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 .
This is the first action on the merits for application 18/640,238. Responsive to the preliminary amendment filed 7/17/2024, Claims 1-7 are currently pending in this application.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 4/19/2024 and 11/27/2024 have been considered by the examiner.
Claim Objections
Claim 7 is objected to because of the following informalities: line 2, “an electric motor power train” should be changed to - -the electric motor power train- - for claim consistency (see, for reference, Claim 1, line 1, “An electric motor power train”). Appropriate correction is required.
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 and 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 5826037 B2. Note, English language references to JP 5826037 B2 in this action correspond to Applicant’s supplied English language translation provided with the IDS dated 11/27/2024.
Regarding Claim 1, JP 5826037 B2 discloses an electric motor power train (see Figs. 1, 4 and 5) for transmitting motive power to driving wheels (2(R)) of a vehicle, the electric motor power train comprising: a main motor (17); a power take-off (PTO) motor (21); a PTO shaft (4) configured to transmit an output of the PTO motor to a PTO device; a transmission (17a; 21a) configured to receive an output of the main motor and the output of the PTO motor; drive shafts (unlabeled drive shafts shown in Fig. 4) coupled to the respective driving wheels; a differential device (52) configured to transmit an output of the transmission to the drive shafts; and a motive power transmission switching device (53) configured to switch a state of transmission of the output of the PTO motor to the transmission (Figs. 5a and 5b).
Regarding Claim 2, JP 5826037 B2 discloses the motive power transmission switching device comprises: a switching clutch (53); and an operation section (indicated by Figs. 5a and 5b) configured to set the switching clutch into a first state (Fig. 5b) or a second state (Fig. 5a), in the first state, the motive power transmission switching device allows the output of the PTO motor to be transmitted to the transmission (Fig. 5b), and in the second state, the motive power transmission switching device prevents the output of the PTO motor from being transmitted to the transmission (Fig. 5a).
Regarding Claim 3, JP 5826037 B2 discloses the operation section comprises a mechanical interlocking mechanism (53) configured to transmit an operation movement of a manual operation tool (paragraph [0029], “PTO lever”) to the switching clutch.
Regarding Claim 4, JP 5826037 B2 discloses the operation section comprises an electronic control mechanism (paragraph [0029], “control device 100”) configured to operate the switching clutch based on (i) an electric signal generated in response to a manual operation tool (paragraph [0029], “PTO lever”) being moved and (ii) a preinstalled program (paragraph [0029], “clutch switching control”).
Regarding Claim 6, JP 5826037 B2 discloses the motive power transmission switching device is a one-way clutch (Fig. 5b; (53); note, torque of 17 and 21 is combined in same direction only) coupled at a first end (radially outside portion of 53) to a first power transmission shaft (generally indicated at 17a) configured to transmit motive power from the main motor and at a second end (radially inside portion of 53) to a second power transmission shaft (generally indicated at 21a) configured to transmit motive power from the PTO motor.
Regarding Claim 7, JP 5826037 B2 discloses a utility vehicle (Fig. 1), comprising: an electric motor power train according to claim 1 (see detailed rejection of Claim 1 above).
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 5826037 B2.
Regarding Claim 5, JP 5826037 B2 discloses the electric motor power train according to claim 1, described in detail above, and further wherein the motive power transmission switching device comprises: a switching clutch (53) embodied as a two-state positively engaging clutch.
However, JP 5826037 B2 does not disclose an operation section configured to set the switching clutch into a first state, a second state, or a third state, in the first state, the motive power transmission switching device allows the output of the PTO motor to be transmitted to the transmission, in the second state, the motive power transmission switching device prevents the output of the PTO motor from being transmitted to the transmission, and in the third state, the motive power transmission switching device allows a portion of the output of the PTO motor to be transmitted to the transmission.
JP 5826037 B2 additionally discloses the use of a friction clutch (55) for connecting rotating shafts and which has a first state (fully engaged state), second state (fully disengaged state) and third state (slipping/partially-engaged state).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to replace the two-state positively engaging clutch 53 of JP 5826037 B2 with a three-state friction clutch, also disclosed by JP 5826037 B2, thereby providing an operation section configured to set the switching clutch into a first state, a second state, or a third state, in the first state, the motive power transmission switching device allows the output of the PTO motor to be transmitted to the transmission, in the second state, the motive power transmission switching device prevents the output of the PTO motor from being transmitted to the transmission, and in the third state, the motive power transmission switching device allows a portion of the output of the PTO motor to be transmitted to the transmission, since the simple substitution of one known clutch means for an equivalent other yields predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
GERTY et al. (US 2021/0260981 A1) discloses a PTO device with secondary motor (see ABSTRACT).
LANG et al. (US 2019/0289771 A1) discloses a power take-off transmission (see Fig. 2).
SINGH et al. (US 2019/0077259 A1) discloses an electric power take-off system (see ABSTRACT).
MIYAZAKI et al. (US 2010/0234172 A1) discloses a power transmission control apparatus (see Fig. 1).
AMBROSIO (US 2009/0018716 A1) discloses a hybrid drive system with power take off connection (see Fig. 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN YOUNG whose telephone number is (571)272-4781. The examiner can normally be reached Monday - Friday 10:00 am - 6:00 pm (CST).
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EDWIN YOUNG
Primary Examiner
Art Unit 3655
/Edwin A Young/Primary Examiner, Art Unit 3655