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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore,
“the engagement drive source (69) arranged at a position…that overlaps with the target rotating electric machine when viewed in the radial direction,” claim 1; and
“an inverter unit (9) arranged at a position that…overlaps with the target rotating electric machine when viewed in the radial direction,” claim 2.
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-6 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 the limitation “an axis” in line 11. It is unclear if this is one of the first or second axis (J1) that are recited in lines 3-4 of the same claim, or if this is an additional axis. For the purposes of examining, the Examiner will assume that this limitation is referring to one of the previously claimed first of second axis (J1).
Claims 5 and 6 recite the limitation “configured in such a way as to drive”, in line 13 of each claim. It is suggested to remove the phrase “in such as way” and only state –configured to--.
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 (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 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 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over YAMAGUCHI et al. (WO 2019/194078 A1).
Regarding claim 1, as best understood by the Examiner, YAMAGUCHI discloses a hybrid drive device comprising: an input member (12A) to be drive-connected to an internal combustion engine (2); a first rotating electric machine (4) arranged on a first axis (J2); a second rotating electric machine (1) arranged on a second axis (J1) parallel to and different from the first axis (J2); an output member (50) to be drive-connected to a wheel; and a power transmission mechanism that transmits drive force among the first rotating electric machine (4), the input member (12A), the second rotating electric machine (1), and the output member (50), wherein one of the first rotating electric machine (4) and the second rotating electric machine (1) is defined as a target rotating electric machine, one of the first axis and the second axis on which the target rotating electric machine is arranged is defined as a target axis, a direction parallel to the target axis is defined as an axial direction, and a direction perpendicular to the target axis is defined as a radial direction, the power transmission mechanism is arranged on a first axial side being one side in the axial direction with respect to the target rotating electric machine, the power transmission mechanism includes a meshing type engagement device (6), the engagement device includes: an engagement member (61) that is arranged on the first axial side of the target rotating electric machine, and moves in the axial direction and thereby switches a state of engagement of the engagement member (61) with a rotating member constituting the power transmission mechanism; and an engagement drive mechanism that drives the engagement member (61), the engagement drive mechanism includes an engagement drive source (69) and an engagement power transmission mechanism that transmits drive force of the engagement drive source (69) to the engagement member (61), and the engagement power transmission mechanism includes a transmission member (66B) extending along the axial direction, and is configured to drive-connect the engagement drive source (69) and the engagement member (61) to each other via the transmission member (66B).
YAMAGUCHI does not disclose the engagement drive source is arranged at a position that is on an outer side of the target rotating electric machine in the radial direction and the engagement drive source overlaps with the target rotating electric machine when viewed in the radial direction.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention the modify the hybrid drive device of YAMAGUCHI such that the engagement drive source would be arranged at a position that is on an outer side of the target rotating electric machine in the radial direction and the engagement drive source overlaps with the target rotating electric machine when viewed in the radial direction to allow for a different gear ratio as it related to the gear ratio between gears 22 and 23. As the primary function of many transmissions is to alter the input speed/ torque to a desired output speed/ torque, the changing of the ratios of the gears to achieve the desired result is a well-known and obvious solution. It is also well known and obvious to place other components of the transmission in locations that would not interfere with the gearing arrangements. It has been held that rearranging parts of an invention involves only routine skill in the art.
Regarding claim 5, as best understood by the Examiner, YAMAGUCHI discloses the engagement power transmission mechanism further includes a connection member (65) and a speed reduction mechanism (68), the connection member being engaged with the engagement member (61) in a state where the connection member (65) is rotatable relative to the engagement member (61) while being restricted from moving relative to the engagement member (61) in the axial direction, the speed reduction mechanism decelerating drive rotation generated by the engagement drive source (69) and transmitting the decelerated drive rotation to the transmission member (66B), the transmission member (66B) is coupled to the connection member (65) to move integrally with the connection member in the axial direction, the speed reduction mechanism includes a rack gear (67a) and a pinion (67b), the rack gear being formed integrally with the transmission member (66B) and extending along the axial direction, the pinion meshing with the rack gear, and the engagement drive source (69) is configured to drive and rotate the pinion.
Claim(s) 2-4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over YAMAGUCHI et al. (WO 2019/194078 A1) in view of SADA et al. (US 7,786,640).
Regarding claim 2, as best understood by the Examiner, YAMAGUCHI discloses an inverter unit (9); and a case (8) that accommodates the input member (12A), the first rotating electric machine (4), the second rotating electric machine (1), and the power transmission mechanism, wherein the case (8) includes a peripheral wall portion, the peripheral wall portion surrounding the target rotating electric machine from an outer side in the radial direction, a direction circling around the target axis is defined as a circumferential direction, and at least a part of the engagement drive mechanism is attached to an outer surface of the peripheral wall portion, at a position adjacent to the inverter accommodation portion in the circumferential direction (see Fig. 2 and 3).
SADA teaches the inverter unit (12) arranged at a position that is on an outer side (see Fig. 1) of the target rotating electric machine (MG1) in the radial direction and that overlaps with the target rotating electric machine when viewed in the radial direction (see Fig. 5; col. 10, lines 59-61); and an inverter accommodation portion (41, Fig. 1); and the inverter accommodation portion (41) being arranged on an outer side of the peripheral wall portion (5) in the radial direction, the inverter unit (12) being accommodated inside the inverter accommodation portion (41).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention the modify the hybrid drive of YAMAGUCHI such that the inverter unit would be arranged at a position that is on an outer side of the target rotating electric machine in the radial direction and that overlaps with the target rotating electric machine when viewed in the radial direction; and an inverter accommodation portion; and the inverter accommodation portion being arranged on an outer side of the peripheral wall portion in the radial direction, and the inverter unit being accommodated inside the inverter accommodation portion, in view of SADA as this would allow maintenance, inspection, repair, and the like of the inverter unit be performed with improved workability (SADA; col. 12, lines 20-25).
