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 .
Status of Claims
This is the first action on the merits for application 18617392 filed on 3/26/2024. Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/26/2024 has been considered by the examiner.
Claim Interpretation
The term “braking mechanism” in various claim is interpret in light of the specification . As braking mechanism (400) from the specification is not traditional brake, instead braking mechanism (400) creates friction and reduce rotational speed difference between high and low gear (see ¶[0032]). Thereof, examiner interprets the term “braking mechanism” as mechanism that creates friction and reduce rotational speed difference between high and low gear.
Drawings
The drawings are objected to because reference numeral 407 designates as protrusion of output shaft; however, in Fig.4a, reference numeral 407 does not point at any protrusion portion of output shaft 404. Instead , reference numeral 407 appear to point bearing.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 18-20 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.
Claim 18 recites “engaging the low speed gearset by locking the shifting sleeve with the low speed gearset.” While previous limitation of claim 18 recites “in response to a request to shift the clutch to a high gear mode, moving the shifting sleeve of the clutch toward the high speed gearset”. Thus it is unclear or inconsistent as how to engage a low speed gearset in response to a request to shift the clutch to a high gear mode.
Claims 19-20 are also rejected due to their dependency from claim 18.
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)(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) 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KALTENBACH (US 20160017968 A1)
KALTENBACH discloses:
Claim 17: A method (Fig.2), comprising:
in response to a request to shift a clutch (5) to a low gear mode (shift to A position, ¶[0034] confirms downshift is applied in the similar principle as upshift that describes in ¶[0030]), moving a shifting sleeve of the clutch (sleeve portion of 5) towards a low speed gearset (i1) and away from a high speed gearset (i2);
activating a braking mechanism (6) to reduce a rotational speed difference between gears of the high speed gearset (i2) and the low speed gearset (i1) (¶0034] and [0030]: “shifting element 6 enable a rotational speed adaptation or rotational speed synchronization by the frictional shifting element 6, until the shifting element 6 has closed”);
deactivating the braking mechanism (6 is opened, see ¶[0030]); and
engaging the low speed gearset (i1) by locking the shifting sleeve (sleeve of 5) with the low speed gearset (i1/A position) (¶030] and [0034]).
Claim 18: The method of claim 17, wherein the method further comprises: in response to a request to shift the clutch (5) to a high gear mode (shift to B position, see ¶[0030]), moving the shifting sleeve of the clutch towards the high speed gearset (i2) and away from the low speed gearset (i1);
activating the braking mechanism (6) to reduce a rotational speed difference between gears of the high speed gearset and the low speed gearset (¶[0030]);
deactivating the braking mechanism (6 is opened, see ¶[0031]);
and engaging the low speed gearset by locking the shifting sleeve with the low speed gearset (examiner interprets the underline limitation as engaging high speed gearset (i2) by locking shifting sleeve with high speed gearset ((i2); ¶[0030]: “the interlocking shifting element 5 can be moved to shift position B and the frictional shifting element 6 can be opened slowly”)
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) 11, 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over KALTENBACH (US 20160017968 A1) in view of Sporleder (US 20110214522 A1 cited from IDS)
Claim 11: KALTENBACH discloses a gearbox (Fig.4) , comprising:
a high speed gearset (i2) comprising a first high gear (10) and a second high gear (8);
a low speed gearset (i1) comprising a first low gear (9) and a second low gear (7);
an input shaft (2), wherein the first high gear (10) and the second high gear (8) are radially arranged about and rotationally coupled to the input shaft (2);
an output shaft (3), wherein the second high gear (9) and the second low gear (7) are radially arranged about the output shaft (3);
a clutch (5) configured to engage either the high speed gearset (i1) or the low speed gearset (i2) by rotationally coupling the second high gear (8) or the second low gear (7), respectively, with the output shaft (3),
the clutch (5) comprising a shifting sleeve (sleeve portion of 5) and a braking mechanism (6) is activated when neither the high speed gearset or the low speed gearset are engaged (¶[0030]: “interlocking shifting element 5 is moved from its shift position A to the neutral position in order to enable a rotational speed adaptation or rotational speed synchronization by the frictional shifting element 6, until the shifting element 6 has closed”.).
