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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 14 recites “a second differential” in line 3 of the claim. This is unclear and confusing because a first differential is not previously recited in the claims from which claim 14 depends. The first instance of a “differential” is in claim 6. However, claim 14 depends directly from claim 1 which does not recite a differential. Accordingly, the claim is not clear because it implies two differentials, but only one is recited.
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.
Claim(s) 1, 13 and 15 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Honda (JP 2013-121788).
Regarding claim 1, Honda discloses A hybrid powertrain, comprising: a drive member, a first clutch, a second clutch, a first electrical machine, an engine, and a reverse piece; the first clutch connected to an engine output shaft of the engine and the drive member, to selectively connect the drive member and the engine output shaft; the second clutch connected between the drive member and the reverse piece, and the reverse piece connected between the second clutch and a first drive wheel, to selectively connect the drive member and the first drive wheel; the first electrical machine connected to the drive member, and the first electrical machine and the engine configured to be selectively connected through the first clutch; and when the engine outputs power to the first drive wheel, a rotation direction of the engine output shaft and a rotation direction of the first drive wheel being the same by a reversing operation of the reverse piece [(paragraphs [0032]-[0042] and [0063], figures 1 and 10) a hybrid powertrain (10, 1 0A), comprising a drive member (27), a first clutch (CL 1 ), a second clutch (CL3), a first electrical machine (GEN), an engine (ENG), and a reverse piece (25, 54, 55),
the first clutch (CL 1) being drivingly connected to both an engine output shaft (12) of the engine (ENG) and the drive member (27), to selectively connect the drive member (27) and the engine output shaft (12), the second clutch (CL2) being connected between the drive member (27) and the reverse piece (25, 54, 55), and the reverse piece (25, 54, 55) being connected between the second clutch (CL2) and a first drive wheel (WR), to selectively connect the drive member (27) and the first drive wheel (WR);
the first electrical machine (GEN) being drivingly connected to the drive member (27), so that the first electrical machine (GEN) and the engine (ENG) are configured to be selectively connected through the first clutch (CL 1 ), and when the engine (ENG) outputs power to the first drive wheel (WR), reversing being performed by the reverse piece (25, 54, 55), so that a rotation direction of the engine output shaft (12) is the same as a rotation direction of the first drive wheel (WR)].
Regarding claim 13, Honda discloses further comprising an energy storage unit electrically connected to the first electrical machine (at least “The motor MOT and the generator GEN are connected to a battery (not shown) via a control device (not shown), and can supply power from the battery and regenerate energy to the battery.” of Fig 1 description).
Regarding claim 15, Honda discloses A vehicle, comprising a hybrid powertrain, wherein the hybrid powertrain comprises: a drive member, a first clutch, a second clutch, a first electrical machine, an engine, and a reverse piece; the first clutch connected to an engine output shaft of the engine and the drive member, to selectively connect the drive member and the engine output shaft; the second clutch connected between the drive member and the reverse piece, and the reverse piece connected between the second clutch and a first drive wheel, to selectively connect the drive member and the first drive wheel; the first electrical machine connected to the drive member, and the first electrical machine and the engine configured to be selectively connected through the first clutch; and when the engine outputs power to the first drive wheel, a rotation direction of the engine output shaft and a rotation direction of the first drive wheel being the same by a reversing operation of the reverse piece (see discussion of claim 1 above).
Allowable Subject Matter
Claims 2-12 and 16-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art when taken alone or in combination does not appear to teach or fairly suggest at this time The hybrid powertrain according to claim 1, wherein the first clutch comprises a first housing and a first driven member, a first clutch plate is disposed inside the first housing, the first clutch plate is selectively engaged with the first driven member, the first driven member is connected to the engine output shaft, and the first housing is connected to the drive member.
Conclusion
Regarding independents 1 and 15, please note that Qi ‘672, Yang ‘523 and Chen ‘651 disclose the features of the claims [Qi ((paragraphs [0046]-[0111], figures 1-11 ), namely showing an engine (1 ), a first motor (2) a first clutch (4), a second clutch (5), a reverse piece (10) and drive wheels (17)), Yang (see in particular figure 2) and Chen (see in particular figure 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB B MEYER whose telephone number is (571)270-3535. The examiner can normally be reached Monday - Friday 9-7.
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JACOB B. MEYER
Primary Examiner
Art Unit 3613
/JACOB B MEYER/Primary Examiner, Art Unit 3613
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