DETAILED ACTION
This is on the merits of Application No. 18415479, filed on 01/17/2024. Claims 1-20 are pending. Claims 4-10 and 16-20 are withdrawn. 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.
Claims 1-3 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over DE102019119459 to Jurkschat et al (cited in applicant’s IDS).
Jurkschat discloses:
(Claim 1) An electric vehicle drive system (Figs. 5, 25-32), comprising a first powertrain (14), a second powertrain (26), a first transmission system (24), a second transmission system (see par. [0051], [0053], second powertrain can have any design, for example the powertrain of Fig. 21), and a battery system (see par. [0026]), wherein the first powertrain is connected to the first transmission system, and the first transmission system is in transmission connection to first-side wheels of an electric vehicle (see Fig. 5, powertrain 14 connected to 24 which are connected to the front wheels); the second powertrain is connected to the second transmission system, and the second transmission system is in transmission connection to second-side wheels of the electric vehicle (see Fig. 5 element 26 connected to rear wheels); the first powertrain comprises a generator and an engine (see Fig. 25-32 elements 28 and 30, par. [0033]), and the engine is configured to drive the generator to generate electric energy, or drive the first-side wheels by using the first transmission system; and the generator is configured to drive the first-side wheels by using the first transmission system, or output the generated electric energy to the battery system; the second powertrain is configured to drive the second-side wheels by using the second transmission system; and the battery system is connected to the generator and the second powertrain, and is configured to receive the electric energy output by the generator, and output stored electric energy to at least one of the second powertrain and the generator (see Par. [0033], motors configured to drive the respective wheels or used as generators to charge the batteries).
(Claim 2) wherein the first powertrain further comprises a connection assembly; the engine and the generator are in transmission connection by using the connection assembly; the engine and the first transmission system are in transmission connection by using the connection assembly; and the generator and the first transmission system are in transmission connection by using the connection assembly (see Figs. 25-32).
(Claim 3) wherein the connection assembly comprises a first transmission (gears 34, 36, 40, 42, 46, 48), a second transmission (gears 50 and 54), a first clutch (66), and a second clutch (84); an input shaft (32) of the first transmission is connected to the engine by using the first clutch, and an output shaft (44) of the first transmission is connected to the generator (through 87. It is noted this is not a direct connection as shown in the current application, but the claim does not require a direct connection); an input shaft of the second transmission is connected to the generator by using the second clutch, and an output shaft of the second transmission is connected to the first transmission system (56); when the first clutch is engaged, the engine drives the generator to generate the electric energy, and the generator outputs the generated electric energy to the battery system (see Fig. 32); when the second clutch is engaged, the generator drives the first-side wheels by using the first transmission system (see Fig. 31); and when the first clutch and the second clutch are engaged, the engine drives the first-side wheels by using the first transmission system (see Fig. 29).
(Claim 11) wherein the second powertrain comprises a third transmission (Fig. 21 as applied to element 26); and the electric motor is connected to the battery system; an input shaft (32) of the third transmission is connected to the electric motor (through 86), and an output shaft (44) of the third transmission is connected to the second transmission system (56).
(Claim 12) wherein the first transmission comprises a speed reducer or a speed increaser (see gear ratio between 40 and 46, for example).
(Claim 13) An electric vehicle, comprising a vehicle body, first-side wheels, second-side wheels, and an electric vehicle drive system (see Fig. 5), wherein the electric vehicle drive system comprises a first powertrain, a second powertrain, a first transmission system, a second transmission system, and a battery system, wherein the first powertrain is connected to the first transmission system, and the first transmission system is in transmission connection to the first-side wheels of the electric vehicle; the second powertrain is connected to the second transmission system, and the second transmission system is in transmission connection to the second-side wheels of the electric vehicle; the first powertrain comprises a generator and an engine, and the engine is configured to drive the generator to generate electric energy, or drive the first-side wheels by using the first transmission system; and the generator is configured to drive the first-side wheels by using the first transmission system, or output the generated electric energy to the battery system; the second powertrain is configured to drive the second-side wheels by using the second transmission system; and the battery system is connected to the generator and the second powertrain, and is configured to receive the electric energy output by the generator, and output stored electric energy to at least one of the second powertrain and the generator (see claim 1 above).
(Claim 14) wherein the first powertrain further comprises a connection assembly; the engine and the generator are in transmission connection by using the connection assembly; the engine and the first transmission system are in transmission connection by using the connection assembly; and the generator and the first transmission system are in transmission connection by using the connection assembly (see claim 2 above).
(Claim 15) wherein the connection assembly comprises a first transmission, a second transmission, a first clutch, and a second clutch; an input shaft of the first transmission is connected to the engine by using the first clutch, and an output shaft of the first transmission is connected to the generator; an input shaft of the second transmission is connected to the generator by using the second clutch, and an output shaft of the second transmission is connected to the first transmission system; when the first clutch is engaged, the engine drives the generator to generate the electric energy, and the generator outputs the generated electric energy to the battery system; when the second clutch is engaged, the generator drives the first-side wheels by using the first transmission system; and when the first clutch and the second clutch are engaged, the engine drives the first-side wheels by using the first transmission system (see claim 3 above).
Jurkschat does not explicitly disclose:
(Claims 1 and 13) wherein the second powertrain comprises an electric motor.
Jurkshcat teaches:
Rear axle 16 can be driven by an additional drive 26 of any design.
A drive including an electric motor (Fig. 21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified, with a reasonable expectation of success, the structure of Jurkschat to have the second powertrain comprise an electric motor, as taught by Jurkschat, in order to provide a form of power to move the rear axle. Jurkschat provides teaching that an additional drive of any design can be used to drive the rear axle. Jurkschat also provides many different examples of powertrains that comprise an electric motor. One of ordinary skill in the art would be able to use any of the powertrains already taught by Jurkschat and apply them to the additional drive 26 and produce predictable results.
Response to Arguments
Applicant’s arguments, see Remarks, filed 06/10/2026, with respect to the rejections of claims 1-3 and 11-15 under 102(a)(2) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Jurkschat when used as a single reference 103 rejection.
Applicant argues that Jurkschat is silent with respect to the second powertrain comprising an electric motor. As shown above, Jurkschat teaches that any design of a drive can be used for drive 26. Jurkschat also provides many examples of drives that can be used. One of ordinary skill could apply any of those drives taught by Jurkschat to be used as the drive for 26 and produce predictable results. These drives include an electric motor, therefore the claim limitation is met.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TIMOTHY HANNON whose telephone number is (571)270-1943. The examiner can normally be reached Monday - Friday 10-6.
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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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/TIMOTHY HANNON/Primary Examiner, Art Unit 3655
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