DETAILED CORRESPONDENCE
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 is the first Office Action on the merits for application no. 19/039,094 filed on January 28th, 2025. Claims 1-20 are pending.
Priority
Examiner acknowledges “This application is a continuation of, and claims priority to, U.S. Application Serial No. 18/525,056, which was filed on November 30, 2023. The contents of that application are incorporated herein by reference in their entirety” (¶ [0001] of the Applicant’s published application).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 28th, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement was considered by the Examiner.
Examiner Note
Examiner would welcome an interview to clarify any of the various objections and/or rejections seen below in order to expediate prosecution of the instant application.
Double Patenting
Claims 1-6 and 11-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 12,253,169 (hereinafter “Manta”). Although the claims at issue are not identical, they are not patentably distinct from each other because conflicting claims 1-6 and 11-13 in the instant application are anticipated by claims 1-5 of U.S. Patent 12,253,169.
Regarding Claim 1, claims 1-2 of Manta teach a transmission (col. 29, line 62) comprising:
an input shaft to receive torque from a drive unit (col. 29, line 63);
an output shaft to transmit torque to a load (col. 29, line 64); and
a park system to selectively brake the output shaft (col. 29, line 65), the park system comprising
an electro-hydraulic valve assembly to deliver one or more fluid pressures (col. 30, lines 1-2), and
an actuation linkage including a piston axially translatable along a longitudinal axis in response to the one or more fluid pressures delivered thereto from the electro-hydraulic valve assembly (col. 30, lines 3-6),
a plate pivotally coupled to the piston such that movement of the piston along the longitudinal axis causes rotation of the plate about a rotational axis (col. 30, lines 16-19), and
a biasing element extending through the plate that surrounds the rotational axis and applies a biasing force to the plate to urge interaction between the plate and the piston (col. 30, lines 20-23 and lines 32-35).
Regarding Claim 2, claims 1-2 of Manta teach the transmission of claim 1,
Claims 1-2 also teach wherein: the plate is formed to include at least one mount aperture (col. 30, line 32), and
a mount tang of the biasing element extends through the at least one mount aperture such that the biasing element is at least partially retained in place by the plate (col. 30, lines 34-37).
Regarding Claim 3, claims 1-2 of Manta teach the transmission of claim 2,
claim 3 teaches wherein the at least one mount aperture extends through the plate in a direction at an angle relative to the rotational axis (col. 30, lines 39-40).
Regarding Claim 4, claims 1-3 of Manta teach the transmission of claim 3,
claim 3 also teaches wherein the mount tang includes a first portion extending through the at least one mount aperture in the direction and a second portion interconnected with the first portion by a bend that is arranged outside of the at least one mount aperture at an angle to the first portion (col. 30, lines 41-46).
Regarding Claim 5, claims 1-2 of Manta teach the transmission of claim 1,
claim 1 also teaches wherein the actuation linkage includes a sleeve mounted on the rotational axis and configured for linear movement along the rotational axis in use of the park system (col. 30, lines 24-30).
Regarding Claim 6, claims 1-2 of Manta teach the transmission of claim 5,
claim 1 also teaches wherein the biasing element is wound around the sleeve and at least partially retained around the rotational axis by the sleeve (col. 30, lines 24-27).
Regarding Claim 11, claims 1 and 4 of Manta teach a park system to selectively brake an output shaft of a transmission (col. 29, lines 62 and 64-65), the park system comprising:
an electro-hydraulic valve assembly to deliver one or more fluid pressures (col. 30, lines 1-2), and
an actuation linkage including a piston axially translatable along a longitudinal axis in response to the one or more fluid pressures delivered thereto from the electro-hydraulic valve assembly (col. 30, lines 3-6),
a plate pivotally coupled to the piston such that movement of the piston along the longitudinal axis causes rotation of the plate about a rotational axis (col. 30, lines 16-19), and
a bushing arranged between the plate and an interior surface of a case of the transmission that supports the plate for rotation about the rotational axis (see claim 4; col. 30, lines 47-50).
Regarding Claim 12, claims 1 and 4 of Manta teach the park system of claim 11,
claim 1 also teaches wherein the actuation linkage includes a sleeve mounted on the rotational axis and configured for linear movement along the rotational axis in use of the park system (col. 30, lines 24-30).
Regarding Claim 13, claims 1 and 4 of Manta teach the park system of claim 12,
claim 5 teaches wherein the plate is at least partially arranged along the rotational axis between the sleeve and the bushing (see claim 5).
