Prosecution Insights
Last updated: April 19, 2026
Application No. 18/557,223

ELECTRIC BIKE AND BATTERY HOLDER

Non-Final OA §102
Filed
Dec 27, 2023
Examiner
HURLEY, KEVIN
Art Unit
3611
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Porsch Ebike Performance GmbH
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
97%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
969 granted / 1126 resolved
+34.1% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
19 currently pending
Career history
1145
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
16.5%
-23.5% vs TC avg
§102
51.4%
+11.4% vs TC avg
§112
28.4%
-11.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1126 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 . Drawings The drawings are objected to because the figure legends are in German (for example “Figur 1”). Figs. 1-9 are objected to under 37 CFR 1.84(p) as the numbers and reference characters are not plain and legible. 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 § 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. Claim(s) 12-17, 19-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Klein et al. WO 2022/003257 A1. Klein et al. discloses an electric bicycle comprising: a bicycle frame 1 with a frame section 12; and a battery holder 30 arranged on the frame section and having two retaining lugs 81,84 configured to hold a battery on the frame section in a form-fitting manner, wherein the battery holder is configured such that - in a first assembly step - the battery is placeable against a first retaining lug 81 (see Fig. 4a) and subsequently - in a second assembly step - is pivotable against the frame section such that the battery comes into engagement with a second retaining lug and is thereby held on the bicycle frame in a form-fitting manner (see Fig. 4b). wherein the first retaining lug 81 is formed such that the battery is placeable on or hooked in during the first assembly step wherein the second retaining lug 84 is resiliently configured for latching to the battery; wherein the battery has an opening (at right side 48b of the battery shown in Fig. 4a) into which the second retaining lug is inserted in the second assembly step for form- fitting cooperation with the battery; and the second retaining lug is unlockable and the battery is removable; wherein the battery holder is one piece and the two retaining lugs are connected via a web 32; wherein the battery holder is made of a metal sheet (see page 17 lines 19-20); further comprising a lock 150 arranged on the battery holder so that the battery is lockable to the frame section in the mounted state; wherein the battery holder has an electrical contact element 59 configured to ensure electrical contact between the battery and the battery holder in the mounted state of the battery. Allowable Subject Matter Claim 18 is 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Hurley whose telephone number is (571)272-6646. The examiner can normally be reached Monday-Thursday 9 am-5:30 pm Kevin.Hurley@USPTO.GOV. 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, Valentin Neacsu can be reached at 571-272-6265. 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. /KEVIN HURLEY/ Primary Examiner Art Unit 3611 February 7, 2026
Read full office action

Prosecution Timeline

Dec 27, 2023
Application Filed
Feb 07, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600181
WEIGHT DISTRIBUTING TRAILER HITCH
2y 5m to grant Granted Apr 14, 2026
Patent 12595018
CART/TRAILER
2y 5m to grant Granted Apr 07, 2026
Patent 12589823
KICK SCOOTER PERFORMANCE ENHANCEMENT
2y 5m to grant Granted Mar 31, 2026
Patent 12589621
HIGH ARTICULATION TOWING RECEIVER
2y 5m to grant Granted Mar 31, 2026
Patent 12589832
SEAT ATTACHMENT FOR ELECTRIC RECREATIONAL VEHICLE
2y 5m to grant Granted Mar 31, 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
86%
Grant Probability
97%
With Interview (+11.2%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 1126 resolved cases by this examiner. Grant probability derived from career allow rate.

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