Prosecution Insights
Last updated: April 19, 2026
Application No. 18/351,493

HYBRID ELECTRIC VEHICLE

Final Rejection §102
Filed
Jul 13, 2023
Examiner
PHAM, CLINT V
Art Unit
3663
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
2 (Final)
45%
Grant Probability
Moderate
3-4
OA Rounds
3y 2m
To Grant
82%
With Interview

Examiner Intelligence

Grants 45% of resolved cases
45%
Career Allow Rate
29 granted / 64 resolved
-6.7% vs TC avg
Strong +37% interview lift
Without
With
+36.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
31 currently pending
Career history
95
Total Applications
across all art units

Statute-Specific Performance

§101
13.5%
-26.5% vs TC avg
§103
45.5%
+5.5% vs TC avg
§102
26.4%
-13.6% vs TC avg
§112
12.3%
-27.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 64 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 Status Claims 1 and 3-6 have been amended. Claims 1-6 are pending Response to Arguments Applicant’s arguments, see pages 7-8, filed 07/28/2025, with respect to claims 1-6 interpretations under 35 USC 112(f) has been fully considered and is persuasive. The 35 USC 112(f) interpretation of claims 1-6 has been withdrawn. Applicant’s argument with respect to claims 1-6 rejections under 35 USC 112(b) have been fully considered and are persuasive. The 35 USC 112(b) rejections of claims 1-6 have been withdrawn. Applicant's arguments with respect to claims 1-6 rejections under 35 USC 102(a)(1) have been fully considered but they are not persuasive. Applicant’s arguments pertain to newly amended limitations not addressed in the prior Office Action of record. Applicant argues that Dudar (20170082038; already of record) fails to disclose the newly amended limitations that pertain to determinations made based on intake negative pressure at the fuel vapor passage to either proceed with fuel vapor-based starting (first process), or suppress vapor injection entirely and switch to liquid fuel starting (second process). Additionally, these processes are carried out as a result of if the intake negative pressure is lower than the required negative pressure or if the intake negative pressure is higher than the required negative pressure, respectively. However, the Examiner respectfully disagrees. Dudar discloses: “A fuel tank pressure sensor (FTPT) 191 may be physically coupled to the fuel tank 120 for measuring and/or estimating the pressure in the fuel tank 120 ... the fuel tank pressure may increase for increases in one or more of an amount of fuel vapors 107 in the fuel tank 120, and/or an amount of fuel in the tank 120” ¶ 44 “the amount of fuel vapors in the fuel tank may be determined from one or more of the pressure in the tank, a rate of change of pressure in the tank, a fuel level in the tank, a temperature of the tank, and/or an indication of a concentration of fuel vapors in the tank” ¶ 52, “if it desired by the vehicle operator to start the engine before the fuel vapor levels in the fuel tank have reached the threshold at 438, then the method 400 may proceed from 438 to 440 and crank the engine even if the fuel vapor levels in the fuel tank are less than the threshold” ¶ 111 “fuel vapor flow rates may increase with increasing intake manifold vacuum levels, and/or increasing fuel vapor levels in the fuel tank and canister. Further, the fuel vapor flow rates may increase with increasing deflection of one or more of the CPV and FTIV towards an open position away from a closed position. Thus, as the opening formed by the CPV increases, fuel vapor flow rates to the intake manifold may increase. Further, while the CPV is open, fuel vapor flow rates to the intake manifold may increase as an opening formed by the FTIV increase” ¶ 115 “If the fuel vapor level in the fuel tank exceeds the threshold at 438, during and/or before engine cranking at 440, then after opening the CPV at 444, the fuel vapor flow rate to the intake manifold may be high enough to provide an adequate amount of fuel vapors for initiating cylinder combustion” ¶ 119 “prior to the engine speed reaching the threshold and the CPV opening, liquid fuel may be injected. Specifically liquid fuel in the amount of the desired starting amount of fuel may be injected to the engine cylinders” ¶ 125 Wherein it can be seen that Dudar does disclose of pressure determination and specific responses in regards to the pressure being lower or higher than the required pressure. It can be seen that if there is sufficient fuel vapor pressure to allow for flow from