DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions
Status of Claims
Claims 1-20 of U.S. Application No. 18/537192 filed on 12/12/2023 have been examined.
Office Action is in response to the Applicant's amendments and remarks filed05/28/2026. Claims 2, 7 and 12 were amended. Claims 2-20 are presently pending and are presented for examination.
Response to Remarks/Arguments
In regards to rejection under 35 U.S.C. § 102 (b): Applicant’s arguments with respect to claims 2-20 have been fully considered and are not persuasive. Applicant is reminded that claims must be given their broadest reasonable interpretation. Applicant argues that Berg does not teach or suggest “the operating lever is pivotally supported and is configured such that one or more functions of the working vehicle to be performed in accordance with an instruction received by the operating lever being pivoted vary depending on the operation mode selected via the selector” Examiner respectfully disagrees. The examiner interprets the following section to clearly illustrate these features ([see at least Fig. 2A, 0034, 0039-0041, 0156 and 0174], “The operating lever 41 is a lever to cause the working vehicle 1 to perform various functions. Furthermore, the operating lever 41 is pivotally supported and is pivotable in at least one direction”, “As illustrated in FIGS. 2, 5, and 6, the operating device 40 includes a selector 51 to be operated to select an operation mode of the operating lever 41. The selector 51 is located in a vicinity of the operating lever 41 in the first region 16a. The selector 51 is, for example, a physical switch, and is a push-button switch (tactile switch) operated by being pressed, a dial-like switch such as a selector switch having a plurality of switching positions, or the like. In the present example embodiment, the selector 51 is a tactile switch. The operating lever 41 sequentially switches the operation mode in response to an operation of the tactile switch…The operating lever 41 is configured such that function(s) to be performed in accordance with an instruction received by the operating lever 41 vary(varies) depending on an operation mode selected via (by the operation of) the selector 51. In this way, the operating lever 41 can be operated to operate various functions of the working vehicle 1...”). Applicant also argues that Berg does not teach or suggest in claim 12 “the operating lever: ... is configured such that one or more functions of the working vehicle to be performed in accordance with an instruction received by the operating lever being pivoted vary depending on the operation mode selected via the selector," and "the operating lever is operable to, in the selected operation mode: receive an instruction to perform a predetermined standard function among the functions when the at least one operating switch is operated; and when the changeover switch is operated, receive an instruction to perform an expanded function of the working vehicle that is different from the standard function instead of the standard function when the at least one operating switch is operated", Examiner respectfully disagrees. The examiner interprets the following section to clearly illustrate these features ([see at least 0240, 0241 and 0242], “ Assume that functions to be performed in accordance with an instruction that is received by the operating lever 41 by the operation of the operating switch 42, based on the standard tables (the first to fourth standard tables) corresponding to the operation modes (the first to fourth modes), are each referred to as a “standard function”. The operating lever 41 can receive instruction(s) to operate function(s) (expanded function(s)) of the working vehicle 1 different from the standard functions upon operation of the operating switch(s) 42 instead of the standard function(s), in accordance with the operation of the changeover switch 53. That is, the operating lever 41 receives an instruction to perform a predetermined standard function among the functions by the operation of the operating switch 42 and, after the operation of the changeover switch 53, receives an instruction to perform an expanded (additional) function of the working vehicle 1 different from the standard function by the operation of the operating switch 42 instead of the standard function. In this way, a single operating switch 42 can receive instructions to operate a plurality of functions in accordance with the operation of the changeover switch 53. This makes it unnecessary to provide as many operating switches 42 as the number of functions of the working vehicle 1 on the operating lever 41. This can make operations of the operating switches 42 less complicated, thus further improving operability of the operating lever 41. Specifically, the operating lever 41 receives an instruction to perform a standard function by the operation of the operating switch 42 during a period where the changeover switch 53 is not being operated, and receives an instruction to perform an expanded function by the operation of the operating switch 42 during a period in which the changeover switch 53 is being operated. Since the operating switch 42 receives an instruction to perform an expanded function only in a period where the changeover switch 53 is being operated, the operator is less likely to mistakenly operate an expanded function”). Therefore Lim still meets the scope of the limitation as currently claimed.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim 2-20 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berg et al. [US 2006/0137931 A1], hereinafter referred to as Berg.
