Prosecution Insights
Last updated: October 02, 2026
Application No. 18/640,123

Multi-Axle Drive Unit for a Motor Vehicle, Motor Vehicle and Method for Operating the Motor Vehicle

Final Rejection §103§112
Filed
Apr 19, 2024
Priority
Apr 20, 2023 — DE 10 2023 110 038.6
Examiner
SHARMA, NABIN KUMAR
Art Unit
3612
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
2 (Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
29 granted / 53 resolved
+2.7% vs TC avg
Strong +57% interview lift
Without
With
+56.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
31 currently pending
Career history
96
Total Applications
across all art units

Statute-Specific Performance

§103
49.9%
+9.9% vs TC avg
§102
33.1%
-6.9% vs TC avg
§112
16.8%
-23.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 53 resolved cases

Office Action

§103 §112
CTNF 18/640,123 CTNF 99804 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after May 19, 2022, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. 07-34-01 Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. 07-34-05 AIA Claim 2 recites the limitation " the pump clutch " in lines 4-5 . There is insufficient antecedent basis for this limitation in the claim. 07-34-05 AIA Claim 3 recites the limitation " the pump clutch " in line 4 . There is insufficient antecedent basis for this limitation in the claim. 07-34-05 AIA Claim 9 recites the limitation " a multi-axle drive unit " in line 1 . There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4.Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim s 1-2 and 4-9 are rejected under 35 U.S.C. 103 as being unpatentable over Alcantar et al. (US Pub. 20210155219 A1; hereinafter, “Alcanter) in view of Versteyhe (US Pub. 20150354685 A1) . Regarding claim 1, Alcanter discloses: a multi-axle drive unit (primary and secondary axle; ‘Abstract’; figs. 1-4B) for a motor vehicle (“vehicle”; ‘Abstract’), comprising: an electric drive machine (‘primary actuator”; 26; [0011]); a primary drive axle (“primary axle”; [0003]) having a primary axle drive element (“differential” 30; [0012]) that is couplable to a rotor shaft of the electric drive machine (26) mechanically directly or indirectly to thereby transmit torque [ para. 0012 teaches: “the differential 30 routes torque produced by the motor 26 to the driven wheels 32 via half shafts 34; see fig. 1]; Alcanter teaches a secondary axle drive element (“differential 40; fig. 1; [0013]) of the secondary drive axle (24) couplable mechanically directly or indirectly to thereby transmit torque [ para. 0013 teaches: “secondary axle 24 also includes a differential 40. The differential 40 includes a carrier 42 driveably connected to the secondary actuator 28 via gearing 44”; thus, couplable mechanically directly or indirectly to thereby transmit torque], but Alcanter’s vehicle appeared to be an electric vehicle; thus, explicitly silent on a hydraulic device having a hydraulic pump with a pump drive shaft which is couplable mechanically directly or indirectly to the rotor shaft; a secondary drive axle on which a hydraulic motor of the hydraulic device is arranged, the hydraulic motor having a motor output shaft that is couplable to a secondary axle drive element of the secondary drive axle couplable mechanically directly or indirectly to thereby transmit torque, the hydraulic pump and the hydraulic motor being connected hydraulically to one another; however, Versteyhe in another ‘hydrostatic and direct drive transmission’ similar to Alcanter teaches: a hydraulic device having a hydraulic pump (‘hydrostatic pump’ 106; [0007]) with a pump drive shaft which is couplable mechanically directly or indirectly to the rotor shaft [para. 0010 teaches that the hydrostatic pump is in driving engagement with the transmission portion; thus, couplable mechanically directly or indirectly to the rotor shaft]; a secondary drive axle (120) on which a hydraulic motor (112; [0007]) of the hydraulic device (“hydraulic pump and hydraulic motor”; [0006]) is arranged, the hydraulic motor (112) having a motor output shaft (motor shaft) that is couplable (via “driving engagement with first drive shaft 116”; [0007]) to a secondary axle drive element of the secondary drive axle (120) couplable mechanically directly or indirectly to thereby transmit torque [ para. 0007 teaches that the hydrostatic motor 112 is in driving engagement with a transfer case 114, which is in driving engagement with a first drive shaft 116 and a second drive shaft 118. The first drive shaft 116 is in driving engagement with a first axle 120 and the second drive shaft 116 is in driving engagement with a second axle 122], the hydraulic pump and the hydraulic motor being connected hydraulically to one another [ para. 0007 teaches: “The hydrostatic pump 106 is in fluid communication with a hydrostatic motor 112”]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an electric vehicle of Alcanter and to incorporate the teaching of Versteyhe, such that hydraulic device having a hydraulic pump provided with a pump drive shaft couplable mechanically directly or indirectly to the rotor shaft and also, a secondary drive axle on which