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 .
DETAILED ACTION
Claims 1 – 19 have been examined.
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.
Claims 1 – 19 are rejected under 35 U.S.C. 103 as being unpatentable over Albl et al. (DE102018204291) in view of Chen (CN211519227), both cited by Applicant. In regard to claims 1 and 11, Albl discloses a powertrain system, comprising two subsystems, the two subsystems are disposed side by side in a first direction and are symmetrical to each other, and the two subsystems are further disposed between two driving wheels, each of the subsystems comprises a motor (Fig. 2, items EM1 and EM2), a deceleration mechanism (Fig. 2, items SE1 and SE2), and an output shaft (Fig. 2, item 11), a rotation shaft of the motor is disposed in a second direction (Fig. 2, item 7), and the deceleration mechanism comprises a cylindrical gear pair (Fig. 2, item St1) and a bevel gear pair (Fig. 2, item K), wherein in each of the subsystems, the cylindrical gear pair comprises an active cylindrical gear and a driven cylindrical gear, an axis of the active cylindrical gear is disposed in the second direction, and the active cylindrical gear is transmittedly connected to the rotation shaft of the motor (Fig. 2), and the driven cylindrical gear is located on a side that is of the active cylindrical gear and that is distal from the other subsystem (Fig. 2), the bevel gear pair comprises an active bevel gear and a driven bevel gear, the active bevel gear is located on a side that is of the driven cylindrical gear and that is proximate to the motor (Fig. 2), and the active bevel gear is transmittedly connected to the driven cylindrical gear (Fig. 2), and an axis of the driven bevel gear is disposed in the first direction, the driven bevel gear is located on a side that is of the motor and that is distal from the other subsystem, and the driven bevel gear is transmittedly connected to the output shaft (Fig. 2), and the first direction and the second direction are disposed at an included angle (Fig. 2).
In regard to claim 2, Albl discloses wherein the first direction is perpendicular to the second direction (Fig. 2).
In regard to claims 7 and 16, Albl discloses wherein the rotation shaft of the motor and the active cylindrical gear are of an integrated structure; or the rotation shaft of the motor is connected to the active cylindrical gear by using a transmission structure (Fig. 2).
In regard to claims 8 and 17, Albl discloses wherein the output shaft and the driven bevel gear are of an integrated structure; or the output shaft is connected to the driven bevel gear by using a transmission structure (Fig. 2).
In regard to claims 10 and 19, Albl discloses wherein the two motors are disposed in contact with each other (Fig. 2, via various components).
In regard to claim 11, Albl discloses two driving wheels, and the and the two driving wheels are disposed side by side in a first direction (Figs. 1 and 2, item 3), the powertrain system is disposed between the two driving wheels, and each output shaft in the powertrain system is transmittedly connected to one driving wheel (Fig. 2).
Albl does not disclose the bevel gear being proximate to the motor. In regard to claim 1, Chen discloses a powertrain system wherein a small end of an active bevel gear is disposed proximate to a motor (Figs. 2 and 4, item 221).
In regard to claims 3 and 12, Chen discloses wherein the first direction is a width direction of the electric vehicle, and the second direction is a length direction of the electric vehicle, in each of the subsystems, in the first direction, at least a part of the active bevel gear overlaps a first side of the motor, wherein the first side of the motor is a side of the motor that is proximate to the cylindrical gear pair (Figs. 1 and 2).
In regard to claims 5 and 14, Chen discloses wherein in each of the subsystems, in the second direction, at least a part of the driven bevel gear overlaps a second side of the motor, wherein the second side of the motor is a side of the motor that is distal from the other subsystem (Figs. 1 and 2).
The addition of these features would result in a predictable variation that one of ordinary skill in the art would recognize as no more than the predictable use of prior art elements according to their established functions, which has been held unpatentable under 35 U.S.C. 103(a), absent evidence that the modifications necessary to effect the combination of elements is uniquely challenging or difficult for one of ordinary skill in the art. Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BAPI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Albl in view of Chen does not give specific measurements or dimensions for components or spacing. In regard to claims 4, 6, 9, 13, 15, and 18, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide components sized and spaced as recited in the current claims, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Response to Arguments
Applicant's arguments filed 22 April 2026 have been fully considered but they are not persuasive.
Applicant states, “This arrangement results from the large distance between motors EM1 and EM2, and the wheels along the vehicle length direction (X- axis), and the motors are not located between the wheels.”
Applicant appears to be arguing that the motors are required to be located directly on an axis connecting the wheels. This is an overly restrictive interpretation of the word “between.” The broadest reasonable interpretation of the word “between” would include everything within the vehicle located at a point laterally inward from both wheels. As such, the current claim language is met by the previous and instant rejections.
Applicant also states, “In Albl's configuration, the driving and driven bevel gears of the bevel gear transmission (K) are arranged at a position far from the motor EM1… Albl requires an extended transmission path, placing the driving bevel gear remotely from the motor… Such restructuring-transitioning from a ‘long-distance transmission with synchronous control’ to a ‘short-distance direct drive with spatial nesting’-exceeds conventional technical means available to a person of ordinary skill.”
There does not appear to be any language in the provided translation of Albl that it is required, or even suggested, that the transmission and motor are “far from” each other or have “an extended transmission path” linking them. In fact, Albl discloses multiple component locations (see translation page 4, central 1/3 of the page), indicating that placement of components is flexible, based on other component packaging/vehicle space considerations. Additionally it is unclear why “long-distance transmission with synchronous control” and “short-distance direct drive with spatial nesting” are in quotations marks, as neither phrase seems to exist in Albl or Chen. If this reading of Albl is in error, please provide appropriate citation to the specific language in Albl being referenced.
For these reasons, the rejections stand.
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 JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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/JOHN D WALTERS/Primary Examiner, Art Unit 3613
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