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.
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/WILLIAM C JOYCE/Primary Examiner, Art Unit 3618