Prosecution Insights
Last updated: May 29, 2026
Application No. 18/973,555

BATTERY ELECTRIC VEHICLE AND CONTROL DEVICE

Non-Final OA §102
Filed
Dec 09, 2024
Priority
Feb 21, 2024 — JP 2024-024658
Examiner
SOOFI, YAZAN A
Art Unit
3668
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
730 granted / 819 resolved
+37.1% vs TC avg
Moderate +11% lift
Without
With
+11.1%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
15 currently pending
Career history
833
Total Applications
across all art units

Statute-Specific Performance

§101
5.5%
-34.5% vs TC avg
§103
50.0%
+10.0% vs TC avg
§102
39.6%
-0.4% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 819 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 Status of Claims Claims 1-5 of U.S. Application No. 18/973555 filed on 12/09/2024 have been examined. 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 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. Claim 1-20 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oh et al. [US 2022/0084497 A1], hereinafter referred to as Oh. As to Claim 1 and 5, Oh discloses a battery electric vehicle including an electric motor as a driving source, the battery electric vehicle comprising: a driving operation member to be used for driving the battery electric vehicle ([see at least Fig. 2 and 0071]); a processing circuit ([see at least Fig. 2 and 0197]); and a storage device configured to store a database for managing a plurality of vehicle models for a plurality of virtual vehicles having different acceleration characteristics for a driving operation by a driver ([see at least Fig. 2, 0197 and 0199]), wherein the processing circuit is configured to: read, from the database, a target vehicle model associated with a target virtual vehicle selected from among the plurality of virtual vehicles by the driver ([see at least Fig. 1, Fig. 2, 0033, 0049 and 0078]); set a coefficient that is a value of 1 or less according to the acceleration characteristic of the target virtual vehicle ([see at least Fig. 2, 0145 and 0180]); calculate an adjusted vehicle speed by multiplying a vehicle speed of the battery electric vehicle by an inverse of the coefficient ([see at least Fig. 2, Fig. 7, 0145, 0151 and 0180]); calculate a virtual acceleration of the target virtual vehicle in response to an operation on the driving operation member using the target vehicle model based on an operation state of the driving operation member and the adjusted vehicle speed; calculate an adjusted virtual acceleration by multiplying the virtual acceleration by the coefficient ([see at least Fig. 2, Fig. 7, 0145, 0151-0153 and 0180]); and control the electric motor to bring an acceleration of the battery electric vehicle to the adjusted virtual acceleration ([see at least Fig. 2, Fig. 7, 0145, 0151-0153 and 0180]). As to Claim 2, Oh discloses a battery electric vehicle, wherein the processing circuit is configured to: when the acceleration characteristic of the target virtual vehicle exceeds an acceleration capability of the battery electric vehicle, set the coefficient to a value less than 1 at which the adjusted virtual acceleration is within a range of the acceleration capability of the battery electric vehicle; and when the acceleration characteristic of the target virtual vehicle does not exceed the acceleration capability of the battery electric vehicle, set the coefficient to 1 ([see at least Fig. 5, 0145 and 0180]). As to Claim 3, Oh discloses a battery electric vehicle, wherein the processing circuit is configured to, while the battery electric vehicle is decelerating, set the coefficient to 1 regardless of the acceleration characteristic of the target virtual vehicle ([see at least Fig. 5, Fig.7, 0145 and 0180]). As to Claim 4, Oh discloses a battery electric vehicle, wherein the processing circuit is configured to: calculate a target driving force of the battery electric vehicle for bringing the acceleration of the battery electric vehicle to the adjusted virtual acceleration; and change a motor torque to be output by the electric motor to apply the target driving force to the battery electric vehicle ([see at least Fig. 5, Fig.7, 0145 and 0180]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YAZAN A SOOFI whose telephone number is (469)295-9189. The examiner can normally be reached on Flex schedule. 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, Fadey Jabr can be reached on 572-272-1516. 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. /YAZAN A SOOFI/Primary Examiner, Art Unit 3668
Read full office action

Prosecution Timeline

Dec 09, 2024
Application Filed
Feb 25, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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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
89%
Grant Probability
99%
With Interview (+11.1%)
2y 0m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 819 resolved cases by this examiner. Grant probability derived from career allowance rate.

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