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 .
Information Disclosure Statement
The document DE 102005035238 was considered since it was properly cited on the IDS with a copy and translation supplied, however it appears DE 102005035328, cited on the German Search Report, was the intended document. U. S. Patent 7,540,823, which corresponds to DE 10 2005 035 328, has also been considered and is listed on the accompanying Notice of References Cited.
Drawings
The replacement sheet of drawings was received on 08 February 2024. These drawings are approved.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the all-wheel transfer gearbox claimed in claim 34 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Objections
Claim 24 is objected to because of the following informalities: in claim 24, line 2, “a second axis” should be --the second axis-- since the second axis was claimed in claim 23 (note that “the rotor axis of the first electric machine (EM1) is coaxial to a second axis (A2)” is redundant to the first two lines of claim 23 and may be deleted without changing the scope of the claims). Appropriate correction is required.
Claim Interpretation
In the claims, the term “connectable” is interpreted as including both a separable connection and a permanent connection, and both a direct connection and a connection established via further components, as described in the “With respect to…” paragraph on page 6 of the specification. The term “axially offset” is interpreted as meaning the axis of one component is offset from the axis of another component (not coaxial), as is used throughout the specification, rather than one component being offset relative to another component along a single axis.
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 20 and 21 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.
The scope of claim 20 is not clear because it is not clear if the claimed drive train may include only the three axes specifically claimed (a first axis (A1), a second axis (A2), a fourth axis (A4)), or if the drive train must include four axes as indicated by “fourth”.
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) 18-27, 31-33, and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaltenbach et al., DE 10 2018 217 861, a machine translation of the description of which is attached as an Office Action appendix.
Kaltenbach et al. shows drive train for a vehicle in figure 1.
An internal combustion engine VKM is coaxial to a first axis defined by the shaft AN.
The drive train comprises a first electric machine EM1.
The drive train comprises a second electric machine EM2 (pointed out as stator S and rotor R in the figure). The first electric machine EM1 has larger dimensions than the second electric machine EM2 ("Due to the integration of the second electric machine via the planetary stage, it only has to support a low torque, which means that it can be dimensioned smaller than the first electric machine." [0027]). The second electric machine EM2 is connectable to the internal combustion engine VKM via clutch K0. A rotor axis of the first electric machine EM1, defined by rotor shaft RW, is axially offset from a rotor axis of the second electric machine EM2, defined by drive shaft AnW.
A transmission arrangement G is connectable to a drive output S12, the first electric machine EM1 being connectable to the transmission arrangement G via spur gears S13 and S14.
(claim 18)
The rotor axis of the second electric machine EM2 is coaxial to the first axis (AN).
The rotor axis of the first electric machine (RW) is coaxial to a second axis.
The first axis (AN) is axially offset from the second axis (RW).
(claim 19)
The rotor axis of the first electric machine EM1 is coaxial to a second axis (RW).
[0036] discloses an alternative, “the second electric machine is either arranged coaxially to the drive shaft or offset from it.” In the case of the second electric machine being offset, the rotor axis of the second electric machine (AnW) is coaxial to a fourth axis, the fourth axis being axially offset from the first axis (AN) and the second axis (RW).
(claim 20, as best understood)
As disclosed in [0037], a rotor of the second electric machine EM2 is connectable to the internal combustion engine VKM via a flexible traction drive mechanism (“(a) traction drive can be either a belt drive or a chain drive”) or via multiple engaged gear wheels (“either a spur gear stage or a planetary gear stage”).
(claim 21)
A shaft AnW is coaxial to the first axis (AN).
The rotor axis of the first electric machine EM1 is coaxial to a second axis (RW).
The transmission arrangement G includes a first transmission input shaft EW2 and a second transmission input shaft EW1. [0034] discloses “(t)he first electric machine can be arranged either coaxially to the first input shaft…”, and so discloses an arrangement in which the first transmission input shaft EW2 and the second transmission input shaft EW1 are coaxial to the second axis (RW).
