Prosecution Insights
Last updated: August 30, 2026
Application No. 19/257,935

HYBRID ELECTRIC VEHICLE

Non-Final OA §103
Filed
Jul 02, 2025
Priority
Nov 15, 2024 — JP 2024-199723
Examiner
MARUNDA II, TORRENCE S
Art Unit
3663
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Motor Corporation
OA Round
1 (Non-Final)
26%
Grant Probability
At Risk
1-2
OA Rounds
2y 4m
Est. Remaining
60%
With Interview

Examiner Intelligence

Grants only 26% of cases
26%
Career Allowance Rate
15 granted / 57 resolved
-25.7% vs TC avg
Strong +34% interview lift
Without
With
+33.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
29 currently pending
Career history
102
Total Applications
across all art units

Statute-Specific Performance

§101
8.8%
-31.2% vs TC avg
§103
72.0%
+32.0% vs TC avg
§102
5.7%
-34.3% vs TC avg
§112
13.1%
-26.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 57 resolved cases

Office Action

§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 . 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 July 2, 2025 is considered by the examiner. Claim Rejections - 35 USC § 103 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 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. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Atala, et al. (U.S. Patent No. 10407050) in view of Hanyu, et al. (U.S. Patent No. 8140205). Regarding claim 1, Atala, et al. teaches: A hybrid electric vehicle comprising: an engine; (Col. 3, lines 12-14: "The HEV (110) includes […] an engine (114) [an engine]") An automatic transmission device including an input shaft connected to a crankshaft of the engine and an output shaft connected to a drive shaft connected to drive wheels; (Col. 3, lines 18-19: "multiple step-ratio automatic transmission, or gearbox (124) [automatic transmission]." ; Col. 3, lines 40-41: "M/G (118) may operate as a generator to convert rotational energy provided by a crankshaft (128) [connected to crankshaft of engine] and M/G shaft (130) [electric motor/generator shaft]" ; Col. 3, lines 54-56: "The torque converter (122) includes an impeller fixed to M/G shaft (130) [electric motor/generator shaft] and a turbine fixed to a transmission input shaft (132) [input shaft]." ; Col. 4, lines 27-28: "The gearbox (124) [automatic transmission] then provides powertrain output torque to output shaft (136) [output shaft]." ; Col. 4, lines 42-45: "…the output shaft (136) [output shaft] is connected to a differential (140). The differential (140) drives a pair of wheels (142) via respective axles (144) connected to the differential (140) [drive shaft connected to drive wheels].") an electric motor that is able to generate power and attached to the input shaft of the automatic transmission device; (Col. 3, lines 16-17: "an electric machine such as an electric motor/generator (M/G) (118) [electric motor that can generate power]" ; Col. 3, lines 54-56: "The torque converter (122) includes an impeller fixed to M/G shaft (130) [electric motor/generator shaft] and a turbine fixed to a transmission input shaft (132) [input shaft for automatic transmission device].") a high-voltage battery configured to exchange power with the electric motor; (Col. 3, lines 30-32: "Power electronics (156) condition direct current (DC) power provided by the traction battery (120) [high-voltage battery] to the requirements of the M/G (118) [exchange power with electric motor]") an inverter connected to a high-voltage side power line to which the high-voltage battery is connected, the inverter being configured to drive the electric motor; (Col. 6, lines 51-57: "The traction battery (120) transmits stored electrical energy through a high-voltage (HV) bus (154) [high voltage battery setup] to a power electronics module (156) that may include an inverter [inverter], for example. The high-voltage bus (154) includes wiring and conductors for conducting current between modules and may include a positive-side conductor and a negative-or return-side conductor [high-voltage side power line].") a low-voltage battery having a lower rated voltage lower than the high-voltage battery; (Col. 8, lines 2-4: "Low-voltage power may be supplied at a voltage level that is compatible with the auxiliary battery (160) (e.g., 12 Volts) [low-voltage battery having lower rated voltage than high-voltage battery].") a DC/DC converter connected between the high-voltage side power line and a low- voltage side power line to which the low-voltage battery is connected, the DC/DC converter being configured to exchange power between the high-voltage side power line and the low- voltage side power line with a change in voltage; (Col. 8, lines 4-10: "The power converter module (158) may be a DC/DC converter [DC/DC converter] that is configured to convert voltage from the high-voltage bus (154) to a voltage level compatible with the low-voltage power bus (166) (e.g., 12 Volts). The