DETAILED ACTION
This is the first Office action on the merits of Application No. 18/554,909. Claims 1-8 and 10-21 are pending.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/11/2023 has been considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
in claim 1, line 10, the phrase “a mixt driving force” appears due to a translation and could be –a mixed driving force—as the term ‘mixt’ seems unfamiliar.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6, 12-14, and 18-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 6 and 18, the phrases "EMPEL SYSTEMS EM 150", “INTEGRAL POWERTRAIN SPM177-91”, and “EMPEL SYSTEMS EM200 or an EM250 or an INTEGRAL POWERTRAIN SPM242-94” renders the claim indefinite because the names appear to be trade names. Explanation on how these phrases are generic names would be needed to overcome the rejection.
Regarding claims 12-13, the term “around” is a relative term which renders the claim indefinite. The term “around” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 14, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 14 recites the broad recitation “more than 30 times”, and the claim also recites “100 times or more” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claims 19-21 are also rejected as being dependent upon a rejected base claim.
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 1-4, 7, 10, 15, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toda (European document 3753791, cited in the IDS).
Regarding claim 1, Toda discloses a hybrid vehicle (Fig. 1, vehicle 1) comprising a mechanical subsystem and an electrical subsystem, wherein the mechanical subsystem comprises an internal combustion engine (engine 12), a gearbox (power transmission 14c) and a clutch (clutch 14b), allowing to deliver a driving force to two or more wheels (shown in Fig. 1, wheels 2a), and wherein the electrical subsystem comprises an electrical storage device (battery 18 and capacitor 22), at least one electrical motor (motor 16 and motors 20) fed by the electrical storage device and at least one inverter (e.g. inverter 16a) associated to each of the at least one electrical motor, said at least one electrical motor being adapted to deliver a driving force to one or more wheels of the hybrid vehicle (shown in Fig. 1), wherein each one of the mechanical subsystem and the electrical subsystem can be used independently from one another (paragraphs [0026-0028]) so as to allow either a full mechanical propulsion, a full electrical propulsion or a mixt driving force to the hybrid vehicle, the hybrid vehicle further comprising a command unit (control apparatus 24) adapted to modulate the driving force provided to each of the wheels by the mechanical subsystem and by the electrical subsystem according to predetermined parameters, being adapted to automatically distribute the energy to the wheels according to a full electrical mode, a full thermal mode or a hybrid mode (Fig. 10 and paragraph [0028]), wherein said electrical storage device comprises one or more capacitors (capacitor 22) and is free of traditional batteries (additionally the battery 18 is “battery 18, a lithium ion battery (LIB) of 48 V and 3.5 kWh” is used and not interpreted as a traditional battery)
Regarding claim 2, Toda discloses the hybrid vehicle according to claim 1, wherein said vehicle comprises a rear axle having two wheels (paragraph [0034]) said rear axle being connected to the internal combustion engine through the gearbox and the clutch (Fig. 1) and being further connected to one of said at least one electrical motor (16).
Regarding claim 3, Toda discloses the hybrid vehicle according to claim 2, wherein said electrical motor is arranged between the internal combustion engine and the clutch (shown in Fig. 1) or between the clutch and the gearbox.
Regarding claim 4, Toda discloses the hybrid vehicle according to 1,wherein the front wheels (2b) are each independently driven by one of said electrical motors (e.g. shown in Fig. 1).
Regarding claim 7, Toda discloses the hybrid vehicle according claim 1, wherein said at least one inverter is adapted to supply electrical power from the electrical storage device to the electrical motor to which it is connected and to charge the electrical storage device retrieved from said electrical motor (shown in Fig. 5).
Regarding claim 10, Toda discloses the hybrid vehicle according to claim 1,wherein said command unit, when said vehicle is in a hybrid mode, is adapted to automatically adapt or modulate the ratio of energy originating from the electrical subsystem and the mechanical subsystem to each of the wheels (e.g. Fig. 9).
Regarding claim 15, Toda discloses method of managing the electrical power of a hybrid vehicle as defined in claim 1, comprising the step of determining the available level of electrical energy in the electrical storage device and one or more of the steps of selecting a driving mode and selecting a driving style (driving style e.g. “a driver can sufficiently enjoy a driving feeling of the vehicle driven by the internal combustion engine while using the hybrid driving apparatus”).
