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 .
Claims 1-8, 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Miller [US Pat # 4,208,925] in view of
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)(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 1-8, 10-15 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Miller [US Pat # 4,208,925].
Regarding claim 1: Miller shows a control system for gear selection of a transmission vehicle for an electrically driven vehicle, said control system being configured for the electrically driven vehicle (“…wherein battery 43 is connectable through main disconnect switch 44 to supply a voltage V.sub.B to the operational circuits 46 of the vehicle and to the regulated power supply 47 of the transmission control…”) , wherein said control system comprises a gear selection control device (32) and a gear selection input device (36+39), the gear selection input device (36+39) comprising a user input element for selectively holding a constant gear (“…an operator-controlled hold switch 39 is provided. By operation of this switch the vehicle operator may inhibit shifting of the transmission and hold it in the gear that it is in…”), and wherein said control system is adapted to hold a constant gear of the transmission while the user input (39) element is activated (hold signal H).
the control system is adapted to hold a constant gear of the transmission during a traveling direction change of the electrically driven vehicle from rearward to forward or vice
versa while the user input element is activated (“…generating a hold signal,
inhibiting the step of shifting from said actual gear to a desired gear found in carrying out the steps of claim 33 for as long as said hold signal is present…”).
Regarding claim 2: Miller shows wherein holding a constant gear comprises inhibiting an automatic gear ratio shift of the transmission for the electrically driven vehicle by overriding a command for an automatic gear ratio shift from the gear selection control device (“…an operator-controlled hold switch 39 is provided. By operation of this switch the vehicle operator may inhibit shifting of the transmission and hold it in the gear that it is in…”).
Regarding claim 3: Miller shows wherein said command for an automatic gear ratio shift is issued by the gear selection control device in dependence of one or more of: a longitudinal inclination of the vehicle, a mass of the vehicle, a power limit of the vehicle or any combination thereof (“…If the transmission had been in a higher gear when the operator shifted the cane into reverse, the system will remain in automatic mode and the S=TR signal will be delayed until the transmission has shifted down into the minimum automatic gear and the vehicle speed has reduced to less than 2 mph. At that time the TR signal will be generated to shift the transmission from minimum automatic gear to reverse…”).
Regarding claim 4: Miller shows wherein said command for an automatic gear ratio shift is issued in response to a traveling direction change of the vehicle from rearward to forward or vice versa (“…the system will remain in automatic mode and the S=TR signal will be delayed until the transmission has shifted down into the minimum automatic gear and the vehicle speed has reduced to less than 2 mph. At that time the TR signal will be generated to shift the transmission from minimum automatic gear to reverse…).
Regarding claim 5: Miller shows wherein the user input element is one of a push button, a lever (36) or a touch screen.
Regarding claim 6: Miller shows wherein the control system (32) is adapted to hold a constant gear while the user input element (36) is maintained in an actuated position.
Regarding claim 7: Miller shows wherein the control system is adapted such that holding a constant gear is allowed up to a predetermined vehicle speed (“…this requires first that the hold switch 39 be open so that the hold signal H is low. Secondly, the S=TR signal must be low, i.e., vehicle speed is less than 2 mph and the transmission is not in a gear higher than the minimum automatic gear…”).
Regarding claim 8: Miller shows a transmission arrangement for an electrically driven vehicle, comprising a transmission having at least two gears and a control system according to claim 1 (see abstract).
Regarding claim 10: Miller shows A vehicle comprising the control system according to claim 1.
Regarding claim 11: Miller shows A method for gear selection of a transmission for an electrically driven vehicle, the vehicle comprising a gear selection control device and a gear selection input device, the gear selection input device comprising a user input element for selectively holding a constant gear, wherein the method comprises:
holding a constant gear of the transmission during a traveling direction change of the electrically driven vehicle from rearward to forward or vice, in response to an activation of the user input element (“…generating a hold signal, inhibiting the step of shifting from said actual gear to a desired gear found in carrying out the steps of claim 33 for as long as said hold signal is present…”).
Regarding claim 12: Miller shows wherein holding a constant gear comprises inhibiting an automatic gear ratio shift by overriding a command for an automatic gear ratio shift from the gear selection control device (see claim 45: “…generating a hold signal,
inhibiting the step of shifting from said actual gear to a desired gear found in carrying out the steps of claim 33 for as long as said hold signal is present…” ).
Regarding claim 13: Miller shows wherein holding a constant gear comprises inhibiting a command for an automatic gear ratio shift issued by the gear selection control device, wherein said command is issued in response to a traveling direction change of the vehicle from rearward to forward or vice versa (“…this requires first that the hold switch 39 be open so that the hold signal H is low. Secondly, the S=TR signal must be low, i.e., vehicle speed is less than 2 mph and the transmission is not in a gear higher than the minimum automatic gear…”).
Regarding claim 14: Miller shows wherein holding a constant gear comprises holding a constant gear while the user input element is maintained in an actuated position (“… If the operator wishes to hold the transmission in gear, without a shifting thereof, he can close switch 39 (FIG. 1) to ground the input..”).
Regarding claim 15: Miller shows further comprising abandoning holding a constant gear when the vehicle reaches a predetermined vehicle speed (see claim 98 : “… means for periodically determining the actual speed of said engine and for producing an underspeed signal when the speed of said engine is less than a predetermined limit, means responsive to the production of said underspeed signal for terminating said hold signal to remove the inhibition of shifting when said underspeed signal is produced…”)
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Miller [US Pat # 4,208,925] in view of Bowman [US Pub # 2020/0094695].
Regarding claim 9: Miller does not explicitly show wherein the traveling direction of the vehicle is changed from rearward to forward or vice versa by changing a rotation direction of the at least one electric motor. However, Bowman shows wherein the traveling direction of the vehicle is changed from rearward to forward or vice versa by changing a rotation direction of the at least one electric motor ([0019]).
It would have been obvious to someone having ordinary skill in the art at the time of the invention to have implemented a electric motor to serve as a backup or assisting source of power to move the vehicle in rearward and forward direction.
Response to Arguments
Applicant's arguments filed on 04/08/2026 have been fully considered but they are not persuasive.
The added new limitations are taught by Miller, Miller shows the control system being configured for the electrically driven vehicle (“…wherein battery 43 is connectable through main disconnect switch 44 to supply a voltage V.sub.B to the operational circuits 46 of the vehicle and to the regulated power supply 47 of the transmission control…”)
holding a constant gear of the transmission during a traveling direction change of the electrically driven vehicle from rearward to forward or vice, in response to an activation of the user input element (“…generating a hold signal, inhibiting the step of shifting from said actual gear to a desired gear found in carrying out the steps of claim 33 for as long as said hold signal is present…”).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKARIA ELAHMADI whose telephone number is (571)270-5324. The examiner can normally be reached on M-F 10-6 EST.
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/ZAKARIA ELAHMADI/
Examiner, Art Unit 3618
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