As to Claim 2, Berg discloses an operating device for a working vehicle, the operating device comprising: an operating lever to cause the working vehicle to perform various functions ([see at least Fig. 1A, Fig. 2A, Fig. 2B, Fig. 2C, 0017, 0028, 0032-0037, 0039, 0040 and 0041]); and a selector to select an operation mode of the operating lever ([see at least 0041 and 0048]); wherein the operating lever is configured such that one or more functions of the working vehicle to be performed in accordance with an instruction received by the operating lever vary depending on the operation mode selected via the selector ([see at least 0039, 0174 and 0175], “As illustrated in FIGS. 2, 5, and 6, the operating device 40 includes a selector 51 to be operated to select an operation mode of the operating lever 41. The selector 51 is located in a vicinity of the operating lever 41 in the first region 16a. The selector 51 is, for example, a physical switch, and is a push-button switch (tactile switch) operated by being pressed, a dial-like switch such as a selector switch having a plurality of switching positions, or the like. In the present example embodiment, the selector 51 is a tactile switch. The operating lever 41 sequentially switches the operation mode in response to an operation of the tactile switch…The operating lever 41 is configured such that function(s) to be performed in accordance with an instruction received by the operating lever 41 vary(varies) depending on an operation mode selected via (by the operation of) the selector 51. In this way, the operating lever 41 can be operated to operate various functions of the working vehicle 1... )
The operating lever is pivotally supported and is configured such that one or more functions of the working vehicle to be performed in accordance with an instruction received by the operating lever being pivoted vary depending on the operation mode selected via the selector ([see at least Fig. 2A, 0034, 0039-0041, 0156 and 0174], “The operating lever 41 is a lever to cause the working vehicle 1 to perform various functions. Furthermore, the operating lever 41 is pivotally supported and is pivotable in at least one direction”, “As illustrated in FIGS. 2, 5, and 6, the operating device 40 includes a selector 51 to be operated to select an operation mode of the operating lever 41. The selector 51 is located in a vicinity of the operating lever 41 in the first region 16a. The selector 51 is, for example, a physical switch, and is a push-button switch (tactile switch) operated by being pressed, a dial-like switch such as a selector switch having a plurality of switching positions, or the like. In the present example embodiment, the selector 51 is a tactile switch. The operating lever 41 sequentially switches the operation mode in response to an operation of the tactile switch…The operating lever 41 is configured such that function(s) to be performed in accordance with an instruction received by the operating lever 41 vary(varies) depending on an operation mode selected via (by the operation of) the selector 51. In this way, the operating lever 41 can be operated to operate various functions of the working vehicle 1...”).
As to Claim 3, Berg discloses an operating device, wherein a plurality of the operation modes include a first mode in which at least one or more work functions relating to work among the functions of the working vehicle are performed and a second mode in which at least one or more traveling functions relating to travel among the functions of the working vehicle are performed; the operating lever is operable to, in the first mode, receive an instruction to perform the one or more work functions by being pivoted; and the operating lever is operable to, in the second mode, receive an instruction to perform the one or more traveling functions by being pivoted([see at least Fig. 2A, 0034, 0039-0041, 0156 and 0174], “The operating lever 41 is a lever to cause the working vehicle 1 to perform various functions. Furthermore, the operating lever 41 is pivotally supported and is pivotable in at least one direction”, “As illustrated in FIGS. 2, 5, and 6, the operating device 40 includes a selector 51 to be operated to select an operation mode of the operating lever 41. The selector 51 is located in a vicinity of the operating lever 41 in the first region 16a. The selector 51 is, for example, a physical switch, and is a push-button switch (tactile switch) operated by being pressed, a dial-like switch such as a selector switch having a plurality of switching positions, or the like. In the present example embodiment, the selector 51 is a tactile switch. The operating lever 41 sequentially switches the operation mode in response to an operation of the tactile switch…The operating lever 41 is configured such that function(s) to be performed in accordance with an instruction received by the operating lever 41 vary(varies) depending on an operation mode selected via (by the operation of) the selector 51. In this way, the operating lever 41 can be operated to operate various functions of the working vehicle 1...”).
