DETAILED ACTION
Notice of 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 .
Benefit & Priority
Acknowledgment is made of applicant’s claim for domestic benefit under 35 USC 365 (c) with PCT/EP2024/059795 filed on 04/11/2024 and foreign priority under 35 U.S.C. 119 (a)-(d) with GB 2305623.7 filed on 04/17/2023. The certified copy of foreign priority has been filed with the Office on 10/16/2025. Accordingly, the earliest effective filing date has been recognized as 04/17/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/16/2025 was considered by the examiner.
Specification
The disclosure is objected to because of the informalities, below.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: A GEAR SHIFT SYSTEM INCLUDING ILLUMINABLE PORTION.
On or ~ line 5 of ¶ 0063, “first drive mode tothe second drive mode” should be changed to – first drive mode to the second drive mode – in order to put the Specification in proper form.
Appropriate correction is required.
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 1-2, 4, 7, 9, and 14-16 are rejected under 35 U.S.C. 102a(a)(1) as being anticipated by Reimers (DE 102011106874 A1; listed as Cite No. 3 under Foreign Patent Documents in the IDS filed on 10/16/2025; English machine translation provided and referred to as “Reimers”).
Re Claim 1:
Reimers discloses a gear shift system (described by the following and below) for a vehicle (vehicle, Page 13) comprising a steering wheel (steering wheel 101), the gear shift system comprising:
a plurality of gear shift paddles (input elements 102 and 103) associated with the steering wheel (association shown in Fig 1), each of the plurality of gear shift paddles (102, 103) being operable by a user of the vehicle to request a gear shift (Page 13);
wherein the plurality of gear shift paddles each comprise a illuminable portion (illuminated areas 104 and 105, for 102 and 103, respectively; Fig 1; Pages 13-14).
Re Claim 2:
The claim depends upon claim 1.
Reimers discloses wherein the illuminable portion (104, 105) is configured to selectively illuminate in dependence on a given vehicle drive mode, wherein:
in a first drive mode the illuminable portion of each of the plurality of gear shift paddles illuminates in a first colour (in one example, automatic mode, any of red, yellow, or green; last paragraph on Page 13, first paragraph on Page 14 and paragraph before LIST OF REFERENCES NUMBERS), and
in a second drive mode the illuminable portion of each of the plurality of gear shift paddles illuminates in a second, different, colour (in a second example; manual mode; id.).
Re Claim 4:
The claim depends upon claim 1.
Reimers further discloses wherein the illuminable portion (104, 105) comprises a transparent material or a translucent material (necessarily occurring for illuminated areas to illuminate).
Re Claim 7:
The claim depends upon claim 1.
Reimers further discloses wherein the gear shift requested by one of the plurality of gear shift paddles is a change-up gear shift (103, described as next higher gear on Page 13), configured to cause a transmission of the vehicle to change to a higher gear (id.), and the gear shift requested by another of the plurality of gear shift paddles is a change-down gear shift function (102, described next lower gear, id.), configured to cause ]the transmission of the vehicle to change to a lower gear (id.).
Re Claim 9:
The claim depends upon claim 2.
Reimer further discloses wherein in a third drive mode the illuminable portion of each of the plurality of gear shift paddles does not illuminate (inherent; in one example: when the car is not “on” and electricity is not suppled to lighting components to lighting areas).
Re Claim 14:
The claim is a dependent claim written in independent form and depends upon claim 9.
Reimers further discloses a vehicle (vehicle) comprising the gear shift system of claim 9 (see claim 9, above).
Re Claim 15:
The claim depends upon claim 14.
Reimers further discloses wherein in each of the first (automatic), second (manual), and (off) third drive modes, a state of a plurality of further vehicle systems are modified (described as active route guidance and Acknowledgment/ confirmation process; Page 14; the Examiner notes that the third mode modifies the further vehicles systems by causing them to stop).
Re Claim 16:
The claim is a dependent claim written in independent form that depends upon claim 1.
Reimers further discloses a vehicle (vehicle) comprising the gear shift of claim 1 (claim 1, above).
Claims 1, 3-5, 7, 10-11, and 16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Muramatsu et al. (US 20090127079 A1; “Muramatsu”).
Re Claim 1:
Muramatsu discloses a gear shift system (including at least lever switch 6; shown in at least Fig 1; described in at least ¶ 0040 as well as the following and below) for a vehicle (described in at least ¶¶ 0032-0033) comprising a steering wheel (steering wheel 1), the gear shift system (6) comprising:
a plurality of gear shift paddles (operation lever 10; plurality of 10 shown in Fig 2 transposed with Fig 1; see also ¶ 0039 which describes (since) the left-side and right-side lever switches 6 have same structure, only the right-side lever switch 6 will be described below) associated with the steering wheel (association shown in at least Figs 1-2 and described in at least ¶¶ 0041-0043), each of the plurality of gear shift paddles (each of 10) being operable by a user (specifically including by a thumb 14, an index finger 15, a middle finger 16, a third finger 17, and a little finger 18; Fig 1; ¶ 0042) of the vehicle to request a gear shift (specifically including a shift up and a shift down as described in ¶ 0041);
wherein the plurality of gear shift paddles (10) each comprise a illuminable portion (protruding portion 11; Figs 1, 6, and 10 transposed with Fig 2; at least ¶¶ 0042 and 0064).
