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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka, et al. US8290670.
Regarding claim 1, Tanaka, et al. teaches a transmission unit (Figure 1) comprising:
an input shaft 11/12 to which motive power from a drive source (engine labeled attached to 11 in Figure 1) is input;
an output shaft S2 (wherein S2 drives S4 to leads to front and rear axles, thus is considered an output shaft) configured to output the motive power from the drive source (engine);
a first gear train (G1, G3, G7) and a second gear train (G2, G4, G5, G6) provided between the input shaft 11/12 and the output shaft S2;
a first clutch C2 and a second clutch C1 configured to respectively switch the first gear train (G1, G3, G7) and the second gear train (G2, G4, G5, G6) to a power transmission state or a non-power transmission state; and
a transmission case (housing shown in figure 9 for 110) configured to house the input shaft 11/12, the output shaft S2, the first gear train (G1, G3, G7), the second gear train (G2, G4, G5, G6), the first clutch C2, and the second clutch C1, wherein when the drive source (engine) is switched between a first rotation speed and a second rotation speed (Column 2: 1-7 “the clutch switching pattern selection device selects the clutch switching pattern based upon the engine rotation rate detected by the engine rotation rate detection device and the speed ratio detected by the speed ratio detection device in correspondence to the speed change pattern for the transmission at the time of the speed change”. The engine with changing rotation speed necessarily has at least two speeds wherein one speed is necessarily lower than the other speed) lower than the first rotation speed, the power transmission states of the first clutch C2 and the second clutch C1 are switched (to provide the above described speed ratio, and as described in Column 2: 17-28 “It is preferable that a plurality of types of clutch switching patterns are set in correspondence to each of the speed change patterns as combination control information indicating a specific combination of a disconnecting hydraulic control parameter for a hydraulic clutch to shift from a connected state to a disconnected state at the time of the speed change and a connecting hydraulic control parameter for a hydraulic clutch to shift from the disconnected state to the connected state at the time of the speed change”. The speed change patterns is considered the claimed out put driving), so that the output shaft S2 is rotationally driven at a predetermined rotation speed (the above described speed change), wherein each of the first clutch C2 and the second clutch C1 is a hydraulic clutch (Column 4: 8-10 “ the clutch control device 100 executes hydraulic control for hydraulic clutches C1.about.C4 built into the transmission 110”), and wherein a hydraulic circuit (including control device 100) that supplies hydraulic pressure to hydraulic chambers (the insides of the clutches) of the first clutch C2 and the second clutch C1 is formed in a transmission case (Figure 9 shows housing/case surrounding transmission 110 and clutch control device 100. The housing includes the body of the vehicle).
Tanaka, et al. teaches an intermediate shaft (the shaft supporting G3 and G5, positioned between S1 and S1) disposed in parallel (as shown in Figure 1) with the input shaft 11/12 and the output shaft S2, wherein the input shaft 11/12 is provided with a drive gear g1, wherein the first gear train (G1, G3, G7) includes a first driven gear G7 provided on the output shaft S2 and a first intermediate gear G3 provided on the intermediate shaft and meshing with the drive gear and the first driven gear (as shown in Figure 1), and wherein the second gear train (G2, G4, G5, G6) includes a second driven gear G6 provided on the output shaft S2 and a second intermediate gear G5 provided on the intermediate shaft and meshing with the second driven gear (as shown in Figure 1).
the hydraulic circuit including hydraulic control valves (Column 5: 37-38 “ The hydraulic circuit 40 includes hydraulic valves (not shown), each constituted with a proportional electromagnetic valve disposed in correspondence to one of the hydraulic clutches F, R and C1~C4”) that control hydraulic pressure supplied to the first clutch and the second clutch.
Tanaka does not teach that the intermediate shaft and the hydraulic control valves are disposed on opposite sides of a line connecting the input shaft and the output shaft, as viewed from a shaft extension direction of the input shaft and the output shaft.
It would have been an obvious matter of design choice to modify Tanaka by selecting the intermediate shaft and the hydraulic control valves to be on opposite sides of each other on a line connecting the input and output shafts, since applicant has not disclosed that this placement solves any stated problem or is of any particular purpose and it appears that placing the control valve opposite one of the shafts relative to the intermediate shaft would perform equally well the claimed disposal, in terms of providing hydraulic control for the clutches.
