DETAILED CORRESPONDENCE
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 is the final office action on the merits of Application No. 17/930,897 filed on 09/09/2022. Claims 1-16 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. The certified copy has been filed with application no DE10 2021 210 727.3, filed on 09/27/2021.
Claim Rejections - 35 USC § 103
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 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 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 1, 8, and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over ISAMI (US 20220063595 A1)(hereinafter “ISAMI”) in view of NOTHEIS et al. (WO 2019091719 A1)(hereinafter “NOTHEIS”)(Machine translation relied upon as attached in non-final (5/21.2025)).
Regarding claim 1, ISAMI discloses a drive device (e.g. 4, figs. 1-9, paras 39-41) for a motor vehicle drive train of an electric vehicle (fig. 1) having first and second output drives (see the annotated fig. A below), the drive device (4) comprising
a plurality of electric machines (2, 3, fig. 1) including a first electric machine (2, fig. 1) and a second electric machine (3, fig. 1);
a transmission (e.g. 6) having an input shaft (13, fig. 1) and an output side (e.g. the side having 40, see annotated fig. A) comprising a counter shaft (e.g. 3a), wherein a plurality of transmission ratios (see paras 78, figs. 5-8) between the input shaft (13) and the output side can be selected, the countershaft (3a) being permanently coupled to the outside side of the transmission;
both the first output drive and the second output drive of the motor vehicle drive train coupled to the output side of the transmission (6),
wherein the first electric machine (e.g. 1, fig. 1) is connected to or configured to be connected to the input shaft (13) of the transmission (6); and
the second electric machine (e.g. 2) permanently rotationally fixed (via gear 13, 14, 15) to the counter shaft (3a) of the transmission (6) such that the second electric machine (3) directly drives and corotates with the countershaft (3a) and is offset with respect to the first electric machine (2) and the second electric machine (3) is permanently connected to at least one of the first and the second output drives. (see fig. 1)
However, ISAMI fails to disclose first and second drive axles, and the first output drive connects the vehicle drive train to the first drive axle and the second output drive connects the vehicle drive train to the second drive axle.
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Fig. A: Annotated fig. 1 of ISAMI
NOTHEIS teaches a transmission (20) of an electric vehicle (e.g. 22, fig. 21) wherein a first output drive (e.g. the drive connected to a wheel 34 of drive train 20 including an axle differential 21 and wheels) and a second output drive (e.g. the drive connected to 34 including a hang-on clutch 35, another axle differential 36 and wheels) of the motor vehicle drive train coupled to the output side (10) of the transmission (20), wherein the first output drive connects the vehicle drive train to a first drive axle (e.g. axle with differential 36) and the second output drive connects the vehicle drive train to a second drive axle (e.g. axle with differential 21 as shown in fig. 21).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify ISAMI by adding another axle with the output side (e.g. 20) of ISAMI as taught by NOTHEIS as it would have had a reasonable expectation of success by adding at least one further axle on a four-wheel drive in which both front wheel and rear wheels are driven by two motors, can be achieved. Moreover, it can ensure that the manual transmission can only be driven purely electrically in front wheel or rear wheel or four-wheel drive vehicle. (see para 36 of NOTHEIS)
As modified, the drive device would have first and second drive axles, wherein the first output drive connects the vehicle drive train to the first drive axle and the second output drive connects the vehicle drive train to the second drive axle.
Regarding claim 8, ISAMI/ NOTHEIS discloses the drive device (4) as modified according to claim 1, ISAMI further discloses wherein the transmission (6) is followed on the output side by a distributor device (34, after modification, see fig. 21 of NOTHEIS ), a drive side of the distributor device being coupled to the output side and to which the first output drive (e.g. the drive connected to a wheel 34 of drive train 20 including an axle differential 21 and wheels, see fig. 21 of NOTHEIS) and the second output drive (e.g. the drive connected to 34 including a hang-on clutch 35, another axle differential 36 and wheels, see fig. 21 of NOTHEIS) are assigned, each of first output drive and the second output drive respectively connecting the drive train to the first drive axle (e.g. axle with differential 36, see fig. 21 of NOTHEIS ) and the second drive axle (e.g. axle with differential 21) of the electric vehicle.
