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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the "wherein the first axle drive train and the second axle drive train are arranged in the drive system in a manner rotated by an angle of 10-90° with respect to one another in relation to the axes of rotation of the respective electric machines" recited in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over DE 102012025371 A1 ("Killiana") in view of US 20210379977 A1 ("Williams").
Claim 1: Killiana teaches a drive system for a motor vehicle, comprising: a first axle drive train (Front axle shown in Fig. 1; Figs. 2-4) which drives a first vehicle axle (front axle connected to 10) and is accommodated in a first drive train housing (housing 18 of rear), a first electric machine (motor 10 of front) and a first transmission arrangement (gearbox 16 of front) forming a first structural unit (entire structure of 10, 16, 18) with the first electric machine (para. 34, lines 1-7), a second axle drive train (Rear axle shown in Fig. 1; Figs. 5 and 6) which drives a second vehicle axle (rear axle connected to 10) and is accommodated in a second drive train housing (housing 18 of rear), and a second electric machine (motor 10 of rear) and a second transmission arrangement (gearbox 16 of rear) forming a second structural unit (entire structure of 10, 16, 18) with the second electric machine, wherein the first electric machine (motor 10 of front) and the second electric machine (motor 10 of rear) as well as the first transmission arrangement (gearbox 16 of front) and the second transmission arrangement (gearbox 16 of rear) are substantially identically constructed (Fig. 1), wherein the first axle drive train (front axle) and the second axle drive train (rear axle) are arranged in the drive system (Fig. 1) in a manner rotated by an angle of 10-90° with respect to one another in relation to the axes of rotation of the respective electric machines (Fig. 1; para. 15, lines 1-5 and para. 33, lines 7-9). Killiana does not teach the first drive train housing defines a first oil sump storing a first oil, and the second drive train housing defines a second oil sump storing a second oil, wherein the holding volume of the first oil sump corresponds to between 0.75-1.25 of the holding volume of the second oil sump.
However, Williams in a similar field of art teaches the first drive train housing (110; both front 110 and rear 120 have similar configurations; Fig. 1, para. 50, lines 12-14) defines a first oil sump (recess 514; Fig. 5) storing a first oil (para. 64, lines 11-14), and the second drive train housing (120) defines a second oil sump (514 for 120) storing a second oil (configuration of Fig. 5 for 120), wherein the holding volume of the first oil sump corresponds to between 0.75-1.25 of the holding volume of the second oil sump (same oil sump being added to both would have them being a similar size which is between .75 and 1.25 of the volume). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Killiana with the features of Williams by adding a recess for the purpose of an oil sump. One of ordinary skill in the art would have been motivated to do so as Williams teaches oil or other lubricants are supplied to reduce friction, provide cooling, or both, between relatively moving components.
Claim 2: The prior art of Killiana and Williams teaches the limitations of claim 1 as noted above. Williams further teaches the drive system, further comprising at least one of: a first oil pump (drive gear 510 acts as pump mechanism; para. 64, lines 11-14 - Williams) is arranged in the first oil sump (514 - Williams), which pumps the first oil from the first oil sump to the first electric machine (motor; para. 62, lines 1-5 - Williams), and a second oil pump is arranged in the second oil sump, which pumps the second oil from the second oil sump to the second electric machine (same mechanism for front 110 but for rear 120; para. 50, lines 12-14 - Williams).
Claim 3: The prior art of Killiana and Williams teaches the limitations of claim 1 as noted above. Killiana further teaches the drive system, wherein at least one of: the first drive train housing defines a first transmission compartment (housing of the gearbox 16 - Killiana) for accommodating the first transmission arrangement (16 – Killiana), and the second drive train housing defines a second transmission compartment (similar to front, but for rear, housing of gearbox 16 - Killiana) for accommodating the second transmission arrangement (16 - Killiana),. But Killiana does not teach from which the first oil can be conveyed into the first oil sump via a first oil outlet opening and from which the second oil can be conveyed into the second oil sump via a second oil outlet opening.
However, Williams teaches from which the first oil can be conveyed into the first oil sump (514) via a first oil outlet opening (opening from recess 514 to 502; para. 64, lines 11-14 - Williams), and from which the second oil can be conveyed into the second oil sump via a second oil outlet opening (same mechanism for front 110 but for rear 120; para. 50, lines 12-14 - Williams). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Killiana and Williams further with the features of Williams by adding an opening for the recess. One of ordinary skill in the art would have been motivated to do so as Williams teaches oil or other lubricants are supplied to reduce friction, provide cooling, or both, between relatively moving components.
Claim 4: The prior art of Killiana and Williams teaches the limitations of claim 3 as noted above. Williams further teaches the drive system, wherein at least one of: the first transmission arrangement (drive gears 510 and 520 - Williams) has a first gear wheel (drive gear - Williams) which is rotatable axially parallel to the axis of rotation of the first electric machine (motor; para. 62, lines 1-5 - Williams) and by means of which the first oil located in the first transmission compartment can be conveyed out of the first transmission compartment through the first oil outlet opening (opening from recess 514 to 502; para. 64, lines 11-14 - Williams) into the first oil sump (514), and the second transmission arrangement (drive gears 510 and 520 - Williams) has a second gear wheel (drive gear - Williams) which is rotatable axially parallel to the axis of rotation of the second electric machine (motor; para. 62, lines 1-5 - Williams) and by means of which the second oil located in the second transmission compartment can be conveyed out of the second transmission compartment through the second oil outlet opening into the second oil sump (same mechanism for front 110 but for rear 120; para. 50, lines 12-14 - Williams).
