Prosecution Insights
Last updated: October 02, 2026
Application No. 18/138,164

VEHICLE AND METHOD OF CONTROLLING THE SAME

Non-Final OA §102§103
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
97%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
518 granted / 593 resolved
+35.4% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
10 currently pending
Career history
631
Total Applications
across all art units

Statute-Specific Performance

§101
20.2%
-19.8% vs TC avg
§103
41.6%
+1.6% vs TC avg
§102
18.1%
-21.9% vs TC avg
§112
15.2%
-24.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 593 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 . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2022-0131118, filed on 10/13/2022. Claim Objections Claims 1-8 and 10-17 objected to because of the following informalities: In claim 1, lines 4-8, “from the at least one battery” should read “from at least one battery” In claim 1, lines 9-10, “the at least one first load” should read “at least one first load” and “the at least one second load” should read “at least one second load” Claims 2-8 and 10-17 recite analogous informalities and are therefore objected on the same premise Appropriate correction is required. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tabata (US 20220063585 A1). Regarding claim 1, Tabata teaches a vehicle, comprising: at least one battery (an auxiliary-device battery 57 configured to supply the electric power to devices provided in the vehicle 8, and a sub-battery 142; [0023]); an input device configured to receive a user input for cutting off power supplied from at least one battery (electric power switch 87 indicative of a signal IG that represents whether the electric power switch 87 is in an ON state or an OFF state; [0046]); at least one first load configured to receive a first power from at least one battery (the sub-battery 142 as the second battery is configured to perform a first function during stop of the vehicle 8, and to perform a second function during running of the vehicle 8; [0090]); at least one second load configured to receive a second power smaller than the first power from at least one battery (amount of consumption of the electric power of the auxiliary-device battery 57 can be made smaller…; [0090] and see Fig. 2); and a controller configured to cut off power supplied to at least one first load or at least one second load based on the user input received through the input device (electronic control device 90 is executable when the electric power switch 87 of the vehicle 8 is in the ON state as well as in the OFF state, and such that the rewriting of at least one second software is executed with the supply of the electric power from the sub-battery 142 to the electronic control device 90 when the electric power switch 87 is in the ON state as well as in the OFF state; [0104]). Claim Rejections - 35 USC § 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, 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. Claims 2-6, 8, and 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Tabata (US 20220063585 A1) in view of Kim (KR 101379927 B1). Regarding claim 2, Tabata teaches the vehicle of claim 1, but does not teach wherein the controller is further configured to, upon receiving the user input from the input device, cut off all power supplied to at least one first load or at least one second load. Kim teaches wherein the controller is further configured to, upon receiving the user input from the input device, cut off all power supplied to at least one first load or at least one second load (when the user selects "2. Battery Lowest Power Saving Mode”, the power control unit 220 immediately turns off the switching elements connected to the first load group; [0036] and Modified Fig. 2). PNG media_image1.png 338 710 media_image1.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata to incorporate the teachings of Kim in order to allow user input to control the power supplied to the first load, saving and extending the battery life as the user continues to drive the vehicle. Regarding claim 3, Tabata teaches the vehicle of claim 1, further comprising a power controller configured to distribute the first power to at least one first load, but does not teach wherein the controller is further configured to, upon receiving the user input from the input device, transmit an instruction to cut off supply of the first power to the power controller through a vehicle communication network. Kim teaches wherein the controller is further configured to, upon receiving the user input from the input device, transmit an instruction to cut off supply of the first power to the power controller through a vehicle communication network (selected power saving mode is transmitted to the power control unit 220 according to the CAN communication or LIN communication method; [0033]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata to incorporate the teachings of Kim in order properly transmit the instruction to control the power supply according to the user input via the input device using the power controller to programmed to send the transmitting signal. Regarding claim 4, Tabata teaches the vehicle of claim 3, but does not teach wherein the power controller is configured to, upon receiving the instruction to cut off the supply of the first power, cut off the supply of the first power to at least one first load. Kim teaches wherein the power controller is configured to, upon receiving the instruction to cut off the supply of the first power, cut off the supply of the first power to at least one first load (when the user selects "battery hibernation mode”, the battery saving system immediately turns off the first switching element connected to the first load group to shut off the power supply to the first load group; [0044]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata to incorporate the teachings of Kim in order for the power control unit to turn off the power supply to the corresponding load group and activating the battery saving mode while operating the vehicle. Regarding claim 5, Tabata teaches the vehicle of claim 1, further comprising a switch configured to cut off or supply the second power to at least one second load (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; [0007]). However, Tabata does not teach wherein the controller is configured to, upon receiving the user input from the input device, transmit an instruction to cut off supply of the second power to the switch through a vehicle communication network. Kim teaches wherein the controller is configured to, upon receiving the user input from the input device, transmit an instruction to cut off supply of the second power to the switch through a vehicle communication network (select the power saving mode of any one of the items 1 to 3 displayed on the display 110 and the selection control unit 120 And transmits the selected power saving mode to the power control unit 220 according to the CAN communication or the LIN communication method; [0033]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata to incorporate the teachings of Kim to allow the user to switch off the power being supplied to the second load through the vehicle communication network using an input device transmitting a signal to the corresponding switch. Regarding claim 6, Tabata teaches the vehicle of claim 5, but does not teach wherein the switch is configured to, upon receiving the instruction to cut off the supply of the second power, cut off the supply of the second power to at least one second load. Kim teaches wherein the switch is configured to, upon receiving the instruction to cut off the supply of the second power, cut off the supply of the second power to at least one second load (when the user selects "battery hibernation mode", the battery power saving system immediately turns off the first switching element connected to the first load group to cut off the power supply to the first load group, and a predetermined constant time is defined. After the elapse of time, the second switching device is turned off to cut off the power supply to the second load group (S480); [0044]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata to incorporate the teachings of Kim in order for the power control unit to turn off the power supply to the corresponding load group to initiate the battery saving mode while operating the vehicle. Regarding claim 8, Tabata teaches the vehicle of claim 1, but does not teach wherein the controller is configured to, upon determining that the vehicle is driving when the user input is received from the input device, continuously supply power to at least one first load or at least one second load. Kim teaches wherein the controller is configured to, upon determining that the vehicle is driving when the user input is received from the input device, continuously supply power to at least one first load or at least one second load (the switching element connected to the second load group related to the driving of the vehicle is controlled to maintain the ON state so that the constant power is supplied to the second load group; [0036]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata to incorporate the teachings of Kim in order to keep the vehicle operating when in driving mode and not shutting off the vehicle completely while minimizing battery usage, especially when the vehicle is frequently driven. Regarding claim 10, Tabata teaches a method of controlling a vehicle including at least one battery (an auxiliary-device battery 57 configured to supply the electric power to devices provided in the vehicle 8, and a sub-battery 142; [0023]), an input device receiving a user input for cutting off power supplied from at least one battery (electric power switch 87 indicative of a signal IG that represents whether the electric power switch 87 is in an ON state or an OFF state; [0046]), at least one first load receiving a first power (amount of consumption of the electric power of the auxiliary-device battery 57 can be made smaller…; [0090] and see Fig. 2), and at least one second load receiving a second power smaller than the first power (the sub-battery 142 as the second battery is configured to perform a first function during stop of the vehicle 8, and to perform a second function during running of the vehicle 8; [0090]), However, Tabata does not teach the method comprising: determining whether the user input is received from the input device; and upon receiving the user input from the input device, cutting off power supplied to at least one first load or at least one second load. Kim teaches the method comprising: determining whether the user input is received from the input device (selection control unit for transmitting a power saving mode selected by the user through the input unit; [0008]); and upon receiving the user input from the input device, cutting off power supplied to at least one first load or at least one second load (when the user selects the power saving mode in the second step, the power supplied to the first load group is immediately shut off, the power supply state of the second load group is maintained; [0008]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata to incorporate the teachings of Kim in order to have the user input control the power being supplied to either the first or second load group from either the first or second battery to prevent driving accidents and electric shock. Regarding claim 11, Tabata teaches the method of claim 10, but does not teach wherein cutting off the power includes, upon receiving the user input from the input device, cutting off all power supplied to at least one first load or at least one second load. Kim teaches cutting off the power includes, upon receiving the user input from the input device (selection control unit for transmitting a power saving mode selected by the user through the input unit; [0008]), cutting off all power supplied to at least one first load or at least one second load (In the case of the hibernation mode, both the first load group and the second load group can be immediately shut off when the vehicle enters the boundary mode; [0037]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata to incorporate the teachings of Kim in order to have the input device respond to the user input to completely cut off the power supply to either load in the case of an emergency or when the vehicle is not being driven. Regarding claim 12, Tabata teaches the method of claim 10, wherein: the vehicle further includes a power controller configured