Regarding claims 3 and 4, as best understood by the Examiner, YAMAGUCHI discloses the input member (12A) is arranged on the first axis (J2), the engagement member (61) is arranged on the first axis (J2), and the target rotating electric machine is the first rotating electric machine (4).
YAMAGUCHI does not disclose the power transmission mechanism includes a power distribution planetary gear mechanism arranged on the first axis, the power distribution planetary gear mechanism includes: a first rotating element to be drive-connected to the first rotating electric machine; a second rotating element to be drive-connected to the input member; and a third rotating element to be drive-connected to the output member and the second rotating electric machine
SADA teaches the power transmission mechanism includes a power distribution planetary gear mechanism (PG) arranged on the first axis (A1), the power distribution planetary gear mechanism includes: a first rotating element (S) to be drive-connected to the first rotating electric machine; a second rotating element (ca) to be drive-connected to the input member; and a third rotating element (r) to be drive-connected to the output member and the second rotating electric machine.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the hybrid drive device of YAMAGUCHI such that the power transmission mechanism includes a power distribution planetary gear mechanism arranged on the first axis, the power distribution planetary gear mechanism includes: a first rotating element to be drive-connected to the first rotating electric machine; a second rotating element to be drive-connected to the input member; and a third rotating element to be drive-connected to the output member and the second rotating electric machine, in view of SADA, as the addition of planetary gearing into the hybrid device would allow for a higher torque output from the electric motor, and means to sum the driving force from the electric motor and the engine. See SADA, col. 7, line 65-col. 8, line 7, which sates “[t]his rotation driving force is determined based on the respective rotation driving forces applied from the first rotating electrical machine MG1 and the input shaft I and the gear ratio (the ratio of the number of teeth of the sun gear s to the number of teeth of the ring gear r=[the number of teeth of the sun gear s]/[the number of teeth of the ring gear r]).”
Regarding claim 6, as best understood by the Examiner, the combination of YAMAGUCHI-SADA discloses the engagement power transmission mechanism further includes a connection member and a speed reduction mechanism, the connection member being engaged with the engagement member (61) in a state where the connection member is rotatable relative to the engagement member (61) while being restricted from moving relative to the engagement member (61) in the axial direction, the speed reduction mechanism decelerating drive rotation generated by the engagement drive source (69) and transmitting the decelerated drive rotation to the transmission member, the transmission member (66B)is coupled to the connection member to move integrally with the connection member in the axial direction, the speed reduction mechanism includes a rack gear and a pinion, the rack gear being formed integrally with the transmission member (66B)and extending along the axial direction, the pinion meshing with the rack gear, and the engagement drive source (69) is configured to drive and rotate the pinion.
Response to Arguments
Applicant's arguments filed 7/30/2026 have been fully considered but they are not persuasive. Applicant argues: 1) It is unreasonable … to assert that all rearranging of parts involves only routine skill in the art. The Examiner never makes this assertion. The rejection specifically addresses the rearranging of parts of a transmission to accommodate a change in gear ratio. As the primary function of many transmissions is to alter the input speed/ torque to a desired output speed/ torque, the changing of the ratios of the gears to achieve the desired result is a well-known and obvious solution. It is also well known and obvious to place other components of the transmission in locations that would not interfere with the gearing arrangements. HWANG (US 11,642,956) is being submitted as prior art evidence to show that one of ordinary skill in the art would be able to arrange the engagement drive source (AC) at a position that is on an outer side of the target rotating electric machine in the radial direction and the engagement drive source overlaps with the target rotating electric machine when viewed in the radial direction (Fig. 1).
Applicant argues: 2) “Yamaguchi fails to provide any discussion or suggestion about achieving a different gear ratio or moving the actuator relative to the generator 4.” Examiner does not make this claim. Yamaguchi does disclose a transmission with gear ratios, wherein the gears are arranged in positions where a change in the gear ratio that would require larger diameter gears would result in the necessity to move other components of the transmission to maintain functionality. One of ordinary skill in the art would know to arrange the components in a manor that would allow for the function of the transmission, which Yamaguchi does suggest.
Applicant argues: 3) Examiner’s argument dismisses Applicant’s problems presented and the advantages that can be achieved (which actually appear in Applicant’s specification) as involving only routine skill in the art without any evidence. Examiner disagrees with this statement. There is no dismissing of Applicant’s presented problems and advantages. Examiner provides a well-known reasons as to why one of ordinary skill in the art would rearrange components of a transmission, and HWANG (US 11,642,956) is being submitted as prior art evidence to show that one of ordinary skill in the art would be able to arrange the engagement drive source (AC) at a position that is on an outer side of the target rotating electric machine in the radial direction and the engagement drive source overlaps with the target rotating electric machine when viewed in the radial direction (Fig. 1).
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 DEREK D. KNIGHT whose telephone number is (571)272-7951. The examiner can normally be reached Telework: From 5:30am-1:30pm EST.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DEREK D KNIGHT/Primary Examiner, Art Unit 3655
Prosecution Insights