Prosecution Insights
Last updated: August 18, 2026
Application No. 18/526,097

VEHICLE WITH CUP HOLDERS

Final Rejection §103
Filed
Dec 01, 2023
Examiner
AKAKPO, DANY E
Art Unit
3672
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Kawasaki Motors Ltd.
OA Round
2 (Final)
87%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
468 granted / 539 resolved
+34.8% vs TC avg
Moderate +13% lift
Without
With
+12.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
32 currently pending
Career history
576
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
43.1%
+3.1% vs TC avg
§102
28.1%
-11.9% vs TC avg
§112
24.0%
-16.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 539 resolved cases

Office Action

§103
DETAILED ACTION The amendments filed on 04/09/2026 have been entered. 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. before the effective filing date of the claimed invention. Claims 1, 4-11, 14-15, 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Schiebel et al. (WO 2009137579) and Galbraith (US 9802523). Regarding claim 1, Schiebel discloses a vehicle (100) (fig 1), comprising: a car body (body of 100, fig 1); wheels (104) rotatably supported by the car body (fig 1); a steering wheel steering (182) the wheels ([0081]); a seat (176) more rearward than the steering wheel (fig 1); and a dashboard including a dashboard body (203, 215) (fig 1), a left cup holder (643, left, fig 41), and a right cup holder (643, right, fig 41), the dashboard body being more forward than the seat (fig 1), the left cup holder being located to the left of a middle in a vehicle-width direction (fig 41), the right cup holder being located to the right of the middle in the vehicle-width direction (fig 41). Schiebel is silent regarding the fact that a part of the cup holder located at one side in the vehicle-width direction of the left cup holder and the right cup holder overlaps the steering wheel in the vehicle- width direction. Galbraith teaches the fact that a part of the cup holder (164) located at one side in the vehicle-width direction of the left cup holder and the right cup holder overlaps the steering wheel in the vehicle- width direction (fig 2). Galbraith further teaches that the cup holder (164) is located forward from a rear end of the dashboard (fig 2). Before the effective filling date, it would have been obvious to one of ordinary skill in the art, having the teachings of Schiebel and Galbraith before him or her, to modify the apparatus/method disclosed by Schiebel to include the fact that a part of the cup holder located at one side in the vehicle-width direction of the left cup holder and the right cup holder overlaps the steering wheel in the vehicle- width direction as taught by Galbraith in order to provide a reliable golf cart beverage holder system (col 1 lines 46-54) Regarding claim 4, Schiebel further discloses that he left cup holder is in symmetric alignment with the right cup holder with respect to the middle in the vehicle-width direction (fig 41). Regarding claim 5, Schiebel further discloses that a steering column (183) supporting the steering wheel on one side in the vehicle-width direction (fig 1, fig 13), wherein the left cup holder or the right cup holder on the one side in the vehicle- width direction is located more outward than the steering column in the vehicle-width direction (fig 4). Regarding claim 6, Schiebel further discloses a steering column (183) supporting the steering wheel (fig ), wherein opening perimeters of the left cup holder and the right cup holder are located above a root (626) of the steering column with respect to the dashboard (fig 41) ([00144]). Regarding claim 7, Schiebel further discloses that opening perimeters of the left cup holder and the right cup holder are located below a top of the dashboard (fig 41). Regarding claim 8. Schiebel further discloses that the dashboard body includes an upper dashboard body (203) (figs 40-41), and a lower dashboard body (215) under the upper dashboard body (figs 40-41), and the upper dashboard body includes the left cup holder or the right cup holder (figs 40-41). Regarding claim 9, Schiebel further discloses that he dashboard body includes a support recess (630) supporting an external apparatus in a standing position ([00145]), the support recess being more forward than the left cup holder or the right cup holder (figs 40-41). Regarding claim 10, Schiebel further discloses that an opening perimeter of the support recess is located above an opening perimeter of the left cup holder or the right cup holder (figs 40-41). Regarding claim 11, Schiebel further discloses a partition wall (wall between 630 and 643, figs 40-41) is located between the support recess and the left cup holder or the right cup holder (figs 40-41). Regarding claim 14, Schiebel further discloses a holder (634) detachably holding an external apparatus (content of glove box, [00145]) above an opening perimeter of the left cup holder or the right cup holder (figs 39-41, [00145]). Regarding claim 15, Schiebel further discloses that the holder is located at a position different from a position of the left cup holder or the right cup holder in a plan view (figs 39-41). Regarding claim 18, Schiebel further discloses front pillars (214) (fig 1), wherein an outside portion of the seat in the vehicle-width direction is opened (fig 1), and the left cup holder or the right cup holder is located more rearward than the front pillars (figs 1, 39-41), and is opened at a position to be observed from above in a plan view (figs 1, 39-41). Regarding claim 19, Schiebel further discloses that an outside portion of the seat in the vehicle-width direction is opened (fig 1), and the dashboard includes a vertical wall (sidewall of 203, fig 41) located more outward than an opening of the left cup holder or the right cup holder in the vehicle-width direction (fig 41), the vertical wall protruding more upward than the opening (fig 41). Regarding claim 20, Schiebel further discloses that an outside portion of the seat in the vehicle-width direction is opened (fig 1), and at least a part of a portion enclosing an opening of the left cup holder or the right cup holder of the dashboard is a sloped surface (sidewall surface of 203, figs 40-41) lower than the opening and sloped more downward as the sloped surface extends rearward (figs 40-41). Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Schiebel et al. (WO 2009137579) and Galbraith (US 9802523) as applied to claim 1 above, and further in view of Harmon et al. (US 20240208388). Regarding claims 2-3, the combination of Schiebel and Galbraith is silent regarding the fact that the information device includes a touch panel that displays information and receives a touch operation. Harmon teaches an information device (24) that includes a touch panel (24) that displays information and receives a touch operation ([0085], fig 1) Before the effective filling date, it would have been obvious to one of ordinary skill in the art, having the teachings of Schiebel, Galbraith and Harmon before him or her, to modify the apparatus/method disclosed by the combination of Schiebel and Galbraith to include the touchscreen as taught by Harmon in order to allow users to easily scroll through vehicle-related data. Claims 12-13 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Schiebel et al. (WO 2009137579) and Galbraith (US 9802523) as applied to claim 1 above, and further in view of Deschler (DE102021110665A1). Regarding claims 12-13, the combination of Schiebel and Galbraith is silent regarding the fact that the left cup holder or the right cup holder includes a recess partially recessed downward from an opening perimeter of the left cup holder or the right cup holder. Deschler further teaches that the left cup holder or the right cup holder includes a recess (recess of 4, fig 1) partially recessed downward from an opening perimeter of the left cup holder or the right cup holder (4) (fig 1). (Claim 13) Deschler further teaches that the recess is located rearward in the opening perimeter of the left cup holder or the right cup holder (fig 1). (Claim 16) Deschler further teaches that the left cup holder includes a first left cup holder and a second left cup holder (fig 1), and the right cup holder includes a first right cupholder and a second right cup holder (fig 1). (Claim 17) Deschler further teaches that the first left cup holder and the second left cup holder are aligned in the vehicle-width direction (fig 1), and the first right cup holder and the second right cupholder are aligned in the vehicle-width direction (fig 1). Before the effective filling date, it would have been obvious to one of ordinary skill in the art, having the teachings of Schiebel, Galbraith and Deschler before him or her, to modify the apparatus/method disclosed by the combination of Schiebel and to include the left cup holder or the right cup holder including a recess partially recessed downward from an opening perimeter of the left cup holder or the right cup holder as taught by Deschler in order to achieve a space-saving design (page 1). Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Schiebel et al. (WO 2009137579) and Derrien et al. (EP 2039564 A1) Regarding claim 22, Schiebel discloses a vehicle (100) (fig 1), comprising: a car body (body of 100, fig 1); wheels (104) rotatably supported by the car body (fig 1); a steering wheel steering (182) the wheels ([0081]); a seat (176) more rearward than the steering wheel (fig 1); and a dashboard including a dashboard body (203, 215) (fig 1), a left cup holder (643, left, fig 41), and a right cup holder (643, right, fig 41), the dashboard body being more forward than the seat (fig 1), the left cup holder being located to the left of a middle in a vehicle-width direction (fig 41), the right cup holder being located to the right of the middle in the vehicle-width direction (fig 41). Schiebel is silent regarding the fact that the dashboard body includes a support recess supporting an external apparatus in a standing position, the support recess being more forward than the left cup holder or the right cup holder; and wherein the support recess includes a bottom portion and a peripheral wall extending upward from the entire periphery of the bottom portion, and the peripheral wall is opened upward at a side opposite to the bottom portion. Derrien teaches regarding the fact that the dashboard body includes a support recess (3) supporting an external apparatus (32) in a standing position (figs 4-5), the support recess being more forward than the left cup holder or the right cup holder (figs 4-5); and wherein the support recess includes a bottom portion (bottom portion of 3, figs 4-5) and a peripheral wall (wall around 3, fig 4) extending upward from the entire periphery of the bottom portion (figs 4-5), and the peripheral wall is opened upward at a side opposite to the bottom portion (fig 5). Before the effective filling date, it would have been obvious to one of ordinary skill in the art, having the teachings of Schiebel and Derrien before him or her, to modify the apparatus/method disclosed by Schiebel to include the fact that the dashboard body includes a support recess supporting an external apparatus in a standing position, the support recess being more forward than the left cup holder or the right cup holder; and wherein the support recess includes a bottom portion and a peripheral wall extending upward from the entire periphery of the bottom portion, and the peripheral wall is opened upward at a side opposite to the bottom portion as taught by Derrien in order to store personal items such as a laptop 32 ([0031]). Response to Arguments Applicant’s arguments with respect to claim(s) 1-22 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. Conclusion 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 DANY E AKAKPO whose telephone number is (469)295-9255. The examiner can normally be reached M-F 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, Nicole Coy can be reached on (571) 272-5405. 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. /DANY E AKAKPO/Examiner, Art Unit 3672 06/23/2026
Read full office action

Prosecution Timeline

Dec 01, 2023
Application Filed
Jan 22, 2026
Non-Final Rejection mailed — §103
Apr 09, 2026
Response Filed
Jun 30, 2026
Final Rejection mailed — §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

3-4
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+12.8%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 539 resolved cases by this examiner. Grant probability derived from career allowance rate.

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