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 .
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.
Claims 1, 2, 4, 6, 8-11, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Tamba US 9,028,285 in view of Mizokawa US 7,473,149 and Marquis US 11,040,762.
Regarding claim 1, Tamba teaches a powertrain for a marine vessel, comprising:
an internal combustion engine 10,
a transmission 56,
a first drive unit having a first propeller 38 and a second drive unit having a second propeller 44, a first electric motor 40 and a second electric motor 48,
where the internal combustion engine is connected to the first drive unit and the second drive unit through the transmission, where the first electric motor is connected to the first drive unit and where the second electric motor is connected to the second drive unit,
where the powertrain comprises a first clutch 30 arranged between the transmission and the first drive unit and a second clutch 52 arranged between the transmission and the second drive unit,
wherein the first electric motor is arranged to propel the first drive unit and the second electric motor is arranged to propel the second drive unit at a speed below a predefined speed (see Tamba figure 11),
wherein the internal combustion engine is arranged to propel the first drive unit and the second drive unit through the transmission only at a speed above a predefined speed (see Tamba figure 11),
wherein the powertrain is provided with an electronic control unit (ECU) 32 (and whatever controls the ICE) configured to control the internal combustion engine and the electric motors, wherein the ECU is configured to be connected to a regular control system of the marine vessel, wherein the ECU is configured to receive information from the regular control system of a desired speed (Tamba teaches that “the drivetrain is adapted to operate in a range of modes, selected either manually by an operator or automatically by a control system,” column 2, lines 61-63 meaning that the ECU must be communication with other vessel interfaces);
wherein the first clutch and the second clutch are configured to disengage the internal combustion engine from the first drive unit and the second drive unit when a rotational speed of the internal combustion engine is below a set rotational speed, wherein the set rotational speed is selected such that only the electric motors will drive the vessel at a speed below the predefined speed, and such that at least the internal combustion engine will drive the vessel above the predefined speed (see Tamba figure 11); and
wherein, in response to the desired speed changing from below the predefined speed to above the predefined speed, the ECU is configured to start the internal combustion engine before stopping propulsion of the first drive unit by the first electric motor and propulsion of the second drive unit by the second electric motor, and to control the internal combustion engine such that the internal combustion engine propels the first drive unit and the second drive unit through the transmission after the rotational speed of the internal combustion engine exceeds the set rotational speed (see Tamba figure 11).
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Figure 1- Tamba Figure 10
Tamba does not teach that for a desired speed around the predefined speed, a hysteresis is used to prevent constant drive mode change at a desired speed around the predefined speed. Mizokawa teaches a powertrain for a marine vessel, comprising an internal combustion engine 14, a drive unit having a first propeller 12, a first electric motor 16, where the internal combustion engine is connected to the first drive unit, where the first electric motor is connected to the first drive unit, where the powertrain comprises a first clutch 22 arranged between the engine and the first drive unit, wherein for a desired speed around the predefined speed, a hysteresis is used to prevent constant drive mode change at a desired speed around the predefined speed (see Mizokawa figure 3). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the powertrain of Tamba with a hysteresis factor in mode switching as taught by Mizokawa in order to “preventing frequent mode switching around the boundary of the abutting modes” (column 5 line 64- column 6 line 5).
Tamba does not teach that the first clutch and the second clutch are centrifugal clutches. Marquis teaches powertrain for a marine vessel, comprising an internal combustion engine 18, a first drive unit 24 having a first propeller 26, a first electric motor 20, where the internal combustion engine is connected to the first drive unit, where the first electric motor is connected directly to the first drive unit, where the powertrain comprises a first clutch 22 arranged between the engine (connected via shaft 42) and the first drive unit (via shaft 158), wherein the first clutch is a centrifugal clutch configured to disengage the internal combustion engine from the drive unit when a rotational speed of the internal combustion engine is below a set rotational speed, wherein the set rotational speed is selected such that only the electric motor will drive the vessel at a speed below the predefined speed, and such that at least the internal combustion engine will drive the vessel above the predefined speed (column 4, lines 4-17). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the powertrain of Tamba with a centrifugal clutch as taught by Marquis in order to simplify the system with a passive clutch, and not require complex direct control of the clutch. As modified, the output speed of the ICE would be used to control engagement of the clutches.
