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 .
Election/Restrictions
Applicant's election with traverse of Group I, in the reply filed on 8/6/2025 is acknowledged. The traversal is on the ground(s) that the prior art does not teach a synchromesh for transmitting power. This is not found persuasive because this was not the special technical feature identified in the restriction/election requirement. Nevertheless, the prior art does indeed teach a sub-shifting unit with a synchromesh, as detailed in the 102 rejection below.
The requirement is still deemed proper and is therefore made FINAL.
Claims 5-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements submitted on 5/22/2024 and 8/21/2025 have been considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “355” has been used to designate two separate synchromesh devices in Figure 4. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Page 15, line 12 recites “using the synchromesh 255” which appears to be a typographical error. Reference numeral 355 is the only reference numeral used to denote a synchromesh.
Appropriate correction is required.
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, 3 and 4 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Asada et al. (USPN 6,241,066 B1).
Asada discloses a shifting method of a transmission for a work vehicle including a main shifting unit and a sub-shifting unit, the shifting method comprising: providing a main shifting unit (10/20) including a plurality of main shifting gear pairs (see Fig. 2) and at least one main hydraulic shifting device (11a, 12a, 21a-24a) for transmitting power by selecting one of the main shifting gear pairs; providing a sub-shifting unit (30) including a plurality of sub-shifting gear pairs (30b, 30c and associated meshed gears, see Fig. 2), at least one synchromesh (30a) for transmitting power by selecting one of the sub-shifting gear pairs, and a sub-shifting actuator (30e) for operating the synchromesh; separating (Column 10, lines 10-17) all of the main hydraulic shifting devices from the main shifting gear pairs before shifting using the sub-shifting unit; and shifting (Column 10, lines 22-28) the sub-shifting unit by operating the synchromesh using the sub-shifting actuator; wherein the synchromesh of the sub-shifting unit is controlled by one sub-shifting actuator (see Fig. 4); wherein a hydraulic shifting valve device (41-46, 49, 51) for controlling the main hydraulic shifting device is provided, and the hydraulic shifting valve device is provided using a proportional control valve (49 is a provided proportional control valve) or an on-off control valve.
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(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Asada et al. (USPN 6,241,066 B1) in view of Fukumoto et al. (USPN 6,138,528).
Asada discloses the claimed invention, except for wherein the sub-shifting actuator is operated by electricity or hydraulic pressure.
Fukumoto discloses a sub-shifting actuator (C5) that is hydraulicly operated (Column 3, lines 65-67) to shift a sub-shifting unit (S5).
It would have been obvious to one having ordinary skill in the art at the time the application as filed to have modified the shifting method of Asada to have the sub-shifting actuator be hydraulically actuated, in order to eliminate the need for a mechanical linkage between the user and the sub-shifting synchromesh.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAKE COOK whose telephone number is (571)272-5968. The examiner can normally be reached M-F 8:00-4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAKE COOK
Primary Examiner
Art Unit 3618
/Jake Cook/Primary Examiner, Art Unit 3618
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