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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2024-097058, filed on 06/14/2024.
Information Disclosure Statements
The information disclosure statements (IDS) submitted on 06/03/2025 and 12/29/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Status of Claims
Claims 1-7 filed on 06/03/2025 are presently examined. Claims 5-7 are amended.
Double Patenting
Claims 1-5, and 7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, and 6 of copending Application Numbers 19/220,215 and 19/225,599 in view of by Kozeki et al. (US 20240083409 A1), hereinafter ‘215, ‘599, and Kozeki, respectively. This is a provisional nonstatutory double patenting rejection. Claims 1, 5, and 6 of copending application 19/255,599 recite similar limitations to claims 1, 5, and 6 of copending application 19/220,215.
Regarding claim 1, A drive apparatus for a vehicle, the drive apparatus comprising: ([‘599 and ‘215 claim 1] “A drive apparatus for a vehicle, the drive apparatus comprising”)
an engine; a first electric motor; a second electric motor; a third electric motor; a differential mechanism ([‘599 and ‘215 claim 1] “an engine; a first electric motor; a second electric motor; a third electric motor; a differential mechanism”); a first drive shaft for driving one of front and rear wheels of the vehicle; a second drive shaft for driving the other of the front and rear wheels ([‘599 and ‘215 claim 1] “a first drive shaft for driving one of front and rear wheels of the vehicle; a second drive shaft for driving the other of the front and rear wheels”); and a control apparatus including a processor, wherein the differential mechanism includes a first rotary element, a second rotary element and a third rotary element ([‘599 and ‘215 claim 1] “and a control apparatus including a processor, wherein the differential mechanism includes a first rotary element, a second rotary element and a third rotary element”), wherein the engine and the first electric motor are connected to the first rotary element, the second electric motor is connected to the second rotary element, and the first drive shaft is connected to the third rotary element ([‘599 and ‘215 claim 1] “wherein the engine and the first electric motor are connected to the first rotary element, the second electric motor is connected to the second rotary element, and the first drive shaft is connected to the third rotary element”), wherein the third electric motor is connected to the second drive shaft ([‘599 and ‘215 claim 1] “wherein the third electric motor is connected to the second drive shaft”),
‘599 and ‘215’s claims fail to explicitly disclose the processor is configured to cause the second electric motor to generate a torque, when performing a series driving in which the first electric motor is operated as an electric generator by operation of the engine, and the third electric motor is operated as a prime mover by an electric power generated by the first electric motor.
However, Kozeki teaches the processor is configured to cause the second electric motor to generate a torque, when performing a series driving in which the first electric motor is operated as an electric generator by operation of the engine, and the third electric motor is operated as a prime mover by an electric power generated by the first electric motor. ([0051] “Series Running (Electric Power Drive Mode)” [0052] As shown in FIG. 3, in the series running, the engine ENG is put into an operating state and the main drive motor MOT1 is driven by the electric power generated by the generator GEN.), and the third electric motor is operated as a prime mover by an electric power generated by the first electric motor ([0045] “the driving force of the sub drive motor MOT2 is transmitted to the output shaft 28”).
It would have been obvious to one of ordinary skill in the art to modify ‘599 and ‘215 with Kozeki’s teaching of a series operating hybrid vehicle with three electric motors with their own purposes. One would be motivated, with reasonable expectation of success, to use these in order to prevent temperature increase of the sub drive unit (Kozeki [0005] “a vehicle including a main drive unit that outputs a main driving force for driving one of a front wheel and a rear wheel and a sub drive unit that outputs a sub driving force for driving the other of the front wheel and the rear wheel by at least one of an engine and a main drive motor. In the related art, there is room for improvement in such a vehicle from the viewpoint of preventing a temperature increase of the sub drive unit.”).
Regarding claim 2, ‘599 and ‘215 fail to explicitly disclose The drive apparatus according to claim 1 wherein, when performing the series driving, the processor is configured to cause the second electric motor to generate the torque that causes a positive torque acting on the first rotary element in the same direction as a direction of a torque of the engine in operation.
However, Kozeki teaches when performing the series driving, the processor is configured to cause the second electric motor to generate the torque that causes a positive torque acting on the first rotary element in the same direction as a direction of a torque of the engine in operation ([FIG. 3] [0052] “electric power generated by the generator GEN is supplied to the main drive motor MOT1 and the main drive motor MOT1 is driven by the electric power. The outer peripheral shaft 29 of the generator shaft 23 is rotated by the driving force of the main drive motor MOT1 and the rotation is transmitted to the counter shaft 25 … the series running is possible in which all the driving force of the engine ENG is converted into electricity by the generator GEN to drive.”).
