Prosecution Insights
Last updated: April 19, 2026
Application No. 17/920,628

TERRAIN-BASED VEHICLE NAVIGATION AND CONTROL

Non-Final OA §102§103
Filed
Oct 21, 2022
Examiner
BLAUFELD, JUSTIN R
Art Unit
2151
Tech Center
2100 — Computer Architecture & Software
Assignee
Clearmotion Inc.
OA Round
3 (Non-Final)
47%
Grant Probability
Moderate
3-4
OA Rounds
3y 5m
To Grant
80%
With Interview

Examiner Intelligence

Grants 47% of resolved cases
47%
Career Allow Rate
235 granted / 500 resolved
-8.0% vs TC avg
Strong +32% interview lift
Without
With
+32.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
66 currently pending
Career history
566
Total Applications
across all art units

Statute-Specific Performance

§101
9.0%
-31.0% vs TC avg
§103
40.7%
+0.7% vs TC avg
§102
24.6%
-15.4% vs TC avg
§112
20.1%
-19.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 500 resolved cases

Office Action

§102 §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 . Continued Examination under 37 C.F.R. § 1.114 A request for continued examination under 37 C.F.R. § 1.114, including the fee set forth in 37 C.F.R. § 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 C.F.R. § 1.114, and the fee set forth in 37 C.F.R. § 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 C.F.R. § 1.114. Applicant's submission filed on October 16, 2025 has been entered. Response to Amendment This Non-Final Office action is responsive to the Request for Continued Examination filed on October 16, 2025 (hereafter “Response”). The amendments to the claims are acknowledged and have been entered. Claims 1, 8, 9, 12, 13, 16, 18, and 30 are now amended. Claims 7 and 28 are now canceled. New claim 31 is now added. Claims 1–6, 8–27, and 29–31 are pending in the application. Response to Arguments In response to the objection to claim 18, the Applicant amended the claim to resolve the informality raised in the previous Office Action. The objection is therefore withdrawn, but replaced with a new ground of objection necessitated by the amendment. In response to the rejection of claims 1–6, 10, 11, 13, 14, 17, and 30 under 35 U.S.C. § 102(a)(1) as anticipated by U.S. Patent Application Publication No. 2018/​0052000 A1 (“Larner”), the Applicant narrowed the scope of claim 1 (and its dependent claims) to require a feature recited in prior claim 7, which the previous Office Action acknowledges is not expressly anticipated by Larner. Therefore, the rejection under 35 U.S.C. § 102 is hereby withdrawn. However, claims 1–6, 8, 10, 11, 13, 14, 17, and 30 now stand rejected under 35 U.S.C. § 103 as being unpatentable over Larner in view of U.S. Patent Application Publication No. 2016/​0339927 A1 (“Kelly”), under a similar ground of rejection as presented for the rejection of claim 7 in the previous Office Action. The Applicant’s arguments concerning this rejection are not persuasive. Specifically, the Applicant contends that “Kelly fails to teach or suggest that a transfer function of a suspension system of a vehicle can be used in performing any calculation,” (Response 7), but this is simply untrue. Kelly explicitly discloses a road roughness calculation that uses data from air suspension sensors (the ride height sensors), wheel accelerometers, and suspension stroke transducers, such as continuously variable damping (CVD) sensors. Kelly ¶ 52. So, not only does Kelly use information from a suspension system’s transfer function to perform “any” calculation, Kelly actually uses the information to perform the calculation implied (but, notably, not actually recited) in claim 1. Accordingly, claims 1–6, 8, 10, 11, 13, 14, 17, and 30 now stand rejected under 35 U.S.C. § 103 as being unpatentable over Larner in view of Kelly. In response to the rejection of claims 18, 19, 21-23, 27 and 29 under 35 U.S.C. § 103 as unpatentable over Larner in view of U.S. Publication No. 2015/​0314663 (“Rhode”), the Applicant narrowed the scope of independent claim 18, shifting its focus from “spatial frequency road content” to instead consider information about “current wear states” of at least one vehicle system. Therefore, the rejection is withdrawn, and replaced with a new ground of rejection under 35 U.S.C. § 102 necessitated by the change in scope. Accordingly, since all of the claims stand rejected over the prior art, the Applicant’s request for an allowance (Response 11) is respectfully denied. Information Disclosure Statement The information disclosure statements filed on May 20 and October 16, 2025 comply with the provisions of 37 C.F.R. § 1.97, 1.98, and MPEP § 609, and therefore have been placed in the application file. The information referred to therein has been considered as to the merits. Claim Objections The Office objects to claims 18 and 31 for having the following informalities. Appropriate correction is required. Claim 18 The amendment to claim 18, on line 9, added an extraneous instance of “the,” because the strikethrough did not delete the original “the.” In other words, line 9 now erroneously reads as follows: “partially on the the road surface information.” The extraneous instance of “the” should be deleted. Claim 31 The language signaling the Markush group splits the noun “information” from its preposition “about” in a way that makes the claim difficult to read. To overcome the objection, the Examiner recommends one of the following: 31. The method of claim 18, wherein the current wear states of vehicle systems includes information selected from the group consisting of: information about one or more tires on the vehicle, information about one or more dampers on the vehicle, and information about one or more steering systems on the vehicle. 