Prosecution Insights
Last updated: October 26, 2026
Application No. 19/488,818

Internal Combustion Engine and Motor Vehicle Having Same

Non-Final OA §102
Filed
Nov 29, 2025
Priority
May 31, 2023 — DE 10 2023 114 215.1 +1 more
Examiner
MATTHIAS, JONATHAN R
Art Unit
3746
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
681 granted / 871 resolved
+8.2% vs TC avg
Strong +21% interview lift
Without
With
+21.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
18 currently pending
Career history
890
Total Applications
across all art units

Statute-Specific Performance

§101
3.5%
-36.5% vs TC avg
§103
37.5%
-2.5% vs TC avg
§102
32.4%
-7.6% vs TC avg
§112
26.2%
-13.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 871 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 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) 11, 12 and 16-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102019/129366 A1 to Hall (Hall). A machine translation was relied upon for the basis of this rejection. In reference to claim 11, Hall discloses an internal combustion engine for a motor vehicle, with: a crankcase (9; Fig. 2); an inlet tract (4, 5, 6) through which air can flow; and a crankcase ventilation device which has: a suction jet pump (33) to which at least a part of the air from the inlet tract can be fed in order to ventilate the crankcase such that a gas can be drawn from the crankcase as a suction medium in order to ventilate the crankcase by means of the suction jet pump utilizing the air fed to the suction jet pump as a motive medium for the suction jet pump (par. 0023); a supply line (30, 34 or alternatively, 37) via which the suction jet pump can be supplied with the motive medium; and a suction line (17, 35) via which the suction medium can be drawn from the crankcase by means of the suction jet pump and conveyed to the suction jet pump; a branch line (the line between elements 8 and 28, leading to 38) by means of which at least a part of the air from the inlet tract can be introduced into the suction line. In reference to claim 12, Hall discloses the internal combustion engine as claimed in claim 11, wherein: the supply line is fluidically connected to the inlet tract at a first connection point (at symbol 14 or at symbol 5) and to the suction jet pump at a second connection point (37 or 34); and the branch line is fluidically connected to the inlet tract at a third connection point (the line between elements 8 and 28) different from the first connection point and to the suction line at a fourth connection point (at 38) different from the second connection point. In reference to claim 16, Hall discloses the internal combustion engine as claimed in claim 12, wherein the first connection point is arranged, in a flow direction of the air flowing through the inlet tract, downstream from a compressor (11 or 3) that is arranged in the inlet tract and is configured to compress the air flowing through the inlet tract. In reference to claim 17, Hall discloses the internal combustion engine as claimed in claim 16, wherein the fourth connection point (at 38) is arranged, in a flow direction of the gas flowing through the suction line, upstream from the second connection point (37 or 34). In reference to claim 18, Hall discloses the internal combustion engine as claimed in claim 17, wherein the fourth connection point (at 38) is arranged, in the flow direction of the gas flowing through the suction line, downstream from the crankcase (9). In reference to claim 19, Hall discloses the internal combustion engine as claimed in claim 18, wherein at least one longitudinal region of the suction line is formed by a suction piece of a housing of the suction jet pump (portion of 17 between 38 and 35), wherein the branch line opens out into the suction piece. In reference to claim 20, Hall discloses the internal combustion engine as claimed in claim 12, wherein the fourth connection point (at 38) is arranged, in a flow direction of the gas flowing through the suction line, upstream from the second connection point (37 or 34). In reference to claim 21, Hall discloses the internal combustion engine as claimed in claim 20, wherein the fourth connection point (at 38) is arranged, in the flow direction of the gas flowing through the suction line, downstream from the crankcase (9). In reference to claim 22, Hall discloses the internal combustion engine as claimed in claim 12, wherein the fourth connection point (at 38) is arranged, in a flow direction of the gas flowing through the suction line, downstream from the crankcase (9). In reference to claim 23, Hall discloses the internal combustion engine as claimed in claim 11, wherein at least one longitudinal region of the suction line is formed by a suction piece of a housing of the suction jet pump (portion of 17 between 38 and 35), wherein the branch line opens out into the suction piece. In reference to claim 24, Hall discloses the internal combustion engine as claimed in claim 11, further comprising a valve device (38) arranged in the branch line by means of which a quantity of the air coming from the inlet tract and flowing through the branch line can be set (par. 0040). In reference to claim 25, Hall discloses a motor vehicle (par. 0005) with the internal combustion engine as claimed in claim 11. Claim(s) 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0224232 A1 to Hotta (Hotta). In reference to claim 11, Hotta discloses an internal combustion engine for a motor vehicle, with: a crankcase (par. 0051; Fig. 4); an inlet tract (22; Fig. 4) through which air can flow; and a crankcase ventilation device which has: a suction jet pump (36) to which at least a part of the air from the inlet tract can be fed in order to ventilate the crankcase such that a gas can be drawn from the crankcase as a suction medium in order to ventilate the crankcase by means of the suction jet pump utilizing the air fed to the suction jet pump as a motive medium for the suction jet pump (par. 0052); a supply line (line leading to 36 from portion of 22 between 26 and 28) via which the suction jet pump can be supplied with the motive medium; and a suction line (64) via which the suction medium can be drawn from the crankcase by means of the suction jet pump and conveyed to the suction jet pump; a branch line (60) by means of which at least a part of the air from the inlet tract can be introduced into the suction line. In reference to claim 12, Hotta discloses the internal combustion engine as claimed in claim 11, wherein: the supply line is fluidically connected to the inlet tract at a first connection point (from 22 between 26 and 28) and to the suction jet pump at a second connection point (where the line enters 36); and the branch line is fluidically connected to the inlet tract at a third connection point (from 22 downstream of 38) different from the first connection point and to the suction line at a fourth connection point (via inside of 18) different from the second connection point. In reference to claim 13, Hotta discloses the internal combustion engine as claimed in claim 12, wherein the third connection point (from 22 downstream of 38) is arranged, in a flow direction of air flowing through the inlet tract, upstream from the first connection point (from 22 between 26 and 28). In reference to claim 14, Hotta discloses the internal combustion engine as claimed in claim 13, wherein the first connection point (from 22 between 26 and 28) is arranged, in the flow direction of the air flowing through the inlet tract, downstream from a compressor (26b) that is arranged in the inlet tract and is configured to compress the air flowing through the inlet tract. In reference to claim 15, Hotta discloses the internal combustion engine as claimed in claim 14, wherein the third connection point (from 22 downstream of 38) is arranged, in the flow direction of the air flowing through the inlet tract, upstream from the compressor (26b). Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2015/0308310 A and 2015/0240732 A1 each appear to also anticipate at least claim 11 and may be relied upon in a subsequent Office action. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN MATTHIAS whose telephone number is (571)272-5168. The examiner can normally be reached Monday-Wednesday 10am - 6pm Pacific Time. 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, Mark Laurenzi III can be reached at (571) 270-7878. 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. /JONATHAN R MATTHIAS/Primary Examiner, Art Unit 3746 05 October 2026
Read full office action

Prosecution Timeline

Nov 29, 2025
Application Filed
Oct 07, 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
78%
Grant Probability
99%
With Interview (+21.0%)
2y 2m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 871 resolved cases by this examiner. Grant probability derived from career allowance rate.

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