CTNF 18/991,757 CTNF 90882 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 07-30-06 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: a disconnection mechanism in claim 1. 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 disconnection mechanism appears to be a clutch as described in paragraph 0032 of the instant application. 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 § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15-aia AIA Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Müller (DE 102013103129 A1) . Regarding claim 1, Müller discloses a vehicle comprising: a front wheel-side transaxle that transmits a drive force of a front wheel motor to front wheels ( through axle /axis 8 and electric drive 10); a rear wheel-side transaxle that transmits a drive force of a rear wheel motor to rear wheels (through axel/ axis 6 and electric drive 20); a heating device that performs heating in a vehicle cabin (the interior of the vehicle is heated by the viscous heating element 26 which heats a coolant that flows through inlet 36 and flows through outlet 38 to provide heating to a vehicle interior as noted in the third full paragraph of page 2 of the machine translation provided by the examiner) ; a heat management device that utilizes heat generated by the front wheel-side transaxle and heat generated by the rear wheel-side transaxle for the heating (heat from the axles can be used for heating of the interior via PCT heating elements or the viscous heating element per the paragraph spanning pages 2 and 3 of the machine translation provided by the examiner) ; and a control device (at vehicle controller 16), wherein: at least one of the front wheel-side transaxle and the rear wheel-side transaxle includes a disconnection mechanism that connects and disconnects torque transmission (at coupling device 28 on the front axle 8) ; and the control device is configured to perform the torque transmission by bringing the disconnection mechanism into a connected state when there is a heating request for the heating device (as noted in the third full paragraph of page 2 of the machine translation provided by the examiner). Regarding claim 4, Müller discloses the claim limitations of claim 1 above and Müller further discloses the control device is configured to bring the disconnection mechanism into the connected state and bring a motor of the transaxle including the disconnection mechanism into a driving state when the disconnection mechanism is in a disconnected state and the torque transmission is disconnected when there is a heating request for the heating device ( when a valve brings the viscous heating device to be coupled when a demand for heating is received per the third full paragraph of page 2 and the paragraph spanning pages 2 and 3 of the machine translation provided by the examiner) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 2-3 and 5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: The dependent claims 2-3 and 5 better defined how the control device is configured to control the disconnection mechanism. Specifically Müller is silent as to the control device is configured to maintain the disconnection mechanism in a disconnected state when it is estimated that an amount of heat dissipation from the transaxle in the disconnected state to atmosphere is equal to or greater than a predetermined value when the disconnection mechanism is in the disconnected state and the torque transmission is disconnected when there is a heating request for the heating device as required by claim 2. While Müller partially discloses the limitations of claim 3 in that Müller further discloses the heat management device is configured to be able to switch between a transport state in which heat generated by the transaxle including the disconnection mechanism is transported to the heating device and a stop state in which such heat transfer is stopped; and the control device is configured to bring the disconnection mechanism into the connected state when the disconnection mechanism is in a disconnected state and the torque transmission is disconnected when there is a heating request for the heating device ( when a valve brings the viscous heating device to be coupled when a demand for heating is received per page 2 the third full paragraph of the machine translation provided by the examiner), however Muller is silent as to the specific controls of bring the heat management device into the transport state when a temperature of lubricating oil of the transaxle including the disconnection mechanism in the connected state is equal to or higher than a predetermined temperature, and bring the heat management device into the stop state when the temperature of the lubricating oil is lower than the predetermined temperature. Finally Müller is silent as to any controls of the disconnection mechanism being tied to a navigation device that performs route guidance for the vehicle, wherein the control device is configured to connect the disconnection mechanism when a distance between a destination for the route guidance and a current position is equal to or greater than a predetermined distance when there is a heating request for the heating device when the disconnection mechanism is in a disconnected state and the torque transmission is disconnected. None of the additionally cited prior art appears to cure these deficiencies. Therefore the above dependent claims 2-3 and 5 appear to contain potentially allowable subject matter . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tusek (US 20210252966 A1) discloses axle cooling system that can be used to heat the cabin of the vehicle , Xiang et al. (CN 116080380 A), Braun et al. (DE 102013204766 A1), Wehlen et al. (DE 102011081451 A1) and Teraoka (JP 2008007113 A) disclose axle cooling systems but do not clearly disclose utilizing the systems to heat the cabin . Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANS R. WEILAND whose telephone number is (571)272-9847. The examiner can normally be reached Monday-Thursday 6-3 EST and alternating Fridays. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HANS R WEILAND/Examiner, Art Unit 3763 /ERIC S RUPPERT/Primary Examiner, Art Unit 3763 Application/Control Number: 18/991,757 Page 2 Art Unit: 3763 Application/Control Number: 18/991,757 Page 3 Art Unit: 3763 Application/Control Number: 18/991,757 Page 4 Art Unit: 3763 Application/Control Number: 18/991,757 Page 5 Art Unit: 3763 Application/Control Number: 18/991,757 Page 6 Art Unit: 3763 Application/Control Number: 18/991,757 Page 7 Art Unit: 3763 Application/Control Number: 18/991,757 Page 8 Art Unit: 3763
Prosecution Insights