Prosecution Insights
Last updated: October 27, 2026
Application No. 19/130,686

SHIFT DEVICE

Non-Final OA §102§103
Filed
May 16, 2025
Priority
Nov 18, 2022 — JP 2022-185317 +1 more
Examiner
JOYCE, WILLIAM C
Art Unit
3618
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Tokai Rika Co., Ltd.
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
1y 9m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
860 granted / 1235 resolved
+17.6% vs TC avg
Strong +16% interview lift
Without
With
+16.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
26 currently pending
Career history
1270
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
45.1%
+5.1% vs TC avg
§102
27.2%
-12.8% vs TC avg
§112
25.5%
-14.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1235 resolved cases

Office Action

§102 §103
DETAILED ACTION This is the First Office Action in response to the above identified patent application filed on May 16, 2025. 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. 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. Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (USPub 2015/0292614). Kim teaches a shift device, comprising: a first shift position (34, Fig. 2B) at which a first shift display is provided; a first detection unit (41, Fig. 3A) that detects a touch on the first shift position and selects the first shift position; a second shift position (35, Fig. 2B) at which a second shift display is provided; and a second detection unit (positioned to the right of 41, Fig. 3A, that is associated with 35) that has a gap (Fig. 3A) from the first detection unit at a second shift display side from a center between the first shift display and the second shift display and that detects a touch on the second shift position and selects the second shift position. Claim 2: Kim illustrates the first detection unit (can be considered component 43, Fig. 3A) is disposed (a portion of 43 extends to) at a center position between the first shift display and the second shift display. Claim 3: Kim teaches the first shift position is set to a shift position at which a vehicle is not driven (neutral position), and the second shift position is set to a shift position at which the vehicle is driven (drive). Claim 4: Kim illustrates (Fig. 3A) a boundary portion (either a gap or a wall surface) is provided between the first shift display and the second shift display. Claim 5: Kim illustrates the first detection unit is disposed at (adjacent to) a position of the boundary portion. Claim 6: Kim illustrates the gap between the first detection unit and the second detection unit is disposed at a position (adjacent to) of the boundary portion. Claim 7: Kim illustrates (Fig. 3A) the boundary portion a recess. Claim 8: Kim illustrates (embodiment of Fig. 4A) a dimension of the first detection unit (considered 35) is larger than a dimension of the second detection unit (34). Claim 9: Kim illustrates the first shift display is disposed at a side opposite to the second detection unit from a center of the first detection unit. 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) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ro et al. (CN 109747418 A) in view of Kim (USPub 2015/0292614). Referring to Figure 3, Ro teaches a control panel having a plurality of buttons (201), comprising: a first button (labeled as “OFF”) at which a first display is provided; a first detection unit (202a associated with the first button) that detects a touch on the first shift position and selects the first operation; a second button (labeled as “AUTO” or “AC”) at which a second display is provided; and a second detection unit (202a associated with second button) that has a gap (inherent) from the first detection unit at a second display side from a center between the first display and the second display and that detects a touch on the second button and selects the second operation. Ro does not teach the control panel configured to operate a vehicle transmission for shifting transmission modes. However, it was known in the art to use a control panel with buttons for controlling transmission modes. As described above, Kim teaches a control panel having buttons for controlling a transmission. It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed device to configure the control panel of Ro for controlling a vehicle transmission, as taught by Kim, motivation being to provide a simple and compact arrangement for controlling a transmission. Claim 2: Ro illustrates (Fig. 3) the first detection unit (202a associated with the first button) is disposed at a center position between the first display and the second display. Claim 3: Ro modified with Kim teach the first shift position is set to a shift position at which a vehicle is not driven (neutral position), and the second shift position is set to a shift position at which the vehicle is driven (drive). Claim 4: Kim illustrates (Fig. 3A) a boundary portion (inherent) is provided between the first shift display and the second shift display. Claim 5: Ro modified with Kim teaches the first detection unit (202a) is disposed at a position of the boundary portion. Claim 6: Ro modified with Kim teaches the gap between the first detection unit and the second detection unit is disposed at a position of the boundary portion. Claim 7: Ro teaches (Fig. 3A) the boundary portion is a protrusion to facilitate tactile identification of the button. Claim 8: Ro illustrates (Fig. 3) a dimension of the first detection unit (considered the “AUTO” button) is larger than a dimension of the second detection unit (considered the “OFF” button). Alternatively, Kim illustrates (embodiment of Fig. 4A) a dimension of the first detection unit (considered 35) is larger than a dimension of the second detection unit (34). Claim 9: Ro illustrates the first shift display is disposed at a side opposite to the second detection unit from a center of the first detection unit. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note the transmission shift devices having buttons to control a transmission mode. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C JOYCE whose telephone number is (571)272-7107. The examiner can normally be reached M-F 8:30-5:00. 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, Minnah Seoh can be reached at 571-270-7778. 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. /WILLIAM C JOYCE/Primary Examiner, Art Unit 3618
Read full office action

Prosecution Timeline

May 16, 2025
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12768431
THREE SPEED ELECTRIC VEHICLE TRANSMISSION
1y 11m to grant Granted Oct 20, 2026
Patent 12759137
DUAL ROBOT INCLUDING SPLAYED END EFFECTORS AND SYSTEMS AND METHODS INCLUDING SAME
2y 12m to grant Granted Oct 13, 2026
Patent 12747785
TRANSMISSION SYSTEM
2y 1m to grant Granted Sep 29, 2026
Patent 12736109
THREE SPEED ELECTRIC VEHICLE TRANSMISSION
1y 9m to grant Granted Sep 15, 2026
Patent 12736110
REVERSE DRIVE ASSEMBLY FOR MOTORIZED VEHICLE
1y 8m to grant Granted Sep 15, 2026
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
70%
Grant Probability
86%
With Interview (+16.0%)
3y 3m (~1y 9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1235 resolved cases by this examiner. Grant probability derived from career allowance rate.

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