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 .
Status of Claims
This office action is in response to the amendments/remarks filed on 01/26/2026. Claims 1-5, 7-8, 10, 13-19, 21-25 are pending; claim 1, 7-8, 10,13-15, 17-19 have been amended; claims 6, 9, 11-12, 20 are canceled, claims 21-25 are added.
Response to Amendment/Arguments
The previous objections to the drawings have been withdrawn in light of the amendment to the specification; replacement Figs.8-11 and 13 and cancelling claims 10 and 13.
The previous claims objections have been withdrawn light of the amendment to claims 7 and 15.
The previous claims rejections under 35 USC §112 (b) have been withdrawn in light of the amendment to claims 7, 10 and 13-14,17. With respect to the limitation of “wherein the electric axle assembly has a transmission” recited in claim 13, the rejection of claim 13 under 35 USC§ 112 (b) is withdrawn in view of applicant’s remarks on page 4, second paragraph and ¶[0053] of specification.
The previous rejection of claims 1-2, 4-7, 9-20 under 35 USC §102 as anticipated by House has been reconsidered in view of applicant’s amendments and remarks; but are moot in view of the present rejections under 35 USC §103 (see rejections below); wherein Hirao is relied upon for the newly added limitation.
The previous rejection of claims 18-20 under 35 USC§ 102 as anticipated by Radermacher and the rejections of claims 1-8 under 35 USC§ 103 as obvious over Radermacher in view Ruppert have been withdrawn in light of the amendment to the claims.
Claim Objections
Claim 18 is objected to because of the following informalities:
Claim 18, line 9 recites “engaging a differential assembly” should read – [[a]] the differential assembly-- as the limitation is recited in lines 7-8.
Appropriate correction is required.
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) 1-5, 7-8, 10, 13-19, 21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over House (US 7115057 B2) in view of Hirao (US 20200247236 A1)
Claim 1: House discloses an electric axle assembly (20; Fig.2) configured to provide torque to at least one traction wheel assemblies (26-Fig.1) for propelling a vehicle (10; Fig.1), the electric axle assembly (20; Fig.2) comprising:
an axle housing (29) that is configured to support at least one axle shaft (36a) along an axle shaft axis (D);
a differential assembly (46 and differential as described in col.2 lines 35-36) that is supported by the axle housing (29) and transmits torque to the at least one traction wheel assembly (26);
an electric motor (24) coupled to (see col.2 lines 46-47: “The electric motor 24 is mounted to the electric motor housing portion 30”; col.2 lines 33-34: “The axle housing 29 includes an electric motor housing portion 30”) the axle housing(29) ;
a shift mechanism (40) supported by the axle housing (29).
a drive pinion (44) that operatively engages (via coupling 40) the electric motor (24) and the differential assembly (46 and differential as described in col.2 lines 35-36) to thereby provide torque from the electric motor (24) to the differential assembly (46 and differential as described in col.2 lines 35-36),
wherein the drive pinion (44) extends along a drive pinion axis (E; Fig.3) that overlaps the axle shaft axis (D) at an angle such that a plane extending along the axle shaft axis (D) and orthogonal to the drive pinion axis (E) defines first (see annotated Fig.3 below) and second opposite sides (see annotated Fig.3 below) of the axle housing (29), and wherein the drive pinion (44) is configured to flank the at least one axle shaft (36a) so as to be driven by the electric motor (24) on the first side (see annotated Fig.3 below) of the axle housing and to engage the differential assembly (46 and differential as described in col.2 lines 35-36) on the second side (see annotated Fig.3 below) of the axle housing.
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House does not disclose a shift mechanism configured to cooperate in selectively establishing at least two drive gear ratios for transmitting torque from the electric motor to the differential assembly.
Hirao teaches axle assembly (Fig.3) having a shift mechanism (28) supported by (via motor cover 214 and 900) the axle housing (40) and configured to cooperate in selectively establishing at least two drive gear ratios (e.g. first drive gear ratio and second drive gear ratio¶[00214]) for transmitting torque from the electric motor (24) to the differential assembly (30).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace a shift mechanism (40) from House with the shift mechanism (28) as taught by Hirao in order to optimize the torque output and efficiency of the motor drive path.
Claim 2: House as modified by Hirao discloses the electric axle assembly of claim 1, further comprising a gear reduction module (50) that operatively connects the drive pinion (44) to the electric motor (24), such that the gear reduction module transmits torque from the electric motor (24) to the differential assembly (46 and differential as described in col.2 lines 35-36) at a reduced speed (col.3 lines 3: lines 30-32); a drive pinion bearing (see annotated Fig below) disposed along the drive pinion (44) at a position that is more distal to the first side (see annotated Fig.3 below rejection of claim 1) of the axle housing (29) than is the drive pinion (44).
