Prosecution Insights
Last updated: May 29, 2026
Application No. 18/238,632

REMOTE OPERATION DEVICE, CONTROL METHOD OF REMOTE OPERATION DEVICE, AND NON-TRANSITORY STORAGE MEDIUM

Non-Final OA §103§112
Filed
Aug 28, 2023
Priority
Sep 28, 2022 — JP 2022-155268
Examiner
AFRIN, NAZIA
Art Unit
3666
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Honda Motor Co. Ltd.
OA Round
2 (Non-Final)
53%
Grant Probability
Moderate
2-3
OA Rounds
2m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allowance Rate
8 granted / 15 resolved
+1.3% vs TC avg
Strong +34% interview lift
Without
With
+33.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
36 currently pending
Career history
73
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
94.6%
+54.6% vs TC avg
§102
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 15 resolved cases

Office Action

§103 §112
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 . Status of claims Claims 2, 4 and 6 are cancelled. No new claim is added. Claims 1,3,5,7-13 are pending. New IDS submitted on 08/22/2025 has been fully considered. Foreign priority claimed for JP 2022-155268 is entered. Response to arguments Applicant’s remarks are entered into the record. A new search was made necessitated by the applicant’s remarks and amendment based on prior art qualification argument. A new rejection is made based on the new search based on the argument on page 11 that prior art JP2023072935A does not qualify as prior art based on AIA 102(a)(1). Applicant’s arguments are now moot in view of the new rejection of the claims for claim 8. Applicant’s arguments filed on 09/05/2025 has been fully considered but rest of the arguments are not persuasive. Regarding the arguments on page 9, Applicant’s position that -QiYi fails to disclose, teach or suggest registering…., granting authorization….”. Examiner respectfully traverse the argument. Qi Yi teaches first device controlled through first device control software program on the first terminal such as APP, the first device information registered in the APP (see para[0276]). Additionally, QiYi teaches that the control instruction carry identification information (such as ID information, password information used by the user, etc) and processing device can operate based on the identification information (see para[0282]). Regarding the argument “granting authorization..”, Qi yi teaches the processor 112 can control the authority of the second terminal (See para[0241]), the control authority of the first device so that the control authority meets the requirements of the setting information of the original user account corresponding to the first device (see para[0008]). QiYi teaches “obtaining a control instruction for closing the preset mode input by the user on the smart lock panel, and determining whether the content in the control instruction is the preset content to obtain a verification result.” (see para[0042]), . Qi Yi teaches the control mode include a mode where the user allow to use the equipment by setting permission for the specific scenario (see para[0142]). Therefore, Examiner maintains the 35.U.S.C 103 rejection and repeat the rejection as before with additional citation for clarity. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 8 is 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. In claim 8, the recitation, “a communication device” .... renders it indefinite, since it is not clear, is this a new communication device or the previous communication device. Appropriate clarification is required 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 1, 3, 5, 7, 9-13 are rejected under 35 U.S.C. 103 as being unpatented over Qi Yi (WO 2021239015 A1, herein after “Yi”) in view of Nishimoto (US9120452B2, herein after “Nishimoto”). Regarding claim 1, Yi discloses A remote operation device that remotely operates a vehicle (see Yi at least para[0119] For example, this system can be applied to the management and control of smart home devices, vehicle-mounted devices and other devices.), the remote operation device comprising: a storage device (see Yi at least para[0136] In some embodiments, storage devices may be respectively provided in the server 110 , the smart device 130 , and the user terminal 140 . )configured to register identification information associated with a terminal device of a user (see Yi smart device 130, (see para[0276] In some embodiments, the first device can be controlled through a first device control software program on the first terminal, such as an APP. That is, only the first terminal that has installed the first device control APP and has the information of the first device registered in the APP has the authority to control the first device., para[0282] the control instruction may carry identification information of the sending end, such as ID information, password information used by the user, etc), and information of a group including the user; and a processor configured to grant authorization for a remote operation (See Yi para[0241] The user of the first terminal shares control authority with the user of the second terminal, allowing the user to use the smart air conditioner; para[0008] In some embodiments, the device control further includes: receiving a sharing request from the first device, wherein the sharing request carries the identifier of the first device, the identifier and configuration information of the first set corresponding to the first device) on the vehicle to identification information associated with a terminal device of a first user included in the group (see Yi at least para[0160] car devices are grouped into vehicles,), based on an operation