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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is: module in claims 10, 11, 15, and 18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “assigned to” in claims 1-4, 9, 14, 17, and 20 is used by the claim to mean “connected to,” while the accepted meaning is “allocation or designation”. The term is indefinite because the specification does not clearly redefine the term.
Claims 5-8, 10-13, 15, 16, 18, and 19 ultimately depend from claims 1-4, 9, 14, and/or 17 and are rejected for similar reasons.
Claim Rejections - 35 USC § 102
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klein et al DE 102019114803 (English translation provided).
Regarding claim 1, Klein et al discloses an electric drive axle 1 for a vehicle (see FIG. 1), having an electric motor 2, a gearbox 20, a differential 17 with two output shafts (18, 19) and a separating clutch 3, the input side of which is coupled to one of the output shafts of the differential and the output side of which is assigned to one of two drive shafts of the drive axle, characterized in that a mechanical oil pump is provided (see paragraph [0015]), which is coupled to one of the two drive shafts by means of a shifting clutch. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 2, Klein et al discloses a drive axle wherein the oil pump is assigned to the drive shaft directly coupled to the differential. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 3, Klein et al discloses wherein the oil pump is assigned to the drive shaft coupled to the differential by way of the separating clutch. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 4, Klein et al discloses wherein the oil pump is assigned to the separating clutch. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 5, Klein et al discloses wherein the shifting clutch is integrated in the separating clutch. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 6, Klein et al discloses wherein the shifting clutch is coupled to the separating clutch in such a way that the oil pump is coupled to the drive shaft when the separating clutch is in the open position, and vice versa. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 7, Klein et al discloses wherein a synchronization mechanism is provided, which - when opening the separating clutch equalizes the rotating speed of an input side and an output side of the shifting clutch. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 8, Klein et al discloses wherein the oil pump has an inlet which inducts from an oil sump of the gearbox. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 9, Klein et al discloses wherein the oil pump has an outlet which is connected to an oil outlet in the gearbox that is assigned to the differential. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 10, Klein et al discloses wherein the module has a gearbox and an oil pump which is coupled to the gearbox in such a manner that it has a delivery capacity only when the gearbox does not transmit drive power. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 11, Klein et al discloses wherein said module comprises a separating clutch and two drive shafts, wherein a shifting clutch is provided by way of which the oil pump can be coupled to one of the drive shafts. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 12, Klein et al discloses wherein the shifting clutch is coupled to the separating clutch in such a way that the oil pump is coupled to the drive shaft when the separating clutch is in the open position, and vice versa. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 13, Klein et al discloses wherein the oil pump has an inlet which inducts from an oil sump of the gearbox. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 14, Klein et al discloses wherein the oil pump has an outlet which is connected to an oil outlet in the gearbox that is assigned to the differential. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 15, Klein et al discloses wherein the module has a gearbox and an oil pump which is coupled to the gearbox in such a manner that it has a delivery capacity only when the gearbox does not transmit drive power. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 16, Klein et al discloses wherein the oil pump has an inlet which inducts from an oil sump of the gearbox. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 17, Klein et al discloses wherein the oil pump has an outlet which is connected to an oil outlet in the gearbox that is assigned to the differential. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 18, Klein et al discloses wherein the module has a gearbox and an oil pump which is coupled to the gearbox in such a manner that it has a delivery capacity only when the gearbox does not transmit drive power. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 19, Klein et al discloses wherein the oil pump has an inlet which inducts from an oil sump of the gearbox. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Regarding claim 20, Klein et al discloses wherein the oil pump has an outlet which is connected to an oil outlet in the gearbox that is assigned to the differential. See FIG. 1 and 2 and paragraphs [0006]-[0016], [0019], and [0020].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH J DALLO whose telephone number is (313)446-4844. The examiner can normally be reached 7am-7pm ET M-Th.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat(Pat) Wongwian can be reached at 571-270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH J DALLO/ Primary Examiner, Art Unit 3747
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