Claims 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of Manta. Although the claims at issue are not identical, they are not patentably distinct from each other because conflicting claims 16-20 in the instant application are rendered obvious by claim 1 of Manta in view of Schonlau (DE 10 2015 006 323). See translation provided to Applicant with this Office Action.
Regarding Claims 16-20, claim 1 of Manta teach a park system to selectively brake an output shaft of a transmission (col. 29, lines 62 and 64-65), the park system comprising:
an electro-hydraulic valve assembly to deliver one or more fluid pressures (col. 30, lines 1-2),
an actuation linkage having a piston axially translatable along a longitudinal axis in response to the one or more fluid pressures delivered thereto from the electro -hydraulic valve assembly (col. 30, lines 3-6).
Claim 1 of Manta does not teach “a magnet assembly affixed to the piston for axial translation therewith that includes at least one magnet, and a position sensor to detect a position of the at least one magnet that is spaced from the longitudinal axis…wherein the magnet assembly comprises a housing that includes a mount plate arranged in direct contact with a projection of the piston…wherein the housing includes a U-shaped support bracket interconnected with the mount plate…wherein the housing includes a magnet enclosure interconnected with the support bracket and arranged opposite the mount plate…wherein the magnet enclosure carries the at least one magnet such that the at least one magnet is spaced from the longitudinal axis”.
Schonlau teaches a magnet assembly (“permanent magnet” 30, “sensor carrier” 29; [0045] – “The piston assembly (17) is rigidly connected to a sensor carrier (29) which carries a permanent magnet (30), the permanent magnet in conjunction with a Hall sensor enabling electrical monitoring of the position of the piston assembly”) affixed to a piston (“actuating plunger” 24) for axial translation therewith that includes at least one magnet (30), and
a position sensor (not shown in Fig. 1) to detect a position of the at least one magnet (30) that is spaced from the longitudinal axis (see Fig. 1),
wherein the magnet assembly (Fig. 1, 30, 29) comprises a housing (29) that includes a mount plate (see Fig. 1) arranged in direct contact with a projection of the piston (24; see Fig. 1),
wherein the housing (Fig. 1, 29) includes a U-shaped support bracket interconnected with the mount plate (portion of 29 in contact with 24),
wherein the housing (Fig. 1, 29) includes a magnet enclosure (for receiving 30) interconnected with the support bracket and arranged opposite the mount plate (portion of 29 in contact with 24), and
wherein the magnet enclosure (Fig. 1, portion of 29 that receives 30) carries the at least one magnet (30) such that the at least one magnet (30) is spaced from the longitudinal axis (axis through 24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the park system taught by claim 1 of Manta with the magnetic position sensor taught by Schonlau, such that “a magnet assembly affixed to the piston for axial translation therewith that includes at least one magnet, and a position sensor to detect a position of the at least one magnet that is spaced from the longitudinal axis…wherein the magnet assembly comprises a housing that includes a mount plate arranged in direct contact with a projection of the piston…wherein the housing includes a U-shaped support bracket interconnected with the mount plate…wherein the housing includes a magnet enclosure interconnected with the support bracket and arranged opposite the mount plate…wherein the magnet enclosure carries the at least one magnet such that the at least one magnet is spaced from the longitudinal axis”, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in combining known elements, and have the obvious advantage of reliably detecting the position of the park system taught by claim 1 of Manta.
Claim Rejections - 35 USC § 102
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 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 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 –
(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.
Claims 11 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herrmann (US 10,731,758).
