DETAILED ACTION
Claims Subject to Examination
Claims 1-10 of this application are subject to examination.
Claim Construction in Examination
During examination, the pending claims are normally interpreted according to the broadest reasonable interpretation standard (hereinafter, the “BRI standard”). That is, claims are given their broadest reasonable interpretation consistent with the specification, and limitations in the specification are not read into the claims. See MPEP 2111 et seq.
An exception to the BRI standard occurs when the applicant acts as their own lexicographer. For this exception to apply, the applicant must clearly set forth a special definition of a claim term in the specification that differs from the plain and ordinary meaning it would otherwise possess. See MPEP 2111.01, subsection IV.
Another exception or special case occurs when a claim recites a means-plus-function limitation that must be interpreted in accordance with 35 USC 112 ¶ 6, or 35 USC 112(f). See MPEP 2181. According to the guidance provided by Williamson v. Citrix Online, LLC, 792 F.3d 1339 (Fed. Cir. 2015) (en banc), 35 USC 112 ¶ 6 applies when the claim term fails to recite (i) sufficiently definite structure, and/or (ii) sufficient structure for performing the claimed function.
Examiner’s Claim Construction
The current claim limitations are construed under the BRI standard. No explicit claim construction is deemed to be necessary.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
GROUND 1: Claims 1-10 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
The written description requirement serves both to satisfy applicant’s obligation to disclose the technologic knowledge upon which the patent is based, and to demonstrate that the inventor(s) was in possession of the invention that is claimed. It is not enough that a skilled artisan could theoretically construct his/her own version of the claimed invention. Rather, applicant bears the burden of setting forth sufficient information to show that the inventor had possession of the claimed invention. Thus, the written description requirement requires applicant to go beyond a discussion of mere concepts and suggestions. It is not sufficient to merely outline desired results that the claimed invention is expected to achieve. Rather, the specification must explain how the invention is structured and how it functions in order to achieve the desired results. While subject matter that is conventional or well known in the art need not be described in detail, the specification must provide a complete description of each of the essential features recited in the claims such that the claimed invention is capable of achieving the desired results.
Claim 1 recites “a gear box in transmission connection with the electric motor” (l. 10). Applicant’s disclosure only addresses the specific structure of the shell body 1 that is intended to house an electric motor and a gear box on opposite sides of the shell body 1. Applicant’s disclosure fails to provide any description or illustration of the actual structure of the electric motor or the gear box. Applicant’s disclosure also fails to provide any description or illustration of the claimed transmission connection between the electric motor and the gear box. Absent such a complete description of these essential features, the specification fails to explain how the invention is structured and how it functions in order to achieve the desired results. Thus, the specification fails to demonstrate possession of the claimed invention.
Claim 1 recites “the DC/DC inside the fixing cavity is electrically connected to the controller inside the containing cavity” (ll. 14-15). Applicant’s disclosure only addresses the specific structure of the shell body 1 that is intended to support what the disclosure calls a “DC/DC” on a fixing structure 5 of the shell body 1 and that is intended to house a controller in a cavity 3 of the shell body 1. Applicant’s disclosure fails to provide any description or illustration of the actual structure of the “DC/DC” or the controller. Applicant’s disclosure also fails to provide any description or illustration of the claimed electrical connection between the “DC/DC” and the controller. Absent such a complete description of these essential features, the specification fails to explain how the invention is structured and how it functions in order to achieve the desired results. Thus, the specification fails to demonstrate possession of the claimed invention.
Dependent claims are included in the rejection because of their dependencies.
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.
GROUND 2: Claims 1-10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
As explained more fully in GROUND 1, the specification fails to explain how the claimed electric motor, gear box, transmission connection (between the electric motor and the gear box), “DC/DC”, controller, and electrical connection between the “DC/DC” and the controller are structured and/or how they function to achieve the desired results. Absent such supporting disclosure, the scope of claim 1 cannot be ascertained with a reasonable degree of certainty, i.e., it is unclear what subject matter is encompassed by the claim, and what is excluded therefrom.
In claim 1, the term “the other side of the shell body” (l. 4) lacks proper antecedent basis.
Claim 1 recites a “the shell body (1) is provided with a deceleration part” (l. 5) and goes on to recite “the deceleration part comprises a gear box” (l. 10). Characterizing a part of the shell body as a part that “comprises a gear box” is both confusing and inaccurate since a gear box is not limited to only its outer shell/casing/housing. That is, a gear box includes internal gearing. Such internal gearing cannot be accurately characterized as comprising part of the claimed shell body. Due to this confusing and inaccurate terminology, the scope of claim 1 cannot be ascertained with a reasonable degree of certainty, i.e., it is unclear what subject matter is encompassed by the claim, and what is excluded therefrom.
