DETAILED ACTION
This Office Action is in response to the amendment filed January 7, 2026 for the above identified patent application.
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
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) 1-3, 5-8, 11-14, 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun (CN 106195142) in view of Mastroianni et al. (USP 5,335,562).
Sun teaches a driveline for a vehicle having a transmission with at least nine speeds, the driveline comprising an input shaft (3) having three input gears (23-25) selectively coupled to the input shaft, an intermediate shaft (5) having three intermediate gears (14-16) disposed thereon and rigidly (at least rotationally) connected thereto, an output shaft (7) and a vehicle output, wherein the input shaft is drivingly connectable to the vehicle output by drivingly connecting the input shaft to the output shaft via the intermediate shaft by meshing gears of the intermediate shaft with gears of the output shaft and the gears of the input shaft, and by drivingly connecting the intermediate shaft to the vehicle output via the output shaft.
Sun does not teach at least one (or more) of the intermediate gears formed in one piece with the intermediate shaft. The prior art to Mastroianni teaches (Fig. 1) a transmission configured with driving gears (26,28,30,32,34,38) disposed on an intermediate shaft (countershaft), the driving gears being “integrally formed with the shaft or coupled to the shaft.” Column 3, Lines 30-31. It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed device to configure the three intermediate gears of Sun, as a one-piece body with the intermediate shaft, as taught by Mastroianni, since it has been held that simple substitution of one known element (separately formed gear) for another (integrally formed gear) to obtain predictable results, is within the ordinary skill of one in the art.
Claim 2: Sun teaches the input shaft, the intermediate shaft and the output shaft are arranged in parallel.
Claim 3: Sun teaches the input shaft, the intermediate shaft and the output shaft lie in one plane.
Claim 5: Sun teaches three input gears disposed on the input shaft, wherein each of the three input gears is drivingly connected to one or more of the three intermediate gears.
Claim 6: Sun teaches each of the three input gears is in mesh with the one or more of the three intermediate gears, and wherein each of three output gears disposed on the output shaft is in mesh with the one or more of the three intermediate gears.
Claim 7: Sun teaches an input engagement assembly (19) configured to selectively engage one or more of the three input gears with the input shaft.
Claim 8: Sun teaches (Fig. 1) the input engagement assembly includes a first input selector device disposed on the input shaft and configured to selectively engage either one of a first input gear and a second input gear of the three input gears with the input shaft.
Claim 11: Sun teaches three output gears (9-11) disposed on the output shaft, wherein each of the three output gears is drivingly connected to one or more intermediate gears.
Claim 12: Sun teaches each of the three output gears is in mesh with one of the one or more intermediate gears, and wherein each of the three input gears disposed on the input shaft is in mesh with the one or more intermediate gears.
Claim 13: Sun teaches an output engagement assembly (8) configured to selectively engage either one of the three output gears with the output shaft.
Claim 14: Sun teaches the output engagement assembly includes a first output selector device (12) disposed on the output shaft and configured to selectively engage either one of a first output gear and a second output gear of the three output gears with the output shaft.
Claim 17: Sun teaches a control unit (mechanical units 12 and 19) configured to control an input engagement assembly and an output engagement assembly to simultaneously engage only one of the three input gears with the input shaft and only one of three output gears with the output shaft, such that torque is transmitted from the input shaft to the output shaft via the intermediate shaft and torque is not transmitted directly from the input shaft to the output shaft.
Claim 20: As described above, Sun teaches a transmission having the claim limitations.
Claim(s) 1-3, 5-17, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Von Koenigsegg et al. (USP 12,066,082) in view of Mastroianni et al. (USP 5,335,562).
Referring to Fig. 3, Von Koenigsegg teaches a driveline for a vehicle having a transmission with at least nine speeds (Fig. 5), the driveline comprising an input shaft (14) having three input gears (20), an intermediate shaft (16) having three (at least) intermediate gears (24 or 32 for each gear pair) disposed thereon and rigidly connected thereto, an output shaft (18) and a vehicle output (66), wherein the input shaft is drivingly connectable to the vehicle output by drivingly connecting the input shaft to the output shaft via the intermediate shaft meshing gears of the intermediate shaft with gears (30) of the output shaft and gears of the input shaft, and by drivingly connecting (via 36 for each gear pair) the intermediate shaft to the vehicle output via the output shaft.
Von Koenigsegg does not teach at least one (or more) of the intermediate gears formed in one piece with the intermediate shaft. The prior art to Mastroianni teaches (Fig. 1) a transmission configured with driving gears (26,28,30,32,34,38) disposed on an intermediate shaft (countershaft), the driving gears being “integrally formed with the shaft or coupled to the shaft.” Column 3, Lines 30-31. It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed device to configure the three (at least) intermediate gears of Von Koenigsegg, as a one-piece body with the intermediate shaft, as taught by Mastroianni, since it has been held that simple substitution of one known element (separately formed gear) for another (integrally formed gear) to obtain predictable results, is within the ordinary skill of one in the art.
Claim 2: Von Koenigsegg illustrates (Fig. 3) the input shaft, the intermediate shaft and the output shaft are arranged in parallel.
