Prosecution Insights
Last updated: April 19, 2026
Application No. 18/408,985

Electrically Variable Transmissions for Off-Road Vehicles

Non-Final OA §103
Filed
Jan 10, 2024
Examiner
FLUHART, STACEY A
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Arctic Cat Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
97%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
681 granted / 824 resolved
+30.6% vs TC avg
Moderate +14% lift
Without
With
+14.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
25 currently pending
Career history
849
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
40.3%
+0.3% vs TC avg
§102
24.6%
-15.4% vs TC avg
§112
33.2%
-6.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 824 resolved cases

Office Action

§103
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 § 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) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wittkopp et al. (DE. 102010004303A1; hereinafter “Wittkopp”) in view of Zhang et al. (CN 107444099A; hereinafter “Zhang”) and Imazu (US 2006/0175102). Claim 1 Wittkopp discloses an electrically variable transmission capable of being used for an off-road vehicle having an internal combustion engine (12) with a crankshaft (shaft of 12, including 516), the transmission comprising (see any of FIGS. 1-6; reference is made to FIG. 6 however all figures include the same interconnections): a compound planetary gear assembly (e.g., 40, 50) having first and second planetary gear sets (40, 50), the first planetary gear set (40) including a first ring gear (48), a first sun gear (42) and a first planet carrier (44), the second planetary gear set (50) including a second ring gear (58), a second sun gear (52) and a second planet carrier (54), the first and second planet carriers (54 connected integrally with 44 via 568, 560, 569) coupled together for common rotation, the first ring gear (48) in torque transferring communication with the crankshaft (516), the compound planetary gear assembly having a first rotational axis (518); a first motor generator (20) in torque transferring communication with the first sun gear (42); a second motor generator (22) in torque transferring communication with the second sun gear (52); and an output (526A) coupled to the first and second planet carriers (54, 44) for common rotation therewith; wherein, the first, second and third rotational axes are parallel rotational axes (see FIG. 6). Wittkopp does not disclose that the first motor generator has a first input gear having a second rotational axis, or that the second motor generator has a second input gear having a third rotational axis. However, Zhang discloses a transmission with two planetary gearsets, an engine and two motors, where both motors (61, 62) connect to elements of the planetary gearset via spur gearsets (see FIG. 1, illustrating gears at the motor shafts that mesh with the respective sun gears). 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 Wittkopp so that the motors connected via additional gears in order to condense the arrangement axially by allowing for greater radial placement of the two motors, i.e., allowing for placement of the motors spaced from and not coaxial with the main rotation axis of the planetary gearsets. Wittkopp does not disclose that the output includes an output gear. Imazu discloses a hybrid transmission including an output carrier (C) that includes an output gear (12) meshes with another output gear (13) transferring torque via a shaft (shaft of 13 and 14) and another gear (gear 14) to a differential (15) and wheels (16) (see FIG. 1). 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 Wittkopp to include an output gear to transfer torque from the output of the planetary gearset to the wheels in order to increase the flexibility of placement of the transmission relative to the axle, i.e., to allow for placement of the transmission away from the axle at a distance which condenses the arrangement along an axial direction. Claim 2 Wittkopp as modified discloses wherein, the crankshaft (12) has a fourth rotational axis (axis of 12 moved to be parallel and spaced from main axis of planetary gearsets); and wherein, the first, second, third and fourth rotational axes are parallel rotational axes (see Wittkopp, any of FIGS. 1-6 where all axes are parallel and would remain parallel if moved radially via an added spur gear according to the rejection of claim 1). Claim 3 Wittkopp as modified discloses an output driveshaft (see Imazu, shaft of gears 13 and 14, where gear 13 meshes with output gear 12 incorporated into Wittkopp based on rejection of claim 1) in torque transferring communication with the output gear (Imazu, gear 13 or gear 14), the output driveshaft having a fifth rotational axis; and wherein, the first, second, third, fourth and fifth rotational axes are parallel rotational axes (see Wittkopp, any of FIGS. 1-6 where all axes are parallel and would remain parallel if moved radially via an added spur gear according to the rejection of claim 1). Claim 4 Wittkopp as modified discloses wherein, the crankshaft (shaft of 12) has a fourth rotational axis; and wherein, the first and fourth rotational axes are common rotational axes (see Wittkopp, any of FIGS. 1-6 where all axes are parallel and would remain parallel if moved radially via an added spur gear according to the rejection of claim 1). Claim 5 Wittkopp as modified discloses an output driveshaft (see Imazu, shaft of gears 13 and 14, where gear 13 meshes with output gear 12 incorporated into Wittkopp based on rejection of claim 1) in torque transferring communication with the output gear (Imazu, gear 13 or gear 14), the output driveshaft having a fifth rotational axis; and wherein, the first, second, third and fifth rotational axes are parallel rotational axes (see Wittkopp, any of FIGS. 1-6 where all axes are parallel and would remain parallel if moved radially via an added spur gear according to the rejection of claim 1). Claim 6 Wittkopp as modified discloses an output