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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/04/2024 and 08/05/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Examiner.
Claim Objections
Claims 1 and 4 objected to because of the following informalities: claims 1 and 4 recite the limitation “a shift operation part” while the specification appears to use the term “a shift operation device includes an input part” making it more appropriate to amend the claims to either recite a “shift operation device” or a “shift operation device input part”. Appropriate correction is required.
Examiner’s Note
Examiner notes that the claims were considered for 35 U.S.C. 112(f) interpretations. Examiner considered “a shift operation part configured to indicate” as a generic place holder, however, based on the limitation reciting “operation of a switch corresponding to the shift position” and specification paragraph [0013] it is believed that the structure of the operation part is the switch itself.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6-7 and 9-14 of copending application Iizumi 009 (Application No. 18/854,009 hereinafter “Iizumi 009”).
Regarding claim 1 Iizumi 009 discloses:
18/854,324 clm 1
Iizumi clm 6 and clm 7
A control method for a vehicle, wherein the vehicle comprises a shift operation part configured to indicate a shift position when operation of a switch corresponding to the shift position is performed, the method comprising:
A control method for a vehicle, wherein the vehicle comprises a shift operation part configured to indicate a shift position when operation of a switch corresponding to the shift position is performed, the method comprising: (clm 6)
selecting a shift position in which power of a drive source is not transmitted to a drive wheel,
selecting a parking position that is a shift position in which power of a drive source is not transmitted to a drive wheel, (clm 6)
when a state in which a switch for a drive position that is a shift position in which the power of the drive source is transmitted to the drive wheel is operated overlaps
when a plurality of switches for shift positions other than the parking position are operated in a state in which a switch for the parking position has been operated; (clm 6)
a state in which a switch
and a switch for a reverse position that is a shift position in which the power of the drive source is transmitted to the drive wheel (clm 7)
for a reverse position that is a shift position in which the power of the drive source is transmitted to the drive wheel is operated.
and a switch for a reverse position that is a shift position in which the power of the drive source is transmitted to the drive wheel. (clm 7)
Regarding claim 2 Iizumi 009 discloses:
18/854,324 clm 2
Iizumi 009 clm 7, 10
The control method for the vehicle according to claim 1, wherein when the state in which the switch for the drive position is operated overlaps
wherein the plurality of the switches for the shift positions which are operated to overlap each other are… a switch for a drive position that is a shift position in which the power of the drive source is transmitted to the drive wheel, (clm 7)
the state in which the switch for the reverse position is operated,
and a switch for a reverse position that is a shift position in which the power of the drive source is transmitted to the drive wheel. (clm 7)
it is determined that a parking position that is a shift position in which the power of the drive source is not transmitted to the drive wheel is selected when a shift position determined immediately before these switch operations are performed is the parking position.
wherein when the plurality of the switches other than the switch for the parking position are operated, it is determined that the neutral position that is the shift position in which the power of the drive source is not transmitted to the drive wheel is selected unless a shift position determined immediately before the plurality of the switches are operated is the parking position, even if the switch for the neutral position is not included in the plurality of the operated switches. (clm 10)
Regarding claim 3 Iizumi 009 discloses:
18/854,324 clm 3
Iizumi 009 clm 11
The control method for the vehicle according to claim 1, wherein when the state in which the switch for the drive position is operated overlaps the state in which the switch for the reverse position is operated,
wherein when the plurality of the switches other than the switch for the parking position are operated, it is determined that the neutral position that is the shift position in which the power of the drive source is not transmitted to the drive wheel is selected when a shift position determined immediately before the plurality of the switches are operated is a drive position or a reverse position,
it is determined that a neutral position that is a shift position in which the power of the drive source is not transmitted to the drive wheel is selected
it is determined that the neutral position that is the shift position in which the power of the drive source is not transmitted to the drive wheel is selected
when a shift position determined immediately before those switch operations are performed is a shift position other than a parking position
when a shift position determined immediately before the plurality of the switches are operated is a drive position or a reverse position,
that is a shift position in which the power of the drive source is not transmitted to the drive wheel.
even if the switch for the neutral position is not included in the plurality of the operated switches.
