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 .
Response to Amendment
The amendment filed 02/04/2025 has been entered. Claims 1-7 remain pending in the application. Applicant’s amendments to the abstract and claims have overcome each and every objection previously set forth in the Non-Final Office Action mailed 12/09/2024.
Claim Objections
Claims 5-7 are objected to because of the following informalities:
Claim 5 line 10 reads “indicates the one”, --indicates one-- is suggested.
Claims 6-7 line 2 reads “the further”, --the further-- is suggested.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 line 10 recites the limitation “the at least one deflection direction of the toggle switch. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 line 13 recites the limitation “at least one of the two deflection direction”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 lines 17-18 recite the limitation “two deflection directions”. It is unclear if this limitation is referring to the at least one deflection direction recited in line 10, the at least one of the two deflection directions recited in line 13, or if this limitation requires an additional two deflection directions.
Claim 5 line 9 recites the limitation “the driving levels”. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 lines 10-11 recite the limitation “the one of the two deflection direction of the toggle switch”. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 lines 15-16 recite the limitation “a plurality of driving levels of the gearbox control device”. It is unclear if this limitation is referring to the further driving level recited in line 6, the driving levels recited in line 9 or if this limitation requires an additional plurality of driving levels.
Claim 6 line 1 recites the limitation “gearbox controller”. It is unclear if this limitation is referring to the gearbox control device recited in claim 1, or if this limitation requires an additional gearbox controller.
Claim 7 lines 1-2 recite the limitation “gearbox controller”. It is unclear if this limitation is referring to the gearbox control device recited in claim 5, or if this limitation requires an additional gearbox controller.
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) 1-2 and 5-7 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 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), and the user-actuatable monostable toggle switch is movable in exactly two deflection directions (see Fig. 1, 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 know and the corresponding displays shown.
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 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 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).
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 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sedlmaier (US 6360624 B1) in view of Gadola (US 20180163852 A1).
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 spatially separated from the toggle switch, and either the first switch is arranged on a steering wheel or a steering column, or the toggle switch is arranged on a center console, or the first switch is arranged on the steering wheel or the steering column and the toggle switch is arranged on the center console. However, Gadola teaches the first switch (see Fig. 1a, 10) is arranged on a steering wheel or a steering column (550). 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, as taught by Gadola, so that a driver can shift the vehicle without removing their hands from the steering wheel (see paragraph [0004]). As a result of the combination, the following limitations would necessarily result: the first switch (Gadola, 10) is spatially separated from the toggle switch (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 spatially separated from the toggle switch, and either the first switch is arranged on a steering wheel or a steering column, or the toggle switch is arranged on a center console, or the first switch is arranged on the steering wheel or the steering column and the toggle switch is arranged on the center console. However, Gadola teaches the first switch (see Fig. 1a, 10) is arranged on a steering wheel or a steering column (550). 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, as taught by Gadola, so that a driver can shift the vehicle without removing their hands from the steering wheel (see paragraph [0004]). As a result of the combination, the following limitations would necessarily result: the first switch (Gadola, 10) is spatially separated from the toggle switch (Sedlmaier, 1).
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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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