Re Claim 3:
The claim depends upon claim 1.
Muramatsu further discloses wherein each gear shift paddle of the plurality of gear shift paddles (each 11 of the plurality of 11) comprises an LED (chip LED 26), the LED (26) configured to illuminate the illuminable portion (11) of each gear shift paddle of the plurality of gear shift paddles (Fig 10).
Re Claim 4:
The claim depends upon claim 1.
Muramatsu further discloses wherein the illuminable portion (11) comprises a transparent material or a translucent material (inherent due to at least the arrows shown in Fig 10).
Re Claim 5:
The claim depends upon claim 3.
Muramatsu further discloses wherein each gear shift paddle of the plurality of gear shift paddles (each 11 of the plurality of 11) comprises a light guide (photoconductor 50), the light guide (50) configured to transmit light (arrows) from the LED (26) to illuminate the illuminable portion (11) of each of the plurality of gear shift paddles (Fig 10).
Re Claim 7:
The claim depends upon claim 1.
Muramatsu further discloses wherein the gear shift requested by one of the plurality of gear shift paddles is a change-up gear shift (described in at least ¶ 0041 as a "+ (plus)" mark indicating shift up is placed), configured to cause a transmission of the vehicle to change to a higher gear (¶ 0041), and the gear shift requested by another of the plurality of gear shift paddles is a change-down gear shift function (described in at least ¶ 0041 as the left-side lever switch 6, not shown, a "- (minus) mark" indicating shift down is placed), configured to cause the transmission of the vehicle to change to a lower gear (¶ 0041).
Re Claim 10:
The claim depends upon claim 3.
Muramatsu further discloses wherein the illuminable portion (11) comprises a light obscuration region (black paint as described in ¶ 0066, specifically including the portion surrounding the marked portion 12) so that light emitted through the illuminable portion has a non-uniform appearance (described in ¶ 0066 as light can pass through only in the marked section 12).
Re Claim 11:
The claim depends upon claim 10.
Muramatsu further discloses wherein the light obscuration region (black paint) comprises an indicator indicative (12) of gear shift direction selectable by operation of the plurality of gear shift paddles (¶ 0066 transposed with ¶ 0041).
Re Claim 16:
The claim is a dependent claim that is written in independent form and depends upon on claim 1.
Muramatsu further discloses a vehicle (vehicle) comprising the gear shift system of claim 1 (claim 1).
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 3, 8, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Reimers.
Re Claim 3:
The claim depends upon claim 1.
Reimer further discloses wherein each gear shift paddle of the plurality of gear shift paddles (each of 102, 103) comprises an illuminator (inherent for the illumination of the illuminable portion (104, 105)), the illuminator configured to illuminate the illuminable portion of each gear shift paddle of the plurality of gear shift paddles (inherent).
With further regard to the illuminator, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention (“PHOSITA”) to recognize Reimer as at least suggesting the illuminator is an LED (due to the description in the third to last paragraph of Page 11 of LED).
Re Claim 8:
The claim depends upon claim 1.
Reimers further discloses wherein the gear shift requested by one of the plurality of gear shift paddles is a change-up gear shift (103, described as next higher gear on Page 13), configured to cause a transmission of the vehicle to change to a higher gear (id.), and the gear shift requested by another of the plurality of gear shift paddles is a change-down gear shift function (102, described next lower gear, id.), configured to cause ]the transmission of the vehicle to change to a lower gear (id.).
With further regard to each gear shift paddled of the plurality of shift paddles, rearrangement of parts is prima facie obvious. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); see also MPEP § 2144.04 VI C. The claims in the recited case are directed to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device. Similarly, in the instant claim, whether the gear shift is requested by another of the plurality of gear shift paddles (as disclosed by Reimer, above) or by a second, different, direction (as instantly claimed), the functionality for both is a configuration to cause the transmission of the vehicle to change to a lower gear. Therefore, it would have been obvious to a PHOSITA to recognize Reimer as at least suggesting an equivalent gear shift to the claimed gear shift for the purpose of having a configuration to cause the transmission of the vehicle to change to a lower gear.
Further, upon careful review of Applicant’s disclosure, instant claim 8 recites an obvious variant of claim 7 due to at least Applicant’s ¶¶ 0013-0014.
