Prosecution Insights
Last updated: October 27, 2026
Application No. 18/138,164

VEHICLE AND METHOD OF CONTROLLING THE SAME

Non-Final OA §112
Filed
Apr 24, 2023
Priority
Oct 13, 2022 — RE 10-2022-0131118
Examiner
ANTONUCCI, ANNE MARIE
Art Unit
3666
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Kia Corporation
OA Round
2 (Non-Final)
87%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
519 granted / 594 resolved
+35.4% vs TC avg
Moderate +10% lift
Without
With
+10.1%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
9 currently pending
Career history
634
Total Applications
across all art units

Statute-Specific Performance

§101
20.3%
-19.7% vs TC avg
§103
41.3%
+1.3% vs TC avg
§102
18.2%
-21.8% vs TC avg
§112
15.4%
-24.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 594 resolved cases

Office Action

§112
FINAL ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) based on KR10-2022-0131118, filed on 10/13/2022. Status of Application Claims 1-18 are pending. Claims 1 and 10 are the independent claims. Claims 1-8 and 10-17 have been amended. This Final Office Action is in response to the “Amendments and Remarks" received on 10/13/2025. Response to Arguments With respect to Applicant’s remarks filed on 10/13/2025: Applicant’s “Amendments and Remarks” have been fully considered. Applicant’s remarks will be addressed in sequential order as they were presented. With respect to the Claim Objections, applicant’s Amendments and Remarks have been fully considered and are persuasive. Therefore, the claim objections have been withdrawn. Office Note: Due to applicant’s amendments, further claim rejections appear on the record as stated in the above Office Action. With respect to the rejections of claims 1-18 under 35 USC 102 and 103, applicant’s Amendments and Remarks have been fully considered and are persuasive. Therefore, the rejections of claims 1-18 under 35 USC 102 and 103 have been withdrawn. Claim Rejections - 35 USC § 112 Claims 1-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Specifically: In claims 1 and 10, “at least of the start button, the pedal signal receiver, or the input device” is recited is grammatically incomplete and renders the claim indefinite. It is unclear if it is an input received on a single device, a combination of devices or both. For purposes of examination, the examiner assumes that this limitation is “at least one of the start button, the pedal signal receiver, or the input device”. In claim 1, lines 7, 8, and 10, the limitation “the at least one battery” was amended to recite “instance of “at least one battery” refers back to the “at least one battery recited in claim 1, line 2. Similarly, at claim 10, line 4, the limitation “the at least one battery” was amended to recite “ In claim 1 (lines 11-12), claim 2 (line 3), claim 3 (line 2), claim 4 (line 3), claim 5 (line 2), claim 6 (line 3), claim 7 (lines 3-4) and claim 8 (line 3), the limitation “the at least one first load” and “the at least one second load” were amended to recite “first and second loads). For purposes of examination, the examiner assumes the “at least one first load” and the “at least one second loads” identified in each of the claims above refers to the “at least one first load” recited in claim 1, line 8 and “at least one second load” recited in claim 1, line 9. In claim 10 (line 14), claim 11 (line 3), claim 12 (line 3), claim 13 (line 3), claim 14 (line 3), claim 15 (line 3), claim 16 (lines 5-6) and claim 17 (lines 4-5), the limitation “the at least one first load” and “the at least one second load” were amended to recite “ All claims not specifically addressed are rejected as being dependent upon a rejected claim. Allowable Subject Matter Claims 1-18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The closest prior art of Tabata et al. (US 20220063585) teaches an in-vehicle system that is to be provided in a vehicle. The in-vehicle system includes: (a) a control apparatus; (b) a first battery configured to supply an electric power to devices that are to be provided in the vehicle; and (c) a second battery provided apart from the first battery. The in-vehicle system is constructed such that rewriting of a software of the control apparatus is executable when an electric power switch of the vehicle is in an OFF state, and such that the rewriting of the software is executed with supply of the electric power from the second battery to the control apparatus when the electric power switch of the vehicle is in the OFF state. Further, Yamane et al. (US 8818597) teaches that when predetermined conditions in a vehicle are met, the control means of the disclosed vehicle control device prohibits control of the state of power-source supply to vehicle-mounted equipment or the operating state of a drive source resulting from a pressing operation of a push switch. When it is detected that an abnormal state has arisen in the vehicle, the control means allows control by the pressing operation of the push switch even if the aforementioned predetermined conditions are met. Still further, Chon (US 20240123966) teaches a vehicle includes an input unit, a first sensor provided to detect an input of a brake signal, a second sensor provided to detect an output of a driving motor, a driving controller provided to control the driving motor, and a main controller electrically connected to the input unit, the first sensor, the second sensor and the driving controller and configured to determine an electric power mode based on the input of the brake signal detected by the first sensor and the output of the driving motor detected by the second sensor when an input related to power off of the vehicle is received through the input unit while the vehicle is driving, wherein the main controller is configured to determine the electric power mode as an emergency mode when it is determined that the driving motor is accelerating while the input of the brake signal is being received. With respect to claims 1 and 10, Tabata et al., Murata et al. and Chon, taken individually or in combination with each other or other prior art of record, fail to teach or make obvious determining whether the user an input is received from at least one of the start button, the pedal signal receiver, or the input device; switching to a standby mode based on the start instructions received through the start button, switching to a ready mode based on the start instructions received through the start button and the pedal signal received through the pedal signal receiver, and switching to a maintenance mode based on the user input received through the input device; and upon receiving the user input from the input device switching to the maintenance mode, cutting off power supplied to the at least one first load or the at least one second load. This is the concept that defines the present application over the prior art of record. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNE MARIE ANTONUCCI whose telephone number is (313)446-6519. The examiner can normally be reached Monday to Friday 8:30 to 5:00. 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, JAMES TRAMMELL can be reached at 571-272-6712. 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. ANNE MARIE ANTONUCCI Supervisory Patent Examiner Art Unit 3666A /ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666
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Prosecution Timeline

Apr 24, 2023
Application Filed
Jul 15, 2025
Non-Final Rejection mailed — §112
Oct 15, 2025
Response Filed
Sep 30, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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SYSTEMS AND METHODS FOR MONITORING SEED PLACEMENT WITHIN THE GROUND
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Patent 12767156
VEHICLE SENSOR MODE TRANSITIONS
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Patent 12741666
MULTI-PROFILE QUADRATIC PROGRAMMING (MPQP) FOR OPTIMAL GAP SELECTION AND SPEED PLANNING OF AUTONOMOUS DRIVING
2y 10m to grant Granted Sep 22, 2026
Patent 12735193
SYSTEMS AND METHODS FOR DETERMINING A PHASE OF FLIGHT OF AN AIRCRAFT
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Patent 12723880
METHOD FOR REPLANNING A PARKING PATH
2y 8m to grant Granted Sep 01, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
87%
Grant Probability
98%
With Interview (+10.1%)
1y 10m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 594 resolved cases by this examiner. Grant probability derived from career allowance rate.

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