DETAILED ACTION
The following is a first action on the merits of application serial no. 18/615872 filed 3/25/2024.
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 .
Information Disclosure Statement
The information disclosure statement filed 3/25/24 has been considered. However, per 37 CFR 1.98(a)(2), a legible copy of DE 102021111060 is missing and has not been considered.
Specification
The disclosure is objected to because of the following informalities:
-On page 2, paragraph [0012], either the term “shows” or “illustrates” should be deleted to correct grammar.
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 2 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.
Claim 2 recites the limitation "the shaft of the first electric motor". There is insufficient antecedent basis for this limitation in the claim, examiner suggest applicant change “the shaft” to “a shaft”.
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.
Claim(s) 1-4, 7-12, 14, 15-17, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Dingenen et al 20210379978. As to claim 1, Van Dingenen discloses a system, comprising: a first electric motor (2) configured to provide a first power to a power take-off (40) and a drive axle (30a) via a first two-speed gear arrangement (20); a second electric motor (1) configured to provide a second power to the drive axle via a second two-speed gear arrangement (10); and a controller ([0021], well known in the art to have instructions stored in non-transitory memory) including computer-readable instructions stored on non-transitory memory thereof that when executed enable the controller to: adjust the first power of the first electric motor based on the second power (Figures 4, 5; [0055]).
As to claim 2, wherein the PTO is permanently coupled to the shaft (23) of the first electric motor.
As to claim 3, wherein the PTO is permanently coupled to a gear (26) of the first two-speed gear arrangement.
As to claim 4, wherein the PTO drives a pump of a hydraulic circuit ([0015]).
As to claim 7, wherein the PTO is coupled to only the first electric motor (as shown in Figure 2).
As to claim 8, Van Dingenen discloses drivetrain, comprising: a first electric motor (2) configured to provide a first power to a power take-off (40) and to a drive axle (30a) via a first two-speed gear arrangement (20), wherein a first clutch (21a, 22a) is configured to engage or disengage the first two-speed gear arrangement from the first electric motor; a second electric motor (1) configured to provide a second power to the drive axle via a second two-speed gear arrangement (10), wherein a second clutch (11a, 12a) is configured to engage or disengage the second two-speed gear arrangement from the second electric motor; and a controller including computer-readable instructions stored on non-transitory memory thereof that when executed enable the controller to: adjust the first power of the first electric motor based on operation of a vehicle comprising the drivetrain (Figures 4, 5; [0055]).
As to claim 9, wherein the first clutch and the second clutch are dog clutches ([0014]).
As to claim 10, wherein reduction ratios of the first two-speed gear arrangement are identical to reduction ratios of the second two-speed gear arrangement ([0048], lines 1-7).
As to claim 11, wherein the PTO is coupled to a PTO shaft (23 can also be considered shaft of 40), wherein a PTO gear is meshed with the PTO shaft (26 can also be considered gear of 40) and a gear (27) of the first two-speed gear arrangement.
As to claim 12, wherein the PTO drives a pump of a hydraulic circuit ([0015]).
As to claim 14, wherein the drive axle is coupled to wheels of an off-highway vehicle ([0029], lines 11-13).
As to claim 15, wherein the first power delivered by the first motor and the second power delivered by the second motor are equal percentages of the total power of the first electric motor and of the second electric motor, respectively (as shown in Figures 4 and 5, via 75, 85).
As to claim 16, Van Dingenen discloses a system of a vehicle, comprising: a first electric motor (2) configured to provide a first power to a power take-off (40) and a drive axle (30a) via a first two-speed gear arrangement (20), wherein a first clutch (21a, 22a) is configured to engage or disengage the first two-speed gear arrangement from the first electric motor; a second electric motor (1) configured to provide a second power to the drive axle via a second two-speed gear arrangement (10), wherein a second clutch (11a, 12a) is configured to engage or disengage the second two-speed gear arrangement from the second electric motor; a hydraulic circuit comprising a pump coupled to the PTO ([0015]); and a controller including computer-readable instructions stored on non-transitory memory thereof that when executed enable the controller to: adjust the first power of the first electric motor based on operation of the vehicle (as shown in Figures 4 and 5, via 75, 85).
As to claim 17, wherein each shaft of the system is parallel and not coaxial to all the other shafts of the system (as shown in Figure 2).
As to claim 19, wherein the first electric motor supplies power to the PTO during all active operating conditions of the first electric motor ([0040], lines 13-18, via direct connection to shaft 23).
