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 03/05/2026 has been entered. Claims 1-9 and 11-21 remain pending in the application. Applicant’s amendments to the claims have overcome each and every 112(b) rejection previously set forth in the Non-Final Office Action mailed 12/05/2025.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 line 16 reads “pathway”, --path-- is suggested.
Appropriate correction is required.
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 1-2, 11, 13-14 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 116677779 A) in view of Skogward (SE 509539 C2).
Regarding claim 1, Chen discloses a shifter assembly (see Fig. 1; see NPL, Technical field, wherein the invention relates to the field of gear shifting devices) for a vehicle (see NPL, content of the invention, wherein the controlled object comprises a vehicle), the shifter assembly comprising: a base (1) defining an opening (11) extending therethrough; a shifter handle (2; note that the NPL, Specific implementation examples states “the control lever 2 includes a first rotating member 21, a second rotating member 22 and a handle 23”) extending through the opening of the base and pivotably coupled to the base (see Fig. 2, via 211 and 221); and a plurality of actuators (4), each actuator of the plurality of actuators being pivotably coupled to the base (see Fig. 3 and 4, at 12 via 6) at a first end of that actuator (lower end of 4 in the figure) and pivotably coupled to the shifter handle (see Fig. 2, at 21, 22 via 5) at a second end of that actuator (upper end of 4 in the figure) that is opposite the first end (see Fig. 2). Chen fails to disclose a plurality of electronic actuators are configured to permit movement of the shifter handle relative to the base in a predetermined virtual path and inhibit movement of the shifter handle relative to the base outside the predetermined virtual path wherein the plurality of electronic actuators are configured to move in response to the shifter handle moving along the predetermined virtual path to permit the movement of the shifter handle in the predetermined virtual pathway while inhibiting the movement of the shifter handle outside of the predetermined virtual pathway. However, Skogward teaches a plurality of electronic actuators (see Fig. 1, 13 and 15; see attached English translation, page 6, 6th paragraph, wherein the system described above can be realized by means of electric actuators) are configured to permit the movement of the shifter handle (1) relative to the base (see Fig. 4, 52) in a predetermined virtual path (see Fig. 9, 58) and prevent movement of the shifter handle relative to the base outside the predetermined virtual path wherein the plurality of electronic actuators are configured to move in response to the shifter handle moving along the predetermined virtual pathway to permit movement of the shifter handle in the predetermined virtual path while inhibiting the movement of the shifter handle outside of the predetermined virtual pathway (see attached English translation, page 6, paragraph 2-5, wherein “The driver is allowed to move the lever 1 to the R position and when the R position is taken, the [actuators are controlled] thereby blocking the control lever against continued movement”, “until the M mode is taken. The position is sensed by the position sensors 48, 49, which via the control unit 28 [controls the actuators] whereby the lever 1 is blocked against continued shifting in the same direction”; and “When M-mode is taken, [the actuator is actuated] thereby locking the lever against continued select movement in the same direction”. It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Chen with electric actuators, as taught by Skogward, to provide a basic structure for an operating device which can be used for several different types of control applications and movement patterns (see attached English translation, page 2, Disclosure of the Invention). First, if the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention's limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F,3d 1298, 1305, 51 USPQ20 1161, 1165 (Fed. Cir. 1999). In this instance, for an electric vehicle merely states the intended use of the shifter assembly, and is therefore not considered a claim limitation and is of no significance to claim construction. Additionally, the shifter assembly of Chen can inherently be used in an electric vehicle. Second, MPEP 2144.04(V)(B) states “that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice.” See In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). The limitation “a monolithic base” is disclosed by the drawings, however, the specification does not provide any reasoning or benefit for using a monolithic base. As such, Applicant has failed to demonstrate the criticality of a monolithic base, and it is therefore appropriate to rely solely on case law as the rationale to support an obviousness rejection, i.e., a matter of design choice.
Regarding claim 2, the combination of claim 2 elsewhere above would necessarily result in the following limitations: the base (Chen, 1) includes: an upper plate (Chen, upper plate of 1 where 11 is provided) defining the opening (Chen, 11); and a plurality of rigid supports (Chen, vertical sides of 1, 12), each rigid support extending downward from a peripheral portion of the upper plate (Chen, Fig. 1), the first end of each electronic actuator of the plurality of electronic actuators (Chen, lower end of 4) pivotably coupled to a respective rigid support of the plurality of rigid supports (Chen, Fig. 4, wherein the lower end of 4 is coupled to 12 via 6).