31. The method of claim 18, wherein the at least one vehicle system described in the information on current wear states is selected from the group consisting of: [[about]] one or more tires on the vehicle, one or more dampers on the vehicle, and one or more steering systems on the vehicle. Please note, the above suggestions are provided solely for overcoming this objection, and are not sufficient to overcome any other rejection. Appropriate correction is required. Claim Rejections – 35 U.S.C. § 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 18, 19, 29, and 31 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2016/​0290815 A1 (“Tang”). Claim 18 Tang discloses: A method of operating a vehicle, the method comprising: “FIG. 1 is a flow chart of a navigation method according to an exemplary embodiment. The navigation method is applied in a terminal.” Tang ¶ 21. receiving road surface information “In step 102, road condition information is obtained in real time.” Tang ¶ 23. Please note, despite what is shown in FIG. 1, “[t]he order of step 101 and step 102 may be exchanged.” Tang ¶ 23. about at least two routes between a first location and a second location; “The road condition information may include weather information, maximum load limits on possible drive routes that may be planned for the vehicle, and maximum height limits on the possible drive routes.” Tang ¶ 30. receiving vehicle-specific information about the vehicle, “In step 101, status information of one or more tires of a vehicle is obtained.” Tang ¶ 22. wherein the vehicle-specific information includes information on current wear states of at least one vehicle system; “In the present embodiment, the status information of the tires of the vehicle may include shape change information.” Tang ¶ 30. “The shape change information may be the height change information or volume change information of the tires of the vehicle, etc.” Tang ¶ 30. Shape change information falls within the broad scope of “current wear states” because tires lose pressure and change shape as they’re used. See Tang ¶ 31. However, even with “current wear states” interpreted more narrowly, Tang further discloses that “a tire wear degree may be obtained” as part of this method. Tang ¶ 38. receiving information from a user interface; There are multiple pieces of information received directly from user input, two of which are relevant here. The first piece of information is a “preset navigation strategy,” which Tang discloses “may be configured by the user.” Tang ¶ 32. The second piece of information received directly from user input may, in some cases, include “tire pressure information of the tires of the vehicle,” which may be “manually input to the preset memory device by the user.” Tang ¶ 31. selecting a route from among the at least two routes, wherein the selection is based at least partially on the road surface information received about at least two routes, the vehicle-specific information, and the information from the user interface; “In step 103, a route navigation is performed for the vehicle according to the status information, the road condition information, and a preset navigation strategy.” Tang ¶ 25. More specifically, the terminal plans a route, checks if the route violates the strategy with respect to the status information and the road condition information, and selects a different route if so. See, e.g., Tang ¶¶ 33, 35, 37, and 38. and traveling along the selected route with the vehicle. “[T]he navigation may be performed . . . during driving.” Tang ¶ 39. Claim 19 Tang discloses the method of claim 18, wherein the user interface is on-board the vehicle. “In the present disclosure, the terminal may be a handheld terminal,” or “an in-vehicle terminal. For example, the terminal may be a specific in-vehicle navigation device or a navigation module in an in-vehicle system.” Tang ¶ 26. Claim 29 Tang discloses the method of claim 18 wherein the information received about the at least two routes includes crowd sourced information. “The real-time road condition information such as the weather information, the maximum load limits on the possible drive routes, and the maximum height limits on the possible drive routes, may be collected through a third-party public service platform or may be manually input to the third-party service platform by a traffic administration staff.” Tang ¶ 31. Claim 31 Tang discloses the method of claim 18, wherein the current wear states of vehicle systems includes information selected from the group consisting of about one or more tires on the vehicle, one or more dampers on the vehicle, and one or more steering systems on the vehicle. Information obtained by Tang’s terminal falling within the scope of claim 31 includes the following: (1) “the status information of the tires of the vehicle may include shape change information.” Tang ¶ 30. “The shape change information may be the height change information or volume change information of the tires of the vehicle, etc.” Tang ¶ 30. (2) “a tire wear degree may be obtained” as part of this method. Tang ¶ 38. Claim Rejections – 35 U.S.C. § 103 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 of this title, 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were effectively filed absent any evidence to the contrary. Applicant is advised of the obligation under 37 C.F.R. § 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned at the time a later invention was effectively filed in order for the examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential 35 U.S.C. § 102(a)(2) prior art against the later invention. I. Larner and Kelly teach claims 1–6, 8, 10, 11, 13, 14, 17, and 30. Claims 1–6, 8, 10, 11, 13, 14, 17, and 30 are rejected under 35 U.S.C. § 103 as being unpatentable over U.S. Patent Application Publication No. 2018/​0052000 A1 (“Larner”) in view of U.S. Patent Application Publication No. 2016/​0339927 A1 (“Kelly”). Claim 1 Larner teaches: A method of operating a vehicle, the method comprising: “FIG. 9 is an example flow diagram 900 including a method for operating a vehicle for passenger comfort.” Larner ¶ 78. receiving road surface anomaly information about at least two routes between a first location and a second location; “For example, at block 910, a set of routes from a start location to an end location may be determined,” Larner ¶ 78, and “[a]t block 920, a total motion sickness value may be determined for each route of the set of routes,” based on “a sway motion