DETAILED ACTION
The following is a first action on the merits of application serial no. 18/998268 filed 1/24/2025.
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 .
Information Disclosure Statement
The information disclosure statement filed 1/24/25 has been considered.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the legal claim phraseology “comprising” should be deleted in line 1. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Interpretation
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.
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.
Such claim limitation(s) is/are:
-indexing means are provided to define a zero-point position (function) of the ramp mechanism…….” in claim 15.
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 1-16 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 the limitation "the circulating lubricant quantity" in line 15. There is insufficient antecedent basis for this limitation in the claim.
-Claim 5 recites the limitation “wherein the second rotation angle range is greater than 1.5 times and less than 5 times the first rotation angle range”. It is unclear as to how the second range can be greater than and less than the first range at the same time, especially considering that claim 4 recites that the first range is smaller than the second range (the specification in paragraph [0052] also describes that the second range is larger than the first range, i.e., 1.5 to 5 times larger, this may contradict the description in paragraph [0010], last two lines).
-Claim 12 recites the limitation “wherein the actuating element is rigidly connected to the support ring”. It is unclear as to what the phrase “is rigidly” is referring to and covering in scope (i.e., is integrally, is fixed, is mounted, etc.), please clarify.
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) 1-3, 8, 9, 11-13, 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haupt et al 20210010568 (corresponds to IDS cited EP 3763972) in view of Pritchard et al 10302186 and Putzer et al 20180216672. As to claim 1, Haupt discloses a drive assembly for a motor vehicle, comprising: a gearing (3), at least one friction clutch (5), which is drivingly connected to the gearing (3) and is configured for variable torque transmission between a clutch input part (6) and a clutch output part (7), a housing (10) with a gearing housing chamber (13) for the gearing, a reservoir (14) in which lubricant is storable, and a clutch housing chamber (15) for the friction clutch, wherein, during operation, lubricant is conveyable from at least one of the gearing housing chamber (13) and the clutch housing chamber (15) into the reservoir (14) to a higher level due to rotary movement of a component rotating in the housing ([0012], [0014], [0053]), a valve (19) with a setting member (20) for controlling a lubricant flow from the reservoir (14) to the clutch housing chamber (15), wherein the setting member (20) is movable by an actuating element (9) with an actuating contour (11), wherein in the open state of the valve (19) lubricant flows from the reservoir (14) into the clutch housing chamber (15), and in the closed state of the valve (19) lubricant is stored in the reservoir (14) and the circulating lubricant quantity is reduced ([0012], [0015], [0063]-[0064]), an actuator (8) for controlling the friction clutch (5) and the valve (19), wherein the actuator (8) includes a ramp mechanism (43) with a rotatably drivable setting ring (45) and an at least rotatably supportable support ring (44), which have a ramp structure to convert a rotary movement of the setting ring (45) into a translatory movement, and wherein the setting ring (45) is drivingly connected to the actuating element (9), wherein the ramp structure and the actuating contour (11) are designed such that by rotating the setting ring (45) from an initial rotation angle (as shown in Figure 2A), in which the setting ring (45) and the support ring (44) are arranged close to one another, to an intermediate rotation angle (Figure 1H shows an intermediate type of position; [0064], lines 21-25), the valve (19) is opened and the friction clutch (5) is transferred from a fully open position to a partially closed position (this would be obvious via [0058], lines 17-21 describing that the clutch can be controlled to any intermediate position between engaged and disengaged), and by rotating the setting ring (45) in a second rotation range (as shown in Figure 2B) beyond the intermediate rotation angle up to a final rotation angle, the torque that can be transmitted by the friction clutch (5) is variably adjustable, with the valve (19) remaining fully open. However, the valve 19 in Figure 1H doesn’t explicitly show and disclose that the valve is “fully” opened as recited.
Pritchard discloses a drive assembly for a motor vehicle having a valve (275) and clutch (270) operated by a common actuator (via 268) and shows that it is well known in the art to have the valve fully open when the clutch is in a partially closed position (as shown in Figure 6B).
Putzer discloses a drive assembly for a motor vehicle having a valve (16) and clutch (3) operated by a common actuator (via 4) and shows that it is well known in the art to have the valve fully open when the clutch is in a partially closed position ([0011], lines 16-20 describes that the valve provides a large flow during clutch slip conditions).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide Haupt with a fully open valve during partial clutch closure in view of Pritchard and Putzer which ensures that the clutch is fully lubricated during any type of engagement to discharge significant amounts of heat which reduces wear of components and increases operating efficiency of clutch.
