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 .
Response to Arguments
Applicant’s arguments, see pages 7-11, filed 12/24/2025, with respect to the drawing objection have been fully considered and are persuasive. The drawing objection of 12/24/2025 has been withdrawn.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the third shaft must rotate) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Applicant argues that the support rod 164 of Kindl does not rotate, and thus is not a shaft. Examiner disagrees, as Merriam-Webster’s definition 3(D) for “shaft” is “a commonly cylindrical bar used to support rotating pieces or to transmit power or motion by rotation”, and thus is not required to rotate. Kindl Paragraph [0106] discloses “The parking lever 180 is rotatably connected to the support rod 164”, and thus support rod 164 is a third shaft of the transmission assembly.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 13, 17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kindl (US-20240003412-A1), henceforth referred to as Kindl.
Regarding claim 13, Kindl discloses a transmission comprising: a first shaft configured to operatively connect to an engine, a second shaft configured to operatively connect to at least one driving shaft (Claim 1: " A transmission comprising: a first shaft; a second shaft, one of the first shaft and the second shaft being adapted for operatively connecting to a motor, an other one of the first shaft and the second shaft being adapted for operatively connecting to at least one driveshaft"), a shift drum for selectively controlling torque transfer between the first shaft and the second shaft, the shift drum being rotatable about a shift drum axis (Claim 1: "a shift drum for selectively controlling torque transfer between the first shaft and the second shaft, the shift drum being rotatable about a drum axis"), the shift drum being positioned vertically lower than the first shaft (Figure 7: shift drum 110 is positioned vertically lower than input shaft 102), a third shaft operatively connected to the shift drum, to the first shaft and to the second shaft (Figure 5: support rod 163 is operably connected to shift drum 110, input shaft 102, and output shaft 104), and a shift assembly comprising: a shift shaft defining a shift shaft axis extending generally parallel to the shift drum axis (Claim 1: "a shift rod extending parallel to the drum axis, the shift rod being translatable along a rod axis parallel to the drum axis"), the shift shaft being positioned vertically lower than the first shaft (Annotated Figure 7: shift shaft positioned vertically lower than input shaft 102), and a shift member connected to the shift shaft, and operatively connected to the shift drum for selectively rotating the shift drum about the shift drum axis (Annotated Figure 5: shift member connected to shaft of shift assembly 109, and connected to shift drum 110 to rotate the shift drum).
Regarding claim 17, Kindl discloses the shift shaft is positioned vertically higher than the shift drum (Annotated Figure 7: shift shaft is positioned vertically higher than shift drum 110).
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Regarding claim 20, Kindl discloses a powertrain comprising: the transmission of claim 13 (Figure 3: transmission 100), the engine (Figure 3: engine 30), a continuously variable transmission (CVT) operatively connected to the engine, the transmission being operatively connected to the CVT (Paragraph [0082]: "The engine 30 is connected to the CVT 32, which is disposed on a left side of the engine 30. The CVT 32 is operatively connected to driveshaft 70 (shown schematically in FIG. 1) via the transmission 100 to transmit torque from the engine 30"), and the at least one driving shaft operatively connected to the transmission (Paragraph [0021]: "In some embodiments, the transmission further includes a terminal output gear connected to the output shaft for transferring torque of the output shaft to the at least one driving shaft for transferring motion to at least one ground engaging member").
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 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kindl.
Regarding claim 15, Kindl discloses all of the limitations of the claim, except that the shift shaft is positioned vertically lower than the third shaft. It would have been obvious to one having ordinary skill in the art at the time the invention was made to position the shift shaft vertically lower than the third shaft, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Such a modification would be expected to not materially affect the functionality of the invention.
Regarding claim 16, Kindl discloses a fork rod defining a fork rod axis extending generally parallel to the shift drum axis (Figure 6: fork rod 160 extends parallel to shift drum 110), and a shift fork slidably connected to the fork rod, and operatively connected to the shift drum (Figure 6: shift fork 150 connected to shift fork 160 and shift drum 110). Kindl discloses all of the limitations of the claim, except that a highest point of the shift member is vertically lower than a highest point of the shift fork. It would have been obvious to one having ordinary skill in the art at the time the invention was made to position the highest point of the shift member lower than a highest point of the shift fork, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Such a modification would be expected to not materially affect the functionality of the invention.
Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kindl in view of Brandstaetter (US10160453B1), henceforth referred to as Brandstaetter
Regarding claim 18, Kindl does not teach a differential. Brandstaetter discloses a differential operatively connected to the transmission (Figure 8: ring gear 306 of the rear differential is connected to transmission 100), and the at least one driving shaft operatively connected to the differential (Figure 8: driving shaft 52 is connected to ring gear 306 of the rear differential via gears 307 and 246). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the powertrain of Kindl with the differential of Brandstaetter in order to drive the wheels from the output of the transmission (Column 9 lines 21-23).
Regarding claim 19, Brandstaetter further discloses the differential defines a differential axis, and the shift shaft is positioned vertically higher than the differential axis (Figure 5: shift shaft 118 is positioned vertically higher than the axis of the rear differential defined by the center of ring gear 306).
Allowable Subject Matter
Claims 1-3 and 5-12 are allowed.
The following is an examiner’s statement of reasons for allowance: the “the CVT having a CVT housing; a transmission operatively connected to the CVT; and a driving shaft operatively connected to the transmission, the driving shaft being supported by the CVT housing, the driving shaft being positioned: laterally between the engine and the CVT, and vertically higher than a lowest point of the engine” as found in independent claim 1, is not an obvious combination of prior art. Further, the “a drive pulley and a driven pulley drivingly connected to the drive pulley, the drive pulley and the driven pulley being housed in the CVT housing, and rotation axes of the drive pulley and the driven pulley extending laterally through the first housing portion and the second housing portion; a transmission operatively connected to the CVT, the transmission having a transmission housing; and a driving shaft operatively connected to the transmission, wherein: the first housing portion is connected to the engine housing and to the transmission housing; the first housing portion has a supporting portion supporting the driving shaft; and the first housing portion has a mounting bracket for mounting the powertrain to the vehicle” as found in independent claim 6 is not an obvious combination of prior art.
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.”
Cited Prior Art not Relied Upon
The prior art made of record and not relied upon that is considered pertinent to applicant's disclosure includes Mitsubori (US-9027430-B2), which discloses a transmission with 3 rotating shafts.
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 MATTHEW J O'NEILL whose telephone number is (571)272-4752. The examiner can normally be reached Mon - Fri: 7AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached at (571) 270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW JAMES O'NEILL/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614