Prosecution Insights
Last updated: April 19, 2026
Application No. 18/493,249

VEHICLE

Non-Final OA §103
Filed
Oct 24, 2023
Examiner
DANG, TINH
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
1y 11m
To Grant
93%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
454 granted / 534 resolved
+33.0% vs TC avg
Moderate +8% lift
Without
With
+7.7%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
18 currently pending
Career history
552
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
28.2%
-11.8% vs TC avg
§102
35.7%
-4.3% vs TC avg
§112
32.7%
-7.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 534 resolved cases

Office Action

§103
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 . DETAILED CORRESPONDENCE This is in response to the papers filed 10/24/2023 for Application No. 18/493,249. Claims 1-5 are pending. Priority Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement The information disclosure statements (IDSs’) received on 10/24/2023 and 01/13/2026 have been considered by the examiner. Claim Objections Claim 1 is objected to because of the following informalities: in lines 6-10, please amend the limitation "an angle made by a first straight line connecting a wheel rotation center that matches a rotation axis of the wheel and a first linking point that is a linking point of the motor unit and the trailing arm, and a second straight line connecting the first linking point and a second linking point that is a linking point of the trailing arm and the vehicle body, is no less than 150 degrees and no more than 210 degrees” with limitation - - an angle made by: a first straight line connecting: a wheel rotation center that matches a rotation axis of the wheel and a first linking point that is a linking point of the motor unit and the trailing arm, and a second straight line connecting: the first linking point and a second linking point that is a linking point of the trailing arm and the vehicle body, is no less than 150 degrees and no more than 210 degrees - - for clarity. Appropriate correction is required. 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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al. (US 2020/0122565 A1). Regarding claim 1, Yamada discloses a vehicle comprising: a vehicle body (par [0022], i.e., vehicle body side component Z of the vehicle, hereinafter referred as “Z”); a wheel (8) supporting the vehicle body, a motor unit (i.e., includes in-wheel motor 12 and motor housing/carrier 14) including an in-wheel motor (12) that drives the wheel (8); and a trailing arm (20) linked to the motor unit through an elastic member (i.e., upper rubber bushing 52) and extending toward a vehicle front (fig. 3), wherein an angle (see Figures 1-8 and annotated Figure 3 below) made by a first straight line (“FSL” or between axis A and axis of end point 32, Fig. 3) connecting a wheel rotation center (A) that matches a rotation axis of the wheel (8) and a first linking point (i.e., linking point B or at the linking point where 32 is coupled to member 46 of carrier 14) that is a linking point of the motor unit (12,14) and the trailing arm (20), and a second straight line (“SSL” or line between center axis of end point 32 to center axis of top portion 30) connecting the first linking point and a second linking point (linking point C or center point of top portion 30; or end portion 30 of trailing 20 is coupled to vehicle body, par [0022]) that is a linking point of the trailing arm (20) and the vehicle body (Z). However, Yamada further teaches an angle between the linking points is approximately between 90 and 180 shown in annotated Figure 3 below but does not specifically teach the angle is no less than 150 degrees and no more than 210 degrees. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to have the angle between the first and second linking points from 150 to 210 degrees, for the purpose of improvement in suspension movement and riding comfort, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05(II) PNG media_image1.png 637 840 media_image1.png Greyscale Annotated Figure 3 – side view Regarding claim 2, Yamada discloses the vehicle according to claim 1, wherein the angle is no less than 160 degrees and no more than 200 degrees. However, Yamada further teaches an angle between the linking points is approximately between 90 and 180 but does not specifically teach the angle is no less than 160 degrees and no more than 200 degrees. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to have the angle between the first and second linking points from 160 to 200 degrees, for the purpose of improvement in suspension movement and riding comfort, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05(II) Regarding claim 3, Yamada discloses the vehicle according to claim 2, wherein the angle is no less than 170 degrees and no more than 190 degrees. However, Yamada further teaches an angle between the linking points is approximately between 90 and 180 but does not specifically teach the angle is no less than 170 degrees and no more than 190 degrees. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to have the angle between the first and second linking points from 170 to 190 degrees, for the purpose of improvement in suspension movement and riding comfort, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05(II) Regarding claim 4, Yamada discloses the vehicle according to claim 3, wherein the motor unit further includes a speed reduction mechanism (par [0018], i.e., a speed reducer). Regarding claim 5, Yamada discloses the vehicle according to claim 1, wherein the trailing arm is linked to the vehicle body through an elastic member (fig. 2; paragraphs [0019] – [0021], i.e., trailing arm 20 is linked/coupled to vehicle body through lower rubber bushing 52 via carrier 14 and lower suspension 23). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kato et al. (US 2018/0334002 A1) discloses a suspension device for non-steered driving wheel incorporating in-wheel motors, see Figures 1-3; and Takenaka et al. (US 2020/0139775 A1) discloses a suspension apparatus and vehicle includes a trailing arm 25, see Figures 1-3. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tinh T Dang whose telephone number is (571)270-1776. The examiner can normally be reached Monday - Friday, 9AM - 5PM. 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 Mon-Friday from 8AM-4:30PM 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. /TINH T DANG/Primary Examiner, Art Unit 3655 March 5, 2026
Read full office action

Prosecution Timeline

Oct 24, 2023
Application Filed
Feb 20, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12590627
DIFFERENTIAL ASSEMBLY AND ACTUATOR ASSEMBLY FOR FRICTION DISK CLUTCH
2y 5m to grant Granted Mar 31, 2026
Patent 12589648
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2y 5m to grant Granted Mar 31, 2026
Patent 12535131
WHEEL-HUB GEARS AND CASINGS THEREFOR
2y 5m to grant Granted Jan 27, 2026
Patent 12534080
MOTOR VEHICLE WITH HILL DESCENT CONTROL FUNCTION WHICH CAN BE ENABLED BY A DEDICATED COMMAND AND ENABLEMENT PROCESS OF THE HILL DESCENT CONTROL FUNCTION
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Patent 12528349
Axle Gear System for a Motor Vehicle Drive Axle
2y 5m to grant Granted Jan 20, 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
85%
Grant Probability
93%
With Interview (+7.7%)
1y 11m
Median Time to Grant
Low
PTA Risk
Based on 534 resolved cases by this examiner. Grant probability derived from career allow rate.

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