a hydraulic motor of the hydraulic device is arranged and the hydraulic motor having a motor output shaft that is couplable to a secondary axle drive element of the secondary drive axle couplable mechanically directly or indirectly to transmit torque as taught by Versteyhe into the invention of Alcanter with a reasonable expectation of success in order to advantageously make an enhanced vehicle with dual electric and hybrid functionality where the rear axle pump converts kinetic energy (when braking and coasting) into hydraulic pressure instead of wasting it as a heat and later, the front axle motor uses the pressure to drive the vehicle. A skilled artisan would have recognized that adding such a known dual driving mode constitutes a simple design choice yielding only predictable results. The motivation to combine the teaching of Versteyhe into the invention of Alcanter arises from the shared objective of enabling hybrid dynamic driving environments. The claimed configuration doesn’t yield unexpected results and reflects routing engineering design choices based on known principles of hybrid terrain adaptability. Regarding claim 2, Alcanter as modified above teaches the clutch 54 and 60, but does not appear to explicitly teach that a hydraulic pump clutch which is connected mechanically directly or indirectly on one side to the pump drive shaft and on the other side to the rotor shaft and remaining limitation of claim 2; however, Versteyhe teaches that a hydraulic pump clutch (‘243”; [0030]) which is connected mechanically directly or indirectly on one side to the pump drive shaft (246) and on the other side to the rotor shaft (218), to thereby allow the pump clutch to be adjusted between a connected position (figs. 1-3), in which the rotor shaft (218) and the pump drive shaft (246) are connected mechanically directly or indirectly to one another to thereby transmit torque, and a disconnected position, in which the rotor shaft and the pump drive shaft are freely rotatable with respect to one another [para. 0032 teaches that when the transfer case clutch 243 is placed in a disengaged position, the transfer case 214 is drivingly disengaged (“free rotatable”) from the inter-axle drive shaft 218; thus, pump drive shaft (246) is connected mechanically directly or indirectly to one another to thereby transmit torque, and a disconnected position, in which the rotor shaft and the pump drive shaft are freely rotatable with respect to one another.] Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an electric vehicle of Alcanter to incorporate the teaching of Versteyhe, such that pump and clutch system adjustment will allow drive system to transmit torque, and when in a disconnected position, the rotor shaft and the pump drive shaft can be freely rotatable with respect to one another as taught by Versteyhe into the invention of Alcanter with a reasonable expectation of success in order to advantageously make the enhanced vehicle clutch drive ability where one of reducing and interrupting a rotational force can be transferred from the power source to the primary transmission portion [0019 of Versteyhe]. A skilled artisan would have recognized that adding such a known clutch element constitutes a simple design choice yielding only predictable results. The motivation to combine the teaching of Versteyhe into the invention of Alcanter arises from the shared objective of enabling hybrid dynamic driving environments. The claimed configuration doesn’t yield unexpected results and reflects routing engineering design choices based on known principles of hybrid terrain adaptability. Regarding claim 4, Alcanter as modified above further teaches that the multi-axle drive unit according to claim 1, wherein the hydraulic pump (206) and/or the hydraulic motor are/is configured as a respective axial piston machine [ para. 0023 of Alcanter teaches: the hydrostatic pump 206 is a hydraulic axial piston pump having a movable swashplate”]. Regarding claim 5, Alcanter as modified above further teaches that the primary axle drive element and/or the secondary axle drive element (30 and 40) are/is configured as a respective differential drive spur gear ring of an axle differential [ para. 0013 teaches “opposing spider gear”; note that a spider gear is usually a type of spur gear.] Regarding claim 6, Alcanter as modified above further teaches that the differential drive spur gear (46, 48; [0013]) ring of the primary drive axle (30) meshes firstly directly or indirectly with a rotor pinion (fig. 1 and [0013]) which is seated fixedly on the rotor shaft (shaft of 26). Alcanter is silent on to thereby conjointly rotate, and meshes secondly directly or indirectly with a pump drive pin-ion which is seated fixedly on the pump drive shaft to thereby conjointly rotate; however, Versteyhs teaches that thereby conjointly rotate and meshes secondly directly or indirectly with a pump drive pin-ion (224) which is seated fixedly on the pump drive shaft (shaft of pump 206) to thereby conjointly rotate [ para. 0021 teaches that the primary take off gear 224 is a helical spur gear in driving engagement with the hydrostatic pump 206; however, it is understood that the primary take off gear 224 may be another type of gear . The primary take off gear 224 is rotatably supported within the housing 228 with a plurality of bearings; thus, rotate, and meshes secondly directly or indirectly with a pump drive pin-ion which is seated fixedly on the pump drive shaft.] the rotor shaft and the pump drive shaft are couplable mechanically directly or indirectly to one another and without involvement of the primary axle drive element. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the modified Alcanter to incorporate the teaching of Versteyhe and configure the differential drive spur gear ring to mesh secondly directly or indirectly with a pump drive pinion fixedly seated on the pump drive shaft so as to conjointly rotate, and meshes secondly directly or indirectly with a pump drive pin-ion which is seated fixedly on the pump drive shaft. Such a modification represents a predictable use of known gear-meshing and shaft-mounting techniques to achieve a predictable result of transmitting torque from a differential drive spur gear ring to the pump drive shaft. Regarding claim 7, Alcanter as modified above further teaches that the rotor shaft (drive shaft of Versteyhs) and the pump drive shaft (pump shaft of Versteyhs) are couplable mechanically directly or indirectly to one another (see claim rejection 1 above) and without involvement of the primary axle drive element (see fig. 1 of Alcanter and ‘Abstract’]. Regarding claim 8, Alcanter as modified above further teaches that the differential drive spur gear ring (fig. 1) of the secondary drive axle (24) meshes directly or indirectly with a motor output pinion (48; [0013]) which is seated fixedly on the motor output shaft (28) to thereby conjointly rotate (see fig. 4A for conjointly rotate). Regarding claim 9, Alcanter as modified above further teaches that a passenger motor vehicle (fig. 1), with a multi-axle drive unit (‘primary’ and ‘secondary’ axles; [‘abstract’]) which is configured according to claim 1 (see rejection of claim 1 above) . 07-21-aia AIA Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Alcantar in view of Versteyhe and further in view of Samorodov (UA 86624 U) . Regarding claim 3, Alcanter as modified above teaches that a disconnected position, in which the motor output shaft and the secondary axle drive element are freely rotatable with respect to one another, but fails to explicitly teach that a hydraulic motor clutch which is connected mechanically directly or indirectly on one side to the motor output shaft and on the other side to the secondary axle drive element and the remaining limitation as required by claim 3; however, Samorodov in another ‘hydrostatic mechanical transmission of a vehicle’ similar to the modified Alcanter teaches that a hydraulic motor clutch (“hydromotor friction clutch”, ‘Abstract’) which is connected mechanically directly or indirectly on one side to the motor output shaft (“drive shaft” of the motor; ‘Abstract’) and on the other side to the secondary axle drive element, to thereby allow the pump clutch (“friction clutch”, page 2) to be adjusted between a connected position (fig. 1), in which the motor output shaft (drive shaft of the motor) and the secondary axle drive element are connected (via planetary gear mechanism, see claims, pages 4-5) mechanically directly or indirectly to one another to thereby transmit torque [claims, pages 5-6 teaches that he coupling is connected to the drive shaft of the hydraulic pump, the drive shaft of the hydraulic motor through friction clutch and gear transmission connected to the carrier planetary mechanism; thus, the motor output shaft and the secondary axle drive element are connected mechanically directly or indirectly to one another to thereby transmit torque, and a disconnected position. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an electric vehicle of Alcanter to incorporate the teaching of Samorodov, such that clutch is connected mechanically directly or indirectly to one side to the motor output shaft and on the other side to the secondary axle drive element, to thereby allow the pump clutch to be adjusted between a connected position, in which the motor output shaft and the secondary axle drive element are connected mechanically directly or indirectly to transmit torque as taught by Samorodov into the invention of the modified Alcanter with a reasonable expectation of success in order to advantageously make the enhanced vehicle clutch drive ability in which the output shaft of the motor get engaged with the output shaft of the pump and deliver faster energy capture/release than the batteries with very high torque at low speeds. A skilled artisan would have recognized that constituting such a drive system constitutes a simple design choice yielding only predictable results. The motivation to combine the teaching of Samorodov into the invention of the modified Alcanter arise from the shared objective of enabling efficient hybrid dynamic driving environments. The claimed configuration doesn’t yield unexpected results and reflects routing engineering design choices based on known principles of hybrid drive system and terrain adaptability . 