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 Objections
Claim 1 is objected to for the following informalities: Line 12 should read: “wherein the first axis and the second axis are located such that […]” for the purpose of grammatical clarity. Appropriate correction is required.
Claim 7 is objected to for the following informalities: Line 2 should read “the left and right transmission devices” or the like and line 4 should read “the left and right shift levers” or the like for consistency in the claims. Additionally, line 17 should read “within an operation range thereof” for consistency in the claim as an operation range of the left shift lever has not been previously introduced in claim 7 or claims 5 and 1 from which claim 7 depends. Furthermore, line 30 should read “within an operation range thereof” for consistency in the claim as an operation range of the right shift lever has not been previously introduced in claim 7 or claims 5 and 1 from which claim 7 depends. 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.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ito (US 2020/0014320 A1) in view of Kamakura (CN 210881678U, provided by applicant).
In regards to claim 1: Ito teaches a work vehicle, comprising:
a body (15);
a driver section (section containing seat 11) provided for the body;
a pair of left and right travel devices (2a and 2b respectively) provided for the body;
at least one manual operation member (6a and 6b) swingable about a first axis (axis about which they pivot (not shown), Paragraph 0037: “The operation amount (pivoting angle) of the left steering lever 6a is detected by a left steering angle detection sensor 80a, and the operation amount (pivoting angle) of the right steering lever 6b is detected by a right steering angle detection sensor 80b.”); and
an angle detection sensor (80a and 80b on each steering lever) wherein the angle detection sensor is configured to detect a position of the at least one manual operation member (Paragraph 0037 quoted above).
Ito fails to teach
at least one potentiometer comprising a detection arm, the detection arm swingable about a second axis parallel to the first axis and having a free end connected to the at least one manual operation member at a connection portion,
wherein the at least one potentiometer is configured to detect a position of the at least one manual operation member in response to the detection arm swinging about the second axis as a result of the at least one manual operation member swinging about the first axis, and
wherein the first axis and the second axis is located such that a second distance from the second axis to the connection portion is smaller than a first distance from the first axis to the connection portion.
However, Kamakura teaches a potentiometer as a detection sensor (12, Paragraph 0047 of translation provided by applicant: “the swing phase […] is detected through a detection sensor 12 consisting of a potentiometer”) comprising a detection arm (27), the detection arm swingable about a second axis (along shaft 26, Paragraph 0054: “At the part between the base 16 and the acceleration rod 7 of the shaft portion 26 for detection, there is an arm 27 that extends parallel to the accelerator rod 7 and can rotate integrally.”) parallel to a first axis (X) that the manual operation member swings about, and having a free end (lower end of 27) connected to the at least one manual operation member at a connection portion (28),
wherein the potentiometer is configured to detect a position of the at least one manual operation member in response to the detection arm swinging about the second axis as a result of the at least one manual operation member swinging about the first axis (Paragraph 0055 of translation provided by applicant: “When the acceleration lever 7 is operated in the forward and backwards directions, the arm 27 swings with this by the clamping of the setting pin 28 and the recessed groove 29, and furthermore, the detection sensor 12 can detect the swing phase of the acceleration rod.”), and
wherein the first axis and the second axis are located such that a second distance from the second axis to the connection portion is smaller than a first distance from the first axis to the connection portion (See Figure 2 where the connection portion 28 is at the bottom of lever arm 7 and is closer to the second axis than to the first axis X, Examiner notes that while exact dimensions are not given, the second axis is between the first axis and the connection portion and therefore must be closer to the connection portion than the first axis is).
Therefore, it would have been obvious to one of ordinary skill in the art with a reasonable expectation of success before the effective filing date of the claimed invention to have the lever arrangement of Kamakura on both the right and left shift levers of Ito with the right and left detection sensors of Ito being potentiometers as in Kamakura of the work vehicle of Ito so as to provide an uncomplicated lever and detection structure and minimize interference between wires and other structures as in Kamakura (Paragraphs 0005 and 0008 of the translation provided by applicant) thereby creating a more durable and longer lasting shift lever and work vehicle and minimizing the need for repairs due to breakage.
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In regards to claim 2: The work vehicle according to claim 1 is taught by Ito in view of Kamakura. The combination further teaches wherein: the second axis is located such that with the at least one manual operation member at a center position (Shown in Figure 1 of Kamakura) of an operation range (shown in Figure 1 of Kamakura with curved arrow showing range of lever 7) for the at least one manual member, the second axis is on an imaginary line extending through the connection portion and the first axis as viewed along the first axis (See both figures 1 and 2 of Kamakura, especially figure 1, where the manual operation member 7 is straight up and down in a central position between the forward and backward positions of the range, and the central line shown for the position that the manual operation member 7 is place in in the figure, when extended downwards, would extend through the connection portion 28, the second axis (about shaft 26), and the first axis (X).
In regards to claim 3: The work vehicle according to claim 1 is taught by Ito in view of Kamakura. The combination further teaches wherein the second axis is closer to the first axis than the connection portion is (See Figure 2 of Kamakura where the second axis is between the first axis and the connection portion so is necessarily closer to the first axis than the connection portion is to the first axis).
