Prosecution Insights
Last updated: October 02, 2026
Application No. 18/859,599

Method for Adjusting a Downforce of a Tilting Vehicle When Cornering and Tilting Vehicle

Non-Final OA §102
Filed
Oct 24, 2024
Priority
Jul 25, 2022 — DE 10 2022 118 511.7 +1 more
Examiner
LE, HUAN G
Art Unit
Tech Center
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
729 granted / 824 resolved
+28.5% vs TC avg
Moderate +14% lift
Without
With
+13.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
14 currently pending
Career history
834
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
22.5%
-17.5% vs TC avg
§102
27.2%
-12.8% vs TC avg
§112
43.2%
+3.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 824 resolved cases

Office Action

§102
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 . DETAILED CORRESPONDENCE This is the first Office Action on the merits of Application 18/859,599 filed on 10/24/24. Claims 11-20 are pending. Claims 1-10 have been cancelled due to a preliminary amendment. 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 10/24/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claims 11-20 are objected to because of the following informalities: Claim 11 Line 6: “the longitudinal direction” should be amended as -- a longitudinal direction --. Line 8: “the longitudinal axis” should be amended as -- a longitudinal axis --. Line 16: “the vertical axis” should be amended as -- a vertical axis --. Claim 13 Line 3: “the user” should be amended as -- a user --. Claim 15 Line 2: “a rotation axis” should be amended as -- the rotation axis --. Claim 19 Line 1: “ A tiling” should be amended as -- The tilting --. Line 2: “at least one load-bearing support structure and having at least one” should be amended as -- the at least one load-bearing support structure and having the at least one --. Line 3: “at least one aerodynamically” should be amended as – the at least one aerodynamically --. Line 7: “a bearing unit” should be amended as -- the bearing unit --. Line 7: “a rotation axis” should be amended as -- the rotation axis --. Line 9: “a downforce” should be amended as -- the downforce --. Line 10: “at least one” should be amended as -- the at least one --. Line 12: “an angle” should be amended as -- the angle --. Lines 12 & 13: “a horizontal” should be amended as -- the horizontal --. Claims 12, 14, 16-18 & 20 are also objected to for being dependent upon an objected base claim. Appropriate correction is required. 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. Claims 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 211308833 to Sun (applicant cited reference ). Claim 11 A method for adjusting a downforce of a tilting vehicle when cornering, wherein the tilting vehicle comprises at least one load-bearing support structure (e.g. 101) and at least one aerodynamically effective profile apparatus, wherein the profile apparatus comprises at least one aerodynamically effective profile body (e.g. 16) which is arranged on the support structure of the tilting vehicle and around which ambient air flows transversely relative to the longitudinal direction thereof when the tilting vehicle moves, and which is fixed to the support structure by way of a bearing unit (e.g. 11) so as to be able to be rotated or pivoted about a rotation axis (e.g. concentric with 11) which extends parallel or obliquely relative to the longitudinal axis of the tilting vehicle and by way of which, when ambient air flows around, a downforce can be produced and transmitted to the support structure (see page 2, last paragraph of translated document), and wherein the profile apparatus comprises at least one adjustment device (e.g. 141), by way of which the profile body can be rotated or pivoted relative to the support structure about the rotation axis in order to adjust an angle between the longitudinal direction of the profile body and a horizontal and can be fixed (see Fig 7 for angles and the horizontal), the method having the steps of: a. detecting a tilting movement of the tilting vehicle in a tilting direction and detecting a tilting angle between the vertical axis of the tilting vehicle and a perpendicular by way of the adjustment device; b. rotating or pivoting the at least one profile body by way of the adjustment device about the rotation axis in a rotation direction counter to the tilting direction when the detected tilting angle reaches or exceeds a specific tilting angle which is or can be stored in the adjustment device (see page 4, paragraph 6 of translated document, as the vehicle is inclined, the angle displacement sensor sends the angle offset to control the motor, the specific tilting angle being greater than 0). Claim 12 The method according to claim 11, wherein the at least one profile body with a substantially parallel arrangement of the vertical axis of the tilting vehicle with respect to the perpendicular can be arranged in a basic position (see Fig 6), in which the angle between the longitudinal direction of the profile body and the horizontal defines a basic position angle, and wherein the at least one profile body with an inclined arrangement of the vertical axis of the tilting vehicle with respect to the perpendicular can be arranged in a tilting position (see Fig 7), in which the angle between the longitudinal direction of the profile body and the horizontal defines a tilting position angle which with respect to the basic position angle is offset by the rotation or pivoting about the