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 .
Preliminary Amendments
This office action is responsive to the preliminary amendment filed on 04/25/2023. As directed by the amendment: claim(s) 6-7 has/have been amended, no claim(s) has/have been cancelled, and new claim(s) 8-18 has/have been added. Thus, claims 1-18 are presently pending in this application.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: Coupling element, transmission mechanism in claims 1-2.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 102a1 & 102a2 as being anticipated by COLAVINCENZO (US 2018/0162213 A1).
COLAVINCENZO discloses the invention as follows:
1. (Original) A transmission unit comprising:
a coupling element (e.g., clutch 15; fig. 1a-1b) configured to, in a power transmission enabled manner, couple an output shaft (of crankshaft) of a driving source (internal combustion engine 8) and an input shaft (e.g., throw-out rod 27; fig. 2a-2c & 3c; 0098-0099) of a driven device (e.g., engine accessories including air compressor 1, air conditioning compressor 2 and engine cooling fan 7 arranged to pull cooling air through engine coolant radiator 20; see 0086; fig. 1a) driven by driving force of the driving source (engine 8); and
a second driving source (e.g., motor-generator 3; fig. 1a-1b & 2b; 0086-0087, 0091 & 0093) configured to generate driving force (via shaft 18 and reduction gear 4; see fig. 2b) separately from the driving source (engine 8),
wherein the second driving source (motor-generator 3) is disposed to avoid the coupling element as viewed from an axial direction of the output shaft (see fig. 1a-1b & 2b).
2. (Original) The transmission unit according to claim 1,
wherein the second driving source is a motor generator 3 and includes a second output shaft 18 that is offset (see fig. 2b) with respect to the output shaft (of crankshaft, but not explicitly shown), and
a transmission mechanism (e.g., gearbox 6 including reduction gear 4; see fig. 2a-2b & 6a-6c; 0091-0093) configured to accelerate driving force of the output shaft (of crankshaft) and transmit the accelerated driving force to the second output shaft 18 is provided between the output shaft (of crankshaft) and the second output shaft 18. (Note, as disclosed and shown in Fig. 2b, the gearbox 16 with its reduction gear 4 assembly would be conventionally known in the art to accelerate driving force of the output shaft (of crankshaft) and transmit the accelerated driving force to the second output shaft 18 is provided between the output shaft).
3. (Original) The transmission unit according to claim 2,
wherein, between the output shaft (of crankshaft) and the second output shaft 18, the transmission mechanism (16, 4) configured to transmit power is provided, and a transmission case (i.e., see gearbox 16; fig. 2b-2c & 6a-6c) configured to accommodate the transmission mechanism 4 is also provided,
a rotor housing (e.g., the drive belt portions 21 of pulley 5 act as the claimed rotor housing; see fig. 3a-3c; 0094) configured to accommodate a rotor (e.g., crankshaft damper 6) configured to rotate integrally with the output shaft (of crankshaft) is provided in a portion on a driving source side (fig. 2a-2b) of the transmission case 16, and
the second driving source (motor-generator 3) is disposed to avoid (see fig. 2b) the rotor housing 21 at the portion on the driving source side of the transmission case 16.
4. (Original) The transmission unit according to claim 3,
wherein the transmission case 16 includes a flat-shaped case (see fig. 6a-6c) portion that is formed into a flat shape with a width in the axial direction narrower than a width in an orthogonal direction, which is orthogonal to the axial direction, and that is disposed between the driving source and the driven device in the axial direction.
5. (Original) The transmission unit according to claim 4, wherein the rotor housing (e.g., the drive belt portions 21 of pulley 5) and the second driving source 3 are disposed at a portion on a driving source side of the flat-shaped case portion (fig. 2b).
6. (Currently amended) The transmission unit according to claim 2, wherein the coupling element includes a clutch 15 (fig. 1a-1b & 3b) configured to connect or disconnect power transmission between the driving source (engine 8) and the driven device (engine accessories), the second driving source is the motor generator 3 and is coupled to the driving source via the clutch 15 in a power transmission enabled manner, and the second driving source 3 is coupled to the driven device without passing through the clutch (see fig. 2a-2b & 3a-3c) in a power transmission enabled manner.
7. (Currently amended) A power system comprising: the transmission unit according to claim 1; the driving source; and the driven device.
With regards to claim(s) 8-10, the claim(s) is/are commensurate in scope with claim(s) 6, and is/are rejected for the same reasons as set forth above.
With regards to claim(s) 11-18, the claim(s) is/are commensurate in scope with claim(s) 7, and is/are rejected for the same reasons as set forth above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The various cited prior arts all disclose very similar transmission units for power systems wherein a motor-generator, acting as a second driving source, is disposed so as to avoid the coupling element as viewed from an axial direction of the output shaft of the engine’s crankshaft.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG Q NGUYEN whose telephone number is (571)270-5424. The examiner can normally be reached Mon-Fri: 7am-3pm (CST).
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, James Kish can be reached at 571-272-5554. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
HUNG Q. NGUYEN
Primary Examiner
Art Unit 3747
/HUNG Q NGUYEN/Primary Examiner, Art Unit 3799