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 .
Claims
Claims 1-17 are pending in the application.
Specification
Abstract: Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Specification:
[0054] “gear train 204” needs to be “gear train 204a”.
[0064] “The electric drive unit may form part of a front axle as in the case shown in the Figure, or may alternatively form part of a rear axle of the vehicle 10. “ This is opposite to what is shown in Figure 2, which has the electric drive unit hooked up to the rear axle, not the front axle.
Claim Objections
Claims are objected to because of the following informalities:
Claims 3 and 7 need to have “of the traction battery” inserted to describe what type of capability it is.
Claim 13 states “a torque split between at least one of the first electric motor and second electric traction motor, and the internal combustion engine ” , which should be “a torque split between at least one of the first electric motor and the second electric traction motor, and the internal combustion engine.”
Claim 17 mentions “a method” but this would be distinct from the method described in claim 16. It is assumed to be the same method.
Appropriate correction is required.
Claim Interpretation
Claim 13 states “a torque split between at least one of the first electric motor and second electric traction motor, and the internal combustion engine ”. This is assumed to mean that the torque is split between (the first electric motor) and (the internal combustion engine), OR that the torque is split between (the second electric traction motor) and (the internal combustion engine), OR that the torque is split three ways among (the first electric motor) and (the second electric traction motor) and (the internal combustion engine.) Torque is always being contributed in at least a part from the internal combustion engine.
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 9 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim 9 is 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 9 recites the limitation "the control of the internal combustion engine " in line 1. There is insufficient antecedent basis for this limitation in the claim. (The two instances of control mentioned in claim 1 are of the first electric motor and the second electric traction motor.) For purposes of examination, this is assumed to be “control of the internal combustion engine”.
Claim 10 is 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 10 recites the limitation "the control of the internal combustion engine " in line 1. There is insufficient antecedent basis for this limitation in the claim. (The two instances of control mentioned in claim 5 are of the first electric motor and the second electric traction motor.) For purposes of examination, this is assumed to be “control of the internal combustion engine”.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 17 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does not fall within at least one of the four categories of patent eligible subject matter because the claim is for software.
Allowable Subject Matter
Claims 1-8, 11-16 are allowed.
Claims 9 and 10 would be allowable were the 112b rejection addressed and removed.
Claim 17 would be allowable were the 101 rejection addressed and removed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANYA CHRISTINE SIENKO whose telephone number is (571)272-5816. The examiner can normally be reached Mon - Fri 8:00-5:00.
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, Kito Robinson can be reached at 571-270-3912. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TANYA C SIENKO/Examiner, Art Unit 3664 /KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664
Prosecution Insights