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Claim 3: House as modified by Hirao discloses wherein the reduced speed corresponds to a gear ratio between about 1.5:1 and 2.5:1 (¶[0203]) of Hirao).
Claim 4: House as modified by Hirao discloses the electric axle assembly of claim 2, wherein the gear reduction module (50) comprises parallel offset gears (38, 54,52; as shown in Fig.4: planet gears 54 are parallel and offset radially from the sun gear 52).
Claim 5: House as modified by Hirao discloses the electric axle assembly of claim 4, wherein an offset of the parallel offset gears (38, 54,52) is such that the drive pinion (44) is allowed to pass over a top of
Claim 7: House as modified by Hirao discloses the electric axle assembly of claim 6, wherein the drive pinion (44) engages the differential assembly (46 and differential as described in col.2 lines 35-36) at the second side (see annotated Fig.3 below rejection of claim 1) of the axle housing (29), and wherein the drive pinion (44) is configured to flank the at least one axle shaft (36a) so as to be driven (via drive shaft 38 and driveshaft gear 54) by the electric motor (24) on the first side (see annotated Fig.3 below rejection of claim 1) of the axle housing (29) and to engage the differential assembly (46 and differential as described in col.2 lines 35-36) on the second side (see annotated Fig.3 below rejection of claim 1) of the axle housing (29).
Claim 8: House as modified by Hirao discloses the electric axle assembly of claim 6, further comprising at least one of 1 a drive pinion bearing cage (see annotated Fig below) that encloses the drive pinion bearing (see annotated fig below) and is removably attachable to the axle housing (29) so as to form a portion of an exterior of the axle housing (29).
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Claim 10: House as modified by Hirao discloses the electric axle assembly of claim 1, further comprising a differential carrier (see annotated Fig below) that supports the differential assembly (46 and differential as described in col.2 lines 35-36);
a gear reduction module (50) that has a planetary gear assembly (51) that is arranged about a driveshaft (38) that is configured to be driven by the electric motor (24), the driveshaft (38) having a driveshaft gear (54) that meshes (via splines 62) with a drive pinion gear (gear portion of 44) of the drive pinion (44) to operatively connect to the drive pinion (44) to thereby transmit torque from the electric motor (24) to the differential assembly (46 and differential as described in col.2 lines 35-36) at a reduced speed (col.3 lines 3: lines 30-32); and
comprising the electric motor, and wherein the electric motor is at least one of: enclosable in an electric motor housing (cover of 24) that is attachable (via 30) to the axle housing (29) and a sealed electric motor (as shown in Fig.2 the motor 24 is sealed within its housing).
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Claim 13: House discloses a drivetrain (Fig.2), comprising: an electric axle assembly (20; Fig.2) having a rear-driven differential assembly (46 and differential as described in col.2 lines 35-36) with an electric motor (24), wherein the electric axle assembly (20) has a transmission (50) that operatively connects the electric motor (24) to a drive pinion (44) with which to drive the rear-driven differential assembly (46 and differential as described in col.2 lines 35-36) at a rear side of the rear-driven differential assembly (46 and differential as described in col.2 lines 35-36);
wherein the electric axle assembly (20) further includes a shift mechanism (40) supported by the axle housing (29).
House does not disclose a shift mechanism configured to cooperate in selectively establishing at least two drive gear ratios for transmitting torque from the electric motor to the differential assembly.
Hirao teaches axle assembly (Fig.3) having a shift mechanism (28) supported by (via motor cover 214 and 900) the axle housing (40) and configured to cooperate in selectively establishing at least two drive gear ratios (e.g. first drive gear ratio and second drive gear ratio¶[00214]) for transmitting torque from the electric motor (24) to the differential assembly (30).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace a shift mechanism (40) from House with the shift mechanism (28) as taught by Hirao in order to optimize the torque output and efficiency of the motor drive path.
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Claim 14: House as modified by Hirao discloses the drivetrain of claim 13, wherein the drivetrain (Fig.2) is integrated into a powertrain (Fig.1) for powering a vehicle (10), the powertrain (Fig.1) comprising a motive power source (28) that is operatively connected to the drivetrain (Fig.2) to provide torque to provide torque to one or more traction wheel assemblies (26 left and right side) that are operatively connected to the electric axle assembly (20).
Claim 15: House as modified by Hirao discloses the drivetrain of claim 14, wherein the powertrain (Fig.1) is integrated into the vehicle (10).
