DETAILED ACTION
This is the second Office action of Application No. 18/564,345 in response to the amendment filed on October 10, 2025. Claims 1-4, 13-14, 16-17, 27, 30-31, 34-36, 47, 49-50, 54-56, 60, 75, 78, and 81-95 are pending. By the amendment, claims 1, 4, 56, and 78 have been amended. Claims 88-95 are new. Claims 5-12, 15, 18-26, 28-29, 30-33, 36-47, 48, 51-55, 57-59, 61-74, 76-77, and 79-80 are canceled
Claim Objections
Claim 92 is objected to because of the following informalities:
in claim 92, line 2, the word “The” should be –the--.
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.
Claim 91 is 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 claim 91, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination/allowable subject matter, ‘such as’ is interpreted as –including--. Also, the “and/or” designation is recommended to change to –or—only, while it does appears one subset of the transmission ratios can be progressively increasing and another subset of the transmission ratios can be progressively decreasing. It is generally confusing to have an ‘and’ condition that is both increasing and decreasing. Attention is directed to claim 87 and the ‘and/or’ statement there.
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, 13, 16-17, 27, 82-85, 88-89, and 93-94 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heinz (US Patent Publication 20170248212, cited on the IDS).
Regarding claim 1, Heinz discloses a transmission system (Fig. 3) for a human powered vehicle (intended use, MPEP 2111.02(II)), comprising a system input (1) and a system output (2), wherein the system input is arranged to be connected to a power source (100), and the system output is arranged to be connected to a load (102), a continuously variable transmission (CVT) (e.g. 12-14) and a first transmission (“epicyclic gearing” Fig. 3, between 11 and 103) between the system input and the system output, and a control unit (ECU) configured to control the CVT and the first transmission (e.g. paragraphs [0053-0054]): the control unit being configured to control the CVT to selectively operate according to one of two or more distinct (paragraph [0049], “The variable transmission ratio has a maximum forward motion and a minimum forward motion, which respectively are defined constructively or control-technologically by the adjustable axial distance”) transmission ratios within a continuous range of transmission ratios (paragraph [0050]), and the CVT having an actuation element for switching the CVT from one transmission ratio paragraphs [0053-0056]); and the control unit being configured to control the first transmission to selectively operate (paragraph [0051]) according to a first transmission ratio (paragraph [0051], first forward gear) or a second transmission ratio (paragraph [0051], second forward gear); wherein the CVT and the first transmission are connected in series (Fig. 3 shows input to CVT to first transmission to output), such that the transmission system is operable according to a plurality of different system transmission ratios determined by the selected transmission ratio of the CVT and the selected transmission ratio of the first transmission (Fig. 3 and e.g. paragraphs [0015-0017]).
Regarding claim 2, Heinz discloses the transmission system of claim 1, wherein the first transmission has a first clutch for switching the first transmission from the first transmission ratio to the second transmission ratio and/or vice versa (paragraph [0051], e.g. shifted by clutches C1-C3).
Regarding claim 3, Heinz discloses the transmission system of claim 1, wherein the first transmission includes a first transmission path for providing the first transmission ratio and a second transmission path, parallel to the first transmission path, for providing the second transmission ratio, at least one of the first and second transmission paths including a first clutch (Fig. 3 and e.g. paragraph [0051], C2 disengaged does not run through this path, C2 engaged and second forward gear and runs through C2. Additional there is a transmission path via C as well).
Regarding claim 4, Heinz discloses the transmission system of claim 3, wherein the first transmission includes a planetary gear set (“epicyclic gearing” Fig. 3, between 11 and 103).
Regarding claim 13, Heinz discloses the transmission system of claim, wherein the CVT comprises: a first drive element (12) that is rotatable about a first axis, a second drive element (13) that is rotatable about a second axis parallel to the first axis, wherein the second drive element is movable relative (paragraph [0049] “13 is hydraulically adjustable”) to the first drive element in a direction transverse to the first axis; and first coupling elements (paragraph [0049], “free-wheel mechanism”) for transferring torque between the first drive element and the second drive element, wherein the first coupling elements are provided at a constant first radius from the first axis and at a variable second radius from the second axis (Fig. 3).
Regarding claim 16, Heinz discloses the transmission system of claim 1, comprising a second transmission (Fig. 3, via 23) between the system input and the system output, the second transmission being selectively operable according to a third transmission ratio or a fourth transmission ratio (via C or C2), wherein the CVT, the first transmission, and the second transmission are connected in series (CVT to planetary to parallel axis gearset 23), such that the transmission system is operable according to a plurality of different system transmission ratios determined by the selected transmission ratio of the CVT, the selected transmission ratio of the first transmission, and the selected transmission ratio of the second transmission (Fig. 3).