driveshaft (see Imazu, shaft of gears 13 and 14, where gear 13 meshes with output gear 12 incorporated into Wittkopp based on rejection of claim 1) in torque transferring communication with the output gear (Imazu, gear 13 or gear 14), the output driveshaft having a fourth rotational axis; and wherein, the first, second, third and fourth rotational axes are parallel rotational axes (see Wittkopp, any of FIGS. 1-6 where all axes are parallel and would remain parallel if moved radially via an added spur gear according to the rejection of claim 1). Claim 7 Wittkopp discloses wherein, in a low speed mode (first forward mode of operation when C1 is engaged) of the vehicle, the second ring gear (58) is stationary (braked by C1) and each of the engine (12), the first motor generator (20) and the second motor generator (22) is configurable as an input to the compound planetary gear assembly. Claim 8 As would be well understood by those having ordinary skill in the art, Wittkopp discloses wherein, an output torque and an output speed of the compound planetary gear assembly is capable of being controlled by varying at least one of an engine speed, a first motor generator speed and a second motor generator speed. It is noted that the structure of Wittkopp meets the recited structure and is capable of being operated in the recited manner. Claim 9 As would be well understood by those having ordinary skill in the art, Wittkopp discloses wherein, in an intermediate speed mode (C1 and C2 engaged) of the vehicle, the first sun gear (42), the second ring gear (58) and the first motor generator (20) are stationary (braked by C1 and all interconnected by C2) and each of the engine (12) and the second motor generator (22) is configurable as an input to the compound planetary gear assembly. Claim 10 As would be well understood by those having ordinary skill in the art, Wittkopp discloses wherein, an output torque and an output speed of the compound planetary gear assembly is controlled by varying at least one of an engine speed and a second motor generator speed. It is noted that the structure of Wittkopp meets the recited structure and is capable of being operated in the recited manner. Claim 11 Wittkopp discloses wherein, the second motor generator (22) is configurable as an output of the compound planetary gear assembly operable to charge a battery (36) (see FIG. 1 illustrating both motor generators connected to the battery 36). Claim 12 Wittkopp discloses wherein, in a high speed mode (C2 engaged and C1 disengaged) of the vehicle, the first input gear of the first motor generator (20) is in torque transferring communication with the first sun gear (42) and the second ring gear (58) (via clutch C2 engaged) and each of the engine (12), the first motor generator (20) and the second motor generator (22) is configurable as an input to the compound planetary gear assembly. Claim 13 As would be well understood by those having ordinary skill in the art, Wittkopp discloses wherein, an output torque and an output speed of the compound planetary gear assembly is controlled by varying at least one of an engine speed, a first motor generator speed and a second motor generator speed. . It is noted that the structure of Wittkopp meets the recited structure and is capable of being operated in the recited manner. Claim 14 Wittkopp discloses wherein, each the first motor generator (20) and the second motor generator (22) is configurable as an output of the compound planetary gear assembly operable to charge a battery (36) (see FIG. 1 illustrating both motor generators connected to the battery). Claim 15 Wittkopp discloses an off-road vehicle comprising (see any of FIGS. 1-6, reference below is made to FIG. 6): an internal combustion engine (12) with a crankshaft (output shaft from 12 including 516); a compound planetary gear assembly (e.g., 40, 50) having first and second planetary gear sets (40, 50), the first planetary gear set (40) including a first ring gear (48), a first sun gear (42) and a first planet carrier (44), the second planetary gear set (50) including a second ring gear (58), a second sun gear (52) and a second planet carrier (54), the first and second planet carriers (54 connected integrally with 44 via 568, 560, 569) coupled together for common rotation, the first ring gear (48) in torque transferring communication with the crankshaft (516), the compound planetary gear assembly having a first rotational axis (518); a first motor generator (20) in torque transferring communication with the first sun gear (42); a second motor generator (22) in torque transferring communication with the second sun gear (52); and an output (526A) coupled to the first and second planet carriers (54, 44) for common rotation therewith; wherein, the first, second and third rotational axes are parallel rotational axes (see FIG. 6). Wittkopp does not disclose that the first motor generator has a first input gear having a second rotational axis, or that the second motor generator has a second input gear having a third rotational axis. However, Zhang discloses a transmission with two planetary gearsets, an engine and two motors, where both motors (61, 62) connect to elements of the planetary gearset via spur gearsets (see FIG. 1, illustrating gears at the motor shafts that mesh with the respective sun gears). 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 Wittkopp so that the motors connected via additional gears in order to condense the arrangement axially by allowing for greater radial placement of the two motors, i.e., allowing for placement of the motors spaced from and not coaxial with the main rotation axis of the planetary gearsets. Wittkopp does not disclose that the output includes an output gear. Imazu discloses a hybrid transmission including an output carrier (C) that includes an output gear (12) meshes with another output gear (13) transferring torque via a shaft (shaft of 13 and 14) and another gear (gear 14) to a differential (15) and wheels (16) (see FIG. 1). 