DETAILED CORRESPONDENCE
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 .
Response to Amendment
The amendment filed 07/31/2026 has been entered. Claims 1-20 remain pending in the application.
Claim Objections
Claims 1, 10, 12 and 17-18 are objected to because of the following informalities:
Claim 1 line 8 reads “input shaft”, --input shaft;-- is suggested.
Claim 10 lines 1-2 read “further comprising a differential assembly rotationally”, --wherein the differential assembly is rotationally-- is suggested.
Claim 12 line 8 reads “gear a first”, --gear; a first-- is suggested.
Claim 12 lines 11-12 read “input shaft a second”, --input shaft; a second-- is suggested.
Claim 17 lines 4-5 read “a differential”, --the differential-- is suggested.
Claim 18 lines 1-2 read “further comprising a differential assembly rotationally”, --wherein the differential assembly is rotationally-- is suggested.
Appropriate correction is required.
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)(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.
(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) 1, 4-13 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Ghatti (US 10989288 B1).
Regarding claim 1, Ghatti discloses an electric vehicle (EV) gearbox assembly (see Fig. 1), comprising: an electric motor (22); an input shaft (26), coupled with the electric motor and rotationally driven by the electric motor, having an input shaft gear (92) concentric with and coupled to the input shaft; at least one speed gear (112) rotationally driven by the input shaft gear; a first countershaft (110) carrying the at least one speed gear that is concentric with the first countershaft and in rotational engagement with the input shaft gear, the first countershaft having a radially offset arrangement with respect to the input shaft; a first countershaft gear (114) concentric with and coupled to the first countershaft; a second countershaft (72) situated rotationally downstream of the first countershaft, the second countershaft having a radially offset arrangement with respect to the first countershaft and having a concentric arrangement with respect to the input shaft; a second countershaft gear (94), concentric with and coupled to the second countershaft, in rotational engagement with the first countershaft gear; and a third countershaft gear (24), rotationally engaging the second countershaft gear, wherein the third countershaft gear is configured to meshingly engage with a ring gear (132) of a differential assembly (30) and rotate about an axis (60) that is coaxial with the input shaft (see Fig. 1).
Regarding claim 4, Ghatti discloses the second countershaft (72) is rotationally driven by the first countershaft (110) via the second countershaft gear (94).
Regarding claim 5, Ghatti discloses the second countershaft gear (94) and the at least one speed gear (112) have a radially offset arrangement with respect to each other (see Fig. 1).
Regarding claim 6, Ghatti discloses the first countershaft gear (114) and the at least one speed gear (112) have an axially offset arrangement with respect to each other (see Fig. 1).
Regarding claim 7, Ghatti discloses rotational drive is transmitted from the electric motor (22), to the input shaft (26), to the input shaft gear (92), to the at least one speed gear (112), to the first countershaft (110), to the first countershaft gear (114), to the second countershaft gear (94), to the second countershaft (72), to the third countershaft gear (24), and to a differential assembly (30) situated rotationally downstream of the second countershaft (see Fig. 1).
Regarding claim 8, Ghatti discloses the input shaft (26) has a first section (section of 26 closest to 22) and a second section (section of 26 closest to 92), the concentric arrangement of the second countershaft (72) with respect to the input shaft is established at the first section (see Fig. 1) and engagement between the input shaft and the at least one speed gear (112) for rotationally driving the at least one speed gear is established at the second section (see Fig. 1).
Regarding claim 9, Ghatti discloses the first section of the input shaft (section of 26 closest to 22) is a proximal section of the input shaft with respect to the electric motor (22), and the second section of the input shaft (section of 26 closest to 92) is a distal section of the input shaft with respect to the electric motor (see Fig. 1).
Regarding claim 10, Ghatti discloses a differential assembly (30) rotationally driven by the second countershaft (72), the differential assembly having a radially offset arrangement with respect to the first countershaft (110) and with respect to the second countershaft (72) and with respect to the input shaft (26).
Regarding claim 11, Ghatti discloses engagement between the second countershaft (72) and a ring gear (132) of the differential assembly (30) drives rotation of the differential assembly (see Fig. 1).