Regarding claim 17, Heinz discloses the transmission system of claim 16, wherein the second transmission includes a third transmission path (103 to 23) for providing the third transmission ratio and a fourth transmission path (e.g. 1 to 21 to 23), parallel to the third transmission path, for providing the fourth transmission ratio, at least one of the third and fourth transmission paths including a second clutch (C) for switching the second transmission from the third transmission ratio to the fourth transmission ratio and/or vice versa (Fig. 3).
Regarding claim 27, Heinz discloses the transmission system of claim 16 wherein at least one of the first transmission ratio and the second transmission ratio is a speed-down transmission ratio, and at least one of the third transmission ratio and the fourth transmission ratio is a speed-up transmission ratio (e.g. paragraphs [0050-0051]).
Regarding claim 82, Heinz discloses the transmission system of claim 1, wherein the first transmission ratio and second transmission ratio of the first transmission determine a range of system transmission ratios, and the transmission ratios of the CVT provide intermediate system transmission ratios between the first transmission ratio and second transmission ratio of the first transmission (Fig. 3 and paragraphs [0050-0052]).
Regarding claim 83, Heinz discloses the transmission system of claim 16, wherein the first, second, third and fourth transmission ratios of the first and second transmissions determine a range of system transmission ratios, and the transmission ratios of the CVT provide intermediate system transmission ratios between system transmission ratios determined by the first and second transmission (Fig. 3 and paragraphs [0050-0052]).
Regarding claim 84, Heinz discloses the transmission system of claim 16, wherein the CVT is configured to extend the range of system transmission ratios provided by the first and second transmissions (Fig. 3 and paragraphs [0050-0052]).
Regarding claim 85, Heinz discloses the transmission system of claim 1, wherein the control unit is configured to control the CVT to selectively operate according to a predetermined finite set of different transmission ratios within the continuous range of transmission ratios (Fig. 3 and paragraphs [0050-0052]).
Regarding claim 88, Heinz discloses the transmission system of claim 1, wherein the CVT is configured to be operable according to a predetermined finite set of transmission ratios within the continuous range of CVT transmission ratios (paragraph [0049], “The variable transmission ratio has a maximum forward motion and a minimum forward motion, which respectively are defined constructively or control-technologically by the adjustable axial distance”. Note it appears the distinct ratios and finite set of ratios can overlap.).
Regarding claim 89, Heinz discloses the transmission system of claim 1, wherein the transmission ratios for operation of the CVT are preprogrammed, and the CVT is configured to be controlled to switch from one preprogrammed transmission ratio to another (paragraph [0049], “variable transmission ratio has a maximum forward motion and a minimum forward motion… control-technologically by the adjustable axial distance”).
Regarding claim 93, Heinz discloses the transmission system of claim 16, wherein the CVT provides intermediate transmission ratio steps, between the system transmission ratios obtainable with only the first and second transmissions (Fig. 1).
Regarding claim 94, Heinz discloses the transmission system of claim 16, wherein the CVT extends the range of system transmission ratios provided by the first and second transmissions (Fig. 1).
Claims 1, 34-35, and 81 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nichols (WIPO Publication 2014172422, cited on the IDS).
Regarding claim 1, Nichols discloses a transmission system (Fig. 1) for a human powered vehicle (paragraph [0039]), comprising a system input (2) and a system output (rear wheel sprocket), wherein the system input is arranged to be connected to a power source (e.g. rider or motor 30), and the system output ifs arranged to be connected to a load, a continuously variable transmission (CVT 1) and a first transmission (38) between the system input and the system output, and a control unit (e.g. paragraph [0057]) configured to control the CVT and the first transmission: the control unit being configured to control the CVT to selectively operate according to ne of two or more distinct transmission ratios (paragraph [0058], “The system can include a memory in communication with the processor. In some embodiments, the memory has stored therein one or more maps correlating bicycle speeds with speed ratios”) within a continuous range of transmission ratios (shifter 14 and paragraph [0039]), and the CVT having an actuation element (14) for switching the CVT from one transmission ratio e.g. paragraphs [0039] and [0057]); wherein the CVT and the first transmission are connected in series (e.g. Fig. 2), such that the transmission system is operable according to a plurality of different system transmission ratios determined by the selected transmission ratio of the CVT and the selected transmission ratio of the first transmission (e.g. paragraphs [0039] and [0057]).
