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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/27/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claims 1, 10, and 15, the new limitation "the second gear mode mechanical power is not transferred through the planetary gearset to the output shaft" is new matter as it is not supported by the specification. For example, in fig. 2(B) of the instant application when the first clutch is engaged, the sun, carrier and ring all rotates as one unit with a 1:1 ratio. The same thing happens in fig. 4(A) of Yamamoto (US 20230040408 A1) where when the first clutch is engaged, the sun, carrier, and ring all rotates as one unit with a 1:1 ratio. As a result, the power is directly transferred between the first gear and the output and there is no way for the mechanical power to not go through the planetary gearset to the output shaft.
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 1-20 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.
In claims 1, 10, and 15, the limitation " the second gear mode mechanical power is not transferred through the planetary gearset to the output shaft" is unclear. Does this mean the carrier and ring don't rotate at all when the first clutch is engaged or if the entire planetary gear rotates as one? As best understood, it seems like the entire planetary gear needs to rotate as one. The limitation is being interpreted to be when a planetary gearset locks up and rotates as one unit, the second gear mode mechanical power is not transferred through the planetary gearset to the output shaft as the ratio is 1:1.
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.
Claim(s) 1-4, 6-8, 10-15 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Serrao (US 20200391582 A1) in view of Yamamoto (US 20230040408 A1) and in further view of Bebeti (US 20210164193 A1).
Regarding claim 1, Serrao discloses (in annotated fig. 2) an electric driveline system (fig. 2), comprising: a first gear (FG) that directly meshing with two gears (EM1G, EM2G) that are rotationally coupled to a first electric machine (EM1) and a second electric machine (EM2), respectively; the first gear (FG) is rotational coupled to a shaft (transmission shaft 6a) and an output shaft (6b) including a first output interface (FOI), and a controller (ECU para. [0039-0040] discloses the ECU controlling the first and second clutching devices).
Serrao does not disclose a planetary gearset including a second gear that is rotationally coupled to the first gear via a shaft; wherein the output shaft is rotationally coupled to the planetary gearset; and a first clutch configured to: in an engaged state, rotationally couple the first gear to the output shaft, and a controller configured to: in a first gear mode, disengage the first clutch; and in a second gear mode, engage the first clutch such that mechanical power is directly transferred between the first gear and the output shaft, wherein in the second gear mode mechanical power is not transferred through the planetary gearset to the output shaft.
Yamamoto, as best understood, teaches (in annotated fig. 3) a planetary gearset (4) including a second gear (11) that is rotationally coupled to the first gear (Yamamoto does not disclose the first gear but it would be to the right of the transmission shaft 2) via the shaft (transmission shaft 2); wherein the output shaft (3) is rotationally coupled to the planetary gearset (4); and a first clutch (40) configured to: in an engaged state, rotationally couple the first gear (Yamamoto does not disclose the first gear but it would be to the right of the transmission shaft 2) to the output shafts (3). (While Yamamoto does not disclose the first gear, the combination would allow the second gear 11 of Yamamoto to be rotationally coupled to the first gear FG of Serrao via transmission shaft 6a of Serrao. The first clutch 40 of Yamamoto would be configured to in an engaged state, rotationally couple the first gear FG of Serrao to the output shaft 3 of Yamamoto), and a controller (39) configured to: in a first gear mode (fig. 4B), disengage the first clutch (40); and in a second gear mode (fig. 4A), engage the first clutch (40) such that mechanical power is directly transferred between the first gear (gear to the right of the transmission shaft) and the output shaft (3), wherein in the second gear mode (fig. 4A) mechanical power is not transferred through the planetary gearset (4) to the output shaft (3, and para. [0170-0172] teaches that from the input member 2 to carrier 13 to output member 3, there would be a reduction ratio is 1. The planetary gear is now locked-up and is rotating as one unit, so mechanical power is not transferred through the planetary gearset to the output shaft).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the transmission and controller of Serrao with the transmission and controller, as taught by Yamamoto, as it is substituting one known generic transmission and controller with another known specific transmission and controller for the purpose of shifting between two gear ratio using a simple transmission.
Serrao in view of Yamamoto does not teach the output shaft including a first output interface and a second output interface that are arranged on opposing ends of the output shaft; wherein the first output interface and the second output interface are rotationally coupled to distinct drive axles.
