DETAILED ACTION
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) 1-5, 7 and 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over MULLER (EP 3854616 A1) in view of ROMIG (EP 2436950 A2) which corresponds to US 8,373,375.
Regarding claim 1 (and similarly to claim 11), MULLER discloses an electric drive unit for an electric vehicle (which should similarly be applied to claim 11), comprising:
a transmission system comprising:
a plurality of motor-transmission subassemblies (14B: 14A1, 14A2; Fig. 4), wherein each subassembly comprises:
an electric motor (12) rotationally coupled to an input shaft (26), wherein the input shaft comprises a first gear (40) and a second gear (42); and
an intermediate shaft (28) comprising a dog clutch selector (36, 49), a first clutch gear (44), and a second clutch gear (46), wherein the first clutch gear is meshed with the first gear of the input shaft and the second clutch gear is meshed with the second gear of the input shaft and wherein the dog clutch selector is configured to selectively couple the first or second clutch gear to the intermediate shaft; (Figs. 2-4; “The switching unit 36 can connect the output gears 44, 46 to the intermediate shaft 28 in a rotationally fixed and thus driving manner. In a first shift position (first gear) the shift unit 36 drives the output gear 44 with the intermediate shaft 28. In a second shift position (second gear) the shift unit 36 drives the output gear 46 with the intermediate shaft 28. In a third shift position (neutral position), as shown in Figure 2, the switching unit 36 does not drivingly connect any of the output gears 44, 46 to the intermediate shaft 28”)
an output system comprising an output shaft (30) coupled to one or more output interfaces (e.g., 52) and rotationally coupled to the plurality of motor-transmission subassemblies; (Fig. 4) and
a controller configured to, in response to a request to powershift, increase torque of at least one electric motor while at least one other motor-transmission subassembly is undergoing a shift, where a torque of the at least one other motor-transmission subassembly is reduced to substantially zero (Fig. 8; see Figure 8 discussion referencing Fig. 4 shift),
operate the transmission system in an overlapping gear ratio wherein a first motor-transmission subassembly is in a first gear ratio and at least one other motor-transmission subassembly is in a second gear ratio; (see page 16 of the provided translation of MULLER, where it states:
“As soon as the drive torque of the drive unit 12 connected to the first sub-transmission 14A1 is approximately zero (at approx. 150 ms), the switching unit 36 of the first sub-transmission 14A1 begins to shift (between 150 ms and 330 ms), from output gear 44 to output gear 46 The circuit can be made load-free. During the shift, the resulting drive torque remains constant (curve 64), since it can be provided solely by the drive unit 12 of the second partial transmission 14A2.
After shifting the shifting unit 36 of the first partial transmission 14A1, the drive torque of the drive unit 12 connected to the first partial transmission 14A1 is increased (curve 60). The drive torque of the drive unit 12 connected to the second partial transmission 14A2 is simultaneously reduced to approximately zero (curve 62). The switching unit 36 of the second sub-transmission 14A2 can now shift (at approx. 420 ms), also from output gear 44 to output gear 46 first partial transmission 14A1 can be provided.
After shifting the shifting unit 36 of the second partial transmission 14A2, the drive torques of the two drive units 12 can be adjusted to one another again.”)
Regarding the newly added limitation of claim 11, which states “the transmission system is configured to selectively halt the powershifting when in the overlapping gear ratio”, this is disclosed in MULLER on page 16 where it states:
“The two switching units 36 are thus actuated one after the other with a time delay. Between the switching operations of the two switching units 36, the drive torques of the drive units 12 are adapted as explained."
Wherein the controller is configured to: powershift a first motor transmission subassembly from a first gear ratio to a second gear ratio while maintaining a second motor-transmission subassembly in the first gear ratio; powershift the second motor-transmission subassembly from the first gear ratio to the second gear ratio while maintaining the first motor-transmission subassembly in the second gear ratio. It is noted that this corresponds to an order of operation where both motor assemblies are to be switched from a first gear ratio to a second gear ratio with the first motor subassembly undergoing the first shift and the second motor subassembly the second.
