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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September 6, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: "first planetary gear set 52" appearing on line 14 of paragraph [0053] should read "second planetary gear set 52" as other relevant components recited in the statement pertain to the second planetary gear set.
Appropriate correction is required.
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 17 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 17 recites “the electric machine is permanently coupled or is permanently couplable to the fourth element”. While the specifications further support a permanent connection between the electric machine and the fourth element, they are silent regarding a permanently couplable connection. Furthermore, the inherently irreversible nature of a permanent coupling obfuscates the intended meaning of “permanently couplable”, thereby rendering the claim indefinite. Examiner has understood the electric machine permanently coupled to the fourth element.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 12 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 12 recites “the third switch element is configured to connect the drive shaft to the first element”. Claim 11, upon which claim 12 depends, recites “a third switch element configured to connect the first element to the fifth element”. With the understanding that the third switch cannot possibly establish both connections as recited in the two claims, claim 12 is not further limiting claim 11. In fact, claim 12 contradicts claim 11 limitations by requiring removal of the third switch from the path between the first element and the fifth element so that the switch can instead connect the drive shaft to the first element. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 11, 13-16, and 18-20 are allowed. The following is a statement of reasons for the indication of allowable subject matter: The prior art does not teach or suggest all elements of claim 11; claims 13-16 and 18-19 are dependent on claim 11.
Regarding claim 11, the closest reference, Lichtenegger (DE 102015223026 A1) teaches a hybrid drive system for a motor vehicle (torque transmission device 100 for a motor vehicle, fig. 1, ¶[0069]), the hybrid drive system comprising:
an internal combustion engine having a drive shaft (first input shaft EW1, fig. 1, ¶[0070]) via which first drive torques are providable by the internal combustion engine to drive the motor vehicle (“first drive motor ICE in the form of an internal combustion engine”, fig. 1, ¶[0069]);
an electric machine having a rotor via which second drive torques are providable by the electric machine to drive the motor vehicle (“second drive motor EM in the form of an electric machine which can be operated both as an electric motor and as a generator”, fig. 1, ¶[0069]);
a transmission having a first partial transmission (planetary gear sets PGS1 and PGS2, fig. 1) and a second partial transmission (spur gear transmission SG, output shaft AW, and third planetary gear set PGS3, fig. 1), wherein
the first partial transmission has a first planetary gear set (PGS1) having a first element (first sun gear S1, fig. 1, ¶[0078]), a second element (first planetary carrier PT1, fig. 1, ¶[0078]), and a third element (first ring gear H1, fig. 1, ¶[0078]), and a second planetary gear set (PGS2) having a fourth element (second sun gear S2, fig. 1, ¶[0072]), a fifth element (second planetary carrier PT2, fig. 1, ¶[0072]), and a sixth element (second ring gear H2, fig. 1, ¶[0072]) that is permanently connected to the second element in a manner fixed against rotation (“first planetary carrier PT1 and the second ring gear H2 are connected to one another in a rotationally fixed manner”, ¶[0075]),
the second partial transmission has a first spur gear stage (spur gear transmission SG, fig. 1, ¶[0070]) and a driven shaft (output shaft AW, fig. 1, ¶[0070]),
the first spur gear stage has a first output gearwheel (first gear Z1, ¶[0074]) arranged coaxially with the driven shaft (output shaft AW) and interlocking with a first input gearwheel (second gear Z2, ¶[0074]) that is connected or is connectable to the third element (first ring gear H1) in a manner fixed against rotation (“first ring gear H1 is connected in a rotationally fixed manner to the output shaft AW via the spur gear transmission SG, in particular via a second gear Z2 and a first gear Z1”, ¶[0074]),
