Prosecution Insights
Last updated: July 17, 2026
Application No. 19/086,762

SELECTIVE MANUAL OPERATION OF A VEHICLE

Non-Final OA §103
Filed
Mar 21, 2025
Priority
May 07, 2024 — provisional 63/643,528 +16 more
Examiner
HUTCHINSON, ALAN D
Art Unit
3669
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Oshkosh Corporation
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
401 granted / 509 resolved
+26.8% vs TC avg
Strong +17% interview lift
Without
With
+16.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
15 currently pending
Career history
527
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
83.9%
+43.9% vs TC avg
§102
9.0%
-31.0% vs TC avg
§112
1.9%
-38.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 509 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. Claims 1-13, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Artes et. al. (US Patent Publication 2020/0150655) in view of Beach et. al. (US Patent Publication 2018/0129220). Regarding claims 1, and 18, Artes discloses a vehicle, comprising: a frame; a drive system coupled to the frame to propel and steer the vehicle; (¶31) an energy storage device coupled to the frame and configured to provide power to the drive system; (¶30; “it can charge its batteries”) a lift implement coupled to the frame, the lift implement comprising a cradle to support a load and The autonomous mobile robot 100 may have … a gripping arm for gripping and transporting objects.”) one or more sensors configured to provide sensing data indicative of an environment surrounding the vehicle; and (¶35) a controller comprising one or more memory devices having instructions stored thereon, that, when executed by one or more processors, cause the one or more processors to: (¶29, 36) operate the vehicle along a first path; (¶36) determine the first path extends into a first predefined zone in the environment surrounding the vehicle; (¶39-41) generate a second path based on the sensing data that avoids the first predefined zone; and operate the vehicle along the second path. (¶41) Artes discloses a framework used to support an object, but appears to be silent as to a lift implement for the gripping arm. Beach however teaches vehicle, comprising: a frame; a drive system coupled to the frame to propel and steer the vehicle; an energy storage device coupled to the frame and configured to provide power to the drive system; (abstract; ¶49) a lift implement coupled to the frame, the lift implement comprising a cradle to support a load and a lift assembly configured to adjust a position of the cradle relative to the frame; (¶3; “an automated tactical, or outdoor, forklift … operates driving missions over … at points of load pick-up or put-down”) one or more sensors configured to provide sensing data indicative of an environment surrounding the vehicle; and (¶41, 49) a controller comprising one or more memory devices having instructions stored thereon, that, when executed by one or more processors, cause the one or more processors to: (¶49) operate the vehicle along a first path; (¶4, 43) It would have been obvious to one of ordinary skill in the art at the time of filing to provide the invention of Artes with a lift assembly configured to adjust a position of the cradle relative to the frame as taught by Beach with a reasonable expectation of success so as to allow the gripper of Artes to lift and set down objects and further because the technique for improving a particular class of devices was part of the ordinary capabilities of a person of ordinary skill in the art, in view of the teaching of the technique for improvement in other situations, would have yielded predictable results to one of ordinary skill in the art at the time of the invention. Regarding claim 2, Artes further discloses wherein the controller is further configured to sense, via the one or more sensors, at least one indicator in the environment. (¶4, 62) Regarding claim 3, Artes further discloses wherein the at least one indicator is a physical indicator positioned in the environment. (¶4, 62) Regarding claim 4, Artes further discloses wherein the controller is further configured to determine, based on the at least one indicator, a boundary of the first predefined zone. (¶62) Regarding claim 5, Artes further discloses wherein the at least one indicator comprises a plurality of indicators, and wherein the plurality of indicators at least partially define a boundary of the first predefined zone. (Fig 2B; ¶53, 62) Regarding claim 6, Artes further discloses wherein the controller is further configured to receive a position of the first predefined zone from a user device communicably coupled to the vehicle. (¶32, 33, 50) Regarding claim 7, Artes further discloses wherein the first predefined zone is a virtual zone. (¶5, 39) Regarding claim 8, Artes further discloses wherein the controller is further configured to receive zone data from a user device indicating a position of the virtually first predefined zone in the environment surrounding the vehicle. (¶50-57) Regarding claim 9, Artes further discloses wherein the instructions, when executed by the one or more processors, further cause the one or more processors to: determine the second path extends into a second predefined zone in the environment surrounding the vehicle; adjust the path to a third path based on the sensing data to avoid the second predefined zone; and (¶39, 41) receive a command to override the adjustment and operate the vehicle according to the second path through the second predefined zone. (¶101-103) Regarding claim 10, Artes discloses a system, comprising: a user device; and (¶33) a vehicle communicably coupled to the user device (¶32), wherein the vehicle comprises: a frame; a drive system coupled to the frame to propel and steer the vehicle; an energy storage device coupled to the frame and configured to provide power to the drive system; (¶30, 49) a controller comprising one or more memory devices having instructions stored thereon, that, when executed by one or more processors, cause the one or more processors to: (¶3) operate the vehicle along a first path; (¶36, 41) receive, from an external device, a position of a first zone in an environment surrounding the vehicle, wherein the first path extends at least partially into the first zone; (¶41, 50-51, 77) adjust the path to a second path based on the position of the first zone to avoid the first zone; and operate the vehicle along the second path. (¶51) Artes discloses a framework used to support an object, but appears to be silent as to a lift implement for the gripping arm. Beach however teaches vehicle, comprising: a frame; a drive system coupled to the frame to propel and steer the vehicle; an energy storage device coupled to the frame and configured to provide power to the drive system; (abstract; ¶49) a lift implement coupled to the frame, the lift implement comprising a cradle to support a load and a lift assembly configured to adjust a position of the cradle relative to the frame; and; (¶3; “an automated tactical, or outdoor, forklift … operates driving missions over … at points of load pick-up or put-down”) one or more sensors configured to provide sensing data indicative of an environment surrounding the vehicle; and (¶41, 49) a controller comprising one or more memory devices having instructions stored thereon, that, when executed by one or more processors, cause the one or more processors to: (¶49) operate the vehicle along a first path; (¶4, 43) It would have been obvious to one of ordinary skill in the art at the time of filing to provide the invention of Artes with a lift implement coupled to the frame, the lift implement comprising a cradle to support a load and a lift assembly configured to adjust a position of the cradle relative to the frame as taught by Beach with a reasonable expectation of success so as to allow the gripper of Artes to lift and set down objects and further because the technique for improving a particular class of devices was part of the ordinary capabilities of a person of ordinary skill in the art, in view of the teaching of the technique for improvement in other situations, would have yielded predictable results to one of ordinary skill in the art at the time of the invention. Regarding claim 11, Artes further discloses wherein the vehicle further comprises one or more sensors configured to provide sensing data indicative of an environment surrounding the vehicle. (¶35) Regarding claim 12, Artes further discloses wherein the instructions, when executed by the one or more processors, further cause the one or more processors to: determine, based on the sensing data, the second path extends at least partially into a second zone, adjust the second path to a third path based at least partially on the sensing data to avoid the second zone; and operate the vehicle along the third path. (¶36, 39, 41) Regarding claim 13, Artes further discloses wherein the instructions, when executed by the one or more processors, further cause the one or more processors to: identify, based at least partially on the sensing data, at least one indicator in the environment; and determine, based at least partially on the at least one indicator, a position of the second zone in the environment. (¶62) Regarding claim 16, Artes further discloses wherein the external device is a mobile phone. (¶33) Regarding claim 17, Artes further discloses wherein the external device is a second vehicle communicably coupled to the first vehicle by a local area mesh network established at least in part by the first vehicle and the second vehicle. (¶94) Regarding claim 19, Artes further discloses: receiving, by the one or more processing circuits, the first predefined area from an external device. (¶50, 77) Regarding claim 20, Artes further discloses identifying, by the one or more processing circuits, the first predefined area based on sensing data from the one or more sensors indicating at least one indicator in the environment. (¶62) Allowable Subject Matter Claims 14-15 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: the prior art fails to disclose or render obvious absent impermissible hindsight reasoning the system of claim 10, wherein the external device comprises: a motion sensor configured to sense movement of the user device; and a user device controller comprising one or more memory devices having instructions stored thereon, that, when executed by one or more processors, cause the one or more processors to: establish the position of the first zone in the environment based at least partially on data from the motion sensor indicating movement of the user device. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN D HUTCHINSON whose telephone number is (571)272-8413. The examiner can normally be reached 7-5 Mon-Thur. 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, Navid Mehdizadeh can be reached at (571) 272-7691. 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. /ALAN D HUTCHINSON/Primary Examiner, Art Unit 3669
Read full office action

Prosecution Timeline

Mar 21, 2025
Application Filed
Jun 03, 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

1-2
Expected OA Rounds
79%
Grant Probability
96%
With Interview (+16.9%)
2y 6m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 509 resolved cases by this examiner. Grant probability derived from career allowance rate.

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