DETAILED ACTION
In the reply field 2/9/2026, claim 1 is amended. Claims 1-11 are currently pending, with claims 6 and 9 withdrawn.
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.
Claims 1-5, 7, 8, 10, and 11 are 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 1 has been amended to recite: “wherein the first element, the second element, and the third element of the first planetary gearset (P1), and the second planetary gearset (P2), are a sun gear, a planet carrier [[to]] and a ring gear.”
There is insufficient antecedent basis for the third element of the second planetary gearset and the first element of the first planetary gearset.
The limitation implies each of the first planetary gearset (P1) and the second planetary gearset (P2) has three elements, which respectively correspond to a sun gear, planet carrier, and ring gear.
In the elected species, the first gearset (P1) has a first element (E11, sun gear), a second element (E21, planet carrier) and a third element (E31, ring gear). In the elected species, the second gearset (P2) has a first element (E12, sun gear), a second element (E22, sun gear) and a third element (E32, planet carrier).
For convenience the figure corresponding to the elected species is re-produced below:
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Specifically, the limitation is not understood because the second planetary gearset does not have a ring gear element. Those having ordinary skill in the art would understand that a ring gear on P2 would have to be located outward from the sun and planet gears, and mesh with one of the planet gears (Z3, Z4). The second planetary gearset (P2) has no gear which those having ordinary skill in the art would understand to correspond to a ring gear. What gear is the ring gear of the second planetary gearset? Clarification is needed.
Allowable Subject Matter
Claims 2-5, 7, and 8 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.
A statement of reasons for the indication of allowable subject matter is provided in a prior action (11/22/2024).
Response to Arguments
Applicant's arguments filed 2/9/2026 have been fully considered.
Applicant presents comments regarding Kurth (WO 2015/062597), previously relied upon. The Examiner agrees that Kurth does not teach the limitations of the claims, as amended.
Applicant’s remarks point to Fig. 3 for support/explanation for the amended claims. These arguments are irrelevant because they do not correspond to the elected invention. The Examiner looks to find support for the amendments in Fig. 4 (the elected species). In the reply filed 5/14/2024, Applicant elected Species III (the invention shown in Fig. 5 of the original drawings). In the new drawings submitted on 9/6/2024, previous Fig. 5 was re-designated as Fig. 4. Please see further explanation in the discussion of indefiniteness, above.
Because the Figures were re-numbered, the Examiner requests clarity when referencing the figures. This may be accomplished by including the date filed of the referenced figure, or by copying the figure into the remarks.
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 EMMA K FRICK whose telephone number is (571)270-5403. The examiner can normally be reached 9AM-5PM EST M, T, F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached on (303) 297-4324. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMA K FRICK/Primary Examiner, Art Unit 3613
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