Bebeti teaches (in annotated fig. 1) the output shaft (9) including a first output interface (IF1) and a second output interface that are arranged on opposing ends of the output shaft (9); wherein the first output interface (IF1) and the second output interface (IF2) are rotationally coupled to distinct drive axles (10, 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the single output interface of Serrao in view of Yamamoto with the first and second output interface, as taught by Bebeti, in order to be able to have a connection that can go to the rear axle to provide more vehicle control.
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Regarding claim 2, Serrao in view of Yamamoto and in further view of Bebeti teaches the electric driveline system of claim 1, wherein the first gear (Serrao FG) is rotationally coupled to a sun gear (Yamamoto 11) in the planetary gearset (Yamamoto 4).
Regarding claim 3, Serrao in view of Yamamoto and in further view of Bebeti teaches the electric driveline system of claim 1, further comprising a second clutch (Yamamoto 41) configured to selectively ground a ring gear (Yamamoto 12) in the planetary gearset (Yamamoto 4).
Regarding claim 4, Serrao in view of Yamamoto and in further view of Bebeti teaches the electric driveline system of claim 3, wherein the second clutch (Yamamoto 41) is a friction clutch (41 is a brake and brakes are friction clutches).
Regarding claim 6, Serrao in view of Yamamoto and in further view of Bebeti teaches the electric driveline system of claim 1, wherein the first clutch (Yamamoto 40) is a friction clutch (Yamamoto para. [0104] discloses 40 is a friction engaging device).
Regarding claim 7, Serrao in view of Yamamoto and in further view of Bebeti teaches the electric driveline system of claim 1, wherein the electric driveline system is included in an all-electric vehicle (Serrao para. [0002] discloses the invention is a dual or multi-motor electric driveline for an electric vehicle).
Regarding claim 8, Serrao in view of Yamamoto and in further view of Bebeti teaches the electric driveline system of claim 1, wherein the planetary gearset (Yamamoto 4) is a simple planetary gearset (Yamamoto 4).
Regarding claim 10, Serrao discloses (in annotated fig. 2) a method for operation of an electric driveline system, comprising: directly transferring rotational energy from two gears (EM1G, EM2G) which are rotationally coupled to a first electric machine (EM1) and a second electric machine (EM2), respectively, to a first gear (FG) that is rotationally coupled to a shaft (transmission shaft 6a) and there being an output shaft (6b) with a first output interface (FOI).
Serrao does not disclose a first gear that is rotationally coupled to a second gear in a planetary gearset via a shaft; and shifting into a first gear mode via disengagement of a first clutch; shifting into a second gear mode via engagement of the first clutch such that the mechanical power is directly transferred from the first gear to an output shaft; wherein in the second gear mode mechanical power is not transferred through the planetary gearset to the output shaft;
wherein the output shaft is rotationally coupled to the planetary gear set.
Yamamoto teaches (in annotated fig. 3) a first gear (Yamamoto does not disclose the first gear but it would be to the right of the transmission shaft 2) that is rotationally coupled to a second gear (11) in a planetary gearset (4) via a shaft (transmission shaft 2); and shifting into a first gear mode (fig. 4B) via disengagement of a first clutch (40); shifting into a second gear mode (fig. 4A) via engagement of the first clutch (40) such that the mechanical power is directly transferred from the first gear (first gear is to the right of the transmission shaft 2) to an output shaft (3); wherein in the second gear mode (fig. 4A) mechanical power is not transferred through the planetary gearset to the output shaft (3 and para. [0170-0172] teaches that from the input member 2 to carrier 13 to output member 3, there would be a reduction ratio is 1. The planetary gear is now locked-up and is rotating as one unit, so mechanical power is not transferred through the planetary gearset to the output shaft); wherein the output shaft (3) is rotationally coupled to the planetary gear set (4). (While Yamamoto does not disclose the first gear, the combination would allow the second gear 11 of Yamamoto to be rotationally coupled to the first gear FG of Serrao).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the transmission of Serrao with the transmission, as taught by Yamamoto, as it is substituting one known generic transmission with another known specific transmission for the purpose of shifting between two gear ratio using a simple transmission.
Serrao in view of Yamamoto does not teach the output shaft includes a first output interface and a second output interface that are arranged on opposing ends of the output shaft; and wherein the first output interface and the second output interface are rotationally coupled to distinct drive axles.
Bebeti teaches (in annotated fig. 1) the output shaft (9) includes a first output interface (IF1) and a second output interface (IF2) that are arranged on opposing ends of the output shaft (9); and wherein the first output interface (IF1) and the second output interface (IF2) are rotationally coupled to distinct drive axles (10, 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the single output interface of Serrao in view of Yamamoto with the first and second output interface, as taught by Bebeti, in order to be able to have a connection that can go to the rear axle to provide more vehicle control.