As to claim 2, Haupt discloses wherein a torque that can be transmitted by the friction clutch (5) when the setting ring (45) is in the intermediate rotation angle is less than 10% of a maximum torque of the friction clutch (this would be obvious via [0058], lines 17-21 describing that the clutch can be controlled to any intermediate position between engaged and disengaged).
As to claim 3, Haupt discloses wherein the friction clutch (5) has a disc pack (37) and a pressure plate (39) for acting on the disc pack (37) against a support plate (38), wherein the pressure plate (39) is axially movable by the setting ring (45) from an open position, in which the friction clutch (5) is fully open, via a response position (as shown in Figure 2A), in which an air gap (correspond to ball grooves) of the friction clutch (5) is bridged, into a closed position (as shown in Figure 2B), in which the friction clutch (5) is fully closed, wherein the ramp structure is designed such that the pressure plate (39) is moved at least approximately into the response position by rotating the setting ring (45) into the intermediate rotational position rotation angle (this would be obvious via [0064], lines 21-25 describing operation of ball ramp mechanism).
As to claim 8, Haupt discloses wherein a fully open state of the valve (as shown in Figure 2B) is defined by an axial end stop (side of 20 facing 52) of the setting member (20), against which the setting member (20) is loaded by a spring (52).
As to claim 9, Haupt discloses wherein the actuating element (9) releases the setting member (20) when the friction clutch (5) is closed, so that the setting member (20) is moved into the open position by the spring (52) against the end stop, and a fluid connection is opened (as shown in Figure 2B; [0067]).
As to claim 11, Haupt discloses wherein the actuating element (9) is formed in one piece with the setting ring (as shown in Figures 1H and 2B).
As to claim 12, Haupt discloses wherein the actuating element (9) is rigidly connected to the support ring (via 41 and [0067]).
As to claim 13, Haupt discloses wherein one of the rotatably drivable setting ring (45) and the support ring (44), supportable in the direction of rotation, is axially supported and the other is axially displaceable, wherein the setting ring (45) and the support ring (44)have a plurality of ball grooves extending in the circumferential direction on their mutually facing end faces, which ball grooves each have in plan view of the end faces, starting from a region of greatest groove depth, a decreasing depth in the same circumferential direction, wherein a ball (41) is received in pairs of mutually opposing ball grooves respectively, via which the setting ring (45) and the support ring (44) are axially supported against one another (as shown in Figures 1B, 1G and [0067]-[0068]).
As to claim 15, Haupt discloses wherein indexing means ([0026], lines 15-17 describe “deeper grooves” which are well known for locking in positions during operation of actuator) are provided to define a zero-point position of the ramp mechanism in the initial rotation angle.
As to claim 16, Haupt discloses wherein the valve (19) is aligned tangentially to the actuating element (as shown in Figure 2A).
Allowable Subject Matter
Claims 4-7, 10 and 14 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record doesn’t disclose or render obvious a motivation to provide for:
-(as to claim 4 in combination with claim 1 exactly as written)……wherein a first rotation angle range between the initial rotation position angle and the intermediate rotation position angle is smaller than a second rotation angle range in which the torque to be transmitted by the friction clutch is variably adjustable up to the final rotation position angle being reached.
-(as to claim 14 in combination with claim 1 exactly as written)…… wherein the ramp structure of the setting ring and supporting ring is designed such that, when the setting ring is rotated from the initial rotation angle to the intermediate rotation angle, the supporting ring, supportable in direction of rotation, rotates together with the setting ring, wherein the axial distance between the setting ring and the support ring remains unchanged, and the support ring then comes to rest against a rotational stop, wherein a further rotation of the setting ring in the second rotation angle range is converted into an axial movement for acting on the friction clutch.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-The PCT written opinion as filed has been considered and the examiner agrees that the prior art cited does meet the limitations of the current invention via “inventive step”.
-Onda et al 4708231 (corresponds to IDS cited CN 86102122) discloses a drive assembly and shows that it is well known in the art to have a valve and clutch operated via common actuator wherein the valve is partially open during partial engagement of clutch (column 5, lines 4, 5, 39 and 40).
-Horsch 4134483 (column 9, lines 64-66) and DE 102011086376 ([0022]) both disclose a drive assembly for a motor vehicle having a valve and clutch(brake) operated by a common actuator and shows that it is well known in the art to have the valve fully open when the clutch is in a partially closed position.
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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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 August 8, 2026