Regarding claim 11, the combination of claim 1 elsewhere above would necessarily result in the following limitations: the plurality of electronic actuators (Skogward; 13, 15) are linear actuators (Skogward, page 6, 6th paragraph, wherein servo controlled ball nut screws are disclosed).
Regarding claim 13, Chen discloses a shifter assembly (see Fig. 1; see attached NPL, Technical field, wherein the invention relates to the field of gear shifting devices) for a vehicle (see attached NPL, content of the invention, wherein the controlled object comprises a vehicle), the shifter assembly comprising: a base (1) including a plate (upper plate of 1 where 11 is provided) and at least one rigid support (vertical sides of 1, 12) extending downward from a peripheral portion of the plate (see Fig. 1), the plate defining an opening (11) near a center portion thereof (see Fig. 1); a shifter handle (2; note that the NPL, Specific implementation examples states “the control lever 2 includes a first rotating member 21, a second rotating member 22 and a handle 23”) extending through the opening of the plate, the shifter handle including a first portion (21) pivotably coupled to the plate (via 211) and a second portion (22) coupled to the at least one rigid support (via 221), the first portion located between an upper end of the shifter handle (23) and the second portion (see Fig. 2, wherein 21 is located between 22 and 23); a plurality of actuators (4), each actuator including a housing (see Fig. 6, 41) and a sleeve (42) slidably engaged with the housing, one of the housing and the sleeve of each actuator of the plurality of actuators being pivotably coupled to the at least one rigid support (see Fig. 4, at 12 via 6) at a first end of that actuator (lower end of 4 in the figure) and the other of the housing and the sleeve of each actuator of the plurality of actuators being pivotably coupled to the shifter handle (see Fig. 2, at 21, 22 via 5) at a second end of that actuator (upper end of 4 in the figure) that is opposite the first end (see Fig. 2). Chen fails to disclose the plurality of actuators are configured to permit movement of the shifter handle relative to the base in a predetermined virtual path and inhibit movement of the shifter handle relative to the base outside the predetermined virtual path, wherein the plurality of electronic actuators are configured to move in response to the shifter handle moving along the predetermined virtual path to permit the movement of the shifter handle in the predetermined virtual pathway while inhibiting the movement of the shifter handle outside of the predetermined virtual pathway. However, Skogward teaches a plurality of actuators (see Fig. 1, 13 and 15; see attached English translation, page 6, 6th paragraph, wherein the system described above can be realized by means of electric actuators) are configured to permit movement of the shifter handle (1) relative to the base (see Fig. 4, 52) in a predetermined virtual path (see Fig. 9, 58) and prevent movement of the shifter handle relative to the base outside the predetermined virtual path, wherein the plurality of electronic actuators are configured to move in response to the shifter handle moving along the predetermined virtual pathway to permit movement of the shifter handle in the predetermined virtual pathway while inhibiting movement of the shifter handle outside of the predetermined virtual pathway (see attached English translation, page 6, paragraph 2-5, wherein “The driver is allowed to move the lever 1 to the R position and when the R position is taken, the [actuators are controlled] thereby blocking the control lever against continued movement”, “until the M mode is taken. The position is sensed by the position sensors 48, 49, which via the control unit 28 [controls the actuators] whereby the lever 1 is blocked against continued shifting in the same direction”; and “When M-mode is taken, [the actuator is actuated] thereby locking the lever against continued select movement in the same direction”. It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Chen with electric actuators, as taught by Skogward, to provide a basic structure for an operating device which can be used for several different types of control applications and movement patterns (see attached English translation, page 2, Disclosure of the Invention). First, if the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention's limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F,3d 1298, 1305, 51 USPQ20 1161, 1165 (Fed. Cir. 1999). In this instance, for an electric vehicle merely states the intended use of the shifter assembly, and is therefore not considered a claim limitation and is of no significance to claim construction. Additionally, the shifter assembly of Chen can inherently be used in an electric vehicle. Second, MPEP 2144.04(V)(B) states “that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice.” See In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). The limitation “a monolithic base” is disclosed by the drawings, however, the specification does not provide any reasoning or benefit for using a monolithic base. As such, Applicant has failed to demonstrate the criticality of a monolithic base, and it is therefore appropriate to rely solely on case law as the rationale to support an obviousness rejection, i.e., a matter of design choice.
