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 .
Status of Claims
This is the first action on the merits for application 19/249,133 filed on 06/25/2025. Claims 1-15 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/25/2025 has been considered by the examiner.
Claim Interpretation
The term “upstream” and “downstream” is defined from the specification ¶[0024] as a direction of a torque path from a the first/second power unit(s) to the at least one drive shaft. Accordingly, downstream means that something is provided further down in the aforementioned direction and upstream means that something is provided further up in the aforementioned direction.
Claim Objections
Claim 12 is objected to because of the following informalities:
Claim 12 recites “The powertrain)” in line 1 should read -- The powertrain--to correct error.
Appropriate correction is required.
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 1-15 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 “at least one drive shaft, preferably two half-shafts” in line 9. It is unclear whether one drive shaft may satisfy this feature or if the recitation requires two half-shafts.
Claim 13 recites the limitation "the third planetary gearset" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-12, 14-15 are also rejected due to their dependency from claim 1.
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) 1-4, 6, 8-11, 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over STRÖLIN (DE 102023130930 A1) in view of Braun (US 5447478 A) and further in view of Lee (DE102023104451A1)
Claim 1: STRÖLIN discloses a powertrain for a vehicle (1; Fig.1), comprising:
a first power unit (2),
a first secondary reduction gearset (24, 25),
a second planetary gearset (10), shiftable between at least two gear states (via s1 and s2), comprising a direct gear state with a 1:1 speed ratio (when s2 is engaged) and at least one speed reduction gear state (when s1 is engaged),
at least one drive shaft (13), preferably two half-shafts,
wherein the first secondary reduction gearset (24,25) is drivingly connected to the second planetary gearset (10) downstream from the first secondary reduction gearset (24,25),
wherein the second planetary gearset (10) is drivingly connected to the at least one drive shaft (13) downstream from the second planetary gearset (10),
wherein the at least one drive shaft (13) and the second planetary gearset (10) are coaxially arranged and configured to rotate with respect to a common rotational axis (axial axis where shaft 13 and 10 rotate around/ see annotated Fig.1 below rejection of claim 3).
STRÖLIN does not disclose a first primary reduction gearset, a first planetary gearset, shiftable between at least two gear states, comprising a direct gear state with a 1:1 speed ratio and a speed reduction gear state, wherein the first power unit is drivingly connected to the first primary reduction gearset downstream from the first power unit, wherein the powertrain is configured such that a first geometrical sectional plane which is perpendicular to the common rotational axis extends through the first power unit and the first secondary reduction gearset, wherein the first primary reduction gearset is drivingly connected to the first planetary gearset downstream from the first primary reduction gearset, wherein the first planetary gearset is drivingly connected to the first secondary reduction gearset downstream from the first planetary gearset.
Braun teaches a transmission (Fig.4) having a first planetary gearset (66”) that is part of the splitter section and is shiftable via a clutch (106,108) by engaging clutch 106 to couple sun gear (72”) and carrier (73”) to create a 1:1 direct drive state and speed reduction.
Note: Fig.2 of Braun teaches a transmission having a splitter (Fig.2) similar to a splitter (18, 22, 19, 23, s1, s2) of STROLIN.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the splitter (18, 22, 19, 23, s1, s2) of STRÖLIN with splitter that includes a planetary gearset (66”) and shiftable via clutch (106,108) to create a direct drive state and speed reduction as taught by Braun for the purpose of higher torque capacity in smaller package due to load sharing of planetary gearset arrangement, smoother shifts between two ratios, providing efficient cruising when it is in direct drive mode.
Lee teaches a powertrain (100, Fig.1) having a power unit (102), a first primary reduction gearset (626); wherein the power unit (102) is drivingly connected to the first primary reduction gearset (126) downstream from the first power unit (102) and the powertrain is configured such that a first geometrical sectional plane which is perpendicular to the common rotational axis extends through the power unit (102) and a first secondary reduction gearset (120).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a spur gearset (126) as taught by Lee and rearrange the motor (2) of STRÖLIN such that the powertrain is configured such that a first geometrical sectional plane which is perpendicular to the common rotational axis extends through the power unit and a first secondary reduction gearset as taught by Lee for the purpose of using less expensive motor while still achieving the required torque and also reducing axial length of powertrain by placing the motor and secondary reduction gearset in the same perpendicular plane.
