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 01/26/2026. Claims 1, 3-7, 9, 11-12, 14-17, 19-20 are pending; claims 1, 3-4, 9, 11-12, 14-15, 17 has been amended; claim 2, 8, 10, 13 are canceled; claim 20 is added.
Claim Interpretation
Regarding the terms “coupled” or “connected/connectable” in the various claims. Accordingly, under BRI, these terms are construed to encompass direct or indirectly (e.g. with intermediate elements).
Examiner’s Note
The preliminary amendment submitted on 3/2/2026 presented claims 6-7, 15-16 as depended upon claim 1; and claims 19 was depended upon either of claims 1-7. However, in the most recently amended claim set submitted on 1/26/2026, claims 6-7, 15-16, 19 are rewritten to depended from “any of the preceding claims”. It appears that the current amendment was made with reference to earlier version of the claims rather than the preliminary amended set. For the purpose of examination, the examiner will examine the claims as presented in the most recent amendment.
Specification
The abstract of the disclosure is objected to because (1)- the abstract includes phrases, such as, "This disclosure concerns," "The disclosure defined by this invention," "This disclosure describes," etc., it should avoid using those phrases; (2)-the abstract of the disclosure is objected to because abstract exceeds 150 words. See MPEP 608.01(b).
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).
The disclosure is objected to because of the following informalities:
Reference character(s): “3” is not mentioned in the description.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 19 recites “the output shaft (and the planetary gear” should read -- the output shaft [[(]] and the planetary gear --to correct error.
Claim 1, line 22 recites “the carrier ( and the sun gear” should read --the carrier [[(]] and the sun gear-- to correct error.
Appropriate correction is required.
Claims 12, 14 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim
Claim 12 recites “A powertrain according to claim 1 or 7”; wherein claim 7 is also another multiple dependent claim. This creates improper multiple dependent form since a multiple dependent claim may not serve as a basis for any other multiple dependent claim, either directly or indirectly. See MPEP 608.01(n)
Claim 14 recites “A powertrain according to claim 1, 11 or 12”; wherein claim 12 another multiple dependent claim. This creates improper multiple dependent form since a multiple dependent claim may not serve as a basis for any other multiple dependent claim, either directly or indirectly. See MPEP 608.01(n).
Accordingly, the claims 12,14 have not been further treated on the merits.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 6-7, 9, 11-12, 14-17, 19 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 6 and 7 recites “ a powertrain according to any of the preceding claims”. Claim 6 and 7 are improper dependent form since multiple dependent claim cannot refer back to cancelled claim 2.
Claim 11 recites “wherein the second output comprises a first gear meshing with a second gear connected to, or forming an integral part of, the ring gear.” The limitation is redundant and does not further limit claim 1.
Claims 15 and 16 recites “ a powertrain according to any of the preceding claims”. Claim 15 and 16 are improper dependent form since multiple dependent claim cannot refer back to cancelled claims 2, 8, 10 and 13.
Claim 19 recites “a vehicle comprising a powertrain according to any of the preceding claims” Claim 15 is improper dependent form since multiple dependent claim cannot refer back to cancelled claims 2, 8, 10, 13, 18.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
The dependent claims are also rejected due to their dependency upon claim which it depends.
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 7, 9, 11-12, 14-17, 19 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 7 recites “a combustion engine or a third electric motor”. It is unclear “engine” “third electric motor” is redundant limitation from claim 1 or intended to imposed additional engine or another motor.
Claim 11 recites “wherein the second output comprises a first gear meshing with a second gear connected to, or forming an integral part of, the ring gear.” It is unclear “a first gear”, “second gear” is redundant limitation from claim 1 or intended to imposed additional gears.
Claim 12 recites “a fourth clutch assembly”. It is unclear it is referring to a fourth clutch as recited in claim 1 or different clutch assembly.
The dependent claims are also rejected due to their dependency upon claim which it depends.
