Prosecution Insights
Last updated: October 16, 2026
Application No. 18/794,206

POSITIONING STRUCTURE

Final Rejection §102
Filed
Aug 05, 2024
Priority
Nov 21, 2023 — JP 2023-197224
Examiner
BESLER, CHRISTOPHER JAMES
Art Unit
3726
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Toyota Motor Corporation
OA Round
2 (Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
618 granted / 901 resolved
-1.4% vs TC avg
Strong +41% interview lift
Without
With
+41.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
54 currently pending
Career history
955
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
39.6%
-0.4% vs TC avg
§102
18.2%
-21.8% vs TC avg
§112
37.5%
-2.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 901 resolved cases

Office Action

§102
DETAILED ACTION 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 . Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morris (U.S. Patent Application Publication Number 2014/0047697). As to claim 1, Morris teaches a positioning structure (abstract), comprising: a vehicle member including a plurality of positioning pins (figures 1 and 2, element 106 being the ‘vehicle member’ and elements 102 being the ‘plurality of positioning pins’; paragraph 28), the plurality of positioning pins including a first pin and a second pin (figures 1 and 2, elements 102); and a cover member configured to be attached to and detached from the vehicle member (figures 1 and 2, element 314 being the ‘cover member’; paragraph 30), the cover member including: a plurality of positioning holes that are elongated holes (figures 1 and 2, elements 310 being the ‘plurality of positioning holes’; paragraphs 28 and 30), the positioning pins being respectively inserted into the positioning holes (figures 1 and 2, elements 102 and 310; paragraph 30), the plurality of positioning holes including a first hole into which the first pin is inserted and a second hole into which the second pin is inserted (figures 1 and 2, elements 310 and 102), and a long axis of the first hole not being parallel to a long axis of the second hole (figure 1, elements 102, see below). PNG media_image1.png 490 808 media_image1.png Greyscale Morris further teaches a first grip portion provided at a position closest to the first hole among the positioning holes, the first grip portion overlapping the long axis of the first hole (figure 1, element 310, see below), and a second grip portion provided at a position closest to the second hole among the positioning holes, the second grip portion overlapping the long axis of the second hole (figure 1, element 310, see below). Examiner notes that this can be found because an operator may ‘grip’ either of the first and second ‘grip portions’ of the cover member, wherein the edge to be gripped is located at a portion of the cover which overlaps the long axis of the first or second elongated holes. PNG media_image2.png 522 1085 media_image2.png Greyscale As to claim 2, Morris further teaches that a height of the positioning pins inserted into the positioning holes is greater than a height of the positioning holes in a thickness direction of the second member (figure 2, elements 102, 310, and 314). Allowable Subject Matter Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is an examiner’s statement of reasons for allowance: Morris teaches the first and second grip portions being in an outer peripheral edge portion of the cover member (figure 1, element 314, see above). However, Morris does not teach the first and second grip portions being recess portions in the outer peripheral edge portion of the cover member, as recited by claim 4. Furthermore, because Morris teaches the cover member being a thin member (figure 2, element 314), forming the first and second grip portions as recess portions would not be obvious to one skilled in the art. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Response to Arguments Applicant's arguments filed August 26, 2026 have been fully considered but they are not persuasive. Applicant argues, on pages 6 – 7, that edge portions of the cover member of Morris cannot reasonably be considered to be ‘grip portions’ because Morris does not teach a user gripping these portions of the cover member. Examiner disagrees. Examiner notes that the claims are directed towards an apparatus (“positioning structure”) rather than a method. Therefore, the claims do not positively require a step of a user ‘gripping’ the ‘grip portions’ of the cover member. Rather, the claims merely require the cover member to require at least two ‘grip portions.’ The term ‘grip portions’ is being reasonably interpreted by the Examiner as a ‘portion of the cover member configured to be gripped.’ Because one skilled in the art would have recognized that a user could ‘grip’ the given edge sections of the cover member (figure 1, see above), these edge sections are being reasonably interpreted by the Examiner as ‘grip portions.’ Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Renke (U.S. Patent Application Publication Number 2021/0331755) teaches a positioning structure comprising: a vehicle member including a plurality of positioning pins, the plurality of positioning pins including a first pin and a second pin; and a cover member configured to be attached to and detached from the vehicle member, the cover member including a plurality of positioning holes, the plurality of positioning pins being respectively inserted into the positioning holes, the plurality of positioning holes including a first hole into which the first pin is inserted and a second hole into which the second pin is inserted, a first grip portion provided at a position closest to the first hole among the positioning holes, and a second grip portion provided at a position closest to the second hole among the positioning holes. Davis (U.S. Patent Application Publication Number 2016/0021982) teaches a positioning structure comprising: a vehicle member including a plurality of positioning pins, the plurality of positioning pins including a first pin and a second pin; and a cover member configured to be attached to and detached from the vehicle member, the cover member including a plurality of positioning holes, the plurality of positioning pins being respectively inserted into the positioning holes, the plurality of positioning holes including a first hole into which the first pin is inserted and a second hole into which the second pin is inserted, a first grip portion provided at a position closest to the first hole among the positioning holes, and a second grip portion provided at a position closest to the second hole among the positioning holes. 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 CHRISTOPHER BESLER whose telephone number is (571)270-5331. The examiner can normally be reached Monday - Friday, 10:30 am - 7:30 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, Thomas Hong can be reached at (571) 272-0993. 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. /CHRISTOPHER J. BESLER/Primary Examiner, Art Unit 3726
Read full office action

Prosecution Timeline

Aug 05, 2024
Application Filed
Jun 08, 2026
Non-Final Rejection mailed — §102
Aug 26, 2026
Response Filed
Sep 16, 2026
Final Rejection mailed — §102 (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
69%
Grant Probability
99%
With Interview (+41.0%)
3y 2m (~1y 0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 901 resolved cases by this examiner. Grant probability derived from career allowance rate.

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