Regarding Claim 11, Herrmann teaches a park system (see Figs. 1-3) to selectively brake an output shaft of a transmission (col. 3, lines 6-10 – “locking pawl includes a ratchet tooth which, in the engaged condition of the parking lock, engages into a tooth space of a locking toothing of a parking interlock gear acting on an output shaft of the automatic transmission to block the parking interlock gear and the output shaft against rotation”), the park system comprising:
an electro-hydraulic valve assembly (“hydraulically actuatable actuator” 100 and the valve body seen in Fig. 2) to deliver one or more fluid pressures (col. 6, line 5 – “parking lock also includes a hydraulically actuatable actuator 100, with the aid of which the shift position of the parking lock is predefined. As represented in FIG. 2, a piston 120 is arranged axially displaceably in a control housing 110 of the actuator 100, pressure is applied to the piston 120 in order to disengage the parking lock”), and
an actuation linkage (Figs. 2-3; at least “piston” 120, “first disk” 150, “second disk” 160 and “sealing ring” 96) including a piston (120) axially translatable along a longitudinal axis (axis through 120) in response to the one or more fluid pressures delivered thereto from the electro-hydraulic valve assembly (see Fig. 2; see col. 6, line 5 passage above),
a plate (150 or 160) pivotally coupled to the piston (120) such that movement of the piston (120) along the longitudinal axis (axis through 120) causes rotation of the plate (150 or 160) about a rotational axis (“selector shaft longitudinal axis” 91), and
a bushing (96) arranged between the plate (150 or 160) and an interior surface of a case of the transmission (not shown in Figs. 1-3) that supports the plate (150 or 160) for rotation about the rotational axis (col. 9, line 4 – “Since the emergency release lever 170 in the exemplary embodiment represented is arranged outside the transmission housing, the selector shaft 90 penetrates a housing wall (not represented here in greater detail) of the transmission housing. In a logical way, a sealing ring 96 is therefore provided for sealing this penetration point, which is inserted into a matching housing wall bore hole and through which the selector shaft 90 centrally extends”).
Regarding Claim 15, Herrmann teaches the park system of claim 11,
wherein: the actuation linkage (Figs. 2-3; at least 120, 150, 160 and 96) includes a biasing element (“spring” 80) surrounding the rotational axis (91) that applies a biasing force to the plate (150 or 160) to urge interaction between the plate (150 or 160) and the piston (120; see Figs. 1-3); and
the biasing element (80) and the bushing (96) cooperate to at least partially locate the plate (150 or 160) along the rotational axis (91; see Figs. 1-3).
Claim Rejections - 35 USC § 103
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.
Claims 1-4 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Herrmann (US 10,731,758), in view of Lohse (DE 10 2020 209 016). See translation provided by Applicant on November 30th, 2023 with parent application 18/525,056.
Regarding Claim 1, Herrmann teaches a transmission (Title – “Parking Lock of An Automatic Transmission For A Vehicle”) comprising:
an output shaft (not shown) to transmit torque to a load (col. 3, line 7 – “a parking interlock gear acting on an output shaft of the automatic transmission to block the parking interlock gear and the output shaft against rotation”); and
a park system (see Figs. 1-3) to selectively brake the output shaft (see col. 3 line 7 passage above), the park system comprising:
an electro-hydraulic valve assembly (100 and the valve body seen in Fig. 2) to deliver one or more fluid pressures (see col. 6, line 5 passage above), and
an actuation linkage (Figs. 2-3; at least 120, 150, 160, 80 and 96) including a piston (120) axially translatable along a longitudinal axis (axis through 120) in response to the one or more fluid pressures delivered thereto from the electro-hydraulic valve assembly (100 and the valve body seen in Fig. 2),
a plate (150 or 160) pivotally coupled to the piston (120) such that movement of the piston (120) along the longitudinal axis (axis through 120) causes rotation of the plate (150 or 160) about a rotational axis (91), and
a biasing element (80) extending through the plate (150 or 160) that surrounds the rotational axis (91) and applies a biasing force to the plate (150 or 160) to urge interaction between the plate (150 or 160) and the piston (120; see Figs. 1-3).
Herrmann does not teach “an input shaft to receive torque from a drive unit”. However, the background section of Herrmann teaches “an oil pump which is driven by an engine provided for driving the transmission” (emphasis added; col. 2, lines 26-27).
Lohse teaches a transmission (Fig. 1, “transmission” 3) comprising an input shaft (“input shaft” 31) to receive torque from a drive unit (“drive motor” 2; p. 5 – “1 shows a schematic representation of a motor vehicle 1 with an automatic transmission 3, which has at least one gear-forming shifting element 33 and can be driven by a drive motor 2 via a starting element 38. In this way, the drive power of the drive motor 2 can be transmitted from an input shaft 31 to an output shaft 32 of the automatic transmission 3 in preferably several different gears or gear steps”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the transmission taught by Herrmann with the drive unit and input shaft taught by Lohse, such that “an input shaft to receive torque from a drive unit”, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in combining known elements, and have the obvious advantage of reliably powering the transmission taught by Herrmann.
