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 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.
Claims 1-4, 6-are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kishiya JP 2001171385.
Regarding claim 1: Kishiya shows a working vehicle comprising:
a shift operation tool (13) to perform a shift operation;
a switching mechanism (33+34+35) to switch between a stepped shift operation state in which the shift operation tool (13) is shiftable stepwise and a continuously variable shift operation state in which the shift operation tool (13) is shiftable steplessly (see translation “…The high-speed range portion RH of the reverse operation range R is formed as a stepless speed change range in which the shift lever 13 is held at the stepped operation position and the continuously variable transmission 10 is held at the stepped speed state…”); and a switching operation tool ( element 30, or same as lever 13) to perform an operation of switching a state of the switching mechanism.
Note: in light of the specification, paragraph [0137] refers to both “shift operation tool” and “switching operation tool” as “main shift lever (20)”, however in alternative embodiment paragraph [0185] defines the switching operation tool (340) as rectangular plate shape different from the shift operation shaft.
Claim 1 is interpreted based on both alternative definitions of “the switching operation tool” mentioned in the specification.
Regarding claim 2: Kishiya shows wherein the switching mechanism includes: an engaged portion (33) provided in a vehicle body and including a plurality of recesses (35) corresponding to shift positions of the shift operation tool (13); and an engaging portion (34) movable relative to the shift operation tool (13); and
the switching operation tool (13) is configured to switch the engaging portion between a position where the engaging portion (34) is engageable with the recesses (35, see fig 2) and a position where the engaging portion is not engageable with the recesses ( see translation “…when performing a shifting operation in the operation area portions FL and RL where the positioning recesses 35 and 36 of the locking type position holding means 30 do not have the positioning recesses 35 and 36, the locking body 34 moves quietly...”).
Regarding claim 3: Kishiya shows wherein the switching mechanism includes a biasing portion (37) to constantly bias the engaging portion (34) toward the engaged portion (33).
Regarding claim 4: Kishiya shows wherein the switching mechanism includes a link mechanism (41) to interlockingly couple the switching operation tool (13) and the engaging portion (34).
Regarding claim 6: Kishiya shows wherein the switching mechanism includes:
a first contact portion (33) provided in the vehicle body; and a second contact portion (36) provided in the shift operation tool (13) to regulate an operation of the shift operation tool at any shift position (13) by a frictional force between the shift operation tool (13) and the first contact portion.
Regarding claims 7-11: Kishiya shows wherein the engaged portion (33) and the first contact portion are defined by a common structure.
Regarding claim 12: Kishiya shows wherein the switching operation tool includes a grip portion (13f) of the shift operation tool (13), and is switchable between the stepped shift operation state and the continuously variable shift operation state by rotating the grip portion (see translation “…The high-speed range portion RH of the reverse operation range R is formed as a stepless speed change range in which the shift lever 13 is held at the stepped operation position and the continuously variable transmission 10 is held at the stepped speed state…”).
Regarding claim 13: Kishiya shows wherein the switching operation tool (13) includes a grip portion (13f) of the shift operation tool (13), and is switchable between the stepped shift operation state and the continuously variable shift operation state by rotating the grip portion (see translation “…The high-speed range portion RH of the reverse operation range R is formed as a stepless speed change range in which the shift lever 13 is held at the stepped operation position and the continuously variable transmission 10 is held at the stepped speed state…”).
Regarding claim 14: Kishiya shows wherein the switching operation tool (13) includes a grip portion (13f, see fig 2) of the shift operation tool (13), and is switchable between the stepped shift operation state and the continuously variable shift operation state by rotating the grip portion (see translation “…The high-speed range portion RH of the reverse operation range R is formed as a stepless speed change range in which the shift lever 13 is held at the stepped operation position and the continuously variable transmission 10 is held at the stepped speed state…”).
Regarding claim 15: Kishiya shows wherein the switching operation tool includes a grip portion (see fig 2) of the shift operation tool (13), and is switchable between the stepped shift operation state and the continuously variable shift operation state by rotating the grip portion.
Regarding claims 16-19: Kishiya shows wherein the switching operation tool (30) and the shift operation tool (13) are defined by different structures.
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.
Claims 5 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kishiya [JP 2001171385] in view of Matsuoka [JP 2019011784].
Regarding claim 5: Kishiya does not explicitly show wherein the switching mechanism includes a wire mechanism to interlockingly couple the switching operation tool and the engaging portion using a wire. However, Matsuoka teaches wherein the switching mechanism includes a wire mechanism to interlockingly couple the switching operation tool and the engaging portion using a wire (see translation “…the shift lever functions as a kind of switch for instructing a shift, that is, a shift-by-wire command that does not act mechanically on the hydraulic circuit of the automatic transmission. Yes. Therefore, the shift lever operated by the driver is extremely small, and accordingly, the gate panel 10 is also small. The downsized gate panel 10 (that is, shift lever) can be disposed at an appropriate position such as an instrument panel that can be operated by the driver…”).
It would have been obvious to someone having ordinary skill in the art at the time of the effective filling date to have used a wire mechanism rather thank mechanical linkages, which allow more precise and smoother gear transitions, enhancing driving comfort.
Regarding claim 20: Kiyisha shows wherein the switching operation tool (30) and the shift operation tool (13) are defined by different structures.
Conclusion
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/ZAKARIA ELAHMADI/
Examiner, Art Unit 3618