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 is the first action on the merits for application 18/324,383 filed on 05/26/2023. Claims 1-18 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/30/2023, 09/25/2023, 12/30/2024, 05/12/2025 have been considered by the examiner.
The listing of references (DE202016066076U1) in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “a first axle output coupling element”; “a first power take-off coupling element”; “a first coupling output coupling element”; “a second axle output coupling element”; “a second coupling output coupling element” in claim 2 and 11; “a second power take-off coupling element” in claim 3 and 12; “an additional first motor” in claim 8 and 17 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The term “transfer case” from ¶[0018]-[0019] describes a transfer case on in the context of preferred configurations and does not set a boundaries on the term “transfer case”. Thereof, under BRI, examiner interprets “transfer case” as any subassembly that capable of routing torque from a motor/power source to one or more axle shafts.
Applicant does not have any special definition of the term “coupled”; “connected”. Accordingly, the term “couple”; “connected” in the various claims is interpreted in its ordinary meaning, i.e., an indirect connection (e.g. with intermediate elements).
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-4, 6-9, 11-13, 15-18 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 2 and 11 recites “wherein the first axle output is configured to be coupled with the first electric motor by way of a first axle output coupling element, the first power take-off is configured to be coupled with the first electric motor by way of a first power take-off coupling element, the first coupling output is configured to be coupled with the first electric motor by way of a first coupling output coupling element, the second axle output is configured to be coupled with the second electric motor by way of a second axle output coupling element, and the second coupling output is configured to be coupled with the second electric motor by way of a second coupling output coupling element.”. It is indefinite because “coupling elements” lack clear structural definition in the specification and claim, it is vague and could encompass many structure; thereof, it fails to provide distinguishing boundaries for the recited limitation.
Claims 2, 8, 11 and 17 recites “the first power take-off” in line 4. There is insufficient antecedent basis for this limitation in the claim. Secondly, it is unclear if applicant is referring to a power-takeoff recited in claim 1 or different power take off.
Claims 3 and 12 recites “a second power take-off coupling element” . It is indefinite because “coupling elements” lack clear structural definition in the specification and claim, it is vague and could encompass many structure; thereof, it fails to provide distinguishing boundaries for the recited limitation.
Claims 4 and 13 recites “the first coupling output coupling element” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 6 and 15 recites “wherein the first transfer case has a plurality of associated first axles”. The claimed limitation contradicts with limitation from claim 1 “drive train comprises a first axle”; and the term “has” in claim 6, 15 suggests that axles are structural components of transfer case; however, from the specification and figures depict axle as external vehicle component connected to rather than included within the transfer case. Thereof, the relationship between the axles and transfer case is unclear. Secondly the scope of the term “associated” is also unclear and does not provide boundary for determining whether one or more axles are part of or connected to transfer case.
Claims 7 and 16 recites “wherein the second transfer case has a plurality of associated second axles”. The claimed limitation contradicts with limitation from claim 1 “drive train comprises a first axle”; and the term “has” in claim 7, 16 suggests that axles are structural components of transfer case; however, from the specification and figures depict axle as external vehicle component connected to rather than included within the transfer case. Thereof, the relationship between the axles and transfer case is unclear. Secondly the scope of the term “associated” is also unclear and does not provide boundary for determining whether one or more axles are part of or connected to transfer case.
Claims 8 and 17 recites “wherein the first power take-off is connected in a driving manner to an additional first electric motor.”. The specification does not disclose any structure enabling torque from any other motor besides first motor 12, see ¶[0043] of USPGPUB version; secondly the claim does not provides no structural, location, operation distinction between “first motor” recited in claim 1 and “additional first motor” recited in claim 8 and 17. Thereof, it is unclear “additional first motor” refers to previously recited first motor in claim 1 or separate additional motor. For the purpose of examining, examiner interprets “additional first motor” as “the first motor” recited in claim 1.
Claims 9 and 18 recites “the second power take-off”. There is insufficient antecedent basis for this limitation in the claim.
.
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.
Claim(s) 1-4, 6-8, 10-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by VAN DINGENEN (US 20210362593 A1)
VAN DINGENEN discloses:
Claim 1: An electrically operable drive train (200; Fig.2), comprising:
a first transfer case (226, 248, 298, 293, 286, 290, 292, shaft connects to PTO 278) having a first input (258), a first axle output (292) and a first coupling output (244) and a power take-off (shaft connects to PTO 278);
a first electric motor (216);
a first axle (299);
a second transfer case (232, 252, 282, 284, 286, 291, 297, 228, 208, 210, 214) having a second input (264), a second axle output (297) and a second coupling output (234);
a second electric motor (218) and;
a second axle (296);
wherein the first coupling output (244) is configured to be coupled with the second coupling output (234) by way of a coupling shaft (carrier 236. Note carrier is term in the art, carrier usually consists of central carrier shaft/spindle. Secondly, applicant’s specification does not define “coupling shaft”, examiner interprets the term “coupling shaft” functionally—any rotatable member that couples two torque-carrying components.).
