DETAILED ACTION
1. This action is in response to applicant's amendment received on 3/9/2026. Amended claims 1, 12, and new claim 16 are acknowledged and the following grounds of rejection below are maintained. Claim 2is now cancelled.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/9/2026 has been entered.
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.
Claim(s) 1, 3-4, 8-12, and 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tominaga et al. (U.S. Publication Number 2019/0092186), hereinafter “Tominaga”.
Regarding claim 1, Tominaga discloses a powertrain (paragraph 20) for a work machine, comprising: at least one electric motor configured to provide mechanical input power (paragraph 22); an electric energy store (2) configured to supply the at least one electric motor and a heating circuit (7a, 7b, 8c) with electric power; a multi-stage manual transmission (10) configured to convert the mechanical input power and provide it as mechanical output power; the heating circuit connected to a single joint cooling device (6) and configured to provide heating fluid for heating the energy store; and a cooling circuit (paragraph 23) configured to provide a cooling fluid (transmission oil) for cooling and lubricating the manual transmission during normal operation, wherein the heating circuit (7a, 7b, 8c) and the cooling circuit (paragraph 23) are thermally coupled via a heat exchanger (4) so as to transfer heat from the heating circuit (7a, 7b, 8c) to the cooling circuit (transmission oil) without fluid exchange (inherent since transmission oil and coolant never mix in an engine) after a downtime (engine is capable of doing so after some time) so as to lower a viscosity of the cooling fluid (transmission oil). Heating up transmission oil lowers the viscosity of the oil and the coolant flowing out of the battery (2) and into the oil cooler (4) is heated up.
Regarding claim 3, Tominaga discloses the powertrain (10) as claimed in claim 1, wherein the at least one electric motor (mentioned in paragraph 23) is connected to the heating circuit (7a, 7b, 8c). Examiner notes that when the powertrain is fully assembled, the electric motor would be connected to the heating circuit through components since all powertrain components are connected to each other. The claim does not state “directly” connected.
Regarding claim 4, Tominaga discloses the powertrain as claimed in claim 1, wherein a power electronics unit (3) of the at least one electric motor (paragraph 22) is connected to the heating circuit (7a, 7b,8c).
Regarding claim 8, Tominaga discloses the powertrain as claimed in claim 1, wherein the heating circuit (7a, tb, 8d) and/or the cooling circuit (paragraph 23) comprises at least one hydraulic separating valve (8d) via which the heat exchanger (6) can be hydraulically separated from the heating circuit (7a, 7b) and/or from the cooling circuit (paragraph 23) so that no heat exchange occurs any more between the heating circuit and the cooling circuit (within 4). Examiner notes that figure 3C shows that the cooling water path has the option to omit flow to the oil cooler and goes straight into the water pump if desired.
Regarding claim 9, Tominaga discloses the powertrain as claimed in claim 1, wherein the heating circuit (7a, 7b, 8c) comprises at least one hydraulic bypass valve (8c) via which the joint cooling device (6) can be hydraulically bypassed (shown in figure 1).
Regarding claim 10, Tominaga discloses the powertrain as claimed in claim 1, wherein the heating fluid is a water mixture and the cooling fluid is a transmission oil (paragraphs 22-23).
Regarding claim 11, Tominaga discloses the powertrain as claimed in claim 1, wherein the heating circuit (7a, 7b, 8c) and/or the cooling circuit (26) comprise in each case a feed pump (5).
Regarding claim 12, Tominaga discloses a method for operating a powertrain for a work machine, wherein the powertrain comprises at least one electric motor, an electric energy store, a multi-stage manual transmission, a heating circuit connected to a single joint cooling device, and a cooling circuit, the method comprising: providing a mechanical input power by the at least one electric motor; converting the mechanical input power into a mechanical output power by the manual transmission; supplying the at least one electric motor and the heating circuit with electrical power by the energy store; heating a heating fluid for heating the energy store by the heating circuit; cooling a cooling fluid for cooling and lubricating the manual transmission by the cooling circuit during normal operation; and heating the cooling circuit by the heating circuit via a heater or via a cooler, wherein the heating circuit and the cooling circuit are thermally coupled via a heat exchanger so as to transfer heat from the heating circuit to the cooling circuit without fluid exchange after a downtime so as to lower a viscosity of the cooling fluid. Refer to the rejection of claim 1 for further detail since the limitations are similar. The examiner chooses the cooler for the situation dependent manner.
