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 .
Status of Claims
This office action is in response to the amendment filed on 01/15/2026. Claims 1-17 are pending; claims 4, 8-10 are withdrawn, claims 1-3, 5-7, 11-17 will be examined, claim 1 is amended.
Claim Interpretation
The term “continuously connected” does not define in the specification and there is no disclosure of “continuously connected” between main shaft and the at least one rear wheel axle. Accordingly, the term is given its BRI consistent with the ordinary meaning. Under BRI, “continuously connected” refers to components configured to transmit torque through a continuous torque path during operation, and does not exclude arrangement in which the connection is established through a switching element or a clutch. In other words, a connection that passes through a clutch is still considered “continuously connected” so long as, when the clutch is engaged, it permits continuous torque transmission.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-3, 5 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kotloski (US 20160288779 A1)
Kotloski discloses:
Claim 1: A driveline arrangement (Fig.2) for a working machine (10. Note: The term “working machine” encompasses a vehicle, as a vehicle is a machine configured to perform the work of transportation.), the driveline arrangement comprising:
a first electric machine (40; Fig.2) arranged to propel the working machine (10), and
a continuously variable torque distribution arrangement configured to controllably direct a torque from the first electric machine (40) to a front wheel axle (60; Fig.1) and at least one rear wheel axle (70; Fig.1 via 190, 120) of the working machine;
the continuously variable torque distribution arrangement comprising
a main shaft (see annotated Fig below. As the annotated main shaft below is a shaft receives torque from motor 40 via planetary gearset 110, see ¶[0025]) connectable to (via 110) the first electric machine (40) and continuously connected (Path 1: With clutch 150 engaged, carrier 128 to planet gears 126 to ring 124 to 190 to clutch 150 to shaft 32 to rear axle driveshaft 76 to rear differential 74 then rear axle 70. Path 2: With clutch 130 engaged, carrier 128 connects to gearset 180 to clutch 130 to shaft 32 to rear axle driveshaft 76 to rear differential 74 then rear axle 70.) to the at least one rear wheel axle (70),
a primary planetary gear set (120) comprising a primary sun gear (122), a primary ring gear (124) and a primary planet carrier (128) carrying a set of planet gear units (126), wherein the planet gear units (126) are in meshing engagement with the primary sun gear (122) and the primary ring gear (124) (see ¶[0026]), a second electric machine (50) connected to the primary sun gear (122), and
a gear stage (190) comprising a first gear wheel (192) directly connected to the primary ring gear (124), and
a second gear wheel (194) connectable to (via 196, 150, 32, 34) the front wheel axle (60), the first gear wheel (192) being in meshing engagement with the second gear wheel (192), wherein the primary planet carrier (128) is directly connected to the main shaft (see annotated Fig below).
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Claim 2: The driveline arrangement according to claim 1, further comprising an energy storage system (¶[0043]:an energy storage device (e.g., a capacitor, a battery, etc.) configured to store energy) electrically connected to the first (40) and second electric machines (50) to supply electric power to the first (40) and second (50) electric machines (¶0043]).
Claim 3: The driveline arrangement according to claim 1, wherein the primary planetary gear set (120) is concentrically connected to the main shaft (see annotated Fig below rejection of claim 1) .
Claim 5: The driveline arrangement according to claim 1, wherein the driveline arrangement further comprises a gear shifting arrangement (130 and 34) connected between the first electric machine (40) and the main shaft (see annotated Fig below rejection below rejection of claim 1) (clutch 130 is positioned to selectively couple power split planetary 110 and output planetary 120 with a shaft and power split coupled clutch 130 is positioned downstream of power split planetary 110, see ¶[0027], Thereof, clutches 130 and 34 together allow selection between different operating modes and torque transmission path of motor 40, thereby clutches 130 and 34 together function as gear-shifting arrangement connected between the first motor and main shaft as claimed.).
Claim 17: the working machine (10, Fig.1) comprising a front wheel axle (60) connected to a pair of front wheels (62), and at least one rear wheel axle (70) connected to at least one pair of rear wheels (72), and the driveline arrangement (fig.2) according to claim 1, wherein the front wheel axle (60) is connected to (via 196, 150, 32, 34) the second gear wheel (194) and the at least one rear wheel axle (70) is connected to (via 190, 124) the main shaft (see annotated Fig below rejection of claim 1).