Regarding claim 34, Nichols discloses the transmission system of claim 1, comprising an electric motor (e.g. Fig. 5A, 30), for propelling, or assist propelling, of the vehicle, wherein the electric motor is connected between the CVT and the first transmission (shown in Fig. 5A).
Regarding claim 35, Nichols discloses the transmission system of claim 1, wherein the CVT and the first transmission are housed in a common housing (Fig. 2, housing 16 houses the support for the first transmission and the CVT fits inside).
Regarding claim 81, Nichols discloses a bicycle comprising the transmission system of claim 1 (paragraph [0039]).
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.
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Heinz (US Patent Publication 20170248212) in view of Look (European document EP0303531, cited on the IDS).
Regarding claim 14, Heinz discloses the transmission system of claim 13 and CVT (12-14).
Heinz does not disclose for example second coupling elements, third drive element.
Look discloses a CVT comprises a first drive element (3c), a second drive element (1c), first coupling elements (16c), a third drive element (24) that is rotatable about a third axis (X-X’) parallel to the second axis wherein the third drive element and the second drive element are movable relative to each other in a direction transverse to the third axis; and second coupling elements (16d) provided at a constant third radius (Fig. 9) from the third axis and at a variable fourth radius (Fig. 9, variable over distance E) from the second axis, for transferring torque between the third drive element and the second drive element (Fig. 9).
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 Heinz to incorporate the CVT of Look with a reasonable expectation of success to have a high mechanical resistance by wedging (Look, paragraph [0026]).
Claims 49-50, 56, 60, 75, and 78 are rejected under 35 U.S.C. 103 as being unpatentable over Nichols (WIPO Publication 2014172422).
Regarding claim 49, Nichols discloses a distributed transmission system for a bicycle (e.g. Figs. 6-10), comprising a crank assembly for being arranged at a crank (crank 2) of a bicycle, and a wheel hub assembly for being arranged at a wheel of the bicycle (e.g. Figs. 6-10), wherein one of the crank assembly (e.g. Fig. 4) and the wheel hub assembly comprises the transmission system of claim 1 and another one of the crank assembly and the hub assembly comprises a further transmission being selectively operable according to at least two different transmission ratios (paragraph [0004], “actuating levers, cables, and linkages to cause a chain to move from one rear sprocket to another”), and having a further clutch (paragraph [0004]) for switching the further transmission between its different transmission ratios.
Nichols does not explicitly state these are in the same embodiment, however having multiple sprockets on both the rear and bottom bracket would allow for more gear ratios in transmission.
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 Nichols to incorporate the further transmission with a reasonable expectation of success to have more gear ratios in the transmission.
Regarding claim 50, Nichols, as modified, discloses the distributed transmission system of claim 49, comprising a single control unit connected to the crank assembly for controlling a shift actuator of the transmission system, and further connected to the hub assembly for controlling a further shift actuator of the further transmission (e.g. paragraph [0057]).
Regarding claim 56, Nichols, as modified, discloses a wheel hub assembly, particular of a distributed transmission system of claim 49, comprising a hub housing holding one or more sensors and/or actuators (e.g. Fig. 10), and an electric connection interface (e.g. electrical connections shown in Fig. 4 for example) for electrically connecting the one or more sensors and/or actuators with an externally arranged electric component (e.g. paragraph [0057]), an external power source (e.g. 136), external control unit (e.g. paragraph [0057]) and/or external user-operable shifter, the electric connection interface being arranged for transmitting electric power and/or electronic communication signals between the external electric component and one or more sensors and/or actuators (e.g. paragraph [0052)).
Regarding claim 60, Nichols, as modified, discloses the wheel hub assembly of claim 56, wherein the connection interface comprises a first connection part having a first electric contact being electrically connected to the one or more sensors and/or actuators; and a second connection part, being releasable connectable to the first connection part, and having a second electric contact arranged for being electrically connected to an external electric component, such as to an external power source and/or external control unit, wherein the first and second electric contacts are arranged for being in contact with one another so as to conduct electric signals therebetween when the first and second connection parts are mechanically coupled to each other (paragraph [0044], “In some embodiments, the integrated motor or generator electrical components described in U.S. Patent No. 7,727,101 are incorporated”, paragraph [0052], “In some embodiments, the electric motor 30 and/or 48 can be in electrical communication with a control system having an electronic controller, a number of sensors, a source of electrical power, and appropriate wiring and electrical hardware such as those described in U.S. Patent Nos. 7,343,236 and 7,885,747 and European Patent No. 1 ,984,637, which are hereby incorporated by reference herein”, and paragraph [0057]).
