Prosecution Insights
Last updated: October 27, 2026
Application No. 19/117,424

VEHICULAR DRIVE DEVICE

Non-Final OA §102§103
Filed
Apr 01, 2025
Priority
Oct 07, 2022 — JP 2022-162122 +1 more
Examiner
NGUYEN, LILLIAN T
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Aisin Corporation
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
608 granted / 723 resolved
+32.1% vs TC avg
Moderate +14% lift
Without
With
+13.9%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
30 currently pending
Career history
767
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
35.8%
-4.2% vs TC avg
§102
28.5%
-11.5% vs TC avg
§112
30.1%
-9.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 723 resolved cases

Office Action

§102 §103
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 This is the first action on the merits and in response to preliminary amendment filed on 04/01/2025 for application 19/117,424. Claims 1-9 are pending; claim 5 has been amended; claim 9 is added. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 04/01/2025, 01/21/2026 have been considered by the examiner. Drawings The drawings are objected to because “first and second communication paths” in claim 1. Fig.2 does not clearly identify the complete configurations and respective openings of both communication paths including their relationships to the partition wall and the shaft member as recited in claim 1. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claim 6 is objected to because of the following informalities: Claim 6, line 1 recites “A vehicular drive device” should read -- The vehicular drive device-- as the limitation previous recited in claim 1. Appropriate correction is required. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 7-8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by OSHIDARI (US 20230313877 A1) OSHIDARI discloses: Claim 1: A vehicular drive device (1A; fig.2, 12) comprising: a rotating electrical machine (2); a transmission mechanism (3) that transmits drive force from the rotating electrical machine (2) to a wheel (W, see ¶[0056]); a case (10); and a channel forming member (111) that is housed in the case (10) wherein a first housing chamber (Sb) in which oil that is able to be scraped up by rotation of a gear (gear 52 of differential case 50) of the transmission mechanism (3) is accumulated, a second housing chamber (Sa) that houses the rotating electrical machine (2), a first communication path (181) provided on a partition wall (120) between the first housing chamber (Sb) and the second housing chamber (Sa) in an axial direction of the case (6), and a second communication path (180) are formed in the case (e.g. 121 which is part of the case 10), the transmission mechanism (3) transmits drive force to the wheel (W) via a shaft member (DA), the channel forming member (111 has passages 170, 171 see Fig.12) partitions movement of oil between a space (space on either left or right of motor 2) on a side that is an axially one end side of the rotating electrical machine (2) and is connected to the transmission mechanism (3), and a space (space on either left or right of motor 2) on an axially another end side of the rotating electrical machine (2) (e.g. 111 together with passages 170,171 direct and divides movement of oil OL into separate flow routes associate with opposite axial end region of motor as shown in Fig.12), the first communication path (181) has one end communicating with a space on an axially one end side in the second housing chamber (Sa), and has another end communicating with the first housing chamber (Sb), and the second communication path (180) has one end communicating with a space on an axially another end side in the second housing chamber (Sa) and has another end communicating with the first housing chamber (Sb) and being provided on a lower portion of the shaft member (DA). Claim 7: The vehicular drive device according to claim 1, wherein the case (10) includes a case member (121) disposed on a radially outer side of the rotating electrical machine (2) and on a radially outer side of the shaft member (DA), and a cover member (13) that is joined to (via 112) the case member (121) and covers the axially another end side of the rotating electrical machine (2) in an axial direction, and the one end in the second communication path (180) is opened to a space formed with the case member (121) and the cover member (13) in an axial direction. Claim 8: The vehicular drive device according to claim 1, wherein the channel forming member (111) blocks, in the second housing chamber (Sa), direct flow of oil between the space in the axially one end side of the rotating electrical machine (2) and the space in the axially another end side of the rotating electrical machine (2) (Examiner interprets “block” as obstruct a direct flow route and causes oil to follow alternative path. As shown in fig.12 the wall