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 .
Election/Restrictions
Applicant's election with traverse of Species II with Subspecies IIA and Subspecies IIC readable on claims 21-39 in the reply filed on April 13, 2026 is acknowledged. The traversal is on the ground(s) that the restriction requirement distinguishes Species I from Species II based on the vehicle-level positioning of the CVT relative to the engine. No pending claim recites any limitation corresponding to this distinction. This is not found persuasive because claims themselves are never species. The scope of a claim may be limited to a single disclosed embodiment (i.e., a single species, and thus be designated a specific species claim). Alternatively, a claim may encompass two or more of the disclosed embodiments (and thus be designated a generic or genus claim). Species always refer to the different embodiments of the invention. MPEP 806.04(e)
The requirement is still deemed proper and is therefore made FINAL.
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.
(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 21-39 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Davis, U.S. Patent Publication 2018/0245682.
As per claim 21, Davis discloses a continuously variable transmission (CVT) housing (80) (fig. 6) comprising:
an inner cover (80A); and
an outer cover (80B) coupled to the inner cover (80A) to define an interior, the outer cover including:
a drive clutch protrusion (158) [clutch dome] integrally formed within the outer cover (80B) and defining a drive clutch space (162) [alcove] (fig. 8) within the interior of the CVT housing; and
a channel (170) [air duct] (fig. 8) integrally formed within the outer cover (80B) and extending from the drive clutch protrusion (158) at a first end, the channel structured and operable to direct air circulating within the interior from the drive clutch space (162) to a portion of the interior that is at an opposite end of the interior from the drive clutch space (162) (para [0048]).
As per claim 22, Davis as set forth above, discloses the outer cover (80B) further comprises a driven clutch protrusion (182) [secondary clutch dome] integrally formed within the outer cover and defining a driven clutch space with the interior of the CVT housing, wherein the channel (170) is integrally formed within the outer cover and extending from the drive clutch protrusion (158) at the first end into the driven clutch protrusion (182) at a second end such that the drive clutch space is fluidly coupled to the driven clutch space, the channel (170) structured and operable to direct air circulating within the interior from the drive clutch space to the driven clutch space (para [0048]) (fig. 8).
As per claim 23, Davis as set forth above, discloses a diverter (210) [airfoil] extending from the inner cover (80A) and disposed between the drive clutch space and the driven clutch space, the diverter (210) structured and operable to direct air circulating within the interior to flow between an area of the interior that is near the drive clutch space and an area of the interior that is near the driven clutch space (para [0056]).
As per claim 24, Davis discloses a continuously variable transmission (CVT) (46), comprising:
a housing (80) (fig. 6) including an inner cover (80A) and an outer cover (80B) coupled to the inner cover to define an interior, the outer cover (80B) including:
a drive clutch protrusion (158) integrally formed within the outer cover (80B) and defining a drive clutch space (162) within the interior of the housing; and
a channel (170) integrally formed within the outer cover (80B) and extending from the drive clutch protrusion (158) at a first end, the channel structured and operable to direct air circulating within the interior from the drive clutch space to an area of the interior that is at an opposite end of the interior from the drive clutch space (para [0048]);
a drive clutch assembly (70) disposed within the interior;
a driven clutch assembly (74) disposed within the housing interior; and
a belt (78) disposed within the interior and operably coupling the drive clutch assembly (70) and the driven clutch assembly (74).
As per claim 25, Davis as set forth above, discloses the outer cover (80B) further includes a driven clutch protrusion (182) integrally formed within the outer cover that defines a driven clutch space within the interior of the housing, wherein the channel (170) is integrally formed within the outer cover to extend from the drive clutch space at the first end into the driven clutch protrusion (182) at a second end such that the drive clutch space is fluidly coupled to the driven clutch space, the channel (170) structured and operable to direct air circulating within the interior from the drive clutch space to the driven clutch space (para [0048]).
As per claim 26, Davis as set forth above, discloses a diverter (210) extending from the inner cover (80A) and disposed between the drive clutch space and the driven clutch space, the diverter (210) structured and operable to direct air circulating within the interior to flow between an area of the interior that is near the drive clutch space and an area of the interior that is near the driven clutch space (para [0056]).
As per claim 27, Davis discloses a vehicle (10) (figs. 1, 2) (para [0029]) comprising:
a frame (14);
a plurality of ground-engaging members (18, 22) [wheels] supporting the frame;
an engine (42) [prime mover] supported by the frame (14);
a continuously variable transmission (CVT) (46) operably coupled to the engine (42) and configured to transfer motive force from the engine to at least one of the plurality of ground- engaging members (18, 22), the CVT including:
a housing (80) including an inner cover (80A) and an outer cover (80B) coupled to the inner cover to define an interior, the outer cover (80B) including:
a drive clutch protrusion (158) integrally formed within the outer cover and defining a drive clutch space (162) [alcove] within the interior of the housing; and
a channel (170) integrally formed within the outer cover (80B) and extending from the drive clutch protrusion (158) at a first end, the channel (170) structured and operable to direct air circulating within the interior from the drive clutch space (162) to an area of the interior that is at an opposite end of the interior from the drive clutch space (para [0048]) (fig. 8);
a drive clutch assembly (70) disposed within the interior;
a driven clutch assembly (74) disposed within the interior; and
a belt (78) disposed within the interior and operably coupling the drive clutch assembly (70) and the driven clutch assembly (74) (fig. 6).
