Prosecution Insights
Last updated: April 19, 2026
Application No. 17/900,778

PEDAL CONTROL SYSTEM AND METHOD FOR AN ELECTRIC VEHICLE

Final Rejection §103
Filed
Aug 31, 2022
Examiner
MOSCOLA, MATTHEW JOHN
Art Unit
3663
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Nissan North America, Inc.
OA Round
3 (Final)
68%
Grant Probability
Favorable
4-5
OA Rounds
2y 8m
To Grant
80%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
64 granted / 94 resolved
+16.1% vs TC avg
Moderate +12% lift
Without
With
+12.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
34 currently pending
Career history
128
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
52.8%
+12.8% vs TC avg
§102
14.3%
-25.7% vs TC avg
§112
26.8%
-13.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 94 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 . Response to Arguments Applicant's arguments filed 11/24/2025 have been fully considered but are found to be unpersuasive at this time. With regards to arguments directed toward “modes/sub-modes”; It should be noted that under a broadest reasonable interpretation, Booth US-20240253635-A1 discloses a consideration for a plurality of modes which can be adjusted accordingly to operation conditions/inputs. As such, a person of ordinary skill in the art would reasonably understand that the disclosed modes can be further generically defined as sub-modes (e.g. as adjusted manually/automatically) of the overall mode of the vehicle (e.g. operational mode). Accordingly, Applicant’s arguments directed toward modes/sub-modes have been fully considered but are found to be unpersuasive at this time. With regards to arguments directed toward “a first/second switch”; It should be noted that Booth US-20240253635-A1 discloses “any one or more of the following components: switch(es) 208, dial(s) 210, slider(s) 212, and/or touchscreen 214” As such a person of ordinary skill in the art would reasonably understand that Booth, under a broadest reasonable interpretation, teaches a consideration for a plurality of switches, dials, sliders (e.g. user interfaces) to include a switching between a first, second, or plurality of modes [0039]. (Booth [0039] The user interface 206 may include any one or more of the following components: switch(es) 208, dial(s) 210, slider(s) 212, and/or touchscreen 214. The components of the user interface 206 facilitates changing or switching among a plurality of different modes for managing generative braking torque based on the driving conditions, as determined by the driver.) (Booth [0046] third mode 308, the maximum regenerative braking limit may be set between the first mode 304 and the second mode 306 as manually activated by the driver) Furthermore, Booth US-20240253635-A1 discloses a consideration a plurality of user interfaces (e.g. switch(es) as discussed above) in association with a second mode [308] wherein the second mode may be adjusted (e.g. into a plurality of defined sub-modes, modes set by the user [0046-0048]) manually by a user based upon input. (Booth [0046] third mode 308, the maximum regenerative braking limit may be set between the first mode 304 and the second mode 306 as manually activated by the driver) (Booth [FIG.3 0046-48] third mode 308, the maximum regenerative braking limit may be set between the first mode 304 and the second mode 306 as manually activated by the driver… The regenerative torque capability may be manually adjusted based on additional user input, which may be a user-specified/predetermined regenerative braking limit, for example) Accordingly, it is the Examiner’s opinion that Booth US-20240253635-A1 discloses, under a broadest reasonable interpretation, a consideration for a first and second switch configured to select one of a plurality of modes/sub-modes. With regards to arguments directed toward “an automatic mode selects of pre-defined sub-modes”; It should be noted that Booth US-20240253635-A1 discloses a consideration for [claim.1] determining that the (ii) automatically controlled regenerative braking mode is selected, automatically applying, by the controller, the scaling factor to the regenerative torque capability curve of the vehicle based on one or more traction control events and environmental factors. As such, the automatic mode of Booth is configured to further select operational conditions according to environmental factors. Furthermore, it should be noted that by selecting an automatic mode (e.g. through the use of a user interface), a pre-defined mode is selected (e.g. the automatic mode). The automatic mode therefore selects mode “Automatically Controlled Limited Regenerative Braking” mode 310. Accordingly, it is the Examiner’s opinion that Booth US-20240253635-A1 discloses, under a broadest reasonable interpretation, a consideration for an automatic mode which selects of pre-defined sub-modes. With regards to arguments directed toward Camhi determining “an amount of time…”; Applicant argues Camhi is not configured to determine an amount of time due to the fact that “without detecting the speed of the lead vehicle, the