25; and Shimizu claim 4 (answer, pages 3-4, emphasis added; see
also Paper No. 4, pages 2 and 3).
In these respects, the examiner finds that Shimizu states in the cited disclosure at col. 9,
lines 16-23, that “an operation speed and an amount of operation of the brake pedal are detected
. . . thereby, it can be determined whether or not the operation on the brake pedal 30 is intended
to perform an emergency braking,” and in the cited disclosure at col. 9, lines 28-33, that “the
operational speed and the amount of operation of the brake pedal 30 can be accurately assumed
from the brake pressing force Fp.” The examiner further finds that “Shimizu discloses that pedal
stroke L can be used to operate his invention on lines 10-24, on column 14” (Paper No. 4, page
3), and with respect to Shimizu claim 4 which specifies “emergency braking operation detecting
means detects the operational speed of the brake based on an amount of stroke (L) of a brake
pedal,” the examiner concludes that the “stroke (or position) of the brake pedal must be
measured using the pressure sensor since there is no disclosure of a separate stroke sensor in the”
reference, from which “it is clear that Shimizu also recognizes the pressure sensor as a position
sensor for the brake pedal” (answer, page 4). The examiner also finds that “in the background of
the invention [in the reference] the use of a brake pedal position sensor is discussed,” without
citation (Paper No. 4, page 3).
Appellants submit that “Shimizu uses the rate of change in master cylinder pressure to
determine the rate of change for the brake pedal, as disclosed in column 10, lines 55-65” which
is “an indirect method of brake pedal rate measurement (a force/pressure measurement)” (brief,
page 8). Appellant argues that “[t]he detection of position is fundamentally different than the
detection of force, different sensor types are needed as are different control algorithms,” and,
pointing to hydraulic pressure sensor 40 at col. 4, lines 8-15, that “Shimizu uses a fundamentally
different control strategy than that of the present claimed invention, using master cylinder
Office action of July 15, 2003 (Paper No. 4, p-ages 2-3).
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