The second electric machine EM2 is connectable via the shaft AnW to the first transmission input shaft EW2 of the transmission arrangement, without a reversal of a direction of rotation from the shaft at the first transmission input shaft, in the case of the second electric machine EM2 being offset from the first axis (AN) as disclosed in [0036] and connected by a belt drive or chain drive as disclosed in [0037].
A rotor of the first electric machine EM1 is connectable to the second transmission input shaft EW1 of the transmission arrangement.
(claim 22)
The rotor axis of the first electric machine (RW) is coaxial to a second axis.
The transmission arrangement G has at least one countershaft VGW2 coaxial to a third axis, the third axis (VGW2) being axially offset from the first axis (AN) and the second axis (RW).
(claim 23)
The rotor axis of the first electric machine EM1 is coaxial to a second axis (RW).
[0036] discloses an alternative, “the second electric machine is either arranged coaxially to the drive shaft or offset from it.” In the case of the second electric machine being offset, the rotor axis of the second electric machine (AnW) is coaxial to a fourth axis, the fourth axis being axially offset from the first axis (AN) and the second axis (RW).
The third axis (VGW2) is axially offset from the fourth axis (AnW).
(claim 24)
[0010] discloses an arrangement in which “a connection point of the output shaft is designed to be coaxial with a connection point of the first drive shaft…so that the drive and output of the gearbox are located at opposite axial ends of the gearbox”, such that the drive output is coaxial to the first axis.
(claim 25)
The drive output S12 is coaxial to the third axis (VGW2) of the transmission arrangement.
(claim 26)
The transmission arrangement is a planetary transmission, with planetary stage PS.
(claim 27)
The first electric machine EM1 is a vehicle drive system ([0069] “in this gear E1 purely electric driving takes place via the first electric machine EM1”), and the second electric machine EM2 is at least one of a starter for the internal combustion engine ([0025] “(t)he second electric machine can thus be used to start the drive machine upstream of the gearbox”) or a generator ([0076] “by operating the second electric machine EM2…in a generator mode”).
(claim 31)
A torsional vibration damper is connected downstream from the internal combustion engine VKM ([0044] “a torsional vibration damper may also be provided between an internal combustion engine and the transmission”).
(claim 32)
A shaft AnW is coaxial to the first axis (AN).
The internal combustion engine VKM is decouplable via a shift element K0 from the shaft AnW.
(claim 33)
The drive train is oriented in a vehicle longitudinal direction. [0010] discloses a variation of the arrangement of the drive output for which, “(a) transmission designed in this way is suitable for use in a motor vehicle with a drive train aligned in the direction of travel of the motor vehicle.”
(claim 35)
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) 18, 19, 27, 28, 31, and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pei et al., CN 110303874, a machine translation of the description of which is attached as an Office Action appendix, in view of Sugiyama et al., U. S. Patent Application Publication 2007/0278029.
Pei et al. shows a drive train for a vehicle in figure 2, with “a schematic diagram of the transmission part” ([0037]) in figure 3.
An internal combustion engine 5 is coaxial to a first axis defined by the shaft of 6212.
The drive train comprises a first electric machine 64.
The drive train comprises a second electric machine 61. The first electric machine 64 is schematically shown in figure 2 as having larger dimensions than the second electric machine 61. The second electric machine 61 is connectable to the internal combustion engine 5. A rotor axis of the first electric machine 64, defined by the shaft 629, is axially offset from a rotor axis of the second electric machine 61, defined by the shaft 6215.
A transmission arrangement 62, shown in figure 3, is connectable to a drive output 627, the first electric machine 64 being connectable to the transmission arrangement 62.
(claim 18)
The rotor axis (6215) of the second electric machine 61 is coaxial to the first axis (6212).
The rotor axis (629) of the first electric machine 64 is coaxial to a second axis.
The first axis (6212) is axially offset from the second axis (629).
(claim 19)
The transmission arrangement 62 is a planetary transmission.