It would have been obvious to one of ordinary skill in the art to modify ‘599 and ‘215 with Kozeki’s teaching of a series operating hybrid vehicle with three electric motors with their own purposes including a generator that powers another motor to provide torque along with the engine during series driving. One would be motivated, with reasonable expectation of success, to use these in order add the motor’s torque to the engine to be transmitted to the front wheels (Kozeki [0052] “electric power generated by the generator GEN is supplied to the main drive motor MOT1 and the main drive motor MOT1 is driven by the electric power … driving force of the main drive motor MOT1 transmitted as such is output as the main driving force via the final gear train and the first differential mechanism D1, and transmitted to the front wheels”).
Regarding claim 3, ‘599 and ‘215 fail to explicitly disclose The drive apparatus according to claim 1 wherein, when performing the series driving, the processor is configured to cause the second electric motor to generate the torque that causes a negative torque acting on the first rotary element in a direction opposite to a direction of a torque of the engine in operation
However, Kozeki teaches when performing the series driving, the processor is configured to cause the second electric motor to generate the torque that causes a negative torque acting on the first rotary element in a direction opposite to a direction of a torque of the engine in operation ([0029] “The second inverter INV2 converts the DC voltage into the AC voltage and supplies a three-phase current to the main drive motor MOT1. The second inverter INV2 converts the AC voltage generated by the main drive motor MOT1 into the DC voltage when the vehicle V is braked.” [0027] “The main drive motor MOT1 and the generator GEN are connected to the battery BAT via the voltage control unit VCU, the first inverter INV1, and the second inverter INV2 and are capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” [0105] “The main drive motor MOT1 and the generator GEN are connected to a battery BAT via a voltage control unit VCU, a first inverter INV1, and a second inverter INV2, which are not illustrated in FIG. 11, and are capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” MOT1 can use and regenerate battery power when the vehicle is braked. Because regenerative braking is used via the motor and generator, one of ordinary skill in the art would understand the direction must be reversed in the motor and is opposite to the direction the engine is rotating while powering the generator.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘599 and ‘215 with Kozeki’s teaching of using one of the motors to provide a negative torque against the engine’s direction of torque. One would be motivated, with reasonable expectation of success, to do so in order to regenerate energy to the battery for later use by the motors (Kozeki [0029] “converts the AC voltage generated by the main drive motor MOT1 into the DC voltage when the vehicle V is braked.” [0105] “receiving electric power from the battery BAT and regenerating energy to the battery BAT”).
Regarding claim 4, ‘599 and ‘215 fail to explicitly disclose The drive apparatus according to claim 1 wherein, when performing the series driving during acceleration of the vehicle, the processor is configured to cause the second electric motor to generate the torque that causes a positive torque acting on the first rotary element in the same direction as a direction of a torque of the engine in operation, and wherein, when performing the series driving during deceleration of the vehicle, the processor is configured to cause the second electric motor to generate the torque that causes a negative torque acting on the first rotary element in a direction opposite to the direction of the torque of the engine in operation
However, Kozeki teaches when performing the series driving during acceleration of the vehicle, the processor is configured to cause the second electric motor to generate the torque that causes a positive torque acting on the first rotary element in the same direction as a direction of a torque of the engine in operation, and wherein, when performing the series driving during deceleration of the vehicle, the processor is configured to cause the second electric motor to generate the torque that causes a negative torque acting on the first rotary element in a direction opposite to the direction of the torque of the engine in operation ([0029] “The second inverter INV2 converts the DC voltage into the AC voltage and supplies a three-phase current to the main drive motor MOT1. The second inverter INV2 converts the AC voltage generated by the main drive motor MOT1 into the DC voltage when the vehicle V is braked.” [0027] “The main drive motor MOT1 and the generator GEN are connected to the battery BAT via the voltage control unit VCU, the first inverter INV1, and the second inverter INV2 and are capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” [0105] “The main drive motor MOT1 and the generator GEN are connected to a battery BAT via a voltage control unit VCU, a first inverter INV1, and a second inverter INV2, which are not illustrated in FIG. 11, and are capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” MOT1 can use and regenerate battery power when the vehicle is braked. [0043] “The sub drive motor MOT2 is connected to the battery BAT via the voltage control unit VCU and the third inverter INV3 and is capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” Similarly, MOT2 is also capable of using and regenerating battery power. One of ordinary skill in the art would understand that the engine generating power for the motor through the generator is rotating in the same direction as MOT1 during acceleration. And when braking, because regenerative braking is used via the motor and generator, one of ordinary skill in the art would understand the direction must be reversed in the motor and is opposite to the direction the engine is rotating while powering the generator.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘599 and ‘215 with Kozeki’s teaching of outputting torque from one of the motors in series with the engine during series driving and providing a negative torque against the engine’s direction of torque for regenerating energy to the battery. One would be motivated, with reasonable expectation of success, to do so in order to regenerate energy to the battery for later use by the motors (Kozeki [0029] “converts the AC voltage generated by the main drive motor MOT1 into the DC voltage when the vehicle V is braked.” [0105] “receiving electric power from the battery BAT and regenerating energy to the battery BAT”).
