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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “gearwheel” on the outer side of the drum must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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 28, 29, 31-33, 35-47 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 28 recites (with clarity added in brackets based on other claim language) “provided within the drive unit [which is formed of a driven drum] is a motor and the outer side of the driven drum is formed as a smooth drum and a gearwheel.” Based on the references used in the claim of 11, 13, and 15, the figures illustrate gearwheels inside of the smooth drum (5). It is unclear if this means that the reference numbers in the claim are incorrect and a gearwheel is also formed on the outside of the driven drum (which is not illustrated in the drawings), or if the claim language is incorrect and the outer side is not also formed with a gearwheel. In addition, if the gearwheel referred to as part of the outer side of the driven drum includes references 11, 13 and/or 15, it is unclear if this is part of the recited single-stage transmission or planetary transmission.
Claim 41 recites “optionally.” This is indefinite because it is unclear whether the feature(s) recited after the word “optionally” are positive recitations.
Claim 42 recites that an axle suspension is "of the body of the driven drum." This is confusing. The axle suspension is a suspension of the axle and is known in the art as providing a connection between the axle and frame with relative movement therebetween. The body of the drum does not typically have its own suspension and it is unclear what this may entail.
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 person shall be entitled to a patent unless –
(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) 28, 29, 31-32, 36, and 40-41 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zheng (CN 201869076U).
Claim 28
Zheng discloses a drive unit in the form of a driven drum, characterized in that
provided within the drive unit is a motor (13 and all parts of 5) and the outer side (outer
side or surface of 5a) is formed as a smooth drum (see FIG. 1 illustrating the outer
surface as a smooth drum shape) and a gearwheel (7), further comprising a single-stage transmission or a planetary transmission (e.g., 8, 9, 9a, 10), arranged at the end of a motor axle (2), wherein the motor axle (2) is configured to be mounted at one end (left end in FIG. 1) of the drive unit.
Claim 29
Zheng discloses the motor is configured as a drum motor, or a geared motor
(FIG. 1 illustrating a drum and also a planetary gearset satisfying both alternatives).
Claim 31
Zheng discloses the ratio of drum width axial to drum diameter is less than 2
(see FIG. 1 illustrating the drum axial length being less than the diameter).
Claim 32
Zheng discloses the motor axle (2) is of hollow configuration (see FIG. 1 illustrating the motor as a hollow component over shaft 1).
Claim 36
Zheng discloses wherein the transmission comprises a plurality of gearwheels
(e.g., 9, 9a, 11) operating in parallel (see all of the gears making up the planetary
gearset in the same plane, parallel to one another).
Claim 40
Zheng discloses thermal insulation provided between the hollow axle (e.g. 2) and
drum (5a), or comprising a closure cover (5b) configured to close the side of
the drum (5) remote from the motor axle (2) (see FIG. 1 illustrating air between these
two elements). A space or layer of air is a well-known thermal insulator.
Claim 41
Zheng discloses a stub shaft (11 or alternatively inside shaft portion of 5b)
arranged on the side of the drum (5) remote (to the right in FIG. 1) from the motor axle
(2) and optionally comprising drive take-off devices (9a) and/or support bearings on the
stub shaft.
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) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Firor et al. (US 2021/0123503; hereinafter "Firor").
Claim 33
Zheng does not disclose an angle measuring device arranged in the motor axle. However, Furor discloses an angle measuring device (70, 74) arranged in the motor axle (44) (see paragraph [0091]). 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 Zheng to include an angle measuring device in the motor axle unit (it is noted that motor axle is not structurally defined beyond this term) in order to provide better controls.
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Li et al. (CN 218863063U; hereinafter "Li").
Claim 35
Zheng does not disclose wherein the transmission is of self-locking configuration and/or a motor brake is provided. However, Li discloses wherein a motor brake (14) is provided (see FIGS. 2-5). 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 Zheng to include a brake for the motor in order to stop rotation of the motor when no rotation is desired such as during a parking state.
Claim(s) 37 and 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Takeuchi et al. (JP 2001173762 A; hereinafter "Takeuchi").
