DETAILED CORRESPONDENCE
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/30/2026 has been entered.
Response to Amendment
The amendment filed 06/30/2026 has been entered. Claims 1-7 remain pending in the application.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 5 and 7 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Sedlmaier (US 6360624 B1).
Regarding claim 5, Sedlmaier discloses a gearbox control device configured to control an automated manual gearbox of a vehicle (see column 2 lines 12-16, wherein an electric transmission control device which, as a function of an operating position for the automatically shifted transmission selected on the selector lever and of other operating parameters of the motor vehicle, controls the automatically shifted transmission), wherein the gearbox control device is configured to receive gearbox control signals from a monostable toggle switch (see Fig. 3, 1; see column 6 lines 34-35, wherein selector lever 1 which automatically returns into its operating position) actuatable by a user in exactly two deflection directions (up and down in the figure), the gearbox control device has a further driving level which is not selectable by the toggle switch (see Fig. 4f, M; see column 6 lines 22-30, wherein the gear position M1 or M2 . . . M5 is displayed, depending on which gear position was manually engaged in the transmission. In this step-by-step shifting operating mode, it is now possible to manually shift the gears. During the change between the operating modes by operating a separate tip switch (not shown) in the step-by-step shifting operating mode, precisely that gear is taken over which was engaged in the automatic driving position operating mode), the gearbox control device is configured to output signals to graphically display a gearshift diagram (see Fig. 4f) having the driving levels selectable by the toggle switch (N, P) to a visual device having at least one display (device and display shown in Fig. 4f) configured to display a symbol (M and arrow) which indicates the one of the two deflection directions of the toggle switch (up in the figure) which will result in the further driving level being exited (M will be exited for either P or N), and the gearbox control device is configured to control the at least one display to only display the symbol when the further driving level is selected (the display will only show M and arrow when M is selected), wherein the monostable toggle switch is configured to select a plurality of driving levels of the gearbox control device (P, R, N, D). Note that column 6 line 33 to column 7 line 45 disclose the steps taken by a user to actuate the control know and the corresponding displays shown.
Regarding claim 7, Sedlmaier discloses the gearbox controller is configured to shift from a further driving level (M) into a driving level neutral (N) or a driving level drive, based on a respective deflection of the monostable toggle switch (see Fig. 3 and 4f, upward direction).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1-4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sedlmaier (US 6360624 B1) in view of Mauter (EP 03015416 A).
Regarding claim 1, Sedlmaier discloses a method for operating a gearbox system (see column 2 lines 12-16, electric transmission control device and transmission), the gearbox system including an automated manual gearbox (transmission), a gearbox control device configured to control the automated manual gearbox (see column 2 lines 12-16, wherein an electric transmission control device which, as a function of an operating position for the automatically shifted transmission selected on the selector lever and of other operating parameters of the motor vehicle, controls the automatically shifted transmission), a user-actuatable monostable toggle switch (see Fig. 3; 1) which is configured to select at least one of a plurality of driving levels of the gearbox control device (P, R, N, D), and a visual device (see Fig. 4a-4f; device shown in figures) configured to graphically display a gearshift diagram (diagram shown in Fig. 4a-4f) having the driving levels selectable by the toggle switch, the gearbox control device having a further driving level (see Fig. 4f; M) which is not selectable using the toggle switch (see column 6 lines 22-30, wherein the gear position M1 or M2 . . . M5 is displayed, depending on which gear position was manually engaged in the transmission. In this step-by-step shifting operating mode, it is now possible to manually shift the gears. During the change between the operating modes by operating a separate tip switch (not shown) in the step-by-step shifting operating mode, precisely that gear is taken over which was engaged in the automatic driving position operating mode), comprising the acts of: while operating with the further driving level selected (see Fig. 4f; operating mode shown in the figure), displaying using at least one display of the visual device a symbol indicating the at least one deflection direction of the toggle switch which will cause the further driving level to be exited (M and arrow); and while operating with the further driving level selected, exiting the further driving level by moving the toggle switch in at least one of the two deflection directions (see Fig. 4f; upward direction), wherein the gearbox control device is configured to control the at least one display such that the symbol is only displayed when the further driving level is selected (the display will only show M and arrow when M is selected), the user-actuatable monostable toggle switch is movable in exactly the two deflection directions (see Fig. 3; up and down in the figure. Note that column 6 line 33 to column 7 line 45 disclose the steps taken by a user to actuate the control knob and the corresponding displays shown). Sedlmaier fails to disclose the switch is arranged on a center console. However, Mauter teaches the switch (see Fig. 1; 6) is arranged on a center console (see Description, first paragraph; wherein “in the area of the center console arranged control device for selecting the state of the manual transmission”). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Sedlmaier with the switch arranged on the center console, as taught by Mauter, to offer the driver a natural rest for their hand and deliver a more direct physical sensation when engaging the gears; to open up the area around the steering wheel to provide better visibility of the instrument cluster; to mimic the historical placement of manual shift knobs; and to provide a centrally located control element which can be intuitively be operated (see Description, paragraph 5). Additionally, it has been held that a rearrangement of parts, which does not modify the operation of the device, is an obvious matter of design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this instance, rearranging the selector lever of Sedlmaier from the steering column to the center console would not change the operation of the gearbox system. Note that the specification of the instant application fails to disclose any criticality to the location of the toggle switch, and therefore is an obvious design choice.