Regarding claim 5, ‘599 and ‘215 fail to explicitly disclose The drive apparatus according to claim 1, wherein, when performing the series driving, the processor is configured to make the torque of the second electric motor larger as a torque of the engine is larger
However, Kozeki when performing the series driving, the processor is configured to make the torque of the second electric motor larger as a torque of the engine is larger ([0050] “in the EV running, the engine ENG is put into a non-operating state and the main drive motor MOT1 is driven by the electric power supplied from the battery BAT.” [0052] “in the series running, the engine ENG is put into an operating state and the main drive motor MOT1 is driven by the electric power generated by the generator GEN.” [0053] engine drive mode [0089] “sets the boosted voltage to V51 [V] lower than the previous V52 [V] from time t1 at which the vehicle V transitions from the series running to the engine running. This is because the electric power required by the main drive motor MOT1 is reduced by the transition from series running to engine running.” A lower voltage in engine running mode would result in lower torque of MOT1. Whereas, conversely, the higher voltage required in at least series mode would result in higher torque of MOT1.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘599 and ‘215 with Kozeki’s teaching of boosting the voltage of MOT1 during series mode resulting in higher torque. One would be motivated, with reasonable expectation of success, to do so in order to provide the higher electric power required when in series mode and also to prevent overheating of the drive unit (Kozeki [0089] “the electric power required by the main drive motor MOT1 is reduced by the transition from series running to engine running” electric power required is lower in engine running, and therefore, inversely, higher when in series mode, providing higher torque. [0086] “prevent the heat generation of the main drive unit DU1 (that is, the loss of the main drive unit DU1) due to a large boosted voltage and prevent the temperature increase of the main drive unit DU1.”).
Regarding claim 7, ‘599 and ‘215 teaches the apparatus according to claim 1, wherein the differential mechanism is constructed such that the first, second and third rotary elements are to be rotated about a common axis about which the engine is to be rotated, and such that the first rotary element is to be rotated at a rotational speed that is intermediate between a rotational speed of the second rotary element and a rotational speed of the third rotary element that is connected to the first drive shaft (‘599 [claim 6] “the differential mechanism is constructed such that the first, second and third rotary elements are to be rotated about a common axis about which the engine is to be rotated, and such that the first rotary element is to be rotated at a rotational speed that is intermediate between the rotational speed of the second rotary element and a rotational speed of the third rotary element that is connected to the first drive shaft”).
‘599 and ‘215 fail to disclose the torque, which is generated by the second electric motor when the series driving is performed, is controlled during acceleration of the vehicle to act on the second rotary element in a rotation direction that is the same as a rotation direction of the engine connected to the first rotary element, thereby causing a positive torque acting on the first rotary element in a rotation direction that is the same as the rotation direction of the engine, and wherein
the torque, which is generated by the second electric motor when the series driving is performed, is controlled during deceleration of the vehicle to act on the second rotary element in a rotation direction that is opposite to the rotation direction of the engine, thereby causing a negative torque acting on the first rotary element in a rotation direction that is opposite to the rotation direction of the engine.
However, Kozeki teaches the torque, which is generated by the second electric motor when the series driving is performed, is controlled during acceleration of the vehicle to act on the second rotary element in a rotation direction that is the same as a rotation direction of the engine connected to the first rotary element, thereby causing a positive torque acting on the first rotary element in a rotation direction that is the same as the rotation direction of the engine ([FIG. 3] [0052] “electric power generated by the generator GEN is supplied to the main drive motor MOT1 and the main drive motor MOT1 is driven by the electric power. The outer peripheral shaft 29 of the generator shaft 23 is rotated by the driving force of the main drive motor MOT1 and the rotation is transmitted to the counter shaft 25 … the series running is possible in which all the driving force of the engine ENG is converted into electricity by the generator GEN to drive.”), and wherein
the torque, which is generated by the second electric motor when the series driving is performed, is controlled during deceleration of the vehicle to act on the second rotary element in a rotation direction that is opposite to the rotation direction of the engine, thereby causing a negative torque acting on the first rotary element in a rotation direction that is opposite to the rotation direction of the engine ([0029] “The second inverter INV2 converts the DC voltage into the AC voltage and supplies a three-phase current to the main drive motor MOT1. The second inverter INV2 converts the AC voltage generated by the main drive motor MOT1 into the DC voltage when the vehicle V is braked.” [0027] “The main drive motor MOT1 and the generator GEN are connected to the battery BAT via the voltage control unit VCU, the first inverter INV1, and the second inverter INV2 and are capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” [0105] “The main drive motor MOT1 and the generator GEN are connected to a battery BAT via a voltage control unit VCU, a first inverter INV1, and a second inverter INV2, which are not illustrated in FIG. 11, and are capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” MOT1 can use and regenerate battery power when the vehicle is braked. Because regenerative braking is used via the motor and generator, one of ordinary skill in the art would understand the direction must be reversed in the motor and is opposite to the direction the engine is rotating while powering the generator.).