Claim 2: The drive train (200; Fig.2) as claimed in claim 1, wherein the first axle output (292) is configured to be coupled (via 260, 242, 244, 248, 293, 290) with the first electric motor (216) by way of a first axle output coupling element (293),
the first power take-off (shaft connects to PTO 278) is configured to be coupled with the first electric motor (216) by way of a first power take-off coupling element (276),
the first coupling output (244) is configured to be coupled (via 260) with the first electric motor (216) by way of a first coupling output coupling element (260),
the second axle output (297) is configured to be coupled (via 230, 234, 236, 252, 284, 286, 291) with the second electric motor (218) by way of a second axle output coupling element (284), and
the second coupling output (234) is configured to be coupled (via 230) with the second electric motor (218) by way of a second coupling output coupling element (230).
Claim 3: The drive train (200; Fig.2) as claimed in claim 1, wherein the second transfer case (232, 252, 282, 284, 286, 291, 297, 228, 208, 210, 214) further has a second power take-off (214) configured to be coupled with the second electric motor (218) by way of a second power take-off coupling element (228).
Claim 4: The drive train (200; Fig.2) as claimed in claim 3, wherein the first coupling output coupling element (260) is arranged in the first transfer case (226, 248, 298, 293, 286, 290, 292, shaft connects to PTO 278. As 260 is part of planetary gearset 226) and the second coupling output coupling element (230) is arranged in the second transfer case (232, 252, 282, 284, 286, 291, 297, 228, 208, 210, 214. As 230 is part of planetary gearset 232).
Claim 6: The drive train (200; Fig.2) as claimed in claim 1, wherein the first transfer case (226, 248, 298, 293, 286, 290, 292, shaft connects to PTO 278) has a plurality of associated first axles (299, see ¶[0043]).
Claim 7: The drive train (200; Fig.2) as claimed in claim 1, wherein the second transfer case (232, 252, 282, 284, 286, 291, 297, 228, 208, 210, 214) has a plurality of associated second axles (296).
Claim 8: The drive train (200; Fig.2) as claimed in claim 1, wherein the first power take-off (shaft connects to PTO 278) is connected (via 276) in a driving manner to an additional first electric motor (216).
Claim 10: A vehicle (202) comprising the drive train (200) of claim 1.
Claim 11: The vehicle (202) of claim 10, wherein the first axle output (292) is configured to be coupled (via 260, 242, 244, 248, 293, 290) with the first electric motor (216) by way of a first axle output coupling element (293);
the first power take-off (shaft connects to PTO 278) is configured to be coupled with the first electric motor (216) by way of a first power take-off coupling element (276);
the first coupling output (244) is configured to be coupled (via 260) with the first electric motor (216) by way of a first coupling output coupling element (260);
the second axle output (297) is configured to be coupled (via 230, 234, 236, 252, 284, 286, 291) with the second electric motor (218) by way of a second axle output coupling element (284); and
the second coupling output (234) is configured to be coupled (via 230) with the second electric motor (218) by way of a second coupling output coupling element (230).
Claim 12: The vehicle of claim 10, wherein the second transfer case (232, 252, 282, 284, 286, 291, 297, 228, 208, 210, 214) further has a second power take-off (214) configured to be coupled with the second electric motor (218) by way of a second power take-off coupling element (228).
Claim 13: The vehicle of claim 12, wherein the first coupling output coupling element (260) is arranged in the first transfer case (226, 248, 298, 293, 286, 290, 292, shaft connects to PTO 278. As 260 is part of planetary gearset 226) and the second coupling output coupling element (230) is arranged in the second transfer case (232, 252, 282, 284, 286, 291, 297, 228, 208, 210, 214. As 230 is part of planetary gearset 232).
Claim(s) 1-2, 5-8, 10, 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SEEMANN ( DE102018215924A1)
Claim 1: An electrically operable drive train (Fig.5), comprising:
a first transfer case (15, 16, 17,18, 20, 8) having a first input (15), a first axle output (17) and a first coupling output (16) and a power take-off (8);
a first electric motor (1);
a first axle (11);
a second transfer case (21, 22, 23, 24) having a second input (22), a second axle output (24) and a second coupling output (23);
a second electric motor (13) and;
a second axle (12);
wherein the first coupling output (16) is configured to be coupled (via 22 and input gearset and coupling shaft-see annotated Fig. below) with the second coupling output (23) by way of a coupling shaft (see annotated Fig below).
