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 Claims
This is the first action on the merits for application 19/106,935 filed on 02/26/2025. Claims 1-15 are pending; claims 4-5, 7-15 have been amended.
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 02/26/2025 have been considered by the examiner.
The listing of references in the specification (WO 2020020441) is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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.
The disclosure is objected to because of the following informalities: reference number “1” have both been used to designate “first electric motor” and “second electric motor”, see page 16, line 39.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Note: Note: The specification is replete with inconsistent reference numbers and terms
which are not clear, concise and exact. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification such as: cleaned up specification with consistent numbering, spacing, and terminology.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “102” Fig.17.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “"5" and "5’"; “3” and “3’”.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "4" and "9" have both been used to designate sun gear, see page 20.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 1 recites "A powertrain comprising a first electric motor" should
read -- A powertrain comprising: a first electric motor .--
Appropriate correction is required.
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 1-15 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 1 recites “may”. It is indefinite because “may” introduces uncertainty whether the limitation follows after the word “may” is required, or optional.
Claim 1 recites “the planetary gear is shiftable between a first gear state, a second gear state and a third gear state” in line 17-18. since there is no mechanism (e.g. shifting mechanism; clutches) is recited in this limitation; thereof, it is unclear how the planetary gearset itself is shiftable in three different gear ratio as claimed.
Claims 3, 7 recites “may be”. It is indefinite because “may be” introduces uncertainty as to whether the component must be connected/ decoupled/ transferred, optionally be connected/ decoupled/ transferred or whether the claim intends to cover both scenarios.
Claim 9 recites “wherein the first electric motor and the second electric motor comprise a first drive shaft and a second drive shaft, respectively,”. It is unclear whether the first input and second input of claim 1 are the same structural elements as first drive shaft and second drive shaft recited in claim 9, or the inputs are distinct components that connected to the drive shafts of the motors.
Claim 15 recites “opening at least one clutch of the second clutch assembly in a complete torque path extending from the second motor to the wheel drive axle to decouple an initially connected first gear set”. It is unclear how the second clutch assembly could decouple first gearset as recited in line 5 of claim 15; thereof, it is unclear “first gear set” in line 12 refers to “first gear set” in line 5 of claim 15 or different gear set.
The dependent claims are also rejected due to their dependency from claim 1.
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.
Claim(s) 1-12, 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brudeli (US 20210309095 A1)
Brudeli discloses:
Claim 1: a powertrain (Fig.8) comprising a first electric motor (4a), a second electric motor (4b), a transmission assembly (2a, 2c), a planetary gear (see annotated Fig below) and a wheel drive axle (6)
wherein the transmission assembly ( 2a, 2c) comprises
a first input (rotor shaft of 4a) connected to the first electric motor (4a),
a second input (rotor shaft of 4b) connected to the second electric motor (4b), and
at least a first output (see annotated Fig below) to which the first electric motor (4a) and the second electric motor(4b) may provide torque (via counter shaft-as label in annotated fig below), wherein
the first input (rotor shaft of 4a) is connectable to the first output (see annotated Fig below) by a plurality of gear sets (gear sets between the first clutch assembly as shown see annotated Fig below) being selectable by a first clutch assembly (see annotated Fig below), and
the second input (4b) is connectable to the first output (see annotated Fig below) by a plurality of gear sets (gear sets between the second clutch assembly see annotated Fig below) being selectable by a second clutch assembly (see annotated Fig below), to provide at least two gear ratios between the first output (see annotated Fig below) and each of the first input (rotor shaft of 4a) and the second input (rotor shaft of 4b), wherein
the gear sets (gear sets between the first and second clutch assembly see annotated Fig below) and clutch assemblies (see annotated Fig below) are configured to allow a change between the two gear ratios without torque interrupt (as both motors have different input torque paths to clutch assemblies) ; and
the planetary gear (e.g. carrier, ring, sun as labeled in annotated Fig below) comprises a sun gear (see annotated Fig below), a ring gear (see annotated Fig below) and a carrier (see annotated Fig below),
the carrier (see annotated Fig below) is connected to the wheel drive axle (6) and
the planetary gear (e.g. carrier, ring, sun as labeled in annotated Fig below) is shiftable between a first gear state (e.g. ring is fixed), a second gear state1 (e.g. neutral position: ring and carrier is not connected) and a third gear state (e.g. when ring and carrier is connected),
in the first gear state (e.g. when planetary clutch is on left side, ring is fixed) the ring gear (see annotated Fig below) is kept rotationally stationary to provide a highest possible inherent gear ratio between the carrier (see annotated Fig below) and the sun gear (see annotated Fig below),
in the second gear state1 (e.g. when planetary clutch is in neutral position, ring and carrier is not connected) a rotational speed of the ring gear (see annotated Fig below) depends on the rotation of both the sun gear (see annotated Fig below) and the carrier (see annotated Fig below) (e.g. since it is planetary gearset arrangement, rotational speed of ring depends on both sun and carrier) , and
in the third gear state ( e.g. when planetary clutch is on right side, ring and carrier is connected) any two of the ring gear (see annotated Fig below), the sun gear and the carrier (see annotated Fig below) are kept rotationally constant to each other to provide a 1:1 gear ratio between the sun gear (see annotated Fig below) and the carrier (see annotated Fig below); and
the first output (see annotated Fig below) of the transmission assembly is coupled to the sun gear (see annotated Fig below)
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Claim 2: A powertrain according to claim 1, wherein the transmission assembly comprises a second output (see annotated Fig below) connectable to the second electric motor (4b), the second output being coupled
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Claim 3: A powertrain according to claim 2, wherein the transmission assembly comprises a third clutch assembly (5a,5b) configured to couple the second output (see annotated Fig below rejection of claim 2) and the second electric motor (4b) such that torque and rotation may be transferred from the second electric motor (4b) see annotated Fig. below rejection of claim 1).
