Prosecution Insights
Last updated: July 17, 2026
Application No. 18/775,650

VEHICLE

Non-Final OA §102§103
Filed
Jul 17, 2024
Priority
Mar 31, 2022 — CN 202210346559.4 +1 more
Examiner
WU, LORI SOUTHARD
Art Unit
Tech Center
Assignee
BYD Company Limited
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
361 granted / 409 resolved
+28.3% vs TC avg
Moderate +6% lift
Without
With
+6.3%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
22 currently pending
Career history
425
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
45.7%
+5.7% vs TC avg
§102
20.1%
-19.9% vs TC avg
§112
31.8%
-8.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 409 resolved cases

Office Action

§102 §103
DETAILED ACTION This is the first Office action on the merits of Application No. 18/775,650. Claims 1-20 are pending. 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 7/17/2024, 7/24/2024, 8/20/205, and 1/13/2026 has been considered by the examiner. Drawings The drawings are objected to because there are two instances of reference numeral 2012, one instance misses a leader line and may either be deleted or leader line added, Fig. 10. 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. 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. 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 (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. 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 1, 3-5, 15, 17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ashraf (US Patent Publication 20170001507, cited on IDS). Regarding claim 1, Ashraf discloses a vehicle, comprising: an underbody (100); a front subframe (102) connected to the underbody; and a battery pack (battery sub-assembly 106, battery pack 190) connected to the underbody disposed on a lower side of the underbody (Fig. 3), wherein a rear end surface (158) of the front subframe comprises a limiting surface for the battery pack to extend forward, and at least a part of an upper surface (162 and paragraph [0052], “the cover 172 of the battery sub-assembly 106 may be the middle panel 162, such that the cover 172 can form a floor section extending longitudinally along the middle section 116”) of the battery pack forms a portion of a floor of a vehicle body. Regarding claim 3, Ashraf discloses the vehicle according to claim 1, wherein the underbody further comprises: a left rocker rail (144); and a right rocker rail (142) disposed opposite to the left rocker rail in a width direction of the vehicle body, the battery pack being connected and mounted to the left rocker rail and the right rocker rail (Fig. 3). Regarding claim 4, Ashraf discloses the vehicle according to claim 1, wherein the underbody further comprises: a left rocker rail (144); and a right rocker rail (142) disposed opposite to the left rocker rail in a width direction of the vehicle body, wherein a front end surface of the battery pack extends beyond a front end surface of the left rocker rail and a front end surface of the right rocker rail in a length direction of the vehicle body (shown in Fig. 3). Regarding claim 5, Ashraf discloses the vehicle according to claim 1, wherein the underbody further comprises: a front cross beam (e.g. 156); a left rocker rail (144); and a right rocker rail (142) disposed opposite to the left rocker rail in a width direction of the vehicle body, an extending length of the front cross beam in the width direction of the vehicle body being greater than a distance from an inner surface of the left rocker rail to an inner surface of the right rocker rail (shown in Fig. 3), and projections of a front end surface of the left rocker rail and a front end surface of the right rocker rail in the width direction of the vehicle body overlapping a projection of the front cross beam in the width direction of the vehicle body (Fig. 3). Regarding claim 15, Ashraf discloses the vehicle according to claim 1, wherein the battery pack comprises: an upper housing; a lower housing; and at least one battery core, wherein the upper housing and the lower housing form an accommodating space, and the at least one battery core is disposed in the accommodating space, wherein at least a part of the upper surface of the upper housing forms a portion of the floor of the vehicle body (e.g. Fig. 3). Regarding claim 17, Ashraf discloses the vehicle according to claim 15, wherein the at least one battery core comprises a plurality of battery cores, a length direction of the battery cores is a length direction of the vehicle body, and the battery cores are disposed side by side in a width direction of the vehicle body (Fig. 10). Regarding claim 20, Ashraf discloses the vehicle according to claim 1, further comprising a seat cross beam extending in a width direction of the vehicle body and disposed on the underbody; and a battery pack reinforcing beam extending in the width direction of the vehicle body and disposed on the battery pack, wherein the battery pack reinforcing beam is connected to the seat cross beam (e.g. Fig. 13, 147 and 149). Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harada (Japanese document JPH06270692, cited on IDS). Regarding claim 1, Harada discloses a vehicle, comprising: an underbody; a front subframe (15) connected to the underbody; and a battery pack (12) connected to the underbody disposed on a lower side of the underbody, wherein a rear end surface (15A) of the front subframe comprises a limiting surface for the battery pack to extend forward, and at least a part of an upper surface (floor pan) of the battery pack forms a portion of a floor of a vehicle body. Regarding claim 2, Harada discloses the vehicle according to claim 1, wherein a minimum distance between a front end surface of the battery pack and the rear end surface of the front subframe is d1, wherein d1 satisfies: 10 mm≤d1≤100 mm (paragraph [0024], “60 mm”). Regarding claim 3, Harada discloses the vehicle according to claim 1, wherein the underbody further comprises: a left rocker rail (13); and a right rocker rail (other 13) disposed opposite to the left rocker rail in a width direction of the vehicle body, the battery pack being connected and mounted to the left rocker rail and the right rocker rail (Fig. 9). 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. Claims 6-11, 13-14, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Harada (Japanese document JPH06270692, cited on IDS) in view of Yang (Chinese document CN114083972, cited on IDS). Regarding claim 6, Harada discloses the vehicle according to claim 3, wherein the underbody further comprises: and A-pillars disposed opposite to the beam, and two ends beam connected to the A-pillars (Fig. 8). Harada does not disclose a front cross beam. Yang discloses the vehicle wherein the underbody further comprises: a front cross beam (near rear end portion 111); and A-pillars (Fig. 1) disposed opposite to the front cross beam, and two ends of the front cross beam connected to the A-pillars (via 113). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Harada to incorporate the front cross beam of Yang with a reasonable expectation of success as this connection allows for sealing of the battery pack and vehicle body (see abstract). Regarding claim 7, Harada, as modified by Yang, discloses the vehicle according to claim 6, wherein the underbody further comprises a front longitudinal beam (Yang, 111) connected to the front cross beam, a rear side of the front longitudinal beam comprises an upper-side force transmission structure and a lower-side force transmission structure (Yang, e.g. Fig. 3), a rear end of the upper-side force transmission structure is connected to the front cross beam, and a rear end bottom surface (Yang, 1141) of the lower-side force transmission structure is spaced apart from the battery pack (Yang, 12) in a height direction of the vehicle body to form a sealed gap (Yang, Fig. 6). Regarding claim 8, Harada, as modified by Yang, discloses the vehicle according to claim 7, wherein the lower-side force transmission structure is a Y-shaped structure (Yang, e.g. Fig. 3); or the lower-side force transmission structure is connected to the left rocker rail, the right rocker rail, and a central channel. Regarding claim 9, Harada, as modified by Yang, discloses the vehicle according to claim 7, wherein the rear end bottom surface of the lower-side force transmission structure is parallel to a top surface of the battery pack (Yang, e.g. Fig. 6). Regarding claim 10, Harada, discloses the vehicle according to claim 1. Harada does not disclose a front longitudinal beam. Yang discloses the underbody further comprises a front longitudinal beam (111), a rear end bottom surface (1141) of the front longitudinal beam is spaced apart from a top surface of the battery pack in a height direction of the vehicle body to form a sealed gap (Fig. 6), and the rear end bottom surface of the front longitudinal beam is parallel to the top surface of the battery pack (Fig. 6). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Harada to incorporate the front longitudinal beam of Yang with a reasonable expectation of success as this connection allows for sealing of the battery pack and vehicle body (see abstract). Regarding claim 11, Harada, as modified by Yang, discloses the vehicle according to claim 10, wherein the front longitudinal beam comprises: a left-front longitudinal beam; and a right-front longitudinal beam spaced apart from the left-front longitudinal beam in a left-right direction of the vehicle body, a bottom cross beam (Yang, central portion of 111) connected between the left-front longitudinal beam and the right-front longitudinal beam, a bottom surface of the bottom cross beam spaced apart from the top surface of the battery pack in the height direction of the vehicle body (Yang, Figs. 3-4), and the bottom surface of the bottom cross beam being parallel to the top surface of the battery pack (Yang, Fig. 6). Regarding claim 13, Harada discloses the vehicle according to claim 12. Harada does not disclose the middle cross bear. Yang discloses the underbody further comprises: a middle cross beam (112); and two rear longitudinal beams disposed spaced apart, wherein the middle cross beam extends in the width direction of the vehicle body, and is connected to the rear longitudinal beams and the left rocker rail and the right rocker rail (113). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Harada to incorporate the beams of Yang with a reasonable expectation of success as this connection allows for sealing of the battery pack and vehicle body (see abstract). Regarding claim 14, Harada, as modified by Yang, discloses the vehicle according to claim 13, wherein a lower surface of the middle cross beam is spaced apart from a top surface of the battery pack in a height direction of the vehicle body to form a sealed gap; or subframe mounting bases are disposed at an interval on the middle cross beam (Yang, Fig 6). Regarding claim 18, Harada discloses the vehicle according to claim 3. Harada does not disclose sealing plate. Yang discloses a sealing plate assembly disposed on the underbody, wherein the upper surface of the battery pack is connected to the sealing plate assembly, and the sealing plate assembly comprises a sealing plate, and the vehicle comprises at least one sealing member, the at least one sealing member is disposed between the sealing plate and the battery pack (Fig. 6). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Harada to incorporate the sealing plate of Yang with a reasonable expectation of success as this connection allows for sealing of the battery pack and vehicle body (see abstract). Regarding claim 19, Harada, as modified by Yang, discloses the vehicle according to claim 18, wherein the sealing plate comprises a first plane portion, the battery pack comprises a second plane portion, the first plane portion is disposed opposite to the second plane portion, and the at least one sealing member is disposed between the first plane portion and the second plane portion (Yang, Fig 6); or the sealing plate comprises a left sealing plate section and a right sealing plate section, a left end of the left sealing plate section comprises a left bent edge, and the left sealing plate section is connected to the left rocker rail through the left bent edge; a right end of the right sealing plate section comprises a right bent edge, and the right sealing plate section is connected to the right rocker rail through the right bent edge; and the sealing plate further comprises a front sealing plate section and a rear sealing plate section, the front sealing plate section is connected to a front longitudinal beam, and the rear sealing plate section is connected to a middle cross beam. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Harada (Japanese document JPH06270692, cited on IDS). Regarding claim 12, Harada discloses the vehicle according to claim 3, further comprising: a subframe connected to the underbody, wherein a front end surface of the subframe comprises a limiting surface for the battery pack to extend backward (Fig. 6). Harada does not disclose the subframe is the rear subframe, however it would be obvious for ease and consistency of assembly to have a similar arrangement between the front and rear. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Harada to incorporate rear subframe and limiting surface with a reasonable expectation of success for ease and consistency of assembly to have a similar arrangement between the front and rear. Furthermore, it has been held that a mere duplication of part is a matter of design choice (MPEP 2144.04(VI)(B)). Claims 16 is rejected under 35 U.S.C. 103 as being unpatentable over Ashraf (US Patent Publication 20170001507, cited on IDS) in view of Stephens (US Patent Publication 20200398652). Regarding claim 16, Ashraf discloses the vehicle according to claim 15, wherein the at least one battery core is connected to the upper housing of the battery pack. Ashraf does not disclose a cooling plate. Stephens discloses the vehicle according to claim 15, wherein the at least one battery core is connected to the upper housing of the battery pack, and a top surface of the at least one battery core is bonded with the upper housing of the battery pack; or the lower housing of the battery pack is a cooling plate, and a bottom surface of the at least one battery core is bonded with the lower housing of the battery pack through a thermal adhesive (Figs. 2-4, e.g. paragraph [0032]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Harada to incorporate the cooling plate of Stephens with a reasonable expectation of success for the recognized advantage of transferring the heat away for the batteries. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nomura (US Patent Publication 20170217296) discloses a vehicle with frame and rails. Kecalevic (US Patent Publication 20220017152) discloses a vehicle with underbody. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORI WU whose telephone number is (469)295-9111. The examiner can normally be reached Tues-Thurs 8:00-5:00 CST. 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 (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. /LORI WU/ Primary Examiner, Art Unit 3655
Read full office action

Prosecution Timeline

Jul 17, 2024
Application Filed
Jun 17, 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
88%
Grant Probability
95%
With Interview (+6.3%)
1y 11m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 409 resolved cases by this examiner. Grant probability derived from career allowance rate.

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