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Claim 2: The drive train (Fig.5) as claimed in claim 1, wherein the first axle output (17) is configured to be coupled (via 18, 15, 1st input gearset-see annotated Fig below) with the first electric motor (1) by way of a first axle output coupling element (18),
the first power take-off (8) is configured to be coupled (via 15, 16, 17, 18, 20) with the first electric motor (1) by way of a first power take-off coupling element (20),
the first coupling output (16) is configured to be coupled (via 15 and 1st input gearset) with the first electric motor (1) by way of a first coupling output coupling element (1st input gearset-see annotated Fig below),
the second axle output (24) is configured to be coupled (via 21, 22, 2nd input gearset-see annotated Fig below) with the second electric motor (13) by way of a second axle output coupling element (21), and
the second coupling output (23) is configured to be coupled (via 22, 2nd input gearset) with the second electric motor (13) by way of a second coupling output coupling element (2nd input gearset-see annotated Fig below).
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Claim 5: The drive train (Fig.5) as claimed in claim 1, wherein the first axle output (17) and the first coupling output (16) have an identical speed reduction relative to the first input (15) (as both 17 and 16 are mounted on same shaft 15. Thereof, the speed ratio of both 16 and 17 relative to shaft 15 is identical), and
the second axle output (24) and the second coupling output (23) have the same identical speed reduction relative to the second input (22) (as both 23, 24 are mounted on same shaft 22. Thereof, the speed ratio of both 23 and 24 relative to shaft 22 is identical)
Claim 6: The drive train (Fig.5) as claimed in claim 1, wherein the first transfer case (15, 16, 17,18, 20, 8) has a plurality of associated first axles (11).
Claim 7: The drive train (Fig.5) as claimed in claim 1, wherein the second transfer case (21, 22, 23, 24) has a plurality of associated second axles (12).
Claim 8: The drive train (Fig.5) as claimed in claim 1, wherein the first power take-off (8) is connected (via 20, 15,16,17,18) in a driving manner to an additional first electric motor (1).
Claim 10: A vehicle (see ¶[0001] of translation) comprising the drive train (Fig.5) of claim 1.
Claim 14. The vehicle of claim 10, wherein the first axle output (17) and the first coupling output (16) have an identical speed reduction relative to the first input (15) (as both 17 and 16 are mounted on same shaft 15. Thereof, the speed ratio of both 16 and 17 relative to shaft 15 is identical), and
the second axle output (24) and the second coupling output (23) have the same identical speed reduction relative to the second input (22) (as both 23, 24 are mounted on same shaft 22. Thereof, the speed ratio of both 23 and 24 relative to shaft 22 is identical)
Claim 15: The vehicle of claim 14, wherein the first transfer case (15, 16, 17,18, 20, 8) has a plurality of associated first axles (11).
Claim 16: The vehicle of claim 15, wherein the second transfer case (21, 22, 23, 24) has a plurality of associated second axles (12).
Claim 17: The vehicle of claim 16, wherein the first power take-off (8) is connected (15, 16, 17,18, 20, and input gearset) via in a driving manner to an additional first electric motor (1).
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) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over SEEMANN ( DE102018215924A1) in view of SEEMANN (DE102018215920A1)
Claims 9 and 18: SEEMANN’924 does not disclose wherein the second power take-off is connected in a driving manner to an additional second electric motor.
SEEMANN’920 teaches a drive train (Fig.1) with a second motors (2) a clutch elements (11) that selectively couple motor (2) to PTO output (9).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add PTO (9-SEEMANN’920), clutch (11-SEEMANN’920), second motor (2-SEEMANN’920) to motor shaft of SEEMANN’924 such that PTO is connected in driving manner to second motor of SEEMANN’924 for the purpose of driving PTO loads or supplement torque, increasing available torque for the PTO, providing backup functionality in case one PTO fails or overload.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Schmidt (US 5669842 A) discloses two motors and transfer cases with PTO.
Steinberger (US 20170363180 A1) discloses two motors and transfer cases with PTO.
HANNON (US 20220170534 A1) discloses two motors and transfer cases with PTO.
Conclusion
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.
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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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/ERNESTO A SUAREZ/Supervisory Patent Examiner, Art Unit 3655
/LILLIAN T NGUYEN/ Examiner, Art Unit 3655A