amount of time that the lead vehicle is ahead of the host vehicle cannot be determined”. However; Camhi does disclose a consideration for ‘detecting the speed of the lead vehicle” [0017] (Camhi [0017] … orientation, vehicle speed, distance to and speed of nearby vehicles, traffic conditions, actuation status of one or more pedals, vehicle maintenance alerts, battery recharge alerts, or a combination thereof.) Accordingly, it is the Examiner’s opinion that Camhi discloses, under a broadest reasonable interpretation, a consideration for determining the speed of a lead vehicle. With regards to arguments directed toward Vitullo; It should be noted that Vitullo is merely being relied upon for teaching a consideration for selecting a regenerative braking mode in response to proximate vehicles. (Vitullo [0010] using both the electric machine and the friction, regenerative, and/or combination regenerative-friction brakes. The electric machine and brakes, in response to the proximate vehicle signal and brake pedal signal, are adjusted according to and/or utilizing the deceleration-rate signal and the corresponding nearby-vehicle distance, among other signals and parameters) (Vitullo [0062] regenerative braking may continue in adaptive cruise mode as HEV 100 is decelerated at a rate to enables following a lead nearby vehicle while maintaining the lead-lag distance.) Due to the fact that the limitations (e.g. sub-modes) are taught by Booth US-20240253635-A1, arguments directed toward Vitullo are moot. With regards to arguments directed toward “additional deceleration”; It should be noted that under a broadest reasonable interpretation an “addition” of an operational value does not necessarily need to rely upon a previous value other than “0”/null. As such, It is this Examiner’s opinion that any operational value incorporated into functionality is “added/additional” to the operational conditions that came before. 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 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. Claim(s) 1, 12 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Booth US-20240253635-A1 and Camhi US-20200055402-A1 in view of Vitullo US-20180215272-A1. 1. (Previously Presented) Booth US-20240253635-A1 discloses A pedal control system for an electric vehicle [FIG.2]comprising: (Booth [0029] a vehicle system 100 includes a vehicle 101 which may be any suitable type of electric drive vehicle including but not limited to series hybrid and/or battery electric vehicles) a pedal configured to be operated in a first mode or a second mode, the first mode not including regenerative braking [mode 306] and the second mode including regenerative braking [mode 304], the second mode including a plurality of sub-modes, the plurality of sub-modes including an automatic mode [mode 310] and a plurality of predefined sub-modes [0046; mode 308]; (Booth [0028] the regenerative braking and the friction brakes are both implemented via the brake pedal) (Booth [0042] the control module receives input from the user interface, where the input is one of four (4) available modes: (a) “Full Regenerative Braking” mode 304, (b) “No Regenerative Braking” mode 306, (c) “Manually Controlled Limited Regenerative Braking” mode 308, and (d) “Automatically Controlled Limited Regenerative Braking” mode 310. The characteristics of each of the modes 304, 306, 308, and 310 are explained herein.) (Booth [0046] third mode 308, the maximum regenerative braking limit may be set between the first mode 304 and the second mode 306 as manually activated by the driver) a first switch configured to switch between the first mode and the second mode [FIG.2; user interface 206]; (Booth [0039] The user interface 206 may include any one or more of the following components: switch(es) 208, dial(s) 210, slider(s) 212, and/or touchscreen 214. The components of the user interface 206 facilitates changing or switching among a plurality of different modes for managing generative braking torque based on the driving conditions, as determined by the driver.) a second switch configured to select one of the plurality of sub-modes when the second mode is selected; (Booth [0039] The user interface 206 may include any one or more of the following components: switch(es) 208, dial(s) 210, slider(s) 212, and/or touchscreen 214. The components of the user interface 206 facilitates changing or switching among a plurality of different modes for managing generative braking torque based on the driving conditions, as determined by the driver.) (Booth [0046] third mode 308, the maximum regenerative braking limit may be set between the first mode 304 and the second mode 306 as manually activated by the driver) a sensor configured to obtain sensor data to determine a scene associated with an operational environment of the vehicle, the sensor data obtained by the sensor ****; and (Booth [0038] the controller 102 may further include a receiver/transmitter (not shown) capable of receiving and transmitting data in the form of signals via wired and/or wireless communications. In some