Claim 16: House as modified by Hirao discloses the drivetrain of claim 13, wherein a driveshaft (38) of the electric motor (24) is operatively connected to the drive pinion (44) via a gear reduction module (50) and is radially offset from the drive pinion (44).
Claim 17: House as modified by Hirao discloses a method of assembling the electric axle assembly for the drivetrain of claim 13, the method comprising:
placing the drive pinion (44) within an axle housing (29) of the electric axle assembly (20) such that the drive pinion (44) engages (e.g. connect to via 50) a driveshaft (38) of the electrical motor (24) at a forward side (see annotated Fig below) of the electric axle assembly (20) that is forward of an axle axis (D) along which at least one axle (22) is receivable in the electric axle assembly (20); and
placing the drive pinion (44) in engagement with a differential assembly (46 and differential as described in col.2 lines 35-36) of the electric axle assembly (20) such that the drive pinion (44) engages (44 engages with 46) the differential assembly (46 and differential as described in col.2 lines 35-36) at the rear side (see annotated Fig below) of the axle assembly that is rearward of the axle axis (D) such that the drive pinion (44) flanks the axle axis (D) in a forward-rear direction and is offset (e.g. radially offset; as shown in Fig.4) from the driveshaft (38) of the electric motor (24).
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Claim 18: House discloses a method of operating an axle assembly (20; Fig.2), the method comprising:
receiving a torque that is provided along a first axis (E) at a first portion (e.g. front side , see annotated Fig below rejection of claim 17) of the axle assembly (20) that is forward of an axle axis (D) along which at least one axis of the axle assembly is receivable;
transmitting the torque from the first axis (see annotated fig. below) to a second axis (see annotated Fig below) that is parallelly offset from the first axis (E), each of the first and second axes being angled relative to the axle axis (D) (as both axes are vertically offset from axis D);
selectively establishing, using a shift mechanism (40) supported by an axle housing (29) of the axle assembly (20),
engaging a differential assembly (46 and differential as described in col.2 lines 35-36) at a second portion (e.g. rear side-see annotated Fig below rejection of claim 17) of the axle assembly (20) that is opposite the first portion (e.g. front side-see annotated Fig below rejection of claim 17) to thereby provide the torque to one or more traction wheel assemblies (22) that are operatively connected to the axle assembly (20).
House does not disclose a shift mechanism has at least two drive gear ratios for transmitting torque from an electric motor to a differential assembly.
Hirao teaches axle assembly (Fig.3) having a shift mechanism (28) is configured to cooperate in selectively establishing at least two drive gear ratios (e.g. first drive gear ratio and second drive gear ratio¶[00214]) for transmitting torque from the electric motor (24) to the differential assembly (30).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace a shift mechanism (40) from House with the shift mechanism (28) as taught by Hirao in order to optimize the torque output and efficiency of the motor drive path.
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Claim 19: House as modified by Hirao discloses the method of claim 18, wherein the transmitting the torque comprises transmitting the torque at a reduced speed (via 51, col. 3 lines 30-32: “the planetary gear assembly 51 reduces the speed from the motor shaft 38 to the pinion gear 44”); and the engaging the differential assembly (46 and differential as described in col.2 lines 35-36 ) comprises engaging an aft portion (46) of the differential assembly (46 and differential as described in col.2 lines 35-36).
Claim 21: House as modified by Hirao discloses the electric axle assembly of claim 1, wherein the shift mechanism (40) is disposed between the electric motor (24) and the differential assembly (46 and differential) and is supported on a differential carrier or a differential carrier cover (30. As 30 forms a housing structure that encloses the differential assembly as shown in Fig.2; and as shown in Fig.3: shifting element 40 is supported by 30 through shaft 38 and bearing 42.) of the axle housing (29).
Claim 22: House as modified by Hirao discloses the electric axle assembly of claim 1, wherein the shift mechanism (28-Hirao) cooperates with a gear reduction module (50) to selectively establish a first drive gear ratio (carrier engaged), a second drive gear ratio (sun engaged) different from the first drive gear ratio, and a neutral condition (neutral) in which torque is not transmitted from the electric motor (24) to the differential assembly (46 and differential).
Claim 23: House as modified by Hirao discloses the electric axle assembly of claim 22, wherein the first drive gear ratio (carrier engaged) provides greater torque multiplication from the electric motor (24) to the differential assembly (46 and differential) than the second drive gear ratio (sun engaged).
Claim 24: House as modified by Hirao discloses the electric axle assembly of claim 1, wherein the shift mechanism (Hirao: 28; Fig.3) includes a shift collar (932: Hirao) movable along an axis (Hirao: 70) by an actuator (Hirao: 906) to selectively establish the at least two drive gear ratios (¶0219]).
