DETAILED ACTION
The following action is in response to application 19/103,904 filed on February 14, 2025.
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 .
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 6-9 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.
With regard to claim 6, applicant claims where specific parts are located and in a specific order “on an alignment chart.” It can be shown, however, this is how the invention is depicted in a specific type of drawing and not the structure itself. Applicant is not allowed to incorporate a figure or drawing into the claims. See MPEP 2173.05(s). Since the elements of the invention are not physically located on a drawing figure, the invention as currently claimed is unclear and therfore indefinite. Claims 7-9 depend upon claim 6.
The claims will be treated as best understood.
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 (i.e., changing from AIA to pre-AIA ) 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(s) 6 and 8-9 (as best understood) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaltenbach (US 20190283564). With regard to claim 6, Kaltenbach teaches a unit comprising: an input element 8; an output element 9; and a gear device including a first rotational part, a second rotational part, a third rotational part, and a fourth rotational part arranged in this order on an alignment chart, wherein the input element is connectable to the first rotational part and connectable to the second rotational part, the output element is connected (functionally) to the third rotational part, the fourth rotational part is switchable between a rotating state and a non-rotating state, the gear device includes a first planetary gear mechanism 2 including a first rotational element 4, a second rotational element 5, and a third rotational element 6, the second rotational element being disposed between the first rotational element and the third rotational element on the alignment chart, and a second planetary gear mechanism 3 including a fourth rotational element 10, a fifth rotational element 12, and a sixth rotational element 11, the fifth rotational element being disposed between the fourth rotational element and the sixth rotational element on the alignment chart, the first rotational part is implemented (when E is engaged) by coupling a carrier 6 which is the third rotational element and a sun gear 10 which is the fourth rotational element, the second rotational part is implemented by a ring gear 5 which is the second rotational element, the third rotational part is implemented (during Gear 4.10; Fig. 3; when C & F are engaged) by coupling a sun gear 4 which is the first rotational element and a carrier 12 which is the fifth rotational element, the fourth rotational part is implemented by a ring gear 6 which is the sixth rotational element, the unit further comprises: a first engagement element F; a second engagement element E; and a third engagement element D, one side of the first engagement element F is connected to the input element 8 (Fig. 1), the other side of the first engagement element F is connected to the second rotational part 5, one side of the second engagement element E is connected to the input element 9, the other side of the second engagement element E is connected to the first rotational part (during Gear 4.10, Fig. 3, Fig. 1), one side of the third engagement element D is connected to the fourth rotational part 11, and the other side of the third engagement element D is fixed (Fig. 1). With regard to claim 8, Kaltenbach teaches the unit, wherein three gear positions are implemented by changing two elements to be engaged among the first to third engagement elements (Fig. 3). With regard to claim 9, Kaltenbach teaches the unit, wherein the one side of the first engagement element F and the one side of the second engagement element E are implemented as an integrated component (Fig. 1).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaltenbach ‘564 as applied to claim 6 above, and further in view of Voelkel (DE 102019119951A1, cited in IDS). With regard to claim 7, Kaltenbach teaches the unit, wherein the third engagement element D is disposed axially outward of the gear device Fig. 1). Kaltenbach lacks the specific teaching wherien the first and second engagement elements are disposed axially outward of the gear device. Voelkel teaches a similar unit comprising a first engagement element 12b connecting an input element 2 with a second rotational part/ring gear 10a of a first planeary gear mechanism 4, and a second engagement element 12a connecting the input element 2 with a first rotational part including a sun gear 9b of a second planetary mechanism 5, wherein both the first and second engagement elements are disposed axilly outward of the gear device 4/5 (Fig. 2). It would have been obvious to one of ordinary skill in the art prior to the effective filign date of the present invention to modify Klatenbach to employ first and second engagement elements disposed axially outward of the gear device in view of Voelkel in order to reduce axial space needed within the gear device and also provide easier access for maintenance of the first and second engagmeent elements.
Suggestions for Applicant
A suggestion that would correct the 35 USC 112, second paragraph issues as well as place the application in condition for allowance follows (please note: the suggested changes are believed to reflect what applicant intended to claim that would also overcome the cited art):
6. A unit comprising: an input element; an output element; and a gear device including a first rotational part, a second rotational part, a third rotational part, and a fourth rotational that is rotationally fixed to that is rotationally fixed to element, the fourth rotational part is
Please Note: When one element is claimed to be rotationally fixed to another, this is interpreted as the two elements always being rotationally fixed to each other.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hicks (US 5358458) has been cited to show a similar unit comprising: an input 10, an output 11, a first engagement element C1 connecting the input 10 to a ring gear 18 of a first planetary gear mechanism 13, a first rotational part 21 implemented by a carrier of the first planetary gear mechanism (@20) and a sun gear 15 of a second planetary gear mechanism.
Usoro (US 20060178243) has been cited to show a similar unit comprising: an input 17, an output 470, a second engagement element 450 connecting the input 17 to a first rotational part implemented by a carrier 437 of a first planetary gear mechanism 430 and a sun gear 422 of a second planetary gear mechanism 422, and a third engagement device 458 which can fix a ring gear 424 of the second planetary gear mechanism.
Beck (US 20190078665) has been cited to show a similar unit comprising: an input GW1, an output GW2, a second engagement element K1 connecting the input GW1 to a first rotational part implemented by a carrier E21 of a first planetary gear mechanism P1 and a sun gear E12 of a second planetary gear mechanism P2, and a third engagement device B2 which can fix a ring gear E32 of the second planetary gear mechanism, wherein the output is connected to a carrier E22 of the second planetary mechanism.
Kamiyama (US 20260043459, 20260054565, 20260055798, 12704171) have been cited to show similar units from the same assignee and inventors that do not have double patenting issues.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROGER L PANG whose telephone number is (571)272-7096. The examiner can normally be reached M-TH 05:30-16:00.
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/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
September 23, 2026
