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 Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “start-up module” in claim 6.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. In this case, the module that performs start-up and selective coupling is disclosed as including a clutch.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-15 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 1 recites “a magnetic-electrical epicyclic transmission stage comprising an internal rotor, an external stator and an interposed rotatable modulation ring.” There is no special definition of this feature. The feature is reference 58 and is disclosed as including a “stator 56, an internal rotor 60 and an interposed rotatable modulation ring 62.” Typically, a stator is stationary and has a coil with variable current and the associated rotor rotates in response to current through the stator. However, in this case, there appears to possibly be two rotors (60 and 62). It is unclear how these would be independently effected by the stator 56 or if instead the stator 56 controls rotation of the member 62 and not member 60. The specification describes that the stator is “is able to be actuated to achieve a rotation of the modulation ring.” Thus, it appears from the description and drawings that the rotor associated with the stator is actually the “modulation ring.” As such, it is unclear what is the intended meaning of “rotor.” Is this any rotatable member? In addition, with respect to the phrase “modulation ring” it is unclear structurally what would be required to constitute a modulation ring.
For purposes of examination, the stator and modulating ring are interpreted as corresponding to the known features of a stator and rotor of a motor, and the “rotor” that is recited is interpreted as any rotatable member.
Claim 2 recites “a clutch drive shaft which drives the first and second clutches on the input side” however claim 1 recites “a first clutch and a second clutch having a drivable input side” and “a second sun wheel of the planetary transmission is rotationally conjointly connected to the input side of the two clutches.” It is unclear if the drivable input side which is the input to both clutches and which rotates conjointly with the second sun gear, is the same shaft as the clutch drive shaft, or if there is an additional shaft to which this clutch drive shaft refers.
Claim 14 recites “wherein the transmission unit comprises six gear ratio stages or the first and the sixth gear are implemented as a winding path gear ratio stage.” Firstly, with the word “or” it is unclear if the second option actually includes six gears. Secondly, it is unclear what a winding path gear ratio stage may or may not include. In what way is the power path winding? There is no special definition of this phrase set forth in the specification and therefore it is unclear what this means.
Allowable Subject Matter
Claims 1-15 would be allowable if rewritten or amended 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.
With reference to each of claims 1 and 15, the prior art does not disclose or render obvious the specific combination of claim 1. The closest prior art is US 2022/0032763 FIG. 2 which discloses the same structure for a magnetic-electrical epicyclic transmission stage comprising an internal rotor, an external stator and an interposed rotatable modulation ring, and a common carrier planetary gearset with two sun gears, followed by a shiftable mechanical transmission. However, the second sun gear is not rotationally conjointly connected to the input side (singular) of the two clutches, the rotationally conjoint connection of the second sun wheel to the input side of the first and second clutches being effective as a single output of the coupling device (which is the planetary transmission a carrier of which is connected to the “modulation ring”). Instead, the only manner that FIG. 2 could be interpreted to include two clutches would be if the OUT2 were the drivable input side however this is not part of the first and second clutches since it is separated from these clutches by another clutch. If instead the actual input to the two clutches along 114 were interpreted as the drivable input side, this does not rotate conjointly with the second sun since there is an intervening clutch.
DE 102019217744A1 discloses a magnetic-electrical epicyclic transmission stage comprising an internal rotor, an external stator and an interposed rotatable modulation ring, and a common carrier planetary gearset with two sun gears, followed by a shiftable mechanical transmission. However, the specific connections to the carrier and second sun gear are not the same as those recited in the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2003/0013569 discloses multiple motors connected to a double planet planetary gearset and a stepped gear transmission with multiple gears.
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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/STACEY A FLUHART/Primary Examiner, Art Unit 3655
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