Regarding claim 11, Serrao in view of Yamamoto and in further view of Bebeti teaches the method of claim 10, wherein shifting into the first gear configuration includes disengaging a second clutch (Yamamoto 41 and Yamamoto para. [0155] discloses the first mode, which is the first gear configuration, and 41 is in free mode, which means it is disengaged).
Regarding claim 12, Serrao in view of Yamamoto and in further view of Bebeti teaches the method of claim 11, wherein the second clutch (Yamamoto 41) is configured to brake a ring gear (Yamamoto 12) in the planetary gearset (Yamamoto 4) when engaged (Yamamoto para. [0158] discloses a second mode, where the second clutch 41 is engaged. When the second clutch is engaged, it which would break the ring gear in fig. 3).
Regarding claim 13, Serrao in view of Yamamoto and in further view of Bebeti teaches the method of claim 11, wherein the first clutch (Yamamoto 40) and the second clutch (Yamamoto 41) are friction clutches (Yamamoto para. [0104] discloses 40 is a friction engaging device and 41 is a brake, which is a friction clutch).
Regarding claim 14, Serrao in view of Yamamoto and in further view of Bebeti teaches the method of claim 11, further comprising shifting into a second gear configuration via disengagement of the first clutch and engagement of the second clutch (Yamamoto para. [0158] discloses a second mode, which is the second gear configuration, where the first clutch is disengaged and the second clutch 41 is engaged).
Regarding claim 15, Serrao teaches (in annotated fig. 2) an electric driveline system, comprising: a first gear (FG) meshing with two gears (EM1G, EM2G) that are rotationally coupled to a first electric machine (EM1) and a second electric machine (EM2) and a shaft (transmission shaft 6a) and an output shaft (6b) with a first output interface (FOI), and a controller (ECU para. [0039-0040] discloses the ECU controlling the first and second clutching devices).
Serrao does not disclose a planetary gearset including a second gear that is rotationally coupled to the first gear via a shaft; a first friction clutch configured to rotationally couple the first gear to the output shaft in an engaged state; a second friction clutch configured to brake a ring gear in the planetary gearset in an engaged state; and a controller configured to: in a first gear mode, disengage the first clutch and engage the second clutch; and in a second gear mode, disengaged the second clutch and engage the first clutch such that mechanical power is directly transferred between the first gear and the output shaft, wherein in the second gear mode mechanical power is not transferred through the planetary gearset to the output shaft.
Yamamoto teaches (in annotated fig. 3) a planetary gearset (4) including a second gear (11) that is rotationally coupled to the first gear (Yamamoto does not disclose the first gear but it would be to the right of the transmission shaft 2) via a shaft (2); a first friction clutch (40) configured to rotationally couple the first gear to the output shaft in an engaged state; a second friction clutch (41) configured to brake a ring gear (12) in the planetary gearset (4) in an engaged state; and a controller (39) configured to: in a first gear mode (fig. 4B), disengage the first clutch (40) and engage the second clutch (41); and in a second gear mode (fig. 4A), disengaged the second clutch (41) and engage the first clutch (40) such that mechanical power is directly transferred between the first gear (first gear would be to the right of the transmission shaft 2) and the output shaft (3), wherein in the second gear mode (fig. 4A) mechanical power is not transferred through the planetary gearset (4) to the output shaft (3 and para. [0170-0172] teaches that from the input member 2 to carrier 13 to output member 3, there would be a reduction ratio is 1. The planetary gear is now locked-up and is rotating as one unit, so mechanical power is not transferred through the planetary gearset to the output shaft).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the transmission and controller of Serrao with the transmission and controller, as taught by Yamamoto, as it is substituting one known generic transmission and controller with another known specific transmission and controller for the purpose of shifting between two gear ratio using a simple transmission.
Serrao in view of Yamamoto does not teach an output shaft including a first output interface and a second output interface that are arranged on opposing ends of the output shaft; wherein the first output interface and the second output interface are rotationally coupled to a first drive axle and a second drive axle, respectively; wherein the first output interface and the second output interface are rotationally coupled to distinct axles.
Bebeti teaches ((in annotated fig. 1) an output shaft (9) including a first output interface (IF1) and a second output interface (IF2) that are arranged on opposing ends of the output shaft (9); wherein the first output interface (IF1) and the second output interface (IF2) are rotationally coupled to a first drive axle (11) and a second drive axle (12), respectively; wherein the first output interface (IF1) and the second output interface (IF2) are rotationally coupled to distinct axles (11, 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the single output interface of Serrao in view of Yamamoto with the first and second output interface, as taught by Bebeti, in order to be able to have a connection that can go to the rear axle to provide more vehicle control.
