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 office action is in response to the amendments/remarks filed on 06/02/2026. Claims 1-7, 10-12, 14 are pending; claims 1, 3, 7 have been amended; claims 8-9, 13,15 are canceled.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/02/2026 has been considered by the examiner.
Claim Interpretation
Regarding the phrase "connectable"; “coupled” in the various claims, applicant does not have provide any specification definition of the phrase in the specification. Therefore, the phrase should be given its ordinary meaning, which includes both direct or indirectly (e.g. with intermediate elements). If examiner construes the phrase to mean indirectly coupled, such interpretation would indicate (via intermediate member(s)).
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) 1-2, 4-5, 7, 10, 14 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by DU (CN 217227276 U)
DU discloses
Claim 1: a powertrain (100; fig.1) comprising:
a first electric motor (40),
a second electric motor (50),
a transmission (30, 60, 70), a planetary gear (21) and
two wheel drive axles (11,12),
wherein the transmission assembly comprises a first input (61) connected to the first electric motor (40),
a second input (71) connected to the second electric motor (50), and at least a first output (33) to which both the first electric motor (40) and the second electric motor (50) are configured to provide torque, wherein the first input (61) is connectable to the first output (33) by a plurality of gear sets (361/362, 363/364) being selectable by a first clutch assembly (34), and the second input (71) is connectable to the first output (33) by a plurality of gear sets (365/362, 366/364) being selectable by a second clutch assembly (35), to provide at least two gear ratios between the first output (33) and each of the first input (102) and the second input (120), wherein the gear sets (365,361,362) and clutch assemblies (34,35) are configured to allow a change between the two gear ratios without torque interrupt (¶[0076]);
and the planetary gear (21) comprises a sun gear (23), a ring gear (26), a carrier (25); the carrier (25) is connected to the wheel drive axles (11, 12) via a differential (13) having differential gears (gear within the differential 13 as shown in Fig.1), and the planetary gear (21) is controlled by a planetary gear clutch (22) to be shiftable between a first gear state (e.g. shift to the left), a second gear state (e.g. middle position. Note: as 22 is synchronizer thereof, it necessarily must pass through neutral/middle position when moving from one gear state to the other. Evidently, ¶[0063] of US2023/0142860 expressly recognizes that synchronizer (auxiliary shifting device) has a high speed range position, an open position, and a low speed range position supporting this interpretation that middle position constitutes a distinct a second gear state) and a third gear state (e.g. shift to the right), in the first gear state the ring gear (26) is kept rotationally stationary (27) to provide a highest possible inherent gear ratio between the carrier and the sun gear (¶[0046]), in the second gear state (e.g. middle position) a rotational speed of the ring gear (26) depends on the rotation of both the sun gear (23) and the carrier (25), and in the third gear state (e.g. right side) any two of the ring gear, the sun gear and the carrier are kept rotationally constant to each other to provide a 1:1 gear ratio between the sun gear and the carrier (as carrier is engaged to ring gear when synchronizer moves to right side, ¶[0026] ); and
the first output (33) of the transmission assembly is coupled to the sun gear (23);
the two wheel drive axles (11,12) extend on opposite ends of the differential (13) and are coaxial with the carrier (25); and the carrier (25) functions as both a carrier for planet gears (24) of the planetary gear and as a carrier for the differential gears (gears within differential 13 as shown in Fig.1. Note: as shown in Fig.1: carrier 25 carries planet gears 24 and connects to differential 13. Carrier 25 is common structure where the carrier transfers torque directly to differential and structurally supports both functions).
Claim 2: A powertrain according to claim 1, wherein the transmission assembly comprises a second output (32) connectable to (via 72,71) the second electric motor (50), the second output (32) being coupled to the ring gear (26 via 23, 24) or the carrier (25 via 23).
Claim 4: A powertrain according to claim 1, comprising a planetary clutch (22) for controlling a shift between the first gear state (e.g. shift to the left), the second gear state (e.g. middle position) and the third gear state (e.g. shift to the right ).
Claim 5: A powertrain according to claim 2, wherein a shift between the first gear state, the second gear state and the third gear state can be controlled (note: the underline limitation is interpret as “capable”, it does not require control is active or direct) through torque and speed applied to the sun gear (23) through the first output (33) and to the ring gear (27 via 23, 24) through the second output (32) (the shift between the three state is executed by moving synchronizer 22 between left, middle and right position. During this shift is capable of being controlled through torque and speed applied to sun and ring gears. For instance, in middle position, ring gear is not fixed, the torque and speed of sun and carrier will now determine the ring gear’s speed. During this state, ring gear’s speed can be controlled to match the ring gear’s speed that needs to be high range.)
Claim 7: A powertrain according to claim 1, wherein the first electric motor (40) and the second electric motor (50) may be are configured to be decoupled from the first output (33) by operating the first clutch assembly (34) and the second clutch assembly (35), respectively.
Claim 10: A powertrain according to claim 1, wherein the first input (61) is operably connectable to the sun gear (23) via any of a first torque path (363/364, 33) and a second torque path (361/362, 33), and the second input (71) is operably connectable to the sun gear (23) via any of a third torque path (365/362, 33) and a fourth torque path (366/364, 33), the first (363/364) and third torque path (365/362, 33) providing a first gear ratio (¶[0057], [0060]), and the second (361/362,33) and fourth torque path (366/364, 33) providing a second gear ratio (¶[0057]; [0060]).
Claim 14: A vehicle (¶[0001]) comprising a powertrain according to claim 1.
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(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over DU (CN 217227276 U) in view of LIAN (US 20180298994A1)
Claim 12: Du does not disclose wherein the first, second, third and fourth torque paths are operably connectable to the sun gear via a common gear.
Note: Du discloses wherein the first, second, third and fourth torque paths are operably connectable to the sun gear (23) via a common shaft (33) instead of gear.
LIAN teaches a transmission system (1000; fig.1) having a shaft (3) is spline structure (see¶[0034]) that splined with sun gear (11) of planetary gearset to deliver torque.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace shaft (33) from DU with spline shaft structure (3) as taught by LIAN for purpose of manufacturing simplicity, packaging efficiency, distribute torque load over larger surface area, reducing stress concentration and increasing fatigue life of shaft and gear connection.
Response to Arguments/Amendment
The prior object to the title has been withdrawn in light of the amendment to the title.
The previous objection to the specification has been withdrawn in light of the amendment to the specification.
The previous objection to the drawings have been withdrawn in light of the amendment to the specification.
The previous objection to claim 1 has been withdrawn in light of the amendment to claim 1.
The previous rejection under 35 USC§ 112 (b) have been withdrawn in light of the amendment to claims 1, 3, 7 and canceling claims 9 and 15.
Applicant’s arguments with respect to previous rejection of claims 1-12, 14-15 under 35 USC §102 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The previous nonstatutory double patenting has been withdrawn in light of the amendment to claim 1.
Allowable Subject Matter
Claims 3, 6, 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
DENG (CN113561748A) discloses half shafts pass through planetary gearset and differential; however, the ring gear is permanently fixed.
Li (CN115384295A) discloses half shafts pass through planetary gearset and differential; planetary gearset clutch that couple between ring and carrier, ring is brake; however, the filing date of Li is after the effective filing date.
Bi (CN118107366A) discloses half shafts pass through planetary gearset and differential; planetary gearset clutch that couple between ring and carrier, ring is brake; however, the filing date of Li is after the effective filing date.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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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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/LILLIAN T NGUYEN/ Examiner, Art Unit 3655a
/ERNESTO A SUAREZ/Supervisory Patent Examiner, Art Unit 3655
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