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 .
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) 1,3-5, 7, 8, 10, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by INOUE (US 2022/0074487 A1).
Regarding claim 1, INOUE discloses a vehicular drive device comprising: a transmission mechanism that transmits drive force from a drive source (1) to a wheel (w) via a shaft member (612); and a case (2) that houses the transmission mechanism and at least a portion of the shaft member (612), wherein the case (2) includes a gear case part (@5) in which oil that is able to be scraped up by rotation of a gear (51) of the transmission mechanism is accumulated, and a wall part (sees Fig. 1) that bounds at least a lower side of a space around the shaft member (612) and extends along an extending direction of the shaft member (612), a space around the shaft member (612) has one side (@B5a) in an extending direction of the shaft member (612) communicating with an inside of the gear case part, and has another side (@ B6) in the extending direction of the shaft member (612) including an object disposition space in which an object (B6) to be lubricated by oil is disposed, or communicating with the object disposition space, a surface of the wall part, the surface facing a lower side of the shaft member (612), or an outer peripheral surface of the shaft member (612) is lower in height on the other side (@ B6) of the shaft member (612) in an extending direction than on the one side (@ B5a) of the shaft member (612) in the extending direction (the taper of the case section between the bearings B5a and B6, as seen in Figs. 1 and 3) and oil scraped up by rotation of a gear (51) of the transmission mechanism is supplied to the object (B6) to be lubricated that is in a space around the shaft member (612), or to the object to be lubricated via a space around the shaft member (612).
Regarding claim 3, INOUE discloses the surface of the wall part or the outer peripheral surface of the shaft member (612) includes a tilted surface or step that forms a height difference between the other side and the one side. (The taper of the case section between the bearings B5a and B6, as seen in Figs. 1 and 3).
Regarding claim 4, INOUE discloses the one side of the shaft member in the extending direction is supported by the case via a first bearing (B5a or B6), and the case includes, on a radially outer side of the first bearing and above an axial center of the shaft member (612), a cavity part (hole through which shaft (31) passes from the area where the motor is located to the area where the differential is located) that allows the space around the shaft member and an inside of the gear case part to communicate with each other.
Regarding claim 5, INOUE discloses the other side of the shaft member (612) in an extending direction is supported by the case (2) via a second bearing, and the object to be lubricated includes the second bearing.
Regarding claim 7, INOUE discloses a rotating electrical machine (1) that forms the drive source, wherein the transmission mechanism includes a deceleration mechanism (4) and a differential gear mechanism (5), the case (2) houses the rotating electrical machine, the deceleration mechanism (4), the differential gear mechanism (5), and the shaft member (612), the gear (51) is a ring gear of the differential gear mechanism, and the wall part (tapered section between B5a & B6) extends radially outer side of the rotating electrical machine.
Regarding claims 8-10 and 12, INOUE discloses the wall part has a form of a peripheral wall part that bounds a space around the shaft member (612) over an entire circumference in at least a partial section in an extending direction of the shaft member (612), and an inner diameter of the peripheral wall part and an outer diameter of the shaft member (612) increase toward the one side to the another side in an extending direction of the shaft member (612).
Allowable Subject Matter
Claims 6, 11, and 13 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.
Response to Arguments
Applicant's arguments filed 7/1/2026 have been fully considered but they are not persuasive. Applicant argues that “Inoue does not disclose the shape of the wall between bearings B5a and B6. [Because] the S-shaped lines [in Figs. 1 and 3] show a break or omission in the illustration of the associated structure… It follows that this illustration does not clearly disclose:
whether the alleged tapered portion is a wall part that bounds the lower side of a space around the shaft member;
whether the surface of that wall part forms a height difference for causing oil to flow toward the another side;
whether the height relationship is provided with respect to a surface facing the lower side of the shaft member or an outer peripheral surface of the shaft member;
whether the space around the shaft member communicates with the inside of the gear case part in the sense of claim 1 of the present application; and
whether oil scraped up by the gear is supplied to the lubrication target through that space by virtue of the claimed height relationship.”
Examiner disagrees. Although Figs. 1 and 3 have S-Shaped lines showing a break in the structure, it is clear that the tapered section between the S-Shaped lines discloses the shape the wall part between the bearings B5a and B6.
Inoue describes Fig. 1 as “a sectional view taken along an axial direction of a vehicle drive device” in paragraph [0017]. As such, the shape of the wall section between the bearings (B5/ B6a) is tapered, as shown.
In response to Applicant’s arguments that Figs. 1 and 3 do not clearly disclose items 1-5:
As Fig. 1 is a sectional view of the drive device and shows a tapered wall section, and the claim recites “a surface of the wall part, the surface facing a lower side of the shaft member or an outer peripheral surface of the shaft member” (emphasis added), it is clear that the tapered wall section faces an outer peripheral surface of the shaft member (612).
The claim does not recite the “wall part forms a height difference for causing oil to flow toward the another side”, but it is clear that Inoue discloses “an outer peripheral surface of the shaft member (612) is lower in height on the other side (@ B6) of the shaft member (612) in an extending direction than on the one side (@ B5a) of the shaft member (612) in the extending direction”.
Fig. 1 is a sectional view of the drive device, the location of the tapered wall part is radially outside the shaft (612), therefore the inner surface of the wall part faces the outer peripheral surface of the shaft member.
The shaft (612) passes from the space around the shaft member where the tapered wall section between bearings B5a and B6 into the gear case part where the differential is housed, therefore the space around the shaft member communicates with the inside of the gear case part.
This is not recited in claim 1. However, Fig. 3 shows the flow of oil within the device.
Applicant’s arguments are not persuasive.
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 DEREK D. KNIGHT whose telephone number is (571)272-7951. The examiner can normally be reached Telework: From 5:30am-1:30pm EST.
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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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/DEREK D KNIGHT/Primary Examiner, Art Unit 3655
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