Prosecution Insights
Last updated: August 17, 2026
Application No. 19/015,241

VEHICLE AND METHOD OF CONTROLLING VEHICLE

Non-Final OA §102
Filed
Jan 09, 2025
Priority
Jan 18, 2024 — JP 2024-006360
Examiner
KNIGHT, DEREK DOUGLAS
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Kawasaki Motors Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
650 granted / 765 resolved
+33.0% vs TC avg
Minimal +3% lift
Without
With
+3.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
21 currently pending
Career history
793
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
36.6%
-3.4% vs TC avg
§102
32.2%
-7.8% vs TC avg
§112
28.0%
-12.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 765 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 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 (i.e., changing from AIA to pre-AIA ) 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(s) 1-5 and 7-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by NAKAYAMA et al. (US 2021/0197794). Regarding claim 1, NAKAYAMA discloses a vehicle comprising: an internal combustion engine (2) that is a traveling driving source; a driving wheel (8); a main clutch (5) that includes a first rotating body and a second rotating body and is switchable between an engaged state and a disengaged state, the first rotating body being located at a power transmitting path, which extends between the internal combustion engine (2) and the driving wheel (8), so as to be closer to the internal combustion engine (2), the second rotating body being located at the power transmitting path so as to be closer to the driving wheel (8); a clutch actuator (6) that operates the main clutch (5); and processing circuitry (20) configured to in a state (EV mode) where the vehicle is traveling with the main clutch (5) in the disengaged state, determine whether or not a predetermined combustion required condition (increased torque request/ throttle opening degree, see [0054-0055]) is satisfied, the predetermined combustion required condition being a condition regarding a requirement of a start of combustion of the internal combustion engine (2), when the processing circuitry (20) determines that the combustion required condition is satisfied (@ S1), execute clutch control of controlling the clutch actuator (6) such that the main clutch (5) changes from the disengaged state to the engaged state (@ S2), after the clutch control is started, determine whether or not a predetermined combustion permission condition is satisfied (@ S3, [0066]), the predetermined combustion permission condition being a condition regarding permission of the combustion of the internal combustion engine (2), and when the processing circuitry (20) determines that the combustion permission condition is satisfied, execute combustion start control of starting the combustion of the internal combustion engine (2). Regarding claim 2, NAKAYAMA discloses an electric motor (3) that transmits power to the driving wheel (8), wherein after the combustion start control, the processing circuitry (20) controls the internal combustion engine (2) such that output torque of the internal combustion engine (2) is increased, and controls the electric motor (3) such that output torque of the electric motor (3) is reduced (see [0085]). Regarding claim 3, NAKAYAMA discloses the electric motor (3) is another traveling driving source different from the internal combustion engine (2) in the vehicle; the vehicle further comprises a transmission shaft (4b) which is located at the power transmitting path so as to exist between the second rotating body and the driving wheel (8) and to which the output torque of the electric motor (3) is transmitted, wherein in the clutch control, the processing circuitry (20) controls the electric motor (3) such that the output torque of the electric motor (3) increases as engagement pressure of the main clutch (5) increases (see [0091]). Regarding claim 4, NAKAYAMA discloses at the same time as the start of the combustion of the internal combustion engine (2) by the combustion start control, the processing circuitry (20) starts reducing the output torque of the electric motor (3) (see [0085]). Regarding claim 5, NAKAYAMA discloses in at least a period of time from a timing at which the clutch control starts to a timing at which the processing circuitry (20) determines that the combustion permission condition is satisfied, the processing circuitry (20) controls the internal combustion engine (2) such that the internal combustion engine (2) maintains a combustion disabled state in which at least one of a first combustion disabled condition, a second combustion disabled condition, or a third combustion disabled condition is satisfied, the first combustion disabled condition being a condition that a throttle valve that adjusts an intake air amount