Regarding claim 14, Chen discloses the plurality of actuators (4) are pivotably coupled to the shifter handle (2) at a location (at the bottom of 5) that is below where the shifter handle is pivotably coupled to the base (at the top of 211, 221).
Regarding claim 17, the combination of claim 13 elsewhere above would necessarily result in the following limitations: the plurality of actuators (Skogward; 13, 15) are electronic actuators (Skogward, page 6, 6th paragraph, wherein the system described above can be realized by means of electric actuators).
Regarding claim 18, the combination of claim 13 elsewhere above would necessarily result in the following limitations: the plurality of electronic actuators (Skogward; 13, 15) are linear actuators (Skogward, page 6, 6th paragraph, wherein servo controlled ball nut screws are disclosed).
Claim 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 116677779 A) in view of Skogward (SE 509539 C2) and Strait (US 20070204718 A1).
Regarding claim 3, Chen fails to disclose a vertical drive post secured to the upper plate of the base; and a motor operatively connected to the vertical drive post and configured to move the base in a vertical direction between a deployed position and a retracted position. However, Strait teaches a vertical drive post (see Fig. 1, 34) secured to the upper plate of the base (upper plate of 22 via 56); and a motor (42) operatively connected to the vertical drive post and configured to move the base (22) in a vertical direction between a deployed position (see Fig. 2) and a retracted position (see Fig. 1). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Chen with a vertical drive post and a motor, as taught by Strait, to move the shift mechanism from a stowed position and an operating position (see paragraph [0004]), so that convenient use of the space can be used for carrying passengers or cargo; so that the shift lever does not disturb movement of a person to and from the driver’s seat to the front passenger’s seat; so that the height of the shift lever is reduced during non-use; and so that the use of the shift mechanism is prevented in the stowed position which acts as an anti-theft device.
Regarding claim 4, the combination of claim 3 elsewhere above would necessarily result in the following limitations: a lower plate (Strait, Fig. 2, 12) configured to be secured to a structure of the electric vehicle (Strait, 20), the lower plate defining an aperture (Strait, aperture where 34 is provided at 46), wherein the vertical drive post is received in the aperture (Strait, Fig. 2).
Regarding claim 5, Chen fails to disclose a first vertical drive post secured to the base; a first motor operatively connected to the first vertical drive post and configured to move the base in a vertical direction between a deployed position and a retracted position; a second vertical drive post secured to the base; and a second motor operatively connected to the second vertical drive post and configured to move the base in the vertical direction between the deployed position and the retracted position. However, Strait teaches a first vertical drive post (34) secured to the base (22); a first motor (42) operatively connected to the first vertical drive post and configured to move the base in a vertical direction between a deployed position (Fig. 2) and a retracted position (Fig. 1); a second vertical drive post (36) secured to the base (22). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Chen with a first and second vertical drive post and a motor, as taught by Strait, to move the shift mechanism from a stowed position and an operating position (see paragraph [0004]), so that convenient use of the space can be used for carrying passengers or cargo; so that the shift lever does not disturb movement of a person to and from the driver’s seat to the front passenger’s seat; so that the height of the shift lever is reduced during non-use; and so that the use of the shift mechanism is prevented in the stowed position which acts as an anti-theft device. Chen in view of Strait fail to disclose a second motor. However, it has been held that a duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In this instance, providing a second motor would produce the expected result of allowing smaller motors to split the load demand of raising and lowering the shift assembly. As a result of the combination, the following limitations would necessarily result: the second motor (Strait, 42) operatively connected to the second vertical drive post (Strait, 36) and configured to move the base (Chan, 1) in the vertical direction between the deployed position (Strait, Fig. 2) and the retracted position (Strait, Fig. 1). Note paragraph [0022] of Strait, wherein both guide rods 34, 36 can be rotatable and have screw threads when desired and/or there can be more than two of the guide rods 34, 36 when desired.
