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 .
Election/Restrictions
Applicant’s election of Invention I in the reply filed on 01/12/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Status of Claims
This Office Action is in response to the application filed on 08/03/2023. Claims 1-14 presently pending and are presented for examination.
Claim 14 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/12/2026.
Information Disclosure Statement
The Information Disclosure Statement (IDS) submitted on 08/03/2023 was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the Information Disclosure Statement is being considered by the Examiner.
Claim Objections
Claim 8 is objected to because of the following informalities:
Claim 8 line 5 reads “a pressure”, --the pressure-- is suggested.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 lines 8-10 recite the limitation “a plurality of gear trains for shift stages of an always-meshing type that are disposed in the transmission chamber and shift and output power input to the transmission input shaft”. First, it is unclear how the plurality of gear trains output power input to the transmission input shaft. More specifically, the power flow path in the transmission moves from the prime mover, to the input shaft, through the gear trains and to the output shaft. There is no power provided to the gear trains that is then output to the input shaft. Second, the addition of the word "type" to an otherwise definite expression (e.g., Friedel-Crafts catalyst) extends the scope of the expression so as to render it indefinite. Ex parte Copenhaver, 109 USPQ 118 (Bd. Pat. App. & Inter. 1955). As such, it is unclear what is required to be “an always-meshing type”.
Claim 2 line 4 recites the limitation “a rotating body chamber” and claim 1 recites the limitation “a housing chamber”. Paragraph [0059] of the specification reads “the extension portion 120 defines the rotating body chamber (for example, the housing chamber R4) that houses the rotating body”. It is unclear if the claims requires two different chambers, or if the claims are referring to the same chamber.
Claim Rejections - 35 USC § 102
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kopfler (US 20210331577 A1).
Regarding claim 1, Kopfler discloses a power train (see Fig. 1; 1) comprising: a prime mover (9) having a drive output shaft (10, 70), the prime mover having a prime mover casing (casing of 9) constituting an outline of the prime mover; a transmission casing (see Fig. 2; 47) that is disposed side by side with the prime mover casing in a lateral direction (up/down direction in Fig. 2) intersecting an axial direction of the drive output shaft (left/right direction in Fig. 2) and defines a transmission chamber (chamber of 47); and a transmission including a transmission input shaft (21) disposed in parallel with the drive output shaft, and a plurality of gear trains (53; 61, 69; 62, 74) for shift stages of an always-meshing type that are disposed in the transmission chamber and shift and output power input to the transmission input shaft, wherein the transmission casing includes: a casing body (body of 47) that defines the transmission chamber (see Fig. 2); and an extension portion (51, 54) extending in the lateral direction from the casing body and fixed to the prime mover casing (via 50) to define a housing chamber (chamber comprising 52) that houses a portion of the drive output shaft protruding from the prime mover casing in cooperation with the prime mover casing (see Fig. 2).
Regarding claim 2, Kopfler discloses the prime mover (9) includes a rotating body (52) mechanically connected to the drive output shaft (10, 70) on an axially outer side relative to a bearing (48) that supports the drive output shaft, and wherein the extension portion (51, 54) defines a rotating body chamber (chamber comprising 52) that houses the rotating body in cooperation with the prime mover casing (see Fig. 2).
Regarding claim 3, Kopfler discloses the rotating body (52) is a damper or a flywheel (see paragraph [0135], wherein 52 is disclosed as a torsional vibration damper).
Regarding claim 4, Kopfler discloses the transmission casing (47) defines an adjacent chamber (chamber comprising 20) disposed side by side in the axial direction (left/right direction in Fig. 2) with respect to the rotating body chamber (chamber comprising 52), and wherein the adjacent chamber houses a power transmission body (75) for transmitting power to the transmission input shaft (21).
Regarding claim 5, Kopfler discloses the drive output (10, 70) shaft includes a connection shaft (70) that connects the power transmission body (75) and the rotating body (52), and wherein the extension portion (51, 54) is fitted with a bearing that rotatably supports the connection shaft (see Fig. 2).
