Prosecution Insights
Last updated: August 06, 2026
Application No. 18/766,894

DRIVE DEVICE

Non-Final OA §102§103
Filed
Jul 09, 2024
Priority
Oct 05, 2023 — JP 2023-173791
Examiner
DANG, TINH
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Motor Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
466 granted / 547 resolved
+33.2% vs TC avg
Moderate +8% lift
Without
With
+7.8%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
19 currently pending
Career history
564
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
29.3%
-10.7% vs TC avg
§102
29.7%
-10.3% vs TC avg
§112
37.6%
-2.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 547 resolved cases

Office Action

§102 §103
CTNF 18/766,894 CTNF 91158 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED CORRESPONDENCE This is in response to the papers filed on 07/09/2024 for Application No. 18/766,894. Claims 1-6 are pending. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement The information disclosure statements (IDSs’) received on 04/07/2026 and 07/09/2024 have been considered by the examiner. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-2 and 4-6 are rejected under 35 U.S.C. §102( a)(1 ) as being anticipated by Chiba et al. (US 2022/0196130 A1) . Regarding claim 1 , Chiba discloses a drive device (figs. 1 and 2, i.e., driving device 10) comprising: a first drive unit (1) that includes a first motor (i.e., left motor 1) and a first gear (34L) that drive a left wheel of a vehicle (par. [0026], i.e., left wheel); a second drive unit (2) that includes a second motor (i.e., right motor 2) and a second gear (34R) that drive a right wheel of the vehicle (par. [0026], i.e., right wheel); a housing (15) that accommodates the first drive unit (1) and the second drive unit (2) and that is able to store a lubricant to an extent that a portion of the first gear (34L) and the second gear (34R) is immersed (pars. [0040], [0049]); and a lubricant merging portion (pars. [0040], [0049], i.e., bottom portion of the tooth part 34a) that merges the lubricant splashed up by the first gear (34L) and the lubricant splashed up by the second gear (34R). See paragraphs [0054] – [0057]. Regarding claim 2 , Chiba discloses the drive device according to claim 1, wherein the lubricant merging portion (pars. [0040], [0049], i.e., bottom portion of the tooth part 34a) includes a storage portion (18) that is able to store the lubricant, a first intake port (i.e., left inlet 17; par. [0038]) for taking the lubricant splashed up by the first gear (34L) into the storage portion (pars. [0050], [0052], i.e., oil is scooped up with the rotation of the left output gear 34L into the storage portion of reservoir 18 and guided toward the suction port 19; it is noted that this teaching is equivalent to applicant’s disclosure at par. [0031] – [0032]), a second intake port (i.e., right inlet 17; par. [0038]) for taking the lubricant splashed up by the second gear (34R) into the storage portion (pars. [0050], [0052], i.e., oil is scooped up with the rotation of the right output gear 34R into the storage portion of reservoir 18 and guided toward the suction port 19; it is noted that this teaching is equivalent to applicant’s disclosure at par. [0031] – [0032]), and one or more discharge ports (i.e., suction port 19) that discharge the lubricant from the storage portion (18) toward the first drive unit (1) and the second drive unit (2). See pars. [0038], [0039] and [0063], i.e., “ the oil in the reservoir 18 is sucked from the suction port 19 to the outside of the reservoir 18 (i.e., to the circulation path 20) by the effect of the oil pump 23. Then, the oil is pumped to the oil cooler 24 by the oil pump 23, passes through the oil cooler 24, and is again injected from the inlets 17 into the motor housings 1D and 2D and the casing 15 ”. It is noted that the oil is discharged or sucked from the suction port 19 and recirculates to the motor housings 1D and 2D via oil cooler 24 and inlets 17 or may further provided with straight oil paths serving as passages of oil to be directly provided to the coils of the motors 1 and 2 (par. [0063]). Regarding claim 4 , Chiba discloses the drive device according to claim 1, wherein: the lubricant merging portion (pars. [0040], [0049], i.e., bottom portion of the tooth part 34a) includes a flow path member includes a first flow path (i.e., left oil path 22), a second flow path (i.e., right oil path 22), a coupling portion (pars. [0038] – [0039], i.e., portion located between each end of the inlets 17 and suction port 19 of the reservoir 18) between the first flow path (i.e., left oil path 22) and the second flow path (i.e., right oil path 22), and a third flow path (par. [0039], i.e., circulation path 20); the first flow path (i.e., left oil path 22) has a first intake port (i.e., left inlet 17) for taking in the lubricant splashed up by the first gear (34L); the second flow path (i.e., right oil path 22) has a second intake port (i.e., right inlet 17) for taking in the lubricant splashed up by the second gear (34R); and the third flow path (par. [0039], i.e., circulation path 20) has one or more discharge ports (i.e., suction port 19) that extend from the coupling portion (i.e., circulation path 20 extends from the suction portion 19 of the coupling portion of the reservoir 18 between the inlets 17 and suction port 19) and that discharge the lubricant toward the first drive unit (1) and the second drive unit (2). See pars. [0038] and [0039], i.e., “ the oil in the reservoir 18 is sucked from the suction port 19 to the outside of the reservoir 18 (i.e., to the circulation path 20) by the effect of the oil pump 23. Then, the oil is pumped to the oil cooler 24 by the oil pump 23, passes through the oil cooler 24, and is again injected from the inlets 17 into the motor housings 1D and 2D and the casing 15 ”. It is noted that the oil is discharged or sucked from the suction port 19 and recirculates to the motor housings 1D and 2D via oil cooler 24 and inlets 17. Regarding claim 5 , Chiba discloses the drive device according to claim 4, wherein