Regarding claim 6, Chen fails to disclose a lower plate configured to be secured to a structure of the electric vehicle and defining a drive post aperture and a plurality of guide post apertures. However, Strait teaches a lower plate (see Fig. 2, 12) configured to be secured to a structure of the electric vehicle (20) and defining a drive post aperture and a plurality of guide post apertures (apertures of 36 at 48; Note paragraph [0022], wherein both guide rods 34, 36 can be rotatable and have screw threads when desired and/or there can be more than two of the guide rods 34, 36 when desired). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Chen with a lower plate with a plurality of guide post apertures, as taught by Strait, to provide a guide to move the shift mechanism from a stowed position and an operating position (see paragraph [0004]), so that convenient use of the space can be used for carrying passengers or cargo; so that the shift lever does not disturb movement of a person to and from the driver’s seat to the front passenger’s seat; so that the height of the shift lever is reduced during non-use; and so that the use of the shift mechanism is prevented in the stowed position which acts as an anti-theft device.
Regarding claim 7, Chen fails to disclose a plurality of vertical guide posts secured to the base, each vertical guide post of the plurality of vertical guide posts being received in a respective guide post aperture of the plurality of guide post apertures; a vertical drive post secured to the base and received in the drive post aperture; and a motor operatively connected to the vertical drive post and configured to move the base and the shifter handle in a vertical direction between a deployed position and a retracted position. However, Strait teaches a plurality of vertical guide posts (36; Note paragraph [0022], wherein both guide rods 34, 36 can be rotatable and have screw threads when desired and/or there can be more than two of the guide rods 34, 36 when desired) secured to the base (12, 22), each vertical guide post of the plurality of vertical guide posts being received in a respective guide post aperture of the plurality of guide post apertures (apertures of 36 at 48); a vertical drive post (34) secured to the base and received in the drive post aperture (aperture of 34 at 6); and a motor (42) operatively connected to the vertical drive post and configured to move the base and the shifter handle (16) in a vertical direction between a deployed position (see Fig. 2) and a retracted position (see Fig. 1). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Chen with a plurality of guide posts and a motor, as taught by Strait, to move the shift mechanism from a stowed position and an operating position (see paragraph [0004]), so that convenient use of the space can be used for carrying passengers or cargo; so that the shift lever does not disturb movement of a person to and from the driver’s seat to the front passenger’s seat; so that the height of the shift lever is reduced during non-use; and so that the use of the shift mechanism is prevented in the stowed position which acts as an anti-theft device.
Claim 8-9 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 116677779 A) in view of Skogward (SE 509539 C2) and Galaxy.
Regarding claim 8, the combination of claim 1 elsewhere above would necessarily result in the following limitations: a controller (Chen, content of the invention, wherein a controller is disclosed) in communication with the plurality of electronic actuators (Skogward; 13, 15) and configured to send instructions to the plurality of electronic actuators, the instructions corresponding to the predetermined virtual path (Skogward, page 6, paragraph 2-5, “until the M mode is taken. The position is sensed by the position sensors 48, 49, which via the control unit 28 [controls the actuators] whereby the lever 1 is blocked against continued shifting in the same direction”). Chen fails to disclose a plurality of wires. However, Galaxy teaches a plurality of wires (see title). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Chen with a plurality of wires, as taught by Galaxy, to replace the wireless system with a less expensive option which is not prone to disruptions or degradation of wireless signals caused by external factors or other devices emitting electromagnetic radiation in the same frequency range. As a result of the combination, the following limitations would necessarily result: each wire of the plurality of wires (Galaxy, wires) connected to the controller (Chen, controller) and a respective electronic actuator of the plurality of electronic actuators (Skogward; 13, 15).
Regarding claim 9, the combination of claim 8 elsewhere above would necessarily result in the following limitations: the plurality of wires are ribbon wires (Galaxy, ribbon wires).
Regarding claim 15, the combination of claim 1 elsewhere above would necessarily result in the following limitations: a controller (Chen, content of the invention, wherein a controller is disclosed) in communication with the plurality of actuators (Skogward; 13, 15) and configured to send instructions to the plurality of electronic actuators, the instructions corresponding to the predetermined virtual path (Skogward, page 6, paragraph 2-5, “until the M mode is taken. The position is sensed by the position sensors 48, 49, which via the control unit 28 [controls the actuators] whereby the lever 1 is blocked against continued shifting in the same direction”). Chen fails to disclose a plurality of wires. However, Galaxy teaches a plurality of wires (see title). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Chen with a plurality of wires, as taught by Galaxy, to replace the wireless system with a less expensive option which is not prone to disruptions or degradation of wireless signals caused by external factors or other devices emitting electromagnetic radiation in the same frequency range. As a result of the combination, the following limitations would necessarily result: each wire of the plurality of wires (Galaxy, wires) connected to the controller (Chen, controller) and a respective actuator of the plurality of actuators (Skogward; 13, 15).