to distribute the first power to at least one first load (The electronic control device 90 may be constituted by two or more control units exclusively assigned to perform respective control operations such as a control operation for controlling the drive power sources; [0045]). However, Tabata does not teach cutting off the power includes, upon receiving the user input from the input device, transmitting an instruction to cut off supply of the first power to the power controller through a vehicle communication network. Kim teaches cutting off the power includes, upon receiving the user input from the input device, transmitting an instruction to cut off supply of the first power to the power controller through a vehicle communication network (selected power saving mode is transmitted to the power control unit 220 according to the CAN communication or LIN communication method; [0033]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata to incorporate the teachings of Kim in order properly transmit the instruction to control the power supply according to the user input via the input device using the power controller to programmed to send the transmitting signal. Regarding claim 13, Tabata teaches the method of claim 12, but does not teach the method further comprising: upon receiving the instruction to cut off the supply of the first power, cutting off, by the power controller, the supply of the first power to at least one first load. Kim teaches the method further comprising: upon receiving the instruction to cut off the supply of the first power, cutting off, by the power controller, the supply of the first power to at least one first load (when the user selects "battery hibernation mode”, the battery saving system immediately turns off the first switching element connected to the first load group to shut off the power supply to the first load group; [0044]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata to incorporate the teachings of Kim in order for the power control unit to turn off the power supply to the corresponding load group and activating the battery saving mode while operating the vehicle. Regarding claim 14, Tabata teaches the method of claim 10, wherein: the vehicle further includes a switch configured to cut off or supply the second power to at least one second load (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; [0007]). However, Tabata does not teach cutting off the power includes, upon receiving the user input from the input device, transmitting an instruction to cut off supply of the second power to the switch through a vehicle communication network. Kim teaches cutting off the power includes, upon receiving the user input from the input device, transmitting an instruction to cut off supply of the second power to the switch through a vehicle communication network (select the power saving mode of any one of the items 1 to 3 displayed on the display 110 and the selection control unit 120 And transmits the selected power saving mode to the power control unit 220 according to the CAN communication or the LIN communication method; [0033]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata to incorporate the teachings of Kim to allow the user to switch off the power being supplied to the second load through the vehicle communication network using an input device transmitting a signal to the corresponding switch. Regarding claim 15, Tabata teaches the method of claim 14 but does not teach the method further comprising: upon receiving the instruction to cut off the supply of the second power, cutting off, by the switch, the supply of the second power to at least one second load. Kim teaches upon receiving the instruction to cut off the supply of the second power, cutting off, by the switch, the supply of the second power to at least one second load (when the user selects "battery hibernation mode", the battery power saving system immediately turns off the first switching element connected to the first load group to cut off the power supply to the first load group, and a predetermined constant time is defined. After the elapse of time, the second switching device is turned off to cut off the power supply to the second load group (S480); [0044]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata to incorporate the teachings of Kim in order for the power control unit to turn off the power supply to the corresponding load group to initiate the battery saving mode while operating the vehicle. Claims 7, 9, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Tabata (US 20220063585 A1) in view of Kim (KR 101379927 B1) in further view of Kitanaka (US 20090267412 A1) Regarding claim 7, Tabata teaches the vehicle of claim 1, but does not teach wherein the controller is configured to, upon determining that the user input is received from the input device and the vehicle is in a stopped state, cut off all power supplied to at least one first load or at least one second load. Kim teaches wherein the controller is configured to, upon determining that the user input is received from the input device (selection control unit for transmitting a power saving mode selected by the user through the input unit; [0008]). Kim does not teach when the vehicle is in a stopped state, cut off all power supplied to at least one first load or at least one second load. Kitanaka teaches when the vehicle is in a stopped state, cut off all power supplied to at least one first load or at least one second load (When the direction switch is compared to the shift lever of a motor vehicle, the neutral position corresponds to the parking position or the neutral position; the circuit is configured in such a way as to stop the inverter 11 when the neutral position is selected. Accordingly, by selecting the neutral position while the electric vehicle travels, the inverter 11 can be stopped, whereby the supply of electric power to the motor 12 can be interrupted; [0046]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata and Kim to incorporate the teachings of Kitanaka in order for the controller to determine the vehicle’s stopped state and cut off the power to both of the loads accordingly. Regarding claim 9, Tabata teaches the vehicle of claim 7, but both Tabata and Kim do not teach wherein the controller is further configured to determine whether the vehicle is in the stopped state based on at least one of a vehicle speed, a gear shifting, or a parking brake. Kitanaka teaches wherein the controller is further configured to determine whether the vehicle is in the stopped state (the direction switch neutral position signal N are signals that, in normal circumstances, are not inputted while an electric vehicle travels, even though inputted when the electric vehicle is in a stop state; [0050]) based on at least one of a vehicle speed, a gear shifting, or a parking brake (direction switch neutral position signal N are inputted to the control unit 16; furthermore, an acceleration detection value OA from the acceleration sensor 17 and a vehicle speed V from a vehicle speed detector 18 of an electric vehicle are inputted to the control unit 16; [0040] and Fig. 