As to claim 20, wherein the pump is configured to adjust a pressure of the hydraulic circuit ([0015]).
Claim(s) 1, 6-9, 14, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2023139228 (with machine translation). As to claim 1, WO discloses a system, comprising: a first electric motor (EM2) configured to provide a first power to a power take-off (60) and a drive axle (18) via a first two-speed gear arrangement (ST4, ST2); a second electric motor (EM1) configured to provide a second power to the drive axle via a second two-speed gear arrangement (ST5, ST3, ST1); and a controller (page 9, lines 19-21 in translation) including computer-readable instructions stored on non-transitory memory thereof that when executed enable the controller to: adjust the first power of the first electric motor based on the second power (page 12, lines 1-29 in translation).
As to claim 6, wherein the first electric motor and the second electric motor are identical (page 11, line 40).
As to claim 7, wherein the PTO is coupled to only the first electric motor (as shown in Figure 11, via S4).
As to claim 8, WO discloses drivetrain, comprising: a first electric motor (EM2) configured to provide a first power to a power take-off (60) and to a drive axle (18) via a first two-speed gear arrangement (ST4, ST2), wherein a first clutch (S2) is configured to engage or disengage the first two-speed gear arrangement from the first electric motor; a second electric motor (EM1) configured to provide a second power to the drive axle via a second two-speed gear arrangement (ST5, ST3, ST1), wherein a second clutch (S3, S1) is configured to engage or disengage the second two-speed gear arrangement from the second electric motor; and a controller including computer-readable instructions stored on non-transitory memory thereof that when executed enable the controller to: adjust the first power of the first electric motor based on operation of a vehicle comprising the drivetrain (page 12, lines 1-29 in translation).
As to claim 9, wherein the first clutch and the second clutch are dog clutches (page 3, lines 37-38 describes form-fit switching elements which is known in the art to include dog clutches).
As to claim 14, wherein the drive axle is coupled to wheels of an off-highway vehicle (abstract describes work vehicles which is well known in the art to include off-highway vehicles).
As to claim 15, wherein the first power delivered by the first motor and the second power delivered by the second motor are equal percentages of the total power of the first electric motor and of the second electric motor, respectively (page 11, lines 1-2)
Claim Rejections - 35 USC § 103
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 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) 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Dingenen in view of Futahashi et al 20110056755. Van Dingenen discloses a hydraulic circuit via a pump ([0015]), but doesn’t disclose that an accumulator is part of the circuit as recited.
Futahashi discloses a hybrid drive system having an electric motor (24) driving a power take off and shows that it is well known in the art for the power take off to include a hydraulic circuit having a pump (27), a pressure accumulator (Figure 4, 71) and an actuator (42) configured to operate an accessory device (43).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide Van Dingenen’s hydraulic circuit with a pressure accumulator and actuator to operate an accessory device in view of Futahashi to improve energy efficiency by storing excess energy and releasing it as needed and provide power to other vehicle components which helps to reduce load on electric system (i.e., battery).
Claim(s) 6 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Dingenen in view of WO 2023139228 (with machine translation). Van Dingenen discloses a first and second electric motor, but doesn’t explicitly disclose the motors as identical and further discloses a first and second two speed gear arrangement, but doesn’t explicitly disclose the arrangements as helix or spur gears (note: the use of the term “or” indicates that the limitations preceding or following the term need not be met entirely and that the limitations are alternative embodiments).
WO discloses a system, comprising: a first electric motor (EM2) configured to provide a first power to a power take-off (60) and a drive axle (18) via a first two-speed gear arrangement (ST4, ST2); a second electric motor (EM1) configured to provide a second power to the drive axle via a second two-speed gear arrangement (ST5, ST3, ST1). WO shows that it is well known in the art to provide the first and second motors as identical (page 11, line 40) and the first and second gear arrangements in the form of spur gears (page 5, lines 1-10).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide Van Dingenen’s first and second motors as identical in view of WO to provide simple load sharing in normal operation which increases operating efficiency of system.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide Van Dingenen’s first and second gear arrangements in the form of spur gears in view of WO to provide efficient transmitting mechanical motion between shafts due to their simple design which further reduces manufacturing cost of system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Seeman et al 20220032755 (Figure 5) and DE 102018215920 (Figures 1 and 2) meets the limitations of at least claims 1 and 8 as recited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna M Momper can be reached at 571-270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 March 5, 2026