DETAILED ACTION
The following is a first action on the merits of application serial no. 18/859649 filed 10/24/2024.
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 filed 10/24/24 has been considered.
Specification
The disclosure is objected to because of the following informalities:
-Under “List of reference signs” pages, the reference signs “70a, 70b, 71a and 71b” are missing.
Appropriate correction is required.
Claim Objections
Claims 16 and 26 are objected to because of the following informalities:
-In claim 16, the limitation recites, “the first stepped gears” in last line. The term “gears” should be changed to “gear” as recited (introduced) in line 29.
-In claim 26, the limitation recites, “the first stepped gears” in line 29. The term “gears” should be changed to “gear” as recited (introduced) in line 24.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
-“a first switching element (generic placeholder) configured to couple the first rotor to the fourth element (function) ……”; a second switching element (generic placeholder) configured to couple the first rotor to the second element (function) ……”; a third switching element (generic placeholder) configured to couple the second rotor to the first element (function) ……” in claims 22 and 26.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 16-28 are 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 16 recites the limitation “……the third element is connected in a rotationally fixed manner to one of the first and second output drive shaft”, in lines 9-11. However, the current disclosure describes (and shows) that the third element is rotationally fixed to only the first drive output shaft, not one of the first and second output drive shafts as recited. Please clarify where support, for the “alternative” limitation as recited, can be found in the originally filed disclosure. Same for claim 26, lines 8-9.
-Claim 16 recites the limitations “the first output drive shaft is coupled or is couplable in a torque-transmitting manner to the first vehicle wheel, ……..the second output drive shaft is coupled or is couplable in a torque-transmitting manner to the second vehicle wheel” in lines 16-19. It is unclear as to why both the phrases “is coupled or is couplable” are being recited, please clarify. Examiner suggest removing at least one of the phrases. Same for claim 26, lines 13-16.
-Claim 16 recites the limitations “wherein the second planetary gears are stepped planetary gears, wherein the second planetary gears each have a first stepped gear axially overlapping the first element and a second stepped gear axially overlapping the fourth element, wherein in each case one of the first stepped gears and one of the second stepped gears are connected to each other in a rotationally fixed manner, wherein in each case one of the second stepped gears meshes with one of the third planetary gears” in lines 28-33. The limitations reciting “one of the first stepped gears and one of the second stepped gears” seem to suggest that there are multiple first stepped gears and multiple second stepped gears, however, the limitation was recited (introduced) as a first stepped gear and a second stepped gear. It is unclear as to how the phrase “one of” is being interpreted in claim, please clarify (i.e., is the “one of” referring to “one of the first stepped gear and second stepped gear). Same for claim 26, lines 23-28 and claim 19 which recites “the second stepped gears” and “one of the first stepped gears”.
-Claims 22-28 all recite “switching elements”, however, the disclosure doesn’t describe what the particular structure is pertaining to the elements. [0059] in specification describes the switching part 48 as a sliding sleeve, but lacks describing structure of the switching elements, please clarify or amend accordingly (avoiding new matter).
-Claim 26 recites “a method for operating the electric drive system for a motor vehicle reciting method limitations in last three lines in claim while also reciting the apparatus of the drive system. Per MPEP 2173.05(p): a claim to a device, apparatus, manufacture, or composition of matter may contain a reference to the process in which it is intended to be used without being objectionable under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, so long as it is clear that the claim is directed to the product and not the process. However, a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011).