examples, the receiver/transmitter allows the controller 102 to access a plurality of external components outside of the vehicle in order to obtain information indicative of environmental factors, such as the weather, terrain, etc. which may affect the road conditions Camhi US-20200055402-A1 discloses in a similar invention field of endeavor, a consideration for sensor data including “…detection of a lead vehicle ahead of the vehicle, and an amount of time that the lead vehicle is ahead of the vehicle; (Camhi [0017] radar sensors, speed sensors, maintenance sensors, battery sensors, pedal sensors, navigation devices, communication devices, camera devices, or a combination thereof, that are used to acquire information related to driving parameters of the electric vehicle, such as the type of road (e.g., closed access highway, rural roads, or urban streets) being traveled by the electric vehicle, road topography, vehicle geolocation, vehicle orientation, vehicle speed, distance to and speed of nearby vehicles, traffic conditions, actuation status of one or more pedals, vehicle maintenance alerts, battery recharge alerts, or a combination thereof.) (Camhi [0023] front radar sensor 102a, as the name suggests, can be arranged to point forward relative to the electric vehicle 100, and can detect the presence of other vehicle (or other obstacles) ahead of the electric vehicle 100. The front radar sensor 102b can also detect the distance to any other vehicle (or other obstacle) that is ahead of the electric vehicle 100 based on the travel time of the emitted electromagnetic wave or signal) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Booth to include sensor data comprising detection of a lead vehicle ahead of the vehicle, and an amount of time that the lead vehicle is ahead of the vehicle with a reasonable expectation for success, as taught by Camhi, for the benefit of providing information relative to a trailing/following behavior or a vehicle with respect to leading vehicle ahead, providing data relative to maintaining a safe following distance between vehicles and ensuring safe operation. an electronic controller [FIG.2; controller 102] configured to control an operating mode of the pedal when the second mode is selected, each of the plurality of sub-modes having a different rate of deceleration and regeneration, (Booth [FIG.3 0046-48] third mode 308, the maximum regenerative braking limit may be set between the first mode 304 and the second mode 306 as manually activated by the driver… The regenerative torque capability may be manually adjusted based on additional user input, which may be a user-specified/predetermined regenerative braking limit, for example) the automatic mode selecting one of the plurality of predefined sub-modes in which the pedal is operated, and (Booth [0042] the control module receives input from the user interface, where the input is one of four (4) available modes: (a) “Full Regenerative Braking” mode 304, (b) “No Regenerative Braking” mode 306, (c) “Manually Controlled Limited Regenerative Braking” mode 308, and (d) “Automatically Controlled Limited Regenerative Braking” mode 310. The characteristics of each of the modes 304, 306, 308, and 310 are explained herein.) the electronic controller being configured to select one of the plurality of predefined sub-modes based ***on inputs*** [0047]. (Booth [0039] The user interface 206 may include any one or more of the following components: switch(es) 208, dial(s) 210, slider(s) 212, and/or touchscreen 214. The components of the user interface 206 facilitates changing or switching among a plurality of different modes for managing generative braking torque based on the driving conditions, as determined by the driver.) (Booth [0042] the control module receives input from the user interface, where the input is one of four (4) available modes: (a) “Full Regenerative Braking” mode 304, (b) “No Regenerative Braking” mode 306, (c) “Manually Controlled Limited Regenerative Braking” mode 308, and (d) “Automatically Controlled Limited Regenerative Braking” mode 310. The characteristics of each of the modes 304, 306, 308, and 310 are explained herein.) (Booth [0047] In some examples, the regenerative torque capability curve may be automatically adjusted, for example by applying a scaling factor, based on one or more traction control events or environmental factors) Vitullo US-20180215272-A1 discloses in a similar invention field of endeavor, a consideration for regenerative braking conditions inputs based upon “…whether a lead vehicle is detected ahead of the vehicle”; (Vitullo [0010] using both the electric machine and the friction, regenerative, and/or combination regenerative-friction brakes. The electric machine and brakes, in response to the proximate vehicle signal and brake pedal signal, are adjusted according to and/or utilizing the deceleration-rate signal and the corresponding nearby-vehicle distance, among other signals and parameters) (Vitullo [0062] regenerative braking may continue in adaptive cruise mode as HEV 100 is decelerated at a rate to enables following a lead nearby vehicle while maintaining the lead-lag distance.) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Booth to include inputs based upon whether a lead vehicle is detected ahead of the vehicle with a reasonable expectation for success, as taught by Vitullo, for the benefit of providing a system capable of maintaining a predetermined lead-lag distance between two vehicles, ensuring a safe trailing distance is maintained by controlling the deceleration of a following vehicle in order to prevent collision. 21. (New) Booth US-20240253635-A1 discloses The pedal control system according to claim 1, wherein the first switch is different from the second switch. (Booth [0039] The user interface 206 may include any one or more of the following components: switch(es) 208, dial(s) 210, slider(s) 212, and/or touchscreen 214. The components of the user interface 206 facilitates changing or switching among a plurality of different modes for managing generative braking torque based on the driving conditions, as determined by the driver.) 12. (Currently Amended) The method of claim 12 is similar in scope to the disclosure of the system of claim(s) 1 and are therefore rejected under the same premise. For more information, please see the rejection in re claim(s) 1. Claim(s) 7-10 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Booth US-20240253635-A1, Camhi US-20200055402-A1 and Vitullo US-20180215272-A1, as applied to claim 1 and 12 above and further in view of Han US-20190202296-A1. 7. (Previously Presented) Booth US-20240253635-A1 discloses The pedal control system according to claim 1, wherein upon determining ***a setting***, the electronic controller is further configured to select one of the plurality of predefined sub-modes based ***on input***. (Booth [0042] the control module receives input from the user interface, where the input is one of four (4) available modes: (a) “Full Regenerative Braking” mode 304, (b) “No Regenerative Braking” mode 306, (c) “Manually Controlled Limited Regenerative Braking” mode 308, and (d) “Automatically Controlled Limited Regenerative Braking” mode 310. The characteristics of each of the modes 304, 306, 308, and 310 are explained herein.) Vitullo US-20180215272-A1 discloses in a similar invention field of endeavor, a consideration for regenerative braking conditions inputs based upon “…whether a lead vehicle is detected ahead of the vehicle”; (Vitullo [0010] using both the electric machine and the friction, regenerative, and/or combination regenerative-friction brakes. The electric machine and brakes, in response to the proximate vehicle signal and brake pedal signal, are adjusted according to and/or utilizing the deceleration-rate signal and the corresponding nearby-vehicle distance, among other signals and parameters) (Vitullo [0062] regenerative braking may continue in adaptive cruise mode as HEV 100 is decelerated at a rate to enables following a lead nearby vehicle while maintaining the lead-lag distance.) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Booth to include inputs based upon whether a lead vehicle is detected ahead of the vehicle with a reasonable expectation for success, as taught by Vitullo, for the benefit of providing a system capable of maintaining a predetermined lead-lag distance between two vehicles, ensuring a safe trailing distance is maintained by controlling the deceleration of a following vehicle in order to prevent collision. Han US-20190202296-A1 discloses in a similar invention field of endeavor, a consideration for regenerative braking “…based on the amount of time that the lead vehicle is ahead of the vehicle” (Han [0056] The regenerative braking level may be divided into a level 0 (Level 0), a level 1 (Level 1), a level 2 (Level 2, and a level 3 (Level 3) used in collision avoidance and selected according to an estimated time-to-collision with a lead vehicle (Han [0058] The determination device 170 compares the estimated time-to-collision calculated by the calculator 160 with the reference time-to-collision to determine whether the estimated time-to-collision is within the reference time-to-collision… determined that the estimated time-to-collision is within the reference time-to-collision, the determination device 170 determines a first regenerative braking level corresponding to the estimated time-to-collision.) (Han [0094-98; FIG.9] when the forward vehicle 20 is detected by the sensor installed at the front part of the ego vehicle 10 while the brake pedal is not operated to “ON” and the regenerative braking level is not manually input by the paddle shift (S130), the regenerative braking control apparatus 100 detects the information about forward driving environment with reference to the forward vehicle 20, e.g., the relative distance between the forward vehicle 20 and the ego vehicle 10, the relative speed between the forward vehicle 20 and the ego vehicle 10, the speed of the ego vehicle 10, etc. (S140), and determines the regenerative braking level based on the information about the forward driving