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Figure 2- Marquis Figure 7
Regarding claim 2, Tamba, Mizokawa and Marquis teach the invention as claimed as detailed above with respect to claim 1. Tamba does not teach that the transmission is a belt drive transmission, however it would have been an obvious substitution of functional equivalents to substitute a belt drive transmission into the split output drive in order to use a well-known, simple and reliable mechanism, since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
Regarding claim 4, Tamba, Mizokawa and Marquis teach the invention as claimed as detailed above with respect to claim 1. Tamba also teaches that the first electric motor is arranged to propel the first drive unit and the second electric motor is arranged to propel the second drive unit in a reverse direction (column 7, lines 45-47).
Regarding claim 6, Tamba, Mizokawa and Marquis teach the invention as claimed as detailed above with respect to claim 1. Tamba also teaches that the internal combustion engine, the first electric motor and the second electric motor are arranged to propel the first drive unit and second drive unit at a speed above the predefined speed (figure 11).
Regarding claim 8, Tamba, Mizokawa and Marquis teach the invention as claimed as detailed above with respect to claim 1. Tamba and Mizokawa both teach that the powertrain is on a marine vessel.
Regarding claim 9, Tamba teaches a method for driving a marine vessel, where the marine vessel comprises two drive units 14 arranged in parallel, where each drive unit comprises a propeller 38, 44, where the marine vessel comprises an internal combustion engine 10, a transmission 56, and a first 40 and a second 48 electric motor, where a first centrifugal clutch 30 is arranged between the transmission and a first drive unit of the two drive units and a second centrifugal clutch 52 is arranged between the transmission and a second drive unit of the two drive units, comprising the following steps:
receiving a desired speed of the marine vessel,
driving the first drive unit with the first electric motor directly coupled to the first drive unit for speeds below a predefined speed,
driving the second drive unit with the second electric motor directly coupled to the second drive unit for speeds below the predefined speed,
in response to the desired speed changing from below the predefined speed to above the predefined speed, starting the internal combustion engine before stopping propulsion of the first drive unit by the first electric motor and propulsion of the second drive unit by the second electric motor (see Tamba figure 11), and
driving the first drive unit and the second drive unit with the internal combustion engine through the transmission and the first and second clutches for speeds above the predefined speed (see Tamba figure 11), wherein the first clutch and the second clutch are configured to disengage the internal combustion engine from the first drive unit and the second drive unit when a rotational speed of the internal combustion engine is below a set rotational speed, wherein the set rotational speed is selected such that only the electric motors will drive the vessel at a speed below the predefined speed, and such that at least the internal combustion engine will drive the vessel above the predefined speed, and
setting a desired speed of the marine vessel.
Tamba does not teach using a hysteresis to prevent constant drive mode change at a desired speed around the predefined speed. Mizokawa teaches a powertrain for a marine vessel, comprising an internal combustion engine 14, a drive unit having a first propeller 12, a first electric motor 16, where the internal combustion engine is connected to the first drive unit, where the first electric motor is connected to the first drive unit, where the powertrain comprises a first clutch 22 arranged between the engine and the first drive unit, wherein for a set desired speed around the predefined speed (as determined by monitoring the control lever position), a hysteresis is used to prevent constant drive mode change at a desired speed around the predefined speed (see Mizokawa figure 3). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the powertrain of Tamba with a hysteresis factor in mode switching as taught by Mizokawa in order to “preventing frequent mode switching around the boundary of the abutting modes” (column 5 line 64- column 6 line 5).
