DETAILED CORRESPONDENCE
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 office action on the merits of Application No. 19/129,720 filed on 05/14/2025. Claims 11-30 are pending. Claim 11 and 20 are the independent claims.
Priority
Application claims the benefit of Application No. DE102022212039.6 filed 11/14/2022. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 15, 16, and 24-30 are objected to because of the following informalities:
Claim 15 recites the limitation “the load change” should read a load change, since claim 15 depends on claim 11 and claim 11 does not recite any load change.
Claim 16 recites the limitation “the load change” should read a load change, since claim 16 depends on claim 11 and claim 11 does not recite any load change.
Similar issue has been observed in claims 24-30 and Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 13, 23, 25, and 29 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 pre-AIA the applicant regards as the invention.
Regarding claim 13, the claim limitations “nominal clutch torque” renders claim indefinite. It is not clear what is to be understood by nominal clutch torque.”. Clarification is required. For the examination purpose nominal clutch torque has been considered as threshold clutch torque.
Claims 23, 25, and 28 are rejected as they depend on claim 13.
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 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.
Claims 11-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RUYBAL et al. (US 20180118184 A1).
Regarding claim 11, RUYBAL discloses a method for operating a multiple clutch transmission (e.g. 125, figs. 1-19) for a motor vehicle (fig. 1), wherein the multiple clutch transmission includes (125, fig. 3) a transmission input shaft (341, fig. 3) coupled or couplable to a drive device (110) of the motor vehicle and a transmission output shaft (129) which are at least temporarily drive-coupled to one another via a first clutch (e.g. 126, fig. 3) and a first sub-transmission (361) and at least temporarily via a second clutch (127) and a second sub-transmission (362), wherein an electric machine (120) is coupled at least temporarily (see fig. 4) to the output side of the multiple clutch transmission (125) in order to provide a drive torque, wherein at least temporarily a first target clutch torque (e.g. 1925, para 307, fig. 19A) other than zero is set on the first clutch (126) and a second target clutch torque (e.g. 1925, para 307, fig. 19A) other than zero is set at the same time on the second clutch (127).
Please note: The at least temporarily has been considered as selectively.
Regarding claim 12, RUYBAL discloses the method according to claim 11, wherein the first target clutch torque (1925, fig. 19A) and/or the second target clutch torque (1925) are each selected to be greater than a slip point torque (e.g. torque 1935 at time T53 wherein plot 1935 intersects with plot 1940 as shown in fig. 19A and para 319 “At time T53, target input shaft speed plus offset rises above the launch engine speed. Accordingly, between time T53 and T54, the engine speed controller may increase engine torque to follow input shaft speed plus an additional offset. The additional offset may be used to keep positive slip across the clutch and prevent it from locking before desired.”) corresponding to a slip point of the respective clutch.
Please note: Since plot 1935 indicates a wheel torque from a launch clutch through the vehicle transmission and final drive, it is considered as a slip torque during the slipping time at T53, (see para 308 “two-way arrow 1950 indicates a period of time between time T52 and T55 wherein the launch clutch is slipping.”)
Regarding claim 13, RUYBAL discloses the method according to claim 11, wherein the first target clutch torque and/or the second target clutch torque (e.g. 1925, fig. 19A) are each selected to be less than a nominal clutch torque (e.g. not shown, threshold torque, see para 4) of the respective clutch.
Regarding claim 14, RUYBAL discloses the method according to claim 11, wherein the first target clutch torque and the second target clutch torque are set during a load change (e.g. at time T51, fig. 19A) on the clutches.
(see para 310 ”At time T51, and accelerator tip-in imposes an increasing wheel torque request. As such, between time T51 and T52, the vehicle is propelled via the electric machine with the engine and dual clutch transmission (e.g. 125) preparing to transmit engine torque to the wheels. Thus, between time T51 and T52, desired wheel torque increases along a rate limited trajectory up to a value determined by the accelerator pedal position (and potentially other signals) Such a rate may be determined by stability limits, drivetrain twist management, calibration values, or other values calculated to provide desired vehicle response.”)
Regarding claim 15, RUYBAL discloses the method according to claim 11, wherein before the load change (e.g. at time T51-T52, fig. 19A) is carried out and/or after the load change has been carried out on the clutches, a third target clutch torque (e.g. 1935 at time T52, fig. 19A), which is equal to zero, is set at least temporarily in each case. (see para 4)
Regarding claim 16, RUYBAL discloses the method according to claim 11, wherein the load change (e.g. T51-T52, fig. 19A)gear is a load change of the electric machine. (see para 310)
Regarding claim 17, RUYBAL discloses the method according to claim 11, wherein the electric machine (e.g. 120, fig. 1A) is coupled to the transmission output shaft (129, fig. 1) via a spur gear (e.g. 136, fig. 1, see para 31)
Regarding claim 18, RUYBAL discloses the method according to claim 11, wherein the transmission output shaft (e.g. 129 in fig. 3 or 462 in fig. 4) and/or the electric machine are coupled at least temporarily to a first wheel axle (e.g. 122,fig. 1 or 131, fig. 3).
Regarding claim 19, RUYBAL discloses the method according to claim 11, wherein the first target clutch torque and the second target clutch torque are set at the clutches when a rotational speed of the transmission output shaft (129) is within a rotational speed range delimited by a first rotational speed limit value (e.g. zero speed of the vehicle, see para 03) and a second rotational speed limit value (e.g. upper limit, see third plot of fig. 17A or B, see paras 275-278).