Claim 5: The prior art of Killiana and Williams teaches the limitations of claim 4 as noted above. Williams further teaches the drive system, wherein at least one of: the first gear wheel (510) has a first axis of rotation which is arranged above the first oil outlet opening (opening from recess 514 to 502; para. 64, lines 11-14 - Williams) in the direction of gravity (Fig. 5), and the second gear wheel has a second axis of rotation which is arranged above the second oil outlet opening in the direction of gravity (same mechanism for front 110 but for rear 120; para. 50, lines 12-14 - Williams).
Claim 6: The prior art of Killiana and Williams teaches the limitations of claim 4 as noted above. Williams further teaches the drive system, wherein at least one of: the first gear wheel (510 - Williams) is surrounded in the circumferential direction and in sections by a channel-like circular-ring-section-shaped first housing section (bearings 501, 503; Fig. 5 - Williams) of the first drive train housing (embodiment 500 is arranged inside housing; para. 64, lines 1-5 - Williams), and the second gear wheel is surrounded in the circumferential direction and in sections by a channel-like circular-ring-section-shaped second housing section of the second drive train housing (same mechanism for front 110 but for rear 120; para. 50, lines 12-14 - Williams).
Claim 7: The prior art of Killiana and Williams teaches the limitations of claim 1 as noted above. Killiana further teaches the drive system, wherein at least one of: the first drive train housing (front axle - Killiana) is of a multi-part design (multiple parts, 10, 16, 18; Figs. 1-4 - Killiana), and the second drive train (rear axle - Killiana) housing is of a multi-part design (multiple parts, 10, 16, 18; Figs. 1, 5 and 6 - Killiana).
Claim 8: The prior art of Killiana and Williams teaches the limitations of claim 1 as noted above. Killiana further teaches the drive system, wherein at least one of: the first drive train housing comprises a first motor housing (18 for front axle - Killiana) for accommodating the first electric machine (10 for front axle - Killiana) and a first transmission housing (housing for gearbox 16 - Killiana) for accommodating the first transmission arrangement (16 - Killiana), and the second drive train housing comprises a second motor housing (18 for front axle - Killiana for accommodating the second electric machine (10 for front axle - Killiana) and a second transmission housing (housing for gearbox 16 - Killiana) for accommodating the second transmission arrangement (16 - Killiana). But does not teach wherein the first oil sump is formed in and/or on the first transmission housing, and wherein the second oil sump is formed in and/or on the second transmission housing.
However, Williams in a similar field of art teaches wherein the first oil sump (514 - Williams) is formed in and/or on the first transmission housing (Fig. 5; 514 is directly connected to transmission components of the drive gears - Williams), and wherein the second oil sump is formed in and/or on the second transmission housing (same mechanism for front 110 but for rear 120; para. 50, lines 12-14 - Williams). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Killiana and Williams with the features of Williams by adding the recess for the purpose of an oil sump onto the transmission. One of ordinary skill in the art would have been motivated to do so as Williams teaches oil or other lubricant is supplied to reduce friction, provide cooling, or both, between relatively moving components
Claim 9: The prior art of Killiana and Williams teaches the limitations of claim 1 as noted above. Killiana further teaches the drive system, wherein at least one of: the first electric machine (10 of front - Killiana) has a first control unit (20 of front - Killiana) for supplying current to the first electric machine (para. 34, lines 17-20 - Killiana) and the second electric machine (10 of rear - Killiana) has a second control unit (20 of rear - Killiana) for supplying current to the second electric machine (para. 34, lines 17-20 - Killiana), wherein the first control unit (20 of front - Killiana) and the second control unit (20 of rear - Killiana) are substantially identically constructed (Fig. 1 - Killiana).
Claim 10: The prior art of Killiana and Williams teaches the limitations of claim 1 as noted above. Williams further teaches the drive system, wherein at least one of: the first axle drive train (250 - Williams) comprises two first electric machines (261 and 271 - Williams) arranged coaxially to one another, axially directly adjacent to one another, each in an axial flux configuration (Fig. 2; Drive systems for embodiment 500 are driven in embodiments of Figs 2-3; para. 61, lines 8-11 - Williams), and the second axle drive train comprises two second electric machines arranged coaxially to one another, axially directly adjacent to one another, each in an axial flux configuration (same mechanism for front 110 but for rear 120; para. 50, lines 12-14 - Williams).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AL-BIRR RAHMAN CHOWDHURY whose telephone number is (571)272-4661. The examiner can normally be reached 9:30am - 6:00pm.
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/A.R.C./Examiner, Art Unit 3618
/Jake Cook/Primary Examiner, Art Unit 3618
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