Prosecution Insights
Last updated: April 19, 2026
Application No. 18/215,766

DRIVE ASSEMBLY

Non-Final OA §102§103§112
Filed
Jun 28, 2023
Examiner
O'NEILL, MATTHEW JAMES
Art Unit
3614
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Consolidated Metco Inc.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
1y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
129 granted / 163 resolved
+27.1% vs TC avg
Strong +24% interview lift
Without
With
+23.8%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
17 currently pending
Career history
180
Total Applications
across all art units

Statute-Specific Performance

§103
53.9%
+13.9% vs TC avg
§102
30.1%
-9.9% vs TC avg
§112
14.6%
-25.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 163 resolved cases

Office Action

§102 §103 §112
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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 9/19/2023, 10/13/2023, 12/18/2023, 10/08/2024, 4/01/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. 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 21 and 22 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 Claim 21 recites the limitation "optionally the liquid coolant comprises at least one of water and glycol”. This renders the claim unclear and indefinite, as it is unclear whether the claim requires the coolant to be one of water or glycol. Claim 22 is rejected by virtue of depending from claim 21. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-14, 16-17, 19, 21-23, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Niemann (US-6328123-B1), henceforth referred to as Niemann. Regarding claim 1, Niemann discloses a drive assembly for a vehicle, the drive assembly comprising: a central hub having an axis of rotation (Figure 2: wheel hub 5 having an axis of rotation), an in-wheel electrical machine comprising a stator and a rotor (Figure 2: electric motor 7 comprises stator 8 and rotor 9), and a rim assembly comprising an inward circumferential part and an outward circumferential part (Figure 2: rims 3 comprise inner wheel assembly 2b and outer wheel assembly 2a), said inward circumferential part and said outward circumferential part being disposed adjacent each other along said axis of rotation (Figure 2: inner and outer rims 3 are disposed adjacent to each other along the axis of rotation), each part comprising a rim section for carrying a respective tyre (Figure 2: each rim 3 carries tires 4), wherein the rim assembly is coupled to the hub (Figure 2: rims 3 are coupled to hub 5), and wherein the in-wheel electrical machine is arranged outwardly of, and coupled to, the hub (Figure 2: motor 7 arranged outwardly and connected to hub 5). Regarding claim 2, Niemann discloses the rim assembly is directly coupled to the central hub (Figure 2: rims 3 are directly coupled to hub 5). Regarding claim 3, Niemann discloses the rim assembly is directly coupled to the central hub inwardly of the electrical machine (Figure 2: rims 3 are directly coupled to hub 5 inward of motor 7). Regarding claim 4, Niemann discloses the rim assembly comprises a substantially planar attachment section for mounting the rim assembly to the central hub (Figure 2: rims 3 comprise substantially planar attachment sections to mount to hub 5). Regarding claim 5, Niemann discloses the rim assembly further comprises: an inward bridge section extending between the attachment section and the rim section of the inward circumferential part the inward bridge section, extending at least partially along a first direction of the rotational axis of the hub (Annotated Figure 2: inward bridge section extends between the attachment section and inner rim section 3, along the rotational axis), and an outward bridge section extending between the attachment section and the rim section of the outward circumferential part, the outward bridge section extending at least partially along a second direction of the rotational axis of the hub (Annotated Figure 2: outward bridge section extends between the attachment section and outer rim section 3, along the rotational axis). PNG media_image1.png 436 559 media_image1.png Greyscale Regarding claim 6, Niemann discloses the inward bridge section is integral with the attachment section (Annotated Figure 2: inward bridge section is integral with attachment section). Regarding claim 7, Niemann discloses the inward bridge section is fixedly connected with the rim section of the inward circumferential part (Annotated Figure 2: inward bridge section is fixedly connected to inner rim section 3). Regarding claim 8, Niemann discloses the outward bridge section is integral with the attachment section (Annotated Figure 2: outward bridge section is integral with attachment section). Regarding claim 9, Niemann discloses the outward bridge section is fixedly connected with the rim section of the outward circumferential part (Annotated Figure 2: outward bridge section is fixedly connected to outer rim section 3). Regarding claim 10, Niemann discloses the inward bridge section is integral with a first, inward, portion of the attachment section (Annotated Figure 2: inward bridge section is integral with attachment section), and the outward bridge section is integral with a second, outward, portion of the attachment section (Annotated Figure 2: outward bridge section is integral with attachment section). Regarding claim 11, Niemann discloses the rim assembly is coupled to the hub by a plurality of fasteners having a pitch circle diameter (Annotated Figure 2: rim assembly 3 is coupled to hub 5 by fasteners disposed in a circle), the pitch circle diameter being greater than a diameter of the in-wheel electrical machine (Annotated Figure 2: diameter of fastener circle is larger than diameter of motor 7). Regarding claim 12, Niemann discloses each fastener is accessible inwardly of the central hub or wherein each fastener is accessible outwardly of the central hub (Annotated Figure 2: fasteners are accessible outwardly of hub 5). Regarding claim 13, Niemann discloses the in-wheel electrical machine is coupled to the hub independently of the rim assembly (Figure 2: electric motor 7 is coupled to hub 5 independently of rim assembly 3). Regarding claim 14, Niemann discloses the in-wheel electrical machine is a direct drive in-wheel electric motor (Figures 2 and 3: motor 7 directly drives pinion shaft 12). Regarding claim 16, Niemann discloses comprising a gearbox (Figure 2: planetary drive 14). Regarding claim 17, Niemann discloses the gearbox is a planetary gearbox (Figure 