Prosecution Insights
Last updated: July 17, 2026
Application No. 18/561,604

DRIVE DEVICE FOR A VEHICLE AXLE

Final Rejection §102§103§112
Filed
Nov 16, 2023
Priority
May 19, 2021 — DE 10 2021 112 973.7 +1 more
Examiner
SUBRAMANIAN, VISWANATHAN
Art Unit
2834
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Audi AG
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
178 granted / 221 resolved
+12.5% vs TC avg
Strong +22% interview lift
Without
With
+21.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
29 currently pending
Career history
247
Total Applications
across all art units

Statute-Specific Performance

§103
90.7%
+50.7% vs TC avg
§102
5.9%
-34.1% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 221 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION This communication is in response to the Applicant filing on 2.3.26. Claims 9-16 are pending and have been examined. 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 . Response to Arguments and Amendments The Applicant has made amendments to the independent claims 9,15 and dependents 11-14, 16 which will be examined below. Claim objections related to claims 14-16 are withdrawn in light of amendments. Specification objection is withdrawn in light amendment to Title. With respect to 35 U.S.C 102 and 103 rejections, the Applicant provides arguments to which the Examiner will respond accordingly: Applicant Argument 1: However, Nakano's partition wall 43 could not correspond to the present claim 9's "first screw point" configuration in relation to "gearbox housing" and "cylindrical stator housing. In other words, if assuming that Nakano describes a first casing 41 for the electric motor 2 as corresponding to the present claim 9 "cylindrical stator housing," and a second casing 42 for accommodating the transmission 5 as corresponding to the present claim 9 "gearbox housing," in Nakano, the partition wall 43 is not part of the second housing 42 for the transmission 5. Examiner Response 1: Examiner respectfully disagrees. In Office action dated 9.17.25, Examiner has taken Nakano element 42,43 together as gearbox housing and 41 as stator housing. Claim recitation does not prevent Examiner from taking 42 and 43 together for gearbox housing. Examiner understands the structural difference between Nagano and instant application, however they need to be recited in the claims to distinguish over Nagano. Claim Rejections - 35 USC § 112 Claims 13 and 14 are 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 13 recites in part "an other bolt as an other threaded bolt, which the second screw point is configured with an other non-threaded screw hole formed on the gearbox housing and an other internally threaded bore formed on the cylindrical stator housing" and further down "to screw together the cylindrical stator housing and the gearbox housing". However in specification and drawing Fig 3, the second screw point S2 is between housing cover 29 and intermediate housing 27. Therefore Examiner cannot understand how second screw point is being used to "to screw together the cylindrical stator housing and the gearbox housing". During Examiner interview with Attorney on 3.31.26, it was agreed that stator housing in claim recitation does not look right and both Examiner and Attorney agreed to interpret claim for next action without claim amendment related to stator housing recitation to advance prosecution. Claim 14 is rejected due to its dependency on claim 13. Claim Rejections - 35 USC § 102 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 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. 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 9-12, 15-16 are rejected under 35 U.S.C. 102(2) as being anticipated by Nakano (US20180328480A1). Regarding Claim 9, Nakano discloses (Figs 1,7) a drive device (Fig 1, 1) for a vehicle axle [0063] of a vehicle [0063] - having an electric machine (2) which outputs to a plurality of output shafts (3A,3B) via a gearbox (5,6), each output shaft of the plurality of output shafts lead to a vehicle wheel [0035], a cylindrical stator housing (41) of the electric machine (2) is elongated and configured to extend in an axial direction (AA) to join a gearbox housing (42,43), the drive device comprising: at least a first screw point (41b) between the cylindrical stator housing (41) and the gearbox housing (42,43 similar instant application where two elements 27,29 make up gear box housing 25) which in an assembled state of the cylindrical stator housing and the gearbox housing has a bolt threaded as a threaded bolt (47) in the first screw point, the first screw point is configured with a non-threaded screw hole (Fig 7, TL) formed on the gearbox housing (43 which is part of 42,43) and an internally threaded bore formed [0065] on the cylindrical stator housing (41), so that the bolt is guided through the non- threaded screw hole (Fig 7, TL) of the gearbox housing (43 which is part of 42,43) and threaded in threaded engagement with the internally threaded bore [0065 discloses “The partition wall 43 is fastened to a step portion 41b provided on an outer peripheral part of the first casing 41 with a bolt 