Appeal 2006-1399
Application 10/666,712
speed range if the rotational speeds of the first and second axle output
shafts are different from each other by a predetermined amount; and
(d) activating the clutch mechanism to couple the first and
second axle output shafts together during a wheel slippage condition
once the rotational speeds of the first and second axle output shafts are
within the common rotational speed range.
The Examiner relies on the following prior art reference to show
unpatentability:
Yasuda 6,115,663 Sep. 5, 2000
The rejections as presented by the Examiner are as follows:
1. Claims 34 and 35 are rejected under 35 U.S.C. § 112, ¶ 1, as failing to
comply with the written description requirement.
2. Claims 15 to 23 and 25 to 35 are rejected under 35 U.S.C. § 102(e) as
being anticipated by Yasuda.
3. Claim 24 is rejected under 35 U.S.C § 103(a) as unpatentable over.
Yasuda.
The Examiner contends that the Appellants’ disclosure does not
disclose a transfer case wherein the second axle output shaft is only coupled
to the first axle during a wheel slippage condition.
The Appellants contend that their Specification discloses that the
coupling of the second axle output shaft to the first axle output shaft occurs
only during a wheel slippage condition.
The Examiner contends that Yasuda discloses each and every element
of claims 15 to 23 and 25 to 35.
The Appellants contend that Yasuda does not disclose a controller that
compares the rotational speeds of the first and second axle output shafts to
each other and generates a control signal to bring the rotational speeds of the
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