Prosecution Insights
Last updated: April 19, 2026
Application No. 18/237,236

VEHICLE WITH E-AXLE

Non-Final OA §102
Filed
Aug 23, 2023
Examiner
TO, TOAN C
Art Unit
3614
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Oshkosh Corporation
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
2y 2m
To Grant
88%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allow Rate
903 granted / 986 resolved
+39.6% vs TC avg
Minimal -4% lift
Without
With
+-3.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
12 currently pending
Career history
998
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
16.3%
-23.7% vs TC avg
§102
52.2%
+12.2% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 986 resolved cases

Office Action

§102
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 . 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. Claims 1, and 8-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barillot (U.S. 12,179,571). Barillot discloses a vehicle comprising: a chassis (vehicle chassis); and an electric axle assembly (61, 62) coupled to the chassis, the electric axle assembly (61, 62) comprising: a first electric motor (EM1); a second electric motor (EM2); a drive differential (G12) configured to combine a first input torque from the first electric motor (EM1) and a second input torque from the second electric motor (EM2) and to drive an output shaft (44) using the combined torque; and a first axle (61) coupled to a first tractive element (W1) configured to be driven by the output shaft (44) to propel the vehicle; wherein the first electric motor (EM1) and the second electric motor (EM2) are separately mounted to the chassis; wherein the drive differential (G12) is configured to receive the first input torque at a first motor speed and the second input torque at a second motor speed different than the first motor speed (see col. 5); wherein the electric axle assembly further comprises a motor housing fixedly coupled to the first axle, wherein the first electric motor and the second electric motor are each coupled to the motor housing (see fig. 12); wherein the first axle (61) is a beam axle; wherein a rotation axis of the first electric motor (EM1) is substantially perpendicular to a longitudinal axis of the first axle and substantially parallel to a longitudinal axis of the output shaft (44). Allowable Subject Matter Claims 2-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 13-16 and 17-20 are allowed. The following is an examiner’s statement of reasons for allowance: Regarding claims 2-7, the closest prior art as to Barillot (U.S. 12,179,571) discloses every element of the invention as discussed above except that second tractive element positioned on an opposite side of the electric axle assembly from the first tractive element; and an axle differential coupled to and configured to be driven by the output shaft, the axle differential coupled to and configured to drive the first tractive element and the second tractive element. Regarding claims 13-16, the closest prior art as to Barillot (U.S. 12,179,571) fails to disclose a method of shifting gears in a vehicle having a first electric traction motor and a second electric traction motor, the method comprising: simultaneously operating the first electric traction motor and operating the second electric traction motor; simultaneously operating the first electric traction motor to stop supplying power and operating the second electric traction motor to supply a third amount of power, the third amount of power being higher than the second amount of power; while the first electric traction motor is not supplying power, shifting the first gear assembly from a first gear configuration to a second gear configuration; simultaneously operating the second electric traction motor to stop supplying power and operating the first electric traction motor to supply a fourth amount of power, the fourth amount of power being greater than the first amount of power; and while the second electric traction motor is not supplying power, shifting the second gear assembly from a third gear configuration to a fourth gear configuration. Regarding claims 17-20, the closest prior art as to Barillot (U.S. 12,179,571) fails to disclose a vehicle comprising: an electric axle assembly comprising: an axle, a first electric motor configured to drive a first output gear; a second electric motor configured to drive a second output gear; a drive differential comprising a spider gear configured to be driven by the first output gear and the second output gear, the spider gear coupled to and configured to drive a ring gear using a combined output torque from the first output gear and the second output gear; and an axle differential configured to receive the combined output torque from the ring gear and to divide the combined output torque to drive the first tractive element and the second tractive element. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOAN C TO whose telephone number is (571)272-6677. The examiner can normally be reached 8-5, Monday-Friday. 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 D 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. /TOAN C TO/Primary Examiner, Art Unit 3614 December 26, 2025
Read full office action

Prosecution Timeline

Aug 23, 2023
Application Filed
Dec 26, 2025
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600189
CONTROL SYSTEM AND METHOD FOR VEHICLE SUSPENSION
2y 5m to grant Granted Apr 14, 2026
Patent 12589624
PITCH AND ROLL CONTROL SYSTEM FOR A VEHICLE
2y 5m to grant Granted Mar 31, 2026
Patent 12589625
VEHICLE CONTROL DEVICE
2y 5m to grant Granted Mar 31, 2026
Patent 12583279
CONTROL VALVE DEVICE FOR CONTROLLING DAMPING CHARACTERISTICS, AND HYDRAULIC FLOW-THROUGH SOLENOID VALVE
2y 5m to grant Granted Mar 24, 2026
Patent 12583277
DAMPER CONTROL
2y 5m to grant Granted Mar 24, 2026
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
92%
Grant Probability
88%
With Interview (-3.8%)
2y 2m
Median Time to Grant
Low
PTA Risk
Based on 986 resolved cases by this examiner. Grant probability derived from career allow rate.

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