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 amendments/remarks filed on 04/19/2026. Claims 1-4, 7, 9, 10, 13 are pending; claim 1 has been amended; claims 5-6, 8, 11-12, 14 are canceled.
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.
Claim(s) 1-4, 7, 9 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over BACHMANN (DE102019205510 A1) in view of BERGSTRÖM (WO 2021073748 A1 previously cited by examiner on 3/31/2025)
Claim 1 BACHMANN discloses a transmission arrangement (40; Fig.4) for a vehicle powertrain (5, Fig.1), the transmission arrangement (40) comprising:
a transmission arrangement unit (see annotated Fig. 4 below) including:
a first transmission shaft (input shaft from EM or see annotated Fig below) configured to function as an input shaft of the transmission unit, the first transmission shaft (input shaft from EM or see annotated Fig below) comprising a first gear wheel (34);
a second transmission shaft (22) comprising a second gear wheel (16) and a third gear wheel (18), the second gear wheel (16) being arranged to cooperate with the first gear wheel (34) of the first transmission shaft;
a third transmission shaft (24) configured to function as an output shaft of the transmission unit (24), the third transmission shaft comprising a fourth gear wheel (28), the fourth gear wheel (28) being arranged to cooperate with the third gear wheel (18) of the second transmission shaft;
the third transmission shaft (24) further comprising a fifth gear wheel (26) arranged to be selectively connectable (s2) to the third transmission shaft for rotation with the third transmission shaft, the fifth gear (26) wheel being arranged to cooperate with the second gear wheel (16) of the second transmission shaft (22),
wherein the transmission unit (see annotated Fig below) comprises only two gear rows that are capable of transferring driving torque from a propulsion unit (EM) to driving wheels (6, 7; Fig.1) of the vehicle powertrain (5; Fig.1) when the transmission unit is arranged in the vehicle powertrain (5),
wherein the first gear row (e.g. row on the right side) of the two gear rows is defined by the first gear wheel (34), the second gear wheel (16) and the fifth gear wheel (26), and
the second gear row (e.g. row on the left side) of the two gear rows is defined by the third gear wheel (18) and the fourth gear wheel (28);
a final gear set (30 and input gear of the differential 32); a second gear wheel (input gear of the differential 32) configured to connect to a differential (32) of a wheel axle of the vehicle powertrain.
BACHMANN does not disclose a planetary gearbox unit connected to the third transmission shaft of the transmission unit; the planetary gearbox unit including: a sun wheel; a ring gear connected to the sun wheel; and a locking device and a locking gear wheel configured to allow selective locking of at least the ring gear such that the ring gear and the sun wheel rotate together when the ring gear is connected to the locking gear wheel by the locking device; and a final gear set directly connected to the planetary gearbox unit by an output shaft extending out from the planetary gearbox unit on a first side of the planetary gearbox unit opposite a second side of the planetary gearbox unit to which the third transmission shaft is connected, the final gear set including: a first gear wheel connected to the output shaft extending from the planetary gearbox unit.
BERGSTRÖM teaches a powertrain (1; Fig.2) having a transmission arrangement unit (13, 22, 14, 19, 16, 26, 27) similar to BACHMANN with a third transmission (22) configured to function as an output shaft of the transmission unit (13, 22, 14, 19, 16, 26, 27); a planetary gearbox unit (23) connected to the third transmission shaft (22) of the transmission unit (13, 22, 14, 19, 16, 26, 27);
the planetary gearbox unit (23) including: a sun wheel (28); a ring gear (31) connected to the sun wheel (28); and a locking device (auxiliary shifting device (not shown); see page 11, lines 21-22) and a locking gear wheel (33) configured to allow selective locking of at least the ring gear (31) such that the ring gear (31) and the sun wheel (28) rotate together when the ring gear (31) is connected to the locking gear wheel (33) by the locking device (auxiliary shifting device (not shown)); and planetary gearbox unit (23) having an output shaft (15) extending out from the planetary gearbox unit (23).
