Prosecution Insights
Last updated: October 04, 2026
Application No. 19/019,809

TWO-STROKE ENGINE FOR A VEHICLE

Non-Final OA §103
Filed
Jan 14, 2025
Priority
Jan 16, 2024 — provisional 63/621,318
Examiner
KIM, JAMES JAY
Art Unit
3747
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
BRP-Rotax GmbH & Co. KG
OA Round
2 (Non-Final)
70%
Grant Probability
Favorable
2-3
OA Rounds
9m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
478 granted / 680 resolved
At TC average
Strong +27% interview lift
Without
With
+27.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
16 currently pending
Career history
706
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
57.7%
+17.7% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
20.6%
-19.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 680 resolved cases

Office Action

§103
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 § 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-4 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Hofbauer et al (US 2014/0298984 hereinafter “Hofbauer”) in view of Kobayashi et al (US 2020/0248651 hereinafter “Kobayashi”). In regards to claim 1: Hofbauer teaches a two-stroke engine assembly comprising an engine (Paragraph [0002] recites the engine being a two-stroke engine) comprising: at least one cylinder formed (20) by the engine block, a cylinder volume being defined by the at least one cylinder (20); at least one piston (10) disposed in the at least one cylinder (20); and a protrusion (formed with rings 110 and 112) extending into the cylinder volume, the protrusion defining a lubrication groove (shown below in annotated Figure 12) therein, the lubrication groove being disposed below the at least one piston and in the cylinder (20); and a lubrication system providing oil to the engine (Paragraph [0002] recites lubrication provided to the engine), the lubrication groove being shaped and arranged to collect oil droplets pushed by air toward the at least one piston during operation and to redirect the oil droplets to at least one pre-determined location in the at least one cylinder, wherein during operation oil and air will form on a piston surface (98) and the protrusion (rings 110 and 112) will scrape the oil off of the piston surface (98) and redirect them to the upper portion of the piston surface (98) below a piston ring (14) (Figures 1A-1C show the operation of the piston), and the at least one pre-determined location includes at least a portion of the at least one cylinder along which the piston moves (Figures 1A-1C show the operation of the piston, wherein oil will be scraped off of the piston and be redirected, and during the redirection will be pushed in the space between the piston and cylinder, making contact with both in said space). Hofbauer does not specify an engine block and a crankshaft disposed in the engine block. Kobayashi teaches an engine block and a crankshaft (31) disposed in the engine block. It would have been obvious to one of ordinary skill in the art at the time of filing of the application to specify the engine of Hofbauer to have an engine block and crankshaft as taught by Kobayashi in order to provide a housing for the internal components of the engine and the crankshaft to attach to the piston so that cycling of the piston can be translated into mechanical power. PNG media_image1.png 658 587 media_image1.png Greyscale Annotated Figure 12 of Hofbauer In regards to claim 2: Hofbauer teaches the engine block comprises: a crankcase (Paragraph [0003] of Hofbauer recites a crankcase and Kobayashi teaches a crankcase (13)), and at least one cylinder block connected to the crankcase (Shown in Figure 1 of Kobayashi). In regards to claim 3: Hofbauer teaches the protrusion is integrally connected to and formed by the engine block, the protrusion being formed by a cylinder wall defining the at least one cylinder (Shown in Figure 1a of Hofbauer, formed defined as “bring together parts or combine to create (something).” using www.google.com search term: “formed definition”). In regards to claim 4: Hofbauer teaches at least one cylinder insert (102) disposed in the at least one cylinder; and wherein the at least one cylinder insert includes the protrusion (rings 110 and 112) and the lubrication groove defined in the protrusion (Shown above in annotated Figure 12 of Hofbauer and wherein Paragraph [0038] of Hofbauer recites the protrusion in the cylinder insert (cylinder liner)). In regards to claim 6: Hofbauer teaches the lubrication groove (rings 110 and 112) is continuous about a portion of the at least one cylinder (102); and the lubrication groove is open to the at least one cylinder at the at least one pre-determined location (Figure 12 of Hofbauer shows the groove being continuous). In regards to claim 7: Hofbauer teaches the at least one pre-determined location is an exhaust side of the at least one cylinder, wherein Hofbauer teaches grooves in two diagonally opposite quadrants when viewed from a top down vantage point as shown in Figure 12 of Hofbauer, wherein if a left half or right half is the exhaust side, a groove will exist on one of the left half or right half, or wherein if a top half or bottom half is the exhaust side, a groove will exist on one of the top half or bottom half. In regards to claim 8: Hofbauer teaches at least one cylinder liner (102) disposed in the at least one cylinder; and wherein the lubrication groove is shaped and arranged to direct oil droplets toward at least one portion of the at least one cylinder liner, wherein during operation the oil droplets will be scraped in a direction along the piston wall and towards the upper portion of the cylinder liner. In regards to claim 9: Hofbauer teaches the lubrication groove is shaped and arranged to direct oil droplets toward an exhaust side of the at least one cylinder liner, wherein Hofbauer teaches grooves in two diagonally opposite quadrants when viewed from a top down vantage point as shown in Figure 12 of Hofbauer, wherein if a left half or right half is the exhaust side, a groove will exist on one of the left half or right half, or wherein if a top half or bottom half is the exhaust side, a groove will exist on one of the top half or bottom half. In regards to claim 10: Hofbauer teaches the lubrication groove is sloped at an angle relative to the exhaust side of the at least one cylinder liner, wherein the exhaust side is comprised of an infinite number of points and will always have a slope, including a slope of zero, when a connecting line is drawn from the lubrication groove to any point located on the half of the engine that pertains to the exhaust side of the engine. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hofbauer and Kobayashi as applied to claim 4 above, and further in view of Curtis et al (US 2019/0323557 hereinafter “Curtis”). In regards to claim 5: Hofbauer does not teach the at least one cylinder insert is formed from a hardened plastic Curtis teaches a cylinder insert made of a hardened plastic (Paragraph [0003] recites a cylinder insert (liner) made of a plastic, wherein the plastic materials used are defined in Paragraph [0022]). It would have been obvious to one of ordinary skill in the art at the time of filing of the application to modify the cylinder insert of Hofbauer to be formed from a hardened plastic as taught by Curtis in order to improve the wear and fatigue property of the cylinder insert (Paragraph [0013] of Curtis). Response to Arguments Applicant’s arguments, see pages 1 and 2 of Remarks, filed 5/11/2026, with respect to the rejection of claims 1-10 under 35 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 different interpretation of the previously applied reference. Additional language has been added to address the claim amendment in regards to the pre-determined location including at least a portion of the at least one cylinder. Wherein oil inside of the space between the piston and cylinder will make contact and be directed towards the cylinder wall and piston surface as the oil is pushed by operation of the piston. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES JAY KIM whose telephone number is (571)270-7610. The examiner can normally be reached M-F 9-5 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, Logan Kraft can be reached at (571) 270-5065. 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. /JAMES J KIM/Examiner, Art Unit 3747 /LOGAN M KRAFT/Supervisory Patent Examiner, Art Unit 3747
Read full office action

Prosecution Timeline

Jan 14, 2025
Application Filed
Feb 10, 2026
Non-Final Rejection mailed — §103
May 11, 2026
Response Filed
Jul 13, 2026
Final Rejection mailed — §103
Sep 14, 2026
Response after Non-Final Action

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
70%
Grant Probability
98%
With Interview (+27.4%)
2y 5m (~9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 680 resolved cases by this examiner. Grant probability derived from career allowance rate.

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