Prosecution Insights
Last updated: August 18, 2026
Application No. 19/321,733

BATTERY ELECTRIC VEHICLE AND STORAGE MEDIUM

Non-Final OA §102
Filed
Sep 08, 2025
Priority
Dec 27, 2024 — JP 2024-231982
Examiner
AFRIN, NAZIA
Art Unit
3666
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Motor Corporation
OA Round
1 (Non-Final)
50%
Grant Probability
Moderate
1-2
OA Rounds
2y 1m
Est. Remaining
68%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allowance Rate
11 granted / 22 resolved
-2.0% vs TC avg
Strong +18% interview lift
Without
With
+18.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
50 currently pending
Career history
85
Total Applications
across all art units

Statute-Specific Performance

§101
12.5%
-27.5% vs TC avg
§103
59.8%
+19.8% vs TC avg
§102
22.6%
-17.4% vs TC avg
§112
5.1%
-34.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 22 resolved cases

Office Action

§102
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 . 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. (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. Claims 1-5 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by US 20220041063 A1 to Isami et al. (herein after “Isami”). Regarding claim 1, Isami teaches A battery electric vehicle (See para[0041]The electric vehicle 10 includes a battery 14 and an inverter 16. The battery 14 stores electrical energy that drives the electric motor 2) that travels with a driving force generated by an electric motor, the battery electric vehicle comprising: a shifter operable by a driver (See Isami para[0043] The electric vehicle 10 further includes a pseudo-shift lever (pseudo-shifter) 26 and a pseudo-clutch pedal 28 as operation input devices.) ; and a control device (See Isami Controller 50) configured to be able to execute multiple types of automatic driving force control of changing the driving force (See Abstract the controller is configured to control the pedal reaction force output by the pedal reaction force generator in response to the operation of the pseudo-clutch pedal using the stored pedal reaction force characteristic.) regardless of input from the driver during execution of manual driving force control of changing the driving force in response to the input from the driver, (See Isami Isami para[0006] Particularly for drivers who are accustomed to driving MT vehicles, a pseudo-shifting operation that does not involve the driver's own manual shifting operation may cause discomfort in the driving senses of drivers who seek the pleasure of driving MT) wherein: the manual driving force control includes a first mode in which the input from the driver includes an operation of the shifter (See Isami para[0003] Of course, EVs are not equipped with a manual transmission (MT: Manual Transmission) that switches gear ratios by the driver's manual operation.) , and an output characteristic of the electric motor is switchable in multiple stages by the operation of the shifter, (See Isami para[0007] the electric motor to be controlled by the operation of the pseudo-shifter and the pseudo-clutch pedal so that torque characteristic similar to the torque characteristic of the MT vehicle can be obtained) and a second mode (See EV mode) in which the input from the driver does not include the operation of the shifter; (See Isami para[0043] The pseudo-shift lever 26 and the pseudo-clutch pedal 28 are dummies that differ from the original shift lever or clutch pedal, see claim 1 a process of receiving an operation amount of the pseudo-clutch pedal as an input of an operation amount of the clutch pedal with respect to the MT vehicle model,a process of receiving a shift position of the pseudo-shifter as an input of a shift position of the shifter with respect to the MT vehicle model,) and the multiple types of automatic driving force control include first-type automatic driving force control that is operated during driving in the first mode (See para[0010] The electric vehicle includes a pedal reaction force generator that generates a pedal reaction force against operation of the pseudo-clutch pedal, by operation of a reaction force actuator. Then, the controller is configured to control the pedal reaction force output by the pedal reaction force generator in response to the operation amount of the pseudo-clutch pedal) and is also operated during driving in the second mode (See claim 1 the electric vehicle comprises a pedal reaction force generator that generates a pedal reaction force against operation of the pseudo-clutch pedal, by operation of a reaction force actuator, and wherein, the controller is configured to control the pedal reaction force output by the pedal reaction force generator in response to the operation amount of the pseudo-clutch pedal.), and second-type automatic driving force control that is not operated during the driving in the first mode and is operated during the driving in the second mode. (See para [0062] In the EV mode, the operation is not reflected in the operation of the electric vehicle 10 even if the driver operates the pseudo-shift lever 26 or the pseudo-clutch pedal 28. That is, in the EV mode, the operation of the pseudo-shift lever 26 and the operation of the pseudo-clutch pedal 28 are disabled). Regarding claim 2, Isami teaches wherein the first -type automatic driving force control includes automatic driving force control that is not operated during the driving in the first mode (see Isami operating as EV mode) when the driver selects non-operation of the first-type automatic driving force control. (see Isami at least para[0050] the mode selection switch 42 )(See Isami at least para[0010] The electric vehicle includes a pedal reaction force generator that generates a pedal reaction force against operation of the pseudo-clutch pedal, by operation of a reaction force actuator. Then, the controller is configured to control the pedal reaction force output by the pedal reaction force generator in response to the operation amount of the pseudo-clutch pedal.) Regarding claim 3, Isami teaches wherein the second-type automatic driving force control includes automatic driving force control that is operated during the driving in the first mode (see Isami operated in MT mode) when the driver selects operation of the second-type automatic driving force control(see Isami at least para[0050] the mode selection switch 42 )(see Isami at least para[0010] using the MT vehicle model, and a process of calculating the motor torque for providing the driving wheel torque to driving wheels of the electric vehicle. The electric vehicle includes a pedal reaction force generator that generates a pedal reaction force against operation of the pseudo-clutch pedal, by operation of a reaction force actuator. Then, the controller is configured to control the pedal reaction force output by the pedal reaction force generator in response to the operation amount of the pseudo-clutch pedal). Regarding claim 4, Isami teaches further comprising a clutch pedal operable by the driver, wherein: in the first mode (see Isami MT mode) , the input from the driver includes an operation of the