Allowable Subject Matter
Claims 6-7, 11-16 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.
Response to Arguments/Amendment
Applicant’s arguments with respect to rejection of claims 1-3, 5 and 17 under 35 USC§ 102 have been considered but are not persuasive for the following reasons:
1-Applicant argued “Applicant respectfully submits that the Examiner interprets that the connection between the planet carrier 128 of the output planetary 120 and the planet carrier 118 of the power split planetary 110 corresponds to the main shaft recited in independent claim 1. In addition, the Examiner interprets the rear wheel axle as 70 via 190 and 120. With reference to paragraph [0027] in Kotloski, Applicant submits that the transmission includes a first clutch 130 that is a power split coupled clutch 130 positioned downstream of the power split planetary 110. The power split coupled clutch 130 is positioned to selectively couple power split planetary 110 to shaft 32. Shaft 32 may be coupled to the rear axle driveshaft 76. As illustrated in Fig. 1, the rear axle driveshaft 76 is connected to wheel axle 70 via rear differential 74.
As described in paragraph [0027] of Kotloski, the power split coupled clutch 130 allows a vehicle to be towed without spinning the gears within transmission 30 (e.g., power split planetary 110, output planetary 120, etc.). As such, the power split coupled clutch 130 is used for connecting and disconnecting the shaft 32, and in turn the wheel axle 70 to/from the power split planetary 110 as well as the output planetary 120. In contrast, Applicant's 'main shaft' is 'continuously connected' to the at least one rear wheel axle. Because Kotloski's multi-mode functionality necessitates an intermittent mechanical disconnection to achieve its stated towing objective, Kotloski fails to disclose a main shaft that is 'continuously connected' as recited by Applicant's amended claim 1. Consequently, the connection between the planet carrier 128 and the planet carrier 118 (which the Examiner interprets as the 'main shaft') is not continuously connected to the wheel axle 70. Applicant submits that the definition of "continuously" as recited in amended independent claim 1 should be construed such that the main shaft is always connected to the at least one rear wheel axle. Notably, this is not the case in Kotloski due to the clutch and, for example, the towing mode described in paragraph [0027]. Thus, the connection interpreted by the Examiner as the 'main shaft' is not always connected to the wheel axle 70 and cannot anticipate Applicant's amended independent claim 1.”
In response to applicant’s argument above, examiner respectfully disagrees because applicant argued that “continuously connected” should be construed to mean “always connected” does not support from specification or claim language, since there is no definition of “continuously connected” from the specification or any disclosure of “continuously connected” between main shaft and the at least one rear wheel axle. Accordingly, undefined terms are given their ordinary meaning as understood by one of ordinary skill in the art. Under BRI, “continuously connected” refers to components configured to transmit torque through a continuous torque path during operation, and does not exclude arrangement in which the connection is established through a switching element or a clutch. In Kotloski, when the vehicle is in any normal driving mode (e.g. low, mid or high range), clutch 130 is engaged (see table 1, where clutch 130 is engaged in low, mid, high and intermediate shift modes). With clutch 130 engaged, carrier 128 connects to gearset 180 to clutch 130 to shaft 32 to rear axle driveshaft 76 to rear differential 74 then rear axle 70. This path is continuous without any addition clutch, slipping is required for torque to flow from amin shaft to rear wheel when clutch 130 is engaged. Thus during the intended driving operation, main shaft is continuously connected to rear axle. The existence of towing mode where clutch 130 is disengage does not negate this disclosure because the claim does not require the connection always or maintained under all possible conditions, including non-driving, towing states.
2-Applicant argued “It is further submitted that there is no disclosure in Kotloski that would motivate a person of ordinary skill in the art to modify the arrangement described therein such as to arrive at the solution of Applicant's amended independent claim 1, since the use of the power split coupled clutch 130 is essential for the functionality of the transmission, and for obtaining the various modes of operation.”
In response to applicant’s argument above, examiner respectfully disagrees because the claims are rejected under anticipation under 35 USC 102. Anticipation does not require motivation to modify.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Morrow (US 20160361987) discloses two planetary gearset with two motors .
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 Lillian T Nguyen whose telephone number is (571)270-5404. The examiner can normally be reached Monday-Friday, 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at (571)270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERNESTO A SUAREZ/Supervisory Patent Examiner, Art Unit 3655
/LILLIAN T NGUYEN/Examiner, Art Unit 3655A
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