Claim 4: A powertrain according to claim 1, comprising a planetary clutch (see annotated Fig below rejection of claim 1) for controlling a shift between the first gear state (when sleeve is in left side), the second gear state (sleeve is in the middle) and the third gear state (sleeve is in right side).
Claim 5: A powertrain according to claim 2, wherein a shift between the first gear state (sleeve of planetary clutch is positioned to the left), the second gear state (sleeve is in middle) and the third gear state (sleeve is positioned to the right) can be controlled through torque and speed applied to the sun gear through the first output and to the ring gear through the second output (in the first state where the sleeve of planetary clutch is positioned to the left, torque and speed are applied to sun gear via first output, ring gear reaction is controlled via second output; in the second state: torque and speed control is applied to sun gear via first output and ring gear through second output; in the third state: sun is driven via first output and ring gear is driven via second output).
Claim 6: A powertrain according to claim 3, wherein any of the second clutch assembly (see annotated fig below rejection of claim 1) and the third clutch assembly (5a, 5b) is configured to selectively disconnect the second electric motor (4b) from the first output (see annotated fig below rejection of claim 2) (when second clutch assembly is disengaged, the torque path from motor 4b to planetary gear to first output is interrupted. And similarly, when 5a and 5b are disengaged, the torque path from motor 4b is disconnected from first output).
Claim 7: A powertrain according to claim 1, wherein the first electric motor (4a) and the second electric motor (4b) may be decoupled from the first output (see annotated Fig below rejection of claim 1) by operating the first clutch assembly (see annotated fig below rejection of claim 1) and the second clutch assembly (see annotated fig below rejection of claim 1 ), respectively (when second clutch assembly is disengaged, the torque path from motor 4b to planetary gear to first output is interrupted; and when first clutch is disengaged, the torque path from motor 4a to first output is disconnected)
Claim 8: A powertrain according to claim 1, wherein the carrier (see annotated Fig below rejection of claim 1) and wheel drive axle (6) are co-axial (share the same axis in axial direction).
Claim 9: A powertrain according to claim 1, wherein the first electric motor (4a) and the second electric motor (4b) comprise a first drive shaft (first input) and a second drive shaft (second input), respectively, the first and second drive shafts are parallel to, and positioned on opposite sides of, a centreline of the planetary gear (see annotated Fig below rejection of claim 1) (note: for the purpose of examining, examiner interprets first drive shaft and second drive shaft is first and second input as recited in claim 1).
