DETAILED CORRESPONDENCE
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 .
Status of Claims
This is the final office action on the merits of Application No. 18/495,992 filed on 10/27/2023. Claims 1-20 are pending.
Examiner Note
Examiner would welcome an interview to clarify any of the various objections/rejections seen below in order to expediate prosecution of the instant application.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1 recites an output of the electric motor in line 7 and an output shaft of the electric motor in line 17. It is suggested to change to “an output shaft of the electric motor” in line 7 and “the output shaft of the electric motor” in line 17.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, and 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mock et al. (US 20250043850 A1)
Regarding claim 1, Mock discloses a four-speed gearbox assembly (600, fig. 6, para 66) for an electric drive module (EDM) having an electric motor (616) for an electric vehicle, the two-speed gearbox assembly comprising:
a housing (613);
a first planetary gear set (601) including a first sun gear 603, a first ring gear 606 and a first planetary carrier 604, wherein the first sun gear is fixed for rotation with an output 618 of the electric motor 616; (see para 65)
a second planetary gear (602) set including a second sun gear 607, a second ring gear 610 and a second planetary carrier 608, the second sun gear 607 rotationally coupled to an output of the first planetary gear set (e.g. carrier 604), wherein the second ring gear is fixed to the housing (e.g. when brake 643 is engaged, the second ring gear 610 is fixed to the housing 613 as shown in fig. 6, see para 67);
a first clutch 633 that selectively couples the first ring gear 606 to the housing 613; and
a second clutch 632 that selectively couples the first ring gear 606 to the output of the electric motor 618;
wherein the gearbox assembly is selectively switchable between (i) a first gear where the first clutch is engaged and the second clutch is disengaged (see para 66); and (ii) a second gear where the first clutch is disengaged and the second clutch is engaged (see para 66), wherein the first ring gear 606 is fixed for rotation with an output shaft of the electric motor in the second gear.
Regarding claim 2, Mock discloses the two-speed gearbox assembly of claim 1, wherein the first clutch (633) is a brake clutch (see para 66).
Regarding claim 3, Mock discloses the two-speed gearbox assembly of claim 2, the first clutch is a dog clutch. (see para 71)
Regarding claim 4, Mock discloses the two-speed gearbox assembly of claim 1, wherein the second clutch is one of a brake clutch and a dog clutch. (see para 71)
Regarding claim 5, Mock discloses the two-speed gearbox assembly of claim 4, wherein the first clutch is a selectable one-way clutch (SOWC). (see para 71)
Regarding claim 11, Mock discloses an electric vehicle (see abstract, figs. 6-10), comprising:
an electric motor (616) having an output shaft (as shown by 618, para 64);
first and second axle shafts (not shown in fig. 6 but shown in figs. 31-40, which is applicable to fig. 6); and
a two-speed gearbox assembly (600, fig. 6) operably coupled between the electric motor 616 and the first and second axle shafts, the two-speed gearbox assembly comprising:
a housing 613 ;
a first planetary gear set (601) configured to connect to the output shaft (618) of the electric motor (616), the first planetary gear set 601 including a first sun gear (e.g. 603) fixed for rotation with the output shaft of the electric motor, a first ring gear (606) and a first planetary carrier (604);
a second planetary gear set (602) rotationally coupled to an output of the first planetary gear set, the second planetary gear set including a second sun gear (607), a second ring gear (610) and a second planetary carrier (608); wherein the second ring gear 610 is fixed to the housing 613; (e.g. when brake 643 is engaged, the second ring gear 610 is fixed to the housing 613 as shown in fig. 6, see para 67)
a first clutch (633) that selectively couples the first ring gear (606) to the housing 613; and
a second clutch (632) that selectively couples the first ring gear (606) to the first sun gear;
wherein the gearbox assembly is selectively switchable between (i) a first gear where the first clutch is engaged and the second clutch is disengaged (see para 74); and (ii) a second gear where the first clutch is disengaged and the second clutch is engaged (see para 75),
wherein the first ring gear 606 is fixed for rotation with an output shaft of the electric motor in the second gear.
Regarding claim 12, Mock discloses the two-speed gearbox assembly of claim 11, wherein the first clutch (633) is a brake clutch (see para 66).
Regarding claim 13, Mock discloses the vehicle of claim 12, the first clutch is a dog clutch. (see para 71)
Regarding claim 14, Mock discloses the vehicle of claim 11, wherein the second clutch is one of a brake clutch and a dog clutch. (see para 71)
Regarding claim 15, Mock discloses the two-speed gearbox assembly of claim 11, wherein the first clutch is a selectable one-way clutch (SOWC). (see para 71)
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 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 1-2, 6, 11- 12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Smetana (US 20150151634 A1) in view of Kim et al. (US 20240149668 A1).