Regarding claim 10, ISAMI/ NOTHEIS discloses a motor vehicle drive train for an electric vehicle (e.g. Ve, fig. 1), comprising a drive device (e.g. 4, fig. 1) as claimed in claim 1. (Please see the rejection of claim 1)
Regarding claim 11, ISAMI/ NOTHEIS discloses the motor vehicle drive train (e.g. 4, fig. 1) as modified according to claim 10, ISAMI further discloses wherein the transmission (6) is followed on the output side by a distributor device (e.g. 34. fig. 21 of NOTHEIS), a drive side of the distributor device being coupled to the output side and to which the first output drive (e.g. the drive connected to a wheel 34 of drive train 20 including an axle differential 21 and wheels) and the second output drive (e.g. the drive connected to 34 including a hang-on clutch 35, another axle differential 36 and wheels) are assigned;
wherein the first drive axle (e.g. axle with differential 21) is operatively connected to the first output drive and the second drive axle (e.g. axle with differential 36, see fig. 21 of NOTHEIS ) is operatively connected to the second output drive. (see fig. 21 of NOTHEIS)
Regarding claim 12, ISAMI/ NOTHEIS discloses an electric vehicle (e.g. Ve, fig. 1 of ISAMI, table 1), comprising the motor vehicle drive train (e.g. 4, fig. 1) according to claim 10. (please see the rejections of claim 1 and claim 10)
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over ISAMI (US 20220063595 A1) in view of NOTHEIS et al. (WO 2019091719 A1) and further in view of Niva (US 20120241229 A1)(hereinafter “Niva”).
Regarding claim 6, ISAMI/ NOTHEIS discloses all the element of the drive device (fig. 3) as modified according to claim 1, but fails to disclose wherein the second electric machine is a most powerful electric machine of the plurality of electric machines.
Niva teaches a load carrying vehicle as shown in fig. 2, wherein the second electric machine (e.g. 12 which delivers 760 hp) is a most powerful electric machine of the plurality of electric machines (12, 18 which delivers 275 hp). (see para 43)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify ISAMI/ NOTHEIS by substituting the second electric machine as the most powerful electric machine as taught by Niva as an obvious matter of engineering design choice. Both electric machines (such as the second electric machine of ISAMI) and (such as powerful electric machine of Niva) are known and suitable arrangement for electric machine. Further, substituting one known electric machine (low powerful) for another known electric machine (powerful) involves only routine skill in the art. Finally, one of ordinary skill in the art would have a reasonable expectation of success by changing the arrangement of the electric machine to a powerful electric machine, as the device would still adequately function as an electric machine, while having the added capability of additional loading capacity over a less powerful one.
As modified, the drive device would have wherein the second electric machine is a most powerful electric machine of the plurality of electric machines.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over ISAMI (US 20220063595 A1) in view of NOTHEIS et al. (WO 2019091719 A1) and further in view of Li (US 20230278457 A1)(hereinafter “Li”).
Regarding claim 7, ISAMI/ NOTHEIS discloses the drive device as modified according to claim 1, ISAMI further discloses an intermediate clutch (e.g. CL1, CL2), but fails to disclose wherein, in addition to the first electric machine and the second electric machine, the plurality of electric machines includes a further electric machine, and the further electric machine is connected to the input shaft or configured to be connected to the input shaft via the intermediate clutch.
Li teaches a similar kind of drive device (as shown in figs. 1-7) wherein a plurality of electric machines such as three or four as shown in figures (3 or 4) (see para 67) are utilized according to vehicle application requirement, the plurality of electric machines includes (1) a further electric machine (1A, fig. 6), and the further electric machine connected (via gear 2B) to the input shaft (3A).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify ISAMI/ NOTHEIS by substituting the engine with an electric machine connected to the input shaft 13 of ISAMI via clutch F as taught by Li as it would have had a reasonable expectation of success by adding at least one further electric machine which can ensure that the drive motor works in the high-efficiency range while ensuring the vehicle power performance, reduce the power loss of the drive motor, and improve the efficiency of the electric drive system. In addition, by reasonably arranging each drive motor to work in a time-sharing manner, the effect of evenly sharing the accumulated damage of each drive motor is achieved, and the failure rate of the drive motor is reduced (see para 49 of Li). Moreover, not only the large torque requirement under a low speed working condition can be met and the power performance of the vehicle at a medium or high speed can be ensured, but also the manufacturing cost can be reduced and the reliability of the electric driving system can be improved. (see para 12 of Li)
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over ISAMI (US 20220063595 A1) in view of NOTHEIS et al. (WO 2019091719 A1) and further in view of VAN DINGENEN et al. (US 20230084680 A1)(hereinafter” VAN DINGENEN”).
