Prosecution Insights
Last updated: August 06, 2026
Application No. 18/789,401

DRIVELINE FOR A VEHICLE HAVING A TRANSMISSION WITH AT LEAST NINE SPEEDS

Final Rejection §103
Filed
Jul 30, 2024
Priority
Jul 31, 2023 — DE 20 2023 104 326.7
Examiner
JOYCE, WILLIAM C
Art Unit
3618
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Dana Performance Transmissions S R L
OA Round
4 (Final)
70%
Grant Probability
Favorable
5-6
OA Rounds
1y 3m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
851 granted / 1225 resolved
+17.5% vs TC avg
Strong +16% interview lift
Without
With
+16.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
23 currently pending
Career history
1252
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
45.2%
+5.2% vs TC avg
§102
27.0%
-13.0% vs TC avg
§112
25.5%
-14.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1225 resolved cases

Office Action

§103
DETAILED ACTION This Office Action is in response to the amendment filed May 19, 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) 1-8, 11-14, 17, 20, and 21 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) and Thompson (USP 11,022,204). 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. Sun does not teach the output shaft arranged outside of a plane spanned by the input shaft and the intermediate shaft such that an axis of rotation of the input shaft, an axis of rotation of the intermediate shaft, and an axis of rotation of the output shaft are offset from one another. The prior art to Thompson teaches a transmission having an input shaft (12), an intermediate shaft (14), an output shaft (16), wherein gears disposed on the shafts provide nine speeds. Referring to Figure 15, Thompson illustrates the axes of the transmission shafts having a triangular shape, wherein output shaft is arranged outside of a plane spanned by the input shaft and the intermediate shaft such that an axis of rotation of the input shaft, an axis of rotation of the intermediate shaft, and an axis of rotation of the output shaft are offset from one another. Thompson discloses in paragraph spanning columns 28 and 29, the input shaft, the intermediate shaft, and the output shaft can extend along the same plane, or arranged in a triangular orientation (Fig. 15) making the input shaft closer to the output shaft. It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed device to modify the relative positioning the input shaft, the intermediate shaft, and the output shaft of Sun, so as to be positioned in a triangular orientation, as taught by Thompson, motivation being to position the input shaft closer to the output shaft providing a more compact arrangement. 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 4: Sun teaches the output shaft is arranged a distance from the plane spanned by the input shaft and the intermediate shaft. 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 21: Sun illustrates the intermediate shaft and the input shaft are positioned at different locations of a circumference of the output shaft. Claim(s) 1-17, 19, 20, and 21 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) and Thompson (USP 11,022,204). 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. Von Koenigsegg does not teach the output shaft arranged outside of a plane spanned by the input shaft and the intermediate shaft such that an axis of rotation of the input shaft, an axis of rotation of the intermediate shaft, and an axis of rotation of the output shaft are offset from one another. The prior art to Thompson teaches a transmission having an input shaft (12), an intermediate shaft (14), an output shaft (16), wherein gears disposed on the shafts provide nine speeds. Referring to Figure 15, Thompson illustrates the axes of the transmission shafts having a triangular shape, wherein output shaft is arranged outside of a plane spanned by the input shaft and the intermediate shaft such that an axis of rotation of the input shaft, an axis of rotation of the intermediate shaft, and an axis of rotation of the output shaft are offset from one another. Thompson discloses in paragraph spanning columns 28 and 29, the input shaft, the intermediate shaft, and the output shaft can extend along the same plane, or arranged in a triangular orientation (Fig. 15) making the input shaft closer to the output shaft. It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed device to modify the relative positioning the input shaft, the intermediate shaft, and the output shaft of Von Koenigsegg, so as to be positioned in a triangular orientation, as taught by Thompson, motivation being to position the input shaft closer to the output shaft providing a more compact arrangement. 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 4: Von Koenigsegg illustrates the output shaft is arranged a distance from the plane spanned by the input shaft and the intermediate shaft. 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 21: Von Koenigsegg illustrates the intermediate shaft and the input shaft are positioned at different locations of a circumference of the output shaft. Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Von Koenigsegg et al. (USP 12,066,082), Mastroianni et al. (USP 5,335,562) and Thompson (USP 11,022,204), 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 with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, the prior art to Thompson (USP 11,022,204) teaches the relative positioning of the transmission shafts. 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 WILLIAM C JOYCE whose telephone number is (571)272-7107. The examiner can normally be reached M-F 8:30-5:00. 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, Minnah Seoh can be reached at 571-270-7778. 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. /WILLIAM C JOYCE/Primary Examiner, Art Unit 3618
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Prosecution Timeline

Show 1 earlier event
Apr 23, 2025
Non-Final Rejection mailed — §103
Jul 23, 2025
Response Filed
Oct 07, 2025
Final Rejection mailed — §103
Jan 07, 2026
Request for Continued Examination
Feb 12, 2026
Response after Non-Final Action
Feb 19, 2026
Non-Final Rejection mailed — §103
May 19, 2026
Response Filed
Jun 26, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
70%
Grant Probability
86%
With Interview (+16.2%)
3y 3m (~1y 3m remaining)
Median Time to Grant
High
PTA Risk
Based on 1225 resolved cases by this examiner. Grant probability derived from career allowance rate.

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