Prosecution Insights
Last updated: April 19, 2026
Application No. 18/641,763

HYBRID ELECTRIC VEHICLE

Final Rejection §102§103§112
Filed
Apr 22, 2024
Examiner
LAGUARDA, GONZALO
Art Unit
3747
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
2y 11m
To Grant
80%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
503 granted / 694 resolved
+2.5% vs TC avg
Moderate +7% lift
Without
With
+7.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
61 currently pending
Career history
755
Total Applications
across all art units

Statute-Specific Performance

§101
4.9%
-35.1% vs TC avg
§103
36.0%
-4.0% vs TC avg
§102
29.2%
-10.8% vs TC avg
§112
25.3%
-14.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 694 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: Hybrid Power Selection Based on Navigation. Please submit an amendment to the specification page in order to change the title. Claim Rejections - 35 USC § 112 This rejection is withdrawn due to the amendments made to the claims. 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) 1, 8, 10 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Park (U.S. Pat. No. 10,787,165). Regarding claim 1, Park discloses a hybrid electric vehicle comprising: an engine (110) configured to output dynamic power for traveling; a motor-generator configured to output (140) dynamic power for traveling; a battery configured to exchange (abstract discloses batteries) electric power with the motor-generator; a global positioning system (col. 12, lines 40-45) configured to detect a current position of the hybrid electric vehicle; a navigation system including a map information database (col. 4, lines 3-5), the navigation system being configured to set a traveling route based on the current position, the map information, and destination information; and a processor (240) configured to set vehicle traveling modes (fig. 1), the vehicle traveling modes including a motor traveling mode and an ordinary traveling mode (fig. 8), the motor traveling mode being a mode in which the hybrid electric vehicle travels by the dynamic power from the motor-generator in a state where operation of the engine is stopped, the ordinary traveling mode being a mode in which the hybrid electric vehicle travels by the dynamic power from the engine and the dynamic power from the motor-generator as necessary (Abstract discloses the two modes), wherein the map information includes following four motor traveling levels corresponding to four traveling sections of the traveling route: (i) a first level corresponding to a first section where there is no regulation from a public institution or setting from a user of the hybrid electric vehicle to the vehicle traveling mode; (ii) a second level corresponding to a second section where the ordinary traveling mode is permitted by the public institution (effectively these first two are identical and disclosed by the normal running sections of the citation, and col. 6, lines 17-23 discloses governmental regulations that may regulate as they see fit through different sections providing at least two types of regulation); (iii) a third level corresponding to a third section where the vehicle traveling mode has been set by the user (choosing destinations is a part of this which is disclosed); and (iv) a fourth level corresponding to a fourth section where only the motor traveling mode is permitted by the public institution (col. 3, line 58- col. 4, line 8 discloses these areas as low emission zones and everything else. Further col. 6, lines 36-41 discusses being able to create zones arbitrarily to fit other types of areas), and the processor is further configured to acquire the set traveling route from the navigation system, and assign each vehicle traveling modes to each traveling sections of the set traveling route in the order from the fourth section to the first section (shown in fig. 4 the chosen destination and the route through different regulation sections). Regarding claim 8 which depends from claim 1, Park discloses wherein the ordinary traveling mode includes a charge depleting mode (CD mode) of prioritizing electric traveling such that a state-of-charge (SOC) of the battery decreases as the hybrid electric vehicle travels and a charge sustaining mode (CS mode) of using both the electric traveling and hybrid traveling such that the SOC of the battery is maintained at a target ratio (col. 1, lines 43-48 discloses CD and CS modes), and the processor is further configured to calculate a sum of electric power consumed by the motor-generator in the first section to the fourth section, obtain a subtraction value by subtracting electric power consumed by the motor- generator in the second section, the third section, and the fourth section from the sum, compare the subtraction value and the SOC of the battery, assign the CD mode to the first section in a case where the subtraction value is equal to or smaller than the SOC of the battery, and assign the CD mode and the CS mode to the first section in a case where the subtraction value is larger than the SOC of the battery (shown in fig. 3 is the planning to ensure the destination charge is sufficient, discussed in col. 9, lines 43-47). Regarding claim 10 which depends from claim 1, Park discloses further comprising a display device configured to display the traveling sections with different motor traveling levels using at least one of a different color (shown in fig. 4), a different luminance (color option addressed), or a different brightness (color option addressed). 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. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (U.S. Pat. No. 10,787,165) as applied to claim 1 above, and in view of Imaseki (U.S. Pat. No. 8,649,924). Regarding claim 9 which depends from claim 1, Park discloses wherein the processor is further configured to set operation of the engine and a operation of the motor-generator based on the assigned vehicle traveling mode. Park does not disclose that the operation of the motor and engine is controlled through a target rotation speed or target torque. Imaseki, which deals in hybrid vehicle travel, teaches that the operation of the motor and engine is controlled through a target rotation speed (torque option addressed) or target torque (Abstract). It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Park with the torque commands of Imaseki because this allows the torque output to meet the torque request of the user through the accelerator pedal (abstract). Response to Arguments Applicant's arguments filed 10/16/25 have been fully considered but they are not persuasive. Applicant argues on pages 7 and 8 for the amendments made to the claims which have been addressed above. Further arguing for the priority order of assignment of the sections to each portion of the map is not disclosed. The citation is concerned with “green zones”, col. 3, lines 60-65, but also user defined zones, col. 6, lines 18-40. The system recognizes the authority of the municipality setting regulations and that these other zones are less formal. Allowing for the understanding of the priority of the sections claimed to be disclosed since some are identified as being from government regulations and others described as “arbitrary”. 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 GONZALO LAGUARDA whose telephone number is (571)272-5920. The examiner can normally be reached 8-5 M-Th Alt. F. 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, Logan Kraft can be reached at (571) 270-5065. 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. GONZALO LAGUARDA Primary Examiner Art Unit 3747 email: gonzalo.laguarda@uspto.gov /GONZALO LAGUARDA/Primary Examiner, Art Unit 3747
Read full office action

Prosecution Timeline

Apr 22, 2024
Application Filed
Jul 23, 2025
Non-Final Rejection — §102, §103, §112
Oct 16, 2025
Response Filed
Dec 10, 2025
Final Rejection — §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
72%
Grant Probability
80%
With Interview (+7.0%)
2y 11m
Median Time to Grant
Moderate
PTA Risk
Based on 694 resolved cases by this examiner. Grant probability derived from career allow rate.

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