Prosecution Insights
Last updated: July 17, 2026
Application No. 18/464,972

RETROFITTABLE IMPROVEMENTS FOR AUTOMOBILES

Non-Final OA §102§103
Filed
Sep 11, 2023
Priority
Mar 12, 2021 — provisional 63/160,670 +1 more
Examiner
REID JR, CHARLES H
Art Unit
2834
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Carbyne Enterprises Inc.
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
314 granted / 458 resolved
+0.6% vs TC avg
Strong +24% interview lift
Without
With
+24.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
20 currently pending
Career history
485
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
79.5%
+39.5% vs TC avg
§102
12.8%
-27.2% vs TC avg
§112
6.7%
-33.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 458 resolved cases

Office Action

§102 §103
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 . 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 (i.e., changing from AIA to pre-AIA ) 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. Election/Restrictions Applicant’s election without traverse of Group I (Claims 1-7) in the reply filed on May 5, 2026 is acknowledged. Claim Objections Claims 4-6 are objected to because of the following informalities: Claim 4, “swing arm and at least one wheel” should be changed to “swing arm and the one or more wheels” Claim 5, “a wheel-side coupling configured to transmit power between the drive-side coupling and a vehicle wheel” should be changed to “the wheel-side coupling configured to transmit power between the drive-side coupling and the one or more wheels” Claim 6, “a rear drive comprising a power conversion device” and “a differential configured to divide power” should be changed to , “a rear drive comprising the power conversion device” and “the differential configured to divide power” Appropriate correction is required. 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 1-3 and 7 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Han (US 4,254,843). Regarding claim 1, Han discloses a system comprising: at least one energy storage device (20 of Figure 2, 8) configured to store power for a vehicle (10 of Figure 1-2) having at least one differential pinion (32 of Figure 2) and at least one axle tube (18 of Figure 2); at least one power conversion device (22 of Figure 2); at least one power conversion controller (100 of Figure 8) configured to regulate power flow between the at least one energy storage device and the at least one power conversion device (Col. 2:12-50; Col. 5:3-10, 63-66); an input device (Col. 5:3-10, such as a pedal) configured to receive input from a user and configured to translate the input into instructions for the power conversion controller; and a drivetrain (Col. 3:18-31) configured to transmit power between the at least one power conversion device and the vehicle's at least one differential pinion and configured to connect to the vehicle's axle tube. Regarding claim 2, Han discloses a system comprising: at least one energy storage device (20 of Figure 2, 8) configured to store power for a vehicle (10 of Figure 1-2) having a front differential pinion (Col. 3:18-31; 32 of Figure 2) and a frame (14 of Figure 2); at least one power conversion device (22 of Figure 2); a power conversion controller (100 of Figure 8) configured to regulate power flow between the at least one energy storage device and the at least one power conversion device (Col. 2:12-50; Col. 5:3-10, 63-66); an input device (Col. 5:3-10, such as a pedal) configured to receive input from a user and configured to translate the input into instructions for the power conversion controller; and a drivetrain (Col. 3:18-31) configured to transmit power between the at least one power conversion device and the vehicle's front differential pinion and configured to connect to the vehicle's frame. Regarding claim 3, Han discloses a system comprising: at least one energy storage device (20 of Figure 2, 8) configured to store power for a vehicle (10 of Figure 1-2) having one or more wheels (16 of Figure 2); at least one swing arm, wherein the at least one swing arm comprises at least one power conversion device (22 of Figure 2) configured to transmit power between the one or more wheels and the at least one energy storage device; at least one power conversion controller (100 of Figure 8) configured to regulate power flow between the at least one energy storage device and the at least one power conversion device (Col. 2:12-50; Col. 5:3-10, 63-66); and an input device (Col. 5:3-10, such as a pedal) configured to receive input from a user and configured to translate the input into instructions for the power conversion controller. Regarding claim 7, Han discloses a system comprising: at least one energy storage device (20 of Figure 2, 8) configured to store power for a vehicle (10 of Figure 1-2) having at least one rear axle (18 of Figure 2); at least one wheel (16 of Figure 2) configured to be substantially aligned with the rear axle of the vehicle and configured to provide traction against a ground surface; at least one power conversion device (22 of Figure 2) configured to transmit power between the at least one wheel and the at least one energy storage device; at least one power conversion controller (100 of Figure 8) configured to regulate power flow between the at least one energy storage device and the at least one power conversion device (Col. 2:12-50; Col. 5:3-10, 63-66); and an input device (Col. 5:3-10, such as a pedal) configured to receive input from a user and configured to translate the input into instructions for the power conversion controller. Claim Rejections - 35 USC § 103 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 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Han (US 4,254,843), in view of Lipsett (US 2023/0063961). Regarding claim 4, Han discloses a system comprising: at least one energy storage device (20 of Figure 2, 8) configured to store power for a vehicle (10 of Figure 1-2) having one or more wheels (16 of Figure 2); at least one power conversion device (22 of Figure 2); at least one swing arm (critical part of the suspension system), wherein the at least one swing arm is configured to transmit power between the one or more wheels and the at least one energy storage device; at least one power conversion controller (100 of Figure 8) configured to regulate power flow between the at least one energy storage device and the at least one power conversion device (Col. 