Claim 37
Zheng does not disclose an axle suspension that projects at one side or at multiple sides radially beyond the drum diameter, and comprising a flange plate (1, 19) for securing the axle suspension is provided. However, Takeuchi discloses an axle suspension (7) that projects at one side [or at multiple sides] radially beyond the drum diameter (see FIG. 1 illustrating the suspension 7 extending above the diameter of the motor and/or rotor drum). 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 Zheng to include a suspension that is large, and specifically larger than the motor, in order to provide damping to the vehicle to which the motor provides drive.
Claim 43
Zheng does not disclose a seal between the drum and axle suspension. However, Takeuchi discloses a seal (16) (axially and/or radially) between a drum (13 or 15) and a suspension (7) (see FIG. 1). 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 Zheng to include sealed ventilation holes and a suspension in the arrangement as disclosed by Takeuchi in order to provide a smoother ride and/or ventilation of the housing.
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Takeuchi et al. (US 2012/0074820; hereinafter "Takeuchi").
Claim 38
Zheng discloses what appear to be electrical lines (see FIG. 1 left side) however it is not clear whether these are only feasibly electrical lines rather than another type of line. As such, Zheng does not necessarily disclose feed and discharge lines of the motor (6) configured to lead laterally beyond the axle. The feed and discharge lines are interpreted as the electrical energy lines of the motor in view of the specification. However, discloses Takeuchi discloses feed and discharge lines (25) of the motor (123, 125) configured to lead laterally beyond the axle (see FIG. 3). 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 Zheng to include feed and discharge lines that lead laterally beyond the axle in order to supply power to the motor from a source that is at a distance away from the motor which increase the design options.
Claim(s) 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Kimura et al. (WO 2010/029623; hereinafter "Kimura").
Claim 39
Zheng does not disclose heat conducting devices, heat pipes for conducting away heat that is generated. However, Kimura discloses heat conducting devices (see e.g., Abstract, "heat pipe" and "radiating fins"), particularly heat pipes for conducting away heat that is generated (see Abstract). 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 Zheng to include heat pipes and/or radiating fins in order to avoid damage to the motor due to overheating.
Claim(s) 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Roger Fagel (US 3,404,747).
Claim 42
Zheng does not disclose that ventilation is realized via the axle suspension of the drum body. However, Roger Fagel discloses that ventilation may be provided through the axle suspension (e.g., 10 and 11) that then vents air into the motor housing (motor 3 inside housing 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 Zheng to include an axle suspension and also ventilation of the motor realized via the axle suspension, which ultimately also supports the drum body, in order to provide a smoother ride for the vehicle and also to cool or ventilate the motor.
Allowable Subject Matter
Claims 44-47 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 claim 44, the prior art does not disclose or render obvious a combination of a plurality of drive units of claim 28, characterized in that individual drive units are securable to a bracket by means of a defined interface with respect to mechanical securing, energy supply, lubricant supply and heat dissipation and thus form a combination of several the plurality of drive units. The prior art which includes more than one drive unit combined together does not secure all of those drive units to a bracket by all of mechanical securing, energy supply, lubricant supply and heat dissipation.
Response to Arguments
Applicant's arguments filed December 11, 2025 have been fully considered and are partially persuasive (with regard to some of the drawing objections and rejection sunder 112(b) and partially not persuasive.
The amendments to claims to delete the pulleys assists in overcoming the rejection under 112(b). However, the phrasing of claim 28 remains unclear. In addition, the drawings still do not include the gearwheel that is part of the outer side of the drum. The amendments to claims 28, 31, 38, 39, 40, 44, and 47 overcome the prior rejection related to the claim language of claims 31, 32, 38-41, 44, and 47. Claims 41, remain rejected under 112(b) as noted above.
With regard to the rejections under 102 and 103, Applicant argues generally that the references do not disclose a motor and gearwheel as recited. However, no specific arguments are made to address. As such, the rejections have been maintained.
Conclusion
To the extent the rejections are considered new rejections, Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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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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/STACEY A FLUHART/Primary Examiner, Art Unit 3655