DETAILED ACTION
This is the second Office action of Application No. 18/717,389 in response to the amendment filed on March 26, 2026. Claims 1-4 and 6-20 are pending. By the amendment, claims 1-4 and 6-20 have been amended. Claim 5 is canceled.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 7-15, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schmidt (German document 102019102078, cited on the IDS, translation attached).
Regarding claim 1, Schmidt discloses a transmission for a powertrain of a motor vehicle, the transmission comprising: a housing (e.g. 4, 5) comprising a receiving area, a lower face forming a collecting chamber (Fig. 7), and an upper face, the upper face facing away from the lower face; a differential unit (16) arranged in the receiving area, the differential unit comprising a gear conveying a hydraulic fluid from the collecting chamber to the upper face of the housing in a circumferential direction (Fig. 7); and at least one guide element (25) fixed (via 41) to the housing, the at least one guide element housing the gear, the at least one guide element to conducting the hydraulic fluid conveyed in the circumferential direction by the gear at least partly in a first axial direction and a second axial direction to one or more lubrication and/or cooling locations within the receiving area at a circumferential region, the at least one guide element defining a first trough and a second trough (Fig. 9 and “ The distribution element 43 can be designed so that the stripped lubricating oil according to the respective need for the outlets 31 , 31 ' divided and managed”), the first trough and the second trough are axially next to the gear (Fig. 11, troughs shown as collecting regions adjacent outlets 31 and 31’), the gear is disposed axially between the first trough and the second trough, the first trough collecting and storing a first portion of the hydraulic fluid that is diverted axially in the first axial direction (Fig. 11), the second trough collecting and storing a second portion of the hydraulic fluid that is diverted axially in the second axial direction (Fig. 11).
Regarding claim 11, Schmidt discloses a transmission comprising: a housing (e.g. 4, 5) comprising a receiving area, a lower face forming a collecting chamber (Fig. 7), and an upper face, the upper face facing away from the lower face; a differential unit (16) arranged in the receiving area of the housing, the differential unit includes a gear conveying a hydraulic fluid from the collecting chamber to the upper face of the housing in a circumferential direction (Fig. 7); and at least one guide element (25) fixed (via 41) to the housing, the gear is housed by the at least one guide element, the at least one guide element axially conducts the hydraulic fluid conveyed in the circumferential direction by the gear in a first axial direction and a second axial direction, the at least one guide element defining a first trough and a second trough, the first trough and the second trough are axially next to the gear (Fig. 9 and “ The distribution element 43 can be designed so that the stripped lubricating oil according to the respective need for the outlets 31 , 31 ' divided and managed”), the gear is disposed axially between the first trough and the second trough (Fig. 11, troughs shown as collecting regions adjacent outlets 31 and 31’), the first trough collecting and storing a first portion of the hydraulic fluid that is diverted axially in the first axial direction (Fig. 11), the second trough collecting and storing a second portion of the hydraulic fluid that is diverted axially in the second axial direction (Fig. 11).
Regarding claim 20, Schmidt discloses a method comprising providing a transmission including a transmission housing (e.g. 4, 5) and a differential unit (16); conveying in a circumferential direction, with a gear of the differential unit, a hydraulic fluid from a collecting chamber (Fig. 7) located on a lower face of the transmission housing to an upper face of the transmission housing; and axially conducting the hydraulic fluid conveyed in the circumferential direction to at least one of a lubrication location, a cooling location, or a transmission chamber, at least one guide element defining a first trough and a second trough (Fig. 9 and “ The distribution element 43 can be designed so that the stripped lubricating oil according to the respective need for the outlets 31 , 31 ' divided and managed”), the first trough and the second trough are axially next to the gear, the gear is disposed axially between the first trough and the second trough, the first trough collecting and storing a first portion of the hydraulic fluid that is diverted axially in a first axial direction, the second trough collecting and storing a second portion of the hydraulic fluid that is diverted axially in a second axial direction (Fig. 11).
Regarding claim 2, claim 12, and claim 13, Schmidt discloses the transmission according to claim 1 or claim 11, wherein the at least one guide element has a disk-shaped side wall region arranged axially next to the gear and/or has an outer wall region covering a toothing of the gear radially from an outside (Fig. 11, 42).
Regarding claim 3 and claim 14, Schmidt discloses the transmission according to claim 1 or claim 11, wherein the at least one guide element has a blade section on the circumferential region, wherein the blade section causes a deflection in the first axial direction and the second axial direction of part of the hydraulic fluid conveyed by the gear in the circumferential direction (Fig. 11, distributor element 43 or scraper 42).
Regarding claim 4 and claim 15, Schmidt discloses the transmission according to claim 3 or claim 14, wherein the blade section deflects a portion of the hydraulic fluid in the first axial direction and the second axial direction both in a first direction of rotation and in a second direction of rotation of the gear (Fig. 11, distributor element 43 or scraper 42), wherein the blade section forms a reverse chamber collecting at least the portion of the hydraulic fluid conveyed in the second direction of rotation (Fig. 11, e.g. 45 opposite side 43 and “the preferred direction of rotation can also be defined when the vehicle is reversing. The catch area 45 is in axial overlap with the first wheel 9 arranged”).
Regarding claim 7, Schmidt discloses the transmission according to claim 1, wherein the at least one guide element conveys a second partial quantity of the hydraulic fluid conveyed in the circumferential direction from the lower face to the upper face further in the circumferential direction beyond the circumferential region effecting an axial deflection of a first partial quantity of the hydraulic fluid (Figs. 9 and 11).
Regarding claim 8 and claim 17, Schmidt discloses the transmission according to claim 7 or claim 11, wherein the at least one guide element is provided with an opening penetrating a blade section in the circumferential direction (Fig. 9 shows an opening in 43).
Regarding claim 9 and claim 18, Schmidt discloses the transmission according to claim 1 or claim 11, wherein the at least one guide element comprises two guide elements, wherein a guide element is arranged axially on both sides of the gear (Fig. 11).
Regarding claim 10 and claim 19, Schmidt discloses the transmission according to claim 9 or claim 11, wherein the two guide elements have a common blade section (e.g. 43), wherein the common blade section deflects the hydraulic fluid conveyed by the gear in the circumferential direction in both axial directions.
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.
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Schmidt (German document 102019102078).
Regarding claim 6 and claim 16, Schmidt discloses the transmission according to claim 1 or claim 11, wherein the first trough is hydraulically connected via a first connecting channel (31) to a first rolling bearing supporting a first shaft component of the differential unit, wherein the second trough is hydraulically connected via a second connecting channel to a second roller bearing (31’) supporting a second shaft component of the differential unit (“The outlets 31 , 31' can be connected to suitable oil guiding elements, which carry the lubricating oil in a known manner at points to be lubricated in the gear arrangement 2nd , such as bearings and gear engagements”. E.g. Figs. 2 and 12). Schmidt suggests lubricating the bearings, but does not explicitly disclose.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schmidt to incorporate the bearings suggested by Schimdt with a reasonable expectation of success to have the recognized advantage of lubricating the components to keep them operational.
Response to Arguments
Applicant’s arguments, see page 8, filed 3/26/2026, with respect to the objections to the claims have been fully considered and are persuasive. More specifically, the amendments to the claims overcome the objections. The objections to the claims have been withdrawn.
Applicant’s arguments, see pages 8-12, filed 3/26/2026, with respect to the prior art rejections have been fully considered and are persuasive. More specifically, the amendments with the arguments on pages 11-12 are well-taken. The prior art rejections to the claims have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Schmidt (German document 102019102078).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/LORI WU/Primary Examiner, Art Unit 3655
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