DETAILED ACTION
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 .
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 22-33 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.
Each of claims 23, 26, 27, and 33 recite “optionally or preferably” followed by additional limitations. It is unclear if those limitations which follow this phrase are positive limitations of the claim. For purposes of examination, these features are interpreted as not being a positive limitation of the claim since they are optional.
Each of claims 22-32 are dependent on claim 1 or 6 instead of claim 21 or 26. To provide compact prosecution, for purposes of examination, these claims are interpreted as being dependent on claim 21 or 26 as appropriate.
Claim 25 recites “the drive axis is one or more of: horizontally aligned with the power transmission axis along a front to back direction of the power machine….” Firstly, there is insufficient antecedent basis for the drive axis. Secondly, the horizontal alignment appears to be described in paragraph [00101] which refers to FIG. 7. This paragraph describes that the drive axes 489A, 489B are horizontally aligned with the power transmission axes 488A, 488B along the front to back direction 499 and further describes:
In other words, the first and second drive axes 489A, 489B both extend within a common horizontal plane with the first and second power transmission axes 488A, 488B. Still further, the first and second drive axes 489A, 489B are parallel with the respective first and second power transmission axes 488A, 488B. In other examples, however, other arrangements are possible for some or all of the noted axis alignments (or others).
It is unclear if the claim language requires alignment along the front to back direction, or if only horizontal alignment is required and the front to back direction to intended to defined the horizontal direction as described in paragraph [00101]. As such, the claim language, particular when read in light of the specification, is indefinite.
Claim 31 recites “wherein the first motor sub-assembly is secured within a frame cavity having a cavity width in a lateral direction; and wherein the reduction assembly is supported by the bearing carrier to define an installed lateral width of the first motor sub-assembly that is in a range between 40% of the cavity width and 48% of the cavity width, inclusive.” This feature is unclear. How is the installed width measured is this the entire width of the motor sun-assembly or some other measure? In addition, to what does the word “inclusive” modify?
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 21, 22, 25, 26, 27, 30, 33 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mizutani (US 2025/0074186; hereinafter “Mizutani”).
Claim 21
Mizutani discloses a power machine comprising:
a frame (1, 2 or other stationary components connected to housing 1, 2);
a power source (“non-illustrated battery” disclosed in paragraph [0018]) supported by the frame (4A, 4B or other stationary components connected to housing 4);
a first axle assembly (one of wheel assemblies connected to 13, 14) arranged on a first side of the frame; and
a first motor sub-assembly (e.g., 13 or 14, 21-23, 1 or 2) arranged along the first side of the frame to power the first axle assembly, the first motor sub-assembly including:
a bearing carrier (13 or 14) having an inboard side (respective side closer to vertical centerline in FIG. 1, i.e., right side of 13 or left side of 14), and an outboard side (left side of 13 or right side of 14) configured to be fixedly attached to a first side of a frame of the power machine to operably transmit rotational power to at least one tractive element of the power machine;
a reduction assembly (21, 22 and 23) having an outboard side (left side of left 21, 22 and 23; right side of right 21, 22 and 23 in FIG. 1) fixedly attached to the inboard side of the bearing carrier; and
an electric motor (1 or 2) having an inboard side (right side of 1; left side of 2) fixedly attached to the outboard side of the reduction assembly (at 21) to operably transmit the rotational power to the bearing carrier via the reduction assembly, with the electric motor (1 or 2) disposed laterally between the reduction assembly (21-23) and the first side (side of the frame that equates to whichever axle is used left or right) of the frame,
wherein:
the bearing carrier (13 or 14) is fixedly attached to and operably supported by the first side of the frame (4A for 13; 4B for 14) and operably engaged with the first axle assembly (see e.g., paragraph [0022]);
the reduction assembly (21, 22 and 23) is operably supported by the bearing carrier (13 or 14) relative to the frame, with the reduction assembly inboard of the bearing carrier (see FIG. 1) and operably engaged with the first bearing carrier to power the first axle assembly via the bearing carrier (see FIG. 1); and
the electric motor (1 or 2) is operably supported by the reduction assembly (21-23) relative to the bearing carrier (13 or 14), to be thereby supported by the bearing carrier relative to the frame, with the electric motor being: outboard of the reduction assembly, inboard of the first axle assembly (which is to the left in FIG. 1 for 13 and to the right in FIG. 1 for 14), and operably engaged with the reduction assembly to power the first axle assembly via the reduction assembly and the bearing carrier, using power from the power source.