Claim 1 recites a “deceleration part” (l. 5) and states that “the deceleration part comprises a gear box” (l. 10). Characterizing a gear box (or geared transmission mechanism) as a “deceleration part” is both confusing and inaccurate since a gear box does not function as only a decelerating mechanism. That is, a gear box allows for the associated vehicle to undergo both acceleration and deceleration. Due to this confusing and inaccurate terminology, the scope of claim 1 cannot be ascertained with a reasonable degree of certainty, i.e., it is unclear what subject matter is encompassed by the claim, and what is excluded therefrom.
Claim 1 recites a “DC/DC part” (l. 5) and defines this component as being “configured to install a DC/DC” (ll. 13-14). The abbreviation “DC” conventionally refers to direct current. Thus, the claim term “DC/DC” appears to mean “direct current/direct current”. This terminology is confusing and inaccurate because direct current, by itself, does not constitute a structural element that is capable of being installed in a corresponding part of the claimed shell body. Due to this confusing and inaccurate terminology, the scope of claim 1 cannot be ascertained with a reasonable degree of certainty, i.e., it is unclear what subject matter is encompassed by the claim, and what is excluded therefrom.
Claims 2-10 each recite “The four-in-one drive powertrain for the electric vehicle according to claim…” (l. 1). This recitation is indefinite because claim 1 is not directed to an electric vehicle and does not positively recite an electric vehicle. Thus, the term “the electric vehicle” lacks proper antecedent basis and it’s appearance in claims 2-10 contradicts the scope of claim 1.
Claim 2 recites “one side of a middle part of a back surface” (ll. 2-3). Characterizing a “surface” as having one or more sides is confusing and inaccurate because a surface is not a structural object that has plural sides.
Claim 2 recites “a plurality of air deflectors (7) that are evenly distributed along a length direction of the shell body” (ll. 4-5). This recitation is indefinite because it fails to accurately define the air deflectors 7 as they are illustrated in Fig. 3. As shown in Fig. 3, the air deflectors 7 extend along a length direction of the shell body 1, but they are not evenly distributed along a length direction of the shell body 1. If anything, the air deflectors 7 are illustrated as being evenly distributed across a width/lateral direction of the shell body.
In claim 3, the term “the heat isolation groove” (l. 3) lacks proper antecedent basis. Note that the heat isolation groove is introduced in claim 2, but claim 3 depends from claim 1. Note, also, that if claim 3 is amended, to depend from claim 2, then claim 4 will be an improper duplicate of claim 3.
In claim 6, the term “the back surface of the heat isolation groove” (ll. 1-2) lacks proper antecedent basis.
In claim 7, the term “the back surface of the heat isolation groove” (ll. 1-2) lacks proper antecedent basis.
In claim 8, the term “the separating frame” (ll. 1-2) lacks proper antecedent basis. Note that the separating frame is introduced in claim 6, but claim 8 depends from claim 7.
In claim 9, the term “the back surface of the heat isolation groove” (ll. 1-2) lacks proper antecedent basis.
Claim 10 recites “wherein a central length of the heat isolation groove (6) and a total length of the shell body (1) are in a ratio of 6 to 7.” This recitation is indefinite because it fails to accurately define the heat isolation groove 6 as it is illustrated in Fig. 3. As shown in Fig. 3, the heat isolation groove 6 does not have a length in a ratio of 6 to 7 (or 6:7) to the total length of the shell body 1. Based on the illustration in Fig. 3, it appears that the length of the heat isolation groove 6 is less than 50% of the total length of the shell body 1.
AIA – First to File
The present reissue application contains claims to a claimed invention having an effective filing date on or after March 16, 2013. Accordingly, this application is being examined under the AIA first to file provisions.
Listing of Prior Art
The following is a listing of the prior art cited in this Office action together with the shorthand reference for each document (listed alphabetically):
“Bassis”
US Patent No. 10,486,512 B2
“Chiba et al.”
CN Publication No. 115523282 A (with translation)
“Garcia et al.”
US Patent No. 10,780,849 B1
“Lu et al.”
CN Publication No. 109353201 A (with translation)
“Pang et al.”