In regards to claim 4: The work vehicle according to claim 3 is taught by Ito in view of Kamakura. The combination further teaches wherein: the second axis is within an operating range for the at least one manual operation member as viewed along the first axis (See Figure 1 of Kamakura where the second axis (about shaft 26) is just below, along a straight vertical line on the manual operation member 7, the first axis X and is within the operating range (shown by curved arrow in Figure 1) for the at least one manual operation member as viewed along the first axis. Examiner notes that the view for Figure 1 is as if you were looking straight at and along the first axis (X).
In regards to claim 5: The work vehicle according to claim 1 is taught by Ito in view of Kamakura. The combination further teaches a left transmission device (21 of Ito) configured to operate the left travel device (2a of Ito, Paragraph 0042: “A speed instruction value is an instruction value of the rotation speed requested for each of the left motor 21 and the right motor 22 in order for each of the left driving wheel 2a and the right driving wheel 2b to achieve the rotation direction and the rotation speed, which constitute the operation instruction.”); and a right transmission device (22 of Ito) configured to operate the right travel device (2b of Ito, see quote of Paragraph 0042 above), wherein the at least one manual operation member comprises: a left manual operation member in a form of a left shift lever (6a of Ito shows left shift lever, arrangement of shift lever 7 shown in Kamakura, see combination above in regards to claim 1) for use to operate the left transmission device (Paragraph 0044 of Kamakura: “Here, in the present embodiment, when the left steering lever 6a is tilted in a forward direction relative to its position in the neutral state, the left motor 21 is rotated such that the left driving wheel 2a causes the electric riding lawn mower to travel in the forward direction. Similarly, when the left steering lever 6a is tilted in a backward direction relative to its position in the neutral state, the left motor 21 is rotated such that the left driving wheel 2a causes the electric riding lawn mower to travel in the backward direction.”) and disposed at a left portion of the driver section (Shown in Figure 1 of Ito); and a right manual operation member in a form of a right shift lever (6b of Ito shows right shift lever, arrangement of shift lever 7 shown in Kamakura, see combination above in regards to claim 1) for use to operate the right transmission device (Paragraph 0044: “When the right steering lever 6b is tilted in a forward direction relative to its position in the neutral state, the right motor 22 is rotated such that the right driving wheel 2b causes the electric riding lawn mower to travel in the forward direction. When the right steering lever 6b is tilted in a backward direction relative to its position in the neutral state, the right motor 22 is rotated such that the right driving wheel 2b causes the electric riding lawn mower to travel in the backward direction.”) and disposed at a right portion of the driver section (Shown in Figure of Ito), (See rejection of claim 1 where it would have been obvious to replace each of the right and left shift levers (6a and 6b) of Ito with the shift lever and potentiometer arrangement of Kamakura), and wherein the at least one potentiometer comprises: a left potentiometer (potentiometer of Kamakura on left of Ito where shift lever 7 and potentiometer arrangement replaces 6a) configured to produce a detection value as a basis for the operation of the left transmission device (See paragraph 0038 of Ito: “In the traveling control device 1, the target rotation speeds of the left driving wheel 2a and the right driving wheel 2b are calculated based on the operation amounts of the steering levers 6 detected by the left steering angle detection sensor 80a and the right steering angle detection sensor 80b. Furthermore, the amounts of power that are supplied to the left motor 21 and the right motor 22 are calculated from the respective target rotation speeds.” as well as Paragraph 0047 of Kamakura: “The swing phase of […] 7 […] is detected through a detection sensor 12 consisting of a potentiometer. […] the detection information of the detection sensor 12 is transmitted to the control device 13. The control device 13 has a microcomputer, and controls the action of the speed regulating device 14 of the engine 6 in a mode corresponding to the engine output and the detection information.”) ; and a right potentiometer (potentiometer of Kamakura on right of Ito where shift lever 7 and potentiometer arrangement replaces 6b) configured to produce a detection value as a basis for the operation of the right transmission device (see quotes of Ito and Kamakura directly above, examiner notes that the potentiometer of Kamakura and the sensor of Ito both work in the same way by detecting the position of the lever and outputting the position in order to control the motor/engine.).
In regards to claim 6: The work vehicle according to claim 5 is taught by Ito in view of Kamakura. The combination further teaches wherein the left potentiometer is between the left shift lever and a lateral center of the driver section, and the right potentiometer is between the right shift lever and the lateral center of the driver section. See Figures 1 and 3 of Kamakura, in light of the combination with Ito, where the potentiometer 12 is on the inside of the lever 7, which when placed on either the right or left side as in Ito would be between the lever of that side and the center of the driver section, shown at the seat of Ito.
Allowable Subject Matter
Claim 7 is 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.
Claim 7 recites a lever section swingable about a third axis orthogonal to the first axis and about the first axis integrally with the base section. The combination of Ito and Kamakura fails to teach the limitation as claimed. Specifically the lever and potentiometer arrangement of Kamakura is relied upon and does not teach that the handle 7a can swing about a third axis orthogonal to the first axis X. Additionally, there is no teaching, suggestion, or motivation nor would it be obvious to modify the combination of Ito and Kamakura, and specifically to further modify the lever arrangement of Kamakura to also rotate about a third axis orthogonal to the first axis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Winter (US 2022/0379947A1) teaches a drive control system with right and left levers. Yang (US 2020/0390031A1) teaches a riding lawn mower with right and left shift levers utilizing a potentiometer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL R HYMEL whose telephone number is (571)272-0389. The examiner can normally be reached Generally M-F 7:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABIGAIL R HYMEL/Examiner, Art Unit 3611
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