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata and Kim to incorporate the teachings of Kitanaka in order configure the controller to determine the vehicle’s stopped state based on vehicle speed calculated based on the logic circuit or reading the direction switch neutral position signal and being in neutral gear. Regarding claim 16, Tabata teaches the method of claim 10, both Tabata and Kim do not teach wherein cutting off the power includes: determining whether the vehicle is in a stopped state, and upon determining that the user input is received from the input device and the vehicle is in the stopped state, cutting off all power supplied to at least one first load or at least one second load. Kitanaka teaches wherein cutting off the power includes: determining whether the vehicle is in a stopped state (the direction switch neutral position signal N are signals that, in normal circumstances, are not inputted while an electric vehicle travels, even though inputted when the electric vehicle is in a stop state; [0050]), and upon determining that the user input is received from the input device and the vehicle is in the stopped state, cutting off all power supplied to at least one first load or at least one second load (When the direction switch is compared to the shift lever of a motor vehicle, the neutral position corresponds to the parking position or the neutral position; the circuit is configured in such a way as to stop the inverter 11 when the neutral position is selected. Accordingly, by selecting the neutral position while the electric vehicle travels, the inverter 11 can be stopped, whereby the supply of electric power to the motor 12 can be interrupted; [0046]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata and Kim to incorporate the teachings of Kitanaka in order for the controller to determine the vehicle’s stopped state based on the user input and cut off the power to both of the loads accordingly. Regarding claim 17, Tabata teaches the method of claim 10, but does not teach the method further comprising: determining whether the vehicle is in a stopped state, and upon determining that the vehicle is driving when the user input is received from the input device, continuously supplying power to at least one first load or at least one second load. Kim teaches upon determining that the vehicle is driving when the user input is received from the input device, continuously supplying power to at least one first load or at least one second load (the switching element connected to the second load group related to the driving of the vehicle is controlled to maintain the ON state so that the constant power is supplied to the second load group; [0036]). Kim does not teach determining whether the vehicle is in a stopped state. However, Kitanaka teaches determining whether the vehicle is in a stopped state (the direction switch neutral position signal N are signals that, in normal circumstances, are not inputted while an electric vehicle travels, even though inputted when the electric vehicle is in a stop state; [0050]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata and Kim to incorporate the teachings of Kitanaka in order for the controller to read from the input device a stopped position for the vehicle and thus continuously supplying power to at least one of the loads to keep the vehicle operational. Regarding claim 18, Tabata teaches the method of claim 17, but Tabata and Kim both do not teach wherein determining whether the vehicle is in the stopped state comprises determining whether the vehicle is in the stopped state based on at least one of a vehicle speed, a gear shifting, or a parking brake. Kitanaka teaches wherein determining whether the vehicle is in the stopped state comprises determining whether the vehicle is in the stopped state (the direction switch neutral position signal N are signals that, in normal circumstances, are not inputted while an electric vehicle travels, even though inputted when the electric vehicle is in a stop state; [0050]) based on at least one of a vehicle speed, a gear shifting, or a parking brake (direction switch neutral position signal N are inputted to the control unit 16; furthermore, an acceleration detection value OA from the acceleration sensor 17 and a vehicle speed V from a vehicle speed detector 18 of an electric vehicle are inputted to the control unit 16; [0040] and Fig. 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tabata and Kim to incorporate the teachings of Kitanaka in order recognize the vehicle elements (vehicle speed, a gear shifting, or a parking brake) that are used to determine the stopped position of a vehicle and thus allows the controller to determine how to supply power to the first and/or second load. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENDRICK K LY whose telephone number is (571)272-5831. The examiner can normally be reached M-F 9:00-16:00. 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, Helal Algahaim can be reached at (571) 270-5227. 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. /K.K.L./Examiner, Art Unit 3666 /HELAL A ALGAHAIM/SPE , Art Unit 3666
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Prosecution Timeline

Apr 24, 2023
Application Filed
Jul 15, 2025
Non-Final Rejection mailed — §102, §103
Oct 15, 2025
Response Filed
Sep 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

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