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, 3-7, 9, 11-12, 14-17, 19-20 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.8 below) and an output shaft (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),
a third input (shaft of engine and 1) connectable to a combustion engine (engine as shown in Fig.8)1, and
at least a first output (see annotated Fig below) to which the first electric motor (4a) and the second electric motor(4b) are configured to provide torque (via counter shaft-as label in annotated fig below), and
a second output (see annotated fig.8-1 below) connectable to (via 5a, 5b) the second electric motor (4b), the second output being coupled (via planetary clutch and carrier) to the ring gear (see annotated Fig.8 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 set on left and right of the first clutch assembly as shown see annotated Fig.8 below) being selectable by a first clutch assembly (see annotated Fig.8 below), and
the second input (rotor shaft of 4b) is connectable to the first output (see annotated Fig.8 below) by a plurality of gear sets (gearset on left and right of the second clutch assembly see annotated Fig.8 below) being selectable by a second clutch assembly (see annotated Fig.8 below), to provide at least two gear ratios between the first output (see annotated Fig.8 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.8 below) and clutch assemblies (see annotated Fig.8 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.8 below) comprises a sun gear (see annotated Fig below), a ring gear (see annotated Fig.8 below), a carrier (see annotated Fig.8 below) and a planetary clutch (see annotated fig below),
the carrier (see annotated Fig below) is connected to the output shaft (6) and
the planetary gear (e.g. carrier, ring, sun as labeled in annotated Fig.8 below) is controlled by the planetary gear clutch (see annotated Fig below) to be shiftable between a first gear state (e.g. ring is fixed), a second gear state2 (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.8 below) is kept rotationally stationary to provide a highest possible inherent gear ratio between the carrier (see annotated Fig.8 below) and the sun gear (see annotated Fig.8 below),
in the second gear state2 (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.8 below) depends on the rotation of both the sun gear (see annotated Fig.8 below) and the carrier (see annotated Fig.8 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.8 below) are kept rotationally constant to each other to provide a 1:1 gear ratio between the sun gear (see annotated Fig.8 below) and the carrier (see annotated Fig.8 below);
the first output (see annotated Fig.8 below) of the transmission assembly is coupled to the sun gear (see annotated Fig.8 below)
wherein the second electric motor (4b) is decoupled from transferring torque via the plurality of gear sets (gearset on the left and right second clutch assembly see annotated Fig below) being selectable by the second clutch assembly (see annotated Fig.8 below) when the second clutch assembly is in a neutral position (as the second clutch-see annotated Fig below, it is in middle position or neutral position, it is not engaged with either of the gearsets on the left or right) , and
wherein the second output (see annotated Fig.8-1 below) comprises a first gear (see annotated Fig.8-1 below) meshing with a second gear (see annotated Fig.8-1 below) connected to (via carrier and planetary gear clutch), 1 the ring gear (see annotated Fig. 8 below), wherein the transmission assembly comprises a fourth clutch assembly (5b) configured to couple the second gear (see annotated Fig.8-1 below) and the second electric motor (4b) such that torque and rotation is transferable from the second electric motor (4b) to the ring gear (see annotated Fig.8 below) when the planetary gear (e.g. carrier, ring, sun as labeled in annotated Fig.8 below) is in the second gear state (e.g. when planetary clutch is in neutral position, ring and carrier is not connected) and the second clutch assembly is in the neutral position such that the speed of the ring gear is controllable by the second electric motor (as motor 4b transmits torque to sun gear via countershaft, shaft 1, first clutch assembly, it also forces the ring gear to spin at proportional speed. Thereof, motor 4b controls the ring gear’s speed).
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Claim 3: A powertrain according to claim 1, wherein the third input (shaft of engine and 1) comprises an input shaft (1) coupled to (via 7) the first output (see annotated Fig.8 below rejection of claim 1) and the sun gear (see annotated Fig.8 below rejection of claim 1) via a third clutch assembly (see annotated Fig below).
