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 .
Drawings
The drawings are objected to because:
“wheel on wheel flange” (no drawing shows a wheel on wheel flange, and no reference character is assigned to a wheel).
12 “axle carrier” and 18 “tubular component” and associated portions thereof e.g. 12a, 12b, 18a, 18b longitudinal end regions, are shown in drawings, but refer to the same part(s).
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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "12, 12a, 12b, 12c, 12d, 12e, 12f and "18, 18a, 18b, 18c, 18d, 18e, 18f " have both been used to designate the axle carrier that is a tubular component, but is a single part. 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. 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.
Specification
The disclosure is objected to because of the following informalities: 12 “axle carrier” and 18 “tubular component” are recited throughout specification with associated portions e.g. 12a, 12b, 18a, 18b longitudinal end regions, and these reference characters are shown in drawings. However these are the same parts, in that the axle carrier is formed from a tubular component, but 12 “axle carrier” and 18 “tubular component” are not separate parts, but the same part.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
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.
Claims 15-32 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.
Regarding Claim 15, the recitation in lines 17-18 ”wherein the axle carrier has a dropped tubular component, which is continuous from its one longitudinal end region to its other longitudinal end region” is indefinite, because it implies the axle carrier and the tubular component are separate parts, or that the tubular component is part of the axle carrier. In fact they refer to the same part (specification pages 12 para 6 beginning “The axle carrier 12…”, through Page 14 Par 2 beginning “The mentioned regions…”). It is suggested by the examiner that the recitation be changed to: “wherein the axle carrier is formed as a dropped tubular component, which is continuous from its one longitudinal end region to its other longitudinal end region”.
Regarding Claim 16, recites ”the longitudinal end regions of the tubular component are also the longitudinal end regions of the axle carrier and/or that the drop region of the axle carrier is a drop region of the tubular component”, which is not a limit of the invention but merely a statement as to the nomenclature redundantly referring to a part with two names. It is suggested by the examiner that claim 16 be deleted, as it does not further limit claim 15, therefore Claim 16 and 17 will not be examined, since Claim 17 is the same as claim 18, depending from claim 15.
Regarding claims 20 the recitation of “the tubular component of the axle carrier” is indefinite, because it is confusing, because the entire axle carrier has been described as a tubular component (See specification pages 12-13, and paragraph 7 of this document). It is suggested by the Examiner that “tubular component of” be deleted from line 3 and It is further suggested that the recitation of “the tubular component extends along its path” in line 5 of claim 20 be changed to “the cross-sectional shape is defined along a path”, and the recitations of “the tubular component extends along its path” in lines 8 and 11 of claim 20 be changed to “the cross-sectional shape is defined along the path”, for greater clarity.
Regarding Claim 21, the recitation in line 1 “the electric functional module” is indefinite because it is unclear if it is the same as the electromechanical functional module recited in line 7 of claim 15. For the purposes of examining Examiner has interpreted it to be the same, and suggests the recitation of claim 21 be changed to the electromechanical functional module for clarity.
Regarding claims 20, 21, 22, 24, 25 and 26 the recitation of “the tubular component of the axle carrier” is indefinite, because it is confusing, because the entire axle carrier has been described as a tubular component (See specification pages 12-13, and paragraph 7 of this document). It is suggested by the Examiner that “tubular component of” be deleted from claims 21, 22, 24, 25 and 26. It is suggested by the Examiner that the recitation of tubular component in claim 20 be changed to “the cross-sectional shape”.
Regarding claims 31 and 32, the recitation in lines 3-6 “and/or that one of the electromechanical functional modules is transferable into the respective other electromechanical functional module by rotating it through 1800 about an axis of symmetry orthogonal to the axial direction of the rigid axle and by translational displacement.” is indefinite describing the electromechanical functional module rotates or translates. Specification page 14, last paragraph explains the symmetry is mirror symmetric sufficiently, and the addition of lines 3-6, confuse and imply with action wording that the electromechanical functional module is rotationally and translationally moveable. It is suggested by the Examiner to delete all of the recitation of lines 3-6 beginning with and/or.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use
A person shall be entitled to a patent unless –
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.
Claim(s) 15, 18-23, 27 and 32 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO-2019003926-A1 to Shibata (“Shibata”).