Claim 10: A powertrain according to claim 1, wherein the first input (rotor shaft of 4a) is operably connectable (via counter shaft and first and second clutch assemblies) to the sun gear (see annotated Fig below rejection of claim 1) via any of a first torque path (via first input and 2a and 2b to sun gear) and a second torque path (via first input and alternative clutch selection of 2b then to 2c to sun gear), and the second input (rotor shaft of 4b) is operably connectable to the sun gear (see annotated Fig below rejection of claim 1) via any of a third torque path (via second input through 5a, 2a and 2b to sun gear) and a fourth torque path (via second input though 5a, alternative clutch selection 2b then to 2c to sun gear) , the first and third torque path providing a first gear ratio (as both first and third paths go through 2a and 2b to sun gear thereof, it provides first gear ratio), and the second and fourth torque path providing a second gear ratio (as both second and fourth paths go through 2b and 2c to sun gear thereof, it provides second gear ratio)
Claim 11: A powertrain according to claim 2, wherein the first input (rotor shaft of 4a) is operably connectable to the sun gear (see annotated Fig below rejection of claim 1) via any of a first torque path (via first input and 2a and 2b to sun gear) and a second torque path (via first input and alternative clutch selection of 2b then to 2c to sun gear), and the second input (rotor shaft of 4b) is operably connectable to the sun gear (see annotated Fig below rejection of claim 1) via any of a third torque path (via second input through 5a, 2a and 2b to sun gear) and a fourth torque path (via second input though 5a, alternative clutch selection 2b then to 2c to sun gear), the first and third torque path providing a first gear ratio (as both first and third paths go through 2a and 2b to sun gear thereof, it provides first gear ratio), and the second and fourth torque path providing a second gear ratio (as both second and fourth paths go through 2b and 2c to sun gear thereof, it provides second gear ratio), wherein the second input (rotor shaft of 4b) is operably connectable (via planetary clutch) see annotated Fig below rejection of claim 1) via a fifth torque path (via second input through 5a, 5b, second output and planetary clutch).
Claim 12: A powertrain according to claim 10, wherein the first, second, third and fourth torque paths are operably connectable to the sun gear (see annotated Fig below rejection of claim 1) via a common gear (see annotated Fig below).
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Claim 14: A vehicle (¶[0049]) comprising a powertrain (Fig.8) according to claim 1.
Claim 15: A method of shifting gears in a powertrain according to claim 1, the method comprising the steps of:
- opening (move sleeve to middle) at least one clutch of the first clutch assembly (see annotated fig. below rejection of claim 1) in a complete torque path extending from the first motor (4a) to the wheel drive axle (6) to decouple an initially connected first gear set (gearset to the right of first clutch assembly);
- adjusting the rpm of the first motor (4a) so that the rpm fits a second gear set (gearset to the left of first clutch assembly) connected to the at least one clutch of the first clutch assembly (4a actively control speed to perform synchronization);
- closing (move sleeve to the left) the at least one clutch of the first clutch assembly (see annotated fig below rejection of claim 1) to connect the second gear set (gearset to the left of first clutch assembly) to the first motor (4a);
- opening (moves sleeve middle) at least one clutch of the second clutch assembly (see annotated fig below rejection of claim 1) in a complete torque path extending from the second motor (4b) to the wheel drive axle (6) to decouple an initially connected first gear set (gearset to the left of second clutch assembly) (note for the purpose of examining, examiner interprets first gearset is different gear set);
- adjusting the rpm of the second motor (4b) so that the rpm fits a second gear set (gearset to the right of second clutch assembly) connected to the second clutch (4b actively control speed to perform synchronization); and
- closing (move sleeve to the right) the at least one clutch of the second clutch assembly (see annotated fig below rejection of claim 1) to connect the second gear set (gearset to the right of second clutch assembly) to the second motor (4b).
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brudeli (US 20210309095 A1) in view of Gitt (US 8584543 B2)
Claim 13: Brudeli does not disclose wherein the carrier is connected to the wheel drive axle via a differential.
Gitt teaches a powertrain (1; Fig.1) having planetary gearset (50) with a carrier (54) is connected to drive axle (41) via differential (40).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include differential (40) between carrier and drive axle as taught by Gitt in the powertrain of Brudeli . Incorporating differential does not alter fundamental operation of Brudeli’s planetary gearset. In addition, the purpose of adding the differential would predictably serve well known purpose of distributing torque to multiple driven wheels while permitting relative wheel speeds.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 19/108,163 (reference application).
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of current application and the claims of co-pending applicant claim the same invention using different combination of the same limitations.
Claim 1: see claim 1 of copending Application No. 19/108,163.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kaltenbach (DE102011086327A1) discloses powertrain with planetary gearset connects to drive axle via differential.
Steinborn (DE102008002380) discloses two motors with planetary clutch and planetary gearset.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lillian T Nguyen whose telephone number is (571)270-5404. The examiner can normally be reached Monday-Friday, 8:30am-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, 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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/ERNESTO A SUAREZ/Supervisory Patent Examiner, Art Unit 3655
/LILLIAN T NGUYEN/Examiner, Art Unit 3655A
1 Planetary clutch appears to be double sides dog clutches as shown in annotated Fig. below. It is understood in the art that double dog clutch synchronizer is capable of having neutral position. For instance, Hiraiwa (US 20030100395 A1) discloses a shifting mechanism 42, has sleeve 42a, clutch gear 42b and 42c. The sleeve 42a can be moved along with the first shaft 16 to mesh with one of the clutch gears 42b, 42c or not to mesh with either of them (neutral position) (see ¶[0035]).