DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This is the first action on the merits for application 19/018,975. Responsive to the preliminary amendment filed 8/15/2025, Claims 21-40 are currently pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/13/2025 has been considered by the examiner.
Note, citation number A145 to US 7,154,246 has not been considered as the patent document has been withdrawn and therefore cannot be retrieved.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
Claim limitation "modes of operation" (i.e., Claim 36, line 1) has been interpreted in accordance with and in light of Applicant's disclosure (e.g., Figs. 9A-9C and 12) while using a broadest reasonable interpretation analysis.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 21-32, 35 and 37-40 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by MORROW et al. (US 2011/0312459 A1).
Regarding Claim 21, MORROW et al. discloses a vehicle (Figs. 1-2) comprising: an engine (E1); a first electromagnetic device (EM1); a second electromagnetic device (EM2); a drive axle (RA1); and a transmission (T1) coupled to the engine, the first electromagnetic device, and the second electromagnetic device (Figs. 1-2), wherein the transmission includes a planetary gear set (P1) coupling the engine, the first electromagnetic device, and the second electromagnetic device to the drive axle (Fig. 2).
Regarding Claim 22, MORROW et al. discloses the planetary gear set (P1) extends between the first electromagnetic device and the engine (Fig. 2).
Regarding Claim 23, MORROW et al. discloses the planetary gear set is a first planetary gear set (P1), further comprising a second planetary gear set (P2) coupling the engine, the first electromagnetic device, and the second electromagnetic device to the drive axle (Fig. 2), and wherein the second planetary gear set extends between the first electromagnetic device and the engine (Fig. 2).
Regarding Claim 24, MORROW et al. discloses the first planetary gear set (P1) and the second planetary gear set (P2) are aligned with one another (Fig. 2).
Regarding Claim 25, MORROW et al. discloses the transmission (T1) extends between the engine and the first electromagnetic device (Figs. 1-2).
Regarding Claim 26, MORROW et al. discloses a first shaft (portion of S1 between E1 and T1 in Fig. 2) coupling the engine to the transmission (Figs. 1-2) and a second shaft (portion of S8 between T1 and REAR AXLES in Fig. 2) coupling the drive axle to the transmission (Figs. 1-2), wherein the first shaft extends away from the transmission in a first direction (left-hand direction in Figs. 1-2), and wherein the second shaft extends away from the transmission in a second direction (right-hand direction in Figs. 1-2) opposite the first direction.
Regarding Claim 27, MORROW et al. discloses the drive axle is a first drive axle (RA1), further comprising a second drive axle (FA1) longitudinally offset from the first drive axle (Figs. 1-2), wherein the first direction is a first longitudinal direction (left-hand direction in Figs. 1-2), and wherein the second direction is a second longitudinal direction (right-hand direction in Figs. 1-2).
Regarding Claim 28, MORROW et al. discloses the planetary gear set (P1) couples (Figs. 1-2) the engine, the first electromagnetic device, and the second electromagnetic device to the second drive axle (FA1).
Regarding Claim 29, MORROW et al. discloses the first shaft is offset from the second shaft (Figs. 1-2).
Regarding Claim 30, MORROW et al. discloses the first electromagnetic device is offset from the second shaft (Figs. 1-2).
Regarding Claim 31, MORROW et al. discloses the second electromagnetic device is offset from the second shaft (Figs. 1-2).
Regarding Claim 32, MORROW et al. discloses the first electromagnetic device is aligned with the second electromagnetic device (Fig. 2).
Regarding Claim 35, MORROW et al. discloses the engine is configured to drive the first electromagnetic device to provide electrical energy (paragraph [0013], “EM1…capable of producing electrical power (as a generator)”).
Regarding Claim 37, MORROW et al. discloses a vehicle (Figs. 1-2) comprising: a transmission (T1) including at least one planetary gear set (P1); an engine (E1) coupled to the at least one planetary gear set and positioned on a first side of the transmission (Figs. 1-2); an electromagnetic device (EM1) positioned on a second side of the transmission (Figs. 1-2) opposite the first side and coupled to the at least one planetary gear set; a drive axle (RA1); and a shaft (portion of S8 between T1 and REAR AXLES in Fig. 2) extending away from the transmission and coupling the drive axle to the at least one planetary gear set (Figs. 1-2).
Regarding Claim 38, MORROW et al. discloses the shaft extends away from the engine (Figs. 1-2).
Regarding Claim 39, MORROW et al. discloses the shaft is offset from the engine and the electromagnetic device (Figs. 1-2).
Regarding Claim 40, MORROW et al. discloses a vehicle (Figs. 1-2) comprising: a transmission (T1) including a planetary gear set (P1); an engine (E1) coupled to the planetary gear set; a first shaft (portion of S1 between E1 and T1 in Fig. 2) coupling the engine to the transmission, wherein the first shaft extends away from the transmission in a first longitudinal direction (left-hand direction in Figs. 1-2); a first electromagnetic device (EM1) coupled to the planetary gear set; a second electromagnetic device (EM2) coupled to the planetary gear set and aligned with the first electromagnetic device (Fig. 2); a first drive axle (RA1) coupled to the planetary gear set; a second shaft (portion of S8 between T1 and REAR AXLES in Fig. 2) coupling the first drive axle to the transmission, wherein the second shaft extends away from the transmission in a second longitudinal direction (right-hand direction in Figs. 1-2) opposite the first longitudinal direction, and wherein the second shaft is offset from the first shaft and the first electromagnetic device (Figs. 1-2); and a second drive axle (FA1) longitudinally offset from the first drive axle (Figs. 1-2) and coupled to the planetary gear set, wherein the planetary gear set extends between the first electromagnetic device and the engine (Fig. 2).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim 33 and 34 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over MORROW et al. (US 2011/0312459 A1) in view of HAYASHI et al. (US 2010/0263951 A1).
Regarding Claim 33, MORROW et al. discloses the vehicle of Claim 21, described in detail above, but does not disclose the engine is configured to provide engine power that is utilized to operate an accessory.
HAYASHI et al. discloses a hybrid vehicle (Fig. 1) with an engine (24) configured to provide engine power that is utilized to operate an accessory (46).
It would have been obvious to one of ordinary skill in the art before the invention was made to include in the vehicle of MOROW et al. the engine configured to provide engine power that is utilized to operate an accessory, as disclosed by HAYASHI et al., for the predictable result of operating required vehicle accessories (e.g., oil pump) with an already provided power source (i.e., engine).
Regarding Claim 34, MORROW et al. as modified by HAYASHI et al. discloses the accessory is a pump (46 in Fig. 1 of HAYASHI et al.).
Allowable Subject Matter
Claim 36 is 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN YOUNG whose telephone number is (571)272-4781. The examiner can normally be reached Monday - Friday 10:00 am - 6:00 pm (CST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob S Scott can be reached at (571)270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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EDWIN YOUNG
Primary Examiner
Art Unit 3655
/Edwin A Young/Primary Examiner, Art Unit 3655