from the terminal device of the first user, wherein in a case where the processor has granted the authorization for the remote operation(see Yi at least para[0010] n some embodiments, the control instruction is sent by the user through a first terminal; and verifying whether the control instruction satisfies a preset condition includes: verifying whether the first terminal has authority to execute an operation corresponding to the control instruction.), the processor grants the authorization for the remote operation to identification information associated with a terminal device of a second user included in an identical group (see Yi at least para[0008] the device control further includes: receiving a sharing request of the first device) to the first user. the processor rejects a request for the remote operation received from a terminal device of a third user who is not registered in the identical group including the first user in the storage device. (see Yi at least para[0277] The processing device 112 can verify whether the ID number is the ID number of the first terminal on which the first device control APP is installed and the information of the first device is registered in the APP. If so, the processing device 112 can determine that the control instruction meets the preset conditions, the verification result is the first preset result, and the verification passes; if not, the processing device 112 can determine that the control instruction does not meet the preset conditions and the verification fails.) However, Yi does not teach when the vehicle starts up or stops, the processor grants the authorization for the remote operation. Nevertheless, Nishimoto same field of endeavor teaches the remote operation device further comprising a communication device configured to acquire from the vehicle( see Nishimoto communication device), the identification information associated with the terminal device of the first user who is present inside the vehicle, when the vehicle starts up or stops, wherein the processor registers, in the storage device, the identification information acquired by the communication device, and grants the authorization for the remote operation to the identification information registered in the storage device(See Nishimoto [column 4,lines 22-31] During user registration, the user registration unit 15 receives the initial registration information Sst from the smartphone 2 and writes the initial registration information Sst to the database 18. In this state, when the smartphone 2 indicated by the initial registration information Sst is designated as the master key that is to be registered, the user registration unit 15 marks the fields of master key registration information and valid registration information to set the smartphone 2 as the master key. This completes user registration) the processor registers, in the storage device, the identification information acquired by the communication device (See Nishimoto claim 1 a server that receives identification information from the first portable electronic device) , and grants the authorization for the remote operation to the identification information registered in the storage device (See Nishimoto page 1, lines 13-18 The present invention relates to a vehicle operation authorization system that grants a portable electronic device authorization to operate a vehicle so that the portable electronic device can be used as an electronic key.), the communication device acquires state information indicating either a traveling state or a stopped state of the vehicle (see Nishimoto [column 8, lines 14-21] determine whether or not the true user is accessing the data center 4. When determining that the true user is accessing the data center 4, the user verification unit 20 transmits an engine state permission notification to the net work center 5 to allow for the smartphone 2b to start the engine. In this case, the valid terminal setting”), and in the traveling state of the vehicle, the processor grants first remote operation authorization to the identification information associated with the terminal device of the first user, and grants second remote operation authorization, by which an operable function is limited as compared with the first remote operation authorization, to the identification information associated with the terminal device of the second user (See Nishimoto [column 5 lines 45-62] Referring to FIG. 1, the vehicle remote operation system 3 includes a vehicle operation authorization system 23 that can grant authorization to perform a vehicle operation, which is normally performed with a smartphone 2 (hereinafter, referred to as the first smartphone 2a), to another smartphone 2 (hereinafter, referred to as the second smartphone 2b). The vehicle operation authorization in the first embodiment is performed by encrypting the user ID and user password registered by the first smartphone 2a with a public key, acquiring the encrypted user ID and user password with the second smartphone 2b, and granting the second smartphone 2b the authorization to access the data center 4. Further, in the first embodiment, the vehicle operation authorization is performed by capturing an image to allow for the second smartphone 2b to directly acquire the encrypted user ID and user password. The first smartphone 2a is one example of a first portable electronic device, and the second smartphone 2b is one example of a second portable electronic device). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Yi’s device control method and system with Nishimoto’s communication device grants the authorization for the remote operation when the vehicle starts up or stops to increased security (see Nishimoto column 1 lines 50-52). Regarding claim 3, Yi and Nishimoto remain applied as claim 1. Yi discloses wherein in a case where a use code (see Yi at least para[0129] For another example, the server 110 may issue data information such as a password and an activation code to the user terminal 140 through the network 120 ) indicated on an interface device inside the vehicle matches a use code transmitted from the terminal device of the first user, the processor grants the authorization for the remote operation to the identification information registered in the storage device and associated with the terminal device of the first user. (see Yi at least para[0008] the control authority meets the requirements of the setting information of the original user account corresponding to the first device; [0009]In some embodiments, the device control method further includes: obtaining a control instruction from a user to control the first device; verifying whether the control instruction meets a preset condition to obtain a verification result; and determining whether to control the first device to perform an operation corresponding to the control instruction based on the verification result, the status of the first device and the control instruction). Regarding claim 5, Yi and Nishimoto remain applied as claim 1. Yi discloses device control method and system. However, Yi does not teach wherein the processor outputs a signal for operating the vehicle, based on a request for the remote operation. Nevertheless, Nishimoto same field of endeavor teaches wherein the processor outputs a signal for operating the vehicle, based on a request for the remote operation received from a terminal device having the identification information to which the authorization for the remote operation is granted. (See Nishimoto [column 8 line 61] to column 9, line 3] If the user performs an access authorization cancellation operation with the first smartphone 2a when the second smartphone 2b is granted access authorization, the access authorization cancellation unit 38 transmits an access authorization cancellation signal Sat to the data center 4. When the valid terminal setting unit 37 receives the access authorization cancellation request signal Sat, the valid terminal setting unit 37 invalidates the second smartphone 2b and sets the first smartphone 2a, which is registered as the master key, as the valid terminal again.) It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Yi’s device control method and system with Nishimoto’s signal output for indicating the authorization for the remote operation to increased security by verifying the electronic key(remote device) (see Nishimoto column 1 lines 50-52 and lines 30-33). Regarding claim 7, Yi and Nishimoto remain applied as claim 1. Yi discloses device control method and system. However, Yi does not teach wherein in the stopped state of the vehicle, the processor grants the first remote operation authorization to the identification information associated with the terminal device of the first user and the identification information associated with the terminal device of the second user. (see Nishimoto figure 6. Column 4, lines 63-66] when an engine start button 22 shown in the vehicle operation page 21 is operated, the key function unit 19 transmits an operation request signal).[ after verification from the smartphone 2 user(2a,2b), the engine button starts, meaning when the verification was conducting, the engine was stopped]. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Yi’s device control method and system with Nishimoto’s communication device that share state of the vehicle to increased security of the vehicle by confirming the state of the vehicle when permitting the remote operation. (see Nishimoto column 2 lines 35-37). Regarding claim 9, Yi and Nishimoto remain applied as claim 1. Yi discloses wherein in a case where either the first user or the second user has deleted the authorization for the remote operation granted, and the processor deletes the authorization for the remote operation granted to the identification information associated with the terminal devices of the first user and the second user who belong to the identical group. (see Yi at least para [0031] wherein the control authority deletion instruction is used to control the server to delete the control authority of the second target user account over the first device.) Regarding claim 10, Yi and Nishimoto remain applied as claim 1. Yi discloses wherein in a case where a plurality of groups to which the first user belongs are registered in the storage device, in the case where the processor has granted the authorization for the remote operation, the processor grants the authorization for the remote operation to identification information associated with terminal devices of each user included in the plurality of groups to which the first user belongs. (see Yi at least par[0032] setting the control authority of the shared device so that the control authority meets the requirements of the setting information of the original user account corresponding to the shared device.) Regarding claim 11, Yi and Nishimoto remain applied as claim 1. Yi discloses wherein the processor does not grant the authorization for the remote operation to identification information associated with a terminal device of a fourth user, who is included in the identical group to the second user and is not included in the identical group to the first user. (see Yi at least para[0217] Optionally, the user or the processing device 112 may also