Regarding claim 4 Iizumi 009 discloses:
18/854,324 clm 4
Iizumi 009 clm 9, clm 7
A control device for a vehicle, comprising: a shift operation part configured to indicate a shift position when operation of a switch corresponding to the shift position is performed;
A control device for a vehicle, comprising: a shift operation part configured to indicate a shift position when operation of a switch corresponding to the shift position is performed; (clm 9)
and a control section configured to select a shift position in which power of a drive source is not transmitted to a drive wheel, when a state in which a switch for a drive position that is a shift position in which the power of the drive source is transmitted to the drive wheel is operated overlaps
and a control section configured to: select a parking position that is a shift position in which power of a drive source is not transmitted to a drive wheel, when a plurality of switches for shift positions other than the parking position are operated in a state in which a switch for the parking position has been operated; (clm 9)
a state in which a switch for a reverse position that is a shift position in which the power of the drive source is transmitted to the drive wheel is operated.
and a switch for a reverse position that is a shift position in which the power of the drive source is transmitted to the drive wheel. (clm 7)
Regarding claim 5 Iizumi 009 discloses:
18/854,324 clm 5
Iizumi 009 clm 11, clm 10
The control method for the vehicle according to claim 1, wherein when the state in which the switch for the drive position is operated overlaps the state in which the switch for the reverse position is operated,
wherein when the plurality of the switches other than the switch for the parking position are operated, … when a shift position determined immediately before the plurality of the switches are operated is a drive position or a reverse position, (clm 11)
it is determined that a neutral position that is a shift position in which the power of the drive source is not transmitted to the drive wheel is selected,
it is determined that the neutral position that is the shift position in which the power of the drive source is not transmitted to the drive wheel is selected (clm 11)
unless a shift position determined immediately before these switch operations are performed is a parking position.
unless a shift position determined immediately before the plurality of the switches are operated is the parking position, (clm 10)
Regarding claim 6 Iizumi 009 discloses:
18/854,324 clm 6
Iizumi 009 clm 11
The control method for the vehicle according to claim 1, wherein when the state in which the switch for the drive position is operated overlaps the state in which the switch for the reverse position is operated,
wherein when the plurality of the switches other than the switch for the parking position are operated, it is determined that the neutral position that is the shift position in which the power of the drive source is not transmitted to the drive wheel is selected when a shift position determined immediately before the plurality of the switches are operated is a drive position or a reverse position,
it is determined that a neutral position that is a shift position in which the power of the drive source is not transmitted to the drive wheel is selected when a shift position determined immediately before these switch operations are performed is the drive position or the reverse position.
wherein when the plurality of the switches other than the switch for the parking position are operated, it is determined that the neutral position that is the shift position in which the power of the drive source is not transmitted to the drive wheel is selected when a shift position determined immediately before the plurality of the switches are operated is a drive position or a reverse position, even if the switch for the neutral position is not included in the plurality of the operated switches.
Regarding claim 7 Iizumi 009 discloses
18/854,324 clm 7
Iizumi 009 clm 12
The control method for the vehicle according to claim 6, wherein characters indicating the corresponding shift positions are marked on the respective switches corresponding to the respective shift positions,
wherein characters indicating the corresponding shift positions are marked on the respective switches corresponding to the respective shift positions,
and wherein the switches corresponding to the shift positions are disposed and arranged in a row in a horizontal direction of the characters marked on the switches.
and wherein the switches corresponding to the shift positions are disposed and arranged in a row in a horizontal direction of the characters marked on the switches.
Regarding claim 8 Iizumi 009 discloses:
18/854,324 clm 8
Iizumi 009 clm 13
The control method for the vehicle according to claim 7, wherein the switches corresponding to the shift positions each have a rectangular shape and are arranged adjacent to each other.
wherein the switches corresponding to the shift positions each have a rectangular shape and are arranged adjacent to each other.
Regarding claim 9 Iizumi 009 discloses:
18/854,324 clm 9
Iizumi 009 clm 14
The control method for the vehicle according to claim 7, wherein the switches corresponding to the shift positions are a P range button corresponding to the parking position,
The control method for the vehicle according to claim 12, wherein the switches corresponding to the shift positions are a P range button corresponding to the parking position,
an R range button corresponding to the reverse position,
an R range button corresponding to the reverse position,
an N range button corresponding to the neutral position
an N range button corresponding to the neutral position
and a D range button corresponding to the drive position, and are disposed and arranged in an order of the P range button, the R range button, the N range button and the D range button.
and a D range button corresponding to the drive position, and are disposed and arranged in an order of the P range button, the R range button, the N range button and the D range button.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Baek (US Pre-Granted Publication No. US 2016/0363214 A1 hereinafter “Baek”).