KALTENBACH does not disclose shifting sleeve including a first groove and a second groove, and a detent, wherein the low speed gearset is engaged when the first groove receives the detent, the high speed gearset is engaged when the second groove receives the detent.
Sporleder teaches a shift mechanism (Fig.2) having a shift sleeve (25) including a first groove (28) and a second groove (27), and a detent (18), wherein a left gear (5) is engaged when the first groove (28) receives the detent (18), a right gear (6) is engaged when the second groove (27) receives the detent (18).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the shift element (5) from KALTENBACH with shift mechanism with sleeve (25- Sporleder) with detent (18 Sporleder) as taught by Sporleder in order to provide precise sleeve position, and reduce disengagement resistance (¶[0024] of Sporleder)
Claim 13: KALTENBACH as modified by Sporleder discloses the gearbox of claim 11, wherein the braking mechanism (6- KALTENBACH) reduces a difference in rotational speed of the second high gear and the second low gear (¶[0030]).
Claim 14: KALTENBACH as modified by Sporleder discloses the gearbox of claim 11, wherein the braking mechanism (6-KALTENBACH) is actuated by axial movement of the shifting sleeve (25-Sporleder) (¶[0030]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over KALTENBACH (US 20160017968 A1) in view of Sporleder (US 20110214522 A1 cited from IDS) and further in view of LETSINGER (US 2410511 A)
Claim 12: KALTENBACH as modified by Sporleder discloses the gearbox of claim 11, wherein the shifting sleeve (25-Sporleder) has a first protruding portion (30-Sporleder) having teeth adapted to mesh with teeth (23-Sporleder) of the second high gear when the high speed gearset is engaged, a second protruding portion (26-Sporleder) having teeth, and a third protruding portion (29-Sporleder) having teeth adapted to mesh with teeth (23-Sporleder) of the second low gear when the low speed gearset is engaged.
KALTENBACH as modified by Sporleder does not clearly disclose a second protruding portion having teeth adapt to mesh with teeth of the output shaft.
LETSINGER teaches a synchronizer mechanism (Fig.1) having shift sleeve (31) with a protruding portion having teeth (32) adapt to mesh with teeth (30) of the output shaft (15.)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the teeth shift sleeve adapt to mesh with teeth of output shaft as taught by Sailler in the modified device of KALTENBACH in order to provide more robust and axially compact connection, reduce number of parts between sleeve and shaft.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over KALTENBACH (US 20160017968 A1) in view of Sporleder (US 20110214522 A1 cited from IDS) and further in view of Schneider (US 8418575)
Claim 15: KALTENBACH as modified by Sporleder does not disclose wherein the braking mechanism reduces a difference in rotational speed of the input shaft until the input shaft is rotationally stationary.
Schneider teaches shifting a neutral state of transmission (see abstract) having shift couplings of the transmission are used to exert a braking action on the transmission input shaft in opposition to the drag torque. When the vehicle is stationary, the transmission input shaft is braked down to zero rpm's by the inventive synchronization of the minimum of one shift coupling (see col.4, lines 28-32).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize teaching of reducing a difference in rotational speed of the input shaft until the input shaft is rotationally stationary as taught by Schneider in brake mechanism from the modified device of KALTENBACH in order to prevent a loss of driving comfort, improve safety and reduce synchronization time.
Claim 16: KALTENBACH as modified by Sporleder does not disclose wherein the clutch is adapted to shift when the output shaft is rotationally stationary.
Schneider teaches shifting a neutral state of transmission (see abstract) having
shift couplings of the transmission are used to exert a braking action on the transmission input shaft in opposition to the drag torque. When the vehicle is stationary, the transmission input shaft is braked down to zero rpm's by the inventive synchronization of the minimum of one shift coupling (see col.4, lines 28-32 confirms that “vehicle is stationary”, the output shaft is rotationally stationary as well. )
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of shifting when the output shaft is rotationally stationary as taught Buck in shifting the clutch from the modified device of KALTENBACH in order to provide smoother and quiet shifting transition, prevent a loss of driving comfort.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over KALTENBACH (US 20160017968 A1) in view of Schneider (US 8418575)
Claim 19: KALTENBACH does not disclose wherein activating the braking mechanism results in the high speed gearset and the low speed gearset being rotationally stationary prior to engaging.
