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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/8/2025 has been entered.
Drawings
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 first wall extending through the first reservoir base must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawings show the first wall defining a side limit of the first reservoir and does not extend through it.
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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 3-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “a first wall extending through and projecting beyond the first reservoir base,” which is not clearly described in the original disclosure. The drawings show the first wall defining a side limit of the first reservoir and does not extend through it. Did applicant intend to say the first wall, or the channel wall, extending through the at least one oil collection region (where the oil collection region comprises a first reservoir and a second reservoir) instead of the first reservoir?
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) 1, 3, 12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alquist (US 1,220,811). Alquist discloses a transmission (fig. 1) comprising:
Re claim 1, a transmission housing (6,7) and at least one transmission gear (31) arranged in the transmission housing, wherein the at least one transmission gear is arranged at least partially in an oil sump (sump at 44) of the transmission (fig. 1), wherein the transmission comprises an oil-guiding channel component (42,43), wherein the oil-guiding channel component comprises a guide channel (43) comprising an inlet port (upstream end of the guide channel) and comprising an outlet port (downstream end of the guide channel), wherein the guide channel has an oil guidance direction (upward direction) from the inlet port to the outlet port and a channel wall (42) which is closed perpendicular to the oil guidance direction (fig. 1), wherein the oil-guiding channel component further comprises at least one oil collection region (41) for collecting oil guided through the guide channel, wherein the oil-guiding channel component comprises at least one drain (52) for oil from the at least one oil collection region, wherein the oil-guiding channel component is arranged in the transmission housing (fig. 1) such that, during operation, oil raised from the oil sump by the at least one transmission gear passes into the inlet port and along the oil guidance direction of the guide channel to the outlet port (the arrows in fig. 1 show this flow path), wherein the at least one oil collection region comprises a first reservoir (fig. 3: left 41), wherein the first reservoir comprises a first reservoir wall (wall of 7 defining 41) and a first reservoir base (fig. 1: bottom wall of 41) defining a bottom wall of the first reservoir, wherein the oil-guiding channel component is arranged in the transmission housing in a specified mounting state (mounting state shown in fig. 1), which defines an orientation of the oil-guiding channel component (fig. 1) in the transmission housing relative to a force of gravity such that the inlet port is positioned at an end face of the at least one transmission gear (radially outer end face of 31), which is arranged at least partially in the oil sump, the first reservoir base is positioned entirely above the at least one transmission gear (fig. 1 shows the base completely above 31), and the oil guidance direction from the inlet port to the outlet port extends counter to the force of gravity (fig. 1), wherein an end of the channel wall of the guide channel facing away from the inlet port forms a first wall (fig. 1: straight wall portion of 42 adjacent to 43) extending through and projecting beyond the first reservoir base of the first reservoir (fig. 1) and delimiting the outlet port such that oil emerging from the outlet port of the guide channel collects in the first reservoir (the arrows in fig. 1 show this flow path), draining in the direction of gravity (oil is drained downward towards 48 and 52).
Re claim 3, wherein the guide channel is straight (43 is a straight channel) and extends tangentially to an end face of the at least one transmission gear at least in a region (9 o’clock portion of 31) of the at least one transmission gear (fig. 1), and the inlet port is positioned in an immediate vicinity of the end face of the at least one transmission gear (fig. 1).
Re claim 12, wherein the transmission is a motor vehicle transmission (col 2 ln 41-57).
Re claim 14, wherein the first wall is above the first reservoir base (fig. 1) and another portion (curved portion below the first wall) of the channel wall is below the first reservoir base.
