DETAILED ACTION
This is the first Office action on the merits of Application No. 18/833,262. Claims 1-20 are pending.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/25/2024 has been considered by the examiner.
Claim Interpretation
In claims 5 and 14-15, the terms “left” and “right’ are defined by the driver in a normal riding position as defined in paragraph [0029] of the specification.
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.
(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 1, 3, 5-6, 11, 15-16, 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bruestle (US Patent Publication 20180112738).
Regarding claim 1, Bruestle discloses a vehicle (motor vehicle 1), comprising: a frame (Fig. 1); at least one front ground engaging member (11,12) rotatably connected to the frame; at least one rear ground engaging member (9,10) rotatably connected to the frame; an engine (drive unit 2) connected to the frame, the engine comprising a crankshaft (6) extending longitudinally, the crankshaft rotating about a crankshaft axis, the crankshaft axis extending longitudinally; a transmission (transmission system 8) disposed rearward of the engine, the transmission being operatively connected to the crankshaft, the crankshaft being received at least in part in the transmission, the transmission including a plurality of axles and gears for altering a gear ratio of the vehicle, at least one of the plurality of axles rotating about an axis parallel to the crankshaft axis (e.g. paragraphs [0017-0018], where the CVT pulleys functionally are gears to create the ratios); a rear final drive (18 on rear axle 3 (paragraph [0017]) operatively connected to the at least one rear ground engaging member, the rear final drive being disposed rearward of and being operatively connected to the transmission; a drive shaft assembly (e.g. 22) operatively connected to the transmission, the drive shaft assembly extending forward from the transmission; and a front final drive (23 on front axle 4 (paragraph [0017]) operatively connected to the at least one front ground engaging member, the front final drive being disposed forward of the engine, the front final drive being operatively connected to the drive shaft assembly (shown in Fig. 1).
Regarding claim 3, Bruestle discloses the vehicle of claim 1, wherein the drive shaft assembly comprises: a first drive shaft (22) extending forward from the transmission, a rear end of the first drive shaft being operatively connected to the transmission; and a second drive shaft (17) operatively connected (indirectly) to a front end of the first drive shaft.
Regarding claim 5, Bruestle discloses the vehicle of claim 3, wherein: the crankshaft is disposed on a right side of a center plane (center plane C-C) of the vehicle (Fig. 1); and the first drive shaft is disposed on a left side of the center plane (Fig. 1).
Regarding claim 6, Bruestle discloses the vehicle of claim 3, wherein a lowest point of the engine is vertically lower than a top surface height of the first drive shaft (Fig. 2, corner of 30 is below 22).
Regarding claim 11, Bruestle discloses the vehicle of claim 1, further comprising a rear output shaft (17) operatively connecting the transmission to the rear final drive; and wherein a rotation axis of the rear output shaft is parallel to the crankshaft axis (Fig. 1).
Regarding claim 15, Bruestle discloses the vehicle of claim 1, wherein the crankshaft is disposed on a right side of a center plane (center plane C-C) of the vehicle (Fig. 1).
Regarding claim 16, Bruestle discloses the vehicle of claim 1, further comprising a turbocharger fluidly connected with an air inlet of the engine (paragraph [0019]).
Regarding claim 19, Bruestle discloses the vehicle of claim 1, wherein the vehicle is an off-road side-by-side vehicle (SSV) (paragraph [0002]).
Regarding claim 20, Bruestle discloses the vehicle of claim 1, wherein: the transmission includes an input damper (45); the crankshaft is received in the input damper (Fig. 1 and 36); and torque from the engine is transferred to the transmission through the crankshaft and the input damper (Fig. 1).
Claims 1, 12-13, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okabe (US Patent Publication 20220371674).
Regarding claim 1, Okabe discloses a vehicle (Fig. 1), comprising: a frame (30); at least one front ground engaging member (1) rotatably connected to the frame; at least one rear ground engaging member (2) rotatably connected to the frame; an engine (E) connected to the frame, the engine comprising a crankshaft (9) extending longitudinally, the crankshaft rotating about a crankshaft axis, the crankshaft axis extending longitudinally; a transmission (V) disposed rearward of the engine, the transmission being operatively connected to the crankshaft, the crankshaft being received at least in part in the transmission, the transmission including a plurality of axles and gears for altering a gear ratio of the vehicle, at least one of the plurality of axles rotating about an axis parallel to the crankshaft axis (where the CVT pulleys functionally are gears to create the ratios); a rear final drive (RT) operatively connected to the at least one rear ground engaging member, the rear final drive being disposed rearward of and being operatively connected to the transmission; a drive shaft (90) assembly operatively connected to the transmission, the drive shaft assembly extending forward from the transmission; and a front final drive (FT) operatively connected to the at least one front ground engaging member, the front final drive being disposed forward of the engine, the front final drive being operatively connected to the drive shaft assembly (Fig. 3).
