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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first housing part” and “second housing part” of the gear reduction housing of claim 11 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-18 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 1 recites “a differential case that houses a plurality of pinion gears intermeshed with a pair of side gears” and “the ring gear being fixed relative to the differential case.” Based on this language and the dependent claims which further complicate interpretation of the differential case, it is unclear whether the differential case that houses the pinion gears is meant to be the same case that fixes the ring gear.
Claim 2 recites “wherein the ring gear is axially offset from the sun gear such that the sun gear is located axially between the ring gear and the differential arrangement, and wherein the sun gear is positioned outside of a radial envelope defined by the differential case.” The figures illustrate the ring gear axially offset from the sun gear and FIG. 5 illustrates the sun gear is between the ring gear and the differential. However, radially the sun is smaller than the differential and is therefore not within the radial envelope of the differential. The term “radial envelope” is not defined however the envelope of the differential would presumably be the space taken up with the differential, whereas the radial envelope appears to be the radial dimension only of the differential. It is unclear if this is intended to be the entire envelope or only the radial dimension. In addition, claim 1 recites that the ring gear is fixed relative to the differential case meaning the “differential case” is the overall, stationary case and not the rotating differential case. The sun gear in FIG. 5 is not outside any footprint of the stationary differential case. As such, it is unclear if there is an error in the language of claim 1 or in the language of claim 2.
Claim 3 recites “wherein the differential case acts as a carrier for the plurality of planet gears” however claim 1, from which claim 3 depends recites that the ring gear is fixed relative to the differential case. The case that is fixed to the ring gear does not act as a carrier in any embodiment. As such, one of these recitations appears to be incorrect.
Claim 11 recites a gear reduction housing, which in the drawings is fixed to the ring gear. However, claim 1 calls this element the differential case. As such, it is unclear to which element each of these is intended to refer.
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) 1-4, 8-10, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bowen (US 2003/0094322).
Claim 1
Bowen discloses a reduction drive unit comprising (see FIGS. 3-6):
a) a differential arrangement including a differential case (differential housing including 104 and/or housing forming 54) that houses housing a plurality of pinion gears (see partial annotated FIG. 3 below) intermeshed with a pair of side gears; and
b) a compound planetary gear arrangement (70) including a sun gear (74 or gear portion only of 74), a ring gear (76), and a plurality of planet gears (78), wherein each of the plurality of planet gears (78) has a first stage gear (92) intermeshed with the sun gear (74) and an axially offset second stage gear (94) intermeshed with the ring gear (76), the ring gear (76) being fixed relative to the differential case (housing forming 54).
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Claim 2
As best understood, Bowen discloses wherein the ring gear (76) is axially offset from the sun gear (74) such that the sun gear (74) is located axially between the ring gear and the differential arrangement, and as best understood wherein the sun gear is positioned outside of a radial envelope (space of the entire differential) defined by the differential case (see rejection under 112(b) regarding the confusion in the scope of this claim; this may be referring to the case 98).
Claim 3
As best understood, Bowen discloses wherein the differential case (98) acts as a carrier (98 is the same part as 84) for the plurality of planet gears (see FIG. 5).
Claim 4
Bowen discloses wherein the compound planetary gear arrangement includes a carrier structure (flange portion of 98 extending radially outward and supporting planet pinions 82) rotationally supporting the plurality of planet gears, the carrier structure being rigidly mounted to the differential case (98).
Claim 8
Bowen discloses a hollow drive shaft (62 or right shaft portion of 74 inside 62) for connection with an electric motor (58), the hollow drive shaft (62) extending over and being coaxially aligned with one (118) of a pair of half-shafts (112 and 118), each half-shaft being coupled to one of the side gears (see e.g., FIG. 3).
Claim 9
Bowen discloses wherein the sun gear (gear portion of 74) is formed with the hollow drive shaft (right shaft portion of 74 inside 62).
Claim 10
Bowen discloses wherein the sun gear (74) is coupled to the hollow drive shaft (62).