Claim(s) 1 and 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toumas (US 20110214947 A1). Toumas discloses a transmission (title) comprising:
Re claim 1, a transmission housing (47) and at least one transmission gear (50) arranged in the transmission housing, wherein the at least one transmission gear is arranged at least partially in an oil sump (49) of the transmission (fig. 1), wherein the transmission comprises an oil-guiding channel component (40), wherein the oil-guiding channel component comprises a guide channel (space defined inside of 51) comprising an inlet port (upstream end of the guide channel) and comprising an outlet port (downstream end of the guide channel), wherein the guide channel has an oil guidance direction (fig. 1: direction A) from the inlet port to the outlet port and a channel wall (walls of 51) which is closed perpendicular to the oil guidance direction (fig. 3), wherein the oil-guiding channel component further comprises at least one oil collection region (53,69) for collecting oil guided through the guide channel, wherein the oil-guiding channel component comprises at least one drain (71,72) for oil from the at least one oil collection region, wherein the oil-guiding channel component is arranged in the transmission housing (fig. 1) such that, during operation, oil raised from the oil sump by the at least one transmission gear passes into the inlet port and along the oil guidance direction of the guide channel to the outlet port (fig. 1: flow path A), wherein the at least one oil collection region comprises a first reservoir (53), wherein the first reservoir comprises a first reservoir wall (vertical side walls of 53) and a first reservoir base (floor of 53) defining a bottom wall of the first reservoir, wherein the oil-guiding channel component is arranged in the transmission housing in a specified mounting state (mounting state shown in fig. 1), which defines an orientation of the oil-guiding channel component (fig. 1) in the transmission housing relative to a force of gravity such that the inlet port is positioned at an end face of the at least one transmission gear (radially outer end face 48), which is arranged at least partially in the oil sump, the first reservoir base is positioned entirely above the at least one transmission gear (fig. 1 shows the base completely above 50), and the oil guidance direction from the inlet port to the outlet port extends counter to the force of gravity (fig. 1), wherein an end of the channel wall of the guide channel facing away from the inlet port forms a first wall (wall portion of 51 above 53) extending through and projecting beyond the first reservoir base of the first reservoir (fig. 1 shows the first wall extends from below to above 53) and delimiting the outlet port such that oil emerging from the outlet port of the guide channel collects in the first reservoir (oil being moved up through the channel would exit and collect in 53), draining in the direction of gravity (fig. 1).
Re claim 4, wherein the transmission comprises a drive shaft (52,54) and an output shaft (shaft of 50), wherein the output shaft can be driven by the at least one transmission gear (50), wherein a coupling element (35,36,37) is coupled to the at least one transmission gear (coupled to 50 via the gear train shown in fig. 7) such that the at least one transmission gear can be driven by the coupling element (when engaged the coupling element would transfer power from the drive shaft to the transmission gear), wherein a coupling device comprising a coupling element (35,36,37) is provided in the transmission, wherein the coupling element of the coupling device is coupled to the drive shaft in a rotationally fixed manner (fig. 7), wherein, by the coupling device, the coupling element can be coupled to and uncoupled from the coupling element in a rotationally fixed manner (par [0010]), and wherein the oil-guiding channel component comprises a first drain (44) which projects from the first reservoir wall above the first reservoir base and comprises a drain port (39), through which draining oil is guided to a bearing (4-9) of a pinion (gears from the pairs of 29-34 along with 66) rotatably mounted on the drive shaft and non-rotatably coupled to the coupling element (fig. 1 and fig. 7).
Re claim 5, wherein the drive shaft is configured as a hollow shaft comprising an axial bore (52 and 54 are shown with hollow passages therein), wherein the pinion meshes with the at least one transmission gear, wherein oil draining from the drain port of the first drain passes into the axial bore of the drive shaft and from there via at least one radial bore to the bearing (fig. 7 shows the shafts 52 and 54 having axial passages and radial passages for directing oil radially out towards the bearings).
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) 6-11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toumas (US 20110214947 A1) in view of Kira (US 2004/0154846 A1). Toumas discloses the transmission (as cited above):
Re claim 7, wherein the at least one oil collection region of the oil-guiding channel component comprises a second reservoir (69), wherein the second reservoir comprises a second reservoir wall (vertical side walls of 69) and a second reservoir base (floor of 69), wherein the second reservoir is connected to the first reservoir via a connection channel (narrow channel shown between 53 and 69), wherein a second drain (71) projects in a specified mounting direction above the second reservoir base from the second reservoir wall of the second reservoir and comprises an drain port (58), through which oil is guided in a direction of the at least one bearing of the rotor shaft (oil is guided downward by gravity towards the bearing of the shaft; the rotor shaft is taught below).
Re claim 8, wherein an edge of the first wall (51 is a top wall of the channel where oil is guided via the bottom surface thereof, the downstream end of the top wall being a first wall at the outlet) on a side facing the first reservoir is at a distance from the first reservoir base (distance shown in fig. 1), which is smaller than a distance between the edge of the first wall and the second reservoir base on a side facing the second reservoir (fig. 1 shows the edge of the first wall is closer to the first reservoir than the second reservoir base), and wherein, when the transmission gear (50) rotates, oil first enters the first reservoir before oil enters the second reservoir via the connection channel (fig. 1).
Toumas does not disclose:
Re claim 6, wherein the oil draining from the drain port of the first drain passes into a chamber, which is formed on a first housing component of the transmission housing and within which a baffle plate is arranged, wherein a channel section is formed centrally on the baffle plate, wherein the channel section engages in the axial bore of the drive shaft, wherein oil contained in the chamber drains via the baffle plate into the channel section and thus enters the axial bore of the drive shaft.