Regarding claim 9, ISAMI/ NOTHEIS discloses the drive device as modified according to claim 8, wherein the distributor device (34, fig. 21 of NOTHEIS) comprises differential (e.g. the distributor device itself differential), wherein a drive power introduced at the drive side of the distributor device (21) can be distributed via the differential (34), which are each connected to one of the first and second output drives (see fig. 21 of NOTHEIS), but fails to disclose in particular a planetary differential and output shafts.
VAN DINGENEN teaches a similar kind of a drive device (102, figs. 1-3, para 17) for a motor vehicle drive train (104) of an electric vehicle (100) wherein a distributor device (136, fig. 1) comprises a differential (e.g. the planetary gear, please note: the distributor device itself differential), in particular a planetary differential, wherein a drive power introduced at the drive side of the distributor device (via shaft 140, fig. 1) can be distributed via the differential (e.g. planetary gear) to the output shafts (150), which are each connected to one of the output drives (172, 174).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify ISAMI/ NOTHEIS by switching the distributor 20 of ISAMI with the distributor (136) as taught by VAN DINGENEN as an obvious matter of engineering design choice. Both distributors (such as the differential of ISAMI) and planetary gear distributor (such as distributor of VAN DINGENEN) are known and suitable arrangement for distributor or differential. Further, substituting one known distributor (differential) for another known distributor (differential) involves only routine skill in the art. Finally, one of ordinary skill in the art would have a reasonable expectation of success by changing the arrangement of the distributer or differential device to a planetary gear distributer or differential, as the device would still adequately function as a distributor, while having the added capability of additional multi-speed functionality with lower drag over a regular differential. (see para 15 of VAN DINGENEN)
As modified, the drive device would have a planetary differential and output shafts.
Claims 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over ISAMI (US 20220063595 A1) in view of NOTHEIS et al. (WO 2019091719 A1) and further in view of Hara (US 20230364989 A1)(hereinafter “Hara”)
Regarding claim 13, ISAMI/ NOTHEIS discloses a method for operating a drive device (see fig. 3) of claim 1, ISAMI further discloses carrying out a change between the plurality of transmission ratios of the transmission (4, fig. 1), but fails to disclose resulting a loss of drive torque of at least the first electric machine; and
Compensating for the loss of drive torque at least in part by increasing a drive torque of the second electric machine.
Hara teaches a drive device (e.g. 30, fig. 2, para 34) wherein, carrying out a change between the plurality of transmission ratios of the transmission (30, fig. 2) (e.g. first, second or third gear), resulting a loss of drive torque of at least the first electric machine (11); and
Compensating for the loss of drive torque at least in part by increasing a drive torque of the second electric machine (12).
(please note: In the shifting operation from the first gear to the second gear and in the shifting operation from the second gear to the third gear, the torque of the second motor 12 can be transmitted to the output shaft 15 through the second reduction mechanism 32, and thus the torque of the output shaft 15 can be supplemented during the shifting operation. Particularly, the present invention is suitable for supplementing torque during a shifting operation in high speed running. Furthermore, efficient regions of the motors 11, 12 can be utilized according to a running condition of a vehicle. Therefore, power consumption can be reduced, and the running performance of the vehicle can be improved.)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify ISAMI/ NOTHEIS by adding the method as taught by Hara so that power consumption can be reduced, and the running performance of the vehicle can be improved. (see para 32 of Hara)
Regarding claim 14, ISAMI/ NOTHEIS/Hara discloses the method as modified according to claim 13, Hara further discloses synchronizing rotational speeds at least via the first electric machine (11) in the course of carrying out the change between the plurality of transmission ratios.
