Prosecution Insights
Last updated: August 14, 2026
Application No. 18/909,288

ELECTRIC DELIVERY TRUCK CONTROL SYSTEM FOR HUB MOTOR CONTROL

Non-Final OA §103
Filed
Oct 08, 2024
Priority
Aug 28, 2023 — continuation of 12/109,883
Examiner
KINGSLAND, KYLE J
Art Unit
3663
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Workhorse Group Inc.
OA Round
3 (Non-Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
10m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
185 granted / 237 resolved
+26.1% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
25 currently pending
Career history
261
Total Applications
across all art units

Statute-Specific Performance

§101
7.7%
-32.3% vs TC avg
§103
46.0%
+6.0% vs TC avg
§102
24.4%
-15.6% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 237 resolved cases

Office Action

§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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 4, 2026 has been entered. Response to Arguments Applicant’s arguments, see Page 24, filed May 4, 2026, with respect to claim objections have been fully considered and are persuasive. The claim objections have been withdrawn. Applicant’s arguments, see Pages 24-28, filed May 4, 2026, with respect to the rejection(s) of claim(s) 1-20 under U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Sato (US 20080302590). Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 116572756; hereinafter Wang; already of record from IDS; See annotated English translation of April 3, 2025 for page and line numbers) in view of Payne et al. (US 20210094405; hereinafter Payne; already of record from IDS) in view of Sato (US 20080302590). In regards to claim 1, Wang discloses of an electric delivery truck control system to automatically manage a plurality of hub motor parameters associated with a plurality of hub motors of an electric delivery truck as the electric delivery truck operates (“The invention claims a method for calculating automobile torque of hub motor, which limits the torque output by the hub motor by considering the change of the power output capacity of the power battery caused by the high voltage accessory according to the charging and discharging capacity of the power battery, and solves the problem of over-charging or over-discharging of the power battery of the hub motor automobile.” (Abstract)), comprising: a plurality of sensors associated with the hub motors of the electric delivery truck that is configured to detect the hub motor parameters associated with the hub motors, wherein the hub motor parameters are indicative to an operation of the hub motors of the electric delivery truck as the electric delivery truck maneuvers on a roadway (“According to the above solution, the specific steps of updating the basic torque of the hub motor are as follows: setting gamma as accelerator pedal or brake pedal opening percentage, gamma belongs to [0, 1]; T (w) i is the outer characteristic torque corresponding to the actual rotating speed w of the ith hub motor; obtaining the change value delta Tai calculated by the vehicle basic drive skid-proof or yaw stability requirement according to each wheel slip rate and yaw angle state of the vehicle, setting delta Tai as 0, negative number or positive number; taking the basic torque T (k) i of the ith hub motor at k moment as the driving intention torque calculated based on the accelerator pedal and the brake pedal; if the delta Tai of each wheel is different, the T (k-1) i is different from each other in positive and negative, the basic torque of the hub motor is updated as follows: T (k-1) i=T (k) i; T (k) i = y *T (w) i-delta Tai. The beneficial effects of the present invention are: 1. A method for calculating automobile torque of hub motor of the invention limits the torque output by the hub motor by considering the power output ability change of the power battery caused by the high voltage accessory according to the charging and discharging ability of the power battery, which solves the problem of over-charging or over-discharging of the power battery of the hub motor automobile.” (Page 5 lines 15-24), See also Page 8 lines 1-8, Page 3 lines 17-27); an electric delivery truck control unit (EV-ECU) associated with the electric delivery truck and comprising a first processor and a first memory having a first plurality of instructions stored therein, that in response to execution by the first processor (“A reasonable control algorithm must be designed to avoid the fault of over-charging or over-discharging of the ground power battery caused by over-large output driving or braking torque of the hub motor of the whole vehicle.” (Page 2 lines 17-19), See also Abstract, claims 1 and 10), causes the EV-ECU to: detect a plurality of electric delivery truck control inputs generated from the operation of the electric delivery truck as the electric delivery truck maneuvers along the roadway (“According to the above solution, the specific steps of updating the basic torque of the hub motor are as follows: setting gamma as accelerator pedal or brake pedal opening percentage, gamma belongs to [0, 1]; T (w) i is the outer characteristic torque corresponding to the actual rotating speed w of the ith hub motor; obtaining the change value delta Tai calculated by the vehicle basic drive skid-proof or yaw stability requirement according to each wheel slip rate and yaw angle state of the vehicle, setting delta Tai as 0, negative number or positive number; taking the basic torque T (k) i of the ith hub motor at k moment as the driving intention torque calculated based on the accelerator pedal and the brake pedal; if the delta Tai of each wheel is different, the T (k-1) i is different from each other in positive and negative, the basic torque of the hub motor is updated as follows: T (k-1) i=T (k) i; T (k) i = y *T (w) i-delta Tai. The beneficial effects of the present invention are: 1. A method for calculating automobile torque of hub motor of the invention limits the torque output by the hub motor by considering the power output ability change of the power battery caused by the high voltage accessory according to the charging and discharging ability of the power battery, which solves the problem of over-charging or over-discharging of the power battery of the hub motor automobile.” (Page 5 lines 15-24), see also Page 8 lines 1-8); and an operation