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
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) 26-30, 32-35, and 43-48 is/are rejected under 35 U.S.C. 103 as being unpatentable over
TANIGUCHI (US 5,845,732) in view of SEVERINSSON et al. (US 10,030,755 B2).
Regarding claim 26, TANIGUCHI discloses a transmission, comprising an input shaft (23), two
output shafts including a first output shaft (11), a second output shaft (12), and two planetary gear sets
including a first planetary gear set (G1) and a second planetary gear set (G2) connected to the first
planetary gear set, wherein the two planetary gear sets each comprise multiple elements, wherein the
input shaft, the two output shafts, and the two planetary gear sets and elements thereof are arranged
and are configured such that a torque introduced via the input shaft (23) is converted and divided
between the two output shafts in a defined ratio, and generation of a sum torque is prevented, wherein
an element of the multiple elements of the first planetary gear set is connected rotationally conjointly to
another element of the multiple elements of the second planetary gear set (shown in Figs. 1-7), wherein
a further element of the multiple elements of the second planetary gear set is fixed to a non-rotatable
structural element (shown in Figs. 1-7), wherein the input shaft is connected to a drive machine (2) for
the introduction of a torque into the transmission and wherein the drive machine is arranged so as to be
axially parallel with respect to the input shaft, (see Fig. 7(q)) wherein the input shaft is connected rotationally conjointly to a first element (S1) of the multiple elements of the first planetary gear set, wherein the first output shaft is connected rotationally conjointly to a second element (C1) of the multiple elements of the first planetary gear set, wherein the element of the multiple elements of the first planetary gear set is a third element (R1) of the multiple elements of the first planetary gear set and the other element of the multiple elements of the second planetary pear set is a first element (S2) of the multiple elements of the second planetary pear set, wherein a second element (C2) of the multiple elements of the second planetary pear set is fixed to a non-rotatable structural element of the transmission, wherein the second output shaft is connected rotationally conjointly to a third element (R2) of the multiple elements of the second planetary pear set, wherein the first element of the first planetary pear set is a sun gear, wherein the second element of the first planetary pear set is a planet carrier, wherein the third element of the first planetary pear set is a ring gear, wherein the first element of the second planetary pear set is a sun gear, wherein the second element of the second planetary pear set is a planet carrier, and wherein the third element of the second planetary pear set is a ring pear.
TANIGUCHI does not disclose the drive machine is arranged so as to be not coaxial with respect
to the input shaft, nor does TANIGUCHI disclose a pitch of a toothing of the element of the multiple
elements of the first planetary gear set and a pitch of a toothing of the other element of the multiple
elements of the second planetary gear set are identical. It should be noted that the “pitch”, as
described in Applicant’s specification, is a description of a helical angle of the gears, not the traditional
“pitch” of a gear that is a measure of the distance between gear teeth.
SEVERINSSON teaches a transmission, see Figs. 9a-c, wherein the drive machine is arranged so
as to be axially parallel but not coaxial with respect to the input shaft (sun gear). SEVERINSSON shows
in figures 1-8 an arrangement where the drive machine (110) of the transmission is located coaxial with
the axle of the vehicle. The arrangement shown in Figs. 9a-c is an alternative arrangement. The two
teachings demonstrate that an electric motor can be located either coaxially with an axle of a vehicle, or
parallel but not coaxial with the axle.
SEVERINSSON also teaches “axial forces from helical gears are cancelled out” in col. 15, lines 57-
58. As Applicant’s limitation of “a pitch of a toothing of the element of the multiple elements of the first
planetary gear set and a pitch of a toothing of the other element of the multiple elements of the second
planetary gear set are identical” is referencing the helical structure of the gears. SEVERINSSON’s recitation “axial forces from helical gears are cancelled out” establishes that the pitch of the gears in the system are identical.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of
the invention to modify the transmission of TANIGUCHI such that the drive machine is arranged so as to
be axially parallel be not coaxial with respect to the input shaft, as taught by SEVERINSSON to allow for
the inclusion of an additional reduction arranged between the electric motor and the sun gear of the
first planetary gear (SEVERINSSON, col. 7, lines 11-15). This would allow for the use of a smaller higher
speed electric motor, which can help with packaging, overall efficiency, as well as removal and
installation of the electric motor during maintenance or replacement operations.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of
the invention to have the pitch of the toothing on a third element of the multiple elements of the first
planetary gear set and the pitch of the toothing on a first element of the multiple elements of the
second planetary gear set be identical, to cancel out any axial forces (SEVERINSSON, col. 15, lines 57-
58).
Regarding claim 27, the combination of TANIGUCHI-SEVERINSSON discloses the two planetary
gear sets (G1, G2) are arranged axially adjacent to one another (Fig. 2) or the first planetary gear set is
arranged radially within the second planetary gear set.
Regarding claim 28, TANIGUCHI discloses toothings of the two interconnected elements (R1 and
S2) of the first and second planetary gear sets (see Fig. 2).
TANIGUCHI does not disclose the toothings being formed on the same structural part.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of
the invention to modify the toothings of the two interconnected elements of the first and second
planetary gear sets of TANIGUCHI such that they would be formed on the same structural part since it
has been found that forming in one piece an article which has formerly been formed in multiple pieces
and put together involves only routine skill in the art. Where it is possible to manufacture a single part
that was previously multiple, the benefits can be a savings in cost, simplification of the assembly
process, and elimination modes of failure.
