Prosecution Insights
Last updated: July 17, 2026
Application No. 19/235,471

METHOD FOR IMPROVING A VEHICLE-DYNAMICS-RELATED STABILITY OF A UTILITY VEHICLE HAVING A LIFT AXLE

Non-Final OA §102
Filed
Jun 11, 2025
Priority
Dec 20, 2022 — DE 10 2022 134 146.1 +1 more
Examiner
MANLEY, SHERMAN D
Art Unit
3661
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
ZF Friedrichshafen AG
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
492 granted / 585 resolved
+32.1% vs TC avg
Moderate +12% lift
Without
With
+12.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
17 currently pending
Career history
613
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
54.9%
+14.9% vs TC avg
§102
32.8%
-7.2% vs TC avg
§112
4.5%
-35.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 585 resolved cases

Office Action

§102
DETAILED ACTION This Non-final Office Action is in response to the claims field on 6/11/2025. Claims 1-19 are currently pending. 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 and 7-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Datema (US 2021/0276222). As to claim 1 Datema discloses a method for improving a vehicle-dynamics-related stability of a utility vehicle (figure 1), wherein the utility vehicle has a lift axle (240, tag axle), the method comprising: determining a current ground speed of the utility vehicle (though speed sensor 432); determining a stability-critical speed of the utility vehicle (threshold speed, paragraph 0080); comparing the current ground speed with the stability-critical speed (paragraph 0080); determining a lift status of the lift axle of the utility vehicle (the lift axle us up and needs to be lowered, paragraph 0080); and, lowering the lift axle of the utility vehicle if the lift status represents a raised lift axle and the current ground speed is greater than or equal to the stability-critical speed. (paragraph 0080) As to claim 7 Datema discloses the method of claim 1, wherein said determining the stability-critical speed of the utility vehicle includes: predicting a lateral dynamic stability behavior of the utility vehicle based on a current vehicle configuration of the utility vehicle (the lateral stability is predicted in paragraph 0088); and, defining the stability-critical speed based on the predicted lateral dynamic stability behavior of the utility vehicle. (In paragraph 0080 the system determines if the vehicle is in a job sight. If so, the vehicle will not lower the axle this is due to stability of the vehicle on job sights) As to claim 8 Datema discloses the method of claim 7, wherein said predicting the lateral dynamic stability behavior of the utility vehicle based on the current vehicle configuration of the utility vehicle includes: determining two or more geometric characteristics (the axis 110 and the circumference of the wheel 202) and two or more load characteristics (the weight and force on the wheel, paragraph 0055) of the current vehicle configuration; generating an individualized vehicle model of the current vehicle configuration using the geometric characteristics and the load characteristics (figure 2); and, predicting dynamic characteristics of the current vehicle configuration using the individualized vehicle model (used in this application to predict the need to lower and raise the life axle). As to claim 9 Datema discloses the method of claim 1, wherein said determining the stability-critical speed of the utility vehicle is a selection of a pre-stored stability-critical speed from a memory in which at least one stability-critical speed is pre-stored (the threshold speed discloses on paragraph 0080 is pre-stored). As to claim 10 Datema discloses the method of claim 9, wherein the pre-stored stability-critical speed is in a range from 20 km/h to 100 km/h. (that range includes highway speeds as disclosed in 0080) As to claim 11 Datema discloses the method of claim 9, wherein the pre-stored stability-critical speed is in a range from 30 km/h to 60 km/h. (that range includes highway speeds as disclosed in 0080) As to claim 12 Datema discloses the method of claim 9, wherein the pre-stored stability-critical speed is in a range from 45 km/h to 55 km/h. (that range includes highway speeds as disclosed in 0080) As to claim 14 Datema discloses the method of claim 1 further comprising determining dynamic route data; and, wherein said determining the stability-critical speed of the utility vehicle is carried out using the dynamic route data. (figure 17) As to claim 15 Datema discloses the method of claim 1, wherein said lowering of the lift axle of the utility vehicle also takes place if a maximum permissible axle load of the utility vehicle is undershot when the lift axle is raised. (paragraph 0084) As to claim 16 Datema discloses a device for improving a vehicle-dynamics-related stability of a utility vehicle, which device is configured to perform the method of claim 1. (disclosed above in claim 1) As to claim 17 Datema discloses a utility vehicle comprising a lift axle and the device of claim 16. (figure 1) Allowable Subject Matter Claims 2-6 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. Claims 18, 19 are allowed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHERMAN D MANLEY whose telephone number is (571)270-5539. The examiner can normally be reached M-TH 7-5:30 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. SHERMAN D. MANLEY Examiner Art Unit 3747 /SHERMAN D MANLEY/Examiner, Art Unit 3747 /LOGAN M KRAFT/Supervisory Patent Examiner, Art Unit 3747
Read full office action

Prosecution Timeline

Jun 11, 2025
Application Filed
Jul 09, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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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
96%
With Interview (+12.2%)
2y 6m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 585 resolved cases by this examiner. Grant probability derived from career allowance rate.

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