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Claim 4: A powertrain according to claim 3, wherein the third clutch assembly (see annotated Fig.8 below rejection of claim 3) is configured to (Note: As shown in Fig.3 depicts the third clutch assembly is synchronizer dog clutch similar to a third clutch (160) from applicant’s invention. apparatus claim. Thus, the third clutch assembly in Brudeli device is capable of performing the claimed function. “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). See MPEP 2114-II) shift between a first position (e.g. left side), a second position (e.g. neutral position) and a third position (e.g. right side), in the first position the input shaft (1) is connectable to the first output (see annnoted fig below rejection of claim 1) via any of the gear sets (e.g. gearset to the left of third clutch) being selectable (via 7) by the first clutch assembly (see annotated fig below rejection of claim 1), in the second position (e.g. neutral position) the input shaft (1) decoupled from the first output (see annotated Fig below rejection of claim 1), and in the third position (e.g. right side) the input shaft (1) is directly connected to the first output (see annotated Fig below rejection of claim 1) and the sun gear (see annotated Fig.8 below rejection of claim 1).
Claim 5: A powertrain according to claim 4, wherein the input shaft (1) is connected to a input shaft gear set (gearset to the left of third clutch assembly) when the third clutch assembly is in the first position (e.g. left position), the input shaft gear set (gearset to the left of third clutch assembly) is configured to transfer torque between the input shaft (1) and an intermediate shaft (7), the intermediate shaft (7) coupled to the gear sets (gearsets on the left and right of first clutch assembly-see annotated Fig.8 below rejection of claim 1) being selectable by the first clutch assembly (as shown in annotated Fig below rejection of claim 1) or to the gear sets (gearsets on left and right of second clutch assembly-see annotated Fig.8 below rejection claim 1) being selectable by the second clutch assembly (see annotated Fig.8 below rejection of claim 1).
Claim 6: A powertrain according to any of the preceding claims, wherein the first electric motor (4a) and the second electric motor (4b) comprise a first drive shaft (see annotated fig below) and second drive shaft (see annotated fig below), respectively, the first (see annotated fig below) and second drive shafts (see annotated fig below) are parallel to, and positioned on opposite sides of a centreline (e.g. rotation axis line of carrier) of the carrier (see annotated Fig.8 below)
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Claim 7: A powertrain according to any of the preceding claims, comprising a combustion engine (as show in Fig.8) 1, wherein a third drive shaft (shaft of engine) of the combustion engine (as show in Fig.8) 1
Claim 9: A powertrain according to claim 7, wherein the third drive shaft (e.g. shaft of engine 20), the input shaft (1), the sun gear (see annotated Fig below rejection of claim 1) and the carrier (see annotated Fig below rejection of claim 1) are coaxial (as shown in Fig.8: shaft of engine 20, input shaft as annotated Fig below rejection of claim, sun and carrier are all share the same longitudinal axis).
Claim 11: A powertrain according to claim 1, wherein the second output comprises a first gear (see annotated Fig.8-1 below rejection of claim 1) meshing with a second gear (see annotated Fig.8-1 below rejection of claim 1) connected to (via carrier and planetary clutch), 1 the ring gear (6).
Claim 12: A powertrain according to claim 1 or 7, wherein the transmission assembly comprises a fourth clutch assembly (5b) configured to couple the second output (see annotated Fig.8-1 below rejection of claim 1) and the second electric motor (4b) such that torque and rotation is transferable from the second electric motor (4b) to the ring gear (e.g. transfer to ring via carrier).
Claim 14: A powertrain according to claim 1, 11 or 12, wherein a shift between the first gear state, the second gear state and the third gear state can be controlled through torque and speed applied to the sun gear (see annotated Fig.8 below rejection of claim 1 above) through the first output (see annotated Fig.8 below rejection of claim 1 above) and to the ring gear (see annotated Fig.8 below rejection of claim 1 above) through the second output (as the second output as input torque from motor 4b to planetary and planetary clutch; thereof, a planetary clutch can be control through torque and speed that applies from second output to carrier to ring).
Claim 15: A powertrain according to any of the preceding claims, wherein the first electric motor (4a) and the second electric motor (4b) is decouplable from the first output (see annotated fig.8 below rejection of claim 1) by operating the first clutch assembly (see annotated fig.8 below rejection of claim 1) and the second clutch assembly (see annotated fig.8 below rejection of claim 1), respectively.
