DETAILED ACTION
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 .
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.
Claims 1-2 and 4-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagashima (JP 2019-105318-A).
Regarding Claim 1, Nagashima discloses a rotary shift device (8) comprising:
A rotatable shift selector (8b).
An operation unit rotatable (8c, 8d, or 8e) in conjunction with rotation of the shift selector (see Fig. 2).
Regarding Claim 2, Nagashima further discloses the rotary shift device according to claim 1, wherein the operation unit is operable at a plurality of rotational positions of the shift selector (see [0033] of the translation, disclosing that when not in the R range, the R button 8d is pressed and then shifter is then moved to the R position).
Regarding Claim 4, Nagashima further discloses the rotary shift device according to claim 1, comprising a restricting portion (5) that restricts an operation of the operation unit at a predetermined rotational position of the shift selector (see [0034] of the translation).
Regarding Claim 5, Nagashima further discloses the rotary shift device according to claim 1, wherein an operation direction of the operation unit is different from a rotation direction of the shift selector (see Fig. 3, showing a downward arrow for the operation unit and a rotational direction for the shift selector).
Regarding Claim 6, Nagashima further discloses the rotary shift device according to claim 1, wherein, by operating the operation unit, rotation of the shift selector or movement of a vehicle is restricted or released from restriction (see [0033] and [0034] of the translation).
Regarding Claim 7, Nagashima further discloses the rotary shift device according to claim 1, wherein, by operating the operation unit, an instruction of a shift range position corresponding to a rotational position of the shift selector is restricted or released from restriction (see [0033] and [0034] of the translation).
Regarding Claim 8, Nagashima further discloses the rotary shift device according to claim 1, wherein, by rotating the shift selector and operating the operation unit, an instruction of a shift range position corresponding to a rotational position of the shift selector is restricted or released from restriction (see [0033] and [0034] of the translation; see also Fig. 3).
Regarding Claim 9, Nagashima further discloses the rotary shift device according to claim 1, wherein, by rotating the shift selector while operating the operation unit, an instruction of a shift range position corresponding to a rotational position of the shift selector is restricted or released from restriction (see [0033] and [0034] of the translation, discloses that the button has to be pressed and the shifter rotated for the gear change to be allowed, accordingly both signals must be present and active to allow the change).
Regarding Claim 10, Nagashima further discloses the rotary shift device according to claim 1, wherein, by operating the operation unit and then rotating the shift selector, an instruction of a shift range position corresponding to a rotational position of the shift selector is restricted or released from restriction (see [0047] of the translation).
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shamoto (JP 2002-052948-A),
Regarding Claim 1, Shamoto discloses a rotary shift device (see Figs. 2 and 3) comprising:
A rotatable shift selector (16).
An operation unit rotatable (17) in conjunction with rotation of the shift selector (see Figs. 2 and 3).
Regarding Claim 3, Shamoto further discloses the rotary shift device according to claim 1, further comprising an abutting member (27) on which a downstream side of the operation unit in an operation direction abuts (see Fig. 3), wherein an abutting surface of the abutting member is wider than an abutting surface (29) of the operation unit (see Fig. 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY WEBER whose telephone number is (571)272-3307. The examiner can normally be reached 9AM - 5PM M-F.
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/GREGORY ROBERT WEBER/Primary Examiner, Art Unit 3618