Tamba does not teach that the first clutch and the second clutch are centrifugal clutches. Marquis teaches powertrain for a marine vessel, comprising an internal combustion engine 18, a first drive unit 24 having a first propeller 26, a first electric motor 20, where the internal combustion engine is connected to the first drive unit, where the first electric motor is connected directly to the first drive unit, where the powertrain comprises a first clutch 22 arranged between the engine (connected via shaft 42) and the first drive unit (via shaft 158), wherein the first clutch is a centrifugal clutch configured to disengage the internal combustion engine from the drive unit when a rotational speed of the internal combustion engine is below a set rotational speed, wherein the set rotational speed is selected such that only the electric motor will drive the vessel at a speed below the predefined speed, and such that at least the internal combustion engine will drive the vessel above the predefined speed (column 4, lines 4-17). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the powertrain of Tamba with a centrifugal clutch as taught by Marquis in order to simplify the system with a passive clutch, and not require complex direct control of the clutch. As modified, the first drive unit and the second drive unit are driven with the internal combustion engine through the transmission and the first and the second clutches for speeds above the predefined speed after the rotational speed of the internal combustion engine exceeds a set rotational speed.
Regarding claim 10, Tamba, Mizokawa and Marquis teach the invention as claimed as detailed above with respect to claim 9. Tamba also teaches the step of driving the first drive unit with the first electric motor and driving the second drive unit with the second electric motor when reversing the marine vessel (column 7, lines 45-47).
Regarding claim 11, Tamba, Mizokawa and Marquis teach the invention as claimed as detailed above with respect to claim 9. Tamba (column 5, lines 47-49) and Mizokawa (column 6, lines 13-26) both teach that the first electric motor, the second electric motor and the internal combustion engine are controlled by an electronic control unit.
Regarding claim 13, Tamba, Mizokawa and Marquis teach the invention as claimed as detailed above with respect to claim 9. Tamba (column 5, lines 47-49) and Mizokawa (column 6, lines 13-26) both teach non-transitory computer program product comprising program code stored on a non-transitory computer readable medium for performing all the steps of claim 9 when said program code is run on a computer, as this is how automatic control with a controller functions.
Regarding claim 14, Tamba, Mizokawa and Marquis teach the invention as claimed as detailed above with respect to claim 1. Mizokawa does not teach a specific speed correlated to the hysteresis, however it would have been obvious to one having ordinary skill in the art at the time the invention was made to program the hysteresis to 0.5 knots or whatever speed was desired in order to balance efficiency and mode-switching, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Tamba US 9,028,285 in view of Mizokawa US 7,473,149, Marquis US 11,040,762 and Helgesen US 9,055,713.
Regarding claim 2, Tamba, Mizokawa and Marquis teach the invention as claimed as detailed above with respect to claim 1. Tamba does not teach that the transmission is a belt drive transmission. Helgesen teaches a vehicle drive in which a single engine output 130 is connected to two different drive units 110, 120 through a belt 100 drive transmission. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the powertrain of Tamba with a belt drive transmission as taught by Helgesen in order to use a well-known, simple and reliable mechanism.
Response to Arguments
Applicant's arguments filed 6/11/26 have been fully considered but they are not persuasive. The applicant’s main argument is that the claims have been amended to state that in a case of increasing speed, the internal combustion engine is started (but does not drive the propellers) while the electric motors continue propel the engine. This does not differentiate over the prior art of record, because (as detailed above) Tamba teaches this scenario. As shown in Tamba figure 11, At low speeds, the ICE is off while the electric motors drive the propellers. As speed increases, the ICE is on, but the clutches are disengaged, so the electric motors continue to drive the propellers alone. This is the new scenario specified in the amendments. As before, eventually the speed increases to a point in which the ICE alone is driving the propellers while the electric motors are off.
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.
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/MARC BURGESS/Primary Patent Examiner, Art Unit 3615
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