Regarding Claim 15, Shibata discloses a rigid axle (28) for a motor vehicle (Abstract), comprising an axle carrier (with inside 55 “hollow portion”, formed by: first hollow members: 14a, 14b; second hollow members: 48 right 48 left; and central 18 “pipe”, where said parts are integrally formed except for weld between 18 and 14a, 14b; Figs 1,), on each of the axial longitudinal end regions (outermost ends of 14a, 14b Fig 1) of which, their distance from each other defining an axial direction of the rigid axle (Fig 1), one wheel hub assembly is arranged, wherein each wheel hub assembly (20a, 20b) has a wheel flange (20a, 20b “hubs” connected to 6a, 6b “drive shafts” known in art to have tires mounted upon wheel flanges) that is rotatable (via bearings (not shown) ET Page 4, Para 6 beginning “The outer ends of the drive…”) relative to the axle carrier, wherein each wheel flange is designed for the non-rotatable fixation of a wheel (8a, 8b, Fig 1) on the wheel flange, wherein the axle carrier is dropped in a drop region (18 and 14a, 14b; Figs 1, 2 show axle 28 having a shape is curved down in center and arcs upward at ends known in the art as a dropped axle, with a drop region) located axially between (Fig 1) its longitudinal end regions, wherein at least one electromechanical functional module (2 “motor”, 4 “power transmission system” with reduction gears, differential gears ET Page 2, Para 5 beginning “A motor 2 as a …”) with at least one electrical energy converter machine (4 “power transmission system”) is arranged in the drop region (Fig 2), which is connected to (ET Page 4, Para 6 beginning “The outer ends of the drive…”) at least one wheel flange for transmitting a rotary motion between the energy converter machine and the at least one wheel flange, so that the electrical energy converter machine can be used as at least one of the two functional units mentioned below:
i) as an electromotive drive unit (2 “motor”) for transmitting torque from the energy converter machine to the at least one wheel flange, (as motors implicitly do) and
ii) as a generator induction unit (4 “power transmission system”) for generating electrical energy by transmitting torque from the at least one wheel flange to the energy converter machine, wherein the axle carrier wherein the axle carrier is formed as a dropped tubular component (“hollow structure” comprised by 18, 14a, 14b, and 48 right and left, as described above and in ET Abstract), which is continuous (Fig 1 ,2) from its one longitudinal end region to its other longitudinal end region.
Regarding Claim 18, Shibata discloses the rigid axle as recited in Claim 15, wherein the longitudinal end regions (outermost ends of 14a, 14b Fig 1) of the axle carrier are coaxial with respect to a common first extension axis (rotational centerline through 6a, 6b “drive shafts”, and 20a, 20b “hubs”, Fig 1) on the axle carrier, wherein the drop region extends along the first extension axis at a distance from it, and wherein between each longitudinal end region and the drop region the axle carrier has respectively one tubular connecting region (second hollow members: 48 right 48 left) connecting (Fig 2) the longitudinal end region with the drop region. (for strikeout see paragraph 9 of this document).
Regarding Claim 19, Shibata discloses the rigid axle as recited in Claim 18, wherein the drop region has a straight section (central 18 “pipe”) extending along a second extension axis (centerline of 18, Fig 1) parallel to the first extension axis and at a distance from it.
Regarding Claim 20, Shibata discloses the rigid axle as recited in Claim 15, wherein the wheel flanges are arranged on the axle carrier so as to be rotatable on bearings about a common wheel flange axis of rotation (centerline of hubs 20a, 20b), wherein
a) the cross-sectional shape is defined
b) the cross-sectional shape is defined
c) the cross-sectional shape is defined
Regarding Claim 21, Shibata discloses the rigid axle as recited in Claim 15, wherein the electromechanical functional module is connected in torque-transmitting fashion to the at least one wheel flange by way of a drive shaft (6a, 6b “drive shaft” as described in paragraph 16 of this document), wherein the a feed-through opening (opening at 14a, 14b where 6a, 6b enter Fig 2) passing through the wall of the tubular component, through which the drive shaft extends (for strikeout font see paragraph 11 and 12 of this document)
Regarding Claim 22, Shibata discloses the rigid axle as recited in Claim 21, wherein the rigid axle has a link arm (16a, 16b “leaf springs”, ET Page 3 Para 3 beginning “The saddles 14a ...” last para Page 3, Fig 1) connected to the axle carrier and extending transversely to the axle carrier, wherein the feed-through opening is formed on the in the region of the connection of the axle carrier with the link arm (Fig 1) (for strikeout font see paragraph 12 of this document).
Regarding Claim 23, Shibata discloses the rigid axle as recited in Claim 22, wherein the link arm is connected to the axle carrier by at least two fastening means (four U bolts, two per link arm 16a, 16b, ET Page 3 Para 3 beginning “The saddles 14a ...” Fig 1) arranged in the axial direction of the rigid axle at a distance (16a, 16b have an axial distance between, thus U-bolts for each do as well, Fig 1) from one another, wherein the feed-through opening is formed between (Fig 1) the two fastening means.