Claim 3: Von Koenigsegg illustrates (Fig. 3) the input shaft, the intermediate shaft and the output shaft lie in one plane.
Claim 5: Von Koenigsegg illustrates (Fig. 3) three input gears disposed on the input shaft, wherein each of the three input gears is drivingly connected to one or more of the three intermediate gears.
Claim 6: Von Koenigsegg illustrates (Fig. 3) each of the three input gears is in mesh with the one or more of the three intermediate gears, and wherein each of three output gears disposed on the output shaft is in mesh with the one or more of the three intermediate gears.
Claim 7: Von Koenigsegg illustrates (Fig. 3) an input engagement assembly (26) configured to selectively engage one or more of the three input gears with the input shaft.
Claim 8: Von Koenigsegg illustrates (Fig. 3) the input engagement assembly (26) includes a first input selector device (one of 26) disposed on the input shaft and configured to selectively engage either one of a first input gear and a second input gear of the three input gears with the input shaft.
Claim 9: Von Koenigsegg illustrates (Fig. 3) the input engagement assembly includes a second input selector device (another one of 26) disposed on the input shaft and configured to selectively engage a third input gear of the three input gears with the input shaft.
Claim 10: Von Koenigsegg illustrates (Fig. 3) the input engagement assembly includes a second input selector device (another one of 26) disposed on the input shaft, and wherein the first input selector device includes a first input synchromesh unit, and wherein the second input selector device includes a second input synchromesh unit.
Claim 11: Von Koenigsegg illustrates (Fig. 3) three output gears disposed on the output shaft, wherein each of the three output gears is drivingly connected to one or more intermediate gears.
Claim 12: Von Koenigsegg illustrates (Fig. 3) each of the three output gears is in mesh with one of the one or more intermediate gears, and wherein each of three input gears disposed on the input shaft is in mesh with the one or more intermediate gears.
Claim 13: Von Koenigsegg illustrates (Fig. 3) an output engagement assembly configured to selectively engage either one of the three output gears with the output shaft.
Claim 14: Von Koenigsegg illustrates (Fig. 3) the output engagement assembly includes a first output selector device (a first wet clutch 36) disposed on the output shaft and configured to selectively engage a first output gear of the three output gears with the output shaft.
Claim 15: Von Koenigsegg illustrates (Fig. 3) the output engagement assembly includes a second output selector device (a second wet clutch 36) disposed on the output shaft and configured to selectively engage a third output gear of the three output gears with the output shaft.
Claim 16: Von Koenigsegg illustrates (Fig. 3) the first output selector device includes a first output synchromesh unit (wet clutch), and/or wherein the second output selector device includes a second output synchromesh unit (wet clutch).
Claim 17: Von Koenigsegg teaches (column 9, lines 18+) a control unit configured to control an input engagement assembly and an output engagement assembly to simultaneously engage only one of the three input gears with the input shaft and only one of three output gears with the output shaft, such that torque is transmitted from the input shaft to the output shaft via the intermediate shaft and torque is not transmitted directly from the input shaft to the output shaft.
Claim 19: Von Koenigsegg illustrates (Fig. 1) a power source (10), wherein the power source is drivingly connectable to the intermediate shaft via the input shaft, wherein the power source is an internal combustion engine.
Claim 20: As described above, Von Koenigsegg teaches a transmission having the claim limitations.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over at least one of Sun (CN 106195142) and Mastroianni et al. (USP 5,335,562), or Von Koenigsegg et al. (USP 12,066,082) and Mastroianni et al. (USP 5,335,562), as applied to claim 2 above.
Neither Sun nor Von Koenigsegg teach the output shaft arranged outside of a plane spanned by the input shaft and the intermediate shaft. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to position the output shaft of either Sun or Von Koenigsegg, outside a plane spanned by the input and intermediate shaft, since it has been held that rearranging parts of an invention involves only routine skill in the art. Alternatively, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to position the output shaft of Sun or Von Koenigsegg, outside a plane spanned by the input and intermediate shaft, motivation being to provide a compact gearbox having a reduced width to fit a particular application.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Von Koenigsegg et al. (USP 12,066,082) and Mastroianni et al. (USP 5,335,562), as applied to claim 17 above, and further in view of Fautz (WO 2019/185355).
Von Koenigsegg does not teach the transmission having a park lock feature. Fautz teaches a transmission configured to realize a park lock mode by simultaneously engage two different speed ratios. It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed device to provide the transmission of Von Koenigsegg with a park lock mode by simultaneously engaging two different speed ratios, as taught by Fautz, motivation being to lock a vehicle from movement without the need for additional locking structure.
Response to Arguments
Applicant's arguments filed January 7, 2026 have been fully considered. The newly amended claims are rejected on newly applied art to Mastroianni et al. (USP 5,335,562), which teaches integrally forming gears with an intermediate shaft.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C JOYCE whose telephone number is (571)272-7107. The examiner can normally be reached M-F 8:30-5:00.
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/WILLIAM C JOYCE/Primary Examiner, Art Unit 3618