Regarding claim 16, the combination of claim 8 elsewhere above would necessarily result in the following limitations: the plurality of wires are ribbon wires (Galaxy, ribbon wires).
Claim 12 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 116677779 A) in view of Skogward (SE 509539 C2) and OpenXC.
Regarding claim 12, Chen discloses the shifter handle (2) includes a shaft (shaft of 2), the shaft extending through the opening (11) in the base (1). Chen fails to disclose the shifter handle includes a knob; and a haptic motor is disposed within the knob. However, OpenXC teaches the shifter handle includes a knob (see page 2, knob on shifter handle); and a haptic motor is disposed within the knob (see Haptic Feedback). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Strait with a haptic motor disposed within the knob, as taught by OpenXC, to provide a haptic feedback shift knob which allows drivers to shift appropriately (see page 1, first paragraph).
Regarding claim 19, Chen discloses the shifter handle (2) includes a shaft (shaft of 2), the shaft extending through the opening (11) in the base (1). Chen fails to disclose the shifter handle includes a knob; and a haptic motor is disposed within the knob. However, OpenXC teaches the shifter handle includes a knob (see page 2, knob on shifter handle); and a haptic motor is disposed within the knob (see Haptic Feedback). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Strait with a haptic motor disposed within the knob, as taught by OpenXC, to provide a haptic feedback shift knob which allows drivers to shift appropriately (see page 1, first paragraph).
Claim 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 116677779 A) in view of Skogward (SE 509539 C2), Strait (US 20070204718 A1) and Galaxy.
Regarding claim 20, Chen discloses a shifter assembly (see Fig. 1; see attached NPL, Technical field, wherein the invention relates to the field of gear shifting devices) for a vehicle (see attached NPL, content of the invention, wherein the controlled object comprises a vehicle), the shifter assembly comprising: a base (1) and a plurality of rigid supports (vertical sides of 1, 12) extending downward from a peripheral portion of the upper plate (see Fig. 1), the upper plate defining an opening (11) near a center portion thereof (see Fig. 1); a shifter handle (2; note that the NPL, Specific implementation examples states “the control lever 2 includes a first rotating member 21, a second rotating member 22 and a handle 23”) extending through the opening of the upper plate of the base and pivotably coupled to the upper plate of the base at the opening (see Fig. 2, via 211, 221); a plurality of actuators (4), each actuator of the plurality of actuators being pivotably coupled to a respective rigid support of the plurality of rigid supports (see Fig. 4, at 12 via 6) at a first end of that actuator (lower end of 4 in the figure) and pivotably coupled to the shifter handle (see Fig. 2, at 21, 22 via 5) at a second end of that actuator (upper end of 4 in the figure) that is opposite the first end (see Fig. 2). Chen fails to disclose the plurality of actuators are configured to permit movement of the shifter handle relative to the base in a predetermined virtual path and prevent movement of the shifter handle relative to the base outside the predetermined virtual path, wherein the plurality of electronic actuators are configured to move in response to the shifter handle moving along the predetermined virtual path to permit the movement of the shifter handle in the predetermined virtual pathway while inhibiting the movement of the shifter handle outside of the predetermined virtual pathway. However, Skogward teaches a plurality of actuators (see Fig. 1, 13 and 15; see attached English translation, page 6, 6th paragraph, wherein the system described above can be realized by means of electric actuators) are configured to permit movement of the shifter handle (1) relative to the base (see Fig. 4, 52) in a predetermined virtual path (see Fig. 9, 58) and prevent movement of the shifter handle relative to the base outside the predetermined virtual path, wherein the plurality of electronic actuators are configured to move in response to the shifter handle moving along the predetermined virtual pathway to permit movement of the shifter handle in the predetermined virtual pathway while inhibiting movement of the shifter handle outside of the predetermined virtual pathway (see attached English translation, page 6, paragraph 2-5, wherein “The driver is allowed to move the lever 1 to the R position and when the R position is taken, the [actuators are controlled] thereby blocking the control lever against continued movement”, “until the M mode is taken. The position is sensed by the position sensors 48, 49, which via the control unit 28 [controls the actuators] whereby the lever 1 is blocked against continued shifting in the same direction”; and “When M-mode is taken, [the actuator is actuated] thereby locking the lever against continued select movement in the same direction”. It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Chen with electric actuators, as taught by Skogward, to provide a basic structure for an operating device which can be used for several different types of control applications and movement patterns (see attached English translation, page 2, Disclosure of the Invention). As a result of the combination, the following limitations would necessarily result: a controller (Chen, content of the invention, wherein a controller is disclosed) in communication with the plurality of electronic actuators (Skogward; 13, 15) and configured to send instructions to the plurality of