the lubricant merging portion (pars. [0040], [0049], i.e., bottom portion of the tooth part 34a) further includes a storage portion (18) that communicates with the first flow path (i.e., left oil path 22) and the second flow path (i.e., right oil path 22) and that is able to store the lubricant. Regarding claim 6 , Chiba discloses the drive device according to claim 4, wherein the one or more discharge ports (i.e., suction port 19) include one discharge port (19) that discharges the lubricant toward the first drive unit (1) and the second drive unit (2). See pars. [0038] and [0039], i.e., “ the oil in the reservoir 18 is sucked from the suction port 19 to the outside of the reservoir 18 (i.e., to the circulation path 20) by the effect of the oil pump 23. Then, the oil is pumped to the oil cooler 24 by the oil pump 23, passes through the oil cooler 24, and is again injected from the inlets 17 into the motor housings 1D and 2D and the casing 15 ”. It is noted that the oil is discharged or sucked from the suction port 19 and recirculates to the motor housings 1D and 2D via oil cooler 24 and inlets 17 . 07-15 AIA Claim 1 is rejected under 35 U.S.C. §102( a)(1 ) as being anticipated by Shibuya et a. (JP 2018/053996 A - machine translation, from IDS filed 04/07/2026) . Regarding claim 1 , Shibuya discloses a drive device (figs. 1-5, and the machine translation) comprising: a first drive unit (1L) that includes a first motor (i.e., electric motor 1L) and a first gear (i.e., left output gear 25a) that drive a left wheel of a vehicle (i.e., left wheel 72); a second drive unit (1R) that includes a second motor (i.e., electric motor 1R) and a second gear (i.e., right output gear 25a) that drive a right wheel of the vehicle (i.e., right wheel 72); a housing (3L,3R,20) that accommodates the first drive unit (1L) and the second drive unit (1R) and that is able to store a lubricant to an extent that a portion of the first gear (i.e., left output gear 25a) and the second gear (i.e., right output gear 25a) is immersed (par. [0049], i.e., at portion separated by annular spacer 60); and a lubricant merging portion (i.e., portion that is separated by annual spacer 60) that merges the lubricant splashed up by the first gear (i.e., left output gear 25a) and the lubricant splashed up by the second gear (i.e., right output gear 25a). See paragraphs [0048] – [0049] and [0054] – [0060]; figs. 1-2, i.e., output gears 25a/25b splashed up oil lubricant from spacer reservoir 60) . Claim Rejections - 35 USC § 103 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. 07-21-aia AIA Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Chiba as applied to the claims above and further in view of Shibuya as indicated above . Regarding claim 3 , Chiba discloses the drive device according to claim 2, wherein the one or more discharge ports (i.e., suction port 19) include a first discharge port (19) that discharges the lubricant toward the first motor (i.e., left motor 1) and the second motor (i.e., right motor 2) via left and right circulation paths 20 connected to suction port 19 (par. [0063]) but does not specifically teach a second suction or discharge port. Shibuya discloses a similar drive device, as indicated above, includes wherein the one or more discharge ports (i.e., left and right lower lubrication oil holes 50) include a second discharge port (i.e., right lower hole 50) that discharges the lubricating oil from the spacer reservoir 60. See figures 1-5 and the machine translation. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the drive device of Shiba, with a reasonable expectation of success, to include a second discharge or suction port as taught by Shibuya, doing so would improve the oil circulation to the electric motors and efficiently cool the motors. In addition, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was filed, to comprise a plurality of discharge/suction ports, as it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. See also, MPEP § 2144.05 which states: In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) ( Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies ** in the joint, and a plurality of "ribs" ** >projecting outwardly from each side of the web into one of the adjacent concrete slabs. <The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced .) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Matsuda et al. (US 2023/0184322 A1) discloses a drive device includes a single electric motor and a “speed reducer chamber 520 of the housing 50, partition plates (first partition plate 301, second partition plate 302, and third partition plate 303) that guide the lubricating oil scooped up by the gears are provided on radially outer sides of the gears”, see Figures 1 and 4-5 and par. [0070]. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tinh T Dang whose telephone number is (571)270-1776. The examiner can normally be reached Monday - Friday, 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, Ernesto Suarez can be reached at Mon-Friday from 8AM-4:30PM at (571) 270-5565. 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. /TINH T DANG/Primary Examiner, Art Unit 3655 April 16, 2026 Application/Control Number: 18/766,894 Page 2 Art Unit: 3655 Application/Control Number: 18/766,894 Page 3 Art Unit: 3655 Application/Control Number: 18/766,894 Page 4 Art Unit: 3655 Application/Control Number: 18/766,894 Page 5 Art Unit: 3655 Application/Control Number: 18/766,894 Page 6 Art Unit: 3655 Application/Control Number: 18/766,894 Page 7 Art Unit: 3655 Application/Control Number: 18/766,894 Page 8 Art Unit: 3655
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Prosecution Timeline

Jul 09, 2024
Application Filed
Apr 29, 2026
Non-Final Rejection mailed — §102, §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

1-2
Expected OA Rounds
85%
Grant Probability
93%
With Interview (+7.8%)
1y 11m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 547 resolved cases by this examiner. Grant probability derived from career allowance rate.

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