(claim 27)
The rotor axis of the first electric machine 64 is coaxial to a second axis (629).
The planetary transmission, with planetary gears 6223, and the drive output 627 are coaxial to the second axis (629), the second axis (629) being axially offset from the first axis (6212).
(claim 28)
The first electric machine 64 is a vehicle drive system ([0036] “The second motor 64 can generate power in motor mode and transmit it to the wheels through the transmission part 62 and the differential 63.”), and the second electric machine 61 is at least one of a starter for the internal combustion engine 5 or a generator ([0036] “The first motor 61 can start the internal combustion engine 5 in electric motor mode and receive power from the internal combustion engine 5 in generator mode.”).
(claim 31)
Pei et al. shows the first electric machine 64, which transmits power to the wheels in a motor mode ([0036]), as having larger dimensions than the second electric machine 61, which starts the engine in motor mode and is driven by the engine in generator mode ([0036]), in figure 2, but figure 2 is “a schematic diagram” and the first electric machine is not otherwise disclosed as being larger than the second electric machine. Pei et al. also does not disclose a torsional vibration damper connected downstream from the internal combustion engine.
Sugiyama et al. shows in figure 1 a drive train 10 similar to that of Pei et al., in that it includes an internal combustion engine 12, a first electric machine MG2, and a second electric machine MG1, the second electric machine MG1 being connectable to the internal combustion engine 12. A transmission arrangement 14/26 is connectable to a drive output, the first electric machine being connectable to the transmission arrangement (claim 18).
The first electric machine MG2, “used mainly as a drive motor which is used as a driving source for the vehicle” ([0018]), has larger dimensions than the second electric machine MG1, which may be “mainly used as a generator” and may be used for starting the engine ([0018]).
(claim 18)
A torsional vibration damper 66 is connected downstream from the internal combustion engine 5.
(claim 32)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the first electric machine of Pei et al. larger than the second electric machine in view of Sugiyama et al., because the first electric machine as a vehicle drive source requires a larger amount of torque than the second electric machine as a generator and engine starter (Sugiyama et al., col. 1 of page 2, lines 2-3), and making the second electric machine smaller saves on weight and required installation space.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a torsional vibration damper connected downstream of the internal combustion engine of Pei et al. in view of Sugiyama et al. because such a damper “reduces vibration produced in the drive system by absorbing return vibration caused by torque fluctuation while the engine is being driven” (Sugiyama et al. [0005]).
Claim(s) 18, 19, 27, 30, 31, and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kojima et al., CA 02704804 in view of Kaltenbach et al.
Kojima et al. shows a drive train for a vehicle in figure 5.
An internal combustion engine 1 is coaxial to a first axis defined by shaft 2.
The drive train comprises a first electric machine MG2.
The drive train comprises a second electric machine MG1. The second electric machine MG1 is connectable to the internal combustion engine 1. A rotor axis of the first electric machine MG2, defined by rotor 14, is axially offset from a rotor axis of the second electric machine MG1, defined by rotor 10.
A transmission arrangement 101 is connectable to a drive output 17, the first electric machine MG2 being connectable to the transmission arrangement 101.
(claim 18)
The rotor axis (10) of the second electric machine MG1 is coaxial to the first axis (2).
The rotor axis of the first electric machine MG2 is coaxial to a second axis (14).
The first axis (2) is axially offset from the second axis (14).
(claim 19)
The transmission arrangement 101 is a planetary transmission (fig. 7).
(claim 27)
The second electric machine MG1 is axially closer to the internal combustion engine 1 than the first electric machine MG2, and the first electric machine MG2 is axially closer to the internal combustion engine 1 than the transmission arrangement 101 (p. 10, lines 11-15).
(claim 30)
The first electric machine MG2 is a vehicle drive system, and the second electric machine MG1 is at least one of a starter for the internal combustion engine or a generator (“charging of the power storage system is carried out only by the MG1”) ([0011] lines 4-5).