As a result of combination of BACHMANN in view of BERGSTRÖM yields “a final gear set (30 and input gear of the differential 32 as taught by BACHMANN) directly connected to the planetary gearbox unit (23- BERGSTRÖM) by an output shaft (15- BERGSTRÖM) extending out from the planetary gearbox unit (23- BERGSTRÖM) on a first side (left side) of the planetary gearbox unit (23- BERGSTRÖM) opposite a second side (right side) of the planetary gearbox unit (23- BERGSTRÖM) to which the third transmission shaft (24-BACHMANN) is connected, the final gear set (30 and input gear of the differential 32 as taught by BACHMANN) including: a first gear wheel (30) connected to the output shaft (15- BERGSTRÖM) extending from the planetary gearbox unit (23-BERGSTRÖM)” which satisfies the claimed limitation.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include planetary gearbox unit (23- BERGSTRÖM) as taught by BERGSTRÖM between the third transmission shaft (24-BACHMANN) and final gear set (30 and input gear of the differential 32 as taught by BACHMANN) in the transmission arrangement of BACHMANN to provide additional reduction stages and operating modes while preserving the compact two row transmission architecture.
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Claim 2: BACHMANN as modified by BERGSTRÖM discloses the transmission arrangement (40) according to claim 1, further comprising a coupling device (s2-BACHMANN) configured to selectively couple the fifth gear wheel (26- BACHMANN) to the third transmission shaft (24- BACHMANN) (see ¶0068] of translation).
Claim 3: BACHMANN as modified by BERGSTRÖM discloses the transmission arrangement (40) according to claim 2, wherein the coupling device further is configured to selectively couple the fourth gear wheel (28- BACHMANN) to the third transmission shaft (24- BACHMANN) (see ¶[0068] of translation).
Claim 4: BACHMANN as modified by BERGSTRÖM discloses the transmission arrangement (40) according to claim 1, wherein the first transmission shaft (as shown in annotated fig above) and the third transmission shaft (24- BACHMANN) are arranged such that the input shaft and the output shaft (24- BACHMANN) of the transmission unit extend out of the transmission unit in the same direction (see annotated Fig below).
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Claim 7: BACHMANN as modified by BERGSTRÖM discloses a vehicle powertrain (5; Fig.1) comprising:
the transmission arrangement (40) according to claim 1;
and the propulsion unit (EM-BACHMANN), wherein the propulsion unit (EM-BACHMANN) is connected to the first transmission shaft (see annotated Fig below rejection of claim 1 above) of the transmission unit.
Claim 9: BACHMANN as modified by BERGSTRÖM discloses the vehicle powertrain according to claim 7, wherein the transmission unit (see annotated Fig.4 below) has a central longitudinal plane (see annotated Fig below) transversal to the rotational axis of the first transmission shaft (e.g. input shaft from EM) and a central transversal plane (see annotated Fig below) parallel with the rotational axis of the first transmission shaft (e.g. input shaft from EM), and wherein the propulsion unit (EM) and the planetary gearbox unit (23 as taught by BERGSTRÖM) are arranged on the same side of the central longitudinal plane of the transmission unit (as shown in annotated fig below: EM and planetary gearbox would arranged on the same side of the central longitudinal plane) and opposite sides of the central transversal plane of the transmission unit (as shown in annotated Fig below: planetary gearbox is positioned more at lower side relative to the transversal plane; wherein EM is positioned at upper side of the transversal plane).
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Claim 13: BACHMANN as modified by BERGSTRÖM discloses a vehicle (Fig.1) comprising the vehicle powertrain (5- BACHMANN) according to claim 7.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over BACHMANN (DE102019205510 A1) in view of BERGSTRÖM (WO 2021073748 A1) and further in view of KALTENBACH (US 20160017968 A1)
Claim 10: BACHMANN as modified by HAN discloses the vehicle powertrain according to claim 7, further comprising a wheel axle (e.g. one of half shafts that are directly connected to differential 32) connected to one of the driving wheels (6, 7) of the vehicle powertrain.
BACHMANN as modified by BERGSTRÖM does not disclose wherein the propulsion unit is arranged between the transmission unit and the wheel axle as seen in a longitudinal direction of the vehicle powertrain.
KALTENBACH teaches a propulsion unit (EM; Fig.2) is positioned to the left of a transmission unit (see annotated fig.2 below) in axial direction.
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As the result, a final structure of BACHMANN as modified by BERGSTRÖM in view of KALTENBACH would arrange the modified transmission unit of BACHMANN toward right side such that the propulsion unit would be between the transmission unit and the wheel axle as seen in a longitudinal direction of the vehicle powertrain (5) .
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the transmission unit such that the propulsion unit is arranged between the transmission unit and the wheel axle as seen in a longitudinal direction of the vehicle powertrain as taught by KALTENBACH in the modified powertrain of BACHMANN in order to maintain a balanced front-rear weight distribution of powertrain, thus improve stability and performance of vehicle.