sickness value, a surge motion sickness value, and a heave motion sickness value.” Larner ¶ 79. Each of the foregoing values are based on predicted accelerations in the lateral, fore-aft, and vertical directions, all of which are informed by “[c]haracteristics of roadways from detailed map information 136, such as amount of curves, turns, hills, intersections, stop signs, and traffic lights.” Larner ¶ 66. At a minimum, “curves, turns, hills, and intersections” all fall within the broadest reasonable interpretation of “road surface anomaly information,” because they each describe characteristics of where a road differs from being perfectly straight. Additionally, the broadest reasonable interpretation of “road surface anomaly information” includes “bumps,” because the Applicant amended dependent claim 3 to include “bumps” within the scope of road surface anomaly data,1 and to that end, Larner’s device explicitly receives and considers information about “vertical accelerations” for each portion of each route as part of its consideration of the motion sickness value. See Larner ¶¶ 68–69. receiving vehicle-specific information about the vehicle, wherein the vehicle-specific information includes information about a According to the Applicant’ a “transfer function” is a function that models “how a given road input will affect the vehicle and the occupants in terms of comfort and/​or in terms of its impact on the vehicle's handling, comfort, durability and/​or the durability of one or more components of a vehicle.” (Spec. 7). Larner likewise teaches several functions (730–760) that are used to select a route, which take the vehicle’s predicted accelerations 710–714 as inputs, and output a score 770 representing motion sickness. Larner ¶¶ 69–71. In addition to the transfer function, it is understood that the Applicant intends for “vehicle-specific information” to further encompass information about the occupants of the vehicle, rather than the vehicle itself—so long as the vehicle-specific information also includes the information about the transfer function now recited in the claim. This interpretation is reasonable because it is explicitly recited in dependent claims 12–16. Furthermore, this additional information also falls within the open-ended “comprising” scope of the claim. See MPEP § 2111.03. Accordingly, to the extent that information about vehicle-occupants is further included in the scope of “vehicle-specific” information, Larner likewise teaches several examples of information about vehicle occupants being received for consideration by the vehicle. Larner ¶¶ 81–82. selecting a route from among the at least two routes, wherein the selection is based at least partially on the road surface anomaly information and the vehicle-specific information; “At block 930, a first route of the set of routes is selected based on the total motion sickness value of each route of the set of routes. The first route may be selected for being, by way of example, the route with the lowest total motion sickness value, the fastest route with the highest total motion sickness value not exceeding a threshold value, or the shortest route with the lowest total motion sickness value.” Larner ¶ 80. and traveling along the selected route with the vehicle. “Then, at block 940, a vehicle may be maneuvered autonomously according to the selected first route.” Larner ¶ 80. Larner does not appear to explicitly disclose that its functions are “transfer functions of a suspension system of the vehicle.” Kelly, however, teaches a method for calculating the potential roughness of a route using vehicle-specific information, wherein the vehicle-specific information includes information about a transfer function of a suspension system of the vehicle. “VCU 10 also includes a road roughness module 24 for calculating the terrain roughness/​corrugation based on the air suspension sensors (the ride height sensors) and the wheel accelerometers. A terrain indicator signal in the form of a roughness output signal 26 is output from the road roughness module 24. Additionally or alternatively, wheel articulation data may be provided to the road roughness module 24 by appropriate sensing means, such as suspension stroke transducers, such as continuously variable damping (CVD) sensors.” Kelly ¶ 52. Outputs from the road roughness module 24 are then used to inform the driver about road conditions, and provide advice to the driver for mitigating poor road conditions. See Kelly ¶¶ 86, 88, and 91. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add Kelly’s road roughness module 24 to Larner’s vehicle, so as to supplement the information that Larner uses to estimate motion sickness with information about the vehicle’s suspension system. One would have been motivated to supplement Larner’s vehicle with Kelly’s road roughness module 24 because accounting for the vehicle’s suspension “will protect against damage to the underside of the vehicle.” Kelly ¶¶ 98 and 99. Claim 2 Larner and Kelly teach the method of claim 1, wherein the at least two routes include a first route and a second route, and wherein the first route and the second route at least partially overlap with each other. “In further examples, the selected route and driving style may be changed in real-time based upon updated route characteristics and/​or a passenger's input,” and in those examples, the autonomous vehicle may “take a different route in order to achieve a lower actual motion sickness value and/​or to match the determined total motion sickness value for the route overall.” Larner ¶ 81; see also Larner ¶ 86. In cases where the autonomous vehicle re-routes in the middle of a trip, there are necessarily two routes with an overlapping portion, because both the originally planned route and the updated route overlap from the starting position up to the point where the reroute occurred. In other words, both routes are the same until one diverges from the other. Claim 3 Larner and Kelly teach the method of claim 1, wherein the road surface anomaly information about the at least two