portion 111 separates the motor region from the surrounding housing region, such that oil cannot flow directly through the solid portion of the wall 111. Instead, oil is directed through defined opening 170, 171. Thereof, it satisfies the claim limitation) 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. Claim(s) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIMURA (JP 2001190042 A) in view of OSHIDARI (US 20230313877 A1) Claim 1: KIMURA discloses a vehicular drive device (1; fig.3) comprising: a rotating electrical machine (1); a transmission mechanism (2) that transmits drive force from the rotating electrical machine (1) to a wheel (left/right wheel, see ¶[0015]); a case (10,20); and a channel forming member (100) that is housed in the case (10) wherein a first housing chamber (e.g. gear chamber) in which oil that is able to be scraped up by rotation of a gear (22) of the transmission mechanism (3) is accumulated (¶[0025]), a second housing chamber (e.g. motor chamber) that houses the rotating electrical machine (1), a second communication path (102b) are formed in the case (e.g. 102 which is part of the case 10), the transmission mechanism (2) transmits drive force to the wheel (left/right wheel) via a shaft member (226), the second communication path (102b) has one end communicating with a space on an axially another end side in the second housing chamber (e.g. motor chamber, see ¶[0023]) and has another end communicating with the first housing chamber (e.g. gear chamber) and being provided on a lower portion of the shaft member (226). KIMURA does not disclose a first communication path provided on a partition wall between the first housing chamber and the second housing chamber in an axial direction of the case, the first communication path has one end communicating with a space on an axially one end side in the second housing chamber, and has another end communicating with the first housing chamber, and the channel forming member partitions movement of oil between a space on a side that is an axially one end side of the rotating electrical machine and is connected to the transmission mechanism, and a on an axially another end side of the rotating electrical machine. OSHIDARI teaches a vehicular drive device (1A; fig.2) having channel forming member (111 has passages 170, 171 see Fig.12) partitions movement of oil between a space (space on either left or right of motor 2) on a side that is an axially one end side of the rotating electrical machine (2) and is connected to the transmission mechanism (3), and a space (space on either left or right of motor 2) on an axially another end side of the rotating electrical machine (2) (e.g. 111 together with passages 170,171 direct and divides movement of oil OL into separate flow routes associate with opposite axial end region of motor as shown in Fig.12), a first communication path (181) provided on a partition wall (120) between the first housing chamber (Sb) and the second housing chamber (Sa) in an axial direction of the case (6), and the first communication path (181) has one end communicating with a space on an axially one end side in the second housing chamber (Sa), and has another end communicating with the first housing chamber (Sb). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify motor housing and oil communication arrangement of KIMURA to incorporate first communication path 181 and oil passages 170 and 171 as taught by OSHIDARI in order to provide defined oil circulation routes to lubricate and cool motor components. Claim 2: KIMURA as modified by OSHIDARI discloses the vehicular drive device according to claim 1, further comprising an object (227) to be lubricated e.g. chamber that accommodates shaft 226) that houses the shaft member (226) is further formed in the case (10), third housing chamber (e.g. chamber that accommodates shaft 226) has one end opened to (via 220. Note: the phrase “opened to” does not define in the specification. Thereof, the phrase “opened to” is interpreted as opening that provides access or fluid communication with space or recited chamber via intermediate member(s)) the first housing chamber (e.g. gear chamber) so that oil scraped up by rotation of the gear (22) is introduced, and has another end communicating with the second housing chamber (e.g. motor chamber), the second communication path (102b) has one end communicating with the second housing chamber (e.g. motor chamber) so that oil that lubricates the object to be lubricated is introduced, and has another end opened to the first housing chamber (e.g. gear chamber), and the another end of the first communication path (181 as taught by OSHIDARI) is opened to (via 220. Note: the phrase “opened to” does not define in the specification. Thereof, the phrase “opened to” is interpreted as opening that provides access or fluid communication with space or recited chamber