Ex Parte Gitt

Patent Trial and Appeal Board

May 20, 2013

11478452 (P.T.A.B. May. 20, 2013)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
11/478,452 06/29/2006 Carsten Gitt MB 573 5795
27956 7590 05/20/2013
KLAUS J. BACH
4407 TWIN OAKS DRIVE
MURRYSVILLE, PA 15668
EXAMINER
KNIGHT, DEREK DOUGLAS
ART UNIT PAPER NUMBER
3655
MAIL DATE DELIVERY MODE
05/20/2013 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________________
Ex parte CARSTEN GITT
____________________

Appeal 2011-003426
Application 11/478,452
Technology Center 3600
____________________

Before: MICHAEL C. ASTORINO, JOHN W. MORRISON, and
MICHELLE R. OSINSKI, Administrative Patent Judges.

MORRISON, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2011-003426
Application 11/478,452
2
STATEMENT OF CASE
Appellant appeals under 35 U.S.C. § 134 from the rejection of claims
1-5 and 10-12. We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.

CLAIMED SUBJECT MATTER
The claims are directed to a drive train of a motor vehicle. Spec. 1.
Claim 1, reproduced below, is the sole independent claim:
1. A drive train (1) of a motor vehicle having an engine (5), a
gearbox (10) and driven vehicle wheels (42), the gear box
including[:]
a dual clutch transmission structure (15) having two
parallel gear transmissions (10,20) with a common end shaft
(35),
an auxiliary transmission structure (50) having a single
input shaft (51) connected to, or forming an extension of, the
end shaft of (35) the dual clutch gear transmission structure
(15) and including at least two shift positions with different
transmission ratios and a single shifting mechanism (56) for
shifting the auxiliary transmission between the at least two shift
positions, the auxiliary transmission structure (50) being drive-
connected to the driven vehicle wheels (42) via an output shaft
(13).

REFERENCES
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Pelouch
Steen
US 7,070,534 B2
W0 2004/023003 A1
Jul. 4, 2006
Mar. 18, 2004

Appeal 2011-003426
Application 11/478,452
3

REJECTIONS
The Examiner made the following rejections:
Claims 1-5, 10 and 12 stand rejected under 35 U.S.C. §102(b) as
being anticipated by Pelouch.
Claim 11 stands rejected under 35 U.S.C. §103(a) as being
unpatentable over Pelouch and Steen.

ANALYSIS
Anticipation by Pelouch
Addressing claim 1, the Examiner finds that Pelouch discloses
an auxiliary transmission structure (to the right of
line "x") having a single input shaft (46) connected
to, or forming an extension of, the end shaft (68
via gear train 56) of the dual clutch gear
transmission structure and including at least two
shift positions (first gear and ninth gear) with
different transmission ratios and a single shifting
mechanism (84) for shifting the auxiliary
transmission between the at least two shift
positions, the auxiliary transmission structure
being drive connected to the driven vehicle wheels
via an output shaft (16).
Ans. 4-5, citing Annotated fig. 1; Ans. 6. The Appellant counters that
the auxiliary transmission structure as indicated by
the Examiner himself by the line “x” entered by
the Examiner in Fig. 1 of Pelouch does not have a
single input shaft 46 (46 actually designates a
gear). Rather, in accordance with the Examiner’s
Appeal 2011-003426
Application 11/478,452
4
line “x” Pelouch’s auxiliary transmission structure
has actually three input shafts.
App. Br. 4.
The Examiner tries to clarify his position by arguing
“an auxiliary transmission structure having a single
input shaft connected to, or forming an extension
of, the end shaf[t]”. This limitation is very broad,
and as such Pelouch reads on the claim. The shaft
to which gears (46) and (58) are a part of is
connected to the end shaft (68) via the gear train
(56).
Ans. 7. This argument is inconsistent with the Examiner’s findings
regarding the location of the auxiliary transmission structure, on which the
Examiner’s rejection relies. The gears 46 and 58 are internal to, not inputs
of, the “auxiliary transmission” defined by the Examiner. The “auxiliary
transmission” can accept inputs from countershaft 74 (when clutch 20 is
engaged), countershaft 76 (when clutch 22 is engaged), or converter output
shaft 88 (when the clutch 94 is engaged). Thus, the Examiner’s finding of
an auxiliary transmission structure having a single input shaft is erroneous.
As such, we do not sustain the rejection of claim 1, or dependent claims 2-5,
10 and 12.

Obviousness over Pelouch and Steen.
Addressing claim 11, none of the Examiner’s findings with regard to
Steen remedy the erroneous finding discussed above on which the
Examiner’s conclusion of obviousness is based. As such, we do not sustain
the rejection of claim 11.
Appeal 2011-003426
Application 11/478,452
5

DECISION
For the above reasons, the Examiner’s rejection of claims 1-5 and 10-
12 is reversed.

REVERSED

mls