Regarding claim 29, the combination of TANIGUCHI-SEVERINSSON discloses the element of the
multiple elements of the first planetary gear set is a third element (ring) of the multiple elements of the
first planetary gear set and the other element of the multiple elements of the second planetary gear set
is a first element (sun) of the multiple elements of the second planetary gear set, and wherein the
toothing of the third element of the multiple elements of the first planetary gear set and the toothing of
the first element of the multiple elements of the second planetary gear set are helical (SEVERINSSON,
col. 15, lines 57-58).
Regarding claim 30, the combination of TANIGUCHI-SEVERINSSON discloses (Fig. 8, 9) a
transmission gearing (RG) or a multi-ratio transmission.
Regarding claim 32, the combination of TANIGUCHI-SEVERINSSON discloses the static
transmission ratio of the second planetary set is calculated at least approximately from the reciprocal of
the static transmission ratio of the first planetary set minus 1.
Regarding claim 33, the combination of TANIGUCHI-SEVERINSSON discloses the drive machine
is installed transversely with respect to a direction of travel (Fig. 1).
Regarding claim 34, the combination of TANIGUCHI-SEVERINSSON discloses the two output
shafts are connected rotationally conjointly to wheels of a vehicle (Fig. 1).
Regarding claim 35, the combination of TANIGUCHI-SEVERINSSON discloses the two output
shafts distribute the introduced torque to different axles of a vehicle (Fig. 1).
Regarding claim 43, the combination of TANIGUCHI-SEVERINSSON discloses the first planetary
gear set is either a minus or a plus planetary gear set and wherein the second planetary gear set is
likewise, either a minus or a plus planetary gear set.
Regarding claim 44, the combination of TANIGUCHI-SEVERINSSON discloses a number of
planets of the second planetary gear set is greater than a number of planets of the first planetary gear
set (any configuration where the 2nd gear set is a plus gear set, such as Fig. 1).
Regarding claim 45, TANIGUCHI is silent as to the number of planets there are in the first
planetary gear set.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of
the invention to have the number of planets of the first planetary gear set is less than or equal to four
since it has been held that where the general conditions of a claim are disclosed in the prior art,
discovering the optimum or workable ranges involves only routine skill.
Regarding claim 46, TANIGUCHI is silent as to the number of planets of the first planetary gear
set being three or four and the number of planets of the second planetary gear set being between five
and eight.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of
the invention to have the number of planets of the first planetary gear set being three or four and the
number of planets of the second planetary gear set being between five and eight since it has been held
that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or
workable ranges involves only routine skill.
Regarding claim 47, the combination of TANIGUCHI-SEVERINSSON discloses in Figs. 8, 9 one or
more speed ratio stages and/or a traction mechanism drive is interposed between the drive machine
and the planetary gear sets.
Regarding claim 48, the combination of TANIGUCHI-SEVERINSSON discloses one or both of: the
torque introduced via the input shaft is converted and divided equally between the two output shafts in
a defined ratio; or the drive machine at least partially axially overlaps the first planetary gear set and the
second planetary gear set (see the column labeled “Torque share (50:50) equalizing condition” in the chart of Fig. 7(q)).
Response to Arguments
Applicant's arguments filed 5/26/2026 have been fully considered but they are not persuasive.
On page 10 of Applicant’s Arguments submitted on 5/26/2026, Applicant points to col. 15, lines 55-58 of Severinsson which states “In an embodiment, the torque vectoring device comprises bearings being arranged in such a way that losses are reduced in normal operation. Moreover, axial forces from helical gears are cancelled out.” Applicant argues that “such portion of Severinsson does not state anything about pitch. Instead, based on the context Severinsson provides, with the bearings being described in the same embodiment paragraph as the axial forces of the helical gears and the word "Moreover," it is believed that Severinsson is at best teaching that the bearings of the torque vectoring device of Severinsson moreover or additionally reduce or cancel out the axial forces from helical gears.”
The Examiner disagrees with Applicant’s interpretation. Bearings are not used in machines to “reduce or cancel out the axial forces”. Bearings are used to carry a load. They allow for rotation in spite of a load. It is well known in the art, and taught by SEVERINSSON to use helical gearing to cancel axial forces within a drive train.
Applicant argues “SEVERINSSON does not discuss where the helical gears are located.” SEVERINSSON is not relied upon to teach the location of the gears, just that the gears can be helical, and the pitch be equal, which the reference does.
Applicant argues, on page 12, “the identical helical pitches are not used for connecting rotationally conjointly the ring gear of the first planetary gear set and the sun gear of the second planetary gear set.” This reasoning was not used or relied upon by the Examiner in the rejection.
Applicant argues, on page 12, “that the Office Action did not provide any explanation of the rejection of claim 48 aside from noting that the combination of references taught claim 48. It is respectfully requested that the Examiner provide evidence of the teaching of claim 48 in any future rejection.” Evidence is found in the column labeled “Torque share (50:50) equalizing condition” in the chart of Fig. 7(q).
Conclusion
THIS ACTION IS MADE FINAL. 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 DEREK D. KNIGHT whose telephone number is (571)272-7951. The examiner can normally be reached Telework: From 5:30am-1:30pm EST.
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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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/DEREK D KNIGHT/Primary Examiner, Art Unit 3655
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