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 Objections
Claims 1, 2 are objected to because of the following informalities: in claim 1, line 18 and in claim 2, line 2, “biassing” should be -- biasing --. Appropriate correction is required.
Claim Interpretation
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 rotation transmission state switching device” and “a mode selecting member” in claim 4.
The device that switches the rotation transmission state, according to claim 4, includes two members that are coaxial and a mode selecting member that either rotates or is displaced. This device or possibly the mode selecting part of this device performs a free mode in which rotation of the two coaxial members relatively rotate in both directions and performs a lock mode in which rotation of the two coaxial member is prevented in both directions.
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. The rotation transmission state switching device is disclosed as including elements 71, 72, and the mode selecting member which is element 73. Element 71 is a gear shaped member that has recesses and protruding portions. Element 72 includes holding recesses and pawls within those holding recesses that are engageable with the recesses of plate 71. Element 73 includes a annular member 92 with radial protrusions 97 (see FIG. 16). Rotation of 73 causes the three modes.
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 1-7 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 1
Claim 1 recites “the two-speed transmission including a function of, when the drive cam is rotationally driven by the shift motor through the reduction gear in order to switch the frictional engagement portion from the connected state to the disconnected state, detecting a phase in a rotational direction of the drive cam when an output torque or current value of the shift motor starts increasing at an increase rate equal to or higher than a first threshold value, as a piston touch point at which the elastic biasing member begins to be pressed in a direction that releases the force pressing the first friction plate and the second friction plate against each other, and/or a function of, when the drive cam is rotationally driven by the shift motor through the reduction gear in order to switch the frictional engagement portion from the connected state to the disconnected state, detecting the phase in a rotational direction of the drive cam, after exceeding the piston touch point, when the increase rate becomes equal to or less than a second threshold value, as a clutch touch point at which the force pressing the first friction plate and the second friction plate against each other becomes zero; and a function of, when switching between the high reduction ratio mode and the low reduction ratio mode, adjusting an amount of rotation of the drive cam rotationally driven by the shift motor through the reduction gear based on the piston touch point and/or the clutch touch point.” The claim is an apparatus claim directed toward a two-speed transmission, however the feature recited above is directed at a function of “detecting.” It is unclear what structure is required by the feature related to detecting. Does this require a controller with instructions that include the recited function, or sensors, or no structure at all?
In addition, the first option recites “detecting a phase in a rotational direction of the drive cam when an output torque or current value of the shift motor starts increasing at an increase rate equal to or higher than a first threshold value, as a piston touch point at which the elastic biasing member begins to be pressed in a direction that releases the force pressing the first friction plate and the second friction plate against each other.” If the function is a positive limitation that imparts structure to the claim, it is unclear what function is required by this detecting step. What is the phase that is detected? Is this the relative positions of the drive and driven cams or a phase of a direction meaning one direction or the other? Is the motor rate of increase first detected and must this occur simultaneously with the elastic biasing member beginning to press on the clutch pack or at a piston touch point? Alternatively, is the relative locations of the drive cam and driven cam that occurs when the motor increases at a certain rate interpreted as the touch point? This combination of function is unclear.
The second option recites “a function of, when the drive cam is rotationally driven by the shift motor through the reduction gear in order to switch the frictional engagement portion from the connected state to the disconnected state, detecting the phase in a rotational direction of the drive cam, after exceeding the piston touch point, when the increase rate becomes equal to or less than a second threshold value, as a clutch touch point at which the force pressing the first friction plate and the second friction plate against each other becomes zero.” If the function is a positive limitation that imparts structure to the claim, it is unclear what function is required by this detecting step. What is the phase that is detected? Is this the relative positions of the drive and driven cams or a phase of a direction meaning one direction or the other? In addition the function recites after the piston touch point and as a clutch touch point. It is unclear how these are different.
The claims last function recites “and a function of, when switching between the high reduction ratio mode and the low reduction ratio mode, adjusting an amount of rotation of the drive cam rotationally driven by the shift motor through the reduction gear based on the piston touch point and/or the clutch touch point. It is unclear what the difference is between the piston touch point and the clutch touch point. In addition, it is unclear what structure is required by this feature.