Muller does not disclose where the torque of the at least one other motor-transmission subassembly is reduced to zero however as noted above, Muller states substantially/approximately zero. Additionally, Muller does not disclose a third motor-transmission subassembly for the controller to maintain the third motor-transmission subassembly in a first gear ratio while the first and second motor-transmission subassemblies are respectively powershifted from a first gear ratio to a second gear ratio or where the third motor-transmission subassembly is shifted from a first gear ratio to a second gear ratio while the first and second motor subassemblies are maintained in the second gear ratio. This claimed operation corresponds to an order of operation where three motor assemblies are to be switched from a first gear ratio to a second gear ratio with the first motor-transmission subassembly undergoing the first shift, the second motor-transmission subassembly the second shift, and the third motor-transmission subassembly the third shift.
While Muller does not explicitly recite nor depict a third motor-transmission subassembly, Muller discloses that more than two motor-transmission subassemblies can be used. (PE2E translation: “In addition, it is possible that the basic module can be combined with one another not only twice, but more frequently with one another in a corresponding summing gear, e.g. B triple or quadruple. For example, a summing gear can be constructed from three or more basic modules, each of which is driven by its own drive unit (a total of three or more drive units) and connected to one another on the output side.”)
Romig teaches a similar electric drive with a plurality of motor-transmission subassemblies (Fig. 3) each including an electric motor (302, 304, 306) that is selectively coupled via shift collar (314) to an output shaft (320) where a controller is configured to, in response to a request to powershift, increase torque of at least one electric motor while at least one other motor-transmission subassembly is undergoing a shift, where a torque of the at least one other motor-transmission subassembly is reduced to zero, where the controller is configured to: powershift a first motor transmission subassembly from a first gear ratio (current gear ratio) to a second gear ratio (new post shift gear ratio) while maintaining a second and a third motor-transmission subassembly in the first gear ratio (their current gear ratios); powershift the second motor-transmission subassembly from the first gear ratio to the second gear ratio while maintaining the first motor-transmission subassembly in the second gear ratio (new gear ratio which is now the current gear ratio) and the third motor transmission subassembly in the first gear ratio (unchanged current gear ratio); and powershift the third motor-transmission subassembly from the first gear ratio to the second gear ratio while maintaining the first and second motor-transmission subassemblies in the second gear ratio (new gear ratio which is current gear ratio for both). (Fig. 3: C7/L4-40)
In view of Romig’s teaching and Muller’s suggestion, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claiming invention to modify Muller’s electric drive unit with a third motor-transmission subassembly and configure the controller to reduce the torque of the at least one other motor-transmission subassembly to zero instead of substantially zero, and configure the controller to powershift a first motor transmission subassembly from a first gear ratio to a second gear ratio while maintaining a second and a third motor-transmission subassembly in the first gear ratio; powershift the second motor-transmission subassembly from the first gear ratio to the second gear ratio while maintaining the first motor-transmission subassembly in the second gear ratio and the third motor transmission subassembly in the first gear ratio; and powershift the third motor-transmission subassembly from the first gear ratio to the second gear ratio while maintaining the first and second motor-transmission subassemblies in the second gear ratio, as taught by Romig, for the purpose of eliminating back torque to a running motor providing a smoother gear change and reducing the current requirements for each motor by distributing the torque load during power shifts between two motors instead of one.
Regarding claim 2, the combination of MULLER-ROMIG discloses the plurality of motor- transmission subassemblies comprises a first motor-transmission subassembly, a second motor-transmission subassembly, and a third motor-transmission subassembly. (MULLER discloses “, a summing gear can be constructed from three or more basic modules, each of which is driven by its own drive unit (a total of three or more drive units) and connected to one another on the output side”.)
Regarding claim 3, the combination of MULLER-ROMIG discloses the first motor-transmission subassembly comprises a first intermediate shaft, the second motor-transmission subassembly comprises a second intermediate shaft, and the third motor-transmission subassembly comprises a third intermediate shaft.
Regarding claim 4, the combination of MULLER-ROMIG discloses each of the first, second, and third intermediate shafts are rotationally coupled to the output shaft of the output system.
Regarding claim 5, the combination of MULLER-ROMIG discloses each of the first, second, and third intermediate shafts include a gear that meshes with an output shaft gear rotationally coupled to the output shaft.
Regarding claim 7, the combination of MULLER-ROMIG discloses the controller is configured to maintain a total output torque while powershifting one or more of the plurality of motor- transmission subassemblies.