Regarding claim 2, Sedlmaier discloses the visual device graphically displays the gearshift diagram with the driving levels selectable by the toggle switch when the gearbox system is activated (see Fig. 4a-4f).
Regarding claim 3, Sedlmaier discloses the gearbox system further includes a first switch configured to be actuated to select the further driving level which is not selectable by the toggle switch, the method further comprising the act of: selecting the further driving level by actuating the first switch (see column 6 lines 22-30, wherein the gear position M1 or M2 . . . M5 is displayed, depending on which gear position was manually engaged in the transmission. In this step-by-step shifting operating mode, it is now possible to manually shift the gears. During the change between the operating modes by operating a separate tip switch (not shown) in the step-by-step shifting operating mode, precisely that gear is taken over which was engaged in the automatic driving position operating mode). Sedlmaier fails to disclose the first switch is arranged on the steering wheel or the steering column. However, Mauter teaches the first switch (see Fig. 1; 4a, 4b) is arranged on a steering wheel (3) or a steering column (5). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Sedlmaier with the first switch arranged on a steering wheel or a steering column, as taught by Mauter, so that a driver can shift the vehicle without removing their hands from the steering wheel; and to provide a device for controlling the transmission with high sportiness as well as a particularly cheap and intuitive usability (see Description, paragraph 4). As a result of the combination, the following limitations would necessarily result: the first switch (Mauter, 4a, 4b; Sedlmaier, separate tip switch) is spatially separated from the toggle switch (Mauter, 6; Sedlmaier, 1).
Regarding claim 4, Sedlmaier discloses the gearbox system further includes a first switch configured to be actuated to select the further driving level which is not selectable by the toggle switch, the method further comprising the act of: selecting the further driving level by actuating the first switch (see column 6 lines 22-30, wherein the gear position M1 or M2 . . . M5 is displayed, depending on which gear position was manually engaged in the transmission. In this step-by-step shifting operating mode, it is now possible to manually shift the gears. During the change between the operating modes by operating a separate tip switch (not shown) in the step-by-step shifting operating mode, precisely that gear is taken over which was engaged in the automatic driving position operating mode). Sedlmaier fails to disclose the first switch is arranged on the steering wheel or the steering column. However, Mauter teaches the first switch (see Fig. 1; 4a, 4b) is arranged on a steering wheel (3) or a steering column (5). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Sedlmaier with the first switch arranged on a steering wheel or a steering column, as taught by Mauter, so that a driver can shift the vehicle without removing their hands from the steering wheel; and to provide a device for controlling the transmission with high sportiness as well as a particularly cheap and intuitive usability (see Description, paragraph 4). As a result of the combination, the following limitations would necessarily result: the first switch (Mauter, 4a, 4b; Sedlmaier, separate tip switch) is spatially separated from the toggle switch (Mauter, 6; Sedlmaier, 1).
Regarding claim 6, Sedlmaier discloses the gearbox controller is configured to shift from a further driving level (M) into a driving level neutral (N) or a driving level drive, based on a respective deflection of the monostable toggle switch (see Fig. 3 and 4f, upward direction).
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new grounds of rejections that were necessitated by an amendment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH BROWN whose telephone number is (313)446-6568. The examiner can normally be reached Mon-Thurs: 8:00am - 5:00pm EST.
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/JOSEPH BROWN/Primary Examiner, Art Unit 3618
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