DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/24/26 has been entered.
Response to Arguments
Claims 1 and 4-10 are pending in the application. Claims 2 and 3 are cancelled.
Applicant's arguments have been fully considered but they are not persuasive.
-Applicant’s argument “that the combination of CN '377 and DE '381 fails to teach or suggest a power transmission device as claimed, including an optional shift provided on an input shaft and configured to selectively connect or disconnect a first optional gear or a second optional gear with respect to the input shaft to selectively transmit rotational force. The CN '377 elements 14b,14c cited in the Action as optional input shifts (as part of the optional input gear) are friction clutches (see, e.g., CN '377 page 5).”, has been acknowledged. However, it is noted that the features upon which applicant relies (i.e., structure of optional shift) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The originally filed specification doesn’t seem to detail the structure of the “optional shift” as recited (although there is mention of a dog clutch in paragraph [0009] not really pertaining to the present invention), so it maybe considered “new matter” for applicant to attempt to incorporate how the “optional shift” is structured or even how the “optional shift” isn’t structured (i.e., not as friction clutches as argued, see MPEP 2173.05(i) pertaining to negative limitations). Therefore, 14b and 14c in CN ‘377 can still be considered “an optional shift” that selectively connects or disconnects the first optional gear (via 14b) or the second optional gear (via 14c) to the input shaft as recited in claims 1 and 5.
-Applicant’s argument “that a person of ordinary skill in the art would not have had any reason to modify the CN '377 device to arrive at the claimed invention, even when considering DE '381., has been acknowledged. The examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it would have been obvious to a person of ordinary skill in the art to remove the engine clutch on CN ‘377 input shaft in view of what is shown in the transmission layout of DE ‘381 giving a reason to reduce the number of components needed for operation of transmission which also reduces weight and assembly cost of transmission.
Note: examiner suggest applicant (going forward in prosecution) focus on the driving modes described in originally filed disclosure pertaining to Figures 2-13 versus what is disclosed pertaining to driving modes described in the prior art used in the rejections. Examiner isn’t suggesting any possible “allowability” pertaining to the driving modes, but offering potential options for overcoming the current rejections (if there are any).
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) 1 and 4-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 209008377 (IDS cited with machine translation) in view of DE
102021106381 (previously cited with machine translation). As to claim 1, CN
discloses a power transmission device for a hybrid vehicle comprising: an engine (11) configured to generate power; an input (via 13) connected with the engine and configured to provide two-speed power with different gear ratios (via 15a, 15b); a first motor generator (17) driven when power is applied; a first transmission (172, 132) connected with the first motor generator, positioned parallel to the input, and configured to transmit power to the input; an output (16) engaged with the input; a second motor generator (18) driven when power is applied; a second transmission (182, 161) connected with the second motor generator, positioned parallel to the output, and configured to transmit power to the output; and a differential (19) engaged with the output and configured to provide power to wheels; wherein the input comprises an input shaft (13) connected with the engine; a constant input gear (132) constantly connected with the input shaft and engaged with the first transmission (via gear engaged to 172); and an optional input gear (15a) optionally connected (via 14b) with the input shaft and engaged with the output (via 161); wherein the optional input gear is disposed closer to the engine than is the constant input gear (15a is closer to 11 than 132), wherein the optional input gear is disposed closer to the engine than is the first transmission (15a is closer to 11 than 132/172); wherein the optional input gear comprises a first optional gear (15a) concentrically positioned with the input shaft and engaged with the output (via 161); a second optional gear (15b) concentrically positioned with the input shaft, engaged with the output (via 163), and configured to have a different gear ratio than the first optional gear; and an optional shift (14b, 14c) provided on the input shaft and configured to selectively connect or disconnect the first optional gear (via 14b) or the second optional gear (via 14c) with respect to the input shaft to selectively transmit rotational force, and wherein the output comprises: an output shaft (16) positioned between the input and the second transmission; and an output differential gear (162) provided on the output shaft and connected with the differential (via 191). However, CN doesn't disclose wherein the input comprises an input shaft directly connected with the engine and wherein the input shaft is free from any clutch connecting engine power to the input shaft.
DE discloses a power transmission device for a hybrid vehicle comprising: an engine (3) configured to generate power; an input (via 11, 19, 21) connected with the engine and configured to provide two-speed power with different gear ratios (via 16 and 17); a first motor generator (4) driven when power is applied; a first transmission (9, 12) connected with the first motor generator, positioned parallel to the input, and configured to transmit power to the input; an output (9, 10, 18, 20, 24) engaged with the input; a second motor generator (7) driven when power is applied; a second transmission (13, 23) connected with the second motor generator, positioned parallel to the output, and configured to transmit power to the output; and a differential (5) engaged with the output and configured to provide power to wheels; and shows that it is well known in the art to have the input comprise an input shaft (11) directly connected with the engine and wherein the input shaft is free from any clutch (as shown in Figure 2); a constant input gear (19) constantly connected with the input shaft and engaged with the first transmission (via 9); and an optional input gear (21) optionally connected (via 16) with the input shaft and engaged with the output (via 18); wherein the optional input gear is disposed closer to the engine than is the constant input gear (Figure 3 shows 21 is closer to 3 than 19), wherein the optional input gear is disposed closer to the engine than is the first transmission (Figure 3 shows 21 is closer to 3 than 9, 12); and an
optional shift (16) provided on the input shaft and optionally engaged with the first optional gear.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to remove the engine connecting clutch on input shaft in CN in view of DE to reduce number of components needed for operation of transmission which also reduces associated weight and assembly cost of transmission.