the rotor of the electric machine is coupled or is couplable to one of the first, second, third, fourth, fifth, and sixth elements in a torque-transmitting manner such that the respective second drive torque provided by the electric machine via the rotor is introducible into the transmission at the one of the first, second, third, fourth, fifth, and sixth elements that is coupled or is couplable to the rotor in a torque-transmitting manner (“power flow from the second input shaft EW2 may be transmitted to the output shaft AW along a fourth power path … via the second planetary carrier PT2”, ¶[0082]; second input shaft EW2 is connected in a rotationally fixed manner to the second drive motor EM, ¶[0080]; PT2 is the fifth element as noted above);
a first switch element (first separating clutch C1, fig. 1, ¶[0070]) configured to connect the drive shaft of the internal combustion engine to one of the first, second, third, fourth, fifth, and sixth elements in a manner fixed against rotation (“By means of the first separating clutch C1, the first input shaft EW1 can be connected in a rotationally fixed manner to the first sun gear S1 of the first planetary transmission PGS1”, ¶[0075]);
a third switch element (third separating clutch C3, fig. 1, ¶[0070]) configured to connect the first element to the fifth element in a manner fixed against rotation (“third separating clutch C3 is designed to establish and release a rotational connection between the first sun gear S1 and the second planetary carrier PT2”, ¶[0075]);
wherein the second partial transmission has a second spur gear stage (third planetary gear set PGS3 with a sun gear S3 and only one planetary gear P3 on planetary carrier PT3 and no ring gear, fig. 1, ¶[0073]), which has a second output gearwheel (planetary carrier PT3) that is connected to the driven shaft (output shaft AW) in a manner fixed against rotation and interlocks with a second input gearwheel (sun gear S3) that is connected to or connectable to the fifth element (planetary carrier PT2) in a manner fixed against rotation (fixed connection between S3 and PT2 shown in fig. 1 and described in ¶[0079] as part of the second power path); and
a fifth switch element (second separating clutch C2) configured to connect the second input gearwheel (S3) to the fourth element (S2) in a manner fixed against rotation (“By means of the second separating clutch C2, the second sun gear S2 of the second planetary transmission PGS2 can be connected in a rotationally fixed manner to the third sun gear S3”, ¶[0075]).
Although Lichtenegger recites that output shaft AW “can be connected to a rotatable axle of a vehicle in a rotationally fixed manner” (¶[0070]), Lichtenegger does not specify an axial transmission rotationally coupled by gears to the driven shaft. However, Kaltenbach et al. (US 8,911,315 B2), hereinafter “Kaltenbach”, teaches a hybrid drive (1a, fig. 1, col. 6, lines 22-39) comprising a common output shaft GA in drive connection with the axle differential 5, via an output gear set Z1 (fig. 1, col. 7, lines 7-8). Before the effective date of the claimed invention, it would have been obvious to those having ordinary skill in the art to combine, with a reasonable expectation of success, the differential and output gear set from Kaltenbach with the torque transmission device disclosed by Lichtenegger so that wheels on either side of the vehicle can rotate at different speeds. The combination would predictably provide:
an axial transmission (axle differential 5) having an axial transmission input gear (output gear z21) via which the axial transmission is drivable (Kaltenbach, “output gear z21, which interacts with the axle differential 5”, col. 7, lines 11-12); and
a driven gearwheel (drive gear z11) permanently connected to the driven shaft (Lichtenegger output shaft AW) in a manner fixed against rotation and permanently interlocking with the axial transmission input gear of the axial transmission (“drive gear z11 … connected in a rotationally fixed manner to the output shaft GA and … in engagement with an output gear z21”, col. 7, lines 7-14).
Lichtenegger does not recite a switch element configured to connect the first element to the fourth element in a manner fixed against rotation. Mellet et al. (US 2015/0308551 A1), hereinafter “Mellet”, teaches a three mode continuously variable transmission (transmission 200, fig. 4, ¶¶[0047]-[0049]) for a motor vehicle wherein the sun gear 50A of the planetary gear set 50 is connected for common rotation with the sun gear 52A of the planetary gear set 52 by interconnecting member 202 (fig. 4, ¶[0048]). However, Mellet’s connection of the two sun gears does not involve an intervening switch element as recited among claim 11 limitations. Further combination of prior art references that may specifically teach all claim limitations entail reliance on hindsight based upon applicant’s disclosure. Claim 11 is therefore allowed.