It would have been obvious to one of ordinary skill in the art to modify ‘599 and ‘215 with Kozeki’s teaching of a series operating hybrid vehicle that uses three rotary elements in series drive mode with opposing rotation directions during acceleration and deceleration. One would be motivated, with reasonable expectation of success, to use these in order to provide a hybrid vehicle while preventing temperature increase of the sub drive unit (Kozeki [0005] “a vehicle including a main drive unit that outputs a main driving force for driving one of a front wheel and a rear wheel and a sub drive unit that outputs a sub driving force for driving the other of the front wheel and the rear wheel by at least one of an engine and a main drive motor. In the related art, there is room for improvement in such a vehicle from the viewpoint of preventing a temperature increase of the sub drive unit.”).
Claim 6 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, and 6 of copending Application Numbers 19/220,215 and 19/225,599 in view of by Kozeki, further in view of Maruyama (US 9533679 B2) hereinafter referred to as and Maruyama. This is a provisional nonstatutory double patenting rejection. Claims 1, 5, and 6 of copending application 19/255,599 recite similar limitations to claims 1, 5, and 6 of copending application 19/220,215.
Regarding claim 6, ‘599 and ‘215 discloses the drive apparatus according to claim 1, wherein the differential mechanism is constructed such that the first, second and third rotary elements are to be rotated about a common axis about which the engine is to be rotated, and such that the third rotary element, which is connected to the first drive shaft, is to be rotated at a rotational speed that is intermediate between a rotational speed of the second rotary element and a rotational speed of the first rotary element (‘599 and ‘215 [claim 5] “The drive apparatus according to claim 1, wherein the differential mechanism is constructed such that the first, second and third rotary elements are to be rotated about a common axis about which the engine is to be rotated, and such that the third rotary element, which is connected to the first drive shaft, is to be rotated at a rotational speed that is intermediate between the rotational speed of the second rotary element and a rotational speed of the first rotary element”).
‘599 and ‘215 fail to explicitly disclose wherein the torque, which is generated by the second electric motor when the series driving is performed, is controlled during acceleration of the vehicle to act on the second rotary element in a rotation direction that is opposite to a rotation direction of the engine connected to the first rotary element, thereby causing a positive torque acting on the first rotary element in a rotation direction that is the same as the rotation direction of the engine;
wherein the torque, which is generated by the second electric motor when the series driving is performed, is controlled during deceleration of the vehicle to act on the second rotary element in a rotation direction that is the same as the rotation direction of the engine, thereby causing a negative torque acting on the first rotary element in a rotation direction that is opposite to the rotation direction of the engine.
However, Maruyama teaches the torque, which is generated by the second electric motor when the series driving is performed, is controlled during acceleration of the vehicle to act on the second rotary element in a rotation direction that is opposite to a rotation direction of the engine connected to the first rotary element, thereby causing a positive torque acting on the first rotary element in a rotation direction that is the same as the rotation direction of the engine ([column 3, lines 22-30] “the above-described first electric motor is controlled to generate the torque in a negative direction, and the above-described second electric motor is controlled to generate the torque in a positive direction, while the hybrid vehicle is in the positive driving run. According to this form of the invention, the hybrid vehicle in the positive driving run can be accelerated with the torque of the engine generated with the regenerative operation of the first electric motor, and the positive torque of the second electric motor.”)
the torque, which is generated by the second electric motor when the series driving is performed, is controlled during deceleration of the vehicle to act on the second rotary element in a rotation direction that is the same as the rotation direction of the engine, thereby causing a negative torque acting on the first rotary element in a rotation direction that is opposite to the rotation direction of the engine ([column 19, lines 52-62] “implement the engine stop control in the accelerating run (positive driving run) … the first electric motor MG1 is controlled to generate a torque in the positive direction, while the second electric motor MG2 is controlled to generate a torque in the negative direction.” [column 3, lines 14-20] “first electric motor is controlled to generate the torque in a positive direction, and the above-described second electric motor is controlled to generate the torque in a negative direction, while the hybrid vehicle is in the coasting run. According to this form of the invention, the hybrid vehicle in the coasting run can be decelerated with the regenerative operation of the second electric motor.”).