Regarding claim 1 Baek discloses:
A control method for a vehicle, wherein the vehicle comprises a shift operation part configured to indicate a shift position when operation of a switch corresponding to the shift position is performed, the method comprising: (Baek [0027-0030] wherein the vehicle includes a gear shift controller and buttons to select the desired output) selecting a shift position in which power of a drive source is not transmitted to a drive wheel, (Baek [0029] [0038] wherein when the parking is selected, power is not transmitted to the vehicle and other drive modes may not be available, such as when the vehicle is off and the brakes are not engaged) when a state in which a switch for a drive position that is a shift position in which the power of the drive source is transmitted to the drive wheel is operated (Baek [0061] wherein the switch operation can include operation from a button powering the vehicle and maintaining the gear selected) overlaps a state in which a switch (Baek [0061-0062] wherein overlapping switch operation can include changing the operation to a park or neutral position) …
Baek does not appear to explicitly disclose:
“for a reverse position that is a shift position in which the power of the drive source is transmitted to the drive wheel is operated.”
However, Baek discloses the claimed invention except for the specific reverse position of the vehicle as one of the simultaneous button presses, while Baek discloses how to operate the vehicle when more than one button is selected out of the finite options of park, neutral, reverse, and drive, as discussed in paragraphs [0061-0062]. It would have been obvious to one of ordinary skill in the art at the time of the invention to include a reverse button as a possible option when multiple buttons are actuated, as taught by Baek, in order to provide stability in the gear shift and prevent unwanted vehicle operations (Baek [0061-0062] [0008]).
Regarding claim 2 Baek discloses all of the limitations of claim 1 and Baek further discloses:
The control method for the vehicle according to claim 1, wherein when the state in which the switch for the drive position is operated overlaps (Baek [0027-0030] wherein the vehicle includes a gear shift controller and buttons to select the desired output) the state in which the switch for the reverse position is operated, (Baek [0060-0062] wherein multiple shift buttons may be operated, the controller determines what option is available and maintains or shifts gear based on the combination and available transmission state) it is determined that a parking position that is a shift position in which the power of the drive source is not transmitted to the drive wheel is selected when a shift position determined immediately before these switch operations are performed is the parking position. (Baek [0061-0062] wherein the vehicle executes the parking condition when the buttons are pressed that concurrently pressed while the vehicle is in the parking state, parking is maintained).
Baek does not appear to explicitly disclose:
overlaps the state in which the switch for the reverse position is operated,
However, Baek discloses the claimed invention except for the specific reverse position of the vehicle as one of the simultaneous button presses, while Baek discloses how to operate the vehicle when more than one button is selected out of the finite options of park, neutral, reverse, and drive, as discussed in paragraphs [0061-0062]. It would have been obvious to one of ordinary skill in the art at the time of the invention to include a reverse button as a possible option when multiple buttons are actuated, as taught by Baek, in order to provide stability in the gear shift and prevent unwanted vehicle operations (Baek [0061-0062] [0008]).
Regarding claim 3 Baek discloses all of the limitations of claim 1 and Baek further discloses:
The control method for the vehicle according to claim 1, wherein when the state in which the switch for the drive position is operated overlaps the state in which the switch for the reverse position is operated, (Baek [0060-0062] wherein multiple shift buttons may be operated, the controller determines what option is available and maintains or shifts gear based on the combination and available transmission state) it is determined that a neutral position that is a shift position in which the power of the drive source is not transmitted to the drive wheel is selected (Baek [0066] wherein the vehicle shifts to a neutral transmission state based on the determined vehicle characteristics even if the neutral state was not one of the selected operations) when a shift position determined immediately before those switch operations are performed is a shift position other than a parking position (Baek [0062] [0066] wherein the vehicle determines multiple switches have been operated, including in a neutral state) that is a shift position in which the power of the drive source is not transmitted to the drive wheel. (Baek [0066] wherein the vehicle shifts to a neutral transmission state based on the determined vehicle characteristics even if the neutral state was not one of the selected operations).