Regarding claim 6, Kopfler discloses a clutch cover (cover of 54) that is attached to the transmission casing (47) and defines a clutch chamber (chamber where 23 is provided); and a clutch (23) that connects or disconnects the drive output shaft (10, 70) to or from the transmission input shaft (21) and is housed in the clutch chamber, wherein the transmission casing includes a partition wall (partition wall which the lead line of 51 indicates) that defines the clutch chamber with the clutch cover (see Fig. 2).
Regarding claim 7, Kopfler discloses a bearing (bearing supporting 21) that rotatably supports the transmission input shaft (21), wherein the bearing is supported on the partition wall (partition wall which the lead line of 51 indicates).
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 8 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kopfler (US 20210331577 A1) in view of Hashimoto (US 20170219076 A1).
Regarding claim 8, Kopfler fails to disclose an actuator that is disposed in one of the transmission chamber and the clutch chamber and is driven when a pressure medium is supplied; and a block constituting at least a part of a pressure circuit for applying pressure to the actuator via a pressure medium, wherein the block is supported on the partition wall. However, Hashimoto teaches an actuator (see Fig. 13; 500) that is disposed in one of the transmission chamber (chamber of 112) and the clutch chamber and is driven when a pressure medium is supplied (see paragraph [0043], wherein 500 is disclosed as hydraulic); and a block (480) constituting at least a part of a pressure circuit for applying pressure to the actuator via a pressure medium (see paragraph [0116], wherein hydraulic pump 482 is coupled to the steering hydraulic cylinder 622, for power steering by the steering wheel 9, and to a closed loop oil path 623, coupling the hydraulic pump 521 and the hydraulic motor 522 of the hydraulic mechanical transmission 500), wherein the block is supported on the partition wall (498). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Kopfler with a an actuator and a block, as taught by Hashimoto, to provide a hydraulic mechanical transmission in that shifted driving force based on hydraulic pressure and driving force from the engine can be combined to be output, without providing a planetary gear mechanism, so that a high driving force transmission efficiency can be achieved (see paragraph [0004]); to provide a hydraulic mechanical transmission which achieves high output while also having a large capacity (see paragraph [0005]); and to provide a higher output of the transmission case which can be achieved with the high efficiency, light weight, and low cost (see paragraph [0012]).
Regarding claim 10, Kopfler fails to disclose the casing body is configured to be attached with an oil cooler for cooling oil in the transmission chamber. However, Hashimoto teaches the casing body (see Fig. 13; 112) is configured to be attached with an oil cooler (235) for cooling oil in the transmission chamber (inherent function of an oil cooler). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Kopfler with an oil cooler, as taught by Hashimoto, to regulate the temperature of the transmission to prevent overheating which can lead to damage or failure of the transmission.
Regarding claim 11, Kopfler discloses the power train (1) is mounted on a vehicle (see Fig. 1; 77) having a pair of first drive wheels (78, 79) driven by the power train and a pair of second drive wheels (88, 89), the power train further comprising a transmission gear cover (see Fig. 2; 73) that is fastened to the transmission casing (47) and defines the transmission chamber together with the casing body (see Fig. 2), wherein the transmission includes a transmission output shaft (45) extending in the transmission chamber (see Fig. 2). Kopfler fails to disclose the pair of second drive wheels drivable by the power train together with the pair of first drive wheels. However, Hashimoto teaches the pair of second drive wheels (see Fig. 13; 3) drivable by the power train together with the pair of first drive wheels (4). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Kopfler with a pair of second drive wheels drivable by the power train together with the pair of first drive wheels, as taught by Hashimoto, to provide the vehicle with four wheel drive which allows for superior traction and control in challenging conditions like snow, mud, sand and steep terrain. As a result of the combination the following limitations would necessarily result: the casing body (Kopfler; body of 47) has a hole (Hashimoto; hole in 17 where 30 is provided) through which a second drive wheel side output shaft (Hashimoto; 30) for transmitting power from the transmission output shaft (Kopfler; 45) to the pair of second drive wheels (Hashimoto; 3) is inserted (Hashimoto; Fig. 13).