routes is selected from the group consisting of: potholes, bumps, cracks, storm grates, and/​or expansion grates. Each of the motion sickness values are based on predicted accelerations in the lateral, fore-aft, and vertical directions, all of which are informed by “[c]haracteristics of roadways from detailed map information 136, such as amount of curves, turns, hills, intersections, stop signs, and traffic lights.” Larner ¶ 66; see also ¶ 33 (data 134 may be retrieved by a processor 120 of the computer system performing the method, which includes roadway characteristics that describe “shape (hills, curves, degrees of turns, etc.), elevation, and terrain”). Additionally, Larner’s device explicitly receives and considers information about “vertical accelerations” for each portion of each route as part of its consideration of the motion sickness value. See Larner ¶¶ 68–69. The word “bump” is defined as “a relatively abrupt convexity or protuberance on a surface,”2 and therefore, Larner’s disclosure of road characteristics including both “hills” and other sources of sudden “vertical acceleration” at least falls within the scope of the “bumps” member of the claimed Markush group. Claim 4 Larner and Kelly teach the method of claim 3 further comprising receiving information about a location of the vehicle, “The start location [referenced in step 910] may be a detected current location of a user device.” Larner ¶ 25. wherein the location of the vehicle is determined using a localization system selected from the group consisting of GNSS and a terrain-based localization system. “In addition, the client computing devices 320 and 330 may also include components 328 and 338 for determining the position and orientation of client computing devices. For example, these components may include a GPS receiver to determine the device's latitude, longitude and/​or altitude as well as an accelerometer, gyroscope or another direction/​speed detection device as described above with regard to positioning system 170 of vehicle 100.” Larner ¶ 54. Claim 5 Larner and Kelly teach the method of claim 4, wherein the location of the vehicle is the first location. The start location is a location that is on the route traveled by the vehicle, and therefore, necessarily includes the location of the vehicle. See Larner ¶¶ 61–62. Claim 6 Larner and Kelly teach the method of claim 1, wherein the vehicle is selected from a group consisting of an autonomous vehicle, a semi-autonomous vehicle, and a manually driven vehicle. “In one example, computing device 110 may be an autonomous driving computing system incorporated into vehicle 100.” Larner ¶ 39. Additionally, “[a]lthough the examples described herein are related to the use of vehicles when operating in autonomous driving modes, such features may also be useful for vehicles operating in manual or semi-autonomous modes or for vehicles having only manual driving mode and semi-autonomous driving modes.” Larner ¶ 94. Claim 8 Larner, as combined with Kelly, teaches the method of claim 1, wherein the suspension system of the vehicle is an active suspension system. “In another example, one of the vehicle subsystems may be an air suspension system and wherein settings for the air suspension system from which the preferred setting is selected include off-road, intermediate and on-road ride height settings.” Kelly ¶ 20. Claim 10 Larner and Kelly teach the method of claim 1, further comprising receiving information about a projected speed of the vehicle when traveling along at least a portion of the at least two routes. Reference is made to FIG. 7, which illustrates how the total motion sickness value in step 920 is calculated. See Larner ¶ 63. As part the calculation, “[p]redicted accelerations along the given portion of the route may be determined using a given driving style, historical data, and detailed map information. Regarding driving style, predicted accelerations may be greater for an assertive driving style than for a moderate driving style because a vehicle travels at faster speeds and quicker accelerations when using the assertive driving style than the moderate driving style. The predicted accelerations may be even less for a cautious driving style since a vehicle travels at even lower speeds and slower accelerations when using the cautious driving style.” Larner ¶ 64. Claim 11 Larner and Kelly teach the method of claim 10, further comprising determining projected road induced disturbances while traversing the at least two routes at least partially based on the information about the at least two routes and the projected speed of the vehicle while traversing at least portions of the at least two routes, “Characteristics of roadways from detailed map information 136, such as amount of curves, turns, hills, intersections, stop signs, and traffic lights, may also inform the determination of predicted accelerations. A vehicle may experience higher amounts of lateral acceleration on curves or turns. A vehicle may experience higher amounts of fore-aft acceleration due to stops and starts, such as at stop signs or traffic lights along the roadway. Thus, predicted accelerations may include accelerations in different directions, such as lateral acceleration 710, fore-aft acceleration 712, and vertical acceleration 714 as shown in FIG. 7.” Larner ¶ 66. Also, recall that all of the foregoing accelerations are calculated for each portion of each route in the set of routes determined in the previous step 910. See Larner ¶¶ 63 and 79. wherein the selecting the route is also at least partially based on the projected road induced disturbances. As explained in the rejection of ancestor claim 1, selecting the route is “based on the total motion sickness value of each route of the set of routes,” Larner ¶ 80, and the total motion sickness value of each route of the set of routes is directly based on the different accelerations described earlier in this rejection. See Larner ¶¶ 69 and 71–74. Claim 13 Larner and Kelly teach the method of claim 1, wherein the vehicle-specific information includes