parameter controller associated with the electric delivery truck and comprising a second processor and a second memory having a second plurality of instructions stored therein that, in response to execution by the second processor, causes the operation parameter controller to (“A reasonable control algorithm must be designed to avoid the fault of over-charging or over-discharging of the ground power battery caused by over-large output driving or braking torque of the hub motor of the whole vehicle.” (Page 2 lines 17-19), see also Abstract, Claims 1 and 10): … automatically adjust the torque level applied by each hub motor of the electric delivery truck to be within a hub motor operation threshold based on the hub motor parameters thereby enabling each hub motor to operate at an operation torque level as requested by the electric delivery truck control inputs from the operation of the electric delivery truck and maintaining the torque level applied by each hub motor within a current limit allowed by a battery management unit of the electric delivery truck and a torque limit allowed by each hub motor as the electric delivery truck executes a route (“According to the above solution, the specific steps of updating the basic torque of the hub motor are as follows: setting gamma as accelerator pedal or brake pedal opening percentage, gamma belongs to [0, 1]; T (w) i is the outer characteristic torque corresponding to the actual rotating speed w of the ith hub motor; obtaining the change value delta Tai calculated by the vehicle basic drive skid-proof or yaw stability requirement according to each wheel slip rate and yaw angle state of the vehicle, setting delta Tai as 0, negative number or positive number; taking the basic torque T (k) i of the ith hub motor at k moment as the driving intention torque calculated based on the accelerator pedal and the brake pedal; if the delta Tai of each wheel is different, the T (k-1) i is different from each other in positive and negative, the basic torque of the hub motor is updated as follows: T (k-1) i=T (k) i; T (k) i = y *T (w) i-delta Tai. The beneficial effects of the present invention are: 1. A method for calculating automobile torque of hub motor of the invention limits the torque output by the hub motor by considering the power output ability change of the power battery caused by the high voltage accessory according to the charging and discharging ability of the power battery, which solves the problem of over-charging or over-discharging of the power battery of the hub motor automobile.” (Page 5 lines 15-24), see also Page 4 lines 23-28, claim 10). However, Wang does not specifically disclose of automatically adjust a torque level applied to each hub motor in response to each hub motor parameter that impacts each hub motor differently and changes and/or deviates thereby enabling independent adjustment of the torque level applied to each hub motor, wherein independently adjusting the torque level to each hub motor in reverse and drive enables the electric delivery truck to accelerate and brake without an implementation of brakes; automatically adjust the torque level applied to each hub motor to simultaneously apply each torque level to be applied in reverse to be equivalent to the toque level applied to each hub motor to be applied in drive, wherein a combination of each torque level applied to each hub motor in reverse that is equivalent to each torque level simultaneously applied to each hub motor in drive enables the electric delivery truck to brake without the implementation of brakes. Payne, in the same field of endeavor, teaches of automatically adjust a torque level applied to each hub motor in response to each hub motor parameter that impacts each hub motor differently and changes and/or deviates thereby enabling independent adjustment of the torque level applied to each hub motor, wherein independently adjusting the torque level to each hub motor in reverse and drive enables the electric delivery truck to accelerate and brake without an implementation of brakes (“Additionally, the managing module 530, in one arrangement, utilizes the identified locations of the hub motors 170′ on the vehicle 100 and the associated characteristics identified from the attributes 560 to manage the power delivery to the set of hub motors 170. In one approach, the managing module 530 independently manages the electrical power to provide distinct levels of the electrical power to separate ones of the hub motors 170′. In other words, the managing module 530 may independently manage the power delivery to each of the hub motors 170′ of the set of hub motors 170.” (Para 0071), “In one arrangement, the managing module 530, in the combination mode, provides an opposing torque to the rotatable axle 202 relative to the wheel hub 238 for electronic braking operations. For example, the managing module 530 uses the set of hub motors 170 to either electronically brake the vehicle 100 without the use of the brake 272, or electronically supplement the mechanical operation of the brake 272 to slow the vehicle 100 down. In this case, the managing module 530 dynamically disengages the one or more wheel clutches 264 while operating the set of hub motors 170 to provide an appropriate opposing torque to the rotatable axle 202 relative to the wheel hub 238 for slowing down the vehicle 100.” (Para 0090)). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the torque level applied to each of the hub motors, as taught by Wang, to include being determined independently of each other in reverse and drive, as taught by Payne, with a reasonable expectation of success in order to allow the hub motors to provide distinct amount of power and allow the vehicle to be stopped without the use of the brakes (Payne Para 0071 and 0090). However, Wang in view of Payne do not fully teach of automatically adjust the torque level applied to each hub motor to simultaneously apply each torque level to be applied in reverse to be equivalent to the toque level applied to each hub motor to be applied in drive, wherein a combination of each torque level applied to each hub motor in reverse that is equivalent to each torque level simultaneously applied to each hub motor in drive enables the electric delivery truck to brake without the implementation of brakes. Sato, in the same field of endeavor, teaches