These rotation directions are similar to those recited in claim 7, with slightly different rotation direction conditions. Per MPEP 2143(I)(E), these are considered to be “obvious to try” which would include choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. There are finite number of variations of the combination of rotation directions during acceleration and deceleration. One of ordinary skill in the art would be motivated to try among a finite number of obvious variations of the combination of rotation directions to achieve a solution. One of ordinary skill would be motivated to modify ‘599 and ‘215 with Maruyama’s teaching of using such opposite directions as cited above and try among the finite number of rotation directions in order to reduce variation of drive force of the hybrid vehicle, preventing shock in deceleration or acceleration conditions ([column 3, lines 31-43] “the torque of the above-described first electric motor and the torque of the above-described second electric motor are controlled so as to prevent a variation of a drive force of the hybrid vehicle … Thus, it is possible to effectively prevent a variation of the vehicle drive force and a shock due to stopping of the rotary motion of the engine, in the coasting run or positive driving run of the hybrid vehicle.”).
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 (i.e., changing from AIA to pre-AIA ) 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.
(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 1-5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kozeki et al. (US 20240083409 A1), hereinafter referred to as Kozeki.
Regarding claim 1, Kozeki discloses A drive apparatus for a vehicle, the drive apparatus comprising:
an engine (engine ENG, contains engine crankshaft 12, connects to input shaft 210); a first electric motor (generator GEN, contains generator shaft 230, connects to input shaft 210); a second electric motor (motor MOT1); a third electric motor (motor MOT2); a differential mechanism (differential mechanism D1); a first drive shaft for driving one of front and rear wheels of the vehicle ([0021] “main drive unit DU1 outputs a main driving force to drive front wheels FWR”); a second drive shaft for driving the other of the front and rear wheels ([0021] “sub drive unit DU2 outputs a sub driving force to drive rear wheels RWR.”); and
a control apparatus including a processor ([0062] “The control unit … is implemented by, for example, an electronic control unit (ECU) including a processor”), wherein the differential mechanism includes a first rotary element, a second rotary element and a third rotary element ([FIG. 1] D1 differential mechanism is connected to each rotary element of the assembly, 34, 52, and 56.), wherein
the engine and the first electric motor are connected to the first rotary element ([0033] “An input gear 34 … is provided on the engine … and the input gear 34 on the inner peripheral shaft 27 form a generator drive gear train for transmitting the power”),
the second electric motor is connected to the second rotary element ([0036] “The main drive motor MOT1 is configured to include a rotor R fixed to the outer peripheral shaft 29” [0037] “when the outer peripheral shaft 29 is rotated by the driving force of the main drive motor MOT1, the rotation is transmitted to the counter shaft 25 via the motor power transmission gear train.”), and
the first drive shaft is connected to the third rotary element ([0038] “The counter shaft 25 is provided with an output gear 56”), wherein
the third electric motor is connected to the second drive shaft ([0045] “the driving force of the sub drive motor MOT2 is transmitted to the output shaft 28” [FIG. 1] see MOT2 driving the D2 rear wheels.), wherein
the processor is configured to cause the second electric motor to generate a torque, when performing a series driving in which the first electric motor is operated as an electric generator by operation of the engine, and the third electric motor is operated as a prime mover by an electric power generated by the first electric motor. ([0051] “Series Running (Electric Power Drive Mode)” [0052] As shown in FIG. 3, in the series running, the engine ENG is put into an operating state and the main drive motor MOT1 is driven by the electric power generated by the generator GEN.), and the third electric motor is operated as a prime mover by an electric power generated by the first electric motor ([0045] “the driving force of the sub drive motor MOT2 is transmitted to the output shaft 28”).
Regarding claim 2, Kozeki discloses The drive apparatus according to claim 1 wherein, when performing the series driving, the processor is configured to cause the second electric motor to generate the torque that causes a positive torque acting on the first rotary element in the same direction as a direction of a torque of the engine in operation ([FIG. 3] [0052] “electric power generated by the generator GEN is supplied to the main drive motor MOT1 and the main drive motor MOT1 is driven by the electric power. The outer peripheral shaft 29 of the generator shaft 23 is rotated by the driving force of the main drive motor MOT1 and the rotation is transmitted to the counter shaft 25 … the series running is possible in which all the driving force of the engine ENG is converted into electricity by the generator GEN to drive.”).