(claim 31)
The drive train is oriented in a vehicle longitudinal direction, as shown in figure 5.
(claim 35)
Kojima et al. discloses the object of the invention is to improve “in particular, an imbalance in size between the engine and the second motor/generator” (the second motor/generator being the first electric machine MG1 as used herein; [0013] lines 2-7). [0039] discusses a comparison of the graphs in figures 3 and 9 of vehicle-speed vs. vehicle-axle-torque of the drive train without a transmission arrangement in figure 1 and of the drive train with a transmission arrangement in figure 5, respectively, where the regions B represent the torque “mainly generated by the internal combustion engine (or the internal combustion engine and the MG1 in some cases” and the regions C represent the torque “required to be obtained by the MG2”. From this description, it is understood that the first electric machine MG2 is relied upon for a larger torque output than the second electric machine MG1, but Kojima et al. is silent as to the relative dimensions of the electric machines and so does not disclose that the first electric machine has larger dimensions than the second electric machine.
Kaltenbach et al. discloses in figure 1 a drive train similar to that of Kojima et al., with an internal combustion engine VKM, a first electric machine EM1, a second electric machine EM2, and a transmission arrangement G, where a rotor axis of the first electric machine EM1, defined by rotor shaft RW, is axially offset from a rotor axis of the second electric machine EM2, defined by drive shaft AnW, the rotor axis (AnW) of the second electric machine EM2 is coaxial to the axis (AN) of the internal combustion engine, and the second electric machine EM2 is connected to the drive train through a planetary gearset PS.
The first electric machine EM1 has larger dimensions than the second electric machine EM2 ([0027] last three lines).
(claim 18)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the first electric machine of Kojima et al. of larger dimensions than the second electric machine in view of Kaltenbach et al., because “(d)ue to the integration of the second electric machine via the planetary stage, it only has to support a small torque, which means it can be dimensioned smaller than the first electric machine” ([0027] last three lines), which saves weight and conserves installation space in the vehicle.
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaltenbach et al. in view of Rinderknecht et al., DE 10 2005 049 992, a machine translation of the description of which is attached as an Office Action appendix.
Kaltenbach et al. discloses a drive train as discussed in the rejection of claim 18 above, but does not disclose an all-wheel transfer gearbox connected downstream from the drive output.
Rinderknecht et al. shows in figure 3 a drivetrain similar to that described [0036] of Kaltenbach et al., with an internal combustion engine 14 coaxial to a first axis defined by the shaft 48, a first electric machine 18’, and a second electric machine 20’. The second electric machine 20’ is connectable to the internal combustion engine 14 through clutch 46, a rotor axis (60) of the first electric machine 18’ is axially offset from a rotor axis (62) of the second electric machine 20’, and a transmission arrangement 16 is connectable to a drive output 54, the first electric machine 18’ being connectable to the transmission arrangement 16 (claim 18). The rotor axis of the first electric machine 18’ is coaxial to a second axis defined by shaft 60, and the rotor axis of the second electric machine 20’ is coaxial to a fourth axis defined by shaft 62, the fourth axis (62) being axially offset from the first axis (48) and the second axis (60) (claim 20). The transmission arrangement 16 has at least one countershaft ([0121] “unspecified intermediate shaft” shown toward the bottom of fig. 3) coaxial to a third axis, the third axis being axially offset from the first axis and the second axis (claim 23). The fourth axis (62) is axially offset from the first axis (48) and the second axis (60), and the third axis is axially offset from the fourth axis (62) (claim 24). A shaft 48 is coaxial to the first axis (48), and the internal combustion engine 14 is decouplable via a shift element 46 from the shaft 48 (claim 33). As shown in figure 1, the drive train is oriented in a vehicle longitudinal direction (claim 35).
An all-wheel drive transfer gearbox 24 is connected downstream from the drive output 54 ([0090]).