CN Publication No. 207218453 U (with translation)
“Speck et al.”
US Publication No. 2019/0379262 A1
“Yamamoto et al.”
WO Publication No. 2013/069774 A1 (with translation)
“Yoshida”
US Publication No. 2009/0250275 A1
“Zhang et al.”
EP Publication No. 4 542 829 A1
Pertinent Prior Art
The prior art listed above is considered pertinent to the claimed invention but is not relied upon to reject any claim.
Yamamoto et al. teaches a motor case 15 formed integrally with an inverter (motor controller) case 16 and one half of a gearbox case 17, with the inverter case 16 positioned above the motor case 15 and the gearbox case 17 extending from a first end of the motor case 15. See Figs. 1-10. Yamamoto et al. teaches another embodiment with the addition of a DC/DC converter case 50 formed integrally with the motor case 15 at a second end of the motor case 15. See Fig. 12.
Lu et al. teaches a motor housing 6 housing a motor 1, a transmission 2 housed between covers 9, 10 at one end of the motor housing 6, an electrical control casing 7 positioned above the motor housing 6, a power supply module 14 with a DC/DC converter positioned in the casing 7 below a partition 11, and a motor controller 3 positioned in the casing 7 above the partition 11. See Figs. 1-5.
Garcia et al. teaches a motor casing 146 defining a motor chamber 141, a cover plate 148 at one end of the motor casing 146 and defining a transmission chamber 143, a first partition 145 separating the motor chamber 141 and the transmission chamber 143, an electronics housing 162 positioned above the motor casing 146 and having a main case 166 and a cover 168, a charge module 171 positioned in the main case 166 below a second partition, and a DC/DC converter 173 and a motor controller 175 positioned in the main case 166 above the second partition. See Figs. 1-4.
Zhang et al. teaches a motor housing 21 housing a motor, a transmission housed in a transmission housing 22 at one end of the motor housing 21, a controller housing 11a positioned above the motor housing 21 and covered by a cover 12, a DC/DC converter positioned in a lower chamber 15 of the controller housing 11a below a partition 13, and an inverter (motor controller) positioned in an upper chamber 14 of the controller housing 11a above the partition 13. See Figs. 1-9.
Speck et al. teaches a motor housing 5 housing a motor, an electronics housing 1 positioned above the motor housing 5, a high voltage electronics system 2 positioned in the electronics housing 1 above a partition, and low voltage electronic component 3 positioned in the electronics housing 1 below the partition. See Figs. 1-6. In the embodiment of Figs. 7-12, the electronics housing 1 is integrally formed with the motor housing 5.
Chiba et al. teaches a motor shell 104 housing a motor 101, a transmission 120 housed within a cover 124 at one end of the motor shell 104, an electrical control shell 131 positioned above the motor shell 104, and a DC/DC converter and an inverter (motor controller) positioned in the electrical control shell 131. See Figs. 1-6.
Bassis teaches a motor housing 580 housing a motor 516, a gearbox 520 housed in a gearbox housing 560 at one end/side of the motor housing 580, an inverter housing 570 positioned above the motor housing 580, and an inverter (motor controller) 506 positioned in the inverter housing 570. See Fig. 5. A similar construction is shown in Fig. 6.
Pang et al. teaches a motor shell 3 housing a motor, a transmission housed between shells 1, 2 at one end of the motor shell 3, a controller 6 (with a controller housing) positioned above the motor shell 3, and a DC/DC converter positioned in the controller housing. See Figs. 1-4.
Lu et al. teaches a two-part casing assembly including a first casing 102 coupled to a second casing 104, a first motor MG1 and part of a first transmission PSD housed in the second casing 104, a second motor MG2, part of the first transmission PSD and a second transmission RD housed in the first casing 102, partitions 200, 202, 203 in the first and second casings 102, 104 for separating an electrical control chamber(s) from the motors and transmissions, and a power control unit 21 including a DC booster converter 12 positioned in the electrical control chamber. See Figs. 1-12.
Allowable Subject Matter
Claim 1 is not allowable due to the rejections set forth above. However, claim 1 appears to recite allowable subject matter because the prior art discussed above fails to teach the following combination of features:
A shell body with a first side thereof formed with a chamber having a partition structure arranged in a middle part thereof, the partition structure separating the chamber into:
A containing cavity positioned on a left side of the chamber and integrally formed with the shell body to place a controller.
An accommodating cavity positioned on a right side of the chamber and integrally formed with the shell body to install an electric motor.
