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 .
This is the first action on the merits for application 19/112,820. Responsive to the preliminary amendment filed 3/18/2025, Claims 1-6 are currently pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/18/2025 has been considered by the examiner.
Drawings
The drawings were received on 3/18/2025. These drawings are acceptable.
Claim Objections
Claim 1 is objected to because of the following informalities: line 11, “apply vibration” should be changed to - -apply the vibration- - for claim consistency (see, for reference, Claim 1, line 6, “apply vibration”). Appropriate correction is required.
Claim 2 is objected to because of the following informalities: line 2, “apply vibration” should be changed to - -apply the vibration- - for claim consistency (see, for reference, Claim 1, line 6, “apply vibration”). Appropriate correction is required.
Claim 2 is objected to because of the following informalities: lines 2-3, “a vibration application waveform” should be changed to - -the vibration application waveform- - for claim consistency (see, for reference, Claim 1, lines 11-12, “a vibration application waveform”). Appropriate correction is required.
Claim 2 is objected to because of the following informalities: line 4, “a range” should be changed to - -the range- - for claim consistency (see, for reference, Claim 1, line 12, “a range”). Appropriate correction is required.
Claim 4 is objected to because of the following informalities: line 12, “device is further comprises” should be changed to - -device further comprises- -. Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over JPS63185731U (Foreign Patent Document 1 listed on the IDS dated 3/18/2025). Note, all references herein are to Applicant’s supplied English language translation of JPS63185731U.
Regarding Claim 1, JPS63185731U discloses a clutch operation device (see Fig. 1) comprising: a clutch operator ((9); “clutch pedal”) configured to switch between an engaged state and a disengaged state, the engaged state involving power transmission performed between a traveling power source of a vehicle and wheels of the vehicle, the disengaged state involving the power transmission being cut off (see Fig. 1); a vibration applicator ((16); “vibration pressure generating device”) configured to apply vibration to the clutch operator; a transition state detector ((13); “potentiometer for detecting the stroke of the clutch lever”) configured to perform detection of a transition state between the engaged state and the disengaged state; and a vibration application controller ((15); “electronic control unit”) configured to activate the vibration applicator in accordance with the detection of the transition state (see “[Effect of the Invention]”, “a vibration pressure generating device is driven by an electrical signal that detects the clutch engagement start position of the clutch lever”).
However, JPS63185731U does not explicitly disclose wherein the vibration applicator is configured to apply vibration to the clutch operator with a vibration application waveform comprising a frequency component in a range from 100 Hz to 400 Hz.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the vibration applicator of JPS63185731U be configured to apply vibration to the clutch operator with a vibration application waveform comprising a frequency component in a range from 100 Hz to 400 Hz, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Additionally, it is noted that Applicant’s Admission of Prior Art (i.e., US 2009/0273458 A1) discloses a vibration application waveform comprising a frequency component in a range from 100 Hz to 400 Hz (see paragraph [0053] and Claim 21) for the intended purpose of alerting an operator. Therefore, Applicant’s claimed frequency range cannot be considered to provide an unexpected result.
Regarding Claim 2, JPS63185731U as modified above discloses the clutch operation device according to Claim 1 but does not explicitly disclose wherein the vibration applicator is configured to apply vibration to the clutch operator with a vibration application waveform comprising a dominant frequency within a frequency band in a range from 100 Hz to 400 Hz.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the vibration applicator of JPS63185731U be configured to apply vibration to the clutch operator with a vibration application waveform comprising a dominant frequency within a frequency band in a range from 100 Hz to 400 Hz, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Additionally, it noted that Applicant’s Admission of Prior Art (i.e., US 2009/0273458 A1) discloses a vibration application waveform comprising a dominant frequency within a frequency band in a range from 100 Hz to 400 Hz (see paragraph [0053] and Claim 21) for the intended purpose of alerting an operator. Therefore, Applicant’s claimed dominant frequency within a frequency band cannot be considered to provide an unexpected result.
Regarding Claims 3 and 6, JPS63185731U as modified above discloses the clutch operation device according to Claims 1 and 2 and further wherein the clutch operator is configured to switch between the engaged state and the disengaged state by switching between a crimped state and a separated state of a first friction element and a second friction element that are provided between the traveling power source and the wheels (see Fig. 1), and the transition state detector is configured to perform detection of the transition state based on a slip state between the first friction element and the second friction element (“represents the clutch state from engagement start to half-clutch”).
Allowable Subject Matter
Claims 4-5 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not disclose nor render obvious a clutch operation device wherein the vibration application controller is configured to increase amplitude of a vibration application waveform of the vibration applicator in accordance with an increase in the operation speed, in combination with the other elements required by independent Claim 4.
The prior art does not disclose nor render obvious a clutch operation device wherein the vibration application controller is configured to increase amplitude of a vibration application waveform of the vibration applicator in accordance with an increase in amplitude of the vibration input, in combination with the other elements required by independent Claim 5.
One of ordinary skill in the art would have no rationale, absent hindsight, to modify the prior art to derive the claimed invention since the above-mentioned limitations, in combination with the other claim limitations, are considered new and nonobvious improvements over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
BRADFIELD (US 2018/0065480 A1) discloses a manual transmission driving assistant that activates a clutch pedal vibration device (see paragraph [0021]).
TANIGAWA et al. (US 2021/0332557 A1) discloses a clutch control device based on vehicle cabin vibrations (see paragraph [0047]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN YOUNG whose telephone number is (571)272-4781. The examiner can normally be reached Monday - Friday 10:00 am - 6:00 pm (CST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob S Scott can be reached at (571)270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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EDWIN YOUNG
Primary Examiner
Art Unit 3655
/Edwin A Young/Primary Examiner, Art Unit 3655