Claim 22
Mizutani discloses wherein the reduction assembly is a gearbox providing a speed reduction for power transmission between the electric motor and the bearing carrier (see FIG. 1 and/or paragraph [0024]).
Claim 25
Mizutani discloses wherein, with the first motor sub-assembly secured to the frame of the power machine, the drive axis is one or more of: parallel with the power transmission axis.
Claim 26
Mizutani discloses a second axle assembly (other of wheel assemblies connected to 13 and 14, not chosen as the first axle assembly) arranged on a second side (side on which the chosen of 13 and 14 is located) of the frame that is laterally opposite the first side; and
a second motor sub-assembly (e.g., other of 13 or 14, 21-23, 1 or 2) arranged along the second side of the frame to power the second axle assembly (other of the wheel assemblies connected to other of 13 or 14), the second motor sub-assembly including:
a second bearing carrier (other of 13 or 14) configured to be fixedly attached to a second side of a frame and operably transmit engaged with the second axle assembly;
a second reduction assembly (21, 22 and 23) operatively supported by the second bearing carrier relative to the frame, with the second reduction assembly inboard of the second bearing carrier and operatively engaged with the second reduction assembly (21-23) to power the second axle assembly (wheel assembly connected to other of 13 and 14); and
a second electric motor (other of 1 or 2) operably supported by the second reduction assembly (21-23) relative to the second bearing carrier (other of 13 and 14), to be thereby supported by the second bearing carrier relative to the frame, with the second electric motor being: outboard of the second reduction assembly, inboard of the second axle assembly, and operably engaged with the second reduction assembly to power the second axle assembly via the second reduction assembly and second bearing carrier, using power from the power source.
Claim 27
Mizutani discloses wherein a power transmission axis of the bearing carrier is aligned with a power transmission axis of the second bearing carrier, relative to a front to back direction of the power machine, and optionally or preferably wherein a drive axis of the electric motor is aligned with a drive axis of the second electric motor along the front to back direction (see FIGS. 1 or 2 illustrating both bearing carriers (13 and 14) coaxial).
Claim 30
Mizutani discloses wherein the electric motor is one or more of: operably supported relative to the frame only by the bearing carrier, via the reduction assembly (see FIG. 1 illustrating the left end of 1A not supported).
Claim 33
Mizutani discloses a method of assembling a power machine, the method comprising:
securing a first motor sub-assembly (1 or 1B, 13, 21-23) on a first lateral side (left side in FIG. 1) of the power machine, to power one or more first tractive elements (wheels) on the first lateral side, including:
securing a first bearing carrier (13) to a first frame sidewall (4A) on the first lateral side of the power machine;
securing a first gearbox (left 21-23) to be cantilevered from the first bearing carrier (13) with the first gearbox (21-23) inboard (to the right in FIG. 1) of the first bearing carrier (13) and the first frame sidewall (4A); and
securing a first electric motor (1 or 1B) to be cantilevered from the first gearbox (see 1A not secured at its left side) with the first electric motor outboard (to the left in FIG. 1) of the first gearbox (21-23) and inboard of the first frame sidewall (4A) (see 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(s) 24, 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizutani in view of Sattler et al. (WO 2021/180499A1; hereinafter “Sattler”).
Claim 24
Mizutani discloses the first motor sub-assembly is secured to the frame but does not disclose a view that would illustrate the forward backward location of the motor relative to the transmission and therefore does not disclose wherein, with the first motor sub-assembly secured to the frame of the power machine, the electric motor is supported by the reduction assembly with a drive axis of the electric motor rearward of a power transmission axis of the bearing carrier. However, Sattler discloses wherein, the electric motor is rearward of the bearing carrier/axle (see e.g., FIG. 4 illustrating both a forward option and a rearward option). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Mizutani so that the motors were forward or rearward of the remainder of the structure, including the axles and associated bearing carriers since this is a design choice between known alternatives of options that yield predictable results. If the weight is desired to be moved forward or rearward, one method of achieving this would be to use a forward or rearward position of the motor for example. As so modified, the electric motor would be is supported by the reduction assembly with a drive axis of the electric motor rearward of a power transmission axis of the bearing carrier.