Baek does not appear to explicitly disclose:
overlaps the state in which the switch for the reverse position is operated,
However, Baek discloses the claimed invention except for the specific reverse position of the vehicle as one of the simultaneous button presses, while Baek discloses how to operate the vehicle when more than one button is selected out of the finite options of park, neutral, reverse, and drive, as discussed in paragraphs [0061-0062]. It would have been obvious to one of ordinary skill in the art at the time of the invention to include a reverse button as a possible option when multiple buttons are actuated, as taught by Baek, in order to provide stability in the gear shift and prevent unwanted vehicle operations (Baek [0061-0062] [0008]).
Regarding claim 4 Baek discloses:
A control device for a vehicle, comprising: a shift operation part configured to indicate a shift position when operation of a switch corresponding to the shift position is performed; (Baek [0027-0030] wherein the vehicle includes a gear shift controller and buttons to select the desired output) and a control section configured to select a shift position in which power of a drive source is not transmitted to a drive wheel, (Baek [0029] [0038] wherein when the parking is selected, power is not transmitted to the vehicle and other drive modes may not be available, such as when the vehicle is off and the brakes are not engaged) when a state in which a switch for a drive position that is a shift position in which the power of the drive source is transmitted to the drive wheel is operated (Baek [0061] wherein the switch operation can include operation from a button powering the vehicle and maintaining the gear selected) overlaps a state in which a switch (Baek [0061-0062] wherein overlapping switch operation can include changing the operation to a park or neutral position) …
Baek does not appear to explicitly disclose:
“for a reverse position that is a shift position in which the power of the drive source is transmitted to the drive wheel is operated.”
However, Baek discloses the claimed invention except for the specific reverse position of the vehicle as one of the simultaneous button presses, while Baek discloses how to operate the vehicle when more than one button is selected out of the finite options of park, neutral, reverse, and drive, as discussed in paragraphs [0061-0062]. It would have been obvious to one of ordinary skill in the art at the time of the invention to include a reverse button as a possible option when multiple buttons are actuated, as taught by Baek, in order to provide stability in the gear shift and prevent unwanted vehicle operations (Baek [0061-0062] [0008]).
Allowable Subject Matter
Claims 5-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and if double patenting claims are overcome.
Regarding claim 5-9 the relevant art Baek discloses operations when a plurality of transmission buttons are operated (Baek [0061-0062]) and placing the vehicle into a neutral position even when the neutral button isn’t selected (Baek [0066]) but fails to disclose shifting to neutral when immediately before the neutral position a parking, a drive, or a reverse transmission is selected. Specifically, the relevant art fails to disclose “wherein when the state in which the switch for the drive position is operated overlaps the state in which the switch for the reverse position is operated, it is determined that a neutral position that is a shift position in which the power of the drive source is not transmitted to the drive wheel is selected, unless a shift position determined immediately before these switch operations are performed is a parking position” or “wherein when the state in which the switch for the drive position is operated overlaps the state in which the switch for the reverse position is operated, it is determined that a neutral position that is a shift position in which the power of the drive source is not transmitted to the drive wheel is selected when a shift position determined immediately before these switch operations are performed is the drive position or the reverse position.”
Claims 7-9 would also be allowed due to their dependence on claim 6.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2012/176316 A1 discloses a shift lever with neutral or driving force interruption when certain parking operations are determined
US 7,441,474 B2 discloses a shift sensor for a vehicle with an automatic shift system detecting what position the vehicle operating state is in
US 2017/0274765 A1 discloses a vehicle with pushbutton shifter horizontally arranged on a dashboard
KR 2018/0077486 A discloses a lever and button shift system for a vehicle
KR 20040064429 A discloses an automatic transmission system with an inhibitor switch that prevents certain manual control of the shifter during operation
EP 4506595 A1 discloses a shift system for a vehicle with the ability to suppress unwanted or contrary intentions of the driver when contradictory shift operations overlap
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kyle T Johnson whose telephone number is (303)297-4339. The examiner can normally be reached Monday-Thursday 7:00-5:00 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wade Miles can be reached at (571) 270-7777. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE T JOHNSON/Examiner, Art Unit 3656
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