A second side of the shell body provided with a first part that houses a gear box that is in transmission connection with the electric motor inside the accommodating cavity.
The second side of the shell body provided with a second part comprising a fixing structure arranged on a back surface of the containing cavity, the fixing structure having formed therein a fixing cavity configured to install a DC/DC converter, with the DC/DC converter electrically connected to the controller inside the containing cavity.
Specification Objections
The specification is objected to because:
In ¶ 0003, the terminology “DC/DCs” (l. 1) and “DC/DC” (l. 5) is confusing and inaccurate. As explained above, direct current, by itself, does not constitute a structural element.
In ¶ 0005, the terminology “deceleration part” (l. 5) is confusing and inaccurate. As explained above, a gear box does not function as only a decelerating mechanism. That is, a gear box allows for the associated vehicle to undergo both acceleration and deceleration.
In ¶ 0005, the terminology “DC/DC part” (l. 5) is confusing and inaccurate. As explained above, direct current, by itself, does not constitute a structural element.
In ¶ 0008, “The deceleration part includes a gear box” is confusing and inaccurate. As explained above, a gear box is not limited to only its outer shell/casing/housing. That is, a gear box includes internal gearing. Such internal gearing cannot be accurately characterized as comprising part of the “deceleration part” of the shell body.
In ¶ 0009, the terminology “DC/DC part” (l. 1) and “DC/DC” (l. 3) is confusing and inaccurate. See explanation above.
In ¶ 0017, “A central length of the heat isolation groove and a total length of the shell body are in a ratio of 6 to 7” fails to accurately define the heat isolation groove 6 as it is illustrated in Fig. 3. As shown in Fig. 3, the heat isolation groove 6 does not have a length in a ratio of 6 to 7 (or 6:7) to the total length of the shell body 1. Based on the illustration in Fig. 3, it appears that the length of the heat isolation groove 6 is less than 50% of the total length of the shell body 1.
In ¶ 0019, the terminology “DC/DC” (l. 2) is confusing and inaccurate. See explanation above.
In ¶ 0030, the terminology “deceleration part” (l. 5) and “DC/DC part” (l. 5) is confusing and inaccurate. See explanation above.
In ¶ 0033, the terminology “deceleration part” (l. 1) is confusing and inaccurate. See explanation above.
In ¶ 0034, the terminology “DC/DC part” (l. 1) and “DC/DC” (l. 3) is confusing and inaccurate. See explanation above.
In ¶ 0036, “a plurality of air deflectors 7 that are evenly distributed along a length direction of the shell body 1” (ll. 3-4) fails to accurately define the air deflectors 7 as they are illustrated in Fig. 3. As shown in Fig. 3, the air deflectors 7 extend along a length direction of the shell body 1, but they are not evenly distributed along a length direction of the shell body 1. If anything, the air deflectors 7 are illustrated as being evenly distributed across a width/lateral direction of the shell body.
In ¶ 0043, “a ratio of 6 to 7” (ll. 2 and 12) fails to accurately define the heat isolation groove 6 as it is illustrated in Fig. 3. See explanation above.
In ¶ 0043, “the ratio is less than 6” (l. 3) is confusing and inaccurate because the phrase “less than 6” defines only a numerical range. No “ratio” is defined.
In ¶ 0043, “the ratio is greater than 7” (ll. 6-7) is confusing and inaccurate because the phrase “greater than 7” defines only a numerical range. No “ratio” is defined.
In ¶ 0044, the terminology “DC/DC” (l. 2) is confusing and inaccurate. See explanation above.
Drawing Objections
The drawings are objected to under 37 CFR 1.83(a) for failing to show every feature of the invention specified in the claims. Therefore, the features listed below must be shown in the drawings or canceled from the claims. No new matter should be entered.
“a gear box in transmission connection with the electric motor” (claim 1, l. 10).
“the DC/DC inside the fixing cavity is electrically connected to the controller inside the containing cavity” (claim 1, ll. 14-15).
The objection to the drawings will not be held in abeyance.
Response Period
A shortened statutory period for response is set to expire THREE MONTHS from the mailing date of this action.
Filing and Contact Information
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Peter English whose telephone number is (571)272-6671. The examiner can normally be reached on Monday-Thursday (8:00 am - 6:00 pm EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s the examiner’s supervisor, Eileen Lillis, can be reached at 571-272-6928.
/PETER C ENGLISH/Primary Examiner, Art Unit 3993
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