Re Claim 12:
The claim is a dependent claim written in independent form and depends upon claim 1.
Reimers further discloses driving system (described by the following and below) for a vehicle (vehicle), the driving system comprising:
the gear shift system of claim 1 (claim 1, above): and
a steering wheel (101), wherein the steering wheel comprises a second input element (input element 106).
With further regard to the second input element, drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979); see also MPEP § 2125. Therefore, it would have been obvious to a PHOSITA to recognize Reimers as at least suggesting that the second input element (106) is a button due to the configuration shown in Fig 1 and the description of buttons on Page 11.
With further regard to the second button, it would have been obvious to a PHOSITA to recognize Reimers as at least suggesting the capability to configure the second button as a second drive mode button configured to the claimed limitation below due to the description on Page 13 of reference number 106 denotes further input elements and the functionality of gear shift paddles (102,103; Pages 12-14, specifically including paragraph on Page 14 above LIST OF REFERENCE NUMBERS), the claim limitations including:
configured to cause the vehicle to transition from a first drive mode to a second drive mode, and wherein the second drive mode activation button comprises:
a second drive mode activation button illuminable portion, the second drive mode activation button illuminable portion configured to selectively illuminate in dependence on a given vehicle drive mode, wherein:
in a first drive mode the illuminable portion of the second drive mode activation button illuminates in a first colour, and
in a second drive mode the illuminable portion of the second drive mode activation button illuminates in a second, different, colour.
Re Claim 13:
The claim depends upon claim 12.
Reimer further discloses wherein the plurality of gear shift paddles (102, 103) are not rotatably coupled to the steering wheel (because the rotation of the paddles (102,103) when being activated does not depend upon the position of steering wheel).
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Muramatsu.
Re Claim 6:
The claim depends upon claim 3.
Muramatsu further discloses wherein each gear shift paddle of the plurality of gear shift paddles (each 11 of the plurality of 11) comprises a light guide (photoconductor 50), the light guide (50) configured to transmit light (arrows) from the LED (26) to illuminate the illuminable portion (11) of each of the plurality of gear shift paddles (Fig 10).
With further regard to the illuminable portion and the LED, rearrangement of parts is prima facie obvious. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); see also MPEP § 2144.04 VI C. The claims in the recited case are directed to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device. Similarly, in the instant claim, whether the LED is positioned to illuminate the illumination portion via a light guide (as disclosed by Muramatsu, above) or by being comprised in the illuminable portion, the functionality for both is a configuration to illuminate the illuminable portion. Therefore, it would have been obvious to a PHOSITA, to recognize Muramatsu as at least suggesting an equivalent LED configuration to the claimed LED configuration for the purpose of having a configuration to illuminate the illuminable portion.
Further, upon careful review of Applicant’s disclosure, instant claim 6 recites an obvious variant of claim 5 due to at least Applicant’s ¶ 0012.
Re Claim 8:
The claim depends upon claim 1.
Muramatsu further discloses wherein the gear shift requested by one of the plurality of gear shift paddles is a change-up gear shift (described in at least ¶ 0041 as a "+ (plus)" mark indicating shift up is placed), configured to cause a transmission of the vehicle to change to a higher gear (¶ 0041), and the gear shift requested by another of the plurality of gear shift paddles is a change-down gear shift function (described in at least ¶ 0041 as the left-side lever switch 6, not shown, a "- (minus) mark" indicating shift down is placed), configured to cause the transmission of the vehicle to change to a lower gear (¶ 0041).
With further regard to each gear shift paddled of the plurality of shift paddles, rearrangement of parts is prima facie obvious. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); see also MPEP § 2144.04 VI C. The claims in the recited case are directed to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device. Similarly, in the instant claim, whether the gear shift is requested by another of the plurality of gear shift paddles (as disclosed by Muramatsu, above) or by a second, different, direction (as instantly claimed), the functionality for both is a configuration to cause the transmission of the vehicle to change to a lower gear. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention (PHOSITA), to recognize Muramatsu as at least suggesting an equivalent gear shift to the claimed gear shift for the purpose of having a configuration to cause the transmission of the vehicle to change to a lower gear.
Further, upon careful review of Applicant’s disclosure, instant claim 8 recites an obvious variant of claim 7 due to at least Applicant’s ¶¶ 0013-0014.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Breisinger et al. (US 20200023830 A1) discloses a vehicle including a driving system on a steering wheel with illuminable portions, specifically including different colors for different driving modes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH G DELAHOUSSAYE whose telephone number is (469)295-9088. The examiner can normally be reached Monday-Friday: 9:00 am-5:00 pm CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Greece can be reached at (571) 272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KEITH G. DELAHOUSSAYE JR.
Primary Examiner
Art Unit 2875
/KEITH G. DELAHOUSSAYE/Primary Examiner, Art Unit 2875
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