DETAILED ACTION
This is the second Office action of Application No. 18/550,053 in response to the amendment filed on November 18, 2025. Claims 1-3, 5-10, 12-20, and 22-24 are pending. By the amendment, claims 1-2, 10, 12, 15-16, and 20 have been amended. Claims 4, 11, and 21 are canceled. Claims 23-24 are new.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/18/2025 has been considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: in paragraph [0067] (applicant’s PG Pub), the phrase “What sits on this bearing pin 5 is an anti-friction bearing 5”, appears it should be -- What sits on this bearing pin 35 is an anti-friction bearing 5” to correspond with the nomenclature of the rest of the specification.
Appropriate correction is required.
Claim Objections
Claims 1, 5, 12-13, 15, and 24 are objected to because of the following informalities:
In claims 1, 5, 12-13, 15, and 24, either the phrase “the first gear wheel” and “the second gear wheel” these phrases need better consistency with the initial phrase “at least one gear wheel of a first gear stage” and “at least one gear wheel of s second gear stage” of claim 1, for example –the first gear wheel of the first gear stage—or similar.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5, 12, 14, 16, 18, and 22-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Getta (US Patent Publication 20150101874).
Regarding claim 1, Getta discloses a drive unit (e.g. paragraph [0051]) for an electric bicycle (e.g. paragraph [0051]), comprising a drive shaft (Fig. 5, pedal crankshaft 2) for muscle-powered generation of a driving torque, an output shaft (Fig. 5, hollow shaft 3) for driving a wheel of the electric bicycle, the output shaft being arranged coaxially to the drive shaft, an electric motor (Fig. 5, electric motor 4) with a motor shaft for externally power-operated generation of an additional driving torque, a gearing device (Fig. 5, e.g. 54, 60, 62) for coupling a motor shaft (Fig. 5, motor shaft 40) of the electric motor to the output shaft, wherein the gearing device comprises at least two gear stages (see Fig. 5), and a housing (Fig. 5, drive housing 7 with housing frame 70 and covers 71 and 72) accommodating the electric motor and the gearing device wherein the drive unit comprises a gearing support (e.g. housing frame 70) fixed in the housing, on which gearing support at least one gear wheel (sun gear 50) of a first gear stage and at least one gear wheel (chain output wheel 62) of a second gear stage are rotatably mounted wherein the gearing support includes a bearing pin (shown in Fig. 5) on which the second gear wheel is rotatably mounted (shown in Fig. 5, 62 is mounted via a bearing to 70).
Regarding claim 2, Getta discloses the drive unit according to claim 1, wherein the first gear wheel includes a first bearing portion (Fig. 5, bearing portion which is close to the electric motor and has two bearings) axially extending with respect to an axis of rotation of the first gear wheel (sun gear 50 extends via shaft 40), which first bearing portion protrudes into the bearing opening of the gearing support and on which an anti-friction or plain bearing (double bearing shown in Fig. 5) held in the bearing opening is provided.
Regarding claim 3, Getta discloses the drive unit according to claim 2, wherein the first gear wheel includes a second bearing portion (other side of sun gear where shaft 40 is supported in 72) axially extending with respect to an axis of rotation of the first gear wheel (sun gear 50 extends via shaft 40), which second bearing portion in addition is rotatably mounted on a portion of a housing (72) of the drive unit.
Regarding claim 5, Getta discloses the drive unit according to claim 1, wherein on the bearing pin an anti-friction or plain bearing is provided for rotatably mounting the second gear wheel (shown in Fig. 5).
Regarding claim 12, Getta discloses the drive unit according to claim 1 wherein the gearing device for the first gear stage comprises a planetary transmission (paragraph [0060]) with a sun gear (50), a ring gear (54) and a plurality of planetary gears (51, 52, 53) rotatably mounted on a planet carrier (55) of the planetary transmission, wherein the motor shaft of the electric motor is connected to the sun gear of the planetary transmission (Fig. 5), and via the ring gear a torque can be transmitted from the motor shaft to the planet carrier which is connected to the first gear wheel (Fig. 5).
Regarding claim 14, Getta discloses the drive unit according to claim 12 wherein on the gearing support the planet carrier of the planetary transmission also is rotatably mounted (indirectly shown in Fig. 5).