environment detected in operation ‘S140’ (S150)… calculates the estimated time-to-collision T1 between the forward vehicle 20 and the ego vehicle 10 based on the relative distance and the relative speed verified in operation ‘S211’ (S212)… when the estimated time-to-collision T1 calculated in operation ‘S212’ is within the predetermined reference time-to-collision T0 (S213), the regenerative braking control apparatus 100 determines the first regenerative braking level (A) based on the estimated time-to-collision T1, and when the estimated time-to-collision T1 calculated in operation ‘S212’ is not within the predetermined reference time-to-collision T0 (S213), the regenerative braking control apparatus 100 determines the first regenerative braking level (A) to the level zero (Level 0) (S214).) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Booth to include selecting one of the plurality of predefined sub-modes based on the amount of time that the lead vehicle is ahead of the vehicle with a reasonable expectation for success, as taught by Han, for the benefit of providing control instructions for slowing a vehicle dependent upon sensed environmental obstacles, such as a lead vehicle, ensuring a safe following distance and helping to prevent collision. 8. (Original) Booth US-20240253635-A1 discloses The pedal control system according to claim 7, wherein additional deceleration is added to the selected predefined sub-mode ****. (Booth [0042] the control module receives input from the user interface, where the input is one of four (4) available modes: (a) “Full Regenerative Braking” mode 304, (b) “No Regenerative Braking” mode 306, (c) “Manually Controlled Limited Regenerative Braking” mode 308, and (d) “Automatically Controlled Limited Regenerative Braking” mode 310. The characteristics of each of the modes 304, 306, 308, and 310 are explained herein.) (Booth [0047] In some examples, the regenerative torque capability curve may be automatically adjusted, for example by applying a scaling factor, based on one or more traction control events or environmental factors) Han US-20190202296-A1 discloses in a similar invention field of endeavor, a consideration for regenerative braking “…wherein additional deceleration is added to the selected predefined sub-mode when the amount of time is less than a predetermined amount” (Han [0056] The regenerative braking level may be divided into a level 0 (Level 0), a level 1 (Level 1), a level 2 (Level 2, and a level 3 (Level 3) used in collision avoidance and selected according to an estimated time-to-collision with a lead vehicle (Han [0058] The determination device 170 compares the estimated time-to-collision calculated by the calculator 160 with the reference time-to-collision to determine whether the estimated time-to-collision is within the reference time-to-collision… determined that the estimated time-to-collision is within the reference time-to-collision, the determination device 170 determines a first regenerative braking level corresponding to the estimated time-to-collision.) (Han [0097] In this case, when the estimated time-to-collision T1 calculated in operation ‘S212’ is within the predetermined reference time-to-collision T0 (S213), the regenerative braking control apparatus 100 determines the first regenerative braking level (A) based on the estimated time-to-collision T1, and when the estimated time-to-collision T1 calculated in operation ‘S212’ is not within the predetermined reference time-to-collision T0 (S213), the regenerative braking control apparatus 100 determines the first regenerative braking level (A) to the level zero (Level 0) (S214).) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Booth to include wherein additional deceleration is added to the selected predefined sub-mode when the amount of time is less than a predetermined amount with a reasonable expectation for success, as taught by Han, for the benefit of providing control instructions for slowing a vehicle dependent upon sensed environmental obstacles, such as a lead vehicle, ensuring a safe following distance and helping to prevent collision. 9. (Original) Booth US-20240253635-A1 discloses The pedal control system according to claim 7, wherein the one of the predefined sub-modes ***includes a different rate of deceleration than another of the predefined sub-modes*** . (Booth [0042] the control module receives input from the user interface, where the input is one of four (4) available modes: (a) “Full Regenerative Braking” mode 304, (b) “No Regenerative Braking” mode 306, (c) “Manually Controlled Limited Regenerative Braking” mode 308, and (d) “Automatically Controlled Limited Regenerative Braking” mode 310. The characteristics of each of the modes 304, 306, 308, and 310 are explained herein.) Han US-20190202296-A1 discloses in a similar invention field of endeavor, a consideration for regenerative braking “…associated with a smaller amount of time includes a larger rate of deceleration than another of the predefined sub-modes associated with a larger amount of time” (Han [0056] The