07-21-aia AIA Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Alcantar in view of Versteyhe and further in view of Mastroianni et al. (US Pub. 20220258604 A1; hereinafter, “Mastroianni”) . Regarding claim 10, Alcanter as modified above further teaches that a method for operating a motor vehicle ( see ‘Title’) configured according to claim 9, wherein a driving state of the motor vehicle is detected via a control (“controller”; [0003]) and sensor unit (speed sensor 76; [0017]) of the motor vehicle and, based on the detected driving state (“mode req.”; fig. 4B), the multi-axle drive unit (fig. 1), but Alcanter appeared to be silent on being switched automatically, into an operating mode, in which the secondary drive axle is driven via the hydraulic device up to a predefined driving speed of the motor vehicle which is 50 km/h; however, Mastroianni in another ‘systems and methods for disconnecting tandem axles’ similar to the modified Alcanter teaches that based on the detected driving state (“requested mode; ‘Abstract’), the multi-axle drive unit (“multi axle assembly”; ‘Abstract’), being switched automatically (“to coasting condition”, into an operating mode, in which the secondary drive axle is driven via the hydraulic device [para. 0034 teaches that in some embodiments, the one or more actuators 348 are electrical actuators, linear actuators, pneumatic actuators, hydraulic actuators , electromechanical actuators, and/or electromagnetic actuators. For example, the one or more actuators 348 may engage the clutch member 346 with the drive gear 380, thereby locking the one or more hubs 344 to the tandem axle half shaft 324 in response to a first control signal from the controller], up to a predefined driving speed of the motor vehicle which is 50 km/h [ para. 0038 teaches that the vehicle may reach a cruising speed (e.g., 50 miles/hour or greater) while traveling along a highway or may navigate a downhill slope.] Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine automatic mode switching control of Mastroianni with the speed-dependent hydraulic secondary axle of the modified Alcanter in order to optimize traction at low speeds and efficiency at higher speeds. Selecting the specific threshold speed, such as 50km/h. represents nothing more than routine calibration and design choice based on the desired vehicle performance characteristics. Therefore, it would have been obvious to configure the vehicle to automatically switch the multi-axle drive unit into an operating mode in which the secondary drive axle is driven via the hydraulic device up to a predetermined driving speed, including a speed of 50km/h, as required by claim 10 limitation . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO 2013182341 A2 to Ruprecht discloses: the present invention relates to a method for driving a motor vehicle (10) with at least two driving axles (15, 16), which are each driven by at least two electrical drive units (21, 22; 23, 24), wherein the electrical drive units (21, 22, 23, 24) are each controlled by an inverter (31, 32, 33, 34), comprising the steps of: detecting (S1) a fault in one of the inverters (31, 32, 33, 34). US6196348 B1 to Kazuhiko teaches: a first hydraulic pump P1 driven by power of an engine and a first hydraulic motor M1 are fluidly connected so as to form a closed fluid circuit. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NABIN KUMAR SHARMA whose telephone number is (703)756-4619. The examiner can normally be reached Mon - Friday: 8:00am - 5 PM EST. 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, Koppikar, Vivek can be reached on (571) 272-5109. 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. /NABIN KUMAR SHARMA/Examiner, Art Unit 3612 /VIVEK D KOPPIKAR/Supervisory Patent Examiner Art Unit 3612 April 10, 2026 Application/Control Number: 18/640,123 Page 2 Art Unit: 3612 Application/Control Number: 18/640,123 Page 3 Art Unit: 3612 Application/Control Number: 18/640,123 Page 4 Art Unit: 3612 Application/Control Number: 18/640,123 Page 5 Art Unit: 3612 Application/Control Number: 18/640,123 Page 6 Art Unit: 3612 Application/Control Number: 18/640,123 Page 7 Art Unit: 3612 Application/Control Number: 18/640,123 Page 8 Art Unit: 3612 Application/Control Number: 18/640,123 Page 9 Art Unit: 3612 Application/Control Number: 18/640,123 Page 10 Art Unit: 3612 Application/Control Number: 18/640,123 Page 11 Art Unit: 3612 Application/Control Number: 18/640,123 Page 12 Art Unit: 3612 Application/Control Number: 18/640,123 Page 13 Art Unit: 3612 Application/Control Number: 18/640,123 Page 14 Art Unit: 3612
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Prosecution Timeline

Apr 19, 2024
Application Filed
Apr 15, 2026
Non-Final Rejection mailed — §103, §112
Jul 30, 2026
Response Filed
Sep 29, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
99%
With Interview (+56.6%)
3y 4m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 53 resolved cases by this examiner. Grant probability derived from career allowance rate.

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