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 .
DETAILED CORRESPONDENCE
This is the first Office Action on the merits of Application 19/102,518 filed on 2/10/25. Claims 6-10 are pending. Claims 1-5 have been cancelled due to a preliminary amendment.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/10/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
Title
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.
Applicant is reminded of the proper content of an abstract of the disclosure.
Abstract
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 it exceeds 150 words. 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 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 6-10 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 6
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 7-10 are also rejected as being dependent on a rejected base claim.
Allowable Subject Matter
Claims 6-10 would be allowable if 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
D.W. Kelbel ‘975 teaches two planetary gear sets with two clutches and one brake, but lacks connections from the clutches to the first ring gear and first carrier.
Hiramatsu ‘018 teaches three planetary gear sets with two clutches and one brake, but lacks connections from the clutches to the first ring gear and first carrier.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUAN LE whose telephone number is (571)270-3122. The examiner can normally be reached on Monday - Friday 9:00am - 5:00pm PST.
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, Jacob Scott can be reached on 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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/HUAN LE/Primary Examiner, Art Unit 3655