As per claim 28, Davis as set forth above, discloses the outer cover (80B) further includes a driven clutch protrusion (182) [secondary clutch dome] integrally formed within the outer cover (80B) that defines a driven clutch space within the interior of the housing, wherein the channel (170) (fig. 8) is integrally formed within the outer cover (80B) to extend from the drive clutch space at the first end into the driven clutch protrusion (182) at a second end such that the drive clutch space is fluidly coupled to the driven clutch space, the channel (170) structured and operable to direct air circulating within the interior from the drive clutch space to the driven clutch space (para [0048]).
As per claim 29, Davis as set forth above, discloses the CVT (46) further includes a diverter (210) [airfoil] extending from the inner cover (80A) and disposed between the drive clutch space and the driven clutch space, the diverter (210) structured and operable to direct air circulating within the interior to flow between an area of the interior that is near the drive clutch space and an area of the interior that is near the driven clutch space (para [0056]) (fig. 11).
As per claim 30, Davis discloses a continuously variable transmission (CVT) (46) (fig. 6) comprising:
a housing (80) including an inner cover (80A) and an outer cover (80B) coupled to the inner cover to define an interior, the housing (80) defining:
an intake port (150) fluidly coupled to the interior; and
an outlet port (154) [exhaust outlet] fluidly coupled to the interior;
a drive clutch assembly (70) [primary clutch assembly] positioned with the interior of the housing, the drive clutch assembly (70) including:
a shaft (86) [output shaft] operably coupled to an engine (42) [prime mover], wherein the intake port (150) is positioned proximate the shaft (86);
a stationary sheave (106) coupled to the shaft (86); and
a movable sheave (110) moveably coupled to the shaft (86) and axially moveable relative to the stationary sheave (106);
a driven clutch assembly (74) [secondary clutch] including:
a moveable sheave (178);
a stationary sheave 174); and
a driven clutch fan (196) [secondary clutch fan] (para [0051]) integrally formed with the stationary sheave (174);
a drive belt (78) operably coupling the drive clutch assembly (70) and the driven clutch assembly (74).
As per claim 31, Davis as set forth above, discloses the driven clutch fan (196) includes a plurality of fins (194) integrally formed with an outer side of the stationary sheave (174) of the driven clutch (74), wherein the fins (194) extend radially outward from a center of the stationary sheave (174) of the driven clutch assembly (74) such that the driven clutch fan (196) has an annular shape (para [0051]) (fig. 6).
As per claim 32, Davis as set forth above, discloses the driven clutch fan (196) includes a plurality of fins (194) integrally formed with an outer side of the stationary sheave (174) of the driven clutch (74), wherein the driven clutch fan (196) is positioned within the housing (80) such that an outer face of the driven clutch fan (196) is positioned opposite an interior face of the outer cover (80B) of the housing such that a gap is defined between the outer face of the driven clutch fan (196) and the interior face of the outer cover (80B).
As per claim 33, Davis as set forth above, discloses the housing (80) defines a drive clutch protrusion (158) defining a drive clutch space configured to house the drive clutch assembly (70) and receive air for cooling the CVT (46).
As per claim 34, Davis as set forth above, discloses the housing (80) defines a driven clutch protrusion (182) defining a driven clutch space configured to house the driven clutch assembly (74) and receive air for cooling the CVT, wherein the driven clutch fan (196) is positioned opposite an interior face of the driven clutch protrusion (182) to define a gap therebetween.
As per claim 35, Davis as set forth above, discloses the housing (80) defines a channel (170) positioned between the drive clutch protrusion (158) and the driven clutch protrusion (182), the channel (170) fluidly coupling the drive clutch space and the driven clutch space (para [0048]) (fig. 8).
As per claim 36, Davis as set forth above, discloses the housing (80) includes a diverter (210) [airfoil] disposed between the drive clutch space and the driven clutch space, the diverter (210) structured and operable to direct air circulating within the interior to flow between an area of the interior that is near the drive clutch space and an area of the interior that is near the driven clutch space (para [0056]).
As per claim 37, Davis as set forth above, discloses the housing (80) defines an outlet (154) proximate the driven clutch assembly (74), the outlet (154) defining an axis substantially tangential to the driven clutch assembly (74) (figs. 6, 7).
As per claim 38, Davis as set forth above, discloses the housing (80) defines an inlet (150) proximate the drive clutch assembly (70) and an outlet (154) proximate the driven clutch assembly (74).
As per claim 39, Davis as set forth above, discloses the housing (80) defines an air pathway (indicated by arrows) (fig. 8) during use within which air is configured to circulate from the drive clutch assembly (70) to the driven clutch assembly (74) at a lower portion (fig. 8) of the housing (80) and from the driven clutch assembly (74) to the drive clutch assembly (70) at an upper portion (fig. 8) of the housing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK KENNETH BUSE whose telephone number is (571)270-3139. The examiner can normally be reached 8:00 am to 5:00 pm.
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, Rob Hodge can be reached at 571 272-2097. 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.
/M.K.B/Examiner, Art Unit 3654
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3619
Prosecution Insights