Response to Amendment/Argument
The previous rejection under 35 USC 112 (b) have been withdrawn in light of the amendment to claim 1.
Applicant’s arguments with respect to the rejections under 35 USC 103 have been considered but are not persuasive for the following reasons:
Firstly, Applicant argues that Bachmann is intended to be compact axially, while Bergstrom includes the planetary gearset in order to be able to let one motor keep driving the vehicle while the other one shifts.
--In response to the argument above, examiner respectfully disagrees as BACHMANN teaches a single countershaft with a single attachment point to the differential is what saves space (see paragraph [0010]). BACHMANN does not state adding a planetary gearbox would be impossible, or incompatible with its design. The proposed combination placed a planetary gearbox on the same countshaft that already exists in Bachmann with the same single connection point to the differential. Moreover, the examiner’s combination does not require adding length to the overall system since the output shaft (24-BACHMANN) already extended out from transmission unit; and attaching the transmission gearbox (23-BERGSTROM) before the final gearset (32,30-BACHMANN) would not increase overall length beyond what BACHMANN already depicted.
Secondly, BERGSTROM’s planetary gearbox is sub-unit that essentially doubles the possible gear ratios of the main spur gear transmission. The planetary gearbox does not depend on having two drive sources. In other words, the planetary gearbox works the same regardless of how many motors drive the input shaft. Nonetheless, BACHMAN does in fact have two drive sources, namely, the motor 8 and the engine 2. The benefit of allowing shifting where one of the drive sources powers the vehicle while the other is shifted would be retained in Bergstrom.
Secondly, Applicant argues the Examiner used impermissible hindsight by adding the sub-transmission unit. Applicant specifically argued the Examiner has not identified any passage in Bachmann or Bergström that teaches, suggests, or would motivate a skilled person to arrive at this specific combination of features and that the Examiner’s obviousness rationale has not been found anywhere in Bachmann or Bergström,
--In response to applicant’s arguments above, examiner respectfully disagrees because a rejection under 35 USC§ 103 does not require an express statement in the prior art. The rationale to combine references arise from “applying a known technique to a known device (method, or product) ready for improvement to yield predictable results” See MPEP 2141-III. Thus examiner is not required to find a passage in BACHMANN or BERGSTRÖM that explicitly say “add a planetary gearbox between countershaft and final gearset”. Examiner’s rationale is not based on applicant’s disclosure but rather on a well recognized benefit of adding a known planetary gearbox downstream of the main transmission unit to provide additional reduction stages and operating modes. It would be readily understood, that the sub-transmission unit in BERGSTROM, i.e., the planetary transmission, doubles the gear ratios of the main spur gear transmission that precedes it. The identical result occurs when the sub-transmission is added to BACHMANN.
A person of ordinary skill in the art would understand that more reduction stages provide more flexibility and operating modes. BERGSTRÖM explicitly states “The auxiliary gear set provides a range gear by means of which at least a high speed range and a low speed range are provided. This significantly extends a ratio span of the transmission and a speed range of the powertrain.” Page 3, lines 5-7; and teach the placement of gearbox as shown in Fig.2 BERSTRÖM. From Fig.2, the planetary gearbox is placed between the intermediate shaft (which receives torque from both inputs) and input shaft 15; also orientation-input on one side and output on the opposite side. Both references disclose transmission from two power sources (2, EM from BACHMANN and 10, 11 from BERGSTROM) that transmit torque through a third transmission shaft (24-BACHMANN and 22-BERGSTROM) before a differential and thereafter to wheels. A person of ordinary skill in the art looking at BACHMANN’s transmission and wanting to extend its gear ratio would consider inserting a known sub unit (planetary gearbox) between the third transmission shaft and final gearset as taught by BERGSTRÖM. The specific orientation-input on one side and output on the opposite side is suggested by BERGSTRÖM as mentioned above. Thereof, the combination is logically based on the reference themselves, as well as the general knowledge in the art, and not based on the Applicant’s specification.
Furthermore, BERGSTRÖM teaches “In the high speed range position, the ring gear 31 and the sun gear 28, and thereby also the planetary gear carrier 30, are locked for common rotation by a locking member 33” on page 11, lines 23-25. This is the claimed locking configuration—locking ring and sun together. Thereof, as combination of BACHMANN and BERGSTRÖM discloses every claimed features. For that reasons, the rejections under 35 USC§ 103 are maintained.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/LILLIAN T NGUYEN/ Examiner, Art Unit 3655a
/STACEY A FLUHART/ Primary Examiner, Art Unit 3655
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