electronic actuators, the instructions corresponding to the predetermined virtual path (Skogward, 58). Chen in view of Skogward fail to disclose a plurality of vertical drive posts secured to the upper plate of the base; a plurality of vertical guide posts secured to the upper plate of the base; a plurality of motors, each motor operatively connected to a respective vertical drive post of the plurality of vertical drive posts and configured to move the base in a vertical direction between a deployed position and a retracted position; a lower plate configured to be secured to a support structure of the electric vehicle and defining a plurality of drive post apertures and a plurality of guide post apertures, wherein each vertical drive post of the plurality of vertical drive posts is received in a respective drive post aperture of the plurality of drive post apertures, wherein each vertical guide post of the plurality of vertical guide posts is received in a respective guide post aperture of the plurality of guide post apertures. However, Strait teaches a plurality of vertical drive posts (34; Note paragraph [0022], wherein both guide rods 34, 36 can be rotatable and have screw threads when desired and/or there can be more than two of the guide rods 34, 36 when desired) secured to the upper plate (upper plate of 22 via 56) of the base (22); a plurality of vertical guide posts (36; Note paragraph [0022], wherein both guide rods 34, 36 can be rotatable and have screw threads when desired and/or there can be more than two of the guide rods 34, 36 when desired) secured to the upper plate of the base (via 56); a motor (42), the motor operatively connected to the vertical drive post and configured to move the base in a vertical direction between a deployed position (see Fig. 2) and a retracted position (see Fig. 1); a lower plate (12) configured to be secured to a support structure (20) of the vehicle and defining a plurality of drive post apertures (apertures for 34 at 46) and a plurality of guide post apertures (apertures for 36 at 48), wherein each vertical drive post of the plurality of vertical drive posts is received in a respective drive post aperture of the plurality of drive post apertures, wherein each vertical guide post of the plurality of vertical guide posts is received in a respective guide post aperture of the plurality of guide post apertures (see Fig. 1; Note paragraph [0022], wherein both guide rods 34, 36 can be rotatable and have screw threads when desired and/or there can be more than two of the guide rods 34, 36 when desired). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Chen in view of Skogward with a plurality of guide posts and a motor, as taught by Strait, to move the shift mechanism from a stowed position and an operating position (see paragraph [0004]), so that convenient use of the space can be used for carrying passengers or cargo; so that the shift lever does not disturb movement of a person to and from the driver’s seat to the front passenger’s seat; so that the height of the shift lever is reduced during non-use; and so that the use of the shift mechanism is prevented in the stowed position which acts as an anti-theft device. As a result of the combination, the following limitations would necessarily result: each rigid support of the plurality of rigid supports (Chen, vertical walls of 1, 12) engages the lower plate (Strait, 12) when the base (Chen, 1) is in the retracted position (Strait, Fig. 1) and is spaced apart from the lower plate when the base is in the deployed position (Strait, Fig. 2). Chen in view of Skogward and Strait fail to disclose a plurality of motors. However, it has been held that a duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In this instance, providing a plurality of motors would produce the expected result of allowing smaller motors to split the load demand of raising and lowering the shift assembly. Chen in view of Skogward and Strait fail to disclose a plurality of ribbon wires. However, Galaxy teaches a plurality of ribbon wires (see title). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Chen with a plurality of ribbon wires, as taught by Galaxy, to replace the wireless system with a less expensive option which is not prone to disruptions or degradation of wireless signals caused by external factors or other devices emitting electromagnetic radiation in the same frequency range. As a result of the combination, the following limitations would necessarily result: each ribbon wire of the plurality of ribbon wires (Galaxy, wires) connected to the controller (Chen, controller) and a respective actuator of the plurality of actuators (Skogward, 13, 15). First, if the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention's limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F,3d 1298, 1305, 51 USPQ20 1161, 1165 (Fed. Cir. 1999). In this instance, for an electric vehicle merely states the intended use of the shifter assembly, and is therefore not considered a claim limitation and is of no significance to claim construction. Additionally, the shifter assembly of Chen can inherently be used in an electric vehicle. Second, MPEP 2144.04(V)(B) states “that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice.” See In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). The limitation “a monolithic base” is disclosed by the drawings, however, the specification does not provide any reasoning or benefit for using a monolithic base. As such, Applicant has failed to demonstrate the criticality of a monolithic base, and it is therefore appropriate to rely solely on case law as the rationale to support an obviousness rejection, i.e., a matter of design choice.