Claim(s) 1, 22-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirao (US 20200247236 A1) in view of House (US 7115057 B2)
Claim 1: Hirao discloses an electric axle assembly (10; Fig.1-2) configured to provide torque to at least one traction wheel assemblies (14) for propelling a vehicle (¶0032]), the electric axle assembly (10; Fig.2) comprising:
an axle housing (40; Fig.1) that is configured to support at least one axle shaft (32) along an axle shaft axis (18);
a differential assembly (30) that is supported by the axle housing (40) and transmits torque to the at least one traction wheel assembly (14);
an electric motor (24) coupled to (via 42, ¶[0066] and Fig.2) the axle housing (40) ;
a shift mechanism (28) supported by (via motor cover 214 and 900) the axle housing (40) and configured to cooperate in selectively establishing at least two drive gear ratios (e.g. first drive gear ratio and second drive gear ratio¶[00214]) for transmitting torque from the electric motor (24) to the differential assembly (30); and
a drive pinion (22) that operatively engages (via 26) the electric motor (24) and the differential assembly (30) to thereby provide torque from the electric motor (24) to the differential assembly (30),
Hirao does not disclose a drive pinion that operatively engages the electric motor and the differential assembly to thereby provide torque from the electric motor to the differential assembly, wherein the drive pinion extends along a drive pinion axis that overlaps the axle shaft axis at an angle such that a plane extending along the axle shaft axis and orthogonal to the drive pinion axis defines first and second opposite sides of the axle housing, and wherein the drive pinion is configured to flank the at least one axle shaft so as to be driven by the electric motor on the first side of the axle housing and to engage the differential assembly on the second side of the axle housing.
House teaches electric axle assembly (20; Fig.2); an axle housing (29); a motor (24); a drive pinion (44) extends along a drive pinion axis (E; Fig.3) that overlaps the axle shaft axis (D) at an angle such that a plane extending along the axle shaft axis (D) and orthogonal to the drive pinion axis (E) defines first (see annotated Fig.3 below) and second opposite sides (see annotated Fig.3 below) of the axle housing (29), and wherein the drive pinion (44) is configured to flank the at least one axle shaft (36a) so as to be driven by the electric motor (24) on the first side (see annotated Fig.3 below) of the axle housing and to engage a differential assembly (46 and differential as described in col.2 lines 35-36) on the second side (see annotated Fig.3 below rejection of claim 1 above) of the axle housing (29).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention modify the axle assembly of Hirao to incorporate the flanking geometry as taught by House in order to optimize packaging/load distribution.
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Claim 22: Hirao as modified by House discloses the electric axle assembly of claim 1, wherein the shift mechanism (28) cooperates with a gear reduction module (26) to selectively establish a first drive gear ratio (low range), a second drive gear ratio (high range) different from the first drive gear ratio, and a neutral condition (Fig.3 and ¶[0216]) in which torque is not transmitted from the electric motor (24) to the differential assembly (30). (see ¶[0215]-[0217])
Claim 23: Hirao as modified by House discloses the electric axle assembly of claim 22, wherein the first drive gear ratio (low range) provides greater torque multiplication from the electric motor (24) to the differential assembly (30 ) than the second drive gear ratio (high range gear ratio) (see ¶[0203]-[0204]).
Claim 24: Hirao as modified by House discloses the electric axle assembly of claim 1, wherein the shift mechanism (28; Fig.3) includes a shift collar (932) movable along an axis (70) by an actuator (906) to selectively establish the at least two drive gear ratios (¶0215]-[0217]).
Claim 25: Hirao as modified by House discloses the electric axle assembly of claim 1, wherein the drive pinion (22) is indirectly driven by the electric motor (24) through a gear reduction module (26) disposed between the electric motor (24) and the drive pinion (24), the gear reduction module (26) including parallel offset gears (712, 710), the gears (712, 710) being mounted on shafts (820, sun shaft) having axes (pin axis) that are parallel to each other and laterally offset from each other (planet gears 712are parallel to sun gear axis and laterally offset from sun gear axis), forming part of the gear reduction module (26), such that the electric motor (24) and the differential assembly (30) are integrated within a self-contained electric axle housing (10).
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 Lillian T Nguyen whose telephone number is (571)270-5404. The examiner can normally be reached Monday-Friday, 8:30am-5pm.
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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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/ERNESTO A SUAREZ/Supervisory Patent Examiner, Art Unit 3655
/LILLIAN T NGUYEN/ Examiner, Art Unit 3655A
1 The struck-through limitation represents one option within an “at least one of” clause; therefore, the prior art is not required to satisfy that option to be applicable.