As to claim 4, CN discloses wherein the first transmission comprises a first transmission shaft (171) connected with the first motor generator and positioned parallel to the input shaft; and a first transmission gear (172) provided on the first transmission shaft and engaged with the constant input gear (132).
As to claim 5, CN discloses a power transmission device for a hybrid vehicle comprising: an engine (11) configured to generate power; an input (via 13) connected with the engine and configured to provide two-speed power with different gear ratios (via 15a, 15b); a first motor generator (17) driven when power is applied; a first transmission (172, 132) connected with the first motor generator, positioned parallel to the input, and configured to transmit power to the input; an output (16) engaged with the input; a second motor generator (18) driven when power is applied; a second transmission (182, 161) connected with the second motor generator, positioned parallel to the output, and configured to transmit power to the output; and a differential (19) engaged with the output and configured to provide power to wheels; wherein the input
comprises an input shaft (13) connected with the engine; a constant input gear (132) constantly connected with the input shaft and engaged with the first transmission (via gear engaged to 172); and an optional input gear (15a) optionally connected (via 14b) with the input shaft and engaged with the output (via 161); wherein the optional input gear is disposed closer to the engine than is the constant input gear (15a is closer to 11 than 132), wherein the optional input gear is disposed closer to the engine than is the first transmission (15a is closer to 11 than 132/172); wherein the optional input gear comprises a first optional gear (15a) concentrically positioned with the input shaft and engaged with the output (via 161); a second optional gear (15b) concentrically positioned with the input shaft, engaged with the output (via 163), and configured to have a different gear ratio than the first optional gear; and an optional shift (14b, 14c) provided on the input shaft and configured to selectively connect or disconnect the first optional gear (via 14b) or the second optional gear (via 14c) with respect to the input shaft to selectively transmit rotational force, wherein the output comprises: an output shaft (16) positioned between the input and the second transmission; a first output transmission gear (161) provided on the output shaft and configured to connect the second transmission with one of the first optional gear and the second optional gear; a second output transmission gear (163) provided on the output shaft and connected with the other one of the first optional gear and the second optional gear; and an output differential gear (162) provided on the output shaft and connected with the differential (via 191). However, CN doesn't disclose wherein the input comprises an input shaft directly connected with the engine and wherein the input shaft is free from any clutch connecting engine power to the input shaft.
DE discloses a power transmission device for a hybrid vehicle comprising: an engine (3) configured to generate power; an input (via 11, 19, 21) connected with the engine and configured to provide two-speed power with different gear ratios (via 16 and 17); a first motor generator (4) driven when power is applied; a first transmission (9, 12) connected with the first motor generator, positioned parallel to the input, and configured to transmit power to the input; an output (9, 10, 18, 20, 24) engaged with the input; a second motor generator (7) driven when power is applied; a second transmission (13, 23) connected with the second motor generator, positioned parallel to the output, and configured to transmit power to the output; and a differential (5) engaged with the output and configured to provide power to wheels; and shows that it is well known in the art to have the input comprise an input shaft (11) directly connected with the engine and wherein the input shaft is free from any clutch (as shown in Figure 2); a constant input gear (19) constantly connected with the input shaft and engaged with the first transmission (via 9); and an optional input gear (21) optionally connected (via 16) with the input shaft and engaged with the output (via 18); wherein the optional input gear is disposed closer to the engine than is the constant input gear (Figure 3 shows 21 is closer to 3 than 19), wherein the optional input gear is disposed closer to the engine than is the first transmission (Figure 3 shows 21 is closer to 3 than 9, 12); and an optional shift (16) provided on the input shaft and optionally engaged with the first optional gear.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to remove the engine connecting clutch on input shaft in CN in view of DE to reduce number of components needed for operation
of transmission which also reduces associated weight and assembly cost of transmission.
As to claim 6, CN discloses wherein the second transmission comprises: a second transmission shaft (181) connected with the second motor generator (18) and positioned parallel to the input shaft; and a second transmission gear (182) provided on the second transmission shaft and engaged with the first output transmission gear.
As to claim 7, CN discloses wherein the differential comprises: a differential gear (191) configured to provide power to the wheels; and a differential (19) connection provided on the differential gear and engaged with the output differential gear (162).
As to claim 8, CN discloses wherein the first transmission comprises: a first transmission shaft (171) connected with the first motor generator (17) and positioned parallel to the input shaft; and a first transmission gear (172) provided on the first transmission shaft and engaged with the constant input gear (132).
As to claim 9, CN discloses wherein the output further comprises a first output transmission gear (161) provided on the output shaft (16) and configured to connect the second transmission with one of the first optional gear and the second optional gear, and wherein the second transmission comprises: a second transmission shaft (181) connected with the second motor generator (18) and positioned parallel to the input
shaft; and a second transmission gear (182) provided on the second transmission shaft and engaged with the first output transmission gear (161).
As to claim 10, CN discloses wherein the differential comprises: a differential gear (191) configured to provide power to the wheels; and a differential (19) connection provided on the differential gear and engaged with the output differential gear (162).
Conclusion
There is no additional prior art made of record and relied upon as the examiner considers the prior art used in the rejections above (and in previous rejections and prior art cited) the most pertinent to applicant’s disclosure.
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 July 11, 2026
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