2:12-50; Col. 5:3-10, 63-66); an input device (Col. 5:3-10, such as a pedal) configured to receive input from a user and configured to translate the input into instructions for the power conversion controller, and one or more clutches (30 of Figure 2) configured to transmit power between the at least one swing arm and at least one wheel when in a first position and configured to interrupt power transmission between the at least one swing arm and at least one wheel when in a second position. Han does not explicitly disclose at least one swing arm. Lipsett discloses at least one swing arm (Para. 0056). It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have at least one swing arm installed in the vehicle of Han, as taught by Lipsett, in order to assist the cylinders to pitch up and down over obstacles as well as some vertical motion, such that the maximum surface area of each cylinder is in contact with the ground at all times [Lipsett: Para. 0056]. Regarding claim 5, Han discloses a system comprising: at least one energy storage device (20 of Figure 2, 8) configured to store power for a vehicle (10 of Figure 1-2) having one or more wheels (16 of Figure 2); at least one power conversion device (22 of Figure 2); at least one swing arm (critical part of the suspension system), wherein the at least one swing arm is configured to transmit power between the one or more wheels and the at least one energy storage device; at least one power conversion controller (100 of Figure 8) configured to regulate power flow between the at least one energy storage device and the at least one power conversion device (Col. 2:12-50; Col. 5:3-10, 63-66); an input device (Col. 5:3-10, such as a pedal) configured to receive input from a user and configured to translate the input into instructions for the power conversion controller; a drive-side coupling configured transmit power between the at least one swing arm and a wheel-side coupling, the drive-side coupling comprising at least one attachment mechanism located thereon (critical part of the suspension system); and a wheel-side coupling configured to transmit power between the drive-side coupling and a vehicle wheel, the wheel-side coupling comprising at least one attachment mechanism located thereon (critical part of the suspension system). Han does not explicitly disclose at least one swing arm; and a drive-side coupling configured transmit power between the at least one swing arm and a wheel-side coupling, the drive-side coupling comprising at least one attachment mechanism located thereon (critical part of the suspension system); and a wheel-side coupling configured to transmit power between the drive-side coupling and a vehicle wheel, the wheel-side coupling comprising at least one attachment mechanism located thereon. Lipsett discloses at least one swing arm (Para. 0056); and a drive-side coupling configured transmit power between the at least one swing arm and a wheel-side coupling, the drive-side coupling comprising at least one attachment mechanism located thereon (Para. 0056); and a wheel-side coupling configured to transmit power between the drive-side coupling and a vehicle wheel, the wheel-side coupling comprising at least one attachment mechanism located thereon (Para. 0056). It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have at least one swing arm installed in the vehicle of Han, as taught by Lipsett, in order to assist the cylinders to pitch up and down over obstacles as well as some vertical motion, such that the maximum surface area of each cylinder is in contact with the ground at all times [Lipsett: Para. 0056]. Regarding claim 6, Han discloses a system comprising: at least one energy storage device (20 of Figure 2, 8) configured to store power for a vehicle (10 of Figure 1-2) having one or more wheels (16 of Figure 2); a left swing arm and a right swing arm (critical part of the suspension system) configured to transmit power between the one or more wheels and a power conversion device (22 of Figure 2); a rear drive comprising a power conversion device, the power conversion device being configured to transmit power between the at least one energy storage device and a differential (32 of Figure 2); a differential configured to divide power flow between the left swing arm and right swing arm; at least one power conversion controller (100 of Figure 8) configured to regulate power flow between the at least one energy storage device and the power conversion device (Col. 2:12-50; Col. 5:3-10, 63-66); and an input device (Col. 5:3-10, such as a pedal) configured to receive input from a user and configured to translate the input into instructions for the power conversion controller, wherein the power conversion device and differential are parallel to and aligned with each other (see Figure 2). Han does not explicitly disclose a left swing arm and a right swing arm. Lipsett discloses a left swing arm and a right swing arm (Para. 0056). It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have at least one swing arm installed in the vehicle of Han, as taught by Lipsett, in order to assist the cylinders to pitch up and down over obstacles as well as some vertical motion, such that the maximum surface area of each cylinder is in contact with the ground at all times [Lipsett: Para. 0056]. Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Auerbach (US 6,734,645), Bock (US 4,309,620), Spahn (US 3,556,239) disclose a system with a vehicle battery, differential, axle, and a power conversion device and controller with an input device. Tsujimura (US 4,196,887) discloses a vehicle with at least one swing-arm. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES H REID whose telephone number is (571)272-9248. The examiner can normally be reached M-F 9:30-4:45 PM. 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, Tulsidas Patel can be reached at 571-272-2098. 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. /Charles Reid Jr./ Primary Examiner, Art Unit 2834
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Prosecution Timeline

Sep 11, 2023
Application Filed
Jun 25, 2026
Non-Final Rejection mailed — §102, §103 (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
69%
Grant Probability
93%
With Interview (+24.4%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 458 resolved cases by this examiner. Grant probability derived from career allowance rate.

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