Regarding Claim 2, Herrmann and Lohse teach the transmission of claim 1,
Herrmann teaches wherein: the plate (Figs. 3-5, 150 or 160) is formed to include at least one mount aperture (“recess” 155 or “hole” 165), and
a mount tang (distal end of 80 seen in Figs. 2-3) of the biasing element (80) extends through the at least one mount aperture (155 or 165) such that the biasing element (80) is at least partially retained in place by the plate (150 or 160; col. 8, line 13 – “spring 80 provided for the engagement of the parking lock is a leg spring made of spring wire, the coils of which concentrically surround the hub 92 (and, therefore, also concentrically surround the selector shaft 90) on that side of the second disk 160 which faces away from the first disk 150, the first leg of which axially, as viewed in the selector lever longitudinal direction, penetrates a bore hole 165 in the second disk 160 as well as a recess 155 in the first disk 150”).
Regarding Claim 3, Herrmann and Lohse teach the transmission of claim 2,
Herrmann teaches wherein the at least one mount aperture (Figs. 3-5, 155 or 165) extends through the plate (150 or 160) in a direction at an angle relative to the rotational axis (91).
Regarding Claim 4, Herrmann and Lohse teach the transmission of claim 3,
Herrmann teaches wherein the mount tang (see Figs. 2-5) includes a first portion (distal end of 80) extending through the at least one mount aperture (155 or 165) in the direction and a second portion (coiled portion of 80) interconnected with the first portion (distal end of 80) by a bend (approximately 90° in Fig. 3) that is arranged outside of the at least one mount aperture (155 or 165) at an angle (approximately 90° in Fig. 3) to the first portion (see Figs. 3-5).
Regarding Claim 7, Herrmann and Lohse teach the transmission of claim 1,
Herrmann teaches wherein the plate (Figs. 3-5; 150 or 160) is supported for rotation about the rotational axis (91) by a bushing (96) that is arranged between the plate (150 or 160) and an interior surface of a case of the transmission (not shown; col. 9, line 4 – “Since the emergency release lever 170 in the exemplary embodiment represented is arranged outside the transmission housing, the selector shaft 90 penetrates a housing wall (not represented here in greater detail) of the transmission housing. In a logical way, a sealing ring 96 is therefore provided for sealing this penetration point, which is inserted into a matching housing wall bore hole and through which the selector shaft 90 centrally extends”).
Regarding Claim 8, Herrmann and Lohse teach the transmission of claim 7,
Herrmann teaches wherein the plate (Figs. 3-5; 150 or 160) is at least partially arranged along the rotational axis (91) between a sleeve (“hub” 92) of the actuation linkage (at least 120, 150, 160, 80 and 96) and the bushing (96; see Figs. 1-3).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Herrmann (US 10,731,758), in view of Lohse (DE 10 2020 209 016), and in view of Olson (US 4,076,208).
Regarding Claim 9, Herrmann and Lohse teach the transmission of claim 1.
Herrmann or Lohse do not teach “wherein: the piston is formed to include a first groove at an outer periphery thereof and a second groove at the outer periphery, and the first groove and the second groove are spaced from one another in a direction parallel to the longitudinal axis”.
Olson teaches a piston (Fig. 2, “piston rod” 14) is formed to include a first groove (for receiving a first “O-rings” 16a) at an outer periphery thereof and a second groove (for receiving a second “O-rings” 16a) at the outer periphery (see Fig. 2), and
the first groove and the second groove are spaced from one another in a direction parallel to a longitudinal axis (longitudinal axis of 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the piston taught by Herrmann with the O-rings taught by Olson, such that “wherein: the piston is formed to include a first groove at an outer periphery thereof and a second groove at the outer periphery, and the first groove and the second groove are spaced from one another in a direction parallel to the longitudinal axis”, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in combining known elements, and have the obvious advantage of sealing the piston taught by Herrmann.
Claims 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Schonlau (DE 10 2015 006 323), in view of Herrmann (US 10,731,758). See translation provided to Applicant with this Office Action.