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) 16-19 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Honda et al 20150065282 (IDS cited art). As to claim 16, Honda discloses (Figure 15) an electric drive system for a motor vehicle having a first vehicle wheel (WRL or WRR) and a second vehicle wheel (WRL or WRR), the electric drive system comprising:
a first electric engine (12) with a first rotor (12b);
a second electric engine (11) with a second rotor (11b);
a coupling gear mechanism (GSC) having a first output drive shaft (SRR) and a second output drive shaft (SRL), wherein the first and second output drive shafts are configured to discharge output drive torques from the coupling gear mechanism;
a first planetary gear set having a first element (S1C), a second element (105a, 105d), and a third element (R1C), wherein the second element is a first planetary carrier and the third element is connected in a rotationally fixed manner to one of the first (SRR) and second output drive shafts;
a second planetary gear set having a fourth element (S2C), a fifth element (105d, 105b), and a sixth element (R2C), wherein the fifth element is connected in a rotationally fixed manner to the second element (via 105d) and is a second planetary carrier, and wherein the sixth element is connected in a rotationally fixed manner to the second output drive shaft (SRL), wherein the first output drive shaft is coupled or is couplable in a torque-transmitting manner to the first vehicle wheel (WRR), bypassing the second element, wherein the second output drive shaft is coupled or is couplable in a torque-transmitting manner to the second vehicle wheel (WRL), bypassing the second element, wherein second planetary gears (106) are mounted rotatably on the second element, wherein the second planetary gears permanently mesh (via P1C) with a third toothing of the third element (R1C), wherein the second planetary gears (via P2C) and third planetary gears (P4C) are rotatably mounted on the fifth element, wherein in each case one of the second planetary gears (via P2C) meshes with one of the third planetary gears (P4C), wherein the second planetary gears are arranged both axially overlapping the third element and axially overlapping the fourth element (as shown in Figure 15),
wherein the second planetary gears are stepped planetary gears, wherein the second planetary gears each have a first stepped gear (P1C) axially overlapping the first element and a second stepped gear (P2C) axially overlapping the fourth element, wherein in each case one of the first stepped gears and one of the second stepped gears are connected to each other in a rotationally fixed manner (via integral connection as shown in Figure 15), wherein in each case one of the second stepped gears (via P2C) meshes with one of the third planetary gears (P4C), and
wherein the third planetary gears (P4C) mesh (indirectly via P2C) with the fourth element and with the sixth element, wherein the first stepped gears mesh (indirectly via P3C) both with the first element and with the third element.
As to claim 17, wherein the third planetary gears (P4C) permanently mesh with a sixth toothing of the sixth element (R2C).
As to claim 18, wherein first planetary gears (P3C) are rotatably mounted on the second element, the first planetary gears permanently mesh with a first toothing of the first element (S1C), in each case one of the first planetary gears meshes with one of the second planetary gears (P1C), the second planetary gears permanently mesh with a fourth toothing of the fourth element (via P2C).
As to claim 19, wherein the second stepped gears permanently mesh with the fourth element (via P2C), wherein first planetary gears are rotatably mounted on the second element (150a), wherein the first planetary gears permanently mesh with a first toothing of the first element (S1C), wherein in each case one of the first planetary gears meshes with one of the first stepped gears (P1C).
As to claim 21, wherein the first element is a first sun gear (S1C), the third element is a first ring gear (R1C), the fourth element is a second sun gear (S2C), and the sixth element is a second ring gear (R2C).
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.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Honda in view of Kaltenbach et al 20200282827. Honda discloses a coupling gear mechanism coupled to a first and second output drive shaft, but doesn’t disclose a first and second stage transmission downstream of mechanism and drive shafts as recited.
Kaltenbach discloses (Figure 2) an electric drive system having a coupling gear mechanism (PS1, PS2) coupled to a first drive output shaft (ST2) and a second drive output shaft (ST2). Kaltenbach shows that it is well known in the art to provide the system with a first transmission stage (PS3) arranged downstream of the first output drive shaft and downstream of the coupling gear mechanism with respect to a torque flow, and a second transmission stage (PS3) arranged downstream of the second output drive shaft and downstream of the coupling gear mechanism with respect to the torque flow.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide Honda with transmission stages arranged downstream of the gear mechanism and both output drive shafts in view of Kaltenbach to provide additional speed ratios to wheels which increases operating efficiency during high speed and high torque driving situations.
Allowable Subject Matter
Claims 26-28 are allowed (via prior art purposes only). Reasons for allowance will not be indicated at this time awaiting applicant’s response to the 112(b) rejections above (reasons will be same as indicated below for claim 22).
Claims 22-25 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 of record doesn’t disclose or render obvious a motivation to provide for:
-(as to claim 22 in combination with the limitations recited in claim 16 exactly as written)……. a first switching element configured to couple the first rotor to the fourth element in such a way that first drive torques provided by the first electric engine via the first rotor are introduced into the coupling gear mechanism at the fourth element;
a second switching element configured to couple the first rotor to the second element in such a way that the first drive torques provided by the first electric engine via the first rotor are introduced into the coupling gear mechanism at the second element; and
a third switching element configured to couple the second rotor to the first element in such a way that second drive torques provided by the second electric engine via the second rotor are introduced into the coupling gear mechanism at the first element.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-The PCT written opinion has been reviewed and the examiner agrees that the prior art cited does meet limitations of present invention (claims 16-19 and 21).
-Gluckler et al 20200262293 (Figure 1) and Schilder et al 20250162409 (Figure 2) and 12305738 (Figure 2) all show that it is well known in the art to provide an electric drive system for a motor vehicle having a first and second electric engine coupled to a first and second vehicle wheel by a coupling gear mechanism in the form of a first and second planetary set and further having a first and second transmission stage arranged downstream of the gear mechanism.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna M Momper can be reached at 571-270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 October 13, 2026
