Prosecution Insights
Last updated: April 19, 2026
Application No. 19/100,019

HYDRAULIC DRIVE DEVICE

Non-Final OA §102
Filed
Jan 30, 2025
Examiner
LAZO, THOMAS E
Art Unit
3745
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Kobelco Construction Machinery Co. Ltd.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
95%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
1169 granted / 1350 resolved
+16.6% vs TC avg
Moderate +9% lift
Without
With
+8.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
22 currently pending
Career history
1372
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
37.7%
-2.3% vs TC avg
§102
44.8%
+4.8% vs TC avg
§112
10.9%
-29.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1350 resolved cases

Office Action

§102
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 . DETAILED ACTION 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. Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watanabe et al. (5,170,625). Watanabe et al. disclose: Claim 1. A hydraulic driving system (Figs. 1 and 31), comprising: a pump (1) that is rotationally driven by a power source (15) to discharge oil and has a capacity which is changeable; an actuator (2,2A) that is activated by a supply of the oil discharged from the pump; and a controller (7) that controls the capacity of the pump in accordance with a manipulation content for the actuator (col. 8, line 59 – col. 9, line 3, col. 9, lines 10-30), wherein the controller (7) changes, on the basis of a rotational speed of the pump, an upper limit value of a magnitude of a pump capacity change amount being a change amount of the capacity of the pump per unit time (col. 31, lines 46-52). Claim 2. The hydraulic driving system according to claim 1, wherein the controller (7) executes: setting the upper limit value to a first upper limit value when a rotational speed of the pump is a first rotational speed; and setting the upper limit value to a second upper limit value which is smaller than the first upper limit value when the rotational speed of the pump is a second rotational speed which is higher than the first rotational speed (see Watanabe et al., Claim 14). Claim 3. The hydraulic driving system according to claim 2, wherein the controller (7) sets the upper limit value in such a manner that the upper limit value decreases as the rotational speed of the pump increases (see Watanabe et al., Claim 14). Claim 4. The hydraulic driving system according to claim 3, wherein the controller (7) sets the upper limit value so that a change amount in a discharge flow rate of the pump per unit time is fixed when the rotational speed of the pump falls within a predetermined range (see Watanabe et al., Figs. 33 and 34, a control Ki coefficient is proportional to a modifying coefficient Kr which is determined based on the engine RPM Nr and constant when the RPM is very low or close to its maximum (Fig. 34). Pursuant to Watanabe et al. claim 1, value Ki is determining the rate of change of the pump’s swash plate). Claim 5. A hydraulic driving system according to claim 1,wherein the power source (15) and the pump are mounted to a working machine, and the actuator operates the working machine (col. 1, lines 5-13). Prior Art Prior art made of record but not relied upon is considered pertinent to Applicant's disclosure for showing other hydraulic drive systems with pumps, actuators, and controllers that control pump capacity. Contact Information Any inquiry concerning this communication or earlier communication from the examiner should be directed to Thomas Lazo whose telephone number is (571) 272-4818. The examiner can normally be reached on Monday-Friday from 8:00 am to 4:30 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor Nathaniel Wiehe, can be reached on (571) 272-8648. The fax phone number for this Group 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. /THOMAS E LAZO/Primary Examiner, Art Unit 3745 November 14, 2025
Read full office action

Prosecution Timeline

Jan 30, 2025
Application Filed
Nov 14, 2025
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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2y 5m to grant Granted Mar 31, 2026
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Patent 12559913
HYDRAULIC PRESSURE RELIEF CONTROL SYSTEM FOR UTILITY VEHICLE
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Patent 12560217
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2y 5m to grant Granted Feb 17, 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
87%
Grant Probability
95%
With Interview (+8.8%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 1350 resolved cases by this examiner. Grant probability derived from career allow rate.

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