Prosecution Insights
Last updated: April 19, 2026
Application No. 18/031,636

MEANS OF TRANSPORT THAT CAN BE SIMULTANEOUSLY DRIVEN ELECTROMOTIVELY AND BY HUMAN MUSCULAR POWER

Non-Final OA §112
Filed
Nov 13, 2023
Examiner
HURLEY, KEVIN
Art Unit
3611
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Killwatt GmbH
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
97%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
969 granted / 1126 resolved
+34.1% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
19 currently pending
Career history
1145
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
16.5%
-23.5% vs TC avg
§102
51.4%
+11.4% vs TC avg
§112
28.4%
-11.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1126 resolved cases

Office Action

§112
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 “torque sensor” and “rotation angle sensor” in claim 29, the “double- or triple-track vehicle”, and the “electrical energy storage device, in particular arranged in the top tube and/or down tube” 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 16-20 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. Regarding claim 1 line 15, and claim 28 lines 2-3, the term "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Regarding claim 28, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claim 28 recites a narrow range “not more than 60 mm”, “not more than 70 mm”, “not more than 80 mm” within a broader range “not more than 100 mm”. Since it is not clear if the narrow range is a limitation, the boundaries of the claim are not discernible. Claim 19 line 4 recites the limitation "the electronics bearing plane". There is insufficient antecedent basis for this limitation in the claim. Allowable Subject Matter Claims 16-30 would be allowable if rewritten or amended 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. The following is a statement of reasons for the indication of allowable subject matter: The closest prior art, Doerndorfer US 10,343,746 discloses a means of transport, that can be simultaneously driven electromotively and by human muscular power, with a drive unit, said drive unit comprising an input shaft 12 for transmitting drive energy generated from human muscular power; an output shaft 29 for delivering drive energy to a travel unit; a harmonic drive transmission arranged around a rotation axis and having a wave generator 27, a flexspline 26, and a ring gear 28; an electric drive motor arranged around the rotation axis and having a stator 22 and a rotor 20, wherein drive energy of the electric drive motor can be transmitted to the output shaft via the harmonic drive transmission, wherein the flexspline is configured as a sleeve extending in the direction of the rotation axis, which is connected on one axial side to a rotary bearing 48 and toward the other axial side has an engagement region for the wave generator, wherein a sleeve cavity is provided between the rotary bearing and the wave generator, as seen in the direction of the rotation axis (shown in Fig. 4). The prior art fails to disclose or suggest the electric drive motor being arranged in an axial direction of the rotation axis at least partially in the sleeve cavity of the flexspline of the harmonic drive transmission. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Hurley whose telephone number is (571)272-6646. The examiner can normally be reached Monday-Thursday 9 am-5:30 pm Kevin.Hurley@USPTO.GOV. 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, Valentin Neacsu can be reached at 571-272-6265. 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. /KEVIN HURLEY/ Primary Examiner Art Unit 3611 January 15, 2026
Read full office action

Prosecution Timeline

Nov 13, 2023
Application Filed
Jan 15, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
97%
With Interview (+11.2%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 1126 resolved cases by this examiner. Grant probability derived from career allow rate.

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