Prosecution Insights
Last updated: April 19, 2026
Application No. 18/381,123

APPARATUS FOR VARIABLE REACTION FORCE USING SPRING

Non-Final OA §103§112
Filed
Oct 17, 2023
Examiner
FLUHART, STACEY A
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Kia Corporation
OA Round
3 (Non-Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
2y 3m
To Grant
97%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
681 granted / 824 resolved
+30.6% vs TC avg
Moderate +14% lift
Without
With
+14.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
25 currently pending
Career history
849
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
40.3%
+0.3% vs TC avg
§102
24.6%
-15.4% vs TC avg
§112
33.2%
-6.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 824 resolved cases

Office Action

§103 §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 because the drawings cannot contain text (see 37 CFR 1.437). 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 Claim 2 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 2 recites “wherein, when the motor is driven, motor torque is applied to the reducer coupled to the output end portion, so that a sum of the motor torque, the reaction torque of the spring portion, and an external load torque applied to the reducer is on the reducer, and when the motor is off, a sum of the reaction torque and the load torque is zero.” There is no disclosure that the sum of the torques into the three elements of the planetary gearsets are zero when the motor is on. If this were present, the output would never accelerate or decelerate. In other words, the reactionary forces from the spring and from the external load into the planetary gearsets are equal to the input force from the drive source whenever the system of any planetary gearset is in a steady state. In addition, when the motor is off, if a sum of the reaction torque at the spring and the load torque into the planetary gearset was zero, the brake would never engage. When the brake engages, there is a reaction force at the sun from the brake. Based on these inconsistencies, it is not clear that the specification ever contemplated an arrangement where these conditions were satisfied (that is an arrangement that is only in a steady state but can switch modes without ever accelerating or decelerating) and in fact this is incapable of occurring in a system that switching between states and therefore must accelerate or decelerate between states. It is noted that the claim recites “when the motor is driven” followed by a subsequent recitation. This means that according to the claim, every time the motor is driven the subsequent recitation must be true. Claim Rejections - 35 USC § 103 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, 4, 5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nerstad et al. (US 2008/0153656; hereinafter “Nerstad”) in view of Robinette et al. (US 2012/0234279; hereinafter “Robinette”). Claim 1 Nerstad discloses a spring reaction force variable apparatus comprising: a motor (204) configured to provide a torque; an output shaft of the motor (shaft inputting torque into flywheel 210); a reducer (206; see embodiment of reducer in FIG. 6) disposed at an output end portion (end connected to 210); and a spring portion (310) coupled to the reducer, wherein reaction torque of the spring portion (310) is varied according to driving of the motor (the amount of force of the spring depends on the amount compressed as would be well understood by one skilled in the art). Nerstad does not disclose a clutch unit at flywheel 210 connected to the output shaft of the motor. However, Robinette discloses an input (50 or 20) that receives torque of a drive source (16) and transfers that torque, through a two way clutch (58 or alternatively 50 which axially slides to engage or disengage 22) to a damping planetary gearset (44) in order to selectively add damping to the system which slows down the speed ramp during desired times. This lowers the vibrations transferring to the mounts and overall on the vehicle which would be particularly desired during common auto starts when the passengers do not need a fast ramp up but desired low vibrations and less noticeable feel from the engine starting. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Nerstad to have added a two way clutch between the input drive source and planetary gearset in order to selectively provide torque to or from the drive source from or two the planetary gearset to allow for more control over whether power is transferred. As so modified the clutch unit would be connected to the output shaft of the motor 204 and the reducer would be disposed at an output end portion of the clutch unit. Unless otherwise noted, the references below are to Nerstad. Claim 4 Nerstad as modified discloses wherein the reducer (206) is implemented as a planetary gear set (see FIG. 6), and wherein the planetary gear set includes: a sun gear (306) coupled to the output end portion of the two-way clutch unit (clutch added right before 210 according to rejection of claim 1); a ring gear (302 or 322) fixed to the spring portion (310); a plurality of planetary gears (305) disposed between the sun gear (306) and the ring gear (302) and engaged thereto; and a planet carrier (304) including a first end portion (left end in FIG. 6) connected to the planetary gears and a second end portion (right end in FIG. 6) connected to an external load (314). Claim 5 Nerstad as modified discloses wherein the spring portion includes: a frame (318) which is stationary so as not to rotate; at least one elastic portion including a first end portion (outer portion/upper portion in FIG. 6) fixed to the frame (308); and a ring gear fixing portion coupled to the ring gear (322) and to which a second end portion of the at least one elastic portion is fixed (see annotated FIG. 6 below). PNG media_image1.png 470 484 media_image1.png Greyscale Claim 7 Nerstad as modified discloses wherein the at least one elastic portion includes: a first elastic portion adjacent to the frame; and a second elastic portion adjacent to the ring gear (see annotated FIG. 6). Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nerstad FIG. 6 in view of Robinette and Nerstad FIG. 4b. Claim 6 Nerstad FIG. 6 does not disclose wherein the ring gear fixing portion is coupled to an external end portion of the at least one elastic portion, and the frame is coupled to a central area of the at least one elastic portion, and instead discloses that the external or outer portion of the elastic member is coupled to the frame. However, FIG. 4b discloses that the external end portion of the elastic portion (outer portion 310) is coupled to the ring gear (302) and the frame (308) is coupled to a central area (inside) of the elastic portion. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Nerstad FIG. 6 to connect the spring to the frame in the manner disclosed in FIG. 4b since this is a simple substitution of one known connection method for another to yield predictable results and in this case would reduce the radial dimension. Claim(s) 11, 12, 13, 15, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nerstad FIG. 6 in view of Robinette and Graner et al. (US 2023/0151882; hereinafter "Graner"). Claim 11 Nerstad discloses a spring reaction force variable apparatus comprising: a motor (204) configured to provide a torque; an output shaft of the motor (shaft inputting torque into flywheel 210); a planetary gear set (206; see embodiment of reducer in FIG. 6) connected to an output end portion (end connected to 210); and a spring portion (310) connected to the planetary gear set, wherein the planetary gear set (206) includes a planet carrier (304) configured to transmit motor torque of the motor or reaction torque of the spring portion to outside thereof (304 transmits any force from 210 and 302 to 314). Nerstad discloses throughout the disclosure that the power electronics that control the vehicle and that engine rotates are various speeds. This control is interpreted as a controller that controls the engine. Nerstad does not necessarily disclose a controller configured to control driving of the motor and to set driving frequency of the motor. However, Graner discloses an electric motor that supplies torque to a planetary gear set and output (see e.g., FIG. 3). Graner discloses that the motor is controlled to be varied and can start up gently and then be raised to a desired manner (see paragraph [0044]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Nerstad to have either maintained an engine as the motor and control the motor such that it is varied in order to provide better controls on the output, or alternatively to substitute the engine for an electric motor and also control the electric motor to be varied as in Graner in order to provide better controls on the output and/or to provide greater efficiency. Nerstad does not disclose a two-way clutch unit connected to the output shaft of the motor. However, Robinette discloses an input (50 or 20) that receives torque of a drive source (16) and transfers that torque, through a two way clutch (58 or alternatively 50 which axially slides to engage or disengage 22) to a damping planetary gearset (44) in order to selectively add damping to the system which slows down the speed ramp during desired times. This lowers the vibrations transferring to the mounts and overall on the vehicle which would be particularly desired during common auto starts when the passengers do not need a fast ramp up but desired low vibrations and less noticeable feel from the engine starting. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Nerstad to have added a two way clutch between the input drive source and planetary gearset in order to selectively provide torque to or from the drive source from or two the planetary gearset to allow for more control over whether power is transferred. As so modified the planetary gearset would be connected to the output end portion of the clutch unit, and the clutch unit would be connected to the output shaft of the motor. Claim 12 Nerstad discloses wherein the planetary gear set further includes: a sun gear (306) coupled to the output end portion of the clutch unit (at 210); a ring gear (302 or 322) fixed to the spring portion (310); and a plurality of planetary gears (305) connected to the planet carrier (304) an engaged to the sun gear (306) and the ring gear (302) between the sun gear and the ring gear (see FIG. 6). Claim 13 Nerstad discloses wherein the spring portion includes: a frame (308) which is stationary so as not to rotate; at least one elastic portion including a first end portion (upper or outer end of 310) fixed to the frame; and a ring gear fixing portion coupled to the ring gear (322) and to which a second end portion (inner portion of radial portion of 310) of the at least one elastic portion is fixed (see annotated FIG. 6 in rejection of claim 5). Claim 15 Nerstad as modified discloses wherein the at least one elastic portion includes: a first elastic portion adjacent to the frame; and a second elastic portion adjacent to the ring gear (see annotated FIG. 6 in rejection of claim 5). Claim 18 Nerstad as modified according to claim 11 discloses wherein the controller is configured to drive the motor at least once to vary the reaction torque of the spring portion so that the reaction torque of the spring portion is varied according to driving of the motor. If the drive source is controlled and varied then the spring reaction torque will also necessarily vary. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nerstad FIG. 6 in view of Robinette and Graner, and further in view of and Nerstad FIG. 4b. Claim 14 Nerstad FIG. 6 does not disclose wherein the ring gear fixing portion is coupled to an external end portion of the at least one elastic portion, and the frame is coupled to a central area of the at least one elastic portion, and instead discloses that the external or outer portion of the elastic member is coupled to the frame. However, FIG. 4b discloses that the external end portion of the elastic portion (outer portion 310) is coupled to the ring gear (302) and the frame (308) is coupled to a central area (inside) of the elastic portion. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified Nerstad FIG. 6 to connect the spring to the frame in the manner disclosed in FIG. 4b since this is a simple substitution of one known connection method for another to yield predictable results and in this case would reduce the radial dimension. Allowable Subject Matter Claims 8, 10, 16, and 19 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. With reference to claim 8, the prior art does not disclose or render obvious an apparatus comprising the combination of features as reciting including "wherein a spring connecting portion includes a first spring connecting portion and a second spring connecting portion, wherein the first elastic portion includes an external end portion coupled to the frame via the first spring connecting portion fixed to the frame, wherein the second elastic portion includes an external end portion coupled to the ring gear via the second spring connecting portion fixed to the ring gear fixing portion, and wherein the first elastic portion and the second elastic portion each have central areas coupled to each other." With reference to claim 10, the prior art does not disclose or render obvious an apparatus comprising the combination of features as reciting including "wherein the at least one elastic portion includes more than one elastic portion having a different spring constant each other." With reference to claim 16, the prior art does not disclose or render obvious an apparatus comprising the combination of features as reciting including "wherein a spring connecting portion includes a first spring connecting portion and a second spring connecting portion, wherein the first elastic portion includes an external end portion coupled to the frame via the first spring connecting portion fixed to the frame, wherein the second elastic portion includes an external end portion coupled to the ring gear via the second spring connecting portion fixed to the ring gear fixing portion, and wherein the first elastic portion and the second elastic portion each have central area coupled to each other." With reference to claim 19, the prior art does not disclose or render obvious an apparatus comprising the combination of features as reciting including "wherein, when the motor is driven once, the controller is configured to determine a rotation amount of the planet carrier and then sets driving frequency of the motor based on the determined rotation amount of the planet carrier." Response to Arguments Applicant’s arguments with respect to the prior rejection under 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The amendment to claim 2 have altered the rejection from being a matter of how to interpret the claim to a matter of support. Providing a sum or torques equal to zero is no longer indefinite but does not appear to encompass the disclosure. The amendment to claim 18 overcomes the prior rejection under 112(b). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACEY A FLUHART whose telephone number is (571)270-1851. The examiner can normally be reached M-Th 9AM-7PM. 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, Ernesto Suarez can be reached at 571-270-5565. 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. /STACEY A FLUHART/Primary Examiner, Art Unit 3655
Read full office action

Prosecution Timeline

Oct 17, 2023
Application Filed
Jul 30, 2025
Non-Final Rejection — §103, §112
Nov 03, 2025
Response Filed
Nov 11, 2025
Final Rejection — §103, §112
Jan 08, 2026
Interview Requested
Jan 20, 2026
Examiner Interview Summary
Jan 20, 2026
Applicant Interview (Telephonic)
Feb 13, 2026
Request for Continued Examination
Mar 11, 2026
Response after Non-Final Action
Mar 26, 2026
Non-Final Rejection — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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2y 5m to grant Granted Mar 31, 2026
Patent 12577989
CLUTCH CONTROL APPARATUS
2y 5m to grant Granted Mar 17, 2026
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ELECTROMAGNETICALLY SHIFTABLE POSITIVE ENGAGEMENT CLUTCH
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Patent 12560219
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
83%
Grant Probability
97%
With Interview (+14.0%)
2y 3m
Median Time to Grant
High
PTA Risk
Based on 824 resolved cases by this examiner. Grant probability derived from career allow rate.

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