Re claim 7, wherein a rotor shaft of an electric machine mounted in at least one bearing in the transmission housing is provided, wherein the transmission comprises a drive shaft, wherein it is possible for the drive shaft to be driven by the rotor shaft.
Re claim 9, wherein the transmission housing comprises a first housing component having a first housing wall region and a second housing component, which is placed on the first housing component and comprises a second housing wall region, wherein a third housing wall region is provided in a support region of the first housing component and the second housing component, wherein the first housing wall region, the second housing wall region and the third housing wall region enclose an end of the at least one transmission gear facing away from the oil-guiding channel component in the oil sump on three sides.
Re claim 10, wherein a pump system is formed by the first housing wall region, the second housing wall region, the third housing wall region, the at least one transmission gear, and the guide channel, by which pump system oil is transported from the oil sump through the guide channel against the force of gravity to the outlet port of the guide channel when the at least one transmission gear rotates.
Re claim 11, wherein the at least one transmission gear is coupled in a rotationally fixed manner to a differential of the transmission, wherein a first output shaft and a second output shaft are coupled to the differential, wherein the first output shaft and the second output shaft are driven in a rotational manner by the differential.
Re claim 13, wherein the bearing is a nail bearing.
However, Kira teaches a transmission (fig. 2):
Re claim 6, wherein the oil draining from the drain port (12f) of the first drain passes into a chamber (12c), which is formed on a first housing component (12) of the transmission housing (14) and within which a baffle plate (fig. 2 shows a baffle plate the right of 12c forming an inlet to 31a) is arranged, wherein a channel section (central inlet of the baffle plate) is formed centrally on the baffle plate (fig. 2), wherein the channel section engages in the axial bore (31a) of the drive shaft (31), wherein oil contained in the chamber drains via the baffle plate into the channel section and thus enters the axial bore of the drive shaft (fig. 2 shows the flow path represented by arrows).
Re claim 7, wherein a rotor shaft (22) of an electric machine mounted in at least one bearing (20,21) in the transmission housing is provided, wherein the transmission comprises a drive shaft (31), wherein it is possible for the drive shaft to be driven by the rotor shaft.
Re claim 9, wherein the transmission housing (14) comprises a first housing component (12) having a first housing wall region (wall region of 12) and a second housing component (11), which is placed on the first housing component and comprises a second housing wall region (wall region of 11), wherein a third housing wall region (fig. 3: region above 11 and 12) is provided in a support region of the first housing component and the second housing component, wherein the first housing wall region, the second housing wall region and the third housing wall region enclose an end of the at least one transmission gear (39) facing away from the oil-guiding channel component in the oil sump on three sides (fig. 3).
Re claim 10, wherein a pump system is formed by the first housing wall region, the second housing wall region, the third housing wall region, the at least one transmission gear, and the guide channel (disclosed by Toumas above), by which pump system oil is transported from the oil sump through the guide channel against the force of gravity to the outlet port of the guide channel when the at least one transmission gear rotates (Toumas in view of Kira discloses the claimed structure thus would exhibit the claimed pumping effect).
Re claim 11, wherein the at least one transmission gear (39) is coupled in a rotationally fixed manner to a differential (38) of the transmission, wherein a first output shaft (5L) and a second output shaft (51R) are coupled to the differential, wherein the first output shaft and the second output shaft are driven in a rotational manner by the differential (fig. 3).
Re claim 13, wherein the bearing is a nail bearing (par [0038]).
Regarding claim 6, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ the baffle, as taught by Kira, to better guide the oil into the shaft.
Regarding claim 7, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ a rotor shaft, as taught by Kira, to drive the main shaft via electrical means. This may generate more torque and/or efficiency.
Regarding claim 9, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ housing components, as taught by Kira, to accumulate oil so that the transmission gear could easily splash the oil upward.
Regarding claim 11, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to couple the transmission gear to a differential, as taught by Kira, to transfer power to the wheels of the vehicle.
Regarding claim 13, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ needle bearings, as taught by Kira, to reduce the profile and take up less space in the transmission.
Response to Arguments
Applicant's arguments filed on 12/8/2025 have been fully considered but they are not persuasive.
In the Remarks, Applicant argues the amendment would be allowable over the cited arts. Examiner respectfully disagrees. Please see the rejection above for details as to how the prior art(s) now read on the amended claims. Examiner notes that during the interview, it was suggested to clarify the base being entirely over which specific transmission gear and the portion of the channel wall extending above and below the first reservoir base.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH D TRUONG whose telephone number is (571)270-3014. The examiner can normally be reached M-F 9-5 pm.
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/Minh Truong/ Primary Examiner, Art Unit 3654