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 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 the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 6-9 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 6 recites the limitation “the rotary electric machine and the shaft have a portion configured to overlap in a radial direction of the second axis” in liens 12-13. The Examiner believes the application does not enable one of ordinary skill in the art to make use the invention in light of the above limitation.
The claim recites “a second gear configured to mesh with the first gear…the rotary electric machine and the first gear are arranged on a first axis, the second gear, the shaft, the first output end, and the second output end are arranged on a second axis.” The claim requires the first gear and the second gear to be located on separate axis, and they must also mesh with one another. It appears the Applicant is attempting to describe the embodiment shown in Fig. 5, where the two axis, C1 and C2, are overlapping and parallel with one another. In this instance, the other limitations of the claim would not be enabled.
Claim 8 recites a similar limitation in lines 12-13.
Claim 8 also appears to be disclose a method of manufacturing, but is missing essential details. For example, line 7 recites “a first step of preparing a unit” but only goes on to disclose what is included in the unit, not how to prepare the unit. One of ordinary skill in the art would not be able to follow the steps as disclosed to manufacture a vehicle.
Claim 9 has the step of “removing an internal combustion engine”. The claims have not established that an internal combustion engine was an essential element in the invention.
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) 6-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SAKURADA et al. (US 20210001713 A1).
Regarding claim 6, SAKURADA, as best understood by the Examiner, discloses a vehicle equipped with a unit, the unit including: a rotary electric machine (MOT); a first gear (21) connected downstream of the rotary electric machine; a second gear (22) configured to mesh with the first gear; and a shaft (50L, 50R) connected downstream of the second gear, wherein the shaft includes a first output end (50L) and a second output end (50R), the rotary electric machine and the first gear are arranged on a first axis, the second gear, the shaft, the first output end, and the second output end are arranged on a second axis, the second gear (22) is disposed to be sandwiched between the first output end and the second output end, the rotary electric machine and the shaft have a portion configured to overlap in a radial direction of the second axis, the vehicle includes a driving wheel (Fig. 5) connected downstream of the first output end and an auxiliary machine (25) connected downstream of the second output end, and the second gear is located on a first output end side.
Regarding claim 6, SAKURADA, as best understood by the Examiner the first gear and the second gear constitute a speed reduction mechanism.
Regarding claim 8, SAKURADA, as best understood by the Examiner, discloses a vehicle manufacturing method for manufacturing a vehicle (Fig. 5) which includes a first power transmission mechanism, a second power transmission mechanism, a driving wheel connected downstream of the first power transmission mechanism, and an auxiliary machine connected downstream of the second power transmission mechanism, and in which an input portion of the first power transmission mechanism and an input portion of the second power transmission mechanism are coaxially arranged, the vehicle manufacturing method comprising: a first step of preparing a unit which includes a rotary electric machine, a first gear connected downstream of the rotary electric machine, a second gear configured to mesh with the first gear, and a shaft connected downstream of the second gear, and in which the shaft includes a first output end and a second output end, the rotary electric machine and the first gear are arranged on a first axis, the second gear, the shaft, the first output end, and the second output end are arranged on a second axis, the rotary electric machine and the shaft have a portion configured to overlap in a radial direction of the second axis, and the second gear is disposed to be sandwiched between the first output end and the second output end; and a second step of mounting the unit such that the first output end is connected to the input portion of the first power transmission mechanism and the second output end is connected to the input portion of the second power transmission mechanism.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK D. KNIGHT whose telephone number is (571)272-7951. The examiner can normally be reached Telework: From 5:30am-1:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEREK D KNIGHT/Primary Examiner, Art Unit 3655
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