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 .
Status of the Claims
Claims 1-16 are pending in the application.
In the Preliminary Amendment filed 04 February 2025, claims 1-10 were amended and new claims 11-16 were added. These amendments have been entered.
Specification
The disclosure is objected to because of the following informalities: Appropriate correction is required.
Paragraph [0033] of the Specification, as amended in the Preliminary Amendment filed 04 February 2025, should be amended as follows:
--The first shaft 12 and the second shaft 16 are supported in the area of the spline coupling 22 by means of a (common) bearing 34. The (common) bearing 34 has a bearing inner ring 36 and a bearing outer ring 37. The bearing inner ring 36 makes contact with the first shaft 12 and the second shaft 16. In the example, the bearing inner ring 36 has a greater axial length than the bearing outer ring 37.--
In paragraph [003] of the Specification, as amended in the Preliminary Amendment filed 04 February 2025, “lubricant channel 28” should be amended to --lubricant channel 24--.
Drawings
The drawings are objected to for the following informalities:
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following claim elements must be shown or the feature(s) canceled from the claim(s) [No new matter should be entered]:
The “conically shaped plug element” of claim 3 (Examiner notes that Fig. 1 does show a plug element (28), but it is not shown with a conical shape)
The arrangement of claim 9 with the first shaft (12) being configured as a hollow shaft, the first toothing (14) being configured as an internal toothing, and the second toothing (18) being configured as an external toothing
The vehicle/motor vehicle of claims 10 and 16
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 15 is 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.
Re Claim 15: Claim 15 recites the limitation "the bearing" in line 2. There is insufficient antecedent basis for this limitation in the claim or in claims 1 and 6, from which the claim depends.
For examination purposes, for this Office Action only, the Examiner will interpret this limitation as --a bearing--.
Clarification and correction are required.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 12 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Re Claim 12: Claim 12 only further recites “wherein the lubricant is oil.” However, the “lubricant” recited in claim 1 is not a positively claimed element of the claimed “drive assembly”, but rather it is only recited as a functionally as an intended use of the “at least one lubricant channel.” Therefore, it is unclear how claim 12 is meant to further limit claim 1, since the “lubricant” itself is not a required element of the “drive assembly” of claim 1.
For examination purposes, for this Office Action only, the Examiner will interpret this claim to mean that the “at least one lubricant channel” is capable of being used to convey oil as a lubricant.
Clarification and correction are required.
Examiner notes that any prior art rejections made in this Office Action are made in view of the claims, as best understood by the Examiner, in view of the above indefiniteness rejections.
Claim Rejections - 35 USC § 102
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 1-2 and 4-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akiyama (JP 2003-120894, a copy of which was provided by Applicant with the IDS filed 17 April 2026).
PNG
media_image1.png
445
382
media_image1.png
Greyscale
Re Claim 1: Akiyama discloses a drive assembly (see Figs. 2-7), comprising:
a first shaft (8/9; Examiner notes that either the “rotor shaft 8” or the “rotating shaft 9” can be considered the “first shaft”) with a first toothing (20/21),
a second shaft (9/8; Examiner notes that the other of the “rotor shaft 8” or the “rotating shaft 9” can be considered the “second shaft”) with a second toothing (21/20), wherein the first shaft and the second shaft can be rotated about an axis of rotation,
wherein the second shaft (9/8) is configured as a hollow shaft (note that both shafts 8 and 9 have a hollow section), wherein the first toothing (20/21) of the first shaft and the second toothing (21/20) of the second shaft form a spline coupling (22) for transmitting a torque, and
at least one lubricant channel (for example, oil passage 23) for conveying lubricant, into the second shaft.
Re Claim 2: Akiyama discloses a drive assembly, wherein the lubricant channel (23) is arranged in an area of an end (at the left-hand end of Fig. 2) of the second shaft (for example, “rotor shaft 8”) facing away from the first shaft (9).
Re Claim 4: Akiyama discloses a drive assembly, wherein the first shaft (for example, “rotor shaft 8”) has at least one lubricant groove (20) on its outer side for direct conveyance of lubricant, on the outer side of the first shaft.
Re Claim 5: Akiyama discloses a drive assembly, where the first shaft and the second shaft are supported, by a bearing (the bearing being considered the combination of bearings 13, 14 and housing 24), wherein the bearing comprises a bearing inner ring (formed by the combination of the inner rings of bearings 13, 14), wherein the bearing inner ring makes contact with the first shaft (8) and the second shaft (9), wherein the bearing inner ring has at least one lubricant opening (for example, formed by the gap formed between bearing 13 and bearing 14) for direct conveyance of lubricant, through the bearing inner ring.
Re Claim 6: Akiyama discloses a drive assembly, wherein a radial shaft sealing ring (30) is arranged on the first shaft (for example, “rotor shaft 8”).
Re Claim 7: Akiyama discloses a drive assembly, wherein the drive assembly has a lubricant guide ring (for example, formed by oil reservoir 26) for the direct conveyance of lubricant, to the bearing.
Re Claim 8: Akiyama discloses a drive assembly, wherein the first toothing (20) of the first shaft (for example, “rotor shaft 8”) is configured as external toothing and the second toothing (21) of the second shaft (for example, “rotating shaft 9”) is configured as internal toothing.
Re Claim 9: Akiyama discloses a drive assembly, wherein the first shaft (for example, “rotating shaft 9”) is configured as a hollow shaft, the first toothing (21) of the first shaft is configured as internal toothing and the second toothing (20) of the second shaft (for example, “rotor shaft 8”) is configured as external toothing.
Re Claim 10: Akiyama discloses a vehicle (comprising the hybrid system 1 with engine 2, generator 3, and motor 7; see Fig. 1), having at least one drive assembly (see Figs. 2-7) according to claim 1 (see rejection of claim 1 above).