the fuel tank to the fuel vapor passage, then vapor can be routed to the fuel vapor passage for engine combustion, as seen in paragraph 119. However, if pressure is not at the required threshold, then fuel can be injected instead of the vapor, as seen in paragraph 125. Additionally, Applicant’s specification describes the intake negative pressure being below the required negative pressure is what allows the fuel vapor to flow through the fuel vapor passage, this is disclosed in Dudar as having sufficient fuel vapor pressure in the fuel tank or sufficient negative pressure in the intake manifold is required to allow flow of the fuel vapors. A detailed rejection follows below. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dudar (20170082038; already of record). Regarding claim 1, Dudar teaches a hybrid electric vehicle (Dudar: “the vehicle system 6 may be referred to as a hybrid electric vehicle (HEV)” ¶ 19), comprising: an internal combustion engine as a drive source (Dudar: “Vehicle system 6 includes a fuel burning engine 10 ... engine 10 comprises an internal combustion engine” ¶ 19), the internal combustion engine including: an engine main body including a combustion chamber (Dudar: “FIG. 2B illustrates one cylinder or combustion chamber of the engine system 100” ¶ 63); a fuel injector configured to supply liquid fuel to the combustion chamber (Dudar: “Fuel injector 166 delivers liquid fuel” ¶ 65); an ignition plug configured to ignite the liquid fuel for combustion in the combustion chamber (Dudar: “Distributorless ignition system 290 provides an ignition spark to cylinder 130 via spark plug 292” ¶ 69); an intake passage that is connected to the combustion chamber and is configured to deliver an intake gas to the combustion chamber (Dudar: “The engine 110 includes an engine intake 123 ... an intake passage 142” ¶ 37); and a throttle valve that is provided in the intake passage and is configured to adjust an intake gas flow rate that is a flow rate of the intake gas (Dudar: “The engine intake 123 includes a throttle 162 fluidly coupled to the engine intake manifold 144 via an intake passage 142” ¶ 37); a fuel vapor passage that connects a fuel tank to a section of the intake passage between the throttle valve and the combustion chamber, the fuel vapor passage being configured to deliver fuel vapor generated in the fuel tank to the intake passage together with air (Dudar: “Fuel vapors stored in the canister 122 ... purged to engine intake system 123” ¶ 50, “the engine start may purge fuel vapors from one or more of the fuel tank 120 and canister 122 to the intake manifold 144. By routing fuel vapors to the intake manifold 144” ¶ 54); a fuel vapor adjusting valve (Dudar: “Fuel vapors stored in the canister 122, may be vented to atmosphere, or purged to engine intake system 123 via canister purge valve (CPV) 161” ¶ 50) that is provided in the fuel vapor passage and is configured to adjust an opening degree of the fuel vapor passage (Dudar: “where in response to the fuel vapor levels in the fuel tank 120 reaching a threshold, the controller 112 may send signals to the CVV 129, FTIV 152, and CPV 161 to open. Opening the CVV 129, FTIV 152, and CPV 161 during the engine start may purge fuel vapors from one or more of the fuel tank 120 and canister 122 to the intake manifold 144” ¶ 54); a motor-generator that is capable of performing a motor-driven actuation, in which the motor-generator rotates a crankshaft of the internal combustion engine without injecting the liquid fuel from the fuel injector(Dudar: “a starter, which in some examples may be motor 20, to crank the engine 10 during an engine start” ¶ 27, “fuel may not be injected to the engine cylinders at 440 during engine cranking” ¶ 119); and a controller that is configured to control starting of the internal combustion engine by controlling the ignition plug, the throttle valve, the fuel vapor adjusting valve, and the motor-generator (Dudar: “the engine system 100 may be controlled by a controller 112” ¶ 36, see also ¶ 37), wherein the controller is configured to execute an intake gas flow rate adjusting process that controls an opening degree of the throttle valve to an open state (Dudar: “The engine intake 123 includes a throttle 162 fluidly coupled to the engine intake manifold 144 via an intake passage 142. The throttle 162 may be in electrical communication with a controller 112, and as such may be an electronically controlled throttle” ¶ 37), execute a motor-driven actuation