power converter (158) may be further configured to convert voltage from the low-voltage power bus (166) to voltage compatible with the high-voltage bus (154) [connected between high-voltage/low-voltage side power line (with low-voltage battery) in order to exchange power between high/low voltage side power lines with voltage changes].") and a control device configured to control the engine, the electric motor, and the automatic transmission device (Col. 4, lines 58-65: "…the powertrain control unit (150) [control device] and one or more other controllers can collectively be referred to as a "controller" that controls various actuators in response to signals from various sensors to control functions such as starting/stopping engine (114) [control engine], operating M/G (118) to provide wheel torque or charge the traction battery (120) [control electric motor], select or schedule transmission shifts [control automatic transmission], etc."). Atala, et al. does not teach wherein the control device is configured to execute electric motor rotation speed control such that, in a limp home mode in which the hybrid electric vehicle is travelling in a state in which the high-voltage battery is disconnected and the inverter is shut down, when a rotation speed of the electric motor reaches a predetermined rotation speed or higher, the automatic transmission device is controlled to upshift a gear stage of the automatic transmission device and when power output from the engine is smaller than target power, the engine is controlled to increase torque output from the engine. In a similar field of endeavor (hybrid vehicle driving systems), Hanyu, et al. teaches: wherein the control device is configured to execute electric motor rotation speed control such that, in a limp home mode in which the hybrid electric vehicle is travelling in a state in which the high-voltage battery is disconnected and the inverter is shut down, (Col. 6, lines 19-24: "…the system voltage (inverter terminal voltage) V.sub.DC can be increased independently of the battery voltage B.sub.BATT by the MG (11) generating electric power from the rotational inertial energy of the engine (10) in a state in which the battery (23) is electrically disconnected from the inverter (21) [limp home mode - high voltage battery is disconnected and inverter is shut down]. That is, since power generated by the MG (11) can be increased without depending on the battery voltage V.sub.BATT, the rotation speed of the engine (10) can more quickly reach the target value, and this can reduce the gear change time [motor rotation speed control].") when a rotation speed of the electric motor reaches a predetermined rotation speed or higher, the automatic transmission device is controlled to upshift a gear stage of the automatic transmission device and when power output from the engine is smaller than target power, the engine is controlled to increase torque output from the engine (Col. 6, lines 15-19: "In order to reduce the gear shift shock, gear shifting time may be reduced. In this regard, during an upshift, MG (11) may be used as a generator to use the rotational inertial energy of the engine (10) to generate electrical power and to reduce the time for the engine (10) to slow to a target rotational speed [rotation speed goes above limit, transmission upshifts gear stage of automatic transmission device]." ; Col. 16, lines 63-66: "When the system voltage V_DC does not reach the target value, Step (S407) is performed again so as to adjust the generated power by increasing the torque of the engine (10) [power output from engine is smaller than target value, engine is controlled to increase torque output from engine]."). Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify Atala, et al. to include the teaching of Hanyu, et al. based on a reasonable expectation of success and motivation to improve the gear change time and gear shifting performance of a hybrid vehicle (Hanyu, et al. Col. 1, lines 35-49). Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Atala, et al. (U.S. Patent No. 10407050) and Hanyu, et al. (U.S. Patent No. 8140205) in view of Rho, et al. (U.S. Patent No. 12110006). Regarding claim 2, the combination of Atala, et al. and Hanyu, et al. does not teach the hybrid electric vehicle according to claim 1, further comprising an air conditioning device configured to perform air-conditioning of a vehicle cabin using the power from the high-voltage side power line, wherein the control device is configured to execute the electric motor rotation speed control when the air conditioning device is operated in the limp home mode in which the hybrid electric vehicle is travelling in a state in which the high-voltage battery is disconnected. In a similar field of endeavor (control of limp-home traveling of hybrid electric vehicle), Rho, et al. teaches: The hybrid electric vehicle