Claim 16: A powertrain according to any of the preceding claims, 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 (torque pass through a first gear-see annotated Fig below) and a second torque path (torque pass through second gear-see annotated fig below), and the second input (rotor shaft of 4b) is operably connectable to the sun gear (see annotated Fig.8 below rejection of claim 1) via any of a third torque path (torque pass through third gear-as labeled in annotated Fig.8 below, shaft 7) and a fourth torque path (torque pass through fourth gear-as labeled in annotated Fig.8 below, shaft 7), the first and third torque path providing a first gear ratio (as first clutch moves to the left, it creates a gear ratio), and the second and fourth torque path providing a second gear ratio (as first clutch moves to the right, it creates another gear ratio).
Claim 17: A powertrain according to claim 11, wherein the second input (rotor shaft of 4b) is operably connectable (via carrier) to the ring gear (see annotated Fig.8 below rejection of claim 1) via a fifth torque path (e.g. torque pass through gear to the right of the planetary clutch).
Claim 19: A vehicle (¶[0001]) comprising a powertrain (Fig.8) according to any of the preceding claims.
Claim 20: A powertrain according to claim 1, wherein a shift between the first gear state, the second gear state and the third gear state of the planetary gear is controllable through torque and speed applied to the sun gear (see annotated Fig.8 below rejection of claim 1 above) through the first output (see annotated Fig.8 below rejection of claim 1 above), by any of the first electric motor (4a), the combustion engine (engine as shown on the left side) 1 and through torque and speed applied to (via carrier and planetary clutch) the ring gear (see annotated Fig.8 below rejection of claim 1 above) through the second output (see annotated Fig.8 below rejection of claim 1 above, via 5a,5b) by the second electric motor (4b).
Response to Arguments/Amendment
The previous objection to the title has been withdrawn in light of the amendment to title.
The previous objections to the specification have been withdrawn in light of the amendment to the specification and drawings; however, reference character “3” is still not mentioned in the specification. Thereof, the objection to the specification is maintained.
The previous objection to the drawings have been withdrawn in light of the amendment to the drawings and remarks on page 7.
The previous claim objection has been withdrawn in light of the amendment to claim 1.
The previous claim rejections under 35 USC 112 (b) have been withdrawn in light of the amendment to claim 1, 4, and 13; canceling claim 8.
The previous rejection under 35 USC 102 (a)(1) as anticipated by STEINBORN have been withdrawn in light of the amendment to claim 1.
Applicant’s arguments with respect to the rejection of claims 1-17, 19 under 35 USC 102 (a)(1) as anticipated by Brudeli have been considered but are not persuasive because Brudeli discloses the amended limitation “(1)- the second output being coupled (via planetary clutch and carrier) to the ring gear (see annotated Fig.8 below); (2) -wherein the second output (see annotated Fig.8-1 below) comprises a first gear (see annotated Fig.8-1 below) meshing with a second gear (see annotated Fig.8-1 below) connected to (via carrier and planetary gear clutch), 1 the ring gear (see annotated Fig. 8 below), wherein the transmission assembly comprises a fourth clutch assembly (5b) configured to couple the second gear (see annotated Fig.8-1 below) and the second electric motor (4b) such that torque and rotation is transferable from the second electric motor (4b) to the ring gear (see annotated Fig.8 below) when the planetary gear (e.g. carrier, ring, sun as labeled in annotated Fig.8 below) is in the second gear state (e.g. when planetary clutch is in neutral position, ring and carrier is not connected) and the second clutch assembly is in the neutral position such that the speed of the ring gear is controllable by the second electric motor (as motor 4b transmits torque to sun gear via countershaft, shaft 1, first clutch assembly, it also forces the ring gear to spin at proportional speed. Thereof, motor 4b controls the ring gear’s speed).”
Applicant’s argument with respect to the technical effect of the distinguish features have been considered but are not persuasive because Brudeli still discloses limitation of claim 20 (see rejection above) which is the distinguish features that applicant’s argued on page 9. Furthermore, the rejections are under 35 USC 102; it does not require any teaching or motivation to modify the prior art. Thus the rejections under 35 USC 102 of claims 1, 3-7, 9, 11-12, 14-17, 19-20 are maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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 The word “or” indicates that the limitations following the word “or” doesn’t require to be met entirely.
2 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 cited from IDS) 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]).
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