DETAILED ACTION
The following is a first action on the merits of application serial no. 19/121994 filed 4/17/2025.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 4/17/25 has been considered.
Specification
The disclosure is objected to because of the following informalities:
-Paragraph [0069] describes “In Fig. 3, a dashed arrow 74 means “meshes with”…… However, the arrow 74 is currently shown in Figure 7, not Figure 3 as described.
-Paragraph [0077] on page 37, line 3 describes “the sun gears 14 and 26”, however the reference character “26” should be changed to “16” as described and shown in drawings.
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.
Claims 16-24, 27 and 28 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.
-Claims 16, 17, 20 and 24 recite the limitation “a first toothing module and a second toothing module”. It is unclear as to what the term “module” is referring to, (i.e., gear body, gear toothing arrangement, etc.), please clarify.
-Claims 19, 20, 22 and 23 seem to be switching between reciting the first and second differential planetary gears and the first and second staged planets. Although claim 15 recites that the first and second differential planetary gears are considered the first and second staged planets, scope of consistency should be maintained when reciting these gears throughout the claims to promote clarity. The examiner suggest applicant choose between reciting the gears as the first and second differential planetary gears or the first and second staged planets in the above claims (recommend changing claims 19 and 23 to the first and second differential planetary gears recitations).
-Claim 27 recites the limitations “wherein in a direction running in an axial direction of the second differential planetary gear, the second differential planetary gear adjoins the ring gear, adjoins the first planetary gear and adjoins the second planetary gear of the planetary transmission, wherein the ring gear and the second planetary gear adjoin the first planetary gear in the direction, and wherein the ring gear and the second planetary gear are arranged between the second differential planetary gear of the spur gear differential and the first planetary gear of the planetary transmission, as viewed in the axial direction of the second differential planetary gear.” It is unclear as to what the term “adjoin or adjoins” is referring to (i.e., is it referring to the torque transmitting between gears from input to output), please clarify and/or amend accordingly.
-Claim 28 recites the limitations “wherein the first rolling circle diameter of the first sun gear is larger than the second rolling circle diameter of the second sun gear which adjoins the first sun gear in an arrangement direction running in an axial direction of the first sun gear and the second sun gear, wherein the first sun gear adjoins the third sun gear in the arrangement direction, and wherein the first sun gear is arranged between the second sun gear and the third sun gear, as viewed in the axial direction of the first sun gear and the second sun gear. It is unclear as to what the term “adjoin or adjoins” is referring to (i.e., is it referring to the torque transmitting between gears from input to output), please clarify and/or amend accordingly.
Allowable Subject Matter
Claims 15-28 are allowed (via prior art purposes only).
The following is an examiner’s statement of reasons for allowance: the prior art of record doesn’t disclose or render obvious a motivation to provide for:
-a transmission device for a motor vehicle having a spur gear differential with a first sun gear having a first rolling circle diameter; a second sun gear having a second rolling circle diameter different from the first diameter; a planetary gear set coupled to the first and second sun gears and having a planetary carrier, a first differential planetary gear engaging the first sun gear and having a third rolling circle diameter, a second differential planetary gear engaging the second sun gear and a coupling planetary gear arranged coaxially to the first planetary gear and having a fourth rolling circle diameter different from the third diameter wherein a first ratio between the first and second diameters and a second ratio between the third and fourth diameters are identical and in combination with the limitations exactly as written in claim 15.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-The PCT/EP2023/080012 written opinion as filed has been reviewed and the examiner agrees that the prior art cited doesn’t meet the limitations pertaining to a first ratio between the first and second diameters and a second ratio between the third and fourth diameters are identical.
-Edler 20140315677 ([0048]); Nett et al 20080153652 ([0028], [0054]) and DE 102014211141 (page 9 in machine translation) all disclose spur gear type differentials and shows that it is well known in the art to use pitch or rolling circle diameters for gear design. At least Nett and DE disclose values that can be used to determine ratios, however, none show that the ratios would be identical as recited.
-Biermann et al discloses a spur gear differential and shows that it is well known in the art to determine tip diameter, but not as disclosed in Figures 11 and 12 of present invention ([0033]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 September 30, 2026