Accordingly, as the modified device of STRÖLIN also discloses the limitation of “wherein the powertrain (1) is configured such that a first geometrical sectional plane (vertical plane that passes through motor 2 and gearset 24,25) which is perpendicular to the common rotational axis extends through the first power unit and the first secondary reduction gearset (24,25), wherein the first primary reduction gearset (626-Lee) is drivingly connected to the first planetary gearset (66” as taught by Braun) downstream from the first primary reduction gearset (626-Lee), wherein the first planetary gearset (66”) is drivingly connected to the first secondary reduction gearset (24,25- STRÖLIN) downstream from the first planetary gearset (66”).
Claim 2: STRÖLIN as modified by Braun and Lee discloses the powertrain according to claim 1, wherein a respective rotational axis of any one of the first power unit (2) and the first planetary gearset is parallel to the common rotational axis (axial axis where shaft 13 and 10 rotate around/see annotated Fig.1 below rejection of claim 3) (as shown in Fig.1 of STRÖLIN rotational axis of 2 is parallel to axial axis where shaft 13 and 10 rotate around).
Claim 3: STRÖLIN as modified by Braun and Lee discloses the powertrain according to claim 1, wherein the first primary reduction gearset (126-as taught by Lee) comprises at least two drivingly connected gearwheels which are arranged in a common first primary gear plane (plane of gearwheel 126) which is perpendicular to the common rotational axis (as shown in annotated Fig.1 of STRÖLIN below), and/or wherein the first secondary reduction gearset (24,25) comprises at least two drivingly connected gearwheels which are arranged in a common first secondary gear plane (see annotated Fig.1 of STRÖLIN below) which is perpendicular to the common rotational axis (see annotated Fig.1 of STRÖLIN below) .
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Claim 4: STRÖLIN as modified by Braun and Lee discloses the powertrain according to claim 3, wherein the first primary reduction gearset (126 as taught by Lee) is configured such that a constant non-shiftable speed reduction is provided from the first power unit (2-STRÖLIN) to the first planetary gearset (66”-Braun),
Claim 6: STRÖLIN as modified by Braun and Lee discloses the powertrain according to claim 1, wherein the first planetary gearset (66”- Braun) comprises a sun gearwheel (72” - Braun), a planet carrier (73” - Braun) carrying a plurality of planet gearwheels (planet gears), and a ring gearwheel (74”-Braun), wherein the first planetary gearset (66” - Braun) is configured to be shiftable between the at least two gear states (via 106,108- Braun) by selectively engaging and disengaging the sun gearwheel (72”- Braun) of the first planetary gearset to a housing (H- Braun).
Claim 8: STRÖLIN as modified by Braun and Lee discloses the powertrain according to claim 1, wherein the power unit (2- STRÖLIN) comprises a stator arrangement (it is inherently contains a stator as part of their fundamental construction of motor), and wherein the powertrain (1- STRÖLIN) is configured such that the first geometrical sectional plane (as modified device of STRÖLIN: vertical plane that pass through stator and gearset 24,25) extends through the stator arrangement and the first secondary reduction gearset.
Claim 9: STRÖLIN as modified by Braun and Lee discloses the powertrain according to claim 1, further comprising a second power unit (604, 642-Lee; Fig.6), a second primary reduction gearset (644), and a second secondary reduction gearset (643), wherein the second power unit (604,642) is drivingly connected to the second primary reduction gearset (644) downstream from the second power unit (604,642), wherein the second primary reduction gearset (644) is drivingly connected to the second secondary reduction gearset (643) downstream from the second primary reduction gearset (644), and wherein the powertrain is configured such that a second geometrical sectional plane (vertical plane that pass through 642 and 643) extends through the second power unit (604,642) and the second secondary reduction gearset (643).
As the modified device of STRÖLIN would disclose wherein the second secondary reduction gearset (643-Lee) is drivingly connected to the second planetary gearset (10- STRÖLIN) downstream from the second secondary reduction gearset (643-Lee)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the first primary reduction gearset and second secondary reduction gearset and rearrange the motor 3 of STRÖLIN such that the powertrain is configured such that a second geometrical sectional plane extends through the second power unit and the second secondary reduction gearset as taught by Lee for the advantage of using less expensive motor while still achieving the required torque and also reducing axial length of powertrain by placing the motor and secondary reduction gearset in the same perpendicular plane.
Claim 10: STRÖLIN as modified by Braun and Lee discloses the powertrain according to claim 9, wherein the second primary reduction gearset (644-Lee) is configured to provide a constant non-shiftable speed reduction, and/or wherein the second secondary reduction gearset (643-Lee) is configured to provide a constant non-shiftable speed reduction.