determine whether to delete a set according to actual needs, for example, a set that includes devices or a set that does not include devices.) Regarding claim 12, Yi discloses A control method of a remote operation device that remotely operates a vehicle, the control method comprising: registering, in a storage device, identification information associated with a terminal device of a user, and information of a group including the user; granting, by a processor, authorization for a remote operation on the vehicle to identification information associated with a terminal device of a first user included in the group, based on an operation from the terminal device of the first user; and in a case where the processor has granted the authorization for the remote operation, granting, by the processor, the authorization for the remote operation to identification information associated with a terminal device of a second user included in an identical group to the first user. (see Yi at least para[0061] One of the embodiments of the present application provides a computer-readable medium having a computer program stored thereon, wherein when the program is executed by a processor, the method described in any of the embodiments of the present application is implemented; para[0063] One of the embodiments of the present application provides a smart lock, including: one or more processors; a storage device on which one or more programs are stored; when the one or more programs are executed by the one or more processors, the one or more processors implement the method described in any embodiment of the present application). However, Yi does not teach when the vehicle starts up or stops, the processor grants the authorization for the remote operation. Nevertheless, Nishimoto same field of endeavor teaches the remote operation device further comprising a communication device configured to acquire from the vehicle( see Nishimoto communication device), the identification information associated with the terminal device of the first user who is present inside the vehicle, when the vehicle starts up or stops, wherein the processor registers, in the storage device, the identification information acquired by the communication device, and grants the authorization for the remote operation to the identification information registered in the storage device(See Nishimoto [column 4,lines 22-31] During user registration, the user registration unit 15 receives the initial registration information Sst from the smartphone 2 and writes the initial registration information Sst to the database 18. In this state, when the smartphone 2 indicated by the initial registration information Sst is designated as the master key that is to be registered, the user registration unit 15 marks the fields of master key registration information and valid registration information to set the smartphone 2 as the master key. This completes user registration) the processor registers, in the storage device, the identification information acquired by the communication device (See Nishimoto claim 1 a server that receives identification information from the first portable electronic device) , and grants the authorization for the remote operation to the identification information registered in the storage device (See Nishimoto page 1, lines 13-18 The present invention relates to a vehicle operation authorization system that grants a portable electronic device authorization to operate a vehicle so that the portable electronic device can be used as an electronic key.), the communication device acquires state information indicating either a traveling state or a stopped state of the vehicle (see Nishimoto [column 8, lines 14-21] determine whether or not the true user is accessing the data center 4. When determining that the true user is accessing the data center 4, the user verification unit 20 transmits an engine state permission notification to the net work center 5 to allow for the smartphone 2b to start the engine. In this case, the valid terminal setting”), and in the traveling state of the vehicle, the processor grants first remote operation authorization to the identification information associated with the terminal device of the first user, and grants second remote operation authorization, by which an operable function is limited as compared with the first remote operation authorization, to the identification information associated with the terminal device of the second user (See Nishimoto [column 5 lines 45-62] Referring to FIG. 1, the vehicle remote operation system 3 includes a vehicle operation authorization system 23 that can grant authorization to perform a vehicle operation, which is normally performed with a smartphone 2 (hereinafter, referred to as the first smartphone 2a), to another smartphone 2 (hereinafter, referred to as the second smartphone 2b). The vehicle operation authorization in the first embodiment is performed by encrypting the user ID and user password registered by the first smartphone 2a with a public key, acquiring the encrypted user ID and user password with the second smartphone 2b, and granting the second smartphone 2b the authorization to access the data center 4. Further, in the first embodiment, the vehicle operation authorization is performed by capturing an image to allow for the second smartphone 2b to directly acquire the encrypted user ID and user password. The first smartphone 2a is one example of a first portable electronic device, and the second smartphone 2b is one example of a second portable electronic device). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Yi’s device control method and system with Nishimoto’s communication device grants the authorization for the remote operation when the vehicle starts up or stops to increased security (see Nishimoto column 1 lines 50-52). Regarding claim 13, Yi and Nishimoto remain applied as claim 1. Yi discloses a non-transitory storage medium in which is stored a program that causes a computer to execute the steps of the control method according to claim 12. (see Yi at least para[0061] One of the embodiments of the present application provides a computer-readable medium having a computer program stored thereon, wherein when the program is executed by a processor, the method described in any of the embodiments of the present application is implemented). Claim 8 is rejected Qi Yi (WO 2021239015 A1, herein after “Yi”) in view of Keigo Nishimoto (US9120452B2, herein after “ Nishimoto”) and JP 2010056687 A to Hiramoto (herein after “ Hiramoto”). Regarding claim 8, Yi remains applied as claim 1. However, Yi does not teach a communication device configured to acquire, from the vehicle, the identification information associated with the terminal device of the first user present inside the vehicle, when the vehicle starts up, wherein when the vehicle starts up, in a case where the authorization for the remote operation is not granted to the identification information of the first user. However, Nishimoto same field of endeavor teaches The remote operation device further comprising a communication device configured to acquire, from the vehicle, the identification information associated with the terminal device of the first user present inside the vehicle (see Nishimoto [column 8, lines 14-21] determine whether or not the true user is accessing the data center 4. When determining that the true user is accessing the data center 4, the user verification unit 20 transmits an engine state permission notification to the net work center 5 to allow for the smartphone 2b to start the engine. In this case, the valid terminal setting”), when the vehicle starts up, wherein when the vehicle starts up, in a case where the authorization for the remote operation is not granted to the identification information of the first user (se Nishimoto [column 8,lines 28-31]When the communication unit 11 verifies the communication unit ID code, the communication unit 11 sends a start command to the engine starter 12 and starts the engine). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Yi’s device control method and system with Nishimoto’s communication device that does not grants the authorization when the vehicle is starts up to increased security of the vehicle by confirming the state of the vehicle when permitting the remote operation. (see Nishimoto column 2 lines 35-37). Additionally, Yi and Nishimoto do not teach where the authorization for the remote operation is not granted to the identification information of the first user the processor deletes the identification information, the authorization for the remote operation of which is registered in the storage device, and the information of the group. Nevertheless, Hiramoto same field of endeavor teaches where the authorization for the remote operation is not granted to the identification information of the first user the processor deletes the identification information, the authorization for the remote operation of which is registered in the storage device, and the information of the group (see Hiramoto at least para [0031]The second storage unit 442 stores, as approved communication destinations, unapproved communication destinations that have been approved by the approval unit 452 (described later) among the unapproved communication destinations stored in the first storage unit 441). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Yi’s device control method and system with Hiramoto’s processor operation to delete the unauthorized user identification information in order to allow to provide a communication terminal that can be safely carried by children and to display a list of identification information of all communication destinations with approval status flags (see Hiramoto paras[0014], [0032]). Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAZIA AFRIN whose telephone number is (703)756-1175. The examiner can normally be reached Monday-Friday 7:30-6. 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, Scott A Browne can be reached at 5712700151. 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. /NAZIA AFRIN/Examiner, Art Unit 3666 /SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666
Read full office action

Prosecution Timeline

Aug 28, 2023
Application Filed
May 06, 2025
Non-Final Rejection mailed — §103, §112
Sep 05, 2025
Response Filed
Nov 05, 2025
Final Rejection mailed — §103, §112
Dec 30, 2025
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12606205
ACTUATOR SYSTEM, VEHICLE, MOTION MANAGER, AND DRIVER ASSISTANCE SYSTEM
3y 7m to grant Granted Apr 21, 2026
Patent 12600603
CRANE, CRANE CHARACTERISTIC CHANGE DETERMINATION DEVICE, AND CRANE CHARACTERISTIC CHANGE DETERMINATION SYSTEM
3y 0m to grant Granted Apr 14, 2026
Patent 12585271
ACTIVE GEOFENCING SYSTEM AND METHOD FOR SEAMLESS AIRCRAFT OPERATIONS IN ALLOWABLE AIRSPACE REGIONS
3y 9m to grant Granted Mar 24, 2026
Patent 12560927
NAVIGATION METHOD AND ROBOT THEREOF
2y 9m to grant Granted Feb 24, 2026
Study what changed to get past this examiner. Based on 4 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

2-3
Expected OA Rounds
53%
Grant Probability
87%
With Interview (+33.9%)
2y 11m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 15 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month