Regarding claim 12, Kopfler discloses the power train (1) is mounted on a vehicle (see Fig. 1; 77) having a pair of first drive wheels (78, 79) driven by the power train and a pair of second drive wheels (88, 89), the power train further comprising a differential mechanism (see paragraph [0147], wherein the output transmission 6…includes a differential) that distributes power transmitted from a transmission output shaft (45) extending in the transmission chamber (chamber of 47) to the pair of first drive wheels, wherein the differential mechanism is housed in the casing body (see paragraph [0147], wherein the differential here, is supported on both sides inside the transmission housing part 73). Kopfler fails to disclose the pair of second drive wheels drivable by the power train together with the pair of first drive wheels. However, Hashimoto teaches the pair of second drive wheels (see Fig. 13; 3) drivable by the power train (drive train of Fig. 13) together with the pair of first drive wheels (4). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Kopfler with a pair of second drive wheels drivable by the power train together with the pair of first drive wheels, as taught by Hashimoto, to provide the vehicle with four wheel drive which allows for superior traction and control in challenging conditions like snow, mud, sand and steep terrain.
Claim 9 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kopfler (US 20210331577 A1) in view of Wang (CN 108843773 A).
Regarding claim 9, Kopfler discloses the extension portion (51, 54) has a hole (hole through 51, 54 which 10, 70 passes) through which the drive output shaft (10, 70) is inserted. Kopfler fails to disclose a first seal member that seals the prime mover side in the axial direction and a second seal member that seals the clutch chamber side in the axial direction are disposed on an inner peripheral surface that defines the hole of the extension portion. However, Wang teaches a first seal member and a second seal member (see Fig. 6; 53a, 53b). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Kopfler with a first and second seal, as taught by Wang, to provide a multi-lip seal that is dustproof and prevents leakage of lubricating oil (see page 8 lines 24-28). As a result of the combination, the following limitations would necessarily result: the first seal member (Wang; 53a) that seals the prime mover side (Kopfler; left side in Fig. 2) in the axial direction (Wang; left/right direction in Fig. 2) and a second seal member (Wang; 53b) that seals the clutch chamber side (Kopfler; right side in Fig. 2) in the axial direction are disposed on an inner peripheral surface that defines the hole of the extension portion (Kopfler; 51, 54).
Regarding claim 13, Kopfler discloses the power train (1) is mounted on a vehicle (see Fig. 1; 77) having a vehicle body (body of 77) that supports the power train (see Fig. 1). Kopfler fails to disclose the transmission casing includes: a first fixing portion that is disposed on a side surface of the casing body opposite to a side surface on which the extension portion is disposed and fixes the transmission casing to the vehicle body; and a second fixing portion that is disposed on the extension portion and fixes the transmission casing to the vehicle body. However, Wang teaches the transmission casing (see Fig. 1; casing) includes: a first fixing portion (see Fig. 2; fixing portion on 50) that is disposed on a side surface of the casing body opposite to a side surface on which the extension portion (30) is disposed and fixes the transmission casing to the vehicle body; and a second fixing portion (fixing portion on 30) that is disposed on the extension portion and fixes the transmission casing to the vehicle body (see Fig. 2). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Kopfler with first and second fixing portions, as taught by Wang, to securely attach the transmission to the vehicle to prevent excessive movement of the gearbox which could lead to damage and failure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
US 20220307585 A1 discloses a transmission with an extension portion and a plurality of fixing portions.
US 20230286368 A1 discloses a vehicle transmission with an oil cooler.
US 6318530 B1 discloses a vehicle transmission with a hydraulic actuator and block.
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/JOSEPH BROWN/Primary Examiner, Art Unit 3618