Regarding claim 17, Serrao in view of Yamamoto and in further view of Bebeti teaches the electric driveline system of claim 15, further comprising a mechanical power take-off (Serrao 11) coupled to the output shaft (Serrao 7b) of the first electric machine or the second electric machine (Serrao EM2).
Regarding claim 18, Serrao in view of Yamamoto and in further view of Bebeti teaches the electric driveline system of claim 17, further comprising a PTO clutch (Serrao C2) coupled to the output shaft (Serrao 7b) of the first electric machine or the second electric machine (Serrao EM2).
Regarding claim 19, Serrao in view of Yamamoto and in further view of Bebeti teaches the electric driveline system of claim 15, wherein a carrier (Yamamoto 13) in the planetary gearset (Yamamoto 4) is directly coupled to the output shaft (Yamamoto 3).
Regarding claim 20, Serrao in view of Yamamoto and in further view of Bebeti teaches the electric driveline system of claim 19, wherein the planetary gearset (Yamamoto 4) is a simple planetary gearset (Yamamoto 4).
Claim(s) 5 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Serrao (US 20200391582 A1) in view of Yamamoto (US 20230040408 A1) and in further view of Bebeti (US 20210164193 A1) and in further in view of Mordukhovich (US 20150158382 A1).
Regarding claim 5, Serrao in view of Yamamoto and in further view of Bebeti teaches the electric driveline system of claim 3 but does not disclose a synchronizer selectively rotationally coupled to the ring gear and the second clutch.
Mordukhovich teaches a synchronizer (Fig. 1, 48) selectively rotationally coupled to the ring gear (40) and the second clutch (58).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the synchronizer as taught by Mordukhovich in the drive assembly of Serrao in view of Yamamoto and in further view of Bebeti in order to eliminate friction and inertia losses associate with rotating the friction plates.
Regarding claim 16, Serrao in view of Yamamoto and in further view of Bebeti teaches the electric driveline system of claim 15 but does not disclose a synchronizer configured in an engaged state rotationally couple to the ring gear and the second friction clutch.
Mordukhovich teaches a synchronizer (Fig. 1, 48) configured to in an engaged state rotationally couple to the ring gear (40) and the second friction clutch (58 and para. [0028]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the synchronizer as taught by Mordukhovich in the drive assembly of Serrao in view of Yamamoto and in further view of Bebeti in order to eliminate friction and inertia losses associate with rotating the friction plates.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Serrao (US 20200391582 A1) in view of Yamamoto (US 20230040408 A1) and in further view of Bebeti (US 20210164193 A1) and in further view of Futahashi (US 20110056755 A1).
Regarding claim 9, Serrao in view of Yamamoto and in further view of Bebeti teaches the electric driveline system of claim 1, but does not teach a third electric machine mechanically driving a lubricant pump.
Futahashi teaches drive system (Fig.1) having first electric motor (23), second electric motor (24); a third motor (25) mechanically driving a lubricant pump (27) because pressure oil can supply to steering hydraulic system to perform steering operation when idling without having to use electric power from main motors (para. [0087]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a third electric machine mechanically driving a lubricant pump as taught by Futahashi to the electric driveline system of Serrao in view of Yamamoto and in further view of Bebeti because pressure oil can supply to steering hydraulic system to perform steering operation when idling without having to use electric power from main motors (para. [0087]).
Response to Arguments
With regards to the objection, applicant amendments have overcome the previously raised issue.
With regards to the 35 U.S.C. 112(b) rejection, applicant amendments have overcome the previously raised issue.
Applicant's arguments filed 05/27/2026 have been fully considered but they are not persuasive. Applicant’s amendments have raised 35 U.S.C. 112(a) and 35 U.S.C. 112(b) issues, as discussed above. The instant application’s planetary gearset would behave similarly as Yamamoto’s planetary gearset as they both lock up and rotate the unit in a 1:1 ratio so it is unclear how the new limitation “the second gear mode mechanical power is not transferred through the planetary gearset to the output shaft” would overcome the current prior art combination.
Conclusion
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/AIMEE TRAN NGUYEN/Examiner, Art Unit 3617
/JOHN OLSZEWSKI/Supervisory Patent Examiner, Art Unit 3617
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