process that controls the motor-generator to perform motor-driven actuation of the internal combustion engine (Dudar: “a starter, which in some examples may be motor 20, to crank the engine 10 during an engine start” ¶ 27”), execute a negative pressure determination process to determine (Dudar: “A fuel tank pressure sensor (FTPT) 191 may be physically coupled to the fuel tank 120 for measuring and/or estimating the pressure in the fuel tank 120” ¶ 44), after a predetermined period has elapsed from a start of the motor-driven actuation process, whether an intake negative pressure at the fuel vapor passage is lower than a required negative pressure that allows gas to be supplied from the fuel vapor passage (Dudar: “the fuel tank pressure may increase for increases in one or more of an amount of fuel vapors 107 in the fuel tank 120, and/or an amount of fuel in the tank 120” ¶ 44, “the amount of fuel vapors in the fuel tank may be determined from one or more of the pressure in the tank, a rate of change of pressure in the tank, a fuel level in the tank, a temperature of the tank, and/or an indication of a concentration of fuel vapors in the tank” ¶ 52, see also ¶ 109), in response to the negative pressure determination process determining that the intake negative pressure is lower than the required negative pressure (Dudar: “in response to the fuel vapor levels reaching the threshold, or input from a vehicle operator to start the engine, method 400 may continue from 438 to 440 and the starter motor may crank the engine” ¶ 112, see also ¶ 113), execute a fuel vapor adjusting process that adjusts an opening degree of the fuel vapor adjusting valve during the motor-driven actuation process, to allow the fuel vapor to flow through the fuel vapor passage (Dudar: “Powering on the fuel pump prior to the engine start may cause fuel vapors to be generated in the fuel tank. Fuel vapors stored in the fuel tank and/or a fuel vapor canister may then be purged to the intake manifold during an engine start” ¶ 17, “fuel vapor flow rates may increase with increasing intake manifold vacuum levels, and/or increasing fuel vapor levels in the fuel tank and canister. Further, the fuel vapor flow rates may increase with increasing deflection of one or more of the CPV and FTIV towards an open position away from a closed position. Thus, as the opening formed by the CPV increases, fuel vapor flow rates to the intake manifold may increase. Further, while the CPV is open, fuel vapor flow rates to the intake manifold may increase as an opening formed by the FTIV increase” ¶ 115, see also ¶ 119), and execute a first starting process that starts the internal combustion engine by controlling the ignition plug to perform ignition during the motor-driven actuation process (Dudar: “Distributorless ignition system 290 provides an ignition spark to cylinder 130 via spark plug 292 in response to controller 112” ¶ 69, see also ¶ 112, 118, 119), in response to the negative pressure determination process determining that the intake negative pressure is greater than or equal to the required negative pressure (Dudar: “if it desired by the vehicle operator to start the engine before the fuel vapor levels in the fuel tank have reached the threshold at 438, then the method 400 may proceed from 438 to 440 and crank the engine even if the fuel vapor levels in the fuel tank are less than the threshold” ¶ 111), execute a second starting process that starts the internal combustion engine by driving the fuel injector to supply the liquid fuel to the combustion chamber and controlling the ignition plug to perform ignition, without executing the fuel vapor adjusting process during the motor-driven actuation process or the first starting process (Dudar: “the method at 400 may additionally comprise injecting a desired starting amount of fuel into one or more of the engine cylinders to initiate cylinder combustion during the engine cranking Thus, fuel may be injected to the one or more engine cylinders while the engine is cranked by the starter motor, to initiate cylinder combustion” ¶ 112, “prior to the engine speed reaching the threshold and the CPV opening, liquid fuel may be injected. Specifically liquid fuel in the amount of the desired starting amount of fuel may be injected to the engine cylinders” ¶ 125). Regarding claim 2, Dudar teaches the hybrid electric vehicle according to claim 1, wherein the fuel vapor adjusting process includes adjusting the opening degree of the fuel vapor