Regarding claim 12, Ghatti discloses an electric vehicle (EV) gearbox assembly (see Fig. 1), comprising: an electric motor (22); an input shaft (26) rotationally driven by the electric motor, the input shaft having an input shaft gear (92) concentric with and coupled to the input shaft, a proximal section (section of 26 closer to 22), and a distal section (section of 26 closer to 92); at least one speed gear (112) rotationally driven by the input shaft gear at the distal section of the input shaft; a first countershaft (110) rotationally driven by the at least one speed gear that is concentric with the first countershaft and in rotational engagement with the input shaft gear; a first countershaft gear (114) concentric with and coupled to the first countershaft; a second countershaft (72) situated rotationally downstream of the first countershaft and having a concentric arrangement with respect to the input shaft at the proximal section of the input shaft; a second countershaft gear (94), concentric with and coupled to the second countershaft, in rotational engagement with the first countershaft gear; and a third countershaft gear (24), rotationally engaging the second countershaft gear, wherein the third countershaft gear is configured to meshingly engage with a ring gear (132) of a differential assembly (30) and rotate about an axis (60) that is coaxial with the input shaft (see Fig. 1).
Regarding claim 13, Ghatti discloses the first countershaft (110) has a radially offset arrangement with respect to the input shaft (26) and has a radially offset arrangement with respect to the second countershaft (72).
Regarding claim 16, Ghatti discloses the second countershaft (72) is rotationally driven by the second countershaft gear (94), the second countershaft gear having a concentric arrangement with respect to the input shaft (26) at the proximal section of the input shaft (section of 26 closer to 22).
Regarding claim 17, Ghatti discloses rotational drive is transmitted from the electric motor (22), to the input shaft (26), to the input shaft gear (92), to the at least one speed gear (112), to the first countershaft (110), to the first countershaft gear (114), to the second countershaft gear (94), to the second countershaft (72), to the third countershaft gear (74), and to a differential assembly (30) situated rotationally downstream of the second countershaft (see Fig. 1).
Regarding claim 18, Ghatti discloses a differential assembly (30) rotationally driven by the second countershaft (72), the differential assembly having a radially offset arrangement with respect to the first countershaft (110) and with respect to the second countershaft (72) and with respect to the input shaft (26).
Regarding claim 19, Ghatti discloses an electric vehicle (EV) gearbox assembly (see Fig. 1), comprising: an electric motor (22); an input shaft (26), having an input shaft gear (92) concentric with and coupled to the input shaft, the input shaft being rotationally driven by the electric motor; at least one speed gear (112) rotationally driven by the input shaft gear; a disconnect assembly (150) situated adjacent the at least one speed gear; a first countershaft (110) carrying the at least one speed gear, the first countershaft having a radially offset arrangement with respect to the input shaft; a first countershaft gear (114) concentric with and coupled to the first countershaft; and a second countershaft (72) rotationally driven by the first countershaft gear and having a concentric arrangement with respect to the input shaft; a second countershaft gear (94), concentric with and coupled to the second countershaft, in rotational engagement with the first countershaft gear; and a third countershaft gear (24), rotationally engaging the second countershaft gear, wherein the third countershaft gear is configured to meshingly engage with a ring gear (132) of a differential assembly (30) and rotate about an axis (60) that coaxial with the input shaft; wherein, during use of the EV gearbox assembly, rotational drive is transmitted from the electric motor (22), to the input shaft (26), to the input shaft gear (92), to the at least one speed gear (112), to the first countershaft (110), to the first countershaft gear (114), to the second countershaft gear (94), to the second countershaft (72), to the third countershaft gear (24), and to the differential assembly (30) situated rotationally downstream of the second countershaft (see Fig. 1).
Regarding claim 20, Ghatti discloses during use of the EV gearbox assembly, the electric motor (22), the input shaft (26), the input shaft gear (92), the second countershaft gear (94), and the second countershaft (72) all rotate about a first rotational axis (60), and the at least one speed gear (112) and first countershaft (110) rotate about a second rotational axis (100).
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 2-3 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ghatti (US 10989288 B1) in view of Beck (US 20220274480 A1).
