Prosecution Insights
Last updated: April 19, 2026
Application No. 18/139,315

CONTROL OF AUTOMATED FOLLOWING IN VEHICLE CONVOYS

Final Rejection §103
Filed
Apr 25, 2023
Examiner
NGUYEN, NGA X
Art Unit
3662
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Peloton Technology Inc.
OA Round
4 (Final)
78%
Grant Probability
Favorable
5-6
OA Rounds
3y 0m
To Grant
84%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
609 granted / 784 resolved
+25.7% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
37 currently pending
Career history
821
Total Applications
across all art units

Statute-Specific Performance

§101
11.5%
-28.5% vs TC avg
§103
46.9%
+6.9% vs TC avg
§102
13.9%
-26.1% vs TC avg
§112
21.5%
-18.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 784 resolved cases

Office Action

§103
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 . The current application is CON. of application No. 16/504230, now Pat. No. 11669108, relates provisional application No. 62/695014 filed on Jul. 7, 2018. Response to Arguments Applicant's arguments filed 01/02/2014 have been fully considered but are not persuasive to overcome the rejection. Examiner responds to the Applicant’s argument as the following reasons: Regarding the Claim Rejections under 35 USC 103: Applicant argues that the cited references (e.g., Amla) fails to discloses transmitting “engine torque”. Examiner disagrees to the Applicant’s argument. Examiner Response: Applicant pointed out the Amla at [0038] discloses that the lead vehicle wirelessly provides information including steering wheel position, steering input, throttle position, brake position and deceleration rates that are conceptually and physically linked to engine torque because they all represent forces controlling the vehicle’s motion and trajectory. Therefore, the Office Action still remains. 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. Claim(s) 21-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Amla (20210216082) in view of Plishner (20070233337). With regard to claim 21, Amla discloses a method for controlling a following vehicle, comprising: receiving information related to a lead vehicle path through a vehicle to vehicle (V2V) communication system (a Lead vehicle 201 transmit its path to the following vehicle 221, see Fig.1-2, [0042]+ & [0047]-[0048]+); enable storing the received lead vehicle path information in a memory (computing unit 124 comprises processor and memory for receiving information from the lead vehicle, its sensors, and etc. and enables to store the information into the memory, see [0037]-[0038]+); comparing following vehicle coordinates from a GNSS (Global Navigation Satellite System) receiver on the following vehicle with stored path information about the lead vehicle and generating a position error (the following vehicle’s computing unit analyzes the information, see [0052] to generate deviations, see [0064], [0069]+) ; generating following vehicle commands to reduce the position error, wherein the vehicle commands include information about the lead vehicle's steering angle, engine torque, and braking system wherein the following vehicle commands are generated based on information about the lead vehicle's steering angle, engine torque, and braking system (the lead vehicle’s computing unit 104 sends commands to the following vehicle, [0042]-[0043] & [0072]+); and transmitting, from the lead vehicle to the following vehicle, the information about the lead vehicle's steering angle, engine torque, and braking system (The follow vehicle wirelessly receive information from the lead vehicle regarding position, movement, acceleration, deceleration, steering, and etc., see the abstract, [0037]-[0038]+) . Amla’s disclosure has shown the lead vehicle and the following vehicle’s computing unit have processor and memory which enables to store the lead vehicle’s planning path but it is silent about storing the received lead vehicle path information in a database. Plishner discloses a system including a lead vehicle and following vehicles (see the abstract). The following vehicle includes a track maker 12e stores the information (the distance and direction) transmitted from the lead (see [0018]+). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Ama by including storing the received lead vehicle path information in a database as taught by Plishner. The combination of Ama and Plishner is an adapted system for improving safety the driving of the following vehicle. With regard to claim 22, Plishner teaches that the method of Claim 21, additionally comprising: positioning the following vehicle near the lead vehicle; establishing V2V communication between the lead and the following vehicle; confirming an authorization for the following vehicle to follow the lead vehicle; and once the lead vehicle begins moving to define the lead vehicle path, maintaining a gap between the rear of the lead vehicle and the front of the following vehicle (the lead vehicle includes a transmitter provided an encrypted communication in a form allowing authentication, see [0018]+). With regard to claim 23, Amla teaches that the method of Claim 22, wherein the step of maintaining a gap comprises: analyzing radar sensor data from a second vehicle the following vehicle's radar system; analyzing information received over the V2V communication system; using the analyzed radar sensor data and the analyzed V2V communication information to determine a gap distance from the following vehicle to the rear of the lead vehicle; and generating following vehicle commands (see [0041]-[0045]+). With regard to claim 24, Amla teaches that the method of Claim 21, wherein the steps of generating following vehicle commands include: comparing coordinates with stored path information and generating a position error, and repeating generating following vehicle commands to reduce the position error a multiplicity of times (each of the vehicles continuously transmits its current position information , so that the follow vehicles following the leading vehicle without crossing a boundary or obstacles, see [0062]-[0069]+). With regard to claim 25, Plishner teaches that the method of Claim 24, wherein the multiplicity of times occurs periodically (see [0018]-[0020]+. With regard to claim 26, Plishner teaches that the method of Claim 25, wherein the frequency of the multiplicity of times is 10 Hz (low-power RF signal can be of any frequency ranges in the RF spectrum, see [0018]+). With regard to claim 27, Amla teaches that the method of Claim 21, wherein the V2V communication system includes a wireless communication link (see [0046]+). With regard to claim 28, Amla teaches that the method of Claim 21, wherein the following vehicle and the lead vehicle can switch positions (the lead vehicle 201 can be a follow vehicle based on a situation, see [0048]+) With regard to claims 29-30, Amla teaches that the method of Claim 21, further comprising: ending the following session of the following vehicle and pull of a road (allowing the driver of following vehicles commuting with stop-or go traffic, see [0010]+). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGA X NGUYEN whose telephone number is (571)272-5217. The examiner can normally be reached M-F 5:30AM - 2:30PM. 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, JELANI SMITH can be reached at 571-270-3969. 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. NGA X. NGUYEN Examiner Art Unit 3662 /NGA X NGUYEN/Primary Examiner, Art Unit 3662
Read full office action

Prosecution Timeline

Apr 25, 2023
Application Filed
Mar 22, 2024
Non-Final Rejection — §103
Sep 30, 2024
Response Filed
Dec 05, 2024
Final Rejection — §103
Jun 09, 2025
Request for Continued Examination
Jun 16, 2025
Response after Non-Final Action
Jul 22, 2025
Non-Final Rejection — §103
Jan 26, 2026
Response Filed
Feb 21, 2026
Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
78%
Grant Probability
84%
With Interview (+6.5%)
3y 0m
Median Time to Grant
High
PTA Risk
Based on 784 resolved cases by this examiner. Grant probability derived from career allow rate.

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