2: planetary drive 14). Regarding claim 19, Niemann discloses the in-wheel electrical machine is an in-wheel electric motor (Figure 2: electric motor 7), and wherein the planetary gear box is configured to increase a motor speed of the electric motor relative to a wheel speed to increase a maximum torque output of the drive assembly (Figure 2: sun gear 15 is disposed on pinion shaft 12, which drives the planet gears, reducing output speed relative to motor speed, increasing output torque). Regarding claim 21, Niemann discloses the stator is cooled by a liquid coolant, optionally the liquid coolant comprises at least one of water and glycol (Column 3 lines 5-7: "Electrical conductors 24 and cooling water lines 25 are passed through the tubular shaft 23. The cooling water lines 25 serve to cool the clutch pack 26 of stator 8"). Regarding claim 22, Niemann discloses tubing for providing liquid coolant to the stator through a spindle of the drive assembly attached to the central hub and a central bore of the central hub (Column 3 lines 5-7: "Electrical conductors 24 and cooling water lines 25 are passed through the tubular shaft 23. The cooling water lines 25 serve to cool the clutch pack 26 of stator 8"). Regarding claim 23, Niemann discloses electrical wiring routed through a spindle of the drive assembly attached to the central hub and a central bore of the central hub (Figure 3: electrical conductors routed through central bore of hub 5). Regarding claim 25, Niemann discloses a vehicle comprising at least one drive assembly (Claim 1: "An electrical drive for a wheel hub of a motor vehicle, comprising: an electric motor disposed within the wheel hub"). 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 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. Claims 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Niemann in view of Van Der Wal (US20190023118A1), henceforth referred to as Van Der Wal. Regarding claim 15, Niemann does not teach a torque value. Van Der Wal discloses the drive assembly is configured to provide a torque of at least 3,000 Nm (Paragraph [0028]: "In an embodiment the stator, rotor and electronics cooperate to provide a peak torque to the rim in a range of 3,000 Nm to 15,000 Nm"). It would have been obvious for one of ordinary skill in the art to modify the motor of Niemann with the torque output of Van Der Wal in order to propel a vehicle of a desired weight and at a desired speed. Regarding claim 20, Niemann does not teach a torque value. Van Der Wal discloses the drive assembly is configured to provide a torque of at least 5,000 Nm (Paragraph [0028]: "In an embodiment the stator, rotor and electronics cooperate to provide a peak torque to the rim in a range of 3,000 Nm to 15,000 Nm"). It would have been obvious for one of ordinary skill in the art to modify the motor of Niemann with the torque output of Van Der Wal in order to propel a vehicle of a desired weight and at a desired speed. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Niemann in view of Iijima (US4799564A), henceforth referred to as Iijima. Regarding claim 18, Niemann does not teach the planetary gearbox being disposed outward of the motor. Iijima discloses the planetary gearbox is provided outwardly of the in-wheel electrical machine (Figure 1: planetary gearbox 110 disposed outward of motor 103). It would have been obvious to one having ordinary skill in the art at the time the invention was made to substitute the motor and gearbox arrangement of Niemann with the motor and gearbox arrangement of Iijima, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Niemann in view of Langenfeld (US11346439), henceforth referred to as Langenfeld, in further view of Vogler (US-20140152076-A1), henceforth referred to as Vogler. Regarding claim 24, Niemann does not explicitly teach power, ground, position sensors, or temperature sensors. Langenfeld discloses the electrical wiring comprises at least one of: at least one cable for conducting electrical power to and/or from the electrical machine (Column 8 line 16-17: "Pins #1-3 are designated for conducting power for the electric motor 521"), and at least one temperature sensor and/or wiring for at least one temperature sensor, and electrical wires for an electrical machine rotational position sensor, and a grounding wire (Column 8 line 9-15: "Pins labeled “6,” “7,” “8,” “9,” “10” and “11” are connected respectively, via Hall board connector 514 c and respective wiring, to a temperature sensor (“TEMP”), a first Hall Sensor (HALL “A”), a second Hall sensor (“HALL B”), a Hall board ground terminal (“HALL GND”), a third Hall sensor (“HALL C”), and a Hall board power terminal (“+V”), all of Hall board 516"). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the drive assembly of Niemann with the sensors of Langenfeld in order to accurately and safely control the operation of the electric drive assembly. Neither Niemann nor Langenfeld teach a high voltage interlock. Vogler discloses electrical wires for high voltage interlock loop (Paragraph [0051]: "the current cable connections 29 for the direct current, for the CAN and voltage supply (12 volt) and also for the interlock circuit"). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the drive assembly of Niemann and Langenfeld with the interlock of Vogler in order to increase the safety of the high voltage electric drive assembly of Niemann and Langenfeld. Cited Prior Art not Relied Upon The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes Meyers (US-4330045-A), which discloses an in-wheel electric motor and planetary gearbox. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J O'NEILL whose telephone number is (571)272-4752. The examiner can normally be reached Mon - Fri: 7AM-4PM. 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, Jason Shanske can be reached at (571) 270-5985. 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. /MATTHEW JAMES O'NEILL/Examiner, Art Unit 3614 /JASON D SHANSKE/ Supervisory Patent Examiner, Art Unit 3614
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Prosecution Timeline

Jun 28, 2023
Application Filed
Oct 03, 2025
Non-Final Rejection — §102, §103, §112 (current)

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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
79%
Grant Probability
99%
With Interview (+23.8%)
1y 10m
Median Time to Grant
Low
PTA Risk
Based on 163 resolved cases by this examiner. Grant probability derived from career allow rate.

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