Regarding Claim 16, Schonlau teaches a park system (Fig. 1, “parking lock” 1) configured to selectively brake an output shaft of a transmission (emphasis added), the park system (1) comprising:
an actuation linkage (“piston assembly” 17) having a piston (“actuating plunger” 24) axially translatable along a longitudinal axis (axis through 24) in response to one or more fluid pressures ([0036] – “The locking of the rest position of the piston assembly (17) takes effect when the force of the hydraulic pressure on the piston (18) exceeds the force of the spring (27)”),
a magnet assembly (“permanent magnet” 30, “sensor carrier” 29 and the hall sensor not shown in Fig. 1; [0045] – “The piston assembly (17) is rigidly connected to a sensor carrier (29) which carries a permanent magnet (30), the permanent magnet in conjunction with a Hall sensor enabling electrical monitoring of the position of the piston assembly”) affixed to the piston (24) for axial translation therewith that includes at least one magnet (30), and
a position sensor (“Hall sensor” not shown in Fig. 1; see [0045]) to detect a position of the at least one magnet (30) that is spaced from the longitudinal axis (see Fig. 1; axis through 24).
Schonlau does not teach “a park system to selectively brake an output shaft of a transmission, the park system comprising: an electro-hydraulic valve assembly to deliver one or more fluid pressures, an actuation linkage having a piston axially translatable along a longitudinal axis in response to the one or more fluid pressures delivered thereto from the electro-hydraulic valve assembly”.
Herrmann teaches a park system (see Figs. 1-2) to selectively brake an output shaft of a transmission (col. 3, line 6 – “locking pawl includes a ratchet tooth which, in the engaged condition of the parking lock, engages into a tooth space of a locking toothing of a parking interlock gear acting on an output shaft of the automatic transmission to block the parking interlock gear and the output shaft against rotation”), the park system comprising:
an electro-hydraulic valve assembly (100 and the valve body seen in Fig. 2) to deliver one or more fluid pressures (col. 6, line 5 – “parking lock also includes a hydraulically actuatable actuator 100, with the aid of which the shift position of the parking lock is predefined. As represented in FIG. 2, a piston 120 is arranged axially displaceably in a control housing 110 of the actuator 100, pressure is applied to the piston 120 in order to disengage the parking lock”), and
an actuation linkage (Figs. 2-3; at least 120, 150, 160 and 96) having a piston (120) axially translatable along a longitudinal axis (axis through 120) in response to the one or more fluid pressures delivered thereto from the electro-hydraulic valve assembly (see Fig. 2; see col. 6, line 5 passage above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the park system taught by Schonlau with the output shaft and electro-hydraulic valve assembly taught by Herrmann, such that “a park system to selectively brake an output shaft of a transmission, the park system comprising: an electro-hydraulic valve assembly to deliver one or more fluid pressures…an actuation linkage having a piston axially translatable along a longitudinal axis in response to the one or more fluid pressures delivered thereto from the electro-hydraulic valve assembly”, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in combining known elements, and have the obvious advantage of reliably engaging and disengaging the park system taught by Schonlau.
Regarding Claim 17, Schonlau and Herrmann teach the park system of claim 16,
Schonlau teaches wherein the magnet assembly (Fig. 1, 30, 29 and the Hall sensor not shown in Fig. 1; see [0045]) comprises a housing (29) that includes a mount plate (see Fig. 1) arranged in direct contact with a projection of the piston (24; see Fig. 1).
Regarding Claim 18, Schonlau and Herrmann teach the park system of claim 17,
Schonlau teaches wherein the housing (Fig. 1, 29) includes a U-shaped support bracket interconnected with the mount plate (portion of 29 in contact with 24).
Regarding Claim 19, Schonlau and Herrmann teach the park system of claim 18,
Schonlau teaches wherein the housing (Fig. 1, 29) includes a magnet enclosure (for receiving 30) interconnected with the support bracket and arranged opposite the mount plate (portion of 29 in contact with 24).
Regarding Claim 20, Schonlau and Herrmann teach the park system of claim 19,
Schonlau teaches wherein the magnet enclosure (Fig. 1, portion of 29 that receives 30) carries the at least one magnet (30) such that the at least one magnet (30) is spaced from the longitudinal axis (axis through 24).
Allowable Subject Matter
Claims 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.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
As allowable subject matter has been indicated, Applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The prior art of List (US 2024/0271700), Kristofcsak (US 9,518,657), Kidokoro (WO 2010/109786) and Selch (DE 10 2018 003 751) listed in the attached "Notice of References Cited" disclose similar park systems comprising linkages related to various aspects of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James J. Taylor II whose telephone number is (571)272-4074. The examiner can normally be reached M-F, 9:00 am - 5:00 pm EST.
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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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JAMES J. TAYLOR II
Primary Examiner
Art Unit 3655
/JAMES J TAYLOR II/Primary Examiner, Art Unit 3655