Regarding claim 3, Kozeki discloses The drive apparatus according to claim 1 wherein, when performing the series driving, the processor is configured to cause the second electric motor to generate the torque that causes a negative torque acting on the first rotary element in a direction opposite to a direction of a torque of the engine in operation ([0029] “The second inverter INV2 converts the DC voltage into the AC voltage and supplies a three-phase current to the main drive motor MOT1. The second inverter INV2 converts the AC voltage generated by the main drive motor MOT1 into the DC voltage when the vehicle V is braked.” [0027] “The main drive motor MOT1 and the generator GEN are connected to the battery BAT via the voltage control unit VCU, the first inverter INV1, and the second inverter INV2 and are capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” [0105] “The main drive motor MOT1 and the generator GEN are connected to a battery BAT via a voltage control unit VCU, a first inverter INV1, and a second inverter INV2, which are not illustrated in FIG. 11, and are capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” MOT1 can use and regenerate battery power when the vehicle is braked. Because regenerative braking is used via the motor and generator, one of ordinary skill in the art would understand the direction must be reversed in the motor and is opposite to the direction the engine is rotating while powering the generator.).
Regarding claim 4, Kozeki discloses The drive apparatus according to claim 1 wherein, when performing the series driving during acceleration of the vehicle, the processor is configured to cause the second electric motor to generate the torque that causes a positive torque acting on the first rotary element in the same direction as a direction of a torque of the engine in operation, and wherein, when performing the series driving during deceleration of the vehicle, the processor is configured to cause the second electric motor to generate the torque that causes a negative torque acting on the first rotary element in a direction opposite to the direction of the torque of the engine in operation ([0029] “The second inverter INV2 converts the DC voltage into the AC voltage and supplies a three-phase current to the main drive motor MOT1. The second inverter INV2 converts the AC voltage generated by the main drive motor MOT1 into the DC voltage when the vehicle V is braked.” [0027] “The main drive motor MOT1 and the generator GEN are connected to the battery BAT via the voltage control unit VCU, the first inverter INV1, and the second inverter INV2 and are capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” [0105] “The main drive motor MOT1 and the generator GEN are connected to a battery BAT via a voltage control unit VCU, a first inverter INV1, and a second inverter INV2, which are not illustrated in FIG. 11, and are capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” MOT1 can use and regenerate battery power when the vehicle is braked. [0043] “The sub drive motor MOT2 is connected to the battery BAT via the voltage control unit VCU and the third inverter INV3 and is capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” Similarly, MOT2 is also capable of using and regenerating battery power. One of ordinary skill in the art would understand that the engine generating power for the motor through the generator is rotating in the same direction as MOT1 during acceleration. And when braking, because regenerative braking is used via the motor and generator, one of ordinary skill in the art would understand the direction must be reversed in the motor and is opposite to the direction the engine is rotating while powering the generator.).
Regarding claim 5, Kozeki discloses The drive apparatus according to claim 1, wherein, when performing the series driving, the processor is configured to make the torque of the second electric motor larger as a torque of the engine is larger ([0050] “in the EV running, the engine ENG is put into a non-operating state and the main drive motor MOT1 is driven by the electric power supplied from the battery BAT.” [0052] “in the series running, the engine ENG is put into an operating state and the main drive motor MOT1 is driven by the electric power generated by the generator GEN.” [0053] engine drive mode [0089] “sets the boosted voltage to V51 [V] lower than the previous V52 [V] from time t1 at which the vehicle V transitions from the series running to the engine running. This is because the electric power required by the main drive motor MOT1 is reduced by the transition from series running to engine running.” A lower voltage in engine running mode would result in lower torque of MOT1. Whereas, conversely, the higher voltage required in at least series mode would result in higher torque of MOT1.).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kozeki as applied to claim 1 above, and further in view of Maruyama (US 9533679 B2) and Kumazaki et al. (US 20090093330 A1), hereinafter referred to as Maruyama and Kumazaki, respectively.
Regarding claim 6, Kozeki discloses The drive apparatus according to claim 1, wherein the differential mechanism is constructed such that the first, second and third rotary elements are to be rotated about a common axis about which the engine is to be rotated ([0103] “drive unit is coaxial hybrid mechanism … parallel-shaft type hybrid mechanism”).