For purposes of examination, the above features are interpreted as non-structural and as intended methods of operating the device. Thus, these are given little patentable weight and the structure required to operate a transmission in the recited manner(s) is all that is required to satisfy the structural requirements of the claim.
In addition, claim 1 recites “an elastic biasing member provided between the first clutch member or the second clutch member and the frictional engagement portion.” The biasing member is spring/piston arrangement 27 in the drawings, which is positioned to one side of the clutch pack and physically between the two clutch members/clutch hubs. It is unclear if the phrase “between [one of the clutch members] and the frictional engagement portion” is intended to refer to a physical location or a location of the biasing force since the spring 27 does not appear to be positioned between one of the clutch hubs and the clutch plates.
Claim 4
Claim 4 recites “a rotation transmission state switching device including a first member and a second member arranged coaxially with each other, and a mode selecting member that rotates or is displaced in the axial direction as the drive cam rotates, and having a free mode in which rotation of the first member with respect to the second member is allowed regardless of a relative rotational direction between the first member and the second member, and a lock mode in which rotation of the first member with respect to the second member is prevented regardless of the relative rotational direction between the first member and the second member; and the rotation transmission state switching device switching between the free mode and the lock mode based on rotation or displacement in the axial direction of the mode selecting member.” It is unclear whether the phrase “and having a free mode in which rotation of the first member with respect to the second member is allowed regardless of a relative rotational direction between the first member and the second member” modifies the rotation transmission state switching device or the mode selecting member. Depending on which element includes this function that will change what structure is required in each of these features to perform this function.
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al. (US 2024/0011559; hereinafter “Mori”) in view of Yamamoto et al. (US 2023/0040408; hereinafter “Yamamoto”).
Claim 1
Mori discloses a two-speed transmission, comprising:
an input member (2-1);
an output member (20 or 6-3); and
an electric friction engaging device (e.g., all portions of either clutch 28 or 26);
the electric friction engaging device including:
a first clutch member (inner hub of either or both clutch, specifically portion of 24 supporting 28-2 or portion of 20 supporting 26-2);
a second clutch member (outer hubs of either or both clutch, specifically portion of 14 supporting 28-1 or 26-4) supported coaxially with the first clutch member and rotatably relative to the first clutch member;
a frictional engagement portion (plates of either or both clutch 26 or 28) having at least one first friction plate (26-2) and at least one second friction plate (26-1) supported displaceably relative to each other in an axial direction, provided between the first clutch member and the second clutch member, and configured to switch to a connected state (engaged state of either clutch) in which torque is transmitted between the first clutch member and the second clutch member by pressing the first friction plate and the second friction plate against each other (see FIG. 2 and/or paragraph [0060]), and switch to a disconnected state in which no torque is transmitted between the first clutch member and the second clutch member by releasing a force pressing the first friction plate and the second friction plate against each other;
a cam device (40 and 42-1a) having a drive cam (40) and a driven cam (42-1a) supported rotatably and displaceabley in the axial direction relative to the drive cam, and due to the driven cam being relatively displaced in a direction in which a distance in the axial direction from the drive cam increases as the drive cam rotates, pressing a piston member (34-1) in a direction that releases the force pressing the first friction plate and the second friction plate against each other; and
an electric actuator (32, 44, 46) having a shift motor (32) and a reduction gear (44, 46), the shift motor (32) rotationally driving the drive cam (40) through the reduction gear (44, 46);
the two-speed transmission being configured, based on switching between the connected state and the disconnected state of the frictional engagement portion, to switch between a high reduction ratio mode in which a reduction ratio between the input member and the output member is large, and a low reduction ratio mode in which the reduction ratio between the input member and the output member is small (see e.g., FIG. 2 and/or paragraphs [0058]-[0059]); and
the two-speed transmission capable of performing a function of, when the drive cam is rotationally driven by the shift motor through the reduction gear in order to switch the frictional engagement portion from the connected state to the disconnected state, detecting a phase in a rotational direction of the drive cam when an output torque or current value of the shift motor starts increasing at an increase rate equal to or higher than a first threshold value, as a piston touch point at which the elastic biasing member begins to be pressed in a direction that releases the force pressing the first friction plate and the second friction plate against each other, and/or a function of, when the drive cam is rotationally driven by the shift motor through the reduction gear in order to switch the frictional engagement portion from the connected state to the disconnected state, detecting the phase in a rotational direction of the drive cam, after exceeding the piston touch point, when the increase rate becomes equal to or less than a second threshold value, as a clutch touch point at which the force pressing the first friction plate and the second friction plate against each other becomes zero (see paragraph [0072] disclosing a position sensor of the motor 32 and other sensors and controls that relate to the position of the pusher 34 of both clutches); and
capable of performing a function of, when switching between the high reduction ratio mode and the low reduction ratio mode, adjusting an amount of rotation of the drive cam rotationally driven by the shift motor through the reduction gear based on the piston touch point and/or the clutch touch point.