Regarding claim 12, Okabe discloses the vehicle of claim 1, wherein: the frame includes a plurality of lower frame tubes (31) supporting the engine; and a lowest point of the engine is disposed vertically lower than a top surface of at least one of the plurality of lower frame tubes (Fig. 1).
Regarding claim 13, Okabe discloses the vehicle of claim 12, wherein at least one of the plurality of lower frame tubes is vertically lower than the drive shaft (Fig. 1).
Regarding claim 17, Okabe discloses the vehicle of claim 1, further comprising a muffler fluidly connected to the engine, the muffler being disposed rearward of the transmission (shown in Fig. 1, is partially rearward part of the transmission).
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.
Claims 2 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Okabe (US Patent Publication 20220371674).
Regarding claim 2, Okabe discloses the vehicle of claim 1, wherein: the engine, the transmission, and the rear final drive are connected together to form a rear drive unit; a transmission housing of the transmission is removably fastened to an engine casing of the engine; and a final drive housing of the rear final drive is fastened to the transmission housing (shown Fig. 3, shown as separate housing). Okabe does not explicitly state removably fastened or fastened limitations.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Okabe to incorporate the fastening with a reasonable expectation of success for the recognized advantage of supporting the housings.
Regarding claim 14, Okabe discloses the vehicle of claim 1, further comprising an exhaust manifold fluidly connected to the engine; and wherein: the crankshaft axis is disposed on a right side of a center plane of the vehicle; and at least a majority of the exhaust manifold is disposed on a left side of the center plane (shown in Fig. 1, connected to the muffler). Okabe does not explicitly show the center plane arrangement.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Okabe to incorporate the disposal of the exhaust manifold about the center plane with a reasonable expectation of success for the recognized advantage of compact assembly of the parts.
Claims 18 is rejected under 35 U.S.C. 103 as being unpatentable over Bruestle (US Patent Publication 20180112738).
Regarding claim 18, Bruestle discloses the vehicle of claim 1, wherein the engine is an inline three-cylinder engine, cylinders of the engine being aligned longitudinally (Fig. 1, shows two cylinders). Bruestle does not disclose three cylinders.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bruestle to incorporate another cylinder with a reasonable expectation of success for the recognized advantage of an increase of power.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bruestle (US Patent Publication 20180112738) in view of Bradford (US Patent Publication 20100101366).
Regarding claim 10, Bruestle discloses the vehicle of claim 1, wherein the transmission (CVT).
Bruestle does not disclose is a dual clutch transmission (DCT).
Bradford discloses a dual clutch transmission (DCT) with a longitudinal mounted engine (paragraph [0003] and Fig. 1).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bruestle to incorporate a dual clutch transmission of Bradford with a reasonable expectation of success for the recognized advantage of higher torque load handling.
Allowable Subject Matter
Claims 4 and 7-9 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:
Regarding claim 4, the prior art does not disclose or render obvious the vehicle wherein: the first drive shaft is disposed at least partially rearward of the engine; and the second drive shaft is disposed at least partially forward of the engine, in combination with the other elements required by the claim.
The closest prior art, Bruestle (US Patent Publication 20180112738), discloses the first drive shaft is disposed at least partially rearward of the engine, but does not disclose the second drive shaft is disposed at least partially forward of the engine. It would have been obvious to modify without destroying the arrangement of these elements.
Regarding claim 7, the prior art does not disclose or render obvious the vehicle further comprising a final drive housing; and wherein the final drive housing surrounds the rear final drive and at least some portions of the transmission, in combination with the other elements required by the claim.
Claims 8-9 are allowable for being dependent on an allowed claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hasegawa (US Patent Publication 20070144283) discloses a powertrain arrangement.
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/LORI WU/Primary Examiner, Art Unit 3655
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