(claim 34)
It would have been obvious to one of ordinary skill of the art before the effective filing date of the claimed invention to include an all-wheel drive transfer gearbox downstream of the drive output of Kaltenbach et al. in view of Rinderknecht et al. to provide a more versatile vehicle that is capable of driving with better control on a variety of ground conditions.
Allowable Subject Matter
Claim 29 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Hao, U. S. Patent 11,046,167 shows a drive train in figure 1 similar to the drive train claimed in claim 29. The drive train comprises at least one spur gear stage 8,9/10/11, a rotor axis of a first electric machine EM1 coaxial to a second axis (16), and a transmission arrangement PG including a first transmission input shaft 13 and a second transmission input shaft (including gear 10). The first transmission input shaft 13 and the second transmission input shaft (10) are coaxial to the second axis (16). The transmission arrangement PG is a planetary transmission, and the planetary transmission and a drive output 20 are coaxial to a first axis (1) of an internal combustion engine ICE, the planetary transmission PG being connectable via the at least one spur gear stage 8,9/10/11 to the first transmission input shaft 13 and the second transmission input shaft (10). Hao is silent as to the relative dimensions of the first electric machine EM1 and a second electric machine EM2, but according to column 10, lines 14-42, it is the above discussed two input shaft and spur gear stages arrangement that makes the first electric machine EM1 usable to start the engine and operate as a generator. The prior art, such as Sugiyama et al., discloses it would be obvious for such an electric machine to be the smaller electric machine, which is contrary to the limitation “the first electric machine has larger dimensions than the second electric machine” of claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP H11-332018 (Nagamatsu) November 1999 - fig. 38 shows a drive train with a planetary transmission and a drive output coaxial with a first electric machine, which is offset from an internal combustion engine.
FR 2907381 (Buannec et al.) April 2008 - a planetary transmission is coaxial with a drive output and an electric machine, and offset from the axis of an internal combustion engine and another electric machine.
U. S. Patent 7,540,823 (Kilian et al.) June 2009 - corresponds to DE 10 2005 035 328.
U. S. Patent 8,469,127 (Tarasinski et al.) June 2013 - a transmission arrangement includes first and second input shafts, a planetary transmission of the transmission arrangement and a drive output are coaxial to an internal combustion engine, and the planetary transmission is connectable via at least one spur gear stage to the two input shafts. The two input shafts are not coaxial to a first electric machine.
DE 10 2018 205 140 (Kaltenbach et al.) October 2019 - "the first electric machine can provide most of the drive power, so that the second electric machine can basically be made smaller." The axis of the second electric machine is offset from that of the internal combustion engine, first electric machine, and countershaft, as required by claim 24.
DE 10 2018 217 849 (Kaltenbach et al.) April 2020 - a planetary transmission is coaxial with an internal combustion engine, and is connected to two input shafts via at least one spur gear stage. "It is particularly advantageous in this purely electrical load circuit that the second electrical machine EM2 less power is required on the sun gear than the first electrical machine EM1 on the ring gear so that the second electrical machine EM2 can be dimensioned smaller than the first electrical machine EM1 ."
DE 10 2020 100 605 (Lehmann et al.) July 2021 - "With 2 is a variant too 1 shown, again with a longitudinal installation of the internal combustion engine 3, but with front-wheel drive, with the option of keeping the cardan shaft 23 and the rear differential 12th four-wheel drive is also implemented. For the front-wheel drive, the torque is transferred to another shaft (intermediate shaft 20th) on the differential 13th transfer."
U. S. Patent Application Publication 2022/0153123 (Beck et al.) May 2022 - "the longitudinal axes of the electric machines are preferably aligned in parallel, although offset with respect to the input shafts as well as to the output shaft."; " The second electric machine can be dimensioned smaller, if necessary, than the first electric machine, since the second electric machine preferably does not need to perform essential driving functions."
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHERRY LYNN ESTREMSKY whose telephone number is (571)272-7090. The examiner can normally be reached M-F 8:30am-4:30pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
SLE
/SHERRY L ESTREMSKY/Primary Examiner, Art Unit 3655