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 of Application No. 19/102,245 filed on 02/07/2025. Claims 8-14 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. The certified copy has been filed with application no JP2022-151297, filed on 09/22/2022.
Examiner Note
Examiner would welcome an interview to clarify any of the various objections/rejections seen below in order to expedite prosecution of the instant application.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. It is suggested to change the title to “ An automatic transmission unit for an electric vehicle”.
Applicant is reminded of the proper content of an abstract of the disclosure.
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 8-14 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.
Regarding claim 8, The "alignment chart" recited in the claims render the claims indefinite because the invention, a multi-speed transmission, is not clearly and specifically claimed, but rather a means for representing the invention is recited. The "alignment chart" recited in the claims are not a physical/structural component of the "multi-speed transmission" as currently disclosed. The alignment chart is a representation of the transmission is merely a figure and does not contribute to the invention. Additionally, the claims are directed towards an apparatus, and the representation of the apparatus on an alignment chart does not add any structural significance to the invention because the diagrams are not a part of the apparatus. By incorporating the "alignment chart and rotational part positions", etc., which are graphical representations of the transmission, the focus of the claims is shifted from the apparatus to a figure or drawing that may only be useful in understanding the construction of the apparatus, but plays no part in the apparatus itself. Incorporation by reference to a specific figure or table is permitted only in circumstances where there is no practical way to define the invention in words. See MPEP 2173.05(s).
The invention is a multi-speed transmission, not a means of characterizing the elements of the transmission. Because the application is for an apparatus, it is those specific elements which make up the apparatus that should be claimed, not their representatives or the means by which they are commonly characterized. Since claim language is taken literally, it is not true that the planetary gear operational elements are physically arranged on a sheet of paper called an alignment chart.
Claims 9-14 are also rejected as being dependent on a rejected base claim 8.
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.
Claim 8 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jang et al. (US 20080020889 A1).
Regarding claim 8, Jang discloses a unit (e.g. fig. 1, para 34) comprising:
an input element (e.g. IN, input shaft 100, fig. 1;
an output element (e.g. out, 200, fig. 1); and
a gear device (e.g. PG1, PG2) implemented by coupling rotational elements of a first planetary gear mechanism (e.g. PG1) and a second planetary gear mechanism (e.g. PG2) at two places and including a first rotational part (e.g. S1, S3), a second rotational part (e.g. PC1), a third rotational part (e.g. R1, R2), and a fourth rotational part (e.g. PC2) aligned in this order on an alignment chart, wherein
the input element (e.g. 100) is connectable to the first rotational part (e.g. S1, S3, via clutches C1 and C2, respectively) and connectable to the second rotational part (e.g. PC1),
the output element (200) is connected to the third rotational part (e.g. R, R1 via C4),
the fourth rotational part (e.g. PC2, P3) is switchable (via brake B1) between a rotating state and a non-rotating state,
the first rotational part includes a first sun gear (S1) of the first planetary gear mechanism (PG1) and a second sun gear (S3) of the second planetary gear mechanism (PG2), and
the third rotational part includes a first ring gear (e.g. first ring gear R1) of the first planetary gear mechanism (PG1) and a second ring gear (e.g. second ring gear R2) of the second planetary gear mechanism (PG2).
Allowable Subject Matter
Claims 9-14 are objected to as been dependent upon a rejected base claim 8, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and rewritten to overcome the rejection(s) under 35 U.S.C 112 (b) or 35 U.S.C 112 (pre-AiA), 2nd paragraph, set forth in this office action.
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.
Prior Art
Mock et al. (US 20230392673 A1) discloses drive system for a vehicle that includes a transmission with three forward and three reverse gears. The transmission is optionally coupled to an electric motor as part of a fully electric or hybrid drive system. The transmission optionally includes a first and a second planetary gearset, a first and a second brake, and a clutch. The system may be configured to separately engage the first or second brakes, or the clutch, and may be arranged to provide separate gear ratios as each is engaged and disengaged separately. A single electric motor may be provided with a single transmission, or multiple electric motors may be included to individually drive multiple separate tires, tracks, or other ground engaging elements. Single or multiple motors may be arranged upstream or downstream of the transmission, and they may be aligned parallel with or perpendicular to a drive axle.
HATTORI (US 5133697 A) teaches a planetary gear system has seven members rotatable relative to one another, one stationary member, and five selective engaging devices each disposed between two of the members. Each member contains one or more of elements which are input and output elements, a stationary element, and a number of active elements, such as sun gears, ring gears, and planet carriers, constituting a planetary gear arrangement connected between the input and output elements. This provides a number of forward gear ratios and at least one reverse gear ratio.
Oita et al. (US 20140371025 A1) teaches a similar kind of unit (e.g. 70, figs. 16-18) wherein an alignment chart (see fig. 18) and the second rotational element (R5) being disposed between the first rotational element (S5) and the third rotational element (CA5) on the alignment chart, the fifth rotational element (CA2) being disposed between the fourth rotational element (S2) and the sixth rotational element (R2)on the alignment chart.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARHANA PERVIN whose telephone number is (571)272-4644. The examiner can normally be reached Mon-Fri 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob S. Scott can be reached on 5712703415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FARHANA PERVIN/Examiner, Art Unit 3655