It is noted that claim 1 is only directed to a transmission unit, and is not limited to a transmission unit on a lawnmower.
Regarding claim 3, Tanaka, et al. teaches the claim, as described above, and teaches the hydraulic circuit includes an oil supply passage (the arrows pointing upward from hydraulic circuit 40, which necessarily provide at least some passage for oil to provide the above described hydraulic pressure) that supplies hydraulic pressure to the first clutch C2 and the second clutch C1, and
Tanaka,et al. is silent as to whether the oil supply passage is provided on a side opposite to a side on which the motive power from the drive source (engine) is input to the input shaft 11/12 in the transmission case.
At the time of the effective filing date, it would have been obvious to one having ordinary skill in the art, to choose to place the oil supply passage to the first and second clutches to be provided on a side opposite a side in which the motor power is input to the input shaft, to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success. Doing so would reduce the risk of the drive shaft damaging the oil supply passage.
Regarding claim 7, Tanaka, et al. teaches the hydraulic circuit 40 an oil pump (Column 5: 46-48 “While hydraulic operating fluid is supplied to the hydraulic circuit 40 from a hydraulic pump (not shown) which uses the engine E as its drive source”) that is driven by the drive source (engine E) to generate hydraulic pressure, and wherein the hydraulic control valve and the oil pump are disposed in the transmission case (as described above) and is attached to a lower portion of the input shaft (the entire system is held on a vehicle, which means the oil pump is attached to at least the lower portion- such as the right side- of the input shaft by virtue of being mounted on the same vehicle)
Claim(s) 2, 6, 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka, et al. in view of Kuriyagawa, et al. US2017/0245431.
Regarding claim 2, Tanaka, et al. teaches the claim, as described above, but does not teach that the input shaft 11/12 and the output shaft S2 extend in a vertical direction.
Kuriyagawa, et al. teaches that it is known in the art to dispose input 15a and output 71 shafts vertically to provide desired drive for a lawn mower 10 blade 14 to cut grass.
It would have been obvious to a person having ordinary skill in the art, before the effective filing date. to modify Tanaka, et al.’s shafts to be held vertically as in Kuriyagawa, et al., to provide output rotational driving for a blade in a lawnmower to cut grass.
Regarding claim 6, Tanaka, et al. teaches the claim, as described above, but does not teach the input shaft 11/12, the intermediate shaft, and the output shaft S2 extend in a vertical direction, and wherein the first gear train (G1, G3, G7) is disposed above the second gear train (G2, G4, G5, G6).
Kuriyagawa, et al. teaches that it is known in the art to dispose input 15a and output 71 shafts vertically to provide desired drive for a lawn mower 10 blade 14 to cut grass.
It would have been obvious to a person having ordinary skill in the art, before the effective filing date. to modify Tanaka, et al.’s shafts to be held vertically as in Kuriyagawa, et al., to provide output rotational driving for a blade in a lawnmower to cut grass. Such a change in orientation for Tanaka, et al. would provide the first gear train above the second gear train due to the re-orientation of the shafts.
Regarding claim 10, Tanaka, et al. teaches the claim, as described above, but does not teach the transmission case comprises an upper case disposed on an upper side and a lower case disposed on a lower side, and wherein the output shaft is supported by the upper case without passing through the upper case and protrudes below the transmission case with passing through the lower case
Kuriyagawa, et al. teaches the transmission case comprises an upper case 60 disposed on an upper side (top of 10) and a lower case 26 disposed on a lower side (below 60), and wherein the output shaft 71 is supported by the upper case without passing through the upper case (since 60 is capped) and protrudes below the transmission case with passing through the lower case (to extend into shroud 11).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify the modified Tanaka, et al.’s vertically oriented output shaft in view of Kuriyagawa, et al.’s transmission case with upper case and lower case, such that the output shaft is held in the upper case, without passing through the upper case to provide debris protection for the shaft, and can protrude below the transmission case to provide rotational motion outside of the housing/transmission case.
