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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 Lines 3-4: The recitation “in a torque-proof manner” is indefinite. In particular, it is unclear what the limitation is meant to limit.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mishima (JP 2007-062664 A).
Regarding Claim 1, Mishima discloses a gear stage selection device (1) for selecting gear stages of a motor vehicle transmission, said gear stage selection device comprising:
A shaft (23).
An axially displaceable slider apparatus (42).
A selection lever (9), which is coupled to the shaft and the slider apparatus in such a way that (i) in a case of a forward movement of the selection lever or in a case of a reverse movement of the selection lever, the shaft twists (see Fig. 2, showing second shaft 25 passes through a hole 24 in the shaft 23, pinning its movement to the selection in a forward backward rotation), and (ii) in a case of a left movement of the selection lever or a right movement of the selection lever, the slider apparatus moves in an axial direction (see Figs. 3a and 3b).
A rotation angle sensor (62) for detecting a rotation angle of the shaft.
A position sensor for detecting an axial position (63) of the slider apparatus, and a blocking apparatus (4) for selectively and mechanically blocking and releasing an axial displacement of the slider apparatus (see Fig. 2).
Regarding Claim 2, Mishima further discloses the gear stage selection device according to claim 1, wherein:
The slider apparatus comprises a slider element (44a) which is arranged on the shaft so as to be axially displaceable in relation to the shaft (see Figs. 3a and 3b) and is connected to the shaft in a torque-proof manner (as best understood, the shaft slides through the slider element and accordingly isn’t transferring torque in the axial direction), and the selection lever is hinged to the slider element (see Fig. 3a).
Regarding Claim 3, Mishima further discloses the gear stage selection device according to claim 1, wherein:
The shaft is arranged in an axially displaceable manner (see Figs. 3a and 3b), the slider apparatus comprises the shaft (see Fig. 3a), and the selection lever is hinged to the shaft (see Fig. 3a).
Regarding Claim 4, Mishima further discloses the gear stage selection device according to claim 1, further comprising a locking device (14, 32) for locking the slider apparatus in at least one locking position (see [0028] of the translation, disclosing a detent pin and guide recess, which would provide feel and keep the selection member locked to a selected gear).
Regarding Claim 17, Mishima further discloses a motor vehicle comprising the gear stage selection device of claim 1 (see [0002] of the translation).
Allowable Subject Matter
Claims 5-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY WEBER whose telephone number is (571)272-3307. The examiner can normally be reached 9AM - 5PM M-F.
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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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/GREGORY ROBERT WEBER/Primary Examiner, Art Unit 3618
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