Regarding claim 2, Ghatti fails to disclose the at least one speed gear includes a first speed gear and a second speed gear, the first speed gear and the second speed gear being rotationally driven by the input shaft and being carried by the first countershaft, the first speed gear for a first speed mode setting of the EV gearbox assembly and the second speed gear for a second speed mode setting of the EV gearbox assembly. However, Back discloses the at least one speed gear includes a first speed gear (36) and a second speed gear (24), the first speed gear and the second speed gear being rotationally driven by the input shaft (38) and being carried by the first countershaft (26), the first speed gear for a first speed mode setting of the EV gearbox assembly and the second speed gear for a second speed mode setting of the EV gearbox assembly (see Fig. 2). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Ghatti with a first and second speed gear, as taught by Back, to provide additional gear stages which allows a wider selection of gear ratios through which the transmission can be driven. Additionally, it has been held that a duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In this instance, providing Ghatti with a second speed gear driven by the input shaft would produce the old and expected result of providing an additional gear stage.
Regarding claim 3, Ghatti discloses a disconnect assembly (150) situated adjacent the at least one speed gear (112). Ghatti fails to disclose the disconnect assembly carried about the first countershaft, the disconnect assembly for disconnecting rotational drive of the at least one speed gear from the first countershaft. However, Beck teaches the disconnect assembly (see Fig. 2; S2) carried about the first countershaft (26), the disconnect assembly for disconnecting rotational drive of the at least one speed gear (36) from the first countershaft (see Fig. 2). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Ghatti with a disconnect assembly carried about the first countershaft, as taught by Beck, to selectively engage and disengage the speed gear from the countershaft. Additionally, it has been held that a rearrangement of parts, which does not modify the operation of the device, is an obvious matter of design choice. In re Japikse , 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this instance, rearranging the disconnect assemblies from one shaft to another shaft would not modify the operation of the transmission and is therefore considered an obvious design choice.
Regarding claim 14, Ghatti fails to disclose the at least one speed gear includes a first speed gear and a second speed gear, the first speed gear and the second speed gear being rotationally driven by the input shaft and being carried by the first countershaft, the first speed gear for a first speed mode setting of the EV gearbox assembly and the second speed gear for a second speed mode setting of the EV gearbox assembly. However, Back discloses the at least one speed gear includes a first speed gear (36) and a second speed gear (24), the first speed gear and the second speed gear being rotationally driven by the input shaft (38) and being carried by the first countershaft (26), the first speed gear for a first speed mode setting of the EV gearbox assembly and the second speed gear for a second speed mode setting of the EV gearbox assembly (see Fig. 2). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Ghatti with a first and second speed gear, as taught by Back, to provide additional gear stages which allows a wider selection of gear ratios through which the transmission can be driven. Additionally, it has been held that a duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In this instance, providing Ghatti with a second speed gear driven by the input shaft would produce the old and expected result of providing an additional gear stage.
Regarding claim 15, Ghatti discloses a disconnect assembly (150) situated adjacent the at least one speed gear (112). Ghatti fails to disclose the disconnect assembly carried about the first countershaft, the disconnect assembly for disconnecting rotational drive of the at least one speed gear from the first countershaft. However, Beck teaches the disconnect assembly (see Fig. 2; S2) carried about the first countershaft (26), the disconnect assembly for disconnecting rotational drive of the at least one speed gear (36) from the first countershaft (see Fig. 2). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Ghatti with a disconnect assembly carried about the first countershaft, as taught by Beck, to selectively engage and disengage the speed gear from the countershaft. Additionally, it has been held that a rearrangement of parts, which does not modify the operation of the device, is an obvious matter of design choice. In re Japikse , 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this instance, rearranging the disconnect assemblies from one shaft to another shaft would not modify the operation of the transmission and is therefore considered an obvious design choice.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new grounds of rejections that were necessitated by an amendment.
Conclusion
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 JOSEPH BROWN whose telephone number is (313)446-6568. The examiner can normally be reached Mon-Thurs: 8:00am - 5:00pm EST.
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/JOSEPH BROWN/Primary Examiner, Art Unit 3618
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