adjusting valve such that a mass of the fuel vapor supplied to the intake passage per unit time approaches a requested amount, the requested amount being a mass of fuel requested per unit time to start the internal combustion engine (Dudar: “during an engine start, the controller 112 may open the CPV 161 and/or FTIV 152, and purge fuel vapors from one or more of the fuel tank 120 and canister 122 to the intake manifold 144. The fuel vapor flow rate may be a mass flow rate of hydrocarbons from one or more of the fuel tank 120 and canister 122 to the intake manifold 144. Therefore, the fuel injection amount may be adjusted based on a mass flow rate of hydrocarbons from the fuel tank 120 and canister 122” ¶ 74, see also ¶ 119), and the intake gas flow rate adjusting process includes adjusting the opening degree of the throttle valve such that a value obtained by dividing a mass of air supplied to the combustion chamber by the requested amount becomes a target air-fuel ratio (Dudar: “CVV 129 may be opened in addition to opening the CPV 161 to increase fuel vapor desorption from the canister 122. In such examples where the CVV 129 is opened, the estimated fuel vapor flow rate may be affected by the ambient air drawn into the EVAP system 151 through the CVV 129. Specifically, the concentration of hydrocarbons in the gasses flowing to the intake manifold 144 may be diluted by the ambient air drawn in though the CVV 129. Thus, the estimated fuel vapor flow rate may be adjusted based on a position of the CVV 129 to compensate for the dilution effects of the added ambient airflow” ¶ 75). Regarding claim 3, Dudar teaches the hybrid electric vehicle according to claim 2, wherein a mass of the fuel vapor per unit time supplied to the intake passage when the opening degree of the fuel vapor adjusting valve is fully opened is defined as a maximum supply amount (Dudar: Fig. 5 Elements 514, 516, 518, “Fuel vapor flow to the intake manifold may be initiated by opening of the CPV. The position of the CPV may be adjusted by the controller between an open and a closed position as shown at plot 518 ... an opening formed by the CPV may increase with increasing deflection of the CPV away from the closed position towards the open position. Flow through the CPV also may be regulated by turning the CPV fully on and fully off at a duty cycle related to a desired vapor flow rate” ¶ 142), and the controller is configured to execute an additional injection process in addition to the fuel vapor adjusting process when the maximum supply amount is smaller than the requested amount, the additional injection process supplying the fuel to the combustion chamber by driving the fuel injector (Dudar: “if the amount of fuel vapors delivered to the intake manifold by the fuel tank and/or canister is not sufficient to initiate cylinder combustion, then liquid fuel may be provided during engine cranking” ¶ 120, see also ¶ 124, 125). Regarding claim 4, Dudar teaches the hybrid electric vehicle according to claim 3, wherein the additional injection process includes supplying an amount obtained by subtracting the maximum supply amount from the requested amount from the fuel injector per unit time (Dudar: “the controller may actively update estimates of the fuel vapor flow rate during an engine start and after cylinder combustion has been initiated. Based on the estimated fuel vapor flow rate, the controller may adjust an amount of fuel injected to one or more of the engine cylinder via fuel injectors (e.g., fuel injector 166 shown in FIGS. 2A-2B)” ¶ 121, “If the fuel vapors from the fuel tank and canister are not sufficient to achieve the desired starting amount of fuel, then liquid fuel may be injected via the injectors, so that the total fuel amount provided to the engine cylinders approximately matches the desired starting amount” ¶ 124, see also ¶ 125, 126). Regarding claim 5, Dudar teaches the hybrid electric vehicle according to claim 3, wherein a minimum fuel injection amount per combustion cycle that can be supplied by the fuel injector is defined as a minimum injection amount (Dudar: “the amount of fuel injected to the engine cylinders may be adjusted based on the fuel vapor flow rate so that the total amount of fuel (both fuel vapors and liquid fuel) provided to the engine cylinders is approximately the desired starting amount. Thus, the amount of fuel injected to the engine cylinders may be inversely proportional to the fuel vapor flow rate, where the amount of liquid fuel