Prosecution Insights
Last updated: July 17, 2026
Application No. 18/859,755

Leaning Vehicle

Non-Final OA §102
Filed
Oct 24, 2024
Priority
Jul 22, 2022 — DE 10 2022 118 407.2 +1 more
Examiner
LEMBO, AARON LLOYD
Art Unit
Tech Center
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
683 granted / 841 resolved
+21.2% vs TC avg
Moderate +13% lift
Without
With
+13.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
18 currently pending
Career history
858
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
79.2%
+39.2% vs TC avg
§102
13.7%
-26.3% vs TC avg
§112
4.9%
-35.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 841 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 ACTION 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 11-13, 15 and 18 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Mikami et al (US 4,703,825). As concerns the following, Mikami et al (US 4,703,825) discloses: 11. (New) A tilting vehicle comprising: a housing body (Mikami - 8) arranged substantially between a front wheel (Mikami - 2) and a rear wheel (Mikami - 5) and having at least one air guiding device, the air guiding device comprising at least one air guiding unit (Mikami - Figure 3), which is arranged on or in the housing body (Mikami - 8) and which comprises an air guiding duct running on or through the housing body (Mikami - 8), wherein the air guiding duct has an inlet (Mikami - 19), which is arranged on a first side of the housing body (Mikami - 8) and via which air can flow into the air guiding duct, and wherein the air guiding duct has an outlet (Mikami - 43), which is arranged on a second side of the housing body (Mikami - 8) situated opposite the first side of the housing body (Mikami - 8) and via which air can flow out of the air guiding duct. PNG media_image1.png 339 471 media_image1.png Greyscale 12. (New) The tilting vehicle according to claim 11, wherein the air guiding duct and/or the outlet (Mikami - 43) have a contour which makes it possible to deflect air that flows into the air guiding duct via the inlet (Mikami - 19) and is intended to flow out of the outlet (Mikami - 43) into a main flow direction, which runs at an inclination to the surface of the second side of the housing body (Mikami - 8) and is directed toward an underlying surface. (Mikami – Figure 3 illustrates such a configuration, at least by way of deflectors 46.) 13. (New) The tilting vehicle according to claim 11, wherein the inlet (Mikami - 19) and the outlet (Mikami - 43) of the air guiding unit (Mikami - Figure 3) are arranged offset from one another with respect to a vehicle longitudinal axis, in that the inlet (Mikami - 19) has a smaller spacing from the front wheel (Mikami - 2) than the outlet (Mikami - 43) does. (Mikami – Figure 2 illustrates such a configuration) 15. (New) The tilting vehicle according to claim 11, wherein the air guiding duct has an arcuate shape. (Mikami – Figure 3 illustrates such a configuration) 18. (New) The tilting vehicle according to claim i1, wherein the inlet (Mikami - 19) has an opening which steplessly continues an outer surface of the housing body (Mikami - 8), or wherein the inlet (Mikami - 19) comprises a funnel-like inlet (Mikami - 19), which projects beyond the outer surface of the housing body (Mikami - 8). (Mikami – Figure 3 illustrates such a stepless continuation to an outer surface. Additionally, elements 22 provide a funnel like inlet at 19) Claims 11-20 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Saito et al (US 4,709,774). As concerns the following, Saito et al (US 4,709,774) discloses: 11. (New) A tilting vehicle comprising: a housing body (Saito - 17) arranged substantially between a front wheel (Saito - 3) and a rear wheel (Saito - 6) and having at least one air guiding device, the air guiding device comprising at least one air guiding unit (Saito - 53), which is arranged on or in the housing body (Saito - 17) and which comprises an air guiding duct running on or through the housing body (Saito - 17), wherein the air guiding duct has an inlet (Saito - 48), which is arranged on a first side of the housing body (Saito - 17) and via which air can flow into the air guiding duct, and wherein the air guiding duct has an outlet (Saito - 17a), which is arranged on a second side of the housing body (Saito - 17) situated opposite the first side of the housing body (Saito - 17) and via which air can flow out of the air guiding duct. PNG media_image2.png 495 485 media_image2.png Greyscale 12. (New) The tilting vehicle according to claim 11, wherein the air guiding duct and/or the outlet (Saito - 17a) have a contour which makes it possible to deflect air that flows into the air guiding duct via the inlet (Saito - 48) and is intended to flow out of the outlet (Saito - 17a) into a main flow direction, which runs at an inclination to the surface of the second side of the housing body (Saito - 17) and is directed toward an underlying surface. (Saito – Figure 4 illustrates such a configuration, at least by way of the outward deflection at 17a.) 13. (New) The tilting vehicle according to claim 11, wherein the inlet (Saito - 48) and the outlet (Saito - 17a) of the air guiding unit (Saito - 53) are arranged offset from one another with respect to a vehicle longitudinal axis, in that the inlet (Saito - 48) has a smaller spacing from the front wheel (Saito - 3) than the outlet (Saito - 17a) does. (Saito – Figure 1 illustrates such a configuration) 14. (New) The tilting vehicle according to claim 11, wherein the inlet (Saito - 48) and the outlet (Saito - 17a) of the air guiding unit (Saito - 53) are arranged offset from one another with respect to a vehicle vertical axis. (Saito – Figure 2 illustrates such an offset) 15. (New) The tilting vehicle according to claim 11, wherein the air guiding duct has an arcuate shape. (Saito – Figure 4 illustrates such a configuration, see airflow arrows) 16. (New) The tilting vehicle according to claim 11, wherein the air guiding duct has a cross section which decreases between the inlet (Saito - 48) and outlet (Saito - 17a), from the inlet (Saito - 48) toward the outlet (Saito - 17a). (Saito – Figure 4 illustrates wherein the cross section of the duct changes, with at least some decreasing shown between the inlet and the outlet) 17. (New) The tilting vehicle according to claim 16, wherein the outlet (Saito - 17a) has a nozzle-like contour. (Saito – under the broadest reasonable interpretation, the nozzle-like contour requires that the outlet simply direct the flow of air which is accomplished by the contour of Saito.) 18. (New) The tilting vehicle according to claim i1, wherein the inlet (Saito - 48) has an opening which steplessly continues an outer surface of the housing body (Saito - 17), or wherein the inlet (Saito - 48) comprises a funnel-like inlet (Saito - 48), which projects beyond the outer surface of the housing body (Saito - 17). (Saito – Figure 4 illustrates such a stepless continuation along an outer surface.) 19. (New) The tilting vehicle according to claim 11, wherein the air guiding device comprises at least two air guiding units (Saito - 53), which are arranged running mirror- symmetrically to one another with respect to a plane of symmetry running through the vehicle vertical axis and the vehicle longitudinal axis. (Saito provides two intersecting flow paths which meet the claimed mirroring.) 20. (New) The tilting vehicle according to claim 19, wherein the air guiding ducts of the at least two air guiding units (Saito - 53) cross one another, or wherein the at least two air guiding units (Saito - 53) extend with their air guiding ducts at a spacing from one another. (Saito illustrates wherein the units effectively cross one another, internally as the flow paths come together, then part.) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON L LEMBO whose telephone number is (571)270-3065. The examiner can normally be reached Monday-Friday, 7am-4pm. 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, Nicole Coy can be reached on (571) 272-5405. 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. /AARON L LEMBO/ Primary Examiner Art Unit 3679
Read full office action

Prosecution Timeline

Oct 24, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12643482
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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
81%
Grant Probability
94%
With Interview (+13.1%)
2y 2m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 841 resolved cases by this examiner. Grant probability derived from career allowance rate.

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