information about at least one vehicle occupant. There are several instances of obtaining vehicle occupant information in Larner’s disclosure, including the passengers’ preferred driving style, preference for route length, susceptibility to motion sickness, threshold motion sickness values corresponding to the susceptibility to motion sickness, age, gender, ethnicity, feedback about several different aspects of the trip, and field of view, among others. Larner ¶¶ 75 and 82, 83, 92. To be clear, Larner’s disclosure is not limited to the above examples; they are only provided to show that there are at least one or more examples of vehicle occupant information collected. Claim 14 Larner and Kelly teach the method of claim 13, wherein the information about the at least one vehicle occupant includes information about a sensitivity of the at least one vehicle occupant to motion sickness. “A passenger's susceptibility to motion sickness may be determined using an evaluation of the passenger comprising a series of questions. The evaluation may additionally or alternatively include detecting a passenger's characteristics that may be related to susceptibility to motion sickness, such as age, gender, and ethnicity, using vision techniques.” Larner ¶ 75. Claim 17 Larner and Kelly teach the method of claim 1, further comprising, based at least partially on the information about the at least two routes and the vehicle-specific information, determining a speed range of operation while traveling along the selected route, and traveling on the route at the speed range of operation. “Predicted accelerations along the given portion of the route may be determined using a given driving style, historical data, and detailed map information. Regarding driving style, predicted accelerations may be greater for an assertive driving style than for a moderate driving style because a vehicle travels at faster speeds and quicker accelerations when using the assertive driving style than the moderate driving style.” Larner ¶ 64. Accordingly, “[a] pairing of a route and a driving style may be selected for having a lower total motion sickness value than another pairing of a route and a driving style.” Larner ¶ 75. Claim 30 Larner teaches: A method of operating a vehicle, the method comprising: “FIG. 9 is an example flow diagram 900 including a method for operating a vehicle for passenger comfort.” Larner ¶ 78. receiving road surface anomaly information and/​or spatial frequency road content about at least two routes between a current location and a destination; “For example, at block 910, a set of routes from a start location to an end location may be determined,” Larner ¶ 78, and “[a]t block 920, a total motion sickness value may be determined for each route of the set of routes,” based on “a sway motion sickness value, a surge motion sickness value, and a heave motion sickness value.” Larner ¶ 79. Each of the foregoing values are based on predicted accelerations in the lateral, fore-aft, and vertical directions, all of which are informed by “[c]haracteristics of roadways from detailed map information 136, such as amount of curves, turns, hills, intersections, stop signs, and traffic lights.” Larner ¶ 66. At a minimum, “curves, turns, hills, and intersections” all fall within the broadest reasonable interpretation of “road surface anomaly information,” because they each describe characteristics of where a road differs from being perfectly straight. Additionally, the broadest reasonable interpretation of “road surface anomaly information” includes “bumps,” because the Applicant amended dependent claim 3 to include “bumps” within the scope of road surface anomaly data,3 and to that end, Larner’s device explicitly receives and considers information about “vertical accelerations” for each portion of each route as part of its consideration of the motion sickness value. See Larner ¶¶ 68–69. Since Larner discloses at least one alternative among the two alternatives listed in the “and/​or” language of this claim, Larner necessarily discloses the entire “and/​or” requirement. receiving vehicle-specific information about the vehicle, wherein the vehicle-specific information includes information about a According to the Applicant’ a “transfer function” is a function that models “how a given road input will affect the vehicle and the occupants in terms of comfort and/​or in terms of its impact on the vehicle's handling, comfort, durability and/​or the durability of one or more components of a vehicle.” (Spec. 7). Larner likewise teaches several functions (730–760) that are used to select a route, which take the vehicle’s predicted accelerations 710–714 as inputs, and output a score 770 representing motion sickness. Larner ¶¶ 69–71. In addition to the transfer function, it is understood that the Applicant intends for “vehicle-specific information” to further encompass information about the occupants of the vehicle, rather than the vehicle itself—so long as the vehicle-specific information also includes the information about the transfer function now recited in the claim. This interpretation is reasonable because it is explicitly recited in dependent claims 12–16. Furthermore, this additional information also falls within the open-ended “comprising” scope of the claim. See MPEP § 2111.03. Accordingly, to the extent that information about vehicle-occupants is further included in the scope of “vehicle-specific” information, Larner likewise teaches several examples of information about vehicle occupants being received for consideration by the vehicle. Larner ¶¶ 81–82. based on the road surface anomaly information and/​or spatial frequency road content received about the at least two routes and the vehicle-specific information, selecting a route from among the at least two routes in order to achieve an effect selected from a group consisting of less component wear, less motion sickness, shorter travel time, higher energy efficiency; “At block 930, a first route of the set of routes is selected based on the total motion sickness value of each route of