Mori does not disclose an elastic biasing member provided between the first clutch member or the second clutch member and the frictional engagement portion, and elastically biasing the first friction plate and the second friction plate in directions to press against each other and that the disengaging movement of the cam, or that movement of the piston member (34-1) presses against the biasing member.
However, Yamamoto discloses a friction engagement portion/clutch pack (65, 66) that includes an elastic biasing member (68) between the actuator and clutch plate/friction engagement portion (see FIG. 5). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Mori to have added a spring between the movable actuator portion and the clutch pack in order to provide smoother engagement or to assist in return of the actuator during disengagement.
It is noted that the method of operating the two-speed transmission cannot patentably distinguish an otherwise structurally identical transmission (see MPEP 2114(II) discussing that an apparatus claim covers what the device is, not what the device does. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Claim 2
Mori does not disclose wherein the electric friction engaging device includes a return spring elastically biassing the first friction plate and the second friction plate in directions separating each other. However, Yamamoto discloses wherein the electric friction engaging device includes a return spring (70) elastically biasing the first friction plate and the second friction plate in directions separating each other (see FIG. 8 which is the same embodiment as FIG. 5, namely the “first example”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Mori to include return spring between the inner and outer clutch plates in order to prevent drag between the plates during a disengaged state.
Claim 3
Mori discloses a drive source (2) configured to rotationally drive the input member (2-1); and capable of performing a function of, by controlling output torque and rotational speed of the drive source, and rotational speed of the shift motor, switching from the high reduction ratio mode to the low reduction ratio mode while preventing rotational torque of the output member from changing discontinuously.
The method of operating the two-speed transmission cannot patentably distinguish an otherwise structurally identical transmission (see MPEP 2114(II) discussing that an apparatus claim covers what the device is, not what the device does. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Allowable Subject Matter
Claims 4-7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
With reference to the interpretation under 112(f) and also the specific combination of claim 4, the prior art does not disclose or render obvious a two-speed transmission comprising the structure of claim 4 including “a rotation transmission state switching device including a first member and a second member arranged coaxially with each other, and a mode selecting member that rotates or is displaced in the axial direction as the drive cam rotates, and having a free mode in which rotation of the first member with respect to the second member is allowed regardless of a relative rotational direction between the first member and the second member, and a lock mode in which rotation of the first member with respect to the second member is prevented regardless of the relative rotational direction between the first member and the second member; and the rotation transmission state switching device switching between the free mode and the lock mode based on rotation or displacement in the axial direction of the mode selecting member.”
The prior art does not disclose the combination of features including the cam actuator with the motor and reducer, the actuator engaging the friction plates, and the device that switches the rotation state between the free mode and lock mode that has the interrelated elements equivalent to Applicant’s elements 71, 72, 73, including the selectable pawls that can engage in one direction or both directions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2021/0231199 discloses a planetary transmission with a one-way clutch and a clutch that causes two way restriction of all members of the transmission. US 2021/0071741 discloses a planetary transmission with two clutches and an actuator for switching the state of the transmission.US 2024/0003390 discloses a cam actuator for a friction clutch that locks a planetary gearset.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM.
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/STACEY A FLUHART/Primary Examiner, Art Unit 3655