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. 19/138,893 filed on 06/13/2025. Claims 1-15 are pending. Claim 1 is independent claim.
Priority
Application claims the benefit of German Application No. DE10 2022 213 793.0 filed 12/16/2022. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 13-15 are objected to because of the following informalities:
For example, claim 13 recites the limitation “a drive device, a powershift transmission, a hydrodynamic torque converter” should read “the drive device, the powershift transmission, the hydrodynamic torque converter”, since claim 13 depends on claim 1 and claim 1 recites those limitation.
Claims 14 and 15 have similar kind of issue and are objected for the same reason.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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.
Claims 1, 3-7, and 9-15 are rejected under 35 U.S.C. 103 as being unpatentable over Tevis et al. (US 20230068612 A1) in view of ENDO et al. (US 20160230822 A1) and further in view of Matsubara et al. (US 10088038 B2).
Regarding claim 1,Tevis discloses a method for operating a work machine (10, figs. 1-6), having a drive device (24, fig. 1, para 31) with a hydrodynamic torque converter (see par 18) and a powershift transmission (30, fig. 1) with at least a first powershift-capable friction clutch (104, fig. 4, para 30), wherein an inching operation has been performed.
However, Tevis fails to disclose the method recited in the claim and friction partners of a particular friction pairing of the at least first powershift-capable friction clutch are brought into frictional contact with one another.
ENDO teaches a method for operating a work machine (figs. 1-4), having a drive device (1, fig. 1, para 26) with a hydrodynamic torque converter (2, fig. 1) and a powershift transmission (4, fig. 1) with at least a first powershift-capable friction clutch (20, fig. 1), the method comprising the steps of:
- determining at least a first converter slip while
the drive device (1) is idling (e.g. coasting state, see para 57), wherein a transmission input shaft (11) that is able to be driven in rotation by a drive machine (5) rotates at a constant idling speed (e.g. an idling state speed, see para 102 and fig. 2B),
the at least powershift-capable first friction clutch (20) is in a first shifting state in which no torque is transmitted via the at least first friction clutch (20),
a turbine wheel (e.g. turbine runner 24, para 27), operatively connected to the transmission input shaft (11) of the torque converter (2) is running at a lower speed (e.g. INPREV, para 46, fig. 2B) than a pump wheel (23) of the torque converter (2) (see fig. 2B); and
- carrying out an inching control operation, wherein the at least first powershift-capable friction clutch (20) is activated to set the determined first converter slip such that the at least first powershift-capable friction clutch (4) are brought into engagement state. (see para 56)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tevis by adding the steps of the method as taught by ENDO so that a shock free engagement of the lock-up clutch can be achieved. (see and paras 5 and 72 of ENDO)
Matsubara teaches a power transmission as shown in figs. 1-3 wherein a lock-up clutch (32, fig. 3) has friction partners of a particular friction pairing (e.g. 38, 48, fig. 3) which are brought into frictional contact with one another.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tevis/ ENDO by substituting the lock-up clutch with a frictional lock-up clutch as taught by Matsubara so that a smooth engagement of the lock-up clutch can be achieved, therefore the efficiency and reliability of the lock-up can be enhanced.
Regarding claim 3, Tevis/ ENDO/ Matsubara discloses the method as modified according to claim 1, ENDO further discloses wherein the at least first converter slip is determined as a function of at least one disturbance variable (e.g. shock, see para 66) of the powershift transmission (4) and/or the torque converter (2).
Regarding claim 4, Tevis/ ENDO/ Matsubara discloses the method as modified according to claim 1, Tevis further discloses wherein the at least first converter slip is determined is activated to carry out the inching control operation by setting a target control current. (see paras, 33-39 and fig. 5)
Regarding claim 5, Tevis/ ENDO/ Matsubara discloses the method as modified according to claim 4, Tevis further discloses a current offset after the target drive current is reached. (see fig. 5 of Tevis)
Regarding claim 6, Tevis/ ENDO/ Matsubara discloses the method as modified according to claim 5, Tevis further discloses storing the determined current offset. (see controller 60, fig. 3 and paras 23-25)
Regarding claim 7, Tevis/ ENDO/ Matsubara discloses a system configured to carry out the method as modified according to claim 1. (see the rejection of claim 1)
Regarding claim 9, Tevis/ ENDO/ Matsubara discloses the system as modified according to claim 7, ENDO further discloses wherein the at least first converter slip is determined as a function of at least one disturbance variable (e.g. shock, see para 66) of the powershift transmission (4) and/or the torque converter (2).