Regarding claim 14, Tominaga discloses the method as claimed in claim 12 comprising conveying the heating fluid and the cooling fluid through the heat exchanger (4) if the energy store (2) is being charged (paragraph 23).
Regarding claim 15, Tominaga discloses a work machine, comprising the powertrain as claimed in claim 1 at least one of claims 1. Refer to the rejection of claim 1 for further details since the limitations are similar.
Regarding claim 16, Tominaga discloses a powertrain for a work machine, comprising: at least one electric motor configured to provide mechanical input power; an electric energy store configured to supply the at least one electric motor and a heating circuit with electric power, the heating circuit configured to provide a heating fluid for heating the energy store; a multi-stage manual transmission configured to convert the mechanical input power and provide it as mechanical output power; the heating circuit including a feed pump and a heating device connected in series upstream from the energy store; and a cooling circuit configured to provide a cooling fluid for cooling and lubricating the manual transmission during normal operation, wherein the heating circuit and the cooling circuit are thermally coupled via a heat exchanger so as to transfer heat from the heating circuit to the cooling circuit without fluid exchange, and wherein the heat exchanger is connected downstream from the energy store. Refer to the rejection of claim 1 for further details since the limitations are similar.
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 (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 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) 5-7 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tominaga in view of Feng (CN 116252591), hereinafter “Feng”.
Regarding claim 5, Tominaga discloses the same invention substantially as claimed except for a heater disposed within the circuit. However, Feng teaches the use of an electric heater (17) disposed in the cooling circuit to provide heat/cool supply to battery (21) for the purpose of providing heat energy, namely avoiding the automobile starting engine heat loss too much in the winter, and accelerating the heating of the passenger compartment at the same time to reduce engine heating time and improve engine efficiency as well as providing good working efficiency for the battery. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Tominaga by incorporating a heater within the cooling circuit as taught by Feng within the heating circuit of Tominaga for the purpose of providing heat energy, namely avoiding the automobile starting engine heat loss too much in the winter, and accelerating the heating of the passenger compartment at the same time to reduce engine heating time and improve engine efficiency as well as providing good working efficiency for the battery.
Regarding claim 6, Tominaga and Feng disclose the powertrain as claimed in claim 4, wherein the heating fluid is supplied in the a direction of flow from the heater (Feng, 17) initially to the energy store (Tominaga, 2) and subsequently to the power electronics unit (Tominaga, 3, shown in figure 1) before it is supplied to the at least one electric motor (Tominaga, paragraph 23). Examiner notes that the heater would be placed before the battery to allow the battery to be heated/cooled.
Regarding claim 7, Tominaga and Feng discloses the powertrain as claimed in claim 6, wherein the heating circuit (Tominaga, 7a, 7b, 8c) comprises at least one hydraulic directional valve (Tominaga, 8c) via which the direction of flow from the heater (Feng, 17) can be adjusted according to a state of the at least one hydraulic flow control valve, and wherein the heating fluid is supplied initially to the energy store (Tominaga, 2) and subsequently to the power electronics unit (Tominaga, 3, shown in figure 1) OR initially supplies the power electronics unit and subsequently the energy store. Examiner chooses to supply from the energy store to the power electronics unit.
Regarding claim 13, Tominaga and Feng disclose the method as claimed in claim 12, wherein the heating fluid is supplied in the a direction of flow from a heater (Feng, 17) of the heating circuit (Tominaga, 7a, 7b, 8c) initially to the energy store (Tominaga, 2) and subsequently to the a power electronics unit (Tominaga, 3) if a temperature of the power electronics unit (Tominaga, 3) is lower than a temperature of the energy store (Tominaga, 2, paragraphs 26 and 30), and that wherein the heating fluid is supplied in the direction of flow from the heater (Feng, 17) of the heating circuit initially to the power electronics unit (Tominaga, 3) and subsequently to the energy store (Tominaga, 2) if the temperature of the power electronics unit (Tominaga, 3) is higher than the temperature of the energy store (Tominaga, 2, paragraphs 26 and 30).
Response to Arguments
Applicant's arguments filed 3/9/2026 have been fully considered but they are not persuasive. Applicant argues that Tominaga is silent to transfer heat to heat up the transmission oil. However, the battery gets hot and therefore the coolant that is transferred to the oil cooler can be heated up oil if whenever the radiator (6) is bypassed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892.
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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/SYED O HASAN/ Primary Examiner, Art Unit 3747 4/18/2026
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