Re Claim 11: Akiyama discloses a drive assembly, wherein the drive assembly is for a vehicle (comprising the hybrid system 1 with engine 2, generator 3, and motor 7; see Fig. 1)).
Re Claim 12, as best understood by the Examiner: Akiyama discloses a drive assembly, wherein the at least one lubricant channel (oil passage 23) is capable of being used to convey oil as a lubricant.
Re Claim 13: Akiyama discloses a drive assembly, wherein the lubricant channel (23) opens into or projects into the end (at the left-hand end of Fig. 2) of the second shaft (8) facing away from the first shaft (9).
Re Claim 14: Akiyama discloses a drive assembly, wherein the first shaft (8) and the second shaft (9) are supported by the bearing (13, 14, 24) in an area of the spline coupling (22).
Re Claim 15: Akiyama discloses a drive assembly, wherein the drive assembly has a lubricant guide ring (for example, formed by oil reservoir 26) for the direct conveyance of lubricant to the bearing (13, 14, 24) and/or to the radial shaft sealing ring (30).
Re Claim 16: Akiyama discloses a vehicle (comprising the hybrid system 1 with engine 2, generator 3, and motor 7; see Fig. 1), wherein the vehicle is a motor vehicle (including motor 7).
Claims 1-2, 4, 6, 8-13, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rauschenbach (US Patent 7,261,636).
Re Claim 1: Rauschenbach discloses a drive assembly (see Fig. 1), comprising:
a first shaft (4/9; Examiner notes that either the “first shaft 4” or the “second shaft 9” can be considered the “first shaft”) with a first toothing (8/10),
a second shaft (9/4; Examiner notes that the other of the “first shaft 4” or the “second shaft 9” can be considered the “second shaft”) with a second toothing (10/8), wherein the first shaft and the second shaft can be rotated about an axis of rotation (13),
wherein the second shaft (9/4) is configured as a hollow shaft (note that both shafts 4 and 9 have a hollow section), wherein the first toothing (8/10) of the first shaft and the second toothing (10/8) of the second shaft form a spline coupling for transmitting a torque, and
at least one lubricant channel (for example, lubricant chamber 37) for conveying lubricant, into the second shaft.
PNG
media_image2.png
560
812
media_image2.png
Greyscale
Re Claim 2: Rauschenbach discloses a drive assembly, wherein the lubricant channel (37) is arranged in an area of an end (at the left-hand end of Fig. 1) of the second shaft (for example, “second shaft 9”) facing away from the first shaft (4).
Re Claim 4: Rauschenbach discloses a drive assembly, wherein the first shaft (for example, “first shaft 4”) has at least one lubricant groove (38) on its outer side for direct conveyance of lubricant, on the outer side of the first shaft.
Re Claim 6: Rauschenbach discloses a drive assembly, wherein a radial shaft sealing ring (for example, sealing ring 42) is arranged on the first shaft (9).
Re Claim 8: Rauschenbach discloses a drive assembly, wherein the first toothing (10) of the first shaft (for example, “second shaft 9) is configured as external toothing and the second toothing (8) of the second shaft (for example, “first shaft 4”) is configured as internal toothing.
Re Claim 9: Rauschenbach discloses a drive assembly, wherein the first shaft (for example, “first shaft 4”) is configured as a hollow shaft, the first toothing (8) of the first shaft (4) is configured as internal toothing and the second toothing (10) of the second shaft (for example, “second shaft 9”) is configured as external toothing.
Re Claim 10: Rauschenbach discloses a vehicle (an “agricultural machinery”; see abstract), having at least one drive assembly (see Fig. 1) according to claim 1 (see rejection of claim 1 above).
Re Claim 11: Rauschenbach discloses a drive assembly, wherein the drive assembly is for a vehicle (an “agricultural machinery”; see abstract).
Re Claim 12, as best understood by the Examiner: Rauschenbach discloses a drive assembly, wherein the at least one lubricant channel (37) is capable of being used to convey oil as a lubricant.
Re Claim 13: Rauschenbach discloses a drive assembly, wherein the lubricant channel (37) opens into or projects into the end (at the left-hand end of Fig. 1) of the second shaft (9) facing away from the first shaft (4).
Re Claim 15, as best understood by the Examiner: Rauschenbach discloses a drive assembly, wherein the drive assembly has a lubricant guide ring (for example, guiding portion 45 of valve 25; see Fig. 2) for the direct conveyance of lubricant to a bearing (for example, bearing 3) and/or to the radial shaft sealing ring (42).
Re Claim 16: Rauschenbach discloses a vehicle, wherein the vehicle is a motor vehicle (an “agricultural machinery”; see abstract).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Rauschenbach (US Patent 7,261,636).
Re Claim 3: Rauschenbach, as applied to claim 1 above, discloses a drive assembly significantly as claimed, wherein the second shaft (for example, “second shaft 6”), at its end (the left-hand end in Fig. 1) facing away from the first shaft (4), has a plug element (34) in order to prevent lubricant from escaping, from the end of the second shaft facing away from the first shaft.
Rauschenbach fails to explicitly disclose wherein the plug element is conically shaped.
Examiner notes that it has been held that a change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) [discussed in MPEP 2144.04].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Rauschenbach, with a reasonable expectation of success, such that the plug element is conically shaped, for the purpose of, for example, aiding in insertion and placement of the plug element.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MCMAHON whose telephone number is (571)270-3067. The examiner can normally be reached Mon-Fri 9am-5pm.
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, Amber Anderson can be reached at (571) 270-5281. 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.
/MATTHEW R MCMAHON/Primary Examiner, Art Unit 3678
Prosecution Insights