Regarding claim 20, RUYBAL discloses a multiple clutch transmission (e.g. 125, figs. 1-19) for a motor vehicle (fig. 1), wherein the multiple clutch transmission includes (125, fig. 3) a transmission input shaft (341, fig. 3) coupled or couplable to a drive device (110) of the motor vehicle and a transmission output shaft (129) which are at least temporarily drive-coupled to one another via a first clutch (e.g. 126, fig. 3) and a first sub-transmission (361) and at least temporarily via a second clutch (127) and a second sub-transmission (362), wherein an electric machine (120) is coupled at least temporarily to the output side of the multiple clutch transmission (125) in order to provide a drive torque, wherein at least temporarily a first target clutch torque (e.g. 1925, para 307, fig. 19A) other than zero is set on the first clutch (126) and a second target clutch torque (e.g. 1925, para 307, fig. 19A) other than zero is set at the same time on the second clutch (127).
Regarding claim 21, RUYBAL discloses the method according to claim 12, wherein the first target clutch torque and/or the second target clutch torque (e.g. 1925, fig. 19A) are each selected to be less than a nominal clutch torque (e.g. not shown, threshold torque, see para 4) of the respective clutch.
Regarding claim 22, RUYBAL discloses the method according to claim 12, wherein the first target clutch torque and the second target clutch torque are set during a load change (e.g. at time T51, fig. 19A) on the clutches.
(see para 310 ”At time T51, and accelerator tip-in imposes an increasing wheel torque request. As such, between time T51 and T52, the vehicle is propelled via the electric machine with the engine and dual clutch transmission (e.g. 125) preparing to transmit engine torque to the wheels. Thus, between time T51 and T52, desired wheel torque increases along a rate limited trajectory up to a value determined by the accelerator pedal position (and potentially other signals) Such a rate may be determined by stability limits, drivetrain twist management, calibration values, or other values calculated to provide desired vehicle response.”)
Regarding claim 23, RUYBAL discloses the method according to claim 13, wherein the first target clutch torque and the second target clutch torque are set during a load change (e.g. at time T51, fig. 19A) on the clutches.
(see para 310 ”At time T51, and accelerator tip-in imposes an increasing wheel torque request. As such, between time T51 and T52, the vehicle is propelled via the electric machine with the engine and dual clutch transmission (e.g. 125) preparing to transmit engine torque to the wheels. Thus, between time T51 and T52, desired wheel torque increases along a rate limited trajectory up to a value determined by the accelerator pedal position (and potentially other signals) Such a rate may be determined by stability limits, drivetrain twist management, calibration values, or other values calculated to provide desired vehicle response.”)
Regarding claim 24, RUYBAL discloses the method according to claim 12, wherein before the load change (e.g. at time T51-T52, fig. 19A) is carried out and/or after the load change has been carried out on the clutches, a third target clutch torque (e.g. 1935 at time T52, fig. 19A), which is equal to zero, is set at least temporarily in each case. (see para 4)
Regarding claim 25, RUYBAL discloses the method according to claim 13, wherein before the load change (e.g. at time T51-T52, fig. 19A) is carried out and/or after the load change has been carried out on the clutches, a third target clutch torque (e.g. 1935 at time T52, fig. 19A), which is equal to zero, is set at least temporarily in each case. (see para 4)
Regarding claim 26, RUYBAL discloses the method according to claim 14, wherein before the load change (e.g. at time T51-T52, fig. 19A) is carried out and/or after the load change has been carried out on the clutches, a third target clutch torque (e.g. 1935 at time T52, fig. 19A), which is equal to zero, is set at least temporarily in each case. (see para 4)
Regarding claim 27, RUYBAL discloses the method according to claim 12, wherein the load change (e.g. T51-T52, fig. 19A)gear is a load change of the electric machine. (see para 310)
Regarding claim 28, RUYBAL discloses the method according to claim 13, wherein the load change (e.g. T51-T52, fig. 19A)gear is a load change of the electric machine. (see para 310)
Regarding claim 29, RUYBAL discloses the method according to claim 14, wherein the load change (e.g. T51-T52, fig. 19A)gear is a load change of the electric machine. (see para 310)
Regarding claim 30, RUYBAL discloses the method according to claim 15, wherein the load change (e.g. T51-T52, fig. 19A)gear is a load change of the electric machine. (see para 310)
Prior Art
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
ETZEL et al. (US 20220080821 A1) discloses A hybrid drive includes a control unit, an internal combustion engine, an electrical machine and a dual clutch transmission having an output shaft. The dual clutch transmission includes a first sub-transmission and a second sub-transmission, each couplable to the output shaft. A drive shaft of the internal combustion engine is couplable to a first input shaft of the first sub-transmission via a first clutch and to a second input shaft of the second sub-transmission via a second clutch. The control unit is configured to permit the second clutch to be closed even when the hybrid drive is being operated purely electrically so that the driveshaft of the internal combustion engine is driven by the electrical machine. A control unit and a method for operation of a hybrid drive are also provided.
DE VISSCHER et al. (US 20220009339 A1) discloses a dual clutch transmission for an internal combustion engine including a motor generator unit, MGU (M), for providing electric or hybrid driving capability wherein the MGU (M) is selectively connectable to a (one) transmission input shaft, or transmission output shaft or to neither shaft.
MEYER et al. (US 20180118190 A1) discloses a driveline operating method involves communicating torque from a transmission to accelerate transmission components from a primary speed to a second speed while the primary and second clutches of the dual clutch transmission (125) are open. The torque communicating is performed while an electric machine is coupled to the dual clutch transmission at a location downstream of the dual clutch transmission, providing the torque to propel the vehicle.
Conclusion
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/F.P/Examiner, Art Unit 3655
/FARHANA PERVIN/Examiner, Art Unit 3655