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 § 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.
Claim 5-8 and 10 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.
Claim 5 recites “at least one elastic portion” while claim 1, from which claim 5 depends, recites, “an elastic portion.” It is unclear if these refer to the same elastic portion or two distinct elastic portions.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 4, 5, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nerstad et al. (US 2008/0153656; hereinafter "Nerstad") in view of Robinette et al. (US 2012/0234279; hereinafter "Robinette").
Claim 1
Nerstad discloses a spring reaction force variable apparatus comprising:
a motor (204) configured to provide a torque;
an output shaft of the motor (shaft inputting torque into flywheel 210);
a reducer (see embodiment of reducer in FIG. 6, specifically includes 322, 324, 326) disposed at an output end portion (end connected to 210); and
a spring portion (see annotated FIG. 6 below, “elastic portion” which is the torsional spring of 310) coupled between a frame (308) including a non-rotational area (308 is non-rotation) and the reducer,
wherein the spring portion (“elastic portion”) includes an elastic portion (“elastic portion”) coupled to the frame (308),
wherein reaction torque of the spring portion (310) is varied according to driving of the motor (the amount of force of the spring depends on the amount compressed as would be well understood by one skilled in the art).
Nerstad does not disclose a clutch unit at flywheel 210 connected to the output shaft of the motor. However, Robinette discloses an input (50 or 20) that receives torque of a drive source (16) and transfers that torque, through a two way clutch (58 or alternatively 50 which axially slides to engage or disengage 22) to a damping planetary gearset (44) in order to selectively add damping to the system which slows down the speed ramp during desired times. This lowers the vibrations transferring to the mounts and overall on the vehicle which would be particularly desired during common auto starts when the passengers do not need a fast ramp up but desired low vibrations and less noticeable feel from the engine starting.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Nerstad to have added a two way clutch between the input drive source and planetary gearset in order to selectively provide torque to or from the drive source from or two the planetary gearset to allow for more control over whether power is transferred.
As so modified the clutch unit would be connected to the output shaft of the motor 204 and the reducer would be disposed at an output end portion of the clutch unit.
Unless otherwise noted, the references below are to Nerstad.
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Claim 4
Nerstad as modified discloses wherein the reducer (206) is implemented as a planetary gear set (see FIG. 6), and wherein the planetary gear set includes:
a sun gear (306) coupled to the output end portion of the two-way clutch unit (clutch added right before 210 according to rejection of claim 1);
a ring gear (302 or 322) fixed to the spring portion (“elastic portion” of 310);
a plurality of planetary gears (305) disposed between the sun gear (306) and the ring gear (302) and engaged thereto; and
a planet carrier (304) including a first end portion (left end in FIG. 6) connected to the planetary gears and a second end portion (right end in FIG. 6) connected to an external load (314).
Claim 5
Nerstad as modified discloses wherein the spring portion includes: at least one elastic portion (same “elastic portion” in annotated FIG. 6 above and recited in claim 1) including a first end portion (outer portion/upper portion in FIG. 6) fixed to the frame (308); and a ring gear fixing portion (labeled in annotated FIG. 6 above, and is the sleeve immediately outside of the ring gear teeth 322) coupled to the ring gear (322) and to which a second end portion of the at least one elastic portion is fixed (see annotated FIG. 6 above).
Claim 7
Nerstad as modified discloses wherein the at least one elastic portion includes:
a first elastic portion adjacent to the frame; and
a second elastic portion adjacent to the ring gear (see annotated FIG. 6).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nerstad FIG. 6 in view of Robinette and Nerstad FIG. 4b.
Claim 6
Nerstad FIG. 6 does not disclose wherein the ring gear fixing portion is coupled to an external end portion of the at least one elastic portion, and the frame is coupled to a central area of the at least one elastic portion, and instead discloses that the external or outer portion of the elastic member is coupled to the frame.
However, FIG. 4b discloses that the external end portion of the elastic portion (outer portion 310) is coupled to the ring gear (302) and the frame (308) is coupled to a central area (inside) of the elastic portion. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Nerstad FIG. 6 to connect the spring to the frame in the manner disclosed in FIG. 4b since this is a simple substitution of one known connection method for another to yield predictable results and in this case would reduce the radial dimension.