Regarding claim 10, the combination of MULLER-ROMIG discloses the controller is configured to powershift [[a]]the first motor-transmission subassembly from [[a]]the first gear ratio to [[a]]the second gear ratio, wherein powershifting the first motor-transmission subassembly from the first gear ratio to the second gear ratio comprises: decreasing torque of the first motor-transmission subassembly to zero; increasing torques of [[a]]the second and [[a]]the third motor-transmission subassembly to 150% of respective pre-shift torques; shift the first motor-transmission subassembly to the second gear ratio; and increase torque of the first motor-transmission subassembly to a respective pre-shift torque and decrease the torques of the second and the third motor-transmission subassembly to respective pre-shift torques.
Regarding claim 12, the combination of MULLER-ROMIG discloses each dog clutch selector comprises: a first position wherein the first clutch gear is engaged with the intermediate shaft and the second clutch gear is disengaged from the intermediate shaft; a second position wherein the second clutch gear is engaged with the intermediate shaft and the first clutch gear is disengaged from the intermediate shaft; and a neutral position wherein both the first and second clutch gears are disengaged from the intermediate shaft.
Regarding claim 13, the combination of MULLER-ROMIG discloses transitioning between the first gear and the second gear comprises shifting a first dog clutch selector of the first motor-transmission subassembly from first position to second position, shifting a second dog clutch selector of the second motor-transmission subassembly from first position to second position, and shifting a third dog clutch selector of the third motor-transmission subassembly from first position to second position.
Regarding claim 14, the combination of MULLER-ROMIG discloses for a given dog clutch selector, transitioning between the first gear and the second gear comprises reducing a torque of a corresponding electric motor to zero while increasing torque of one or more other electric motors, shifting the dog clutch selector into the neutral position, changing speed of the corresponding electric motor from a first gear ratio speed to a second gear ratio speed, shifting the dog clutch selector into the second position, and increasing the torque of the corresponding electric motor to a pre-shift torque while decreasing torques of the one or more other electric motors to respective pre-shift torques.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over MULLER (EP 3854616 A1) in view of ROMIG (EP 2436950 A2) as applied to claims 1-5, 7 and 10-14 above, and further in view of JURGEN et al. (AT 522931).
Regarding claim 6, the combination of MULLER-ROMIG discloses first, second, and third intermediate shafts, but does not disclose the intermediate shafts being rotationally coupled to a layshaft and the layshaft is rotationally coupled to the output shaft.
While the shaft (30) of Muller is not disclosed as a layshaft, it is well known in the art to employ layshafts to change the speed/torque according to a desired input to a downstream drive device like a differential. In this case, Muller’s transmission system is designed to drive a motor vehicle and the shaft (30) could serve as a layshaft by operating as an input to a differential via a second gear meshing. Jurgen teaches a transmission system with two motor subassemblies that are coupled to drive a layshaft (8) that serves as an input to a differential (13) where the layshaft (8) is coupled to an output shaft (14) via a second gear meshing (12 and ring gear of differential 13). (Figs 1, 4)
In view of Muller’s suggestion and Jurgen’s demonstration, it would have been obvious to one of ordinary skill in the art before the effectively filing date of the claimed invention to modify Muller with a third motor transmission subassembly and provide the output system in particular the shaft (30) of Muller as a layshaft rotationally coupled to an output shaft via a second gear meshing as taught Jurgen for the purpose of reducing the current requirements for each motor by distributing the torque load during power shifts between two motors instead of one and providing a desired torque input to a differential enabling the wheels of the motor vehicle to rotate at different speeds.
Claim(s) 15-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over MULLER (EP 3854616 A1) in view of JURGEN et al. (AT 522931).
Regarding claim 15, Muller discloses a transmission system, comprising:
two motor-transmission subassemblies; (14B: 14A1, 14A2; Fig. 4) and
an output system rotationally coupled to each motor-transmission subassembly, wherein each motor-transmission subassembly comprises:
a motor (12) rotationally coupled to an input shaft (26) that is further rotationally coupled to a first gear (40) and a second gear (42); and
an intermediate shaft (28) selectively rotationally coupled to the input shaft via selective engagement of dog clutch (36, 49) that comprises a first clutch gear (44) meshed with the first gear and a second clutch gear (46) meshed with the second gear,
wherein, via selective engagement of the dog clutch of each of the motor- transmission subassemblies, the transmission system is operable in an overlapping gear ratio, and wherein at least one of the motor-transmission subassemblies is operated in a different gear ratio from one or more other of the motor-transmission subassemblies (as disclosed on page 16 of the translation of MULLER, as discussed in the rejection of claims 1 and 11 above).
