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, 3-6 and 15, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heinzelmann (EP 0232279).
Heinzelmann discloses and shows a gearshift arrangement comprising:
a first shift fork (Fig. 1, 2, items 11, 51) and a first shift rod (3), wherein the first shift rod is movable along a first shift rod axis (not labeled) and is configured to move the first shift fork between at least two positions,
wherein the first shift fork (3) comprises a first end (Fig. 3, at 21) which form a contacting interface with the first shift rod, a second end (at 22), opposite to the first end, and a pivot (13), located between the first end and the second end,
wherein the first shift fork (3) is rotatable about the pivot when it is moved by the first shift rod between its at least two positions,
wherein the first shift fork, at the first end thereof, comprises a first curved surface (21) and the first shift rod comprises a second surface (at 31), and
wherein the first curved surface and the second surface form the contacting interface therebetween arranged to move the first shift fork between its at least two positions,
wherein the first curved surface and the second surface are formed such that, when the first shift rod moves the first shift fork between its at least two positions, a normal of the respective first curved surface and the second surface at the contacting interface is continuously directed in a direction which is substantially parallel with the first shift rod axis of the first shift rod.
Cl. 3 – the first shift fork, at the first end thereof (21), comprises a tooth member and wherein the first shift rod comprises a groove (31), wherein the tooth member is received in the groove, and wherein the first curved surface is a tooth member side surface of the tooth member and the second surface is a groove side surface of the groove.
Cl. 4 – the tooth member is configured to rotate with respect to the groove when the first shift rod moves the first shift fork between its at least two positions, and wherein the tooth member is configured such that a thickness of the tooth member, as measured between two planes perpendicular to the first shift rod axis, is substantially the same at any position of the first shift fork when the first shift rod moves the first shift fork between its at least two positions (in other words, the width of the gear tooth does not change).
Cl. 5 – the tooth member and the groove are configured such that the tooth member is arranged with a play in the groove (see spacing, at 31, between the tooth member and groove).
Cl. 6 – the groove side surface is a planar surface which is perpendicular to the first shift rod axis.
Cl. 15 – the gearshift arrangement is for a vehicle.
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Heinzelmann as applied to claim 1, in view of Ruppert (DE 10 2008 024 317).
Heinzelmann discloses and shows the invention of claim 1 as described elsewhere above but does not include a biasing element as claimed. Ruppert discloses and shows a gearshift arrangement including a biasing element (see Fig. 1), the biasing element not only biases the shift fork downward but also locks the shift rod into the selected axial position, preventing unwanted movement, unwanted gear shifting and damage to the transmission.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Heinzelmann’s gearshift arrangement to include a biasing element that biases the shift fork downward and locks the shift rod into the selected axial position, thereby preventing unwanted movement, unwanted gear shifting and damage to the transmission as offered by Ruppert.
Claims 2, 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Heinzelmann as applied to claim 1.
Heinzelmann discloses and shows the invention of claim 1 as described elsewhere above. Regarding claim 2, Heinzelmann does not show either the first curved surface or the second curved surface having an involute profile. However, having such a profile would have been obvious to one having ordinary skill in view of MPEP 2144.04(IV)(B) which states, “[I]t has been noted that limitations relating to the shape are not sufficient to be patentably distinguishable over the prior art” in citing In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claims 9 and 12, Heinzelmann further includes a housing (not shown) and first gearwheel (Abstract), where the first shift fork is movable between the at least two positions, comprising a first shift fork first position in which the first gearwheel is locked to the housing (by way of being locked to its corresponding shaft which is mounted withing the housing) by the first shift fork and a first shift fork second position in which the first gearwheel is freely rotatable with respect to the housing (such is typical of gearwheel transmissions).
Heinzelmann does not include a second shift fork, second shift rod and second gearwheel. Including such and arranging them along a common axis would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in view of:
MPEP 2144.04(VI)(B-C) which states, “the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced” in citing In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960); and
MPEP 2144.04(VI)(C) which states, “shifting the position of the starting switch would not have modified the operation of the device” in citing In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Heinzelmann as applied to claim 9, in view of Norheim et al. (WO 2007/064221).
Heinzelmann discloses and shows the invention of claim 9 as described elsewhere above. Heinzelmann does not describe a second shift rod where the first and second shift rods are configured to abut one another. Norheim discloses and shows at Fig. 21, for example, a gearshift arrangement including a first shift rod (45) and a second shift rod (46) configured to abut one another such that movement to a forbidden gear position is prevented, wherein the forbidden gear position may comprise the first shift fork and the second shift fork simultaneously being in the first shift fork first position and the second shift fork first position (first gear position and second gear position, for example).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Heinzelmann gearshift arrangement to include the first and second shafts being configured to abut, such that a forbidden (unwanted) gear position is prevented as shown by Norheim.
Cl. 11 – end portions of the first and second shift rods are configured to abut, such that movement to the forbidden gear position is prevented.
Allowable Subject Matter
Claims 8, 13 and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: regarding claim 8, the prior art neither anticipates nor renders obvious a cylindrical supporting surface with a radius extending beyond the pivot, the shift rod being supported by the cylindrical support surface when the shift rod and shift fork move between its positions.
Regarding claims 13 and 14, while it is well known to have a gearshift arrangement to include first and second shift rods coaxial with each other, first and second pistons fixed to the first and second shift rods, respectively, a first chamber corresponding to the first shift rod and first piston, a second shaft corresponding to the second shift rod and second piston and a third chamber partly corresponding to the first shift rod and first piston and partly corresponding to the second shift rod and second piston, the prior art lacks a first shift rod first sleeve, first shift rod second sleeve, second shift rod first sleeve and second shift rod second sleeve.
Response to Arguments
Applicant’s arguments with respect to the rejected claims have been considered but are moot in view of new grounds.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references added to this Office Action include a gearshift arrangement where, between a shift rod, shift fork or shift finger/shifting element, a pivoting member having an end with a curved surface arranged within a member configured to move in an axial direction, the curved surface of the pivoting member being arranged within a recess of the member configured to move in the axial direction and a normal of the respective first curved surface and the second surface at the contacting interface is continuously directed in a direction which is substantially parallel with the first shift rod axis of the first shift rod.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 BOBBY RUSHING, JR whose telephone number is (571)270-0501. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
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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.
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/BOBBY RUSHING, JR/ Primary Examiner, Art Unit 3618
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