clutch pedal (See Isami at least para[0043] The electric vehicle 10 further includes a pseudo-shift lever (pseudo-shifter) 26 and a pseudo-clutch pedal 28 as operation input devices.), and the output characteristic of the electric motor is switchable in multiple stages by the operation of the shifter and an operation of the clutch pedal (See Isami at least para[0010] a process of receiving a shift position of the pseudo-shifter as an input of a shift position of the shifter with respect to the MT vehicle model, a process of calculating the driving wheel torque determined by the operation amount of the accelerator pedal, the operation amount of the pseudo-clutch pedal, and the shift position of the pseudo-shifter, using the MT vehicle model, and a process of calculating the motor torque for providing the driving wheel torque to driving wheels of the electric vehicle. The electric vehicle includes a pedal reaction force generator that generates a pedal reaction force against operation of the pseudo-clutch pedal, by operation of a reaction force actuator. Then, the controller is configured to control the pedal reaction force output by the pedal reaction force generator in response to the operation amount of the pseudo-clutch pedal.); and in the second mode (EV mode), the input from the driver does not include the operation of the clutch pedal (see at least para[0010] The electric vehicle includes an accelerator pedal, a pseudo-clutch pedal, a pseudo-shifter, and a controller configured to control motor torque output by the electric motor, MT vehicle model simulating a torque characteristic of a driving wheel torque in an MT vehicle having an internal combustion engine which is controlled torque by operation of a gas pedal, and a manual transmission in which a gear stage is switched by operation of a clutch pedal and a shifter) . Regarding claim 5, Isami teaches A non-transitory storage medium storing a program (see The controller includes a memory and a processor. The memory is configured to store an MT vehicle model simulating a torque characteristic of a driving wheel torque in an MT vehicle having an internal combustion engine which is controlled torque by operation of a gas pedal, para[0049] The controller 50 is typically an ECU (Electronic Control Unit) mounted on the electric vehicle 10. The controller 50 may be a combination of a plurality of ECUs. ) for a battery electric vehicle (See para[0041]The electric vehicle 10 includes a battery 14 and an inverter 16. The battery 14 stores electrical energy that drives the electric motor 2) including a shifter operable by a driver(See Isami para[0043] The electric vehicle 10 further includes a pseudo-shift lever (pseudo-shifter) 26 and a pseudo-clutch pedal 28 as operation input devices.), the program being configured to cause an in-vehicle computer to execute multiple types of automatic driving force See Abstract the controller is configured to control the pedal reaction force output by the pedal reaction force generator in response to the operation of the pseudo-clutch pedal using the stored pedal reaction force characteristic.) control of changing a driving force regardless of input from the driver during execution of manual driving force control of changing the driving force in response to the input from the driver(See Isami Isami para[0006] Particularly for drivers who are accustomed to driving MT vehicles, a pseudo-shifting operation that does not involve the driver's own manual shifting operation may cause discomfort in the driving senses of drivers who seek the pleasure of driving MT), wherein: the manual driving force control includes a first mode in which the input from the driver includes an operation of the shifter(See Isami para[0003] Of course, EVs are not equipped with a manual transmission (MT: Manual Transmission) that switches gear ratios by the driver's manual operation.), and an output characteristic of an electric motor is switchable in multiple stages by the operation of the shifter(See Isami para[0007] the electric motor to be controlled by the operation of the pseudo-shifter and the pseudo-clutch pedal so that torque characteristic similar to the torque characteristic of the MT vehicle can be obtained), and a second mode(See EV mode) in which the input from the driver does not include the operation of the shifter(See Isami para[0043] The pseudo-shift lever 26 and the pseudo-clutch pedal 28 are dummies that differ from the original shift lever or clutch pedal, see claim 1 a process of receiving an operation amount of the pseudo-clutch pedal as an input of an operation amount of the clutch pedal with respect to the MT vehicle model,a process of receiving a shift position of the pseudo-shifter as an input of a shift position of the shifter with respect to the MT vehicle model,); and the multiple types of automatic driving force control include first-type automatic driving force control that is operated during driving in the first mode (See para[0010] The electric vehicle includes a pedal reaction force generator that generates a pedal reaction force against operation of the pseudo-clutch pedal, by operation of a reaction force actuator. Then, the controller is configured to control the pedal reaction force output by the pedal reaction force generator in response to the operation amount of the pseudo-clutch pedal) and is also operated during driving in the second mode(See claim 1 the electric vehicle comprises a pedal reaction force generator that generates a pedal reaction force against operation of the pseudo-clutch pedal, by operation of a reaction force actuator, and wherein, the controller is configured to control the pedal reaction force output by the pedal reaction force generator in response to the operation amount of the pseudo-clutch pedal.), and second-type automatic driving force control that is not operated during the driving in the first mode and is operated during the driving in the second mode(See para [0062] In the EV mode, the operation is not reflected in the operation of the electric vehicle 10 even if the driver operates the pseudo-shift lever 26 or the pseudo-clutch pedal 28. That is, in the EV mode, the operation of the pseudo-shift lever 26 and the operation of the pseudo-clutch pedal 28 are disabled). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAZIA AFRIN whose telephone number is (703)756-1175. The examiner can normally be reached Monday-Friday 7:30-6. 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, Scott A Browne can be reached at 5712700151. 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. /NAZIA AFRIN/ Examiner, Art Unit 3666 /SCOTT A BROWNE/ Supervisory Patent Examiner, Art Unit 3666
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Prosecution Timeline

Sep 08, 2025
Application Filed
Jul 22, 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
50%
Grant Probability
68%
With Interview (+18.3%)
3y 0m (~2y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 22 resolved cases by this examiner. Grant probability derived from career allowance rate.

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