regenerative braking level may be divided into a level 0 (Level 0), a level 1 (Level 1), a level 2 (Level 2, and a level 3 (Level 3) used in collision avoidance and selected according to an estimated time-to-collision with a lead vehicle (Han [0058] The determination device 170 compares the estimated time-to-collision calculated by the calculator 160 with the reference time-to-collision to determine whether the estimated time-to-collision is within the reference time-to-collision… determined that the estimated time-to-collision is within the reference time-to-collision, the determination device 170 determines a first regenerative braking level corresponding to the estimated time-to-collision.) (Han [0097] In this case, when the estimated time-to-collision T1 calculated in operation ‘S212’ is within the predetermined reference time-to-collision T0 (S213), the regenerative braking control apparatus 100 determines the first regenerative braking level (A) based on the estimated time-to-collision T1, and when the estimated time-to-collision T1 calculated in operation ‘S212’ is not within the predetermined reference time-to-collision T0 (S213), the regenerative braking control apparatus 100 determines the first regenerative braking level (A) to the level zero (Level 0) (S214).) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Booth to include wherein additional deceleration is added to the selected predefined sub-mode when the amount of time is less than a predetermined amount with a reasonable expectation for success, as taught by Han, for the benefit of providing control instructions for slowing a vehicle dependent upon sensed environmental obstacles, such as a lead vehicle, ensuring a safe following distance and helping to prevent collision. 10. (Original) Booth US-20240253635-A1 discloses The pedal control system according to claim 7, wherein the electronic controller is configured to switch between the plurality of predefined sub-modes ***when an input is detected***. (Booth [0042] the control module receives input from the user interface, where the input is one of four (4) available modes: (a) “Full Regenerative Braking” mode 304, (b) “No Regenerative Braking” mode 306, (c) “Manually Controlled Limited Regenerative Braking” mode 308, and (d) “Automatically Controlled Limited Regenerative Braking” mode 310. The characteristics of each of the modes 304, 306, 308, and 310 are explained herein.) (Booth [0039] The user interface 206 may include any one or more of the following components: switch(es) 208, dial(s) 210, slider(s) 212, and/or touchscreen 214. The components of the user interface 206 facilitates changing or switching among a plurality of different modes for managing generative braking torque based on the driving conditions, as determined by the driver.) Han US-20190202296-A1 discloses in a similar invention field of endeavor, a consideration for regenerative braking “…configured to switch between the plurality of predefined sub-modes when the amount of time changes” (Han [0056] The regenerative braking level may be divided into a level 0 (Level 0), a level 1 (Level 1), a level 2 (Level 2, and a level 3 (Level 3) used in collision avoidance and selected according to an estimated time-to-collision with a lead vehicle (Han [0058] The determination device 170 compares the estimated time-to-collision calculated by the calculator 160 with the reference time-to-collision to determine whether the estimated time-to-collision is within the reference time-to-collision… determined that the estimated time-to-collision is within the reference time-to-collision, the determination device 170 determines a first regenerative braking level corresponding to the estimated time-to-collision.) (Han [0097] In this case, when the estimated time-to-collision T1 calculated in operation ‘S212’ is within the predetermined reference time-to-collision T0 (S213), the regenerative braking control apparatus 100 determines the first regenerative braking level (A) based on the estimated time-to-collision T1, and when the estimated time-to-collision T1 calculated in operation ‘S212’ is not within the predetermined reference time-to-collision T0 (S213), the regenerative braking control apparatus 100 determines the first regenerative braking level (A) to the level zero (Level 0) (S214).) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Booth to switch between the plurality of predefined sub-modes when the amount of time changes with a reasonable expectation for success, as taught by Han, for the benefit of providing control instructions for slowing a vehicle dependent upon sensed environmental obstacles, such as a lead vehicle, ensuring a safe following distance and helping to prevent collision. 18. (Previously Presented) The method of claim 18 is similar in scope to the disclosure of the system of claim(s) 7 and are therefore rejected under the same premise. For more information, please see the rejection in re claim(s) 7. 19. (Original) The method of claim 19 is similar in scope to the disclosure of the system of claim(s) 8 and are therefore rejected under the same premise. For more information, please see the rejection in re claim(s) 8. 