Prosecution Insights
Last updated: October 01, 2026
Application No. 18/912,705

OFF-ROAD VEHICLE

Non-Final OA §102§103
Filed
Oct 11, 2024
Priority
Oct 13, 2023 — provisional 63/543,956
Examiner
WILHELM, TIMOTHY
Art Unit
Tech Center
Assignee
Bombardier Recreational Products Inc.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
894 granted / 1138 resolved
+18.6% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
26 currently pending
Career history
1158
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
48.6%
+8.6% vs TC avg
§102
30.6%
-9.4% vs TC avg
§112
13.1%
-26.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1138 resolved cases

Office Action

§102 §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 . 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) 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Olli et al (US 9,896,014). Olli discloses: With regard to claim 1 - An off-road vehicle comprising: a frame assembly comprising a front portion 52, a middle portion and a rear portion 54 (see Fig. 8); at least one front wheel 16 rotationally mounted to the front portion 52 of the frame assembly; at least one rear wheel 18 rotationally mounted to the rear portion 54 of the frame assembly; at least one electric motor 34 mounted to at least one of the front portion, the middle portion and the rear portion of the frame assembly (“In the present implementation, the motor 34 is a four-stroke, dual cylinder, V-type, internal combustion engine (ICE). It is contemplated that the motor 34 could be another type of motor such as, but not limited to, a two-stroke ICE, a diesel engine, or an electric motor.” – column 5, lines 12-17); at least one battery assembly electrically coupled to the at least one electric motor for providing electric power to the at least one electric motor 34 (though the reference does not disclose the battery, the electric motor requires said battery and thus disclosure of the motor discloses said battery); and at least one final drive unit 122 mounted to at least one of the front portion and the rear portion 54 of the frame assembly, the at least one final drive unit 122 being operatively coupled to at least one of the at least one front wheel and at least one of the at least one rear wheel 18; wherein the at least one electric motor 34 is operatively coupled to the at least one final drive 122 unit for transferring torque from the electric motor 34 to the at least one of the at least one front wheel or the at least one rear wheel 18 for propelling the same. With regard to claim 2 - wherein the off-road vehicle comprises one rear electric motor 34 mounted to the rear portion 54 of the frame assembly via the front portion 52, and a first rear final drive unit 122 mounted to the rear portion 54 of the frame assembly, the first rear final drive unit 122 being operatively coupled to the rear electric motor 34 for transferring torque from the rear electric motor to the at least one rear wheel 18. With regard to claim 3 - wherein the at least one rear wheel comprises a first pair of rear wheels 18 operatively coupled to the first rear final drive unit 122. With regard to claim 4 - wherein the at least one rear wheel comprises first and second rear wheels 18, 20 rotationally mounted to the rear portion 54 of the frame assembly, the second rear wheel 20 being positioned rearwardly of the first rear wheel 18, the off-road vehicle further comprising: a second rear final drive unit 134 mounted to the rear portion 54 of the frame assembly, the second rear final drive unit 134 being positioned rearwardly of the first rear final drive unit 122, the first rear final drive unit 122 being operatively coupled to the first rear wheel 18 and the second rear final drive unit 134 being operatively coupled to the second rear wheel 20; and a rearward driveshaft 128 operatively coupling the first rear final drive unit 122 to the second rear final drive unit 134 for simultaneously transferring torque from the rear electric motor 34 to the first and second rear wheels 18, 20. With regard to claim 5 - wherein the at least one rear wheel comprises a first pair of rear wheels 18 and a second pair of rear wheels 20 rotationally mounted to the rear portion 54 of the frame assembly, the second pair of rear wheels 20 being positioned rearwardly of the first pair of rear wheels 18, the off-road vehicle further comprising: a second rear final drive unit 134 mounted to the rear portion 54 of the frame assembly, the second rear final drive unit 134 being positioned rearwardly of the first rear final drive unit 122, the first rear final drive unit 122 being operatively coupled to the first pair of rear wheels 18 and the second rear final drive unit 134 being operatively coupled to the second pair of rear wheels 20; and a rearward driveshaft 128 operatively coupling the first rear final drive unit 122 to the second rear final drive unit 134 for simultaneously transferring torque from the rear electric motor 34 to the first pair of rear wheels 18 and the second pair of rear wheels 20. With regard to claim 6 - wherein the off-road vehicle further comprises: a front final drive unit 110 mounted to the front portion 52 of the frame assembly and operatively coupled to the at least one front wheel 16; and a forward