CTFR 18/595,536 CTFR 82363 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1, 6, and 7 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by TOKOZAKURA et al. (US 2017/0144532 A1) . Regarding claim 1, TOKOZAKURA discloses an electric vehicle comprising: an electric motor (MG1, MG2); a power transmission device (5, 8, 9, etc.) to which the electric motor (MG1, MG2) is connected in a power transmittable manner; an electric oil pump (101) configured to discharge an oil; a cooling oil passage (202, 210) configured to supply the oil to the electric motor (MG1, MG2) for cooling the electric motor (MG1, MG2); a lubricating oil passage (205, 220) configured to supply the oil to the power transmission device (5, 8, 9, etc.) for lubricating the power transmission device (5, 8, 9, etc.); a branch portion (between 201 and 202) configured to distribute the oil between the cooling oil passage (202, 210) and the lubricating oil passage (205, 220); an oil cooler (103) provided in the cooling oil passage (202, 210); and a control valve (102) which is provided in the branch portion and which is configured to make a ratio of a flow rate of the oil distributed to the lubricating oil passage (205, 220) higher when a temperature of the oil is low than when the temperature of the oil is high (see paragraphs [0054-0055]). Regarding claim 6, TOKOZAKURA discloses the control valve (102), which is provided in the branch portion configured to distribute the oil between the cooling oil passage (202, 210) and the lubricating oil passage (205, 220), is configured to control the ratio of the flow rate of the oil distributed to the lubricating oil passage (205, 220), relative to a flow rate of the oil distributed to the cooling oil passage (202, 210). Regarding claim 7, TOKOZAKURA discloses the control valve (102), which is provided in the branch portion configured to distribute the oil between the cooling oil passage (202, 210) and the lubricating oil passage (205, 220), is configured to allow a first portion of the oil to flow to the lubricating oil passage (205, 220) at a same time that a second portion of the oil flows to the cooling oil passage (202, 210) . Claim Rejections - 35 USC § 103 07-22-aia AIA Claim (s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over TOKOZAKURA et al. (US 2017/0144532 A1) as applied to claim s 1, 6, and 7 above, and further in view of NAKAMURA et al. (JP 2023-031159A) translation proved by US 12,013,026 . Regarding claim 2, TOKOZAKURA discloses the control valve (102) is to be opened and closed to control a flow rate of the oil distributed to an oil passage (202) between the branch portion (@102) and the oil cooler (103). TOKOZAKURA does not specifically disclose the control valve is fully closed or not fully opened when the temperature of the oil is not higher than a predetermined oil temperature value. NAKAMURA teaches the control valve (76) is fully closed or not fully opened when the temperature of the oil is not higher than a predetermined oil temperature value (“YES” at step SP3). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the control of the control valve of TOKOZAKURA such that it would be closed or not fully opened when the temperature of the oil is not higher than a predetermined oil temperature value, in view of the teachings of NAKAMURA , “ so that the lubricant is prevented from excessively cooled by the lubricant cooler, it is possible to increase the fuel economy performance by reducing the stirring loss that could be increased if the lubricant were excessively supplied to the rotary machines MG 1 , MG 2 .” NAKAMURA , col. 14, lines 41-45. Regarding claim 3, the combination of TOKOZAKURA- NAKAMURA discloses the control valve is fully opened when a temperature of the electric motor is higher than a predetermined motor temperature value (“NO” at SP2) . 07-22-aia AIA Claim (s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over TOKOZAKURA et al. (US 2017/0144532 A1) as applied to claim s 1, 6, and 7 above, and further in view of HARA et al. (US 6,201,365) and NAKAMURA et al. (JP 2023-031159A) translation proved by US 12,013,026 . Regarding claim 4, TOKOZAKURA discloses a casing (40) that houses a drive apparatus that includes the electric motor (MG1, MG2) and the power transmission device (5, 8, 9, etc.); a driving battery (22); an electric-power control apparatus (21) configured to control an electric power transmitted and received between the battery and the electric motor. TOKOZAKURA does not disclose the casing houses a mechanical-electrical integrated unit that is constituted by the drive apparatus and the electric-power control apparatus, wherein the electric-power control apparatus is disposed adjacent to and above the electric motor in a vertical direction of the electric vehicle, and wherein the cooling oil passage is configured to supply the oil to the electric motor via rotor shaft of the electric motor. HARA teaches the casing (10) houses a mechanical-electrical integrated unit that is constituted by the drive apparatus (M and P) and the electric-power control apparatus (U), wherein the electric-power control apparatus is disposed adjacent to and above the electric motor in a vertical direction of the electric vehicle (see Figs. And 8). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to have the casing of NAKAMURA house a mechanical-electrical integrated unit that is constituted by the drive apparatus and the electric-power control apparatus, wherein the electric-power control apparatus is disposed adjacent to and above the electric motor in a vertical direction of the electric vehicle, as taught by HARA , as it has been found that the rearrangement of parts only takes routine skill in the art. Also, one of ordinary skill would be motivated to rearrange parts of a drive train for packaging and weight distribution purposes, as the location of the components of a drivetrain is a matter of design choice. Regarding claim 5, the combination of TOKOZAKURA-NAKAMURA-HARA discloses the drive apparatus includes a second electric motor in addition to the electric motor as a first electric motor, wherein the second electric motor is connected to a drive wheel of the electric vehicle in a power transmittable manner, and is housed in the casing, wherein the cooling oil passage is configured to supply the oil to the second electric motor so as to cool the second electric motor, wherein the drive apparatus is disposed in the electric vehicle, such that a rotation axis of the first electric motor, a rotation axis of the second electric motor and a rotation axis of the power transmission device are parallel to a horizontal direction that is perpendicular to a longitudinal direction of the electric vehicle, and such that the rotation axis of the second electric motor and the rotation axis of the first electric motor are arranged in this order of description from above to below in the vertical direction, wherein the electric-power control apparatus includes a lower-side portion which is located in a position overlapping with an upper-side portion of the second electric motor as seen in the longitudinal direction and which is located above the first electric motor in the vertical direction, and wherein the cooling oil passage is configured to supply the oil to the second electric motor via an oil passage that is disposed adjacent to and above the second electric motor in the vertical direction. Response to Arguments Applicant’s arguments with respect to claim(s) 1-5 have been considered but are moot because of the new grounds of rejection. Conclusion 07-40 AIA 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. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DEREK D KNIGHT/Primary Examiner, Art Unit 3655 Application/Control Number: 18/595,536 Page 2 Art Unit: 3655 Application/Control Number: 18/595,536 Page 3 Art Unit: 3655 Application/Control Number: 18/595,536 Page 4 Art Unit: 3655 Application/Control Number: 18/595,536 Page 5 Art Unit: 3655 Application/Control Number: 18/595,536 Page 6 Art Unit: 3655
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