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 .
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 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kasuya et al. (US 2015/0337953; hereinafter “Kasuya”).
Claim 1
Kasuya discloses a method for parking a vehicle, and capable of parking an electric vehicle, the electric vehicle comprising an electric motor (3) operatively connected to a transmission (e.g., 5b, 6a, 6b, 7a, 51) for propelling the vehicle which could be an electric vehicle, the method comprising:
selecting a park gear shift position (see paragraph [0062]); and
while an engagement member of the transmission is engaged with an output gear (5b directly engaged or alternatively any of 6a, 6b, and 7a indirectly) of the transmission:
biasing a parking member (52) of the transmission towards a parking gear (51) of the transmission (via spring 54); and
engaging the parking member with the parking gear (see paragraph [0045]).
The preamble is not limiting as to the intended use for specifically an electric vehicle.
Claim 2
Kasuya discloses controlling the electric motor, by a motor controller, to stop (see paragraph [0075].
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kasuya in view of Kirchner (US 2017/0088111).
Claim 5
Kasuya does not disclose discloses wherein: the parking member is a parking lever; and biasing the parking member towards the parking gear comprises pivoting the parking lever such that an end portion of the parking lever is received in a notch defined by the parking gear.
However, Kirchner discloses a parking device wherein:
the parking member (12) is a parking lever (see FIG. 1); and
biasing (via equivalent spring 26) the parking member (12) towards the parking gear (11) comprises pivoting (along forward and reverse direction 15) the parking lever (12) such that an end portion (32) of the parking lever is received in a notch (notches between 30) defined by the parking gear (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 modified Kasuya such that the parking member (52) of Kasuya was a pivoting lever that engages the teeth of the parking gear rather than a slide member in order to avoid uneven sliding and/or reduce friction.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Engerman FIG. 3 (US 2025/0102020) in view of Kasuya.
Claim 1
Engerman FIG. 3 discloses a method for parking an electric vehicle, the electric vehicle comprising an electric motor (106) operatively connected to a transmission (e.g., 122, 160, 136, 140) for propelling the vehicle which could be an electric vehicle, the method comprising (see FIGS. 3, 4A, 4B):
selecting a park gear shift position (see paragraphs [0033]-[0035] disclosing a high gear via clutch 312 and a lower gear via clutch 310); and
while an engagement member (engaging member of clutches 310 and 312 which according to paragraph [0033] may be a single clutch to provide both clutch functions) of the transmission is engaged with an output gear (high gear is sun 314 engaged with 312 and low output gear is carrier 306 or planets thereof engaged by 310) of the transmission:
engaging the parking member (332) with the parking gear (330) (see paragraph [0034]).
Engerman does not disclose that biasing a parking member (332) of the transmission towards a parking gear (330) of the transmission. However, Kasuya discloses biasing a parking member (52) of the transmission towards a parking gear (51) of the transmission (via spring 54). 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 Engerman so that the parking device included a parking assembly including the engaging spring in Kasuya in order to reduce lash and/or provide smoother engagement and/or disengagement of the parking device, and/or to provide a default biasing force in the engagement direction in the case of power being turned off to the actuator.
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Engerman FIG. 3 in view of Kasuya, and further in view of Engerman FIG. 7.
Claim 3
Engerman FIG. 3 discloses wherein:
the output gear is a high output gear (314);
the transmission also comprises a low output gear (306 or planets of 306); and
the engagement member (310, 312) is engaged with the high output gear (314) when biasing the parking member towards the parking gear (the spring biases the parking member at all times) and engaging the parking member with the parking gear.
Engerman FIG. 3 only discloses a schematic of the arrangement and does not disclose that the engagement member is a disk. However, Engerman FIG. 7 discloses that the transmission clutch may include a disk (720). 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 Engerman FIG. 3 so that the clutch and brake each had a disk since this is a simple substitution of a known generic clutch for a known specific clutch to yield predictable results and in this case would provide a compact manner of shifting the transmission.
As so modified the engagement member disk would be what engages the high output gear.
Claim 4
the output gear is a low output gear;
the transmission also comprises a high output gear; and
the disk is engaged with the low output gear when biasing the parking member towards the parking gear and engaging the parking member with the parking gear.
Engerman FIG. 3 discloses wherein:
the output gear is a low output gear (306 or planets of 306);
the transmission also comprises a low output gear (314); and
the engagement member (310, 312) is engaged with the high output gear (306 or planets of 306) when biasing the parking member towards the parking gear (the spring biases the parking member at all times) and engaging the parking member with the parking gear.
Engerman FIG. 3 only discloses a schematic of the arrangement and does not disclose that the engagement member is a disk. However, Engerman FIG. 7 discloses that the transmission clutch may include a disk (720). 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 Engerman FIG. 3 so that the clutch and brake each had a disk since this is a simple substitution of a known generic clutch for a known specific clutch to yield predictable results and in this case would provide a compact manner of shifting the transmission.
As so modified the engagement member disk would be what engages the low output gear.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2007/0272511 discloses a transmission with a parking gear at 98. US 2024/0042869 discloses a parking device with a spring that biases in the engaging direction. CN 115247701A discloses a parking arrangement with multiple springs including springs that bias in the engaging direction.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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