the set of routes. The first route may be selected for being, by way of example, the route with the lowest total motion sickness value, the fastest route with the highest total motion sickness value not exceeding a threshold value, or the shortest route with the lowest total motion sickness value.” Larner ¶ 80. and traveling along the selected route. “Then, at block 940, a vehicle may be maneuvered autonomously according to the selected first route.” Larner ¶ 80. Larner does not appear to explicitly disclose that its functions are “transfer functions of a suspension system of the vehicle.” Kelly, however, teaches a method for calculating the potential roughness of a route using vehicle-specific information, wherein the vehicle-specific information includes information about a transfer function of a suspension system of the vehicle. “VCU 10 also includes a road roughness module 24 for calculating the terrain roughness/​corrugation based on the air suspension sensors (the ride height sensors) and the wheel accelerometers. A terrain indicator signal in the form of a roughness output signal 26 is output from the road roughness module 24. Additionally or alternatively, wheel articulation data may be provided to the road roughness module 24 by appropriate sensing means, such as suspension stroke transducers, such as continuously variable damping (CVD) sensors.” Kelly ¶ 52. Outputs from the road roughness module 24 are then used to inform the driver about road conditions, and provide advice to the driver for mitigating poor road conditions. See Kelly ¶¶ 86, 88, and 91. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add Kelly’s road roughness module 24 to Larner’s vehicle, so as to supplement the information that Larner uses to estimate motion sickness with information about the vehicle’s suspension system. One would have been motivated to supplement Larner’s vehicle with Kelly’s road roughness module 24 because accounting for the vehicle’s suspension “will protect against damage to the underside of the vehicle.” Kelly ¶¶ 98 and 99. II. Larner, Kelly, and Shiri teach claims 9 and 12. Claims 9 and 12 are rejected under 35 U.S.C. § 103 as being unpatentable over Larner in view of Kelly as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 2014/​0032087 A1 (“Shiri”). Claim 9 Larner and Kelly teach the method of claim 1, wherein the vehicle-specific information includes information about a position of a center of gravity “These sensors of perception system 172 may detect objects in the vehicle's environment as well as characteristics of those objects such as their location, heading, size (length height and width), type, and approximate center of gravity. For example, the perception system may use the height of an object identified as a pedestrian (or human) to estimate the approximate center of gravity of the object. In this regard, the perception system may compare the characteristics of the object to known anthropomorphic data to determine an approximate center of gravity. For other object types, the approximate center of gravity may be determined from the characteristics of the object using various known statistical analyses.” Larner ¶ 45. Larner does not appear to explicitly disclose accounting for the vehicle’s center of gravity amongst the information considered when selecting a route. Shiri, however, teaches a method for selecting a route from among the at least two routes, wherein the selection is based at least partially on vehicle-specific information, and wherein: the vehicle-specific information includes information about a position of a center of gravity of the vehicle. During a preparation phase 200 for planning a drive, “data related to the vehicle, its position, the estimated route, environmental driving conditions along the estimated route and user preferences (stage 205)” are received, so that an appropriate route can be selected. Shiri ¶ 30. “According to some embodiments of the invention, data related to the vehicle may comprise car pre-defined configuration (e.g. weight, make, model, engine performance, center of gravity position) and car current condition (e.g. load, air-condition, condition of tires and brakes).” Shiri ¶ 35. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to supplement Larner’s autonomous vehicle routing with Shiri’s technique of considering the vehicle’s “center of gravity position” (among other things) as a factor for selecting a route to drive the vehicle. One would have been motivated to improve Larner with Shiri’s additional data and considerations because the foregoing data makes it possible to “suggest[] a driving behavior that reduces fuel consumption to a user driving a vehicle along an estimated route.” Shiri ¶ 30. Claim 12 Larner and Kelly teach the method of claim 11, but do not explicitly disclose considering the weight of the vehicle when choosing a route to drive. Shiri, however, teaches a method for selecting a route from among the at least two routes, wherein the selection is based at least partially on vehicle-specific information, and wherein: wherein the vehicle-specific information includes information about a weight of the vehicle. During a preparation phase 200 for planning a drive, “data related to the vehicle, its position, the estimated route, environmental driving conditions along the estimated route and user preferences (stage 205)” are received, so that an appropriate route can be selected. Shiri ¶ 30. “According to some embodiments of the invention, data related to the vehicle may comprise car pre-defined configuration (e.g. weight, make, model, engine performance, center of gravity position) and car current condition (e.g. load, air-condition, condition of tires and brakes).” Shiri ¶ 35. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to supplement Larner’s autonomous vehicle routing with Shiri’s technique of considering the vehicle’s “weight” (among other things) as a factor for selecting a route to drive the vehicle. One would have been motivated to improve Larner with Shiri’s additional data and considerations because the foregoing data makes it possible to “suggest[] a driving behavior that reduces fuel consumption to a user driving a vehicle along an estimated route.” Shiri ¶ 30. III. Larner, Kelly, and Schmidt teach claim 15. Claim 15 is rejected under 35 U.S.C. § 103 as being unpatentable over Larner and Kelly as applied to claim 13 above, and further in view of U.S. Patent Application Publication No. 2021/​0093827 A1 (“Schmidt”). Claim 15 Larner teaches the method of claim 13, and at least suggests using “information about a sensitivity of the at least one vehicle occupant to motion sickness, while performing an activity selected from a group consisting of reading and manipulating a computer mouse.” Specifically, in paragraph 92, Larner at least suggests that the vehicle receives information about the passenger’s field of view, and that “an alert may be played or sent to the passenger to encourage the passenger to avoid looking down and/​or reading.” Larner ¶ 92. Additionally, Schmidt explicitly teaches a vehicle that receives and uses information about at least one vehicle occupant to mitigate the occupant’s motion sickness. Schmidt ¶ 15. Importantly, Schmidt further teaches: the information about the at least one vehicle occupant includes information about a sensitivity of the at least one vehicle occupant to motion sickness, while performing an activity selected from a group consisting of reading and manipulating a computer mouse. “[T]he tendency of the passenger to get motion sickness is classified depending on [an] evaluation result,” Schmidt ¶ 15, with the classification describing the amount of susceptibility to motion sickness, together with the passenger’s “ability to read in the vehicle without motion sickness.” Schmidt ¶ 16. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to supplement the data that Larner’s autonomous vehicle uses with Schmidt’s information about the extent to which reading affects a passenger’s susceptibility to motion sickness. One would have been motivated to consider this additional information because it is “feared that the incidence of motion sickness will increase, especially as former drivers are now becoming passengers and because in autonomous driving passengers will want to use the journey for other activities, for example for reading or working, especially on mobile devices.” Schmidt ¶ 3. IV. Tang and Larner teach claims 21–23 and 27. Claims 21–23 and 27 are rejected under 35 U.S.C. § 103 as being unpatentable over Tang in view of Larner. Claim 21 Tang teaches the method of 18, but does not say whether the information received from the user interface includes an indication that reduction of motion sickness is a preference Larner, however, teaches a very similar method, but further teaches: the information received from the user interface includes an indication that reduction of motion sickness is a preference. By way of background, Larner (much like Tang and the claimed invention) teaches a method for assessing motion sickness values of different routes, see Larner ¶¶ 78–79, and then selecting a route that optimizes for several different factors, including motion sickness. Larner ¶ 80. Larner then further discloses that feedback may be received from a passenger, so that the threshold value for motion sickness may be updated. Larner ¶ 83. In view of this information “[r]outing options with total motion sickness values greater than the threshold value may be removed from consideration during selection. For example, if a threshold value for the total motion sickness values is set at 0.5, the assertive driving style for Route 1 may be removed from consideration during selection.” Larner ¶ 83. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to enhance Tang’s method with Larner’s facilities for receiving passenger feedback about motion sickness, thereby factoring-in passenger preferences against routes that induce motion sickness. One would have been motivated to improve Tang with Larner’s technique because “a passenger with motion sickness may experience a level of discomfort, which can make a trip in a vehicle unpleasant for that passenger as well as any other passengers in the vehicle.” Larner ¶ 3. Claim 22 Tang teaches the method of 18, but does not say whether the information received from the user interface includes an indication that reduction of lateral acceleration is a preference. Larner, however, teaches a very similar method, but further teaches: wherein the information received from the user interface includes an indication that reduction of lateral acceleration of a vehicle body is a preference. By way of background, Larner (much like Tang and the claimed invention) teaches a method for assessing motion sickness values of different routes, see Larner ¶¶ 78–79, and then selecting a route that optimizes for several different factors, including motion sickness. Larner ¶ 80. Larner then further discloses that feedback may be received from a passenger, so that the threshold value for motion sickness may be updated. Larner ¶ 83. In view of this information “[r]outing options with total motion sickness values greater than the threshold value may be removed from consideration during selection. For example, if a threshold value for the total motion sickness values is set at 0.5, the assertive driving style for Route 1 may be removed from consideration during selection.” Larner ¶ 83. The passenger’s feedback concerning his or her threshold for motion sickness is an “indication” that the passenger would prefer a reduction of lateral acceleration because lateral acceleration is one of the three factors that contribute to the total motion sickness value for which the user has now set a threshold. See Larner ¶¶ 26–28. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to enhance Tang’s method with Larner’s facilities for receiving passenger feedback about motion sickness, thereby factoring-in passenger preferences against routes that induce motion sickness—including lateral acceleration. One would have been motivated to improve Tang with Larner’s technique because “a passenger with motion sickness may experience a level of discomfort, which can make a trip in a vehicle unpleasant for that passenger as well as any other passengers in the vehicle.” Larner ¶ 3. Claim 23 Tang teaches the method of 18, but does not say whether the information received from the user interface includes an indication that reduction of vertical acceleration is a preference. Larner, however, teaches a very similar method, but further teaches: wherein the information received from the user interface includes an indication that reduction of lateral acceleration of a vehicle body is a preference. By way of background, Larner (much like Tang and the claimed invention) teaches a method for assessing motion sickness values of different routes, see Larner ¶¶ 78–79, and then selecting a route that optimizes for several different factors, including motion sickness. Larner ¶ 80. Larner then further discloses that feedback may be received from a passenger, so that the threshold value for motion sickness may be updated. Larner ¶ 83. In view of this information “[r]outing options with total motion sickness values greater than the threshold value may be removed from consideration during selection. For example, if a threshold value for the total motion sickness values is set at 0.5, the assertive driving style for Route 1 may be removed from consideration during selection.” Larner ¶ 83. Importantly, the passenger’s feedback concerning his or her threshold for motion sickness is an “indication” that the passenger would prefer a reduction of vertical acceleration because vertical acceleration (a.k.a. heave motion) is one of the three factors that contribute to the total motion sickness value for which the user has now set a threshold. See Larner ¶¶ 26–28. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to enhance Tang’s method with Larner’s facilities for receiving passenger feedback about motion sickness, thereby factoring-in passenger preferences against routes that induce motion sickness—including vertical acceleration. One would have been motivated to improve Tang with Larner’s technique because “a passenger with motion sickness may experience a level of discomfort, which can make a trip in a vehicle unpleasant for that passenger as well as any other passengers in the vehicle.” Larner ¶ 3. Claim 27 Tang teaches the method of claim 18, but does not explicitly disclose selecting a lane in a multilane portion of the selected route. Larner, however, teaches a method similar to that of claim 18, and further teaches: selecting the route includes selecting a lane in a multilane portion of the selected route. “In some examples, the detailed map information may include predetermined virtual rails along which computing device 110 may maneuver vehicle 100. These rails may therefore be associated with direction information indicative of the direction of a lane (or direction traffic should move in that lane) in which the rail appears.” Larner ¶ 33. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to supplement Tang’s navigation method with information about lane-level navigation via Larner’s “rail” technique. One would have been motivated to improve Tang with Larner’s rail technique because, “[b]y following the rails, vehicle 100’s future locations along a route may be predicted with a high degree of accuracy.” Larner ¶ 33. This rationale offered in Larner’s disclosure would have been extremely relevant to any skilled person implementing Tang’s navigation method, because Tang’s navigation method is continuously performed in “real time,” and “during driving.” Tang ¶ 39. Since Tang’s primary mode of operation includes predicting potential problems with the current navigation strategy based on the vehicle information and the upcoming road information, Larner’s promise of predicting the vehicle’s future locations “with a high degree of accuracy” was highly relevant to Tang’s mode of operation. V. Tang and Freedman teach claim 20. Claim 20 is rejected under 35 U.S.C. § 103 as being unpatentable over Tang as applied to claim 18 above, and further in view of U.S. Patent Application Publication No. 2021/​0018323 A1 (“Freedman”). Claim 20 Tang teaches the method of claim 18, but does not further provide a way for the user to specify “reduction of tire wear” as a preference for selecting a route. Freedman, however, teaches a method in which information is received from a user interface for selecting a desired route, wherein the information received from the user interface includes an indication that reduction of tire-wear is a preference. A “navigation server 300 may combine route and terrain maps into a navigation map that reflects vehicle type and location, terrain conditions and the risk scores associated with the vehicle for each portion of various candidate routes,” and then, using the risk scores, “a ranked series of candidate routes may be presented to the user, who may select a desired route.” Freedman ¶ 35. Importantly, “wear scores, and/​or loss-to-a-vehicle-subsystem scores” may be assigned to each route, including scores about “tire wear.” Freedman ¶ 22. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to supplement Tang’s user interface with Freedman’s additional information about tire wear on each potential route, so that the vehicle occupant could select a route that minimizes wear on the vehicle’s tires. One would have been motivated to improve Tang’s user interface
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Prosecution Timeline

Oct 21, 2022
Application Filed
Oct 21, 2022
Response after Non-Final Action
Jul 26, 2024
Non-Final Rejection — §102, §103
Jan 30, 2025
Response Filed
Apr 14, 2025
Final Rejection — §102, §103
Oct 16, 2025
Request for Continued Examination
Oct 17, 2025
Response after Non-Final Action
Oct 28, 2025
Non-Final Rejection — §102, §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

3-4
Expected OA Rounds
47%
Grant Probability
80%
With Interview (+32.5%)
3y 5m
Median Time to Grant
High
PTA Risk
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