Regarding claim 17, Toda discloses the hybrid vehicle according to claim 2, wherein the front wheels (2b) are each independently driven by one of said electrical motors (e.g. shown in Fig. 1).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Toda (European document 3753791) in view of Hiramatsu (Japanese document JP2011031744, cited on the IDS).
Regarding claim 5, Toda discloses the hybrid vehicle according to claim 4, further comprising said electrical motors and the corresponding wheels (Fig. 1).
Toda does not disclose one or more gear reductions arranged between said electrical motors and the corresponding wheels.
Hiramatsu one or more gear reductions (60A/B) arranged between said electrical motors and the corresponding wheels (Fig. 1-2, arranged between in a torque flow). It recognized that it is common to put a gear reduction from electric motors to increase the 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 Toda to incorporate the gear reductions of Hiramatsu with a reasonable expectation of success for increasing the torque from the electric motor.
Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Toda (European document 3753791) in view of Perkins (US Patent Publication 20200171973).
Regarding claim 8, Toda discloses the hybrid vehicle according to claim 1,further comprising the electrical subsystem to an external source of power (Fig. 1, “charging”).
Toda does not explicitly disclose a plugging device allowing to connect the electrical subsystem to an external source of power.
Perkins discloses a plugging device allowing to connect the electrical subsystem to an external source of power (paragraphs [0002], [0006], [0013] and Fig. 1, 134 and 136).
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 Toda to incorporate a plugging device of Perkins with a reasonable expectation of success to use a recognized way to charge the vehicle.
Regarding claim 14, as best understood, Toda discloses the hybrid vehicle according to claim 1, said storage device comprising or consisting of an electrical energy storage device (Fig. 1, “charging”).
Toda does not disclose adapted to receive an input power during its charging step of more than 30 times or 50 times, or 100 times or more of its stored energy or storable energy so as to allow a time of charge lower than 5 minutes.
Perkins disclose the charging is accomplished in less than 5 minutes (paragraph [0038]).
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 Toda to incorporate charging in less than 5 minutes and the numbers of times of Perkins with a reasonable expectation of success for the recognized advantage of charging fast.
Regarding claim 16, Toda discloses the method according to claim 15, further comprising the step of charging (Fig. 1, “charging”) the electrical storage device.
Toda does not disclose the charging is accomplished in less than 5 minutes.
Perkins disclose the charging is accomplished in less than 5 minutes (paragraph [0038]).
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 Toda to incorporate charging in less than 5 minutes Perkins with a reasonable expectation of success for the recognized advantage of charging fast.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Toda (European document 3753791) in view of Donegan (US Patent 5828554).
Regarding claim 11, Toda the hybrid vehicle according to claim 1, further comprising a protective housing, receiving one or more of the electrical storage device and the command unit (Figs. 1-4).
Toda does not disclose the material the protective housing being made of.
Donegan discloses said protective housing being made of, or comprising materials selected from carbon fibers, glass fibers, inorganic polymers or fabrics, composite materials, polymer resins and a mixture thereof (claim 2, “said housing comprises a carbon fiber composite”). It is recognized the material is strong and light weight.
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 Toda to incorporate the material of the protective housing of Donegan with a reasonable expectation of success to use a light weight material.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Toda (European document 3753791).
Regarding claim 12, Toda discloses the hybrid vehicle according to claim 1,said storage device comprising or consisting of an electrical energy storage device (Fig. 1).
Toda does not disclose the output power within the claimed output power. However, it would have been adapted to deliver an output power comprised between around 200 kW and around 250 kW for a continuous consumption of 25 seconds as to have the recognized advantage to supply more torque/speed to the wheel.
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 Toda to incorporate output power with the reasonable expectation of success to provide more torque/speed to the wheel.
Regarding claim 13, Toda discloses the hybrid vehicle according to claim 1, said storage device comprising or consisting of an electrical energy storage device (Fig. 1).
Toda does not disclose the output power within the claimed output power. However, it would have been adapted to deliver a peak output power comprised between around 250 kW and around 300 kW for a peak consumption of 10 seconds as to have the recognized advantage to supply more torque/speed to the wheel.
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 Toda to incorporate output power with the reasonable expectation of success to provide more torque/speed to the wheel.
Allowable Subject Matter
Claims 6 and 18-21 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Furukawa (US Patent Publication 20200376949) disclose a vehicle drive system (Fig. 3).
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/LORI WU/Primary Examiner, Art Unit 3655