Regarding claim 11, Tanaka, et al. teaches a transmission unit as described above;
when the engine is switched between a first rotation speed and a second rotation speed lower than the first rotation speed, the power transmission states of the first clutch and the second clutch are switched so that the output shaft is rotationally driven at a predetermined rotation speed which is substantially constant (wherein the above described rotation speeds are considered constant as they are specified at separate set points);
each of the first clutch and the second clutch is a hydraulic clutch (as recited above); and
a hydraulic circuit (as recited above) that supplies hydraulic pressure to hydraulic chambers (the insides of the clutches) of the first clutch and the second clutch is formed in the transmission case (wherein the hydraulic circuit is held on the vehicle, thus is formed in the transmission case).
Tanaka, et al. does not teach the output shaft (as recited above) configured to output the motive power from the engine to a mowing-blade.
Kuriyagawa, et al. teaches that it is known for an output shaft 71 to be configured to output motive power to a mowing blade 91 for cutting grass.
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify Tanaka, et al.’s output shaft to be oriented such that it is configured to output motive power to a mowing blade, as in Kuriyagawa, et al. to provide grass cutting capabilities.
Claim(s) 4 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka, et al. in view of Goleski, et al. US10259308.
Regarding claim 4, Tanaka, et al. teaches the claim, as described above, but does not teach a brake that fixes the output shaft S2 when the first clutch C2 and the second clutch C1 respectively bring the first gear train (G1, G3, G7) and the second gear train (G2, G4, G5, G6) into the non-power transmission state.
Goleski, et al. teaches that it is known to use a brake 64 (which slides to the right into the “park” position) for providing braking for a transmission 18, to prevent shaft movement as desired (Column 4: 13-22 “ A first sleeve 64 is supported for rotation with layshaft 42. Controller 28 issues commands to actuator 66 to translate fork 68 causing sleeve 64 to slide axially. When sleeve 64 slides to the left (drive), dog teeth engage first gear 54 to selectively couple first gear 54 to layshaft 42. Engaging this drive clutch establishes a power flow path between driveshaft 16 and the drive wheels. When sleeve 64 slides to the right (park), dog teeth engage the housing to selectively hold layshaft 42 against rotation. Engaging this brake prevents vehicle movement”. The vehicle moves upon output shaft 42 driving axles 50 and 52). The brake fixes the output valve shaft (the dog teeth engaging the housing) to the transmission case.
It would have been obvious to a person having ordinary skill in the art, before the effective filing date to modify Tanaka, et al.’s transmission to include a brake that engages a desired shaft, to prevent shaft movement when desired. Such a modification would have the brake fixing the output shaft to the transmission case (the housing of Goleski, et al.) by the first clutch and the second clutch respectively brining the first gear train and the second gear train into non-power transmission state (by stopping rotation and by selectively deactivating the first or second clutch as described above).
Regarding claim 9, Tanaka teaches the hydraulic control valves are a first solenoid valve and a second solenoid valve (Column 5: 38-39 “electromagnetic valve” is the same as a solenoid valve) that control hydraulic pressure supplied to the first and second clutch, respectively (as recited above).
Goleski, et al. of the combination teaches the brake fixes the output valve shaft (the dog teeth engaging the housing) to the transmission case.
The modification would thus fix the output shaft to the transmission case when the first and second solenoid valve are de-energized by providing braking when the valves are not providing pressure to the clutches, thus are not configured to transmit rotation between the gears.
Allowable Subject Matter
Claim 8 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: Tanaka, et al. does not teach a lawn mower with the claimed transmission unit, wherein the transmission unit includes an output lever with an output lever sensor wherein the power transmission states of the first and second clutches are switched according to the position of the output lever detected by the output lever sensor.
Response to Arguments
Applicant’s arguments, see remarks, filed 7/30/2026, with respect to the rejection(s) of claim(s) 1 under 35 USC 102(a)(1) over Tanaka, et al. have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 USC 103 over Tanaka, et al.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cathleen Hutchins whose telephone number is (571)270-3651. The examiner can normally be reached M-F 11am-9:30PM EST.
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/CATHLEEN R HUTCHINS/Primary Examiner, Art Unit 3672 9/8/2026