Ex Parte GittDownload PDFPatent Trials and Appeals BoardMay 20, 201311478452 - (D) (P.T.A.B. May. 20, 2013) Copy Citation 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 Copy with citationCopy as parenthetical citation