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 Wittkopp to include an output gear to transfer torque from the output of the planetary gearset to the wheels in order to increase the flexibility of placement of the transmission relative to the axle, i.e., to allow for placement of the transmission away from the axle at a distance which condenses the arrangement along an axial direction. Wittkopp does not necessarily disclose at least one ground-engaging member in torque transferring communication with the output gear, the at least one ground-engaging member configured to provide ground propulsion for the vehicle responsive to torque from the output gear. However, it is well known that the transmission powers wheels for a “vehicle.” Nonetheless, Zhang discloses that the output (1) from the transmission is in torque transferring communication with two ground-engaging members to provide propulsion for the vehicle responsive to torque from the output (see FIG. 1). 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 further modified Wittkopp so that the output gear was in torque transferring communication with a differential and two wheels as taught by Zhang in order to power the vehicle in a forward or reverse direction. Claim 16 Wittkopp as modified discloses wherein, the off-road vehicle is a wheeled off-road vehicle. Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wittkopp in view of Zhang and Imazu, and further in view of Si (US 2010/0048338). Claim 17 Wittkopp does not disclose wherein, the off-road vehicle is a tracked off-road vehicle. However, Si discloses that the output (105) of a transmission may provide torque to wheels or tracks (see e.g., paragraphs [0002], [0005], or [0006]). 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 Wittkopp so that the output transmitted torque to tracks instead of wheels such that the vehicle were a tracked off-road vehicle in order to increase mobility of the vehicle. Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wittkopp in view of Zhang and Imazu, and further in view of Supina (US 7,572,201). Claim 18 Wittkopp does not disclose the orientation of the transmission and engine relative to the frame or wheels of the vehicle. As such, Wittkopp does not disclose wherein, the compound planetary gear assembly is positioned aft of the internal combustion engine. However, Supina discloses a hybrid vehicle where a compound planetary gear assembly/transmission (e.g., 94, 82) is positioned aft of the internal combustion engine (76) (see FIG. 2, illustrating this arrangement where wheels 122 are the front of the vehicle). 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 Wittkopp to have provided the transmission such that the engine were oriented at the front of the vehicle and the transmission were rearward of the engine in order to provide better handling of the vehicle by providing increased weight for front wheel drive vehicles. The decision of whether to place the engine near the front or near the rear of the vehicle is a matter of design choice to yields predictable results, where front weighted vehicles provide better handling particularly for front wheel drive vehicles while rear weighted vehicles may provide better acceleration particularly for rear wheel drive vehicles. Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wittkopp in view of Zhang and Imazu, and further in view of Takagi (US 8,662,239). Claim 19 Wittkopp does not disclose the orientation of the transmission and engine relative to the frame or wheels of the vehicle. As such, Wittkopp does not disclose wherein, the compound planetary gear assembly is positioned forward of the internal combustion engine. However, Takagi discloses a space for the engine (R) is rearward of the transmission (56) (see FIG. 2). 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 Wittkopp to have provided the transmission such that the engine were oriented at the rear of the vehicle and the transmission were forward of the engine in order to provide better acceleration particularly for rear driven vehicles. The decision of whether to place the engine near the front or near the rear of the vehicle is a matter of design choice to yields predictable results, where front weighted vehicles provide better handling particularly for front wheel drive vehicles while rear weighted vehicles may provide better acceleration particularly for rear wheel drive vehicles. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wittkopp in view of Zhang and Imazu, and further in view of Okuwaki (US 2017/0274753). Claim 20 Wittkopp does not disclose the orientation of the transmission and engine relative to the frame or wheels of the vehicle. As such, Wittkopp does not disclose wherein, the compound planetary gear assembly is positioned lateral of the internal combustion engine. The lateral direction is the right to left direction of the vehicle as described in Applicant’s specification. Okuwaki discloses a transmission with a compound planetary gear assembly that is laterally oriented relative to the axle and also laterally next to the engine (3) (see e.g., FIG. 1). 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 Wittkopp to have modified Wittkopp to have provided the transmission and engine along a transverse/lateral direction in order to provide a more compact orientation with more a spacious cabin and/or lower production costs. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2007/0072723 discloses a compound planetary gearset with a single common carrier that connects to the output and an engine that inputs torque into a ring gear. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /STACEY A FLUHART/ Primary Examiner, Art Unit 3655
Read full office action

Prosecution Timeline

Jan 10, 2024
Application Filed
Feb 13, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
97%
With Interview (+14.0%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 824 resolved cases by this examiner. Grant probability derived from career allow rate.

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