Regarding Claim 27, Shibata discloses the rigid axle as recited in Claim 15, wherein the electromechanical functional module comprises a gear unit (as described in paragraph 16 of this document), which is coupled on the input side in torque-transmitting fashion to the electrical energy converter machine and on the output side is coupled in torque-transmitting fashion to the at least one wheel flange.
Regarding Claim 32, Shibata discloses the rigid axle as recited in Claim 15, wherein it has a control unit (implicitly part of 2 “motor” described in paragraph 16 of this document) electrically connected to the at least one electrical energy converter machine and/or
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.
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.
Claim(s) 24, 25 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO-2019003926-A1 to Shibata as applied to claim15 above, and further in view of US-8579307-B2 to Buschjohann (“Buschjohann”).
Regarding Claim 24, Shibata discloses the rigid axle as recited in Claim 23, but does not disclose wherein a cover component is arranged on the the feed-through opening (described in paragraph 20 of this document) and at an axial distance from the feed-through opening has a passage opening that is collinear with the feed-through opening, wherein the drive shaft also extends through the passage opening (for strikeout font see paragraph 12 of this document).
Buschjohann discloses a cover component (34 “bellows”) is arranged between an axle (12 “front axle support”, Fig 1) received in a tubular component (10a” tubular hollow body” of 10 “steering housing”), wherein the cover component covers the feed-through opening (at each end of 10a, Fig 1) and at an axial distance (Fig 3) from the feed-through opening has a passage opening (Fig 3) that is collinear with the feed-through opening.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the rigid axle and the cover component arranged on the tubular component of the axle carrier, to cover the feed-through opening and at an axial distance from the feed-through opening with a passage opening collinear with the feed-through opening, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the rigid axle of Shibata and the teaching of the cover component arranged on the tubular component of the axle carrier, to cover the feed-through opening and at an axial distance from the feed-through opening with a passage opening collinear with the feed-through opening, wherein the drive shaft also extends through the passage opening of Buschjohann, to modify the rigid axle (of Shibata) such that it includes a cover component arranged on the tubular component of the axle carrier, to cover the feed-through opening and at an axial distance from the feed-through opening with a passage opening collinear with the feed-through opening, and such that the drive shaft (of Shibata) also extends through the passage opening the with the motivation to protect the “joint” (Buschjohann Col 14, lines 1-2) [i.e. protect the shaft inside the tubular opening from dirt and environmental factors, having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 25, Shibata discloses the rigid axle as recited in Claim 21, but does not disclose wherein a cover component is arranged on the feed-through opening (described in paragraph 20 of this document) and at an axial distance from the feed-through opening has a passage opening that is collinear with the feed-through opening, wherein the drive shaft also extends through the passage opening (for strikeout font see paragraph 12 of this document).
Buschjohann discloses a cover component (34 “bellows”) is arranged between an axle (12 “front axle support”, Fig 1) received in a tubular component (10a” tubular hollow body” of 10 “steering housing”), wherein the cover component covers the feed-through opening (at each end of 10a, Fig 1) and at an axial distance (Fig 3) from the feed-through opening has a passage opening (Fig 3) that is collinear with the feed-through opening.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the rigid axle and the cover component arranged on the tubular component of the axle carrier, to cover the feed-through opening and at an axial distance from the feed-through opening with a passage opening collinear with the feed-through opening, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the rigid axle of Shibata and the teaching of the cover component arranged on the tubular component of the axle carrier, to cover the feed-through opening and at an axial distance from the feed-through opening with a passage opening collinear with the feed-through opening, wherein the drive shaft also extends through the passage opening of Buschjohann, to modify the rigid axle (of Shibata) such that it includes a cover component arranged on the tubular component of the axle carrier, to cover the feed-through opening and at an axial distance from the feed-through opening with a passage opening collinear with the feed-through opening, and such that the drive shaft (of Shibata) also extends through the passage opening the with the motivation to protect the “joint” (Buschjohann Col 14, lines 1-2) [i.e. protect the shaft inside the tubular opening from dirt and environmental factors, having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 26, Shibata discloses the rigid axle as recited in Claim 22, but does not disclose wherein a cover component is arranged on the feed-through opening (described in paragraph 20 of this document) and at an axial distance from the feed-through opening has a passage opening that is collinear with the feed-through opening, wherein the drive shaft also extends through the passage opening (for strikeout font see paragraph 12 of this document).