of a cylinder of the internal combustion engine (2) is in a closed state, the second combustion disabled condition being a condition that ignition performed by an igniter of the internal combustion engine (2) at the cylinder has been canceled, the third combustion disabled condition being a condition that supply of fuel to the cylinder of the internal combustion engine (2) is in a stop state; and when the processing circuitry (20) determines that the combustion permission condition is satisfied, the processing circuitry (20) starts the combustion of the internal combustion engine (2) in the combustion start control by changing the internal combustion engine (2) from the combustion disabled state to a combustion enabled state in which the first, second, and third combustion disabled conditions are not satisfied at all (see [0041], which discloses the engine is stopped in EV mode, ie. no fuel or spark events occurring). Regarding claim 7, NAKAYAMA discloses the processing circuitry (20) changes the combustion permission condition in accordance with a driving operation of a rider or a vehicle state (request for more torque/ throttle opening degree, see [0054-0056]). Regarding claim 8, NAKAYAMA discloses in the control of increasing the output torque of the internal combustion engine (2), the processing circuitry (20) changes an increase rate of the output torque of the internal combustion engine (2) in accordance with a driving operation of a rider or a vehicle state (clutch engagement). See Fig. 5: “Torque Change” section of the graphs. Regarding claim 9, NAKAYAMA discloses the vehicle includes a straddled vehicle. Regarding claim 10, NAKAYAMA discloses a method of controlling a vehicle, the vehicle including: an internal combustion engine (2) that is a traveling driving source; a driving wheel (8); a main clutch (5) that includes a first rotating body and a second rotating body and is switchable between an engaged state and a disengaged state, the first rotating body being located at a power transmitting path, which extends between the internal combustion engine (2) and the driving wheel (8), so as to be closer to the internal combustion engine (2), the second rotating body being located at the power transmitting path so as to be closer to the driving wheel (8); and a torque reducer (3) that reduces torque to be transmitted to the driving wheel (8), the method comprising: in a state where the vehicle is traveling with the main clutch (5) in the disengaged state, determining whether or not a predetermined combustion required condition is satisfied, the predetermined combustion required condition being a condition regarding a requirement of a start of combustion of the internal combustion engine (2); when it is determined that the combustion required condition is satisfied, changing the main clutch (5) from the disengaged state to the engaged state; after the main clutch (5) starts changing from the disengaged state to the engaged state, determining whether or not a predetermined combustion permission condition is satisfied, the predetermined combustion permission condition being a condition regarding permission of the combustion of the internal combustion engine (2); and when it is determined that the combustion permission condition is satisfied, starting the combustion of the internal combustion engine (2) and controlling the torque reducer (3) such that the torque to be transmitted to the driving wheel (8) is reduced. Allowable Subject Matter Claim 6 is 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK D. KNIGHT whose telephone number is (571)272-7951. The examiner can normally be reached Telework: From 5:30am-1:30pm EST. 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, Ernesto Suarez can be reached at 571-270-5565. 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. /DEREK D KNIGHT/Primary Examiner, Art Unit 3655
Read full office action

Prosecution Timeline

Jan 09, 2025
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12697870
VEHICLE AND DOUBLE-MOTOR ELECTRIC DRIVE ASSEMBLY THEREOF
1y 5m to grant Granted Aug 04, 2026
Patent 12691754
ELECTRIC AXLE ASSEMBLY AND OPERATING METHOD
3y 1m to grant Granted Jul 28, 2026
Patent 12680578
Apparatus for Transmitting Torque
1y 7m to grant Granted Jul 14, 2026
Patent 12669167
MOTION CONVERSION DEVICE AND POWER GENERATION DEVICE INCLUDING THE SAME
1y 6m to grant Granted Jun 30, 2026
Patent 12649359
ELECTRIC DRIVE SYSTEM WITH POWER TAKE-OFF (PTO) AND ELECTRIC DRIVE OPERATING METHOD
2y 1m to grant Granted Jun 09, 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
85%
Grant Probability
88%
With Interview (+3.2%)
2y 4m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 765 resolved cases by this examiner. Grant probability derived from career allowance rate.

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