Regarding claim 21, the combination of claim 20 elsewhere above would necessarily result in the following limitations: the plurality of actuators (Skogward; 13, 15) are electronic actuators (Skogward, page 6, 6th paragraph, wherein the system described above can be realized by means of electric actuators.
Response to Arguments
Applicant's arguments filed 03/05/2026 have been fully considered but they are not persuasive. Regarding Applicant’s argument that Chen fails to disclose “a shifter handle extending through the opening of the base and pivotably coupled to the base”, the Examiner respectfully disagrees. As can be seen in the rejection of claims 1, 13 and 20 above, the control rod 2 of Chen is relied upon as the control rod of the instant application, and the shell 1 of Chen is relied upon as the base. Fig. 1 of Chen shows control rod 2 extending through a through hole 11 in the shell 1. The NPL section of Chen, Specific implementation examples, reads “the control lever 2 includes a first rotating member 21, a second rotating member 22 and a handle 23…The first rotating member 21 comprises a first main body 212…The outer side of the first main body 212 opposite to the shell 1 is provided with a first rotating shaft 211…The first rotating shaft 211 is sleeved on the bracket 13 in the shell 1, so that the first rotating piece 21 can rotate around the length direction of the shell 1”. Additionally, the same section of the NPL reads “The second rotating member 22 comprises a second main body 222…The outer side of the second main body 222 opposite to the shell 1 is provided with a second rotating shaft 221…The second rotating shaft 221 is sleeved on the bracket 13 in the shell 1, so that the second rotating member 22 can rotate around the width direction of the shell 1”. As such, Chen clearly discloses that the control rod 2, which includes 21 and 22, is pivotably connected to the shell 1 via 211 and 221. Therefore, Chen discloses “a shifter handle extending through the opening of the base and pivotably coupled to the base”, as required by the claims.
Regarding Applicant’s argument that the cited references fail to disclose “the shifter handle including a first portion pivotably coupled to the plate and a second portion coupled to the at least one rigid support, the first portion located between an upper end of the shifter handle and the second portion”, the Examiner respectfully disagrees. As noted in the rejection of claim 13 above and as can be seen from the figures, Chen discloses the shifter handle (2; note that Chen discloses 2 includes 21, 22 and 23) including a first portion (21) pivotably coupled to the plate (via 211) and a second portion (22) coupled to the at least one rigid support (via 221), the first portion located between an upper end of the shifter handle (23) and the second portion (see Fig. 2, wherein 21 is located between 22 and 23). Therefore, Chen discloses “the shifter handle including a first portion pivotably coupled to the plate and a second portion coupled to the at least one rigid support, the first portion located between an upper end of the shifter handle and the second portion”.
Regarding Applicant’s argument that Chen fails to disclose “a shifter handle extending through the opening of the upper plate of the base and pivotably coupled to the upper plate of the base at the opening”, the Examiner respectfully disagrees. As stated in the arguments above, Chen clearly discloses a shifter handle extending through the upper plate of the base and pivotably coupled to the upper plate of the base. Additionally, the term “at” is a broad term. For example, I am at the basketball game sitting in the farthest row, and I am at the basketball game sitting courtside. Both statements use the phrase “at”, but there is some distance between the farthest row and courtside. Therefore, Chen discloses “a shifter handle extending through the opening of the upper plate of the base and pivotably coupled to the upper plate of the base at the opening”.
Given at least the arguments presented above, the amendments fail to overcome the prior art and the rejections are maintained.
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.
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/JOSEPH BROWN/Primary Examiner, Art Unit 3618