Regarding claim 15, ISAMI/ NOTHEIS discloses the motor vehicle drive train (fig. 1) as modified according to claim 10, but fails to disclose the electric vehicle is configured as an off-road utility vehicle.
Hara teaches a drive device (e.g. 30, fig. 2, para 34) wherein the electric vehicle is configured as an off-road utility vehicle. (see para 40 “The power transmission device 40 is preferably mounted in construction machinery, agricultural machinery, or the like, which requires a large high-speed torque, among vehicles.”)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify ISAMI/ NOTHEIS by configuring the vehicle as an off-road vehicle as taught by Hara so that power consumption can be reduced, and the running performance of the vehicle can be improved. (see para 32 of Hara)
Regarding claim 16, ISAMI/ NOTHEIS/Hara discloses the motor vehicle drive train as modified according to claim 12, but fails to disclose the electric vehicle is configured as an off-road utility vehicle.
Hara teaches a drive device (e.g. 30, fig. 2, para 34) wherein the electric vehicle is configured as an off-road utility vehicle. (see para 40 “The power transmission device 40 is preferably mounted in construction machinery, agricultural machinery, or the like, which requires a large high-speed torque, among vehicles.”)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify ISAMI/ NOTHEIS by configuring the vehicle as an off-road vehicle as taught by Hara so that power consumption can be reduced, and the running performance of the vehicle can be improved. (see para 32 of Hara)
Allowable Subject Matter
Claims 2-4 are objected to as been dependent upon a rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
Claim 5 is allowed. The following is an examiner’s statement of reasons for allowance:
Regarding claim 5, the prior art does not disclose or render obvious a first spur gear stage having a first fixed gear and a first free gear meshing with the first fixed gear; and a second spur gear stage having a second fixed gear and a second free gear meshing with the second fixed gear; wherein the input shaft and the countershaft can each be coupled to one another via the first spur gear stage and the second spur gear stage, wherein in the first spur gear stage and in the second spur gear stage the respective fixed gear is arranged for conjoint rotation on the input shaft or the countershaft, while the respective free gear of the respective first spur gear stage or the second spur gear stage is mounted rotatably on the countershaft or the input shaft and can be fixed there via a respective associated shift element, in combination with the other elements required by the claim.
For example, prior art of record
ISAMI (US 20220063595 A1) discloses a drive device (e.g. 4, fig. 1) for a motor vehicle drive train of an electric vehicle (Ve) having a plurality of electric machines, a transmission, and an output side of the transmission. However, ISAMI does not disclose a first spur gear stage having a first fixed gear and a first free gear meshing with the first fixed gear; and a second spur gear stage having a second fixed gear and a second free gear meshing with the second fixed gear; wherein the input shaft and the countershaft can each be coupled to one another via the first spur gear stage and the second spur gear stage, wherein in the first spur gear stage and in the second spur gear stage the respective fixed gear is arranged for conjoint rotation on the input shaft or the countershaft, while the respective free gear of the respective first spur gear stage or the second spur gear stage is mounted rotatably on the countershaft or the input shaft and can be fixed there via a respective associated shift element.
There is no motivation provided in the prior art to modify ISAMI to arrive at the claimed invention, absent hindsight.
Response to Arguments
Applicant’s argument filed on 02/26/2026 have been fully considered but they are persuasive per the reason set forth below. Applicant contends that YU does not suggest the recited new feature of claim 1. While this argument is found persuasive, a new reference, ISAMI has been applied that discloses the limitation, as appears above.
Claim Interpretation
Claim 6 recites the phrase “a most powerful electric machine" in line 2. For the examination purpose, “a most powerful electric machine” has been considered as an electric machine having higher hp and delivering larger or higher torque compare to the other one.
Conclusion
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 FARHANA PERVIN whose telephone number is (571)272-4644. The examiner can normally be reached Mon-Fri 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob S. Scott can be reached on 5712703415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FARHANA PERVIN/Examiner, Art Unit 3655B