Prosecution Insights
Last updated: July 17, 2026
Application No. 18/850,411

INDUSTRIAL VEHICLE

Non-Final OA §102§103
Filed
Sep 24, 2024
Priority
Mar 30, 2022 — JP 2022-057417 +1 more
Examiner
JOHNS, HILARY LYNN
Art Unit
3654
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Group
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
559 granted / 684 resolved
+29.7% vs TC avg
Strong +16% interview lift
Without
With
+16.0%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
18 currently pending
Career history
695
Total Applications
across all art units

Statute-Specific Performance

§103
75.6%
+35.6% vs TC avg
§102
14.4%
-25.6% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 684 resolved cases

Office Action

§102 §103
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 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. Claims 1-3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakazawa et al. (US 2015/0298950 A1). Regarding claim 1, Nakazawa et al. discloses an industrial vehicle (forklift 1), comprising: a vehicle main body (body 10) into which a wind (W) is drawn from a front; a cabin (top plate 40, front stay 43, rear stay 44, and battery hood 33) arranged on the vehicle main body; a material-handling device (fork 13, mast 14, and mast cylinder 15) arranged in a front portion of the vehicle main body; a material-handling motor (motor 52) arranged inside the vehicle main body, below the cabin; a traction motor (motor 50) arranged inside the vehicle main body, below the cabin; a motor controller (control device 57) arranged inside the vehicle main body, below the cabin, the motor controller controlling the material-handling motor and the traction motor (Para. 0064); a battery (battery 30) serving as a power source for the material-handling motor and the traction motor; and a cooling fan (fans 56 & 63) arranged inside the vehicle main body, wherein the battery is arranged rearward from the cabin in a rear portion of the vehicle main body (a portion of battery 30 is positioned rearward of rear stay 44; Fig. 1), the motor controller is arranged frontward from the battery (Figs. 1 & 3), the material-handling motor and the traction motor are arranged frontward from the cooling fan (Paras. 008-0068; Figs. 1-8), an accommodation space (the space shown in Fig. 6) extending from a front end of the vehicle main body to the cooling fan is defined inside the vehicle main body, the traction motor and the material-handling motor are accommodated in the accommodation space, a duct (air passage 61) is arranged rearward from the accommodation space, the duct is open at the rear end surface of the vehicle body, and the cooling fan discharges the wind, flowing from the front to a rear of the vehicle main body, out of the vehicle body from the rear end surface of the vehicle body through the duct in a rear of the material-handling motor and the traction motor (Fig. 5). Regarding claim 2, Nakazawa et al. discloses the industrial vehicle according to claim 1. Nakazawa et al. further discloses comprising at least one of an intake regulating plate (support members 6L & 6R) and a guide regulating plate (heat sink 60), wherein the intake regulating plate projects frontward from a front end of the vehicle main body and allows the wind to be drawn into the vehicle main body, and the guide regulating plate is arranged inside the vehicle main body, below the cabin, and guides the wind toward the cooling fan (an 63; Paras. 0041, 0052, 0055-0057; Figs. 3-8). Regarding claim 3, Nakazawa et al. discloses the industrial vehicle according to claim 1. Nakazawa et al. further discloses comprising a lower cover, wherein the lower cover covers (bottom 2B) the accommodation space from below (Paras. 0038, 0042, 0051; Figs. 1, 3, 4 & 6). Regarding claim 5, Nakazawa et al. discloses the industrial vehicle according to claim 3. Nakazawa et al. further discloses wherein the motor controller includes: a control unit (control device 57) that controls the material-handling motor and the traction motor (Para. 0064); and a fan (fans 56 & 63) that cools the control unit, and the fan faces the accommodation space (Fig. 6). 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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Nakazawa et al. in view of Saito (JP 06-083438 U). Regarding claim 4, Nakazawa et al. discloses the industrial vehicle according to claim 3. Nakazawa et al. differs from the invention as claimed because Nakazawa et al. does not disclose wherein the lower cover includes an inclined portion located between the front end of the vehicle main body and the cooling fan, and the inclined portion is inclined upward toward the cooling fan as the inclined portion extends from a front to a rear. Saito, however, teaches wherein the lower cover includes an inclined portion located between the front end of the vehicle main body and the cooling fan, and the inclined portion is inclined upward toward the cooling fan as the inclined portion extends from a front to a rear (Paras. 0008-0009; Figs. 1). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have included wherein the lower cover includes an inclined portion located between the front end of the vehicle main body and the cooling fan, and the inclined portion is inclined upward toward the cooling fan as the inclined portion extends from a front to a rear as taught by Saito on the invention of Nakazawa et al. for the purpose of maximizing the efficiency of the device by restricting upward diffusion of the air. Citation of Pertinent Prior Art The prior art made of record and cited on PTO Form 892 is considered pertinent to applicant’s disclosure. Conclusion The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entire prior art as applicable as to the limitations of the claims. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire references as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Inquiry Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY LYNN JOHNS whose telephone number is (313) 446-4852. The examiner can normally be reached on 9:00-5:30. 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, J Allen Shriver can be reached on 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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HILARY L JOHNS/Examiner, Art Unit 3613 /JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613
Read full office action

Prosecution Timeline

Sep 24, 2024
Application Filed
Jun 26, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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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
82%
Grant Probability
98%
With Interview (+16.0%)
1y 11m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 684 resolved cases by this examiner. Grant probability derived from career allowance rate.

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