Muller does not disclose (1) a third motor-transmission subassembly or (2) wherein the output system comprises a layshaft rotationally coupled to the intermediate shaft of each motor transmission subassembly via first gear meshing to an output shaft via a second gear meshing. Regarding (1) Muller suggests more than two motor-transmission subassemblies including a third motor-transmission subassembly (PE2E translation: “In addition, it is possible that the basic module can be combined with one another not only twice, but more frequently with one another in a corresponding summing gear, e.g. B triple or quadruple. For example, a summing gear can be constructed from three or more basic modules, each of which is driven by its own drive unit (a total of three or more drive units) and connected to one another on the output side.”) Regarding (2), Muller discloses a shaft (30) rotationally coupled to the intermediate shaft of each motor-transmission subassembly via first gear meshing (50, 52) but does not disclose that shaft (30) as a layshaft or that shaft coupled to an output shaft via a second gear meshing. While the shaft (30) of Muller is not disclosed as a layshaft, it is well known in the art to employ layshafts to change the speed/torque according to a desired input to a downstream drive device like a differential. In this case, Muller’s transmission system is designed to drive a motor vehicle and the shaft (30) could serve as a layshaft by operating as an input to a differential via a second gear meshing.
Jurgen teaches a transmission system with two motor subassemblies that are coupled to drive a layshaft (8) that serves as an input to a differential (13) where the layshaft (8) is coupled to an output shaft (14) via a second gear meshing (12 and ring gear of differential 13). (Figs 1, 4)
In view of Muller’s suggestion and Jurgen’s demonstration, it would have been obvious to one of ordinary skill in the art before the effectively filing date of the claimed invention to modify Muller with a third motor transmission subassembly and provide the output system in particular the shaft (30) of Muller as a layshaft rotationally coupled to an output shaft via a second gear meshing as taught Jurgen for the purpose of reducing the current requirements for each motor by distributing the torque load during power shifts between two motors instead of one and providing a desired torque input to a differential enabling the wheels of the motor vehicle to rotate at different speeds.
Regarding claim 17, MULLER-JURGEN discloses engagement of a respective first clutch gear with a corresponding intermediate shaft for each of the three motor-transmission subassemblies corresponds to a first gear ratio of the transmission system and engagement of a respective second clutch gear with the corresponding intermediate shaft for each of the three motor-transmission subassemblies corresponds to a second gear ratio of the transmission system.
17. (Original) The transmission system of claim 15, wherein engagement of a respective first clutch gear with a corresponding intermediate shaft for each of one or more first motor-transmission subassemblies and engagement of a respective second clutch gear with another corresponding intermediate shaft for each of one or more second motor- transmission subassemblies corresponds to an overlapping gear ratio.
Regarding claim 18, MULLER-JURGEN discloses the output system comprises an output shaft rotationally coupled to the intermediate shaft of each motor- transmission subassembly via a gear meshing.
Regarding claim 20, MULLER-JURGEN discloses the output system couples to one or more output interfaces.
Response to Arguments
Applicant's arguments filed 3/3/2026 have been fully considered but they are not persuasive. Applicant argues:
“…neither Müller nor Romig teaches intentionally halting the transition from the first gear to the second gear in an overlapping gear wherein at least one of the motor-transmission subassemblies is in one gear ratio and the other(s) of the motor-transmission subassemblies is in the other gear ratio.”
The Examiner disagrees. As stated in the rejection of claims 1 and 11 above, Müller, discloses a first motor-transmission assembly being shifted from a first gear ratio to a second gear ratio while there is a delay in the shifting of a second motor-transmission assembly from the first gear ratio to the second. Therefore, there is a halting in the transition from the first gear to the second gear in an overlapping gear wherein at least one of the motor-transmission subassemblies is in one gear ratio and the other(s) of the motor-transmission subassemblies is in the other gear ratio.
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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/DEREK D KNIGHT/Primary Examiner, Art Unit 3655
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