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 and 32-48 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.
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, this teaching establishes the gears of SEVERINSSON to be of the helical type.
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 36, the combination of TANIGUCHI-SEVERINSSON discloses (Fig. 4h) the input shaft is connected rotationally conjointly to a first element of the first planetary gear set, the first output shaft is connected rotationally conjointly to a second element of the first planetary gear set, a third element of the first planetary gear set is connected rotationally conjointly to a first element of the second planetary gear set, a second element of the second planetary gear set is fixed to a non-rotatable structural element of the transmission, and the second output shaft is connected rotationally conjointly to a third element of the second planetary gear set.
Regarding claim 37, the combination of TANIGUCHI-SEVERINSSON discloses (Fig. 7q) the first element of the first planetary gear set is a sun gear, the second element of the first planetary gear set is a planet carrier and the third element of the first planetary gear set is a ring gear, and wherein the first element of the second planetary gear set is a sun gear, the second element of the second planetary gear set is a planet carrier and the third element of the second planetary gear set is a ring gear.
Regarding claim 38, the combination of TANIGUCHI-SEVERINSSON discloses (Fig. 7r) the first element of the first planetary gear set is a sun gear, the second element of the first planetary gear set is a ring gear and the third element of the first planetary gear set is a planet carrier, and wherein the first element of the second planetary gear set is a ring gear, the second element of the second planetary gear set is a planet carrier and the third element of the second planetary gear set is a sun gear.
Regarding claim 39, TANIGUCHI discloses (Fig. 4h) the third element of the first planetary gear set is a sun gear, and wherein the first element of the second planetary gear set is a sun gear, the second element of the second planetary gear set is a planet carrier and the third element of the second planetary gear set is a ring gear.
TANIGUCHI does not disclose the first element of the first planetary gear set is a ring gear, the second element of the first planetary gear set is a planet carrier. These elements are switched in the prior art.
TANIGUCHI discloses in col. 5, lines 53-56 that there are 144 possible combinations for coupling the two gear sets.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to switch which elements of the first planetary gear set were the input and output of Fig. 4h of TANIGUCHI, since the reference teaches over 100 possible combinations of the elements, and it has been held that rearranging parts of an invention involves only routine skill in the art.
Regarding claim 40, the combination of TANIGUCHI-SEVERINSSON discloses (Fig. 4f) the first element of the first planetary gear set is a sun gear, the second element of the first planetary gear set is a ring gear and the third element of the first planetary gear set is a planet carrier, and wherein the first element of the second planetary gear set is a sun gear, the second element of the second planetary gear set is a planet carrier and the third element of the second planetary gear set is a ring gear.
Regarding claim 41, the combination of TANIGUCHI-SEVERINSSON discloses (Fig. 3a) the first element of the first planetary gear set is a sun gear, the second element of the first planetary gear set is a planet carrier and the third element of the first planetary gear set is a ring gear, and wherein the first element of the second planetary gear set is a sun gear, the second element of the second planetary gear set is a ring gear and the third element of the second planetary gear set is a planet carrier.
Regarding claim 42, the combination of TANIGUCHI-SEVERINSSON discloses (Fig. 3c) the first element of the first planetary gear set is a sun gear, the second element of the first planetary gear set is a ring gear and the third element of the first planetary gear set is a planet carrier, and wherein the first element of the second planetary gear set is a sun gear, the second element of the second planetary gear set is a ring gear and the third element of the second planetary gear set is a planet carrier.
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.
Response to Arguments
Applicant's arguments filed 10/20/2025 have been fully considered but they are not persuasive. Applicant argues on page 8 of their response that “Taniquchi does not teach an input shaft ‘wherein the drive machine is arranged so as to be axially parallel but not coaxial with respect to the input shaft.’" In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). To overcome such deficiency, the Office Action cites Severinsson.
Applicant argues on page 9 of their response that “while both Taniquichi and Severinsson are used in transmission devices, it is emphasized that one of ordinary skill in the art would not modify Taniquichi in view of Severinsson. Particularly, one of ordinary skill in the art would not modify Taniquichi in view of a torque vectoring device, as in Severinsson, because they have fundamentally different functions”. Examiner disagrees.
The Severinsson reference is relied upon to teach that an electric motor can be mounted parallel and not coaxial with the axle of the vehicle. Severinsson teaches, see Figs. 1-8, that an electric motor can be mounted coaxial with the axle of a vehicle, as disclosed by Taniquichi. Severinsson also teaches that an electric motor can alternatively be mounted parallel and not coaxial with the axle of the vehicle, see Fig. 9a, to allow for an additional gear reduction and the use of a smaller, potentially less expensive, electric motor, as well as easier maintenance, installation, and removal of the electric motor.
Conclusion
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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/DEREK D KNIGHT/Primary Examiner, Art Unit 3655