As to Claim 4, Berg discloses an operating device, wherein the operating lever includes at least one operating switch and is configured such that a function of the working vehicle to be performed in accordance with an instruction received by the operating lever by an operation of the at least one operating switch varies depending on the operation mode selected via the selector ([see at least Fig. 2A, 0034, 0039-0041, 0156 and 0174], “The operating lever 41 is a lever to cause the working vehicle 1 to perform various functions. Furthermore, the operating lever 41 is pivotally supported and is pivotable in at least one direction”, “As illustrated in FIGS. 2, 5, and 6, the operating device 40 includes a selector 51 to be operated to select an operation mode of the operating lever 41. The selector 51 is located in a vicinity of the operating lever 41 in the first region 16a. The selector 51 is, for example, a physical switch, and is a push-button switch (tactile switch) operated by being pressed, a dial-like switch such as a selector switch having a plurality of switching positions, or the like. In the present example embodiment, the selector 51 is a tactile switch. The operating lever 41 sequentially switches the operation mode in response to an operation of the tactile switch…The operating lever 41 is configured such that function(s) to be performed in accordance with an instruction received by the operating lever 41 vary(varies) depending on an operation mode selected via (by the operation of) the selector 51. In this way, the operating lever 41 can be operated to operate various functions of the working vehicle 1...”).
As to Claim 5, Berg discloses an operating device, wherein the plurality of operation modes include a third mode in which the one or more traveling functions and the one or more work functions are performed ([see at least 0041 and 0048]); the operating lever is operable to, in the third mode, receive an instruction to perform the one or more traveling functions by being pivoted ([see at least 0025, 0041 and 0048]); and a function of the working vehicle to be performed in accordance with an instruction received by the operation of the at least one operating switch in the third mode is different from a function of the working vehicle to be performed in accordance with an instruction received by the operation of the at least one operating switch in the second mode ([see at least Fig. 2A, 0034, 0039-0041, 0156 and 0174], “The operating lever 41 is a lever to cause the working vehicle 1 to perform various functions. Furthermore, the operating lever 41 is pivotally supported and is pivotable in at least one direction”, “As illustrated in FIGS. 2, 5, and 6, the operating device 40 includes a selector 51 to be operated to select an operation mode of the operating lever 41. The selector 51 is located in a vicinity of the operating lever 41 in the first region 16a. The selector 51 is, for example, a physical switch, and is a push-button switch (tactile switch) operated by being pressed, a dial-like switch such as a selector switch having a plurality of switching positions, or the like. In the present example embodiment, the selector 51 is a tactile switch. The operating lever 41 sequentially switches the operation mode in response to an operation of the tactile switch…The operating lever 41 is configured such that function(s) to be performed in accordance with an instruction received by the operating lever 41 vary(varies) depending on an operation mode selected via (by the operation of) the selector 51. In this way, the operating lever 41 can be operated to operate various functions of the working vehicle 1...”).
As to Claim 6, Berg discloses an operating device, wherein the plurality of operation modes include a fourth mode; and the operating lever is operable to, in the fourth mode: not receive an instruction to perform a function of the working vehicle even when pivoted; and receive an instruction to perform a function of the working vehicle when the at least one operating switch is operated ([see at least 0156, 0174, 0179 and 0198]).
As to Claim 7, Berg discloses an operating device, further comprising an indicator to provide an indication differently based on the operation mode selected via the selector ([see at least 0049]).
As to Claim 8, Berg discloses an operating device, wherein the indicator is provided on the operating lever ([see at least 0027, 0049 and 0052]).