via intermediate member(s)) the first housing chamber (e.g. gear chamber) or communicates with the first housing chamber via the second communication path. Claim(s) 3-4,6 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIMURA (JP 2001190042 A) in view of OSHIDARI (US 20230313877 A1) and further in view of KOSAKA (US 20240313615 A1) Claim 3: KIMURA as modified by OSHIDARI discloses the vehicular drive device according to claim 2, wherein an axial center of the shaft member is parallel to an axial center of the rotating electrical machine and offsets to one side of a left-right direction (as shown in Fig.3). KIMURA as modified by OSHIDARI does not disclose a catch tank that extends around an axial center of the rotating electrical machine, communicates with the first housing chamber, and is able to catch oil scraped up by rotation of the gear, and a discharge port that opens a lower portion of the catch tank to the first housing chamber are further formed in the case. KOSAKA teaches a unit (1; Fig.2-3) having a catch tank (CT4) that extends around an axial center (x1) of the rotating electrical machine (2), communicates with the first housing chamber (e.g. gear chamber), and is able to catch oil scraped up by rotation of the gear (FG), and a discharge port (883) that opens a lower portion of the catch tank (ct4) to the first housing chamber (e.g. gear chamber) are further formed in the case (8). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify motor housing and oil communication arrangement of KIMURA to incorporate the catch tank (CT4) and discharge port (883) as taught by KOSAKA in the modified drive unit of KIMURA in order to improve oil circulation and reducing excessive accumulation of oil within the housing. Claim 4: KIMURA as modified by OSHIDARI and KOSAKA discloses the vehicular drive device according to claim 3, wherein the another end (path of 102b that is toward 220) of the second communication path (102b) overlaps the gear (22) as viewed in an axial direction, and the another end of the first communication path (181 as taught by OSHIDARI) is opened to (via 220. Note: the phrase “opened to” does not define in the specification. Thereof, the phrase “opened to” is interpreted as opening that provides access or fluid communication with space or recited chamber via intermediate member(s). Accordingly, 181 which communication with lower portion of catch tank ct4 via 220 in the proposed modified structure, satisfies the claimed limitation) a lower portion of the catch tank (CT4 as taught by KOSAKA). Claim 6: KIMURA as modified by OSHIDARI and KOSAKA discloses a vehicular drive device according to claim 3, wherein a shaft center oil passage (11a and 11b) is further formed in a rotor shaft (11) of the rotating electrical machine in the case (10),the shaft center oil passage (11a and 11b) communicates with a space on an axially one end side and with a space on an axially another end side in the second housing chamber (e.g. motor chamber), and the catch tank (CT4 as taught by KOSAKA) communicates with the shaft center oil passage (11a and 11b) so that oil scraped up by rotation of the gear (22) is supplied to the shaft center oil passage (11a and 11b). Claim(s) 5, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIMURA (JP 2001190042 A) in view of OSHIDARI (US 20230313877 A1) and KOSAKA (US 20240313615 A1) in view of KIYOUE (JP 2018192862 A) Claim 5 and 9: KIMURA as modified by OSHIDARI and KOSAKA does not disclose an oil temperature sensor at a lower portion of the catch tank. KIYOUE teaches a lubrication device (120; Fig.8) having an oil temperature sensor (132) at a lower portion of the catch tank (34). would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include oil temperature sensor (132) as taught by KIYOUE at lower portion of the catch tank in the modified drive unit of KIMURA in order to improve measurement accuracy and reduce temperature fluctuations caused by intermittent oil flow. Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: NAKATA (US 20230136544 A1) discloses oil passages between the motor and gear chamber. ISHIKAWA (US 20220205530 A) discloses oil passages between the motor and gear chamber. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lillian T Nguyen whose telephone number is (571)270-5404. The examiner can normally be reached Monday-Friday, 8:30am-5pm. 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. /LILLIAN T NGUYEN/ Examiner, Art Unit 3655a
Read full office action

Prosecution Timeline

Apr 01, 2025
Application Filed
Oct 16, 2026
Non-Final Rejection mailed — §102, §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
84%
Grant Probability
98%
With Interview (+13.9%)
2y 1m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 723 resolved cases by this examiner. Grant probability derived from career allowance rate.

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