Regarding claim 75, Nichols, as modified, discloses the wheel hub assembly of claim 60, wherein the second contact is configured for being electrically connected to rear derailleur electronics (e.g. paragraphs [0044], [0052], and [0057]).
Regarding claim 78, Nichols, as modified, discloses a crank assembly for a bicycle, particularly for a distributed transmission system of claim 49, comprising a crank housing holding one or more sensors and/or actuators, and an electric connection interface for electrically connecting the one or more sensors and/or actuators with an externally arranged electric component, an external power source, external control unit and/or external user-operable shifter, the electric connection interface being arranged for transmitting electric power and/or electronic communication signals between the external electric component and one or more sensors and/or actuators (Figs. 4 and 6-10 and e.g. paragraphs [0044], [0052], and [0057]).
Response to Arguments
Applicant’s arguments, see page 12, filed 10/10/2025, with respect to the objection to the drawings have been fully considered and are persuasive. More specifically, the amendment to the drawings overcomes the objection. The objection to the drawings has been withdrawn.
Applicant’s arguments, see page 12, filed 10/10/2025, with respect to the objection to the specification have been fully considered and are persuasive. More specifically, the amendment to the specification overcomes the objection. The objection to the specification has been withdrawn.
Applicant's arguments filed 10/10/2025 regarding the 35 U.S.C. 102(a)(1) rejection using Heinz (US Patent Publication 20170248212) have been fully considered but they are not persuasive. The applicant has amended to ‘a plurality of different transmission ratios’ to instead read as –one of two or more distinct transmission ratios--, which the applicant further describes on page 14, lines 10-18, relative to their own specification, but does not appear to address why the distinct ratios listed in Heinz would not apply. The examiner disagrees and finds that there are at least two distinct gear ratios at (a) a maximum forward motion and (b) a minimum forward motion (paragraph [0049] describes these maximum and minimum and paragraph [0050] describes the associated gear ratio). Heinz further suggests that these ratios are preprogrammed (paragraph [0049], “variable transmission ratio has a maximum forward motion and a minimum forward motion… control-technologically by the adjustable axial distance”). Adding further structural limitation to claim 1 appears necessary to overcome the belt CVT of Heinz. The Heinz rejection under 102 is maintained.
Applicant's arguments filed 10/10/2025 regarding the 35 U.S.C. 102(a)(1) rejection using Nichols (WIPO Publication 2014172422) have been fully considered but they are not persuasive. The applicant has amended to ‘a plurality of different transmission ratios’ to instead read as –one of two or more distinct transmission ratios--, which the applicant further describes on page 14, lines 10-18, relative to their own specification, but does not appear to address why the distinct ratios listed in Nichols would not apply. Nichols states in paragraph the distinct transmission/speed ratios are stored in the memory (paragraph [0058], “The system can include a memory in communication with the processor. In some embodiments, the memory has stored therein one or more maps correlating bicycle speeds with speed ratios”) and the actuation element switches to the ratio (paragraph [0058], “the bicycle can include a position sensor configured to provide an indication of a position of the actuator. In some embodiments, the data structures have a speed ratio data structure and a bicycle speed data structure. In other embodiments, the ball-planetary transmission includes a shift rod, the shift rod operably coupled to the actuator”). As the scope of the current limitations appear to apply to Nichols and the Nichols rejection under 102 is not overcome.
Applicant's arguments filed 10/10/2025 regarding the 35 U.S.C. 103 rejection using Look (European document EP0303531) with Heinz have been fully considered but they are not persuasive. Applicant's arguments on page 14 amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant's arguments filed 10/10/2025, regarding the 35 U.S.C. 103 rejection using Nichols (WIPO Publication 2014172422) have been fully considered but they are not persuasive. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Applicant’s arguments, see page 15, filed 10/10/2025, with respect to the 35 U.S.C. 103 rejection to claim 86-87 regarding Heinz have been fully considered and are persuasive. More specifically, the arguments on page 15 are well-taken. The 35 U.S.C. 103 rejection to claim 86-87 regarding Heinz has been withdrawn.
Applicant’s arguments, see page 15, filed 10/10/2025, with respect to the new claims have been fully considered. More specifically, the respective claims have either been indicated allowable or incorporated to the rejections above.
Allowable Subject Matter
Claims 86-87, 90, 92, and 95 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.
Claim 91 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.
Nichols (US Patent Publication 201600400763) discloses a CVT with transmission housing (Fig. 3, 16).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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