injected decreases for increases in the fuel vapor flow rate” ¶ 125), and when a value obtained by adding an amount that can be supplied per unit time at the minimum injection amount to the maximum supply amount exceeds the requested amount (Dudar: “then liquid fuel may be injected via the injectors, so that the total fuel amount provided to the engine cylinders approximately matches the desired starting amount” ¶ 124), the additional injection process includes supplying the fuel to the combustion chamber at the minimum injection amount (Dudar: “the amount of fuel injected to the engine cylinders may be inversely proportional to the fuel vapor flow rate, where the amount of liquid fuel injected decreases for increases in the fuel vapor flow rate” ¶ 125), and the fuel vapor adjusting process includes adjusting the opening degree of the throttle valve such that a mass of the fuel vapor supplied to the intake passage per unit time becomes a value obtained by subtracting an amount that can be supplied per unit time at the minimum injection amount from the requested amount (Dudar: “Once the CPV is open so that fuel vapors are flowing to the intake manifold, method 400 may continue from 444 to 446 which comprises adjusting the fuel injection amount and/or spark retard based on the fuel vapor flow rate. Thus, the controller may actively update estimates of the fuel vapor flow rate during an engine start ... Based on the estimated fuel vapor flow rate, the controller may adjust an amount of fuel injected to one or more of the engine cylinder via fuel injectors” ¶ 121). Regarding claim 6, Dudar teaches the hybrid electric vehicle according to claim 1, wherein the controller is configured to further execute a cold state determining process that determines whether the internal combustion engine is in a cold state in which a temperature of the internal combustion engine is less than or equal to a specified temperature determined in advance (Dudar: “Responsive to an indication that an engine start is imminent, the controller may determine if cold start conditions exist” ¶ 16, “Cold start conditions may be determined based on one or more of: time since a most recent key-off event, ambient temperature, engine system temperature, fuel temperature, and engine oil temperature” ¶ 91), the controller is configured to execute the motor-driven actuation process, the fuel vapor adjusting process during the motor-driven actuation process, and the first starting process in response to the cold state determining process determining that the internal combustion engine is in the cold state (Dudar: Fig. 4, “method 400 may be executed during an engine cold start to generate fuel vapors in the fuel tank prior to the engine start. During a cold start, fuel vapors generated in the fuel tank may be routed to the intake manifold for combustion. Method 400 may continue from 312 in FIG. 3, if it is determined at 312 that cold start conditions are present prior to an engine start” ¶ 100), and the controller is configured to execute the second starting process in response to the cold state determining processing determining that the internal combustion engine is not in the cold state (Dudar: Fig. 3 Elements 312, 314, 316, “316, which comprises cranking the engine with the starter motor and injecting a desired starting amount of fuel to the engine cylinders to initiate cylinder combustion” ¶ 93). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Stanek et al. (20140297161) is in the similar field of endeavor as the claimed invention of vehicle vapor systems. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLINT V PHAM whose telephone number is (571)272-4543. The examiner can normally be reached M-F 8-5. 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, Abby Flynn can be reached at 571-272-9855. 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. /C.P./ Examiner, Art Unit 3663 /ABBY J FLYNN/ Supervisory Patent Examiner, Art Unit 3663
Read full office action

Prosecution Timeline

Jul 13, 2023
Application Filed
May 19, 2025
Non-Final Rejection — §102
Jul 28, 2025
Response Filed
Oct 20, 2025
Final Rejection — §102 (current)

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Prosecution Projections

3-4
Expected OA Rounds
45%
Grant Probability
82%
With Interview (+36.9%)
3y 2m
Median Time to Grant
Moderate
PTA Risk
Based on 64 resolved cases by this examiner. Grant probability derived from career allow rate.

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