Kozeki teaches the torque, which is generated by the second electric motor when the series driving is performed, is controlled during acceleration of the vehicle to act on the second rotary element in a rotation direction that is the same as a rotation direction of the engine connected to the first rotary element, thereby causing a positive torque acting on the first rotary element in a rotation direction that is the same as the rotation direction of the engine ([FIG. 3] [0052] “electric power generated by the generator GEN is supplied to the main drive motor MOT1 and the main drive motor MOT1 is driven by the electric power. The outer peripheral shaft 29 of the generator shaft 23 is rotated by the driving force of the main drive motor MOT1 and the rotation is transmitted to the counter shaft 25 … the series running is possible in which all the driving force of the engine ENG is converted into electricity by the generator GEN to drive.”), and
the torque, which is generated by the second electric motor when the series driving is performed, is controlled during deceleration of the vehicle to act on the second rotary element in a rotation direction that is opposite to the rotation direction of the engine, thereby causing a negative torque acting on the first rotary element in a rotation direction that is opposite to the rotation direction of the engine ([0029] “The second inverter INV2 converts the DC voltage into the AC voltage and supplies a three-phase current to the main drive motor MOT1. The second inverter INV2 converts the AC voltage generated by the main drive motor MOT1 into the DC voltage when the vehicle V is braked.” [0027] “The main drive motor MOT1 and the generator GEN are connected to the battery BAT via the voltage control unit VCU, the first inverter INV1, and the second inverter INV2 and are capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” [0105] “The main drive motor MOT1 and the generator GEN are connected to a battery BAT via a voltage control unit VCU, a first inverter INV1, and a second inverter INV2, which are not illustrated in FIG. 11, and are capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” MOT1 can use and regenerate battery power when the vehicle is braked. Because regenerative braking is used via the motor and generator, one of ordinary skill in the art would understand the direction must be reversed in the motor and is opposite to the direction the engine is rotating while powering the generator.). These limitations above are recited in claim 7. Examiner notes that claim 6 recites similar limitations but with slightly different rotation direction conditions:
Kozeki fails to disclose wherein the torque, which is generated by the second electric motor when the series driving is performed, is controlled during acceleration of the vehicle to act on the second rotary element in a rotation direction that is opposite to a rotation direction of the engine connected to the first rotary element, thereby causing a positive torque acting on the first rotary element in a rotation direction that is the same as the rotation direction of the engine;
wherein the torque, which is generated by the second electric motor when the series driving is performed, is controlled during deceleration of the vehicle to act on the second rotary element in a rotation direction that is the same as the rotation direction of the engine, thereby causing a negative torque acting on the first rotary element in a rotation direction that is opposite to the rotation direction of the engine.
However, Maruyama teaches the torque, which is generated by the second electric motor when the series driving is performed, is controlled during acceleration of the vehicle to act on the second rotary element in a rotation direction that is opposite to a rotation direction of the engine connected to the first rotary element, thereby causing a positive torque acting on the first rotary element in a rotation direction that is the same as the rotation direction of the engine ([column 3, lines 22-30] “the above-described first electric motor is controlled to generate the torque in a negative direction, and the above-described second electric motor is controlled to generate the torque in a positive direction, while the hybrid vehicle is in the positive driving run. According to this form of the invention, the hybrid vehicle in the positive driving run can be accelerated with the torque of the engine generated with the regenerative operation of the first electric motor, and the positive torque of the second electric motor.”)
the torque, which is generated by the second electric motor when the series driving is performed, is controlled during deceleration of the vehicle to act on the second rotary element in a rotation direction that is the same as the rotation direction of the engine, thereby causing a negative torque acting on the first rotary element in a rotation direction that is opposite to the rotation direction of the engine ([column 19, lines 52-62] “implement the engine stop control in the accelerating run (positive driving run) … the first electric motor MG1 is controlled to generate a torque in the positive direction, while the second electric motor MG2 is controlled to generate a torque in the negative direction.” [column 3, lines 14-20] “first electric motor is controlled to generate the torque in a positive direction, and the above-described second electric motor is controlled to generate the torque in a negative direction, while the hybrid vehicle is in the coasting run. According to this form of the invention, the hybrid vehicle in the coasting run can be decelerated with the regenerative operation of the second electric motor.”).
These rotation directions are similar to those recited in claim 7, with slightly different rotation direction conditions. Per MPEP 2143(I)(E), these are considered to be “obvious to try” which would include choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. There are finite number of variations of the combination of rotation directions during acceleration and deceleration. One of ordinary skill in the art would be motivated to try among a finite number of obvious variations of the combination of rotation directions to achieve a solution. One of ordinary skill would be motivated to modify Kozeki with Maruyama’s teaching of using such opposite directions as cited above and try among the finite number of rotation directions in order to reduce variation of drive force of the hybrid vehicle, preventing shock in deceleration or acceleration conditions ([column 3, lines 31-43] “the torque of the above-described first electric motor and the torque of the above-described second electric motor are controlled so as to prevent a variation of a drive force of the hybrid vehicle … Thus, it is possible to effectively prevent a variation of the vehicle drive force and a shock due to stopping of the rotary motion of the engine, in the coasting run or positive driving run of the hybrid vehicle.”).
Kozeki fails to explicitly disclose the third rotary element, which is connected to the first drive shaft, is to be rotated at a rotational speed that is intermediate between a rotational speed of the second rotary element and a rotational speed of the first rotary element.