driveshaft 108, 116 extending from the rear portion 54 to the front final drive unit 108 and operatively coupled to the rear electric motor 34 for simultaneously transferring torque from the rear electric motor 34 to the at least one rear wheel 18 and the at least one front wheel 16. With regard to claim 7 - wherein the at least one front wheel 16 comprises a pair of front wheels rotationally mounted to the front portion 52 of the frame assembly, the off-road vehicle further comprising: a front final drive unit 110 mounted to the front portion 52 of the frame assembly and operatively coupled to the pair of front wheels 16; and a forward driveshaft 108 extending from the rear portion 54 to the front final drive unit 110 and operatively coupled to the rear electric motor 34 for simultaneously transferring torque from the rear electric motor 34 to the at least one rear wheel 18 and to the pair of front wheels 16. With regard to claim 8 - wherein the off-road vehicle comprises one front electric motor 34 mounted to the front portion 52 of the frame assembly, and a front final drive unit 110 mounted to the front portion 52 of the frame assembly and operatively coupled to the front electric motor 34 for transferring torque from the electric motor 34 to the at least one front wheel 16. With regard to claim 9 - wherein the at least one front wheel comprises a pair of front wheels 16 operatively coupled to the front final drive unit 110. With regard to claim 10 - one front electric motor 34 mounted to the front portion 52 of the frame assembly, and a front final drive unit 110 mounted to the front portion 52 of the frame assembly and operatively coupled to the front electric motor 34, for transferring torque from the electric motor 34 to the at least one front wheel 16; a rear final drive unit 122 mounted to the rear portion 54 of the frame assembly and operatively coupled to the at least one rear wheel 18; and a first rearward driveshaft 108, 116 extending from the front portion 52 to the rear final drive unit 122 and operatively coupled to the front electric motor 34 for simultaneously transferring torque from the front electric motor 34 to the at least one front wheel 16 and the at least one rear wheel . With regard to claim 11 - wherein the at least one front wheel 16 comprises a pair of front wheels 16 rotationally mounted to the front portion 52 of the frame assembly and the at least one rear wheel 18 comprises a first pair of rear wheels 18 rotationally mounted to the rear portion 54 of the frame assembly, the off-road vehicle further comprising: one front electric motor 34 mounted to the front portion 52 of the frame assembly, and a front final drive unit 110 mounted to the front portion 52 of the frame assembly and operatively coupled to the front electric motor 34, for transferring torque from the electric motor 34 to the pair of front wheels 16; a first rear final drive unit 122 mounted to the rear portion 54 of the frame assembly and operatively coupled to the pair of rear wheels 18; and a first rearward driveshaft 108, 116 extending from the front portion 52 to the first rear final drive unit 122 and operatively coupled to the front electric motor 34 for simultaneously transferring torque from the front electric motor 34 to the pair of front wheels 16 and the first pair of rear wheels 18. With regard to claim 12 - wherein the at least one rear wheel further comprises a second pair of rear wheels 20 rotationally mounted to the rear portion of the frame assembly, the second pair of rear wheels 20 being positioned rearwardly of the first pair of rear wheels 18, the off-road vehicle further comprising: a second rear final drive unit 134 mounted to the rear portion of the frame assembly 54, the second rear final drive unit 134 being positioned rearwardly of the first rear final drive unit 122, the first rear final drive unit 122 being operatively coupled to the first pair of rear wheels 18 and the second rear final drive unit 134 being operatively coupled to the second pair of rear wheels 20; and a second rearward driveshaft 128 operatively coupling the first rear final drive unit 122 to the second rear final drive unit 134 for simultaneously transferring torque from the front electric motor 34 to the pair of front wheels 16, the first pair of rear wheels 18 and the second pair of rear wheels 20. With regard to claim 13 - wherein the battery is mounted to the middle portion of the frame assembly. Though the battery is not disclosed as being mounted to the middle portion, the claim does not require the battery to be mounted directly to said middle portion and thus by being on the vehicle it is at least indirectly mounted to the middle portion. 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(s) 14-25 are rejected under 35 U.S.C. 103 as being unpatentable over Olli in view of Zuchoski et al (US 9,656,703). Olli fails to explicitly disclose a skid plate. Zuchoski teaches an ATV that includes a skid plate 82. As the battery of Olli is connected to the motor 34 and thus under a straddle seat of the vehicle, it would therefore be mounted to the frame assembly between the skid plate and the straddle seat in view of the combination. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of Olli with the teaching of Zuchoski so as to include a skid plate to better protect the bottom of the vehicle. With regard to claim 15, Olli discloses wherein the off-road vehicle has a longitudinal axis extending between a front end of the vehicle and a rear end thereof, and the at least one electric motor comprises an output shaft, the output shaft extending parallel to the longitudinal axis of the off-road vehicle or perpendicular thereto (“Turning now to FIGS. 11 to 13, the drive assembly of the ATV 10 will be described in more detail. The output shaft (not shown) of the engine 34 is connected to a driving pulley (not shown) of a continuously variable transmission (CVT) 102. The CVT 102 also has a driven pulley (not shown) that is driven by the driving pulley via a drive belt (not shown). As can be seen in FIG. 11, the CVT 102 is disposed on a left side of a longitudinal centerline 104 of the ATV 10. The driven pulley drives a transmission 106 that is connected to the engine 34.” – column 7, lines 21-30). With regard to claim 16, Olli discloses at least one transmission 102 operatively coupled to one of the at least one final drive unit or the at least one electric motor 34. With regard to claim 17, Olli discloses wherein the at least one transmission 102 allows a range of rotation speeds (continuously variable transmission)to be transferred to the at least one wheel during operation of the at least one electric motor. With regard to claim 18, Olli discloses wherein the at least one transmission is a Continuous Variable Transmission. With regard to claim 19, Olli discloses wherein the rotation speeds comprise at least one of a neutral speed, a high speed and a low speed. This is a typical way in which a CVT operates, with high speed, low speed, and neutral, or disengaged, settings. With regard to claim 20, Olli discloses wherein the at least one transmission allows a range of torque output values to be transferred to the at least one wheel during operation of the at least one electric motor. The CVT takes the torque from the engine and varies it based on the desired speed. With regard to claim 21, Olli discloses wherein the off-road vehicle further comprises at least one power take-off (PTO) shaft 128 operatively coupled to at least one of: the at least one transmission and the at least one final drive unit. With regard to claim 22, Olli fails to explicitly disclose a cooling circuit, the cooling circuit being operatively coupled to at least one of the at least one electric motor for cooling the same. Zuchoski teaches: “Another example of a prime mover characteristic that may be controlled by the prime mover controller 34 is a temperature of the prime mover 14. For instance, in this embodiment, the temperature of the prime mover 14 may be regulated by a cooling system of the ATV 10. The cooling system may comprise a radiator and a thermostat between the prime mover 14 and the radiator.” – column 12, lines 31-37. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of Olli with the teaching of Zuchoski so as to include a cooling circuit operatively coupled to the electric motor to ensure the electric motor does not overheat. With regard to claim 23, Olli discloses at least one gearbox operatively coupled to at least one of: the at least one electric motor; the at least one final drive unit; the at least one transmission; and the at least one PTO shaft (see Figs. 12 and 13). With regard to claim 24, Olli discloses wherein the at least one electric motor 34 is mounted to at least one of the front portion, the middle portion and the rear portion of the frame assembly via at least one mounting point (“A motor 34 (FIG. 8) is mounted to the frame 12 below the straddle seat 22.” – Column 5, lines 11-12). With regard to claim 25, Olli discloses wherein the at least one mounting point comprises a rigid mounting point or a flexible mounting point. It would need to be one or the other. Allowable Subject Matter Claims 26-29 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 prior art fails to teach the first and second rear electric motors claims by claim 26. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4,664,208 discloses a six-wheeled ATV including multiple final drive assemblies. US 8,079,602 discloses a six-wheeled off-road vehicle utilizing a PTO shaft for a second rear final drive assembly. US 2023/0093742 discloses a six-wheeled ATV with electric motors coupled to final drive units for driving the wheels. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY WILHELM whose telephone number is (571)272-6980. The examiner can normally be reached Monday-Friday 8:30-5:30. 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, Paul Dickson can be reached at 571-272-7742. 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. /TIMOTHY WILHELM/Primary Examiner, Art Unit 3617 September 4, 2026
Read full office action

Prosecution Timeline

Oct 11, 2024
Application Filed
Sep 09, 2026
Non-Final Rejection mailed — §102, §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

1-2
Expected OA Rounds
79%
Grant Probability
91%
With Interview (+12.0%)
2y 5m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1138 resolved cases by this examiner. Grant probability derived from career allowance rate.

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