Claim 11: STRÖLIN as modified by Braun and Lee discloses the powertrain according to claim 9, wherein the second primary reduction gearset (644-Lee) comprises at least two drivingly connected gearwheels (upper gear of 644) which are arranged in a common second primary gear plane (vertical plane of gearset 644) which is perpendicular to the common rotational axis, and/or wherein the second secondary reduction gearset (643-Lee) comprises at least two drivingly connected gearwheels which are arranged in a common second secondary gear plane (vertical plane of gearset 643) which is perpendicular to the common rotational axis.
Claim 14: STRÖLIN as modified by Braun and Lee does not disclose wherein the first secondary reduction gearset and the second secondary reduction gearset are provided in a common gear plane.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to rearrange the second secondary reduction gearset such that they are provided in a common gear plane with the first secondary reduction gearset for advantage of improve package efficiency by reduced axial length. By locating second secondary reduction gearset (643-Lee) to be on the same gear plane with the first secondary reduction gearset (24,25- STRÖLIN), the overall axial dimension is minimized allowing installation in vehicles for other components. Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. See also, In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)
Claim 15: STRÖLIN as modified by Braun and Lee discloses a vehicle (¶0001] of STRÖLIN) comprising a powertrain according to claim 1.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over STRÖLIN (DE 102023130930 A1) in view of Braun (US 5447478 A) and Lee (DE102023104451A1) and further in view of Chopra (US11400807)
Claim 5: STRÖLIN as modified by Braun and Lee discloses The powertrain according to claim 3, wherein the at least two (two gearwheels of 126-Lee) drivingly connected gearwheels of the first primary reduction gearset (126-Lee) comprises a first primary reduction gearset first gearwheel (upper gear of 126-Lee) drivingly connected to a first primary reduction gearset second gearwheel (lower gear of 126-Lee), the first primary reduction gearset second gearwheel (lower gear of 126-Lee) being arranged downstream from the first primary reduction gearset first gearwheel (upper gear of 126).
STRÖLIN as modified by Braun and Lee does not disclose wherein the first planetary gearset is arranged concentric with and at least partly radially inside a radially outer periphery of the first primary reduction gearset second gearwheel.
Chopra teaches an electric axle assembly (see abstract) having a planetary gearset (37,38, 34; Fig.6) is arranged concentric with and at least partly radially inside a radially outer periphery of a first primary reduction gearset (33,35) second gearwheel (35).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to rearrange the planetary gearset from modified device of STRÖLIN to be concentric with and at least partly radially inside a radially outer periphery of the first primary reduction gearset second gearwheel as taught by Chopra for the purpose of reduced axial length, simplified torque path and lower overall transmission weight.
Allowable Subject Matter
Claims 7, 12-13 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.
The following is an examiner’s statement of reasons for allowance:
The prior art of record alone or in combination neither discloses nor renders obvious the powertrain; specifically, “a differential gearset provided downstream the second planetary gearset and upstream from the at least one drive shaft” and in combination with the remaining structure of claim 7.
The closest prior art as discussed above does not have the allowable limitation as indicated above. Secondly, there is no reasons or disclosure from prior art that would led one skills in the art to move the planetary gearset 10, since it requires a bit of a rework and also require work around the diff lock up and the sun of the PG would need to be the input and connected to the housing via the brake which complicates the orientation of everything.
The prior art of record alone or in combination neither discloses nor renders obvious the powertrain; specifically, “wherein the second primary reduction gearset is drivingly connected to the third planetary gearset downstream from the second primary reduction gearset” and in combination with the remaining structure of claim 12.
The prior art of record alone or in combination neither discloses nor renders obvious the powertrain; specifically, “wherein the third planetary gearset is arranged concentric with and at least partly radially inside a radially outer periphery of the second primary reduction gearset second gearwheel.” and in combination with the remaining structure of claim 13.
• The closest prior art as discussed above not have the allowable limitation as indicated above. Secondly, there is no reasons or disclosure from prior art that would led one skills in the art to add another planetary gearset as claimed.
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.”
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
KALTENBACH (US 20150107408 A1) with planetary gearset is concentric with spur gearset.
Kaltenbach (US-20130345010-A1) discloses lockup planetary gearset.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lillian T Nguyen whose telephone number is (571)270-5404. The examiner can normally be reached Monday-Friday, 8:30am-5pm.
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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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/ERNESTO A SUAREZ/Supervisory Patent Examiner, Art Unit 3655
/LILLIAN T NGUYEN/ Examiner, Art Unit 3655A