of automatically adjust the torque level applied to each hub motor to simultaneously apply each torque level to be applied in reverse to be equivalent to the toque level applied to each hub motor to be applied in drive, wherein a combination of each torque level applied to each hub motor in reverse that is equivalent to each torque level simultaneously applied to each hub motor in drive enables the electric delivery truck to brake without the implementation of brakes (“As illustrated in FIG. 5, when the engine is driven while the front and rear wheels are locked such as by a braking operation, a power generation mode is achieved at the MG1 for generating electricity. The locked state of each of the front and rear wheels 13 and 15 is achieved by, instead of the braking operation, controlling the MG2 so that the equal level of driving force (i.e., reverse driving force) to that applied to the front wheels 13 (i.e., forward driving force) is generated at the rear wheels 15.” (Para 0043), see also Para 0059)). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the torque level applied to each of the hub motors, as taught by Wang in view of Payne, to include having an amount of reversing torque be equal to the amount of drive torque, as taught by Sato, with a reasonable expectation of success in order to allow the locked state to be achieved by the driving force instead of brakes (Sato Para 0043). In regards to claim 11, the claim recites analogous limitations to claim 1, and is therefore rejected on the same premise. Allowable Subject Matter Claims 2-10 and 12-20 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: In regards to claim 2, the claim was previously indicated as allowable subject matter in the Non-Final Rejection of April 3, 2025. An updated search has been performed, however no additional prior art was found that teaches of the claim limitations, therefore the claim remains allowable subject matter. The reasons previously recited for indicating allowable subject matter have been repeated below. In regards to claim 2, the closest prior art of record is Wang et al. (CN 116572756; hereinafter Wang; already of record from IDS; See attached annotated English transition for page and line numbers) in view of Payne et al. (US 20210094405; hereinafter Payne; already of record from IDS) further in view of Miller et al. (US 20190126759; already of record from IDS). Wang in view of Payne further in view of Miller teaches of the electric delivery truck control system of claim 1, wherein the second memory having the second plurality of instructions that causes the operation parameter controller to: continuously monitor the hub motor parameters and the operation torque level requested by the electric delivery truck control inputs to maintain the torque level … within the current limit allowed by the battery management unit and the torque limit allowed by each hub motor as the electric delivery truck operates to execute the route. However, Wang in view of Payne further in view of Miller do not teach of continuously monitor the hub motor parameters and the operation torque level requested by the electric delivery truck control inputs to maintain the torque level at a percentage of maximum torque within the current limit allowed by the battery management unit and the torque limit allowed by each hub motor as the electric delivery truck operates to execute the route; and continuously adjust the torque level applied by each hub motor of the electric delivery truck to be at the percentage of maximum torque that is continuously adjusted as the hub motor parameters and the requested operation torque level continuously change to maintain the torque level within the percentage of current limit allowed by the battery management unit and the torque limit allowed by each hub motor that continuously change as the electric delivery truck operates to execute the route. It is noted that Miller does teach of adjusting a motor to output a percentage of a regenerative braking torque, however this is not the same as the continuously monitor the hub motor parameters and the operation torque level requested by the electric delivery truck control inputs to maintain the torque level at a percentage of maximum torque within the current limit allowed by the battery management unit and the torque limit allowed by each hub motor as the electric delivery truck operates to execute the route; and continuously adjust the torque level applied by each hub motor of the electric delivery truck to be at the percentage of maximum torque that is continuously adjusted as the hub motor parameters and the requested operation torque level continuously change to maintain the torque level within the percentage of current limit allowed by the battery management unit and the torque limit allowed by each hub motor that continuously change as the electric delivery truck operates to execute the route. Therefore, the claim contains allowable subject matter. In regards to claim 12, the claim recites analogous limitations to claim 2, and therefore contains allowable subject matter on the same premise. In regards to claims 3-10, and 13-20, the claims are dependent upon a claim indicated as containing allowable subject matter, and therefore contains allowable subject matter. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kyle J Kingsland whose telephone number is (571)272-3268. The examiner can normally be reached Monday-Friday from 8:00-4:30. 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, Abby Flynn can be reached at (571) 272-9855. 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. /KYLE J KINGSLAND/Primary Examiner, Art Unit 3663
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Prosecution Timeline

Oct 08, 2024
Application Filed
Apr 03, 2025
Non-Final Rejection mailed — §103
Oct 03, 2025
Response Filed
Nov 04, 2025
Final Rejection mailed — §103
May 04, 2026
Request for Continued Examination
May 07, 2026
Response after Non-Final Action
Jun 18, 2026
Non-Final Rejection mailed — §103 (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

3-4
Expected OA Rounds
78%
Grant Probability
85%
With Interview (+7.2%)
2y 9m (~10m remaining)
Median Time to Grant
High
PTA Risk
Based on 237 resolved cases by this examiner. Grant probability derived from career allowance rate.

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