Prosecution Insights
Last updated: July 17, 2026
Application No. 18/910,804

OPERATING APPARATUS

Non-Final OA §102§103
Filed
Oct 09, 2024
Priority
May 27, 2022 — JP 2022-086659 +1 more
Examiner
LAUGHLIN, CHARLES S
Art Unit
Tech Center
Assignee
Alps Alpine Co., Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
295 granted / 384 resolved
+16.8% vs TC avg
Moderate +11% lift
Without
With
+10.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
32 currently pending
Career history
424
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
76.4%
+36.4% vs TC avg
§102
18.2%
-21.8% vs TC avg
§112
3.5%
-36.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 384 resolved cases

Office Action

§102 §103
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/9/24 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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) 1-6, and 8-9 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Shimamura et al. (US 2004/0139815). Regarding claim 1, Shimamura discloses (Fig. 1): An operating apparatus (fig. 1, all elements) comprising: an operating unit (2) configured to move according to a movement operation applied thereon (¶0046); a load application unit (7) configured to apply a load (Fig. 10, Fmot, ¶0087-¶0088) to the movement operation on of the operating unit based on predetermined load characteristics (stroke angle, torque, position, ¶0056), the load characteristics including: a first period (fig. 10, period S1 to S3) in which the load (Fmot) is decreased after the operating unit reaches a predetermined position (S2, ¶0087-¶0088); and a second period (S3, non-assist zone) in which the load is increased after the first period (S1-S3, assist zone); and an adjustment unit (14) configured to adjust the load characteristics in the first period based on a moving speed of the operating unit in the first period (fig. 23, assist zone, S1-s3, ¶0149-¶0150), wherein, the adjustment unit is further configured, when the moving speed in the first period (Fig. 10, s1-s3) is less than a predetermined speed (Fig. 24, S65, NO), to adjust the load characteristics so as to extend the first period (lowers torque and turns off motor to ensure period is the same length, Assist zone, S1-s3, ¶0149-¶0151). Regarding claim 2, Shimamura discloses (Fig. 23): wherein the adjustment unit is further configured to, when the moving speed in the first period is less than the predetermined speed, adjust the load characteristics so as to further decrease the load in the first period (Fig. 23, lowers load when past point S2, speed controls shifter, ¶0149-¶0151). Regarding claim 3, Shimamura discloses (Fig. 23): wherein the adjustment unit is further configured to: when the moving speed in the first period is less than the predetermined speed, adjust the load characteristics so as to extend the first period when the moving speed in the first period is less than the predetermined speed after the first period is extended, adjust the load characteristics so as to decrease the load in the extended first period (Fig. 23, the load is increased from point S1 to S2, then decreased at pint S3, ¶0087-¶0089). Regarding claim 4, Shimamura discloses (Fig. 23): wherein the adjustment unit is further configured to, after further decreasing the load in the first period (Fig. 23, S1-S3, becomes 0 at S3),adjust the load characteristics so as to gradually increase the load in the second period (increases again after S3, ¶0087-¶0090). Regarding claim 5, Shimamura discloses (Fig. 1): wherein the load application unit is configured to urge the operating unit in a same direction as the operating direction by decreasing the load in the first period (¶0087). Regarding claim 6, Shimamura discloses (Fig. 23): wherein the load application unit provides a tactile feel to the movement operation by decreasing the load in the first period (point S2-S3) and increasing the load in the second period (after S3, non-assist period, ¶0087-¶0090). Regarding claim 8, Shimamura discloses (Fig. 1): further comprising: a position detection unit (Fig. 1, 13) configured to detect a position of the operating unit (stroke angle, ¶0053),wherein the adjustment unit is further configured to determine whether the operating unit has reached the predetermined position based on a detection result of the position detection unit (¶0056). Regarding claim 9, Shimamura discloses (Fig. 1): wherein the movement operation includes at least one of a push operation, a rotating operation, and a sliding operation (¶0046, rotates). 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) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Shimamura et al. (US 2004/0139815) in view of Dejonge et al. (US 6,209,408). Regarding claim 7, Shimamura discloses the above elements from claim 1. Shimamura does not disclose: wherein the load application unit comprises a voice coil motor. However, Dejonge teaches (fig. 29): wherein the load application unit comprises a voice coil motor (Fig. 29, 192, Col. 11:43-67). Regarding claim 7, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the shifter device that regulates the torque and speed of the shifter while shifting from Shimamura (¶0149-¶0151) and use a voice coil motor to reduce size and increase efficiency in a shift device as taught by Dejonge (Col. 11:60-67). This would improve efficiency. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kobayashi (US 2013/0150207) – power transmission device Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S LAUGHLIN whose telephone number is (571)270-7244. The examiner can normally be reached Monday - Friday. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Colon-Santana can be reached at 571-272-2060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /C.S.L./Examiner, Art Unit 2837 /DAVID LUO/Primary Examiner, Art Unit 2837
Read full office action

Prosecution Timeline

Oct 09, 2024
Application Filed
Jun 23, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
87%
With Interview (+10.6%)
3y 0m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 384 resolved cases by this examiner. Grant probability derived from career allowance rate.

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