As to Claim 9, Berg discloses an operating device, wherein the indicator includes a lamp to change a color thereof according to the operation mode selected via the selector ([see at least 0027, 0049 and 0052]).
As to Claim 10, Berg discloses an operating device, wherein the selector includes a physical switch ([see at least Fig. 2A, Fig. 2B, Fig. 2C]).
As to Claim 11, Berg discloses an operating device, wherein the selector includes a display image displayed on a display screen to receive an instruction to perform an operation ([see at least 0027, 0042 and 0049]).
As to Claim 12, Berg discloses an operating device for a working vehicle, the operating device comprising: an operating lever to cause the working vehicle to perform various functions; and an operable changeover switch; wherein the operating lever ([see at least 0156, 0174, 0179 and 0198]): includes at least one operating switch, and is operable to receive an instruction to perform a predetermined standard function among the functions when the at least one operating switch is operated ([see at least 0025, 0041, 0048. 0156, 0174 and 0175]); and is operable to, when the changeover switch is operated, receive an instruction to perform an expanded function of the working vehicle that is different from the standard function instead of the standard function when the at least one operating switch is operated ([see at least 0239, 0240 and 0242]).
As to Claim 13, Berg discloses an operating device, wherein the operating lever is operable to: receive an instruction to perform the standard function when the at least one operating switch is operated during a period when the changeover switch is not operated; and receive an instruction to perform the expanded function when the at least one operating switch is operated during a period when the changeover switch is operated ([see at least 0057]).
As to Claim 14, Berg discloses an operating device, wherein the at least one operating switch includes a light on an operation surface; and the light is operable to change a manner in which the light provides an indication depending on whether the changeover switch is operated or not ([see at least 0027, 0049 and 0052]).
As to Claim 15, Berg discloses an operating device, wherein the light includes: a first light provided on one of opposite portions of the operation surface to indicate the standard function; and a second light provided on the other of opposite portions of the operation surface to indicate the expanded function ([see at least 0027, 0049 and 0052]); the first light is operatable to turn on and the second light is operable to turn off in a case that the changeover switch is not operated; and the first light is operable to turn off and the second light is operable to turn on in a case that the changeover switch is operated ([see at least 0027, 0049 and 0052]).
As to Claim 16, Berg discloses an operating device, wherein the first light and the second light extend along an inner periphery of the operation surface and define a portion or an entirety of a contour of the inner periphery of the operation surface ([see at least 0027, 0049 and 0052]).
As to Claim 17, Berg discloses an operating device, further comprising an indicator to, when the changeover switch is operated, indicate that the changeover switch is operated ([see at least 0027, 0049 and 0052]). .
As to Claim 18, Berg discloses an operating device, wherein the indicator includes a lamp to blink to indicate that the changeover switch is operated ([see at least 0027, 0049 and 0052]).
As to Claim 19, Berg discloses an operating device, wherein the operating lever includes: a base portion that is pivotally supported in a vicinity of an operator's seat of the working vehicle ([see at least 0025, 0041, 0048. 0156, 0174 and 0175]); and a grip provided at a distal portion of the base portion ([see at least 0025, 0041, 0048. 0156, 0174 and 0175]); a plurality of the operating switches are provided on a surface of the grip that faces the operator's seat ([see at least 0025, 0041, 0048. 0156, 0174 and 0175]); and the changeover switch is provided on another surface of the grip that is different from the surface on which the plurality of operating switches are provided ([see at least 0025, 0041, 0048. 0156, 0174 and 0175]).
As to Claim 20, Berg discloses an operating device, wherein the changeover switch is provided on an upper surface located higher than the surface on which the plurality of operating switches are provided or on an opposite surface opposite the surface on which the plurality of operating switches are provided ([see at least 0025, 0041, 0048. 0156, 0174 and 0175]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YAZAN A SOOFI whose telephone number is (469)295-9189. The examiner can normally be reached on Flex schedule.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached on 572-272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YAZAN A SOOFI/Primary Examiner, Art Unit 3668
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