Claim 19
Bowen (FIG. 6 only) discloses a reduction drive unit comprising:
a) a differential arrangement including a differential case (differential housing including 104B) housing a plurality of pinion gears (not labeled in FIG. 6 the same elements as in partial annotated FIG. 3 above) intermeshed with a pair of side gears; and
b) a compound planetary gear arrangement (70B) including a sun gear (74B), a fixed ring gear (76), a plurality of planet gears (78B), and a carrier structure (92, 98) rotationally supporting the plurality of planet gears,
wherein
i) the carrier structure (98, 92) is rigidly mounted to the differential case (differential housing including 104B);
ii) each of the plurality of planet gears (78B) has a first stage gear (92B) intermeshed with the sun gear (74B) and an axially offset second stage gear (94B) intermeshed with the fixed ring gear (76), and
iii) the ring gear (76) is axially offset from the sun gear (74B), such that the sun gear (74) is located axially between the ring gear (76) and the differential arrangement (within 104B).
Claim Rejections - 35 USC § 103
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.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over in Mack et al. (US 8,556,760) in view of Bowen.
Claim 20
Mack discloses a reduction drive unit comprising (FIG. 4):
a) a housing assembly (42) including a first housing part mated to a second housing part (see annotated FIG. 4 below);
b) a differential arrangement (e.g., 94, 114, 108, 120) including a differential case housing (94), a plurality of pinion gears (120) intermeshed with a pair of side gears (108 and 114), the differential arrangement being housed entirely within the first housing part; and
c) a compound planetary gear arrangement (e.g., 76, 132, 78, 136) including a sun gear (76), a plurality of double planet gears (78), and a carrier structure (shaft holding 78) rotationally supporting the plurality of planet gears (78) where all of the compound planetary gear arrangement is housed entirely within the second housing part except for the end of the output that rotates the differential which in Mack is element 82.
Mack does not disclose the same compound planetary gear arrangement, and therefore does not disclose wherein:
i) the carrier structure is rigidly mounted to the differential case;
ii) each of the plurality of planet gears has a first stage gear intermeshed with the sun gear and a second stage gear intermeshed with the fixed ring gear.
However, Bowen discloses a double planet compound planetary gearset that leads to a differential as in Mack, where the compound planetary gearset includes a sun gear (74 or gear portion only of 74), a fixed ring gear (76), a plurality of planet gears (78), and a carrier structure (98, 96) rotationally supporting the plurality of planet gears (78), wherein
i) the carrier structure (98, 96) is rigidly mounted to the differential case (104);
ii) each of the plurality of planet gears (78) has a first stage gear (92) intermeshed with the sun gear (74) and a second stage gear (94) intermeshed with the fixed ring gear (76), wherein the output from the compound planetary gearset that connects to the differential is the carrier (98, 96; connected to 106 and 104).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Mack to have substituted the compound planetary gearset of Mack for that of Bowen to yield predictable results and in this case would be more compact than Mack, particularly in the region surrounding the differential.
As so modified, Mack still discloses iii) the sun gear, the fixed ring gear, and the plurality of planet gears are housed entirely within the second housing part and the output from the compound planetary gearset would instead be the carrier as in Bowen.
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Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Mack.
Claim 11
As best understood, Bowen discloses a gear reduction housing, which includes a first housing part coupled to a second housing part (see annotated FIG. 6 below), however, Bowen does not disclose wherein the differential arrangement is housed entirely within the first housing part, and wherein the sun gear, the ring gear, and the plurality of planet gears are housed entirely within the second housing part since the connection between the two parts is over part of the compound planetary gearset.
However, Mack discloses a compound planetary gearset leading to a differential with a multiple part housing, wherein the differential arrangement (e.g., 72) is housed entirely within the first housing part (see annotated figure in rejection of claim 20), and wherein the entire compound planetary gearset minus its output is housed entirely within the second housing part (see annotated figure in rejection of claim 20).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Bowen to have moved the connection between the two housings to the left of element 78B in Bowen FIG. 6, as in Mack so that all of the compound planetary gearset was within its own housing except for the output therefrom, in order to better isolate mechanical stresses between the planetary gearset and differential and/or to prevent contaminants from one unit to the other and/or to thermally insulate one from the other.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Klein et al. (DE 102021111476B3; hereinafter “Klein”).
Claim 5
Bowen discloses a plurality of planet gears but does not disclose the specific number of planet gears.
However, Klein discloses a differential and compound planetary gearset, where the planetary gearset includes stepped planet gears, and discloses preferably three or four stepped planets (see translation, page 3, fourth full paragraph).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Bowen to include the specific number of planet gears as three since the number of planet gears is recognized by Klein as a variable to be optimized, or alternatively since the duplication of parts has no patentable significance unless a new and unexpected result is produced, which is not present here (see MPEP 2144.04(VI)(B) and MPEP 2144.05).