Schneider teaches shifting a neutral state of transmission (see abstract) having
shift couplings of the transmission are used to exert a braking action on the transmission input shaft in opposition to the drag torque. When the vehicle is stationary, the transmission input shaft is braked down to zero rpm's by the inventive synchronization of the minimum of one shift coupling (see col.4, lines 28-32 confirms that when vehicle is stationary the input and output are not rotating).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the teaching of engaging the clutches while vehicle is stationary as taught by Schneider in activating brake mechanism of KALTENBACH results in high and low speed gearset being rotationally stationary prior to engage in order to provide smoother and quiet shifting transition.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over KALTENBACH (US 20160017968 A1) in view of Matsui (US 20170284538 A1)
Claim 20: KALTENBACH does not disclose wherein the request to shift the clutch is sent by a controller communicatively coupled to a shifting fork that actuates the shifting sleeve.
Matsui teaches a shift control apparatus (see abstract) having a controller (74; Fig.1) request to shift a clutch (60) is sent by a controller (74) communicatively coupled (via command signal and sensors) to a shifting fork (60e) that actuates shifting sleeve (60g) (¶[0093]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a controller (74) and shifting fork (60e) as taught by Matsui in the system of KALTENBACH for purpose of more reliable fast and safe engagement of shifting element in all conditions.
Allowable Subject Matter
Claims 1-10 are allowed.
The following is an examiner’s statement of reasons for allowance:
The prior art of record alone or in combination neither discloses nor renders obvious a clutch; specifically, “a first axially aligned piston and a second axially aligned piston adapted to actuate a first brake plate and a second brake plate, respectively, when the shifting sleeve is in an intermediate position between the high speed position and the low speed position.” And in combination with the remaining structure of claim 1.
The closest prior art HIRAIWA (US 20160312838) discloses shift sleeve 20, detent 24 contacts two ring 22 but rings 22 does not actuate 16, 18. Base on applicant’s specification, the term “actuate” in various paragraph means apply force to move something (see ¶[0024]). Kim (US 20200340538 A1) discloses blocks PS1 and ps2 however the two blocks slid along the slanted surface and move radially relative to the hub, OR1 and OR2 contacts with surface of PS1 and PS2. Furthermore, there is no reasons or disclosure from prior art that would led one skills in the art to modify any structure to cause 16 and 18 actuate when sleeve is in intermediate position. Furthermore, there is no reasons or disclosure from prior art that would led one skills in the art to modify any structure to cause 16 and 18 actuate when sleeve is in intermediate position.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
MARUYAMA (US 20100025176 A1) discloses the sleeve 62 is in the neutral position 62, the sleeve engagement teeth 61 engage with neither the synchronizer ring engagement teeth 52 nor the gear engagement teeth 43
Sailler (US 5862900 A) discloses synchronizer mechanism with sleeve having teeth.
Rebholz (US 7163094 B2) discloses sliding sleeve 6 can be hydraulically actuated by means of an actuating piston 10; the idler wheel 2 to be shifted is clamped between two disk elements 4, 5.
INUI (EP 0272103 A2) discloses synchronizer ring 13 is maintained in the neutral position by engagement with the key elements 14 at its first internal radial projections 13b under the biasing force of spring 15 to restrict axial movement of the synchronizer ring 13 when the clutch sleeve 12 is shifted leftwards and that the annular spring 15 is compressed radially inwardly in shifting operation of the clutch sleeve 12 to permit axial movement of the synchronizer ring 13.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lillian T Nguyen whose telephone number is (571)270-5404. The examiner can normally be reached Monday-Friday, 8:30am-5pm.
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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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/LILLIAN T NGUYEN/ Examiner, Art Unit 3655A
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