47” and 47 in Fig 1 discloses thread] of the cylindrical stator housing (41) to screw together the cylindrical stator housing (41) and the gear box housing (43 which is part of 42,43); and the non-threaded screw hole of the gearbox housing leads into an interior (42i) of the gearbox housing (43 which is part of 42,43), and in the assembled state, a bolt head (47h) of the threaded bolt (47) is arranged in the interior (42i) of the gearbox housing interior joined with the cylindrical stator housing (41) . PNG media_image1.png 556 844 media_image1.png Greyscale PNG media_image2.png 508 608 media_image2.png Greyscale Regarding Claim 10, Nakano discloses the drive device as claimed in claim 9. Nakano further discloses wherein the cylindrical stator housing (41) and the gearbox housing (43 which is part of 42,43) are screwed together at a joining plane (A1) at which a stator-housing side (left of A1) crosses over into a gearbox-housing side (right of A1), so that a bolt head (47h) of the threaded bolt (47) has a tool application point located on the gearbox-housing side (right of A1) so that a tool access to the threaded bolt (47) is located on the gearbox-housing side (Fig 1). Regarding Claim 11, Nakano discloses the drive device as claimed in claim 9. Nakano further discloses wherein the gearbox housing (42,43) is composed of two housing parts including an intermediate housing (43) and a housing cover (42), which are arranged one behind each other (42 is behind 43 in the right direction of Fig 1 for e.g., A2 is right of A1) in an axial direction (AA), so that the intermediate housing (43) and the housing cover (42) which closes the interior of the gearbox housing are arranged in the axial direction (AA). Regarding Claim 12, Nakano discloses the drive device as claimed in claim 10. Nakano further discloses wherein the gearbox housing (42,43) is composed of two housing parts including an intermediate housing (43) and a housing cover (42), which are arranged one behind each other (42 is behind 43 in the right direction of Fig 1 for e.g., A2 is right of A1) in an axial direction (AA), so that the intermediate housing (43) and the housing cover (42) which closes the interior of the gearbox housing are arranged in the axial direction (AA). Regarding Claim 15, Nakano discloses a method (method is in structure) of assembling a drive device (Fig 1, 1) for a vehicle axle [0063] of a vehicle [0063] having an electric machine (2) which outputs to a plurality of output shafts (3A,3B) via a gearbox (5,6), each output shaft of the plurality of output shafts lead to a vehicle wheel [0035], a cylindrical stator housing (41) of the electric machine (2) is elongated and configured to extend in an axial direction (AA) to join a gearbox housing (42,43), the method comprising: providing (this is inherent to structure and the housing supports all the electric machine related components such as 2,21 inside before bolt 47 is screwed in) the cylindrical stator housing (41) to be equipped with components of the electric machine (2,21), aligning (this is inherent to structure where a bolt 47 is used to fasten) a stator-housing axis (AA) of the cylindrical stator housing (41) in a vertical direction (AA) so that a stator housing joining face of the cylindrical stator housing (Fig 7) for connection to an intermediate housing (43) of the gearbox housing (42,43) are positioned on an upper side (47 is screwed from right to left which can be taken as upper side) of the cylindrical stator housing, a first feed process (this is inherent to structure where a bolt 47 is used to fasten where 41 and 43 are positioned before being bolted together), in which the intermediate housing (43) of the gearbox housing is placed on the stator housing joining face in the vertical direction (AA) as a vertical feed direction from above (right) the cylindrical stator housing, and a first screw process (47 is screwed, so inherent), in which a bolt (47) is screwed as a threaded bolt into a first screw point (41b) between cylindrical the stator housing (41) and the intermediate housing (43) of the gearbox housing (42,43), in the vertical direction as a vertical joining direction (AA) from above (right) of the cylindrical stator housing to form an assembled state of the cylindrical stator housing and the gearbox housing, the first screw point is configured with a non-threaded screw hole (Fig 7, TL)formed on the gearbox housing (43 which is part of 42,43)and an internally threaded bore [0065]formed on the cylindrical stator housing (41), so that the bolt is guided through the non-threaded screw hole (Fig 7, TL) of the gearbox housing (43 which is part of 42,43), and threaded in threaded engagement with the internally threaded bore [0065 discloses “The partition wall 43 is fastened to a step portion 41b provided on an outer peripheral part of the first casing 41 with a bolt 47” and 47 in Fig 1 discloses thread] of the cylindrical stator housing (41) to screw together the cylindrical stator housing and the gearbox housing; and the non-threaded screw hole of the gearbox housing leads into an interior (42i) of the gearbox housing (43 which is part of 42,43), and