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Asai et al. (US 11,649,882; hereinafter “Asai”).
Claim 6
Bowen does not disclose the specific number of pinion gears.
However, Asai discloses a differential that includes the options of three pinion gears (see last full paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Bowen to include the specific number of pinion gears of three since the number of pinion gears is recognized by Asai as a variable to be optimized, or alternatively since the duplication of parts has no patentable significance unless a new and unexpected result is produced, which is not present here (see MPEP 2144.04(VI)(B) and MPEP 2144.05).
Claim 7
Bowen does not disclose the specific number of pinion gears.
However, Asai discloses a differential that includes the options of three pinion gears “or more” (see last full paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Bowen to include the specific number of pinion gears of more than three, i.e., four or more, since the number of pinion gears is recognized by Asai as a variable to be optimized, or alternatively since the duplication of parts has no patentable significance unless a new and unexpected result is produced, which is not present here (see MPEP 2144.04(VI)(B) and MPEP 2144.05).
Claim(s) 12, 13, and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Hibino et al. (CN 113108037A; hereinafter “Hibino”).
Claim 12
Bowen does not disclose a lubrication forced circulation pathway along which lubrication is pumped to the compound planetary gear arrangement during operation of the reduction drive unit.
However, Hibino discloses a lubrication forced circulation pathway (18, 18b, 54) along which lubrication is pumped to the compound planetary gear arrangement (at 18b and 54) (as well as to the differential via 18a) during operation of the reduction drive unit (see FIG. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Bowen to include a lubrication pathway to the planetary gear arrangement and the differential as in Hibino in order to improve durability by providing lubrication to all of these components.
Claim 13
Bowen as modified based on Hibino discloses wherein the lubrication forced circulation pathway (Hibino, via 18a, 68a and 68) also extends through the differential arrangement (Hibino, e.g. 84, 83, 85).
Claim 16
Bowen as modified based on Hibino discloses wherein the lubrication forced circulation pathway bypasses the differential arrangement as the lubrication forced circulation pathway extends to the planetary gear arrangement (see Hibino, 18b is distinct from 18a).
Claim 17
Bowen as modified based on Hibino discloses wherein the lubrication forced circulation pathway includes bores (Hibino, e.g., 54, 54a, 54b) through pins (Hibino 51; akin to Bowen, 82) of the planet gears of the compound planetary gear arrangement.
Claim 18
Bowen as modified based on Hibino discloses wherein the lubrication forced circulation pathway includes a centrifugal assist lubrication system in which lubrication is directed to a central well (e.g., 16) defined by a carrier (12) and then towards the planet gears (see Hibino, disclosing that oil flows “under the effect of a centrifugal force”). It is noted that the broad recitation of acentral well defined by a carrier allows for a wide interpretation of various spaces as the central well.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Hibino, and further in view of Lindenfeld et al. (US 3,741,343; hereinafter “Lindenfeld”).
Claim 14
Bowen does not disclose wherein the lubrication forced circulation pathway includes bores defined in the differential case to enable lubrication to splash within the interior of the differential case. However, this is well known; for example, Lindenfeld discloses bores (90L, 68L) in a differential case (see FIG. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have further modified to include bores in differential case in order to improve circulation of oil again through parts of the differential.
Allowable Subject Matter
Claim 15 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.
With reference to claim 15, the prior art does not disclose or render obvious the combination of features as recited including the passageways to both the differential and compound planetary gearset, bores in the differential case, as well as bores in the pinion gears that lead from the case interior to a center of the differential.
While each feature alone may be within the prior art, these features are each within different references and combining all of these into one combination would require improper hindsight reasoning. In this case, the purpose of the bores of the case in the prior is different than in the present invention and the prior art the combination of the bores in the case in the present combination have a synergistic function with those in the pinion gears.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 12,291,094 discloses a compound planetary gearset with lubrication and a differential. US 12,215,776 discloses a compound planetary gearset and a differential both with lubrication. US 2024/0263691 discloses a compound planetary gearset can be combined with either a spur gear differential or bevel gear differential as obvious variants. US 11,555,537, 11,274,740, 2019/0078674, 2018/0076687, 8508090, 2009/0127954
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM.
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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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/STACEY A FLUHART/Primary Examiner, Art Unit 3655
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