rotation axis in the rotation direction counter to the tilting direction. Claim 13 The method according to claim 12, wherein the basic position angle substantially includes 0° (e.g. horizontal position, see Fig 6) or the basic position angle includes a low drag angle which is adjusted automatically or by the user and at which a downforce produced by the profile body is reduced with respect to a basic position angle of 0°. Claim 14 The method according to claim 12, wherein the tilting position angle is: offset with respect to the basic position angle by the tilting angle as a result of the rotation or pivoting about the rotation axis in the rotation direction counter to the tilting direction when the tilting angle is smaller than the specific tilting angle (see Fig 7, the wind wings are rotated to counter the tilting direction by staying horizontal to floor), offset with respect to the basic position angle by the difference from the tilting angle and specific tilting angle as a result of the rotation or pivoting about the rotation axis in the rotation direction counter to the tilting direction when the tilting angle is greater than the specific tilting angle, or offset with respect to the basic position angle by the tilting angle as a result of the rotation or pivoting about the rotation axis in the rotation direction counter to the tilting direction when the tilting angle is greater than the specific tilting angle and in particular includes 0* with respect to the horizontal. Claim 15 The method according to claim 11, comprising a rotation or pivoting of the at least one profile body by the adjustment device about a rotation axis (e.g. concentric with 11) which extends parallel or obliquely with respect to the transverse axis of the tilting vehicle by the adjustment device in order to adjust an angle of attack which is defined by an angle between the transverse axis of the profile body and horizontal (Fig 5 shows an angle of attack of the wind wing relative to transverse axis and the horizontal). Claim 16 The method according to claim 11, wherein the profile apparatus comprises at least two aerodynamically effective profile bodies which are arranged on the support structure of the tilting vehicle and which are flowed around by ambient air transversely to the longitudinal direction thereof when the tilting vehicle moves (see Fig 6). Claim 17 The method according to claim 16, wherein at least two of the at least two profile bodies are arranged in a mirror-symmetrical manner (see Fig 6, symmetrical about 146) relative to each other with respect to a plane through the longitudinal axis and the vertical axis of the tilting vehicle and/or in that at least two of the at least two profile bodies are arranged offset relative to each other with respect to a plane (shown by line passing through 143 horizontally) through the longitudinal axis and the vertical axis of the tilting vehicle in the longitudinal direction of the tilting vehicle. Claim 18 The method according to claim 16, wherein the at least two profile bodies can be controlled by the adjustment device together (e.g. via 141) or independently of each other with respect to their basic position angle, tilting position angle and/or the angle of attack. Claim 19 A tilting vehicle which can be operated in accordance with the method of claim 11, comprising at least one load-bearing support structure (e.g. 101) and having at least one aerodynamically effective profile apparatus which comprises at least one aerodynamically effective profile body (e.g. 16) which is arranged on the support structure of the tilting vehicle and which is flowed around by ambient air transversely relative to the longitudinal direction thereof when the tilting vehicle moves, and which is secured to the support structure by way of a bearing unit (e.g. 11) so as to be able to be rotated or pivoted about a rotation axis (e.g. concentric with 11) which extends parallel or obliquely with respect to the longitudinal axis of the tilting vehicle and by way of which a downforce can be produced and transmitted to the support structure when ambient air flows around, and which comprises at least one adjustment device (e.g. 141), by way of which the profile body can be rotated or pivoted relative to the support structure about the rotation axis in order to adjust an angle between the longitudinal direction of the profile body and a horizontal and can be fixed. Claim 20 The tilting vehicle according to claim 19, wherein at least one of the at least one profile bodies comprises a winglet (e.g. 16, Figs. 3-6). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUAN LE whose telephone number is (571)270-3122. The examiner can normally be reached on Monday - Friday 9:00am - 5:00pm PST. 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, Jacob Scott can be reached on 571-270-3415. 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 http://pair-direct.uspto.gov. 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. /HUAN LE/Primary Examiner, Art Unit 3655
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Prosecution Timeline

Oct 24, 2024
Application Filed
Sep 14, 2026
Non-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

1-2
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+13.5%)
2y 0m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 824 resolved cases by this examiner. Grant probability derived from career allowance rate.

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