in the assembled state, a bolt head (47h) of the threaded bolt (47) is arranged in the interior (42i) of the gearbox housing joined with the cylindrical stator housing(41). Regarding Claim 16, Nakano discloses the method as claimed in claim 15. Nakano further discloses comprising a second feed process (inherent to structure of bolting 57), in which a housing cover (54)is placed on intermediate joining face (Fig 3 discloses 54b) of the intermediate housing (43) in the vertical feed direction (AA) from above (right) of the intermediate housing, and a second screw process (bolting of 57) , in which another threaded bolt (57) is screwed into a second screw point (54b) between the housing cover (54) and the intermediate housing (43) in the vertical joining direction (AA) from above (right) of the intermediate housing (43). PNG media_image3.png 576 548 media_image3.png Greyscale Claim Rejections - 35 USC § 103 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 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. 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 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Nakano in view of Asai (US20240240709A1 PCT Filed 3.26.21), and Instant Application Background. Regarding Claim 13, Nakano discloses the drive device as claimed in claim 11. Nakano further discloses wherein the intermediate housing (43) and the housing cover (42) but does not explicitly disclose they are screwed together at at least a second screw point and in that the second screw point has another bolt as another threaded bolt , the second screw point is configured with another non-threaded screw hole formed on the housing cover and another internally threaded bore formed on the intermediate housing so that the bolt is guided through the non-threaded screw hole of the housing cover and threaded in threaded engagement with another internally threaded bore of the intermediate housing to screw together the intermediate housing and the housing cover, so that an opening edge region of the other non threaded screw hole is braced between a bolt head of the other bolt and the intermediate housing (See 112(a) section and Interview summary for interpretation). Asai discloses (Fig 1) the intermediate housing (12) and the housing cover (11) are screwed together at at least a second screw point (B1 location) and in that the second screw point has a threaded bolt (B1) ,which is guided through a hole (B1 corresponding hole) of the housing cover and is in threaded engagement with an internally threaded bore (B1 corresponding bore in 12) formed on the intermediate housing (12), so that an opening edge region (11oe) of a gearbox-housing screw hole (B1 corresponding hole) is braced between a bolt head (B1 head) of the threaded bolt (B1) and the intermediate housing (12) but does not explicitly disclose a non-threaded screw hole(however usage of a bolt with non-threaded screw hole is well known in the art). Instant Application background discloses threaded bolt guided through a non-threaded screw hole [0005]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed drive device of Nakano with bolting arrangement between housing cover and intermediate housing as taught by Asai in order to detachably attach the cover from the intermediate housing and threaded bolt through a non-threaded screw hole configuration as taught by Instant Background in order to not have unnecessary internal threads and comply with well known usage of bolts for fastening. PNG media_image4.png 698 570 media_image4.png Greyscale Regarding Claim 14, Nakano in view of Asai discloses the drive device as claimed in claim 9. Nakano in view of Asai further discloses wherein an internally threaded bore (Nakano,Fig 1, 41b) is formed as a blind hole with a closed bore base (41b is closed), and/or in that a screw axis of the first screw point and/or a screw axis of a second screw point are aligned axially parallel to a stator- housing axis (A), and/or in that a joining direction of the threaded bolt at the first screw point and the threaded bolt at the second screw point are identical. Conclusion THIS ACTION IS MADE FINAL. 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 VISWANATHAN SUBRAMANIAN whose telephone number is (571)272-4814. The examiner can normally be reached Monday - Friday 8:30 am - 5:00 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, Christopher M Koehler can be reached at 5712723560. 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. /VISWANATHAN SUBRAMANIAN/Examiner, Art Unit 2834 /CHRISTOPHER M KOEHLER/Supervisory Patent Examiner, Art Unit 2834
Read full office action

Prosecution Timeline

Nov 16, 2023
Application Filed
Sep 17, 2025
Non-Final Rejection mailed — §102, §103, §112
Feb 03, 2026
Response Filed
Mar 31, 2026
Examiner Interview (Telephonic)
Apr 06, 2026
Final Rejection mailed — §102, §103, §112 (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
80%
Grant Probability
99%
With Interview (+21.8%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 221 resolved cases by this examiner. Grant probability derived from career allowance rate.

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