Claim 28
Mizutani does not disclose a view that would illustrate the forward backward location of the motor relative to the transmission and therefore does not disclose wherein the drive axis of the electric motor is offset one of forward or rearward from a drive axis of the second electric motor, relative to a front to back direction of the power machine. However, Sattler discloses wherein, the electric motor is rearward of the bearing carrier/axle (see e.g., FIG. 4 illustrating both a forward option and a rearward option). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Mizutani so that the motors were forward or rearward of the remainder of the structure, including the axles and associated bearing carriers since this is a design choice between known alternatives of options that yield predictable results. If the weight is desired to be moved forward or rearward, one method of achieving this would be to use a forward or rearward position of the motor for example. As so modified, the electric motor would be is supported by the reduction assembly with a drive axis of the electric motor rearward of a power transmission axis of the bearing carrier.
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizutani in view of Kalmbach et al. (DE 202019103770U1; hereinafter “Kalmbach”).
Claim 29
Mizutani does not idslcose wherein a drive axis of the electric motor is horizontally aligned with a power transmission axis of the bearing carrier and a drive axis of the second electric motor is horizontally aligned with a power transmission axis of the second bearing carrier. However, it is well known to provide the motor at the same horizontal plane as the output shaft, which is the bearing carrier in Mizutani. For example, Kalmbach discloses two motors (5, 7), a transmission (1) and two outputs (see FIG. 1) where the motors (along axis 29) are in the same horizontal plane as the transmission output shaft that go to the wheels (along axis 25) (see FIG. 2 and Abstract). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Mizutani to have moved the motors downward to align horizontally with the axle and output shafts/bearing carriers in order to provide more passenger compartment space and/or to lower the overall vehicle height.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizutani in view of Yu et al. (US 2022/0263383; hereinafter “Yu”).
Claim 32
Mizutani does not disclose wherein the electric motor includes a cooling loop, and a coolant inlet and a coolant outlet that are in communication with the cooling loop; and wherein, the first motor sub-assembly is secured to the frame of the power machine so that the reduction assembly supports the electric motor with the coolant inlet and the coolant outlet one or more of: opening rearwardly, relative to a front to back direction of the power machine; or being aligned below a top surface of the reduction assembly. However, Yu discloses wherein the electric motor (e.g., 2, 3) includes a cooling loop (e.g., 1), and a coolant inlet (7) and a coolant outlet (20) that are in communication with the cooling loop (1); and wherein, the first motor sub-assembly (inside gearbox housing 8) is secured to the frame of the power machine so that the reduction assembly supports the electric motor with the coolant inlet and the coolant outlet one or more of: being adjacent a top surface of the reduction assembly (installed inside of 8) and aligned by both being in a horizontal direction. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Mizutani to include a cooling assembly as taught by Yu including an inlet that is close to the top surface of the reduction assembly and the inlet being along the same direction as the top surface of the reducer assembly in order to cool both the reducer assembly and motor using the same cooling loop.
Allowable Subject Matter
Claims 23, 31 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.
With reference to claim 23, the prior art does not disclose or render obvious a power machine comprising the combination of features as recited including “wherein, as installed on the frame, the electric motor is cantilevered from the reduction assembly and the reduction assembly is cantilevered from the bearing carrier.” The combination of both of these features being cantilevered in the context of the overall combination is a non-obvious combination. In the prior art, one or the other of these elements is fully supported and therefore not cantilevered. It would not have been obvious to have modified this support in order to lower the overall support of the components.
As best understood, with reference to claim 31, the prior art does not recognize the ratio of the total width of the first motor sub-assembly relative to the frame width in which it is installed, and specifically in the range of 40-48%.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2002/0139597 discloses two motors, two reducer assemblies and an output where the motor is on the same side of the reducer as the output. US 2023/0089256 discloses that a power conversion system 324 connected to a drive source 322 can be cantilevered on that drive source in order to provide an improved weight distribution (see paragraph [0126]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM.
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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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/STACEY A FLUHART/ Primary Examiner, Art Unit 3655