Buschjohann discloses a cover component (34 “bellows”) is arranged between an axle (12 “front axle support”, Fig 1) received in a tubular component (10a” tubular hollow body” of 10 “steering housing”), wherein the cover component covers the feed-through opening (at each end of 10a, Fig 1) and at an axial distance (Fig 3) from the feed-through opening has a passage opening (Fig 3) that is collinear with the feed-through opening.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the rigid axle and the cover component arranged on the tubular component of the axle carrier, to cover the feed-through opening and at an axial distance from the feed-through opening with a passage opening collinear with the feed-through opening, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the rigid axle of Shibata and the teaching of the cover component arranged on the tubular component of the axle carrier, to cover the feed-through opening and at an axial distance from the feed-through opening with a passage opening collinear with the feed-through opening, wherein the drive shaft also extends through the passage opening of Buschjohann, to modify the rigid axle (of Shibata) such that it includes a cover component arranged on the tubular component of the axle carrier, to cover the feed-through opening and at an axial distance from the feed-through opening with a passage opening collinear with the feed-through opening, and such that the drive shaft (of Shibata) also extends through the passage opening the with the motivation to protect the “joint” (Buschjohann Col 14, lines 1-2) [i.e. protect the shaft inside the tubular opening from dirt and environmental factors, having an expectation of equivalent function and a reasonable expectation of success.
Claim(s) 28, 29, 30, 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO-2019003926-A1 to Shibata as applied to claim 15 above, and further in view of WO-2019128188-A to Ma (“Ma”).
Regarding Claim 28, Shibata discloses the rigid axle as recited in Claim 15 wherein for each wheel flange of the wheel hub assemblies arranged in different longitudinal end regions of the axle carrier respectively, but does not disclose one electromechanical functional module with respectively one electrical energy converter machine is arranged in the drop region, wherein each electrical energy converter machine is connected to the respective wheel flange for transmitting a rotary motion between the energy converter machine and a wheel flange of another wheel hub assembly.
Ma (FOR O: English Translation “ET”, Pages 1-91, Figs 1-16, specifically see pages 8-9, Fig 5, 6) discloses each wheel flange of the wheel hub assemblies (30, 40 Fig 5 show tires upon wheels, that would implicitly be attached to wheel flanges to axle), arranged in different longitudinal end regions (each inboard/outboard end, Fig 5) of the axle carrier (24 “axle housing” with two 23 “half shaft axles” Fig 5) respectively one electromechanical functional module (electromechanical energy conversion apparatus including 70 “motor” with 74 “stator” and 75 ”rotor”, capable of rotating to drive the wheels or generate electricity and allowing each wheel to be independently controlled, Page 8 last para, Page 9 top para beginning “The relationship between…”) , Page 8 last para beginning “the relationship between the motor…”) with respectively one electrical energy converter machine , wherein each electrical energy converter machine is connected to the respective wheel flange for transmitting a rotary motion between the energy converter machine and a wheel flange of another wheel hub assembly (each 70 motor located at center junction of 23 half shafts, and attached to respective wheels 30, 40, Fig 5).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the rigid axle and the electromechanical functional module including two electrical energy converter machines connected to the respective wheel flanges for transmitting a rotary motion between the energy converter machine and a wheel flanges of each wheel hub assembly, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined disclose the rigid axle of Shibata and the teaching of the electromechanical functional module including two electrical energy converter machines connected to the respective wheel flanges for transmitting a rotary motion between the energy converter machine and a wheel flanges of each wheel hub assembly of Ma, to modify the rigid axle such that includes two electrical energy converter machines connected to the respective wheel flanges for transmitting a rotary motion between the energy converter machine and a wheel flanges of each wheel hub assembly (like Ma), such that both are located centrally between the stub axles, in the drop region, with the motivation to enable each wheel to be controlled independently, (Ma Page 8 last para, Page 9 top para beginning “The relationship between…”), having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 29, the combination of Shibata and Ma discloses the rigid axle as recited in Claim 28, wherein each of the electrical energy converter machines is capable of being operated independently of the operating state of the respective other electrical energy converter machine (as described in previous paragraph of this document).
Regarding Claim 30, the combination of Shibata and Ma discloses the rigid axle as recited in Claim 29, wherein the axle body is mirror-symmetrical with respect to its axial center (Shibata Figs 1 and 2 show mirror symmetry of the axle body)
Regarding Claim 31, the combination of Shibata and Ma rigid axle as recited in Claim 28, wherein the axle body is mirror-symmetrical with respect to its axial center (Shibata Figs 1 and 2 show mirror symmetry of the axle body)
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Shibata (JP- 2019206274-A) discloses a dropped rigid axle with motor and power transmission in drop region; Ogiso (JP-H07232524-A) discloses a drive axle with a link arm.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVA LYNN COMINO whose telephone number is (571)270-5839. The examiner can normally be reached M-F 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joe Morano can be reached at 571-272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
Prosecution Insights