20. (Original) The method of claim 20 is similar in scope to the disclosure of the system of claim(s) 10 and are therefore rejected under the same premise. For more information, please see the rejection in re claim(s) 10. Claim(s) 11 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Booth US-20240253635-A1 and Camhi US-20200055402-A1 in view of Han US-20190202296-A1. 11. (Previously Presented) Booth US-20240253635-A1 discloses A pedal control system for an electric vehicle comprising: (Booth [0029] a vehicle system 100 includes a vehicle 101 which may be any suitable type of electric drive vehicle including but not limited to series hybrid and/or battery electric vehicles) a pedal configured to be operated in a first mode or a second mode, the first mode not including regenerative braking and the second mode including regenerative braking, the second mode including a plurality of sub-modes, the plurality of sub-modes including an automatic mode and a plurality of predefined sub-modes; (Booth [0028] the regenerative braking and the friction brakes are both implemented via the brake pedal) (Booth [0042] the control module receives input from the user interface, where the input is one of four (4) available modes: (a) “Full Regenerative Braking” mode 304, (b) “No Regenerative Braking” mode 306, (c) “Manually Controlled Limited Regenerative Braking” mode 308, and (d) “Automatically Controlled Limited Regenerative Braking” mode 310. The characteristics of each of the modes 304, 306, 308, and 310 are explained herein.) (Booth [0046] third mode 308, the maximum regenerative braking limit may be set between the first mode 304 and the second mode 306 as manually activated by the driver) a first switch configured to switch between the first mode and the second mode [FIG.2; user interface 206]; (Booth [0039] The user interface 206 may include any one or more of the following components: switch(es) 208, dial(s) 210, slider(s) 212, and/or touchscreen 214. The components of the user interface 206 facilitates changing or switching among a plurality of different modes for managing generative braking torque based on the driving conditions, as determined by the driver.) a second switch configured to select one of the plurality of sub-modes when the second mode is selected; (Booth [0039] The user interface 206 may include any one or more of the following components: switch(es) 208, dial(s) 210, slider(s) 212, and/or touchscreen 214. The components of the user interface 206 facilitates changing or switching among a plurality of different modes for managing generative braking torque based on the driving conditions, as determined by the driver.) (Booth [0046] third mode 308, the maximum regenerative braking limit may be set between the first mode 304 and the second mode 306 as manually activated by the driver) a sensor configured to detect ****; and (Booth [0038] the controller 102 may further include a receiver/transmitter (not shown) capable of receiving and transmitting data in the form of signals via wired and/or wireless communications. In some examples, the receiver/transmitter allows the controller 102 to access a plurality of external components outside of the vehicle in order to obtain information indicative of environmental factors, such as the weather, terrain, etc. which may affect the road conditions Camhi US-20200055402-A1 discloses in a similar invention field of endeavor, a consideration for sensor data including “…a lead vehicle ahead of the vehicle, and an amount of time that the lead vehicle is ahead of the vehicle; (Camhi [0017] radar sensors, speed sensors, maintenance sensors, battery sensors, pedal sensors, navigation devices, communication devices, camera devices, or a combination thereof, that are used to acquire information related to driving parameters of the electric vehicle, such as the type of road (e.g., closed access highway, rural roads, or urban streets) being traveled by the electric vehicle, road topography, vehicle geolocation, vehicle orientation, vehicle speed, distance to and speed of nearby vehicles, traffic conditions, actuation status of one or more pedals, vehicle maintenance alerts, battery recharge alerts, or a combination thereof.) (Camhi [0023] front radar sensor 102a, as the name suggests, can be arranged to point forward relative to the electric vehicle 100, and can detect the presence of other vehicle (or other obstacles) ahead of the electric vehicle 100. The front radar sensor 102b can also detect the distance to any other vehicle (or other obstacle) that is ahead of the electric vehicle 100 based on the travel time of the emitted electromagnetic wave or signal) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Booth to include sensor data comprising detection of a lead vehicle ahead of the vehicle, and an amount of time that the lead vehicle is ahead of the vehicle with a reasonable expectation for success, as taught by Camhi, for the benefit of providing information