Prosecution Insights
Last updated: August 16, 2026
Application No. 18/841,313

VEHICLE DRIVE SYSTEM

Non-Final OA §102§103
Filed
Aug 23, 2024
Priority
Mar 02, 2022 — JP 2022-031577 +1 more
Examiner
SWENSON, BRIAN L
Art Unit
Tech Center
Assignee
Hitachi Astemo Ltd.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
769 granted / 948 resolved
+21.1% vs TC avg
Moderate +9% lift
Without
With
+9.4%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
15 currently pending
Career history
960
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
51.2%
+11.2% vs TC avg
§102
26.4%
-13.6% vs TC avg
§112
18.5%
-21.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 948 resolved cases

Office Action

§102 §103
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 Objections Claim 1 objected to because of the following informalities: the phrase “an oil accommodated in the speed reducer casing” (line 5 of Claim 1) is grammatically awkward. The examiner suggests -- where is accommodated in the speed reducer casing --. Appropriate correction is required. 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. Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2006-312353 issued to Toyota (Citation A1 in the IDS filed on 8/23/2024). Regarding Claim 1, Toyota et al. teaches in Figures 1-12 and respective portions of the specification of a vehicle drive system comprising: an electric motor (10) configured to be rotationally driven; a speed reducer (reduction gear 16) configured to reduce a rotational speed of the electric motor (10); a speed reducer casing (14) configured to house the speed reducer (16); where oil is accommodated in () the speed reducer casing (); an oil reservoir (catch tank 52) provided vertically above (see Figure 1) the electric motor (10); a pump (46) configured to send the oil stored in a lower portion of the speed reducer (16) to the oil reservoir (52); a pipe (oil passages 96, 98, 99) configured to connect the oil reservoir and the electric motor (10); a valve (electromagnetic valve 85) provided in the pipe to control conduction/interruption of the pipe; and a control device (controller 82) configured to control the electric motor (10), the speed reducer (14), the pump (46), and the valve (85), wherein the control device (82) controls start and stop of supply of oil from the oil reservoir (52) to the electric motor by the valve (85). 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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toyota, as disclosed above. Regarding Claim 3, Toyota disclose an inverter (114) but does not show its location relative to the oil reservoir (52). However, it would have been within the level of ordinary skill in the art at the time the invention was filed to locate the inverter (114) near the oil reservoir as an obvious location for positioning the inverter on the vehicle body. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toyota, as disclosed above, in view of U.S. Patent Publication No. 2011/0120107 issued to Schwark et al. Regarding Claim 4, Toyota disclose the claimed invention except for showing a breather on an upper surface of the oil reservoir, the breather being connected to a portion of the electric motor or the speed reducer where atmospheric air is released. Schwark et al. teaches of a breather assembly (78) on an upper surface of the oil reservoir (14), the breather being connected to a portion of the electric motor or the speed reducer where atmospheric air is released (see at least paragraph [0017]). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a breather on an upper surface of the oil reservoir, as taught by Schwark et al., for the vehicle drive system taught by Toyota. One would be motivated to provide a breather to prevent cavitation of the pump (as taught by Schwark et al. in paragraph [0017]) Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toyota, as disclosed above, in view of U.S. Patent No. 11,773,962 issued to Vanderlip et al. Regarding Claims 5 and 6, Toyota disclose the claimed invention except for showing the oil reservoir provided in the electric motor casing that houses the electric motor. Vanderlip et al. shows in Figure 2 a vehicle drive system that includes showing an oil reservoir (34) provided in the electric motor casing (12) that houses the electric motor (14). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to locate the oil reservoir in the electric motor casing that houses the motor, as taught by Vanderlip, for the vehicle drive system taught by Toyota to provide the advantage of providing a compact vehicle drive system. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toyota, as disclosed above, in view of U.S. Patent Publication No. 2004/0149503 issued to Faye et al. Regarding Claim 7, Toyota disclose the claimed invention except for showing a heat insulating material on the oil reservoir. Faye et al. teaches of a heat insulating material (15, 16) for a reservoir (8). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a heat insulating material for the reservoir, as taught by Faye et al., for the vehicle drive system taught by Toyota. One would be motivated to provide a a heat insulating material for the oil reservoir to reduce ambient heat from heating the reservoir. Allowable Subject Matter Claims 2, 8, 9 and 10 are 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 a statement of reasons for the indication of allowable subject matter: the primary reason for the indication of allowable subject matter in this case is the inclusion of: in re claim 2 a control device closes the valve after a vehicle stops, drives the pump to send the oil in the speed reducer casing to the oil reservoir until a predetermined time elapses, and stops the pump after the predetermined time elapses to lower an oil level of the speed reducer casing while the vehicle stops; in re claim 8 the control device maintains a state where the pump is operated in a state where the valve is opened until a set time elapses after a vehicle stops, first closes the valve after a set time elapses, and then stops the pump; and in re claim 9 the control device maintains a state where the pump is operated in a state where the valve is opened after the vehicle stops, first closes the valve after temperatures of the electric motor and the inverter become equal to or lower than a specified value, and then stops the pump, in re claim 10 the control device opens the valve and operates the pump when a temperature of the electric motor rises above a preset value after a vehicle is started, in combination with the other elements recited, not found in the prior art of record. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The next closest prior art is U.S. Patent 11,773,962 issued to Vanderlip et al. who teaches of a vehicle drive system comprising: an electric motor (14) configured to be rotationally driven; a speed reducer (16) configured to reduce a rotational speed of the electric motor (14); a speed reducer casing (12) configured to house the speed reducer (16); an oil (lubricating oil is disclosed) accommodated in () the speed reducer casing (12); an oil reservoir (34) provided vertically above (see Figure 2) the electric motor (14); a pump (100) configured to send the oil stored in a lower portion of the speed reducer to the oil reservoir; a pipe configured to connect the oil reservoir and the electric motor (14). Vanderlip does not show or suggest a valve provided in the pipe to control conduction/interruption of the pipe; and a control device that controls start and stop of supply of oil from the oil reservoir to the electric motor by the valve. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L SWENSON whose telephone number is (571)270-5572. The examiner can normally be reached Monday - Friday (9-5). 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, Allen Shriver can be reached at (303) 297-4337. 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. BRIAN SWENSON Primary Examiner Art Unit 3618 /BRIAN L SWENSON/Primary Examiner, Art Unit 3613
Read full office action

Prosecution Timeline

Aug 23, 2024
Application Filed
Aug 04, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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2y 4m to grant Granted Jul 14, 2026
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
81%
Grant Probability
90%
With Interview (+9.4%)
1y 10m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 948 resolved cases by this examiner. Grant probability derived from career allowance rate.

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