However, Kumazaki teaches the third rotary element, which is connected to the first drive shaft, is to be rotated at a rotational speed that is intermediate between a rotational speed of the second rotary element and a rotational speed of the first rotary element ([0011] “the rotary element connected to the engine is rotated at a speed intermediate between the rotating speed of the rotary element connected to the first electric motor and a rotating speed of the rotary element connected to the drive wheel and the second electric motor”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kozeki with Kumazaki’s teaching of a third rotary element speed being intermediate between a second and first rotary element. One would be motivated, with reasonable expectation of success, to use such a set up in order to improve efficiency and fuel economy for the hybrid vehicle (Kumazaki [0007] “maintain a high degree of overall power transmitting efficiency of the hybrid drive system including the power transmitting efficiency of the electric path, for thereby permitting an improvement of fuel economy of the hybrid vehicle.”).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kozeki as applied to claim 1 above, and further in view of Tabata et al. (US 20070087893 A1).
Regarding claim 7, Kozeki discloses The drive apparatus according to claim 1, wherein the differential mechanism is constructed such that
the first, second and third rotary elements are to be rotated about a common axis about which the engine is to be rotated ([0103] “drive unit is coaxial hybrid mechanism … parallel-shaft type hybrid mechanism”), and such that
the torque, which is generated by the second electric motor when the series driving is performed, is controlled during acceleration of the vehicle to act on the second rotary element in a rotation direction that is the same as a rotation direction of the engine connected to the first rotary element, thereby causing a positive torque acting on the first rotary element in a rotation direction that is the same as the rotation direction of the engine ([FIG. 3] [0052] “electric power generated by the generator GEN is supplied to the main drive motor MOT1 and the main drive motor MOT1 is driven by the electric power. The outer peripheral shaft 29 of the generator shaft 23 is rotated by the driving force of the main drive motor MOT1 and the rotation is transmitted to the counter shaft 25 … the series running is possible in which all the driving force of the engine ENG is converted into electricity by the generator GEN to drive.”), and wherein
the torque, which is generated by the second electric motor when the series driving is performed, is controlled during deceleration of the vehicle to act on the second rotary element in a rotation direction that is opposite to the rotation direction of the engine, thereby causing a negative torque acting on the first rotary element in a rotation direction that is opposite to the rotation direction of the engine ([0029] “The second inverter INV2 converts the DC voltage into the AC voltage and supplies a three-phase current to the main drive motor MOT1. The second inverter INV2 converts the AC voltage generated by the main drive motor MOT1 into the DC voltage when the vehicle V is braked.” [0027] “The main drive motor MOT1 and the generator GEN are connected to the battery BAT via the voltage control unit VCU, the first inverter INV1, and the second inverter INV2 and are capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” [0105] “The main drive motor MOT1 and the generator GEN are connected to a battery BAT via a voltage control unit VCU, a first inverter INV1, and a second inverter INV2, which are not illustrated in FIG. 11, and are capable of receiving electric power from the battery BAT and regenerating energy to the battery BAT.” MOT1 can use and regenerate battery power when the vehicle is braked. Because regenerative braking is used via the motor and generator, one of ordinary skill in the art would understand the direction must be reversed in the motor and is opposite to the direction the engine is rotating while powering the generator.).
Kozeki fails to explicitly disclose the first rotary element is to be rotated at a rotational speed that is intermediate between a rotational speed of the second rotary element and a rotational speed of the third rotary element that is connected to the first drive shaft.
However, Tabata teaches the first rotary element is to be rotated at a rotational speed that is intermediate between a rotational speed of the second rotary element and a rotational speed of the third rotary element that is connected to the first drive shaft ([claim 3] “a first rotary element, a second rotary element and a third rotary element, each of which is provided by at least one of the sun gear, carrier and ring gear, wherein the first rotary element is rotatable at a rotational speed that is intermediate between rotational speeds of the respective second and third rotary elements”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kozeki with Tabata’s teaching of a first rotary element speed being intermediate between a second and third rotary element. One would be motivated, with reasonable expectation of success, to use such a set up in order to provide size reduction and improvement of fuel economy for a hybrid vehicle drive system (Tabata [0008] “size reduction of the vehicular drive system or improvement of fuel economy of the vehicular drive system.”).
Conclusion
The following prior art is made of record but is not relied upon and is considered pertinent to applicant's disclosure: Koike (US 20180254721 A1) teaches driving first and second motors in opposite directions in order to reduce backlash of the gears, which is similar to Applicant’s specification paragraphs [0016 through 0017] (Koike [0040] “by driving the first motor 221 and the second motor 222 in opposite directions, it is possible to reduce backlash (i.e., tolerance or play between the gears) of the output shaft 300.”).
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/M.R.H./Examiner, Art Unit 3668
/Angelina M Shudy/Primary Examiner, Art Unit 3668
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