Claim(s) 11, 12, 13, 15, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nerstad FIG. 6 in view of Robinette and Graner et al. (US 2023/0151882; hereinafter "Graner").
Claim 11
Nerstad discloses a spring reaction force variable apparatus comprising:
a motor (204) configured to provide a torque;
an output shaft of the motor (shaft inputting torque into flywheel 210);
a planetary gear set (206; see embodiment of reducer in FIG. 6, specifically includes 322, 324, 326, 304) connected to an output end portion (end connected to 210); and
a spring portion (see annotated FIG. 6 below, “elastic portion” which is the torsional spring of 310) to couple between a frame (308) including a non-rotational area (308 is non-rotation) and the planetary gear set (e.g., 322, 324, 326, 304),
wherein the spring portion (“elastic portion”) includes an elastic portion (“elastic portion” in annotated FIG. 6 above) coupled to the frame (308)
wherein the planetary gear set (206 including 322, 324, 326, 304) includes a planet carrier (304) configured to transmit motor torque of the motor or reaction torque of the spring portion to outside thereof (304 transmits any force from 210 and 302 to 314).
Nerstad discloses throughout the disclosure that the power electronics that control the vehicle and that engine rotates are various speeds. This control is interpreted as a controller that controls the engine.
Nerstad does not necessarily disclose a controller configured to control driving of the motor and to set driving frequency of the motor. However, Graner discloses an electric motor that supplies torque to a planetary gear set and output (see e.g., FIG. 3).
Graner discloses that the motor is controlled to be varied and can start up gently and then be raised to a desired manner (see paragraph [0044]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Nerstad to have either maintained an engine as the motor and control the motor such that it is varied in order to provide better controls on the output, or alternatively to substitute the engine for an electric motor and also control the electric motor to be varied as in Graner in order to provide better controls on the output and/or to provide greater efficiency.
Nerstad does not disclose a two-way clutch unit connected to the output shaft of the motor. However, Robinette discloses an input (50 or 20) that receives torque of a drive source (16) and transfers that torque, through a two way clutch (58 or alternatively 50 which axially slides to engage or disengage 22) to a damping planetary gearset (44) in order to selectively add damping to the system which slows down the speed ramp during desired times. This lowers the vibrations transferring to the mounts and overall on the vehicle which would be particularly desired during common auto starts when the passengers do not need a fast ramp up but desired low vibrations and less noticeable feel from the engine starting.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Nerstad to have added a two way clutch between the input drive source and planetary gearset in order to selectively provide torque to or from the drive source from or two the planetary gearset to allow for more control over whether power is transferred.
As so modified the planetary gearset would be connected to the output end portion of the clutch unit, and the clutch unit would be connected to the output shaft of the motor.
Claim 12
Nerstad discloses wherein the planetary gear set further includes:
a sun gear (306) coupled to the output end portion of the clutch unit (at 210);
a ring gear (302 or 322) fixed to the spring portion (310); and
a plurality of planetary gears (305) connected to the planet carrier (304) an
engaged to the sun gear (306) and the ring gear (302) between the sun gear
and the ring gear (see FIG. 6).
Claim 13
Nerstad discloses wherein the spring portion includes:
atheframe (308) which is stationary so as not to rotate;
at least one elastic portion including a first end portion (upper or outer end of 310) fixed to the frame; and
a ring gear fixing portion coupled to the ring gear (322) and to which a second end portion (inner portion of radial portion of 310) of the at least one elastic portion is fixed (see annotated FIG. 6 in rejection of claim 5).
Claim 15
Nerstad as modified discloses wherein the at least one elastic portion includes: a first elastic portion adjacent to the frame; and a second elastic portion adjacent to the ring gear (see annotated FIG. 6 in rejection of claim 5).