according to claim 1, further comprising an air conditioning device configured to perform air-conditioning of a vehicle cabin using the power from the high-voltage side power line, wherein the control device is configured to execute the electric motor rotation speed control when the air conditioning device is operated in the limp home mode in which the hybrid electric vehicle is travelling in a state in which the high-voltage battery is disconnected (Col. 7, lines 55-64: "…and at the same time, to allow the electronic load components, such as the LDC and the air conditioner compressor, to be operated, when the limp-home reverse traveling of the hybrid electric vehicle is performed by driving the motor using the counter-electromotive force of the hybrid starter generator [perform air conditioning in cabin using side power line under limp home mode]." ; Col. 8, lines 1-7: "the hybrid starter generator (50) configured to generate the counter-electromotive force while rotating with the engine when conditions where the engine starting is secured, the main relay is turned off, and the engine clutch is opened according to the request for the reverse traveling are satisfied in the state where the component of the high-voltage system is failed [specific mode in which high-voltage battery is disconnected]" ; Col. 8, lines 15-21: "and an engine speed control unit (122) configured to determine an engine speed required by the load output value calculated by the load output calculation unit (112), and to output a signal for restricting the operation of the motor or the electronic load component when the determined engine speed is equal to or higher than a reference speed [electric motor rotation speed control]."). Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify the combination of Atala, et al. and Hanyu, et al. to include the teaching of Rho, et al. based on a reasonable expectation of success and motivation to improve the control of limp-home movement of a hybrid electric vehicle (Rho, et al. Col. 2, lines 3-6). Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Atala, et al. (U.S. Patent No. 10407050) and Hanyu, et al. (U.S. Patent No. 8140205) in view of Murai (U.S. Patent No. 6777897). Regarding claim 3, the combination of Atala, et al. and Hanyu, et al. does not teach the hybrid electric vehicle according to claim 1, wherein the predetermined rotation speed is a rotation speed slightly lower than a rotation speed at which control of the electric motor by rectangular wave control is needed. In a similar field of endeavor (motor control), Murai teaches: The hybrid electric vehicle according to claim 1, wherein the predetermined rotation speed is a rotation speed slightly lower than a rotation speed at which control of the electric motor by rectangular wave control is needed (Col. 5, lines 7-14: "In the motor control apparatus in the embodiment, the rectangular wave conversion rate is set in correspondence to the motor rotation speed and the motor torque. FIG. 6 shows an example in which the rectangular wave conversion rate is set in correspondence to the rotation speed and the torque of the motor. In this example, the rectangular wave conversion rate is set higher as the motor rotation speed becomes higher and also as the motor torque increases [described relationship - rotation speed is slightly lower than rotation speed with respect to rectangular wave control - increases as conversion rate gets higher]."). Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify the combination of Atala, et al. and Hanyu, et al. to include the teaching of Murai based on a reasonable expectation of success and motivation to improve rectangular wave control on a hybrid vehicle motor as a function of rotation speed (Murai Col. 1, lines 38-41, Col. 9, lines 39-47). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yukawa (U.S. Patent No. 11964587) teaches a power control device for a hybrid vehicle which can enable power generation via a generator connected to a low-voltage battery. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TORRENCE S MARUNDA II whose telephone number is (571)272-5172. The examiner can normally be reached Monday-Friday 8:00-5:30. 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, ANGELA Y ORTIZ can be reached at 571-272-1206. 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. /TORRENCE S MARUNDA II/ Examiner, Art Unit 3663 /ANGELA Y ORTIZ/ Supervisory Patent Examiner, Art Unit 3663
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Prosecution Timeline

Jul 02, 2025
Application Filed
Jul 07, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
26%
Grant Probability
60%
With Interview (+33.7%)
3y 6m (~2y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 57 resolved cases by this examiner. Grant probability derived from career allowance rate.

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