Prosecution Insights
Last updated: April 19, 2026
Application No. 18/903,692

BATTERY ELECTRIC VEHICLE

Non-Final OA §102
Filed
Oct 01, 2024
Examiner
SHAAWAT, MUSSA A
Art Unit
3669
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
82%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
665 granted / 876 resolved
+23.9% vs TC avg
Moderate +6% lift
Without
With
+6.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
29 currently pending
Career history
905
Total Applications
across all art units

Statute-Specific Performance

§101
18.1%
-21.9% vs TC avg
§103
28.5%
-11.5% vs TC avg
§102
37.5%
-2.5% vs TC avg
§112
8.9%
-31.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 876 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 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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishimine et al., US pg. Pub. No. (2022/0041064) referred to hereinafter as Nishimine. As per claim 1, Nishimine teaches a battery electric vehicle comprising: an electric motor configured to serve as a driving source for the battery electric vehicle (see at least Abstract, summary); a driving operation member configured to be used to drive the battery electric vehicle (see at least Abstract, summary, Para 12-13); a pseudo shifting operation member that imitates an operation member configured to be used to perform a shifting operation of a manual transmission internal combustion engine vehicle (see at least Abstract, summary, Para 40-42); a transmission mounted between the electric motor and a drive wheel and configured to allow a driver to manually switch between a gear ratio for normal use and a low-speed gear ratio (see at least Abstract, summary, Para 40-50, 61, figs. 3-4 and 6); and a control device configured to control a motion of the battery electric vehicle in response to an operation of the driving operation member according to an operation state of the pseudo shifting operation member and a gear ratio selected by the transmission (see at least Abstract, summary, Para 40-50, 61, figs. 3-4 and 6). As per claim 2, Nishimine teaches a battery electric vehicle according to claim 1, wherein the transmission is a transfer case configured to select from four-wheel drive low gear, four-wheel drive high gear, and two-wheel drive high gear (see at least Abstract, summary, Para 40-50, 61, figs. 3-4 and 6). As per claim 3, Nishimine teaches a battery electric vehicle according to claim 1, wherein: the driving operation member includes an accelerator pedal (see at least Abstract, summary, Para 40-50, 61, figs. 3-4 and 6); the pseudo shifting operation member includes a pseudo shifter imitating a shifter of a manual transmission (see at least Abstract, summary, Para 40-50, 61, figs. 3-4 and 6); and the control device is configured to change torque of the electric motor according to an amount of operation of the accelerator pedal, a shift position selected by operating the pseudo shifter, and the gear ratio selected by the transmission (see at least Abstract, summary, Para 40-50, 61, figs. 3-4 and 6). As per claim 4, Nishimine teaches a battery electric vehicle according to claim 1, wherein: the driving operation member includes an accelerator pedal; the pseudo shifting operation member includes a pseudo shifter imitating a shifter of a manual transmission, and a pseudo clutch operation device imitating a clutch operation device; and the control device is configured to change torque of the electric motor according to an amount of operation of the accelerator pedal, a shift position selected by operating the pseudo shifter, an amount of operation of the pseudo clutch operation device, and the gear ratio selected by the transmission (see at least Abstract, summary, Para 40-50, 61, figs. 3-4 and 6). As per claim 5, Nishimine teaches a battery electric vehicle according to claim 3, wherein: the pseudo shifter is configured to select from a plurality of shift positions (see at least Abstract, summary, Para 40-50, 61, figs. 3-4 and 6); the shift positions are assigned different virtual gear ratios; and the virtual gear ratios are set in such a manner that none of combinations of the virtual gear ratio and the gear ratio selected by the transmission have a same overall gear ratio, the overall gear ratio being obtained by multiplying the virtual gear ratio by the gear ratio of the transmission (see at least Abstract, summary, Para 40-50, 61, figs. 3-4 and 6). As per claim 6, Nishimine teaches a battery electric vehicle according to claim 4, further comprising a sound generator configured to artificially generate a sound in a vehicle cabin, wherein the sound generator is configured to perform either or both of the following: increasing a sound pressure of the sound as the amount of operation of the pseudo clutch operation device increases, and increasing a frequency of the sound as the amount of operation of the pseudo clutch operation device increases (see at least Abstract, summary, Para 40-50, 61, figs. 3-4 and 6). Conclusion Please refer to from 892 for cited references. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSSA A SHAAWAT whose telephone number is (313)446-6592. The examiner can normally be reached Monday-Friday 9am-5pm. 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, Erin Piateski can be reached at 571-270-7429. 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. /MUSSA A SHAAWAT/Primary Examiner, Art Unit 3669
Read full office action

Prosecution Timeline

Oct 01, 2024
Application Filed
Jan 27, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12595070
METHOD OF OPERATING A ROTORCRAFT IN A SINGLE ENGINE OPERATION MODE
2y 5m to grant Granted Apr 07, 2026
Patent 12595049
METHOD FOR CONTROLLING A ROTORCRAFT, ASSOCIATED ROTORCRAFT AND COMPUTER PROGRAM
2y 5m to grant Granted Apr 07, 2026
Patent 12583605
FAST THRUST RESPONSE USING OPTIMAL POWER SPLITTING IN HYBRID ELECTRIC AIRCRAFT
2y 5m to grant Granted Mar 24, 2026
Patent 12583606
SYSTEMS AND METHODS FOR AIRCRAFT ENERGY OPTIMIZATION
2y 5m to grant Granted Mar 24, 2026
Patent 12576715
INFORMATION PROCESSING DEVICE AND VEHICLE
2y 5m to grant Granted Mar 17, 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
76%
Grant Probability
82%
With Interview (+6.3%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 876 resolved cases by this examiner. Grant probability derived from career allow rate.

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