Regarding claim 10, Tevis/ ENDO/ Matsubara discloses the system as modified according to claim 7, Tevis further discloses wherein the at least first converter slip is determined is activated to carry out the inching control operation by setting a target control current. (see paras, 33-39 and fig. 5)
Regarding claim 11, Tevis/ ENDO/ Matsubara discloses the system as modified according to claim 10, Tevis further discloses a current offset after the target drive current has been reached. (see fig. 5 of Tevis)
Regarding claim 12, Tevis/ ENDO/ Matsubara discloses the system as modified according to claim 7, ENDO further discloses wherein a processor unit (e.g. CPU, para 34) comprising executable code (e.g. control program) that, when executed, carries out the method according to claim 1.
Regarding claim 13, Tevis/ ENDO/ Matsubara discloses a drive train for a work machine (10, figs. 1-6 of Tevis) as modified according to claim 1, ENDO further discloses wherein a processor unit (e.g. CPU, para 34) comprising executable code (e.g. control program) that, when executed, carries out the method according to claim 1, a drive device (1, fig. 1, para 26) with a powershift transmission (4, fig. 1) operatively connected thereto, and a hydrodynamic torque converter (2, fig. 1) also operatively connected to the drive device.
Regarding claim 14, Tevis/ ENDO/ Matsubara discloses a work machine (10, figs. 1-6 of Tevis) comprising the drive train as modified according to claim 1, ENDO further discloses a processor unit (e.g. CPU, para 34) comprising executable code (e.g. control program) that, when executed, carries out the method according to claim 1, a drive device (1, fig. 1, para 26) with a powershift transmission (4, fig. 1) operatively connected thereto, and a hydrodynamic torque converter (2, fig. 1) also operatively connected to the drive device.
Regarding claim 15, Tevis/ ENDO/ Matsubara discloses the method for operating the work machine(10, figs. 1-6 of Tevis) as modified according to claim 1, ENDO further discloses a computer program product (e.g. a plurality of control program, para 34 of ENDO) containing machine-readable instructions (ROM, RAM, BURAM, etc., see para 34, fig. 1), which carried out on a computer and/or on a processor unit (CPU), upgrade the computer and/or the processor unit (CPU) to carry out the method for operating the work machine.
Allowable Subject Matter
Claims 2 and 8 are objected to as been dependent upon a rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, set forth in this office action.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
Prior Art
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Bulgrien (US 20180172089 A1) teaches clutch control system for a work vehicle includes a controller comprising a memory and a processor. The controller is configured to receive a first signal indicative of an inching pedal position and to determine a commanded inching torque based on the inching pedal position. The controller is configured to instruct an inching clutch to achieve the commanded inching torque while the commanded inching torque is less than a threshold inching torque. The controller is configured to instruct the inching clutch to achieve the threshold inching torque while the commanded inching torque is equal to or greater than the threshold inching torque. Herein the threshold inching torque is calculated based at least in part on a gear ratio established by engaging one or more clutches between an engine of the work vehicle and the inching clutch.
HONMA et al. (US 20170204968 A1) discloses A control device for a lock-up-clutch installed in a torque converter arranged between an engine and an automatic transmission mechanism includes an engagement control means that carries out a calculation to increase an engaging capacity of the lock-up-clutch with the passage of time during an engagement control time in which the torque converter is shifted from a converter condition to a lock-up condition in which the prime mover drives an auxiliary device and in which when, during the control to increase the engaging capacity of the lock-up-clutch, an input torque to the torque converter from the engine is increased due to reduction in load of the auxiliary device, the engagement control means promotes the increase of the engaging capacity of the lock-up-clutch based on the amount of increase of the input torque thereby eliminating undesired pressure shortage that would be induced in the period toward the lock-up condition.
Conclusion
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/FARHANA PERVIN/Examiner, Art Unit 3655
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