Regarding claim 1, Smetana discloses a two-speed gearbox assembly (1, fig. 1, para 30) for an electric drive module (EDM) having an electric motor (6) for an electric vehicle, the two-speed gearbox assembly comprising:
a housing;
a first planetary gear set (7) including a first sun gear 16, a first ring gear 19 and a first planetary carrier 18, wherein the first sun gear is fixed for rotation with an output 12 of the electric motor 6;
a second planetary gear (25b) set including a second sun gear 28b, a second ring gear 24 and a second planetary carrier 27b, the second sun gear rotationally coupled to an output of the first planetary gear set;
a first clutch 20 that selectively couples the first ring gear to the housing; and
a second clutch 22 that selectively couples the first ring gear to the first sun gear 16;
wherein the gearbox assembly is selectively switchable between (i) a first gear where the first clutch 20 is engaged and the second clutch is disengaged (see para 33); and (ii) a second gear where the first clutch is disengaged and the second clutch 22 is engaged (see para 34), wherein the first ring gear 19 is fixed for rotation with the output shaft of the electric motor (EDM) in the second gear.
However, Smetana fails to disclose wherein the second ring gear is fixed to the housing.
Kim teaches a similar kind of two-speed gearbox assembly (1, fig. 1) wherein a second ring gear (R1) is fixed to a housing (CS). (see para 69 and fig. 1)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Smetana by substituting the torque-distributing differential 8 and active differential 10 with the transmission (e.g. PG1, PG2) and differential DF as taught by Kim, such as the torque applied to left and right driving wheels is actively controlled according the vehicle traveling situation, thereby further improving the vehicle traveling performance. (see para 5 of Kim)
As modified, the two-speed gearbox assembly would have the second ring gear is fixed to the housing.
Regarding claim 2, Smetana/ Kim discloses the two-speed gearbox assembly as modified according to claim 1, Smetana further discloses wherein the first clutch (20) is a brake clutch (see para 32).
Regarding claim 6, Smetana/ Kim discloses the two-speed gearbox assembly as modified according to claim 1, Kim further discloses wherein the second planetary carrier (C1) drives a final gearset comprising an input gear (has no character numeral, the bevel gear connected to case DC) and an output gear (e.g. has no character numeral, the gear connected to drive shaft DS as shown in fig. 1).
Regarding claim 11, Smetana discloses an electric vehicle (1, fig. 1), comprising:
an electric motor (6) having an output shaft (12, para 30);
first and second axle shafts (e.g. 4a, 4b); and
a two-speed gearbox assembly operably coupled between the electric motor and the first and second axle shafts, the two-speed gearbox assembly comprising:
a housing;
a first planetary gear set (7) configured to connect to the output shaft (12) of the electric motor (6), the first planetary gear set including a first sun gear (e.g. 16, 21, para 31) fixed for rotation with the output shaft of the electric motor, a first ring gear (19) and a first planetary carrier (18);
a second planetary gear set (25b) rotationally coupled to an output of the first planetary gear set, the second planetary gear set including a second sun gear (28b), a second ring gear (24) and a second planetary carrier (27b);
a first clutch (20) that selectively couples the first ring gear (19) to the housing; and
a second clutch (22) that selectively couples the first ring gear (19) to the first sun gear;
wherein the gearbox assembly is selectively switchable between (i) a first gear where the first clutch is engaged and the second clutch is disengaged (see para 33); and (ii) a second gear where the first clutch is disengaged and the second clutch is engaged (see para 34),
wherein the first ring gear 19 is fixed for rotation with the output shaft of the electric motor (EDM) in the second gear.
However, Smetana fails to disclose wherein the second ring gear is fixed to the housing.
Kim teaches a similar kind of two-speed gearbox assembly (1, fig. 1) wherein a second ring gear (R1) is fixed to a housing (CS). (see para 69 and fig. 1)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Smetana by substituting the torque-distributing differential 8 and active differential 10 with the transmission (e.g. PG1, PG2) and differential DF as taught by Kim, such as the torque applied to left and right driving wheels is actively controlled according the vehicle traveling situation, thereby further improving the vehicle traveling performance. (see para 5 of Kim)
As modified, the two-speed gearbox assembly would have the second ring gear is fixed to the housing.
Regarding claim 12, Smetana/Kim discloses the two-speed gearbox assembly as modified according to claim 11, Smetana further discloses wherein the first clutch (20) is a brake clutch (see para 32).
Regarding claim 16, Smetana discloses the vehicle as modified according to claim 11, Kim further discloses wherein the second planetary carrier (C1) drives a final gearset comprising an input gear (has no character numeral, the bevel gear connected to case DC) and an output gear (e.g. has no character numeral, the gear connected to drive shaft DS as shown in fig. 1).