Regarding claim 20, the combined torque transmission device of Lichtenegger and Kaltenbach, as applied in claim 11, teaches a motor vehicle (Lichtenegger: “fig. 1 shows an exemplary embodiment of a torque transmission device 100 according to the invention, which is designed for arrangement in a motor vehicle”, ¶[0069]), comprising:
a hybrid drive system (torque transmission device 100), which comprises
an internal combustion engine (first drive motor ICE) having a drive shaft (first input shaft EW1) via which first drive torques are providable by the internal combustion engine to drive the motor vehicle;
an electric machine (second drive motor EM) having a rotor via which second drive torques are providable by the electric machine to drive the motor vehicle;
an axial transmission (axle differential 5) having an axial transmission input gear (output gear z21) via which the axial transmission is drivable; and
a transmission having a first partial transmission and a second partial transmission, wherein
the first partial transmission has a first planetary gear set (PGS1) having a first element (first sun gear S1), a second element (first planetary carrier PT1), and a third element (first ring gear H1), and a second planetary gear set (PGS2) having a fourth element (second sun gear S2), a fifth element (second planetary carrier PT2), and a sixth element (second ring gear H2) that is permanently connected to the second element in a manner fixed against rotation (“first planetary carrier PT1 and the second ring gear H2 are connected to one another in a rotationally fixed manner”, ¶[0075]),
the second partial transmission has a first spur gear stage and a driven shaft,
the first spur gear stage (spur gear transmission SG) has a first output gearwheel (first gear Z1) arranged coaxially with the driven shaft and interlocking with a first input gearwheel (second gear Z2) that is connected or is connectable to the third element (first ring gear H1) in a manner fixed against rotation (“first ring gear H1 is connected in a rotationally fixed manner to the output shaft AW via the spur gear transmission SG, in particular via a second gear Z2 and a first gear Z1”, ¶[0074]),
the rotor of the electric machine is coupled or is couplable to one of the first, second, third, fourth, fifth, and sixth elements in a torque-transmitting manner such that the respective second drive torque provided by the electric machine via the rotor is introducible into the transmission at the one of the first, second, third, fourth, fifth, and sixth elements that is coupled or is couplable to the rotor in a torque-transmitting manner (“power flow from the second input shaft EW2 may be transmitted to the output shaft AW along a fourth power path … via the second planetary carrier PT2”, ¶[0082]; second input shaft EW2 is connected in a rotationally fixed manner to the second drive motor EM, ¶[0080]; PT2 is the fifth element as noted above);
a driven gearwheel (drive gear z11) permanently connected to the driven shaft (output shaft AW) in a manner fixed against rotation and permanently interlocking with the axial transmission input gear of the axial transmission (“drive gear z11 … connected in a rotationally fixed manner to the output shaft GA and … in engagement with an output gear z21”, col. 7, lines 7-14);
a first switch element (first separating clutch C1) configured to connect the drive shaft of the internal combustion engine to one of the first, second, third, fourth, fifth, and sixth elements in a manner fixed against rotation (“By means of the first separating clutch C1, the first input shaft EW1 can be connected in a rotationally fixed manner to the first sun gear S1 of the first planetary transmission PGS1”, ¶[0075]);
a third switch element (third separating clutch C3) configured to connect the first element to the fifth element in a manner fixed against rotation (“third separating clutch C3 is designed to establish and release a rotational connection between the first sun gear S1 and the second planetary carrier PT2”, ¶[0075]), wherein
the second partial transmission has a second spur gear stage (third planetary gear set PGS3 with a sun gear S3 and only one planetary gear P3 on planetary carrier PT3 and no ring gear, fig. 1, ¶[0073]), which has a second output gearwheel (planetary carrier PT3) that is connected to the driven shaft (output shaft AW) in a manner fixed against rotation and interlocks with a second input gearwheel (sun gear S3) that is connected to or connectable to the fifth element (planetary carrier PT2) in a manner fixed against rotation (fixed connection between S3 and PT2 shown in fig. 1 and described in ¶[0079] as part of the second power path); and
a fifth switch element (second separating clutch C2) configured to connect the second input gearwheel (sun gear S3) to the fourth element (sun gear S2) in a manner fixed against rotation (“By means of the second separating clutch C2, the second sun gear S2 of the second planetary transmission PGS2 can be connected in a rotationally fixed manner to the third sun gear S3”, ¶[0075]).
As noted relevant to claim 11, the prior art does not teach a second switch element configured to connect the first element to the fourth element in a manner fixed against rotation. The closest reference, Mellet, teaches two sun gears, 50A and 52A, connected by an interconnecting member 202, but lacks an intervening switch element.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional art of record relates to vehicle power trains having features relevant to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD OMID NEYZARI whose telephone number is (571)272-9530. The examiner can normally be reached Monday-Friday, 8 AM-5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at (303) 297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMAD OMID NEYZARI/Examiner, Art Unit 3613
/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613
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