Regarding claim 16, Getta discloses the drive unit according to claim 12 wherein the ring gear is mounted in the housing, but, with respect to an axis of rotation of the sun gear, is merely partly radially supported circumferentially by the housing (Figs. 3-4, e.g. notches in 54).
Regarding claim 18, Getta discloses the drive unit according to claim 1, wherein intermeshing gear wheels (Fig. 5 planetary device gears) of the gearing device are helically toothed (shown in Fig. 5).
Regarding claim 22, Getta discloses an electric bicycle with a drive unit according to claim 1 (paragraph [0051]).
Regarding claim 23, Getta discloses The drive unit according to claim 1, wherein the gearing support is fixed to the housing via a fastening element (Fig. 5, the housing 70 which has the gearing support is fixed to the other housings e.g. 71 and 72 via a fastener).
Claim Rejections - 35 USC § 103
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 17 is rejected under 35 U.S.C. 103 as being unpatentable over Getta (US Patent Publication 20150101874).
Regarding claim 17, Getta discloses the drive unit according to claim 1 via the gearing device a total gear ratio (Fig. 5).
Getta does not disclose a total gear ratio in the range of 22 to 27 is provided. However, this only involves a routine change in size of the gears and the planetary and subsequent gearing are known to have high ratios, which allows for sufficient transfer of torque.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Getta to incorporate the range of gear ratio with a reasonable expectation of success for the known advantage of transferring sufficient torque. Furthermore, a change of size is generally recognized as being within the level of ordinary skill in the art (In re Rose, 105 USPQ 237 (CCPA 1955) and MPEP 2144.04(IV)(A)).
Response to Arguments
Applicant’s arguments, see page 8, filed 11/18/2025, with respect to the objection to the abstract have been fully considered and are persuasive. More specifically, the amendment to the abstract overcomes the objection. The objection to the abstract has been withdrawn.
Applicant’s arguments, see pages 8-9, filed 11/18/2025, with respect to the objections to the claims have been fully considered and are persuasive. More specifically, the amendments to the claims have overcome the objections. The objections to the claims have been withdrawn. The current claim objections are new.
Applicant's arguments, on pages 9-13 regarding the 35 U.S.C. 102 rejection using Getta (US Patent Publication 20150101874), filed 11/18/2025 have been fully considered but they are not persuasive. The applicant’s argument on page 10 is directed to the idea that the gearing support cannot be part of the housing. The housing in the Office action was noted as driving housing 7 which comprises housing frame 70 and covers 71 and 72. Housings function to support the components of the transmission so it is generally recognized that certain parts of the housing can be referred to as ‘support’ without it being a separate component. In this case housing frame 70 is a separate component from the other parts of the housing like covers 71 and 72. Furthermore, in the phrase “the drive unit comprises a gearing support fixed to the housing”, the word “fixed” is used functionally and does not denote a specific structure. In this case the housing 70 which has the gearing support is fixed to the other housings e.g. 71 and 72 via a fastener. Alternatively, the specific gear support portion can viewed as integral to housing and thus the specific support portion can be considered fixed functionally. The next phrase “the gearing support includes a bearing pin” appears to the examiner at this point to contradict this separate element argument, above, because in this case “a bearing pin” 35 is part/integral to the gearing support 3 (Fig. 3 of applicant’s disclosure shows these as one piece). Based on the way terms are used in the claims, it appears the broadest reasonable interpretation allows for the housing frame 70 to have gearing support as part of the structure. See annotated Figure A of Getta below. Additionally, the applicant is reminded that modifying Getta to make separable could possibly be considered within the capability of one with ordinary skill in the art (MPEP 2144.04(V)(C)). Additionally, annotated Fig. A shows the bearing pin for second gear wheel 62.
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Fig. A: Annotated Fig. 5 of Getta (US Patent Publication 20150101874)
Applicant’s arguments, see pages 11, filed 11/18/2025, with respect to the comments about prior art in the IDS have been fully considered and are persuasive. The Abe reference (German document DE102019128525) does not disclose a bearing on which a second gear wheel is rotatably mounted.
Applicant’s arguments, see pages 11-12, filed 11/18/2025, with respect to prior art rejections to dependent claims 6-7 have been fully considered and are persuasive. More specifically, the arguments on page 12 are well-taken. The prior art rejections to dependent claims 6-7 have been withdrawn.
Allowable Subject Matter
Claims 6-10, 13, 15, 19-20, and 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
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.
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/LORI WU/Primary Examiner, Art Unit 3655