Claims 6-10, 16-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Mock et al. (US 20250043850 A1) in view of INOUE (US 20220316582 A1).
Regarding claims 6 and 16, Mock discloses all the elements of the vehicle of claims 1 and 11, respectively, but fails to disclose wherein the second planetary carrier drives a final gearset comprising an input gear and an output gear.
INOUE teaches an electric drive system(100, fig. 2) wherein a final gearset (42, 51) comprising an input gear 42 and an output gear 51.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Mock by adding a final gearset along with a differential and an axle as taught by INOUE, such as the rotation of the input member is reduced in speed in accordance with the gear ratio between the planetary gearsets, is then further reduced in speed in accordance with the gear ratio between the first gear and the output gear (i.e., subjected to a double reduction in speed), and is then inputted to the differential gear mechanism, therefore, efficiency of the vehicle can be enhanced. (see para 32 of INOUE)
Regarding claims 7 and 17, Mock discloses all the elements of the vehicle of claims 6 and 16, respectively, but fails to disclose wherein the final gearset further comprises a parking gear.
INOUE teaches a vehicle drive apparatus (100, fig. 2) wherein a gearset (41, 42, 51) comprises a parking gear (43).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Mock by adding a parking gear as taught by INOUE, such as to restrict the rotation of the parking gear, therefore, the wheels can be locked. (see para 39 of INOUE)
As modified, the vehicle would have the final gearset further comprises a parking gear.
Regarding claim 8, Mock/ INOUE discloses the vehicle as modified according to claim 1, INOUE further teaches wherein the output gear 51 of the final gearset (42, 51) is coupled to drive axles (e.g. 61, W1, and 62, W2) through a differential (5).
Regarding claims 9 and 19, Mock/ INOUE discloses the vehicle as modified according to claims 1 and 11, respectively, INOUE further teaches wherein the differential (5) is one of an electrically and mechanically locking differential.
Regarding claim 10, Mock/ INOUE discloses the vehicle as modified according to claim 1, INOUE further teaches wherein the differential (5) is a bevel gear differential. (see fig. 1 of INOUE)
Claims 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mock et al. (US 20250043850 A1) in view of INOUE (US 20220316582 A1) and further in view of Brilka et al. (US 20230101199 A1).
Regarding claim 18, Mock discloses all the elements of the vehicle of claims 1 and 11, respectively, but fails to disclose wherein the output gear of the final gearset is selectively coupled to drive axles through a differential.
Brilka teaches a drive device (e.g. 15, fig. 3) wherein an output gear (e.g. 43) of the final gearset is selectively coupled (via clutch 49) to drive axles (e.g. 25) through a planetary differential (42). (see para 51)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Mock/ INOUE by adding a clutch as taught by Brilka, such as to connect the final gear set to the axle shaft for conjoint rotation, therefore, the differential can be locked. (see para 51 of Brilka)
Regarding claim 20, Mock/ INOUE/ Brilka discloses the vehicle as modified according to claim 18, respectively, INOUE further teaches wherein the differential (5) is a bevel gear differential (see fig. 1 of INOUE) and Brilka further teaches wherein the differential (42) is a planetary differential (see fig. 3 of Brilka).
Remarks and Response
Applicant's arguments filed on 08/20/2025 have been fully considered but they are not fully persuasive per the reasons set forth below.
Applicant argues “Smetana teaches a ring gear 26a, 26b that is not fixed to the housing. Instead, the ring gear 26a, 26b is driven by an output 18 of the first planetary gear set.” This is persuasive and a new reference has been applied Kim et al. (US 20240149668 A1) that discloses the new limitation, as appears above.
Applicant further argues “Further, Mock fails to teach a second clutch that selectively couples the ring gear to the first sun gear as required by amended claim 1. Inoue and Brilka fail to cure the deficiencies of Smetana and Mock.” This is not persuasive. Mock a second clutch 632 that selectively couples the ring gear 610 to the first sun gear 603 as required by amended claim 1. The specification discloses in para 75 “a second gear is optionally defined by coupling the ring gear 606 of the first planetary gearset 601 to the input shaft 614 of the first planetary gearset, while the ring gear 610 of the second planetary gearset 602 is coupled to ground 613. In one example, this is achievable by actuating the clutch 632, deactivating brake 633, and engaging brake 643, but not clutch 642. This may provide a second gear of any suitable ratio such as less than or equal to 5:1, greater than 5:1, greater than 8:1, greater than 10:1, greater than 15:1, or more.” Therefore, examiner respectfully disagrees.
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 FARHANA PERVIN whose telephone number is (571)272-4644. The examiner can normally be reached Mon-Fri 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob S. Scott can be reached on 5712703415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.P/Examiner, Art Unit 3655
/FARHANA PERVIN/Examiner, Art Unit 3655
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