Claim 18
Nerstad as modified according to claim 11 discloses wherein the controller is configured to drive the motor at least once to vary the reaction torque of the spring portion so that the reaction torque of the spring portion is varied according to driving of the motor. If the drive source is controlled and varied then the spring reaction torque will also necessarily vary.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nerstad FIG. 6 in view of Robinette and Graner, and further in view of and Nerstad FIG. 4b.
Claim 14
Nerstad FIG. 6 does not disclose wherein the ring gear fixing portion is coupled to an external end portion of the at least one elastic portion, and the frame is coupled to a central area of the at least one elastic portion, and instead discloses that the external or outer portion of the elastic member is coupled to the frame.
However, FIG. 4b discloses that the external end portion of the elastic portion (outer portion 310) is coupled to the ring gear (302) and the frame (308) is coupled to a central area (inside) of the elastic portion. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Nerstad FIG. 6 to connect the spring to the frame in the manner disclosed in FIG. 4b since this is a simple substitution of one known connection method for another to yield predictable results and in this case would reduce the radial dimension.
Allowable Subject Matter
Claims 8, 10, 16, and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
With reference to claim 8, the prior art does not disclose or render obvious an apparatus comprising the combination of features as reciting including "wherein a spring connecting portion includes a first spring connecting portion and a second spring connecting portion, wherein the first elastic portion includes an external end portion coupled to the frame via the first spring connecting portion fixed to the frame, wherein the second elastic portion includes an external end portion coupled to the ring gear via the second spring connecting portion fixed to the ring gear fixing portion, and wherein the first elastic portion and the second elastic portion each have central areas coupled to each other."
With reference to claim 10, the prior art does not disclose or render obvious an apparatus comprising the combination of features as reciting including "wherein the at least one elastic portion includes more than one elastic portion having a different spring constant each other."
With reference to claim 16, the prior art does not disclose or render obvious an apparatus comprising the combination of features as reciting including "wherein a spring connecting portion includes a first spring connecting portion and a second spring connecting portion, wherein the first elastic portion includes an external end portion coupled to the frame via the first spring connecting portion fixed to the frame, wherein the second elastic portion includes an external end portion coupled to the ring gear via the second spring connecting portion fixed to the ring gear fixing portion, and wherein the first elastic portion and the second elastic portion each have central area coupled to each other."
With reference to claim 19, the prior art does not disclose or render obvious an apparatus comprising the combination of features as reciting including "wherein, when the motor is driven once, the controller is configured to determine a rotation amount of the planet carrier and then sets driving frequency of the motor based on the determined rotation amount of the planet carrier."
Response to Arguments
Applicant's arguments filed June 30, 2026 have been fully considered but they are not persuasive.
Applicant argues that in Nerstad the portion (302), which is the element a part of which is annotated as the ring fixing portion, cannot be a ring fixing portion because it is a rigid gear component not a spring or elastic member. However, there is no description in the claims or specification that describe the ring fixing portion as elastic. Instead it is the elastic portion that is the spring and this is a distinct component from the fixing portion. The ring fixing portion is annotated as the innermost sleeve of element 302 and is immediately outward of the ring gear/ring gear teeth.
Applicant also cites to paragraph [0026] and argues that the elastic portion is a torsional coupling between the carrier and ring. Firstly, this paragraph is describing FIG. 2 which is a different embodiment and in addition, the spring in that embodiment is not between the carrier and ring but rather between the sun and housing/non-rotatable portion. Furthermore, the phrase “torsional coupling” is a common term for these types of coil springs that act in a circumferential direction. FIGS. 2 and 3 illustrate different embodiments than that cited to by Examiner in the office action, but include more details of the torsional spring. As shown, this well-known spring arrangement typically includes a center plate that holds one side of the spring and two outer plates that hold the other side of the spring where the coil springs compress in a circumferential direction. The subclasses F16F15/1333 and F16F15/1421 are two examples subclasses that includes details of these exact types of springs, illustrated the same way as in Nerstad.
In view of the above, some rejections are maintained and after further consideration as noted in the allowable subject matter section some claims have been allowed.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM.
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, 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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/STACEY A FLUHART/ Primary Examiner, Art Unit 3655
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