relative to a trailing/following behavior or a vehicle with respect to leading vehicle ahead, providing data relative to maintaining a safe following distance between vehicles and ensuring safe operation. an electronic controller [FIG.2; controller 102] configured to control an operating mode of the pedal when the second mode is selected, each of the plurality of sub-modes having a different rate of deceleration and regeneration, and (Booth [FIG.3 0046-48] third mode 308, the maximum regenerative braking limit may be set between the first mode 304 and the second mode 306 as manually activated by the driver… The regenerative torque capability may be manually adjusted based on additional user input, which may be a user-specified/predetermined regenerative braking limit, for example) an additional deceleration being added to the selected predefined sub-mode ****. (Booth [0042] the control module receives input from the user interface, where the input is one of four (4) available modes: (a) “Full Regenerative Braking” mode 304, (b) “No Regenerative Braking” mode 306, (c) “Manually Controlled Limited Regenerative Braking” mode 308, and (d) “Automatically Controlled Limited Regenerative Braking” mode 310. The characteristics of each of the modes 304, 306, 308, and 310 are explained herein.) (Booth [0047] In some examples, the regenerative torque capability curve may be automatically adjusted, for example by applying a scaling factor, based on one or more traction control events or environmental factors) Han US-20190202296-A1 discloses in a similar invention field of endeavor, a consideration for regenerative braking with additional deceleration “…when the detected amount of time is less than a predetermined amount of time” (Han [0056] The regenerative braking level may be divided into a level 0 (Level 0), a level 1 (Level 1), a level 2 (Level 2, and a level 3 (Level 3) used in collision avoidance and selected according to an estimated time-to-collision with a lead vehicle (Han [0058] The determination device 170 compares the estimated time-to-collision calculated by the calculator 160 with the reference time-to-collision to determine whether the estimated time-to-collision is within the reference time-to-collision… determined that the estimated time-to-collision is within the reference time-to-collision, the determination device 170 determines a first regenerative braking level corresponding to the estimated time-to-collision.) (Han [0097] In this case, when the estimated time-to-collision T1 calculated in operation ‘S212’ is within the predetermined reference time-to-collision T0 (S213), the regenerative braking control apparatus 100 determines the first regenerative braking level (A) based on the estimated time-to-collision T1, and when the estimated time-to-collision T1 calculated in operation ‘S212’ is not within the predetermined reference time-to-collision T0 (S213), the regenerative braking control apparatus 100 determines the first regenerative braking level (A) to the level zero (Level 0) (S214).) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Booth to include wherein additional deceleration is added to the selected predefined sub-mode when the amount of time is less than a predetermined amount with a reasonable expectation for success, as taught by Han, for the benefit of providing control instructions for slowing a vehicle dependent upon sensed environmental obstacles, such as a lead vehicle, ensuring a safe following distance and helping to prevent collision. 22. (New) Booth US-20240253635-A1 discloses The pedal control system according to claim 11, wherein the first switch is different from the second switch. (Booth [0039] The user interface 206 may include any one or more of the following components: switch(es) 208, dial(s) 210, slider(s) 212, and/or touchscreen 214. The components of the user interface 206 facilitates changing or switching among a plurality of different modes for managing generative braking torque based on the driving conditions, as determined by the driver. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Contact Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JOHN MOSCOLA whose telephone number is (571)272-6944. The examiner can normally be reached M-F 7:30-5:30. 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, Abby Flynn can be reached on (571) 272-9855. 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. /M.J.M./Examiner, Art Unit 3663 /JAMES M MCPHERSON/Examiner, Art Unit 3663
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Prosecution Timeline

Aug 31, 2022
Application Filed
Feb 08, 2025
Non-Final Rejection — §103
May 14, 2025
Response Filed
Aug 13, 2025
Non-Final Rejection — §103
Nov 24, 2025
Response Filed
Mar 05, 2026
Final Rejection — §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

4-5
Expected OA Rounds
68%
Grant Probability
80%
With Interview (+12.4%)
2y 8m
Median Time to Grant
High
PTA Risk
Based on 94 resolved cases by this examiner. Grant probability derived from career allow rate.

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