Prosecution Insights
Last updated: October 02, 2026
Application No. 18/240,268

VEHICLE, METHOD AND SYSTEM FOR CONTROLLING THE SAME

Non-Final OA §103
Filed
Aug 30, 2023
Priority
Dec 19, 2022 — RE 10-2022-0178282
Examiner
KIM, TAE W
Art Unit
Tech Center
Assignee
Kia Corporation
OA Round
1 (Non-Final)
55%
Grant Probability
Moderate
1-2
OA Rounds
7m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
194 granted / 353 resolved
-5.0% vs TC avg
Strong +37% interview lift
Without
With
+37.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
15 currently pending
Career history
367
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
55.9%
+15.9% vs TC avg
§102
15.7%
-24.3% vs TC avg
§112
23.8%
-16.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 353 resolved cases

Office Action

§103
DETAILED ACTION 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) 1, 6, 7, 12, 13, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20210168602 A1) in view of DeLong (US 20220089119 A1). Re Claim 1: Kim discloses a vehicle (fig 1: 3), comprising: a wireless charger configured to operate in a charging mode for charging a mobile device or in a proximity communication mode for communicating with the mobile device (p23: The authentication controller may be a mountable wireless charging pad that charges electric power by receiving a wireless power signal from the mobile terminal, p73: As the mobile terminal 1 approaches the vehicle device 3, the authentication controller 300 recognizes the mobile terminal 1, receives a public key for encryption from the recognized mobile terminal 1...); and a controller communicatively connected to the wireless charger and configured to control the wireless charger (p72: The vehicle device 3 according to one embodiment may include an authentication controller 300 and further include a telematics controller 310.); wherein the controller is further configured to: identify a placement of the mobile device on the wireless charger (p 124: When the user puts the master terminal 1-1 on the authentication controller, the authentication controller displays a master terminal recognition screen...); determine, based on whether a predetermined activation condition is satisfied, whether a digital key registration mode is activated (p123: When the user selects digital key registration, in a digital key registration screen 1330 of the master terminal 1-1 is displayed a guide screen to request the user to put the master terminal 1-1 on an authentication controller inside the vehicle for registration of the digital key.); operate, in response that the digital key registration mode is activated, the wireless charger in the proximity communication mode (p73: the authentication controller 300 recognizes the mobile terminal 1, receives a public key for encryption from the recognized mobile terminal 1...); perform registration of a digital key using digital key data obtained from the mobile device (p124: The digital key registration procedure includes an operation of the management server 2 to acquire encrypted vehicle public key and terminal public key... and an operation of storing the terminal digital key in the master terminal 1-1 and storing the vehicle digital key in the vehicle device 3.). However, Kim does not disclose a display and a controller connected to and controls the display configured to control the display to provide information related to the digital key registration. DeLong however discloses a display and a controller connected to and controls the display configured to control the display to provide information related to the digital key registration (p35: can notify the user that the entered keycode has been accepted... This message can display for 20 seconds). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate DeLong’s teaching in the vehicle of Kim for the purpose of enhancing user convenience and situational awareness. Re Claim 6: Kim modified by DeLong discloses the vehicle of claim 1, wherein the controller is further configured to operate the wireless charger in the charging mode in response that the digital key registration mode is deactivated and the ignition of the vehicle is turned on (p23: wireless charging pad that charges electric power, examiner: It would be obvious that when the pad is not actively communicating for registration (mode deactivated) and the vehicle is powered on, the pad defaults to its primary function of charging the device.). Re Claim 7: Kim discloses a method of controlling a vehicle (fig 1: 3), the method comprising: identifying whether a mobile device is placed on a wireless charger; determining, by a controller, whether a digital key registration mode is activated based on whether a predetermined activation condition is satisfied (p123: When the user selects digital key registration, in a digital key registration screen 1330 of the master terminal 1-1 is displayed a guide screen to request the user to put the master terminal 1-1 on an authentication controller inside the vehicle for registration of the digital key.); operating the wireless charger in a proximity communication mode in response that the digital key registration mode is activated (p73: the authentication controller 300 recognizes the mobile terminal 1, receives a public key for encryption from the recognized mobile terminal 1...); performing, by the controller, registration of a digital key using digital key data obtained from the mobile device (p124: The digital key registration procedure includes an operation of the management server 2 to acquire encrypted vehicle public key and terminal public key... and an operation of storing the terminal digital key in the master terminal 1-1 and storing the vehicle digital key in the vehicle device 3.); and However, Kim does not disclose providing, by a display communicatively connected to the controller, information related to the digital key registration. DeLong however discloses providing, by a display communicatively connected to the controller, information related to the digital key registration (p35: can notify the user that the entered keycode has been accepted... This message can display for 20 seconds). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate DeLong’s teaching in the vehicle of Kim for the purpose of enhancing user convenience and situational awareness. Re Claim 12: Kim modified by DeLong discloses the method of claim 7, further including operating the wireless charger in a charging mode in response that the digital key registration mode is deactivated and the ignition of the vehicle is turned on (p23: wireless charging pad that charges electric power, examiner: It would be obvious that when the pad is not actively communicating for registration (mode deactivated) and the vehicle is powered on, the pad defaults to its primary function of charging the device.). Re Claim 13: Kim discloses a system, comprising: a mobile device; and a vehicle including a controller (p72: The vehicle device 3 according to one embodiment may include an authentication controller 300 and further include a telematics controller 310.), and a wireless charger (p23: The authentication controller may be a mountable wireless charging pad that charges electric power by receiving a wireless power signal from the mobile terminal, p73: As the mobile terminal 1 approaches the vehicle device 3, the authentication controller 300 recognizes the mobile terminal 1, receives a public key for encryption from the recognized mobile terminal 1...) wherein the controller of the vehicle is configured to: identify a placement of the mobile device on the wireless charger (p 124: When the user puts the master terminal 1-1 on the authentication controller, the authentication controller displays a master terminal recognition screen...); determine whether a digital key registration mode is activated based on whether a predetermined activation condition is satisfied (p123: When the user selects digital key registration, in a digital key registration screen 1330 of the master terminal 1-1 is displayed a guide screen to request the user to put the master terminal 1-1 on an authentication controller inside the vehicle for registration of the digital key.); operate the wireless charger in a proximity communication mode in response that the digital key registration mode is activated (p73: the authentication controller 300 recognizes the mobile terminal 1, receives a public key for encryption from the recognized mobile terminal 1...); perform registration of a digital key using digital key data obtained from the mobile device (p124: The digital key registration procedure includes an operation of the management server 2 to acquire encrypted vehicle public key and terminal public key... and an operation of storing the terminal digital key in the master terminal 1-1 and storing the vehicle digital key in the vehicle device 3.); and However, Kim does not disclose a display communicatively connected to the controller configured to control the display to provide information related to the digital key registration. DeLong however discloses a display communicatively connected to the controller configured to control the display to provide information related to the digital key registration (p35: can notify the user that the entered keycode has been accepted... This message can display for 20 seconds). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate DeLong’s teaching in the system of Kim for the purpose of enhancing user convenience and situational awareness. Re Claim 18: Kim modified by DeLong discloses the system of claim 13, wherein the controller of the vehicle is further configured to operate the wireless charger in a charging mode in response that the digital key registration mode is deactivated and an ignition of the vehicle is turned on (p23: wireless charging pad that charges electric power, examiner: It would be obvious that when the pad is not actively communicating for registration (mode deactivated) and the vehicle is powered on, the pad defaults to its primary function of charging the device.). Claim(s) 2, 8, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20210168602 A1) modified by DeLong (US 20220089119 A1) in view of GOLSCH (WO 2018071671 A2). Re Claims 2, 8, and 14: Kim modified by DeLong discloses the vehicle of claim 1, the method of claim 7, and the system of claim 13 respectively. However, Kim modified by DeLong does not disclose that the controller is further configured to: deactivate the digital key registration mode in response that the predetermined activation condition is not satisfied or the digital key data is not obtained from the mobile device; and re-determine whether the digital key registration mode is activated when the controller concludes that the mobile device is placed back after being disconnected from the wireless charger. GOLSCH however discloses that the controller is further configured to: deactivate the digital key registration mode in response that the predetermined activation condition is not satisfied or the digital key data is not obtained from the mobile device; and re-determine whether the digital key registration mode is activated when the controller concludes that the mobile device is placed back after being disconnected from the wireless charger (examiner: GOLSCH teaches transmitting a "Qi wireless charger ping request" to authenticate the portable device (p156). Under standard Qi wireless charging and NFC protocols disclosed in this reference, if the initial ping/handshake fails to obtain the required digital key data, the active communication mode is deactivated. The system then waits for the physical device to be disconnected (removed) and placed back on the pad to trigger a new hardware ping and re-determine activation.). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate GOLSCH’s teaching in the vehicle, method, and system of Kim modified by DeLong for the purpose of providing a reliable error-recovery mechanism and conserve vehicle power. Claim(s) 3, 9, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20210168602 A1) modified by DeLong (US 20220089119 A1) in view of PUDAR (US 20160217635 A1) and Soroko (US 20160012653 A1) Re Claims 3, 9, and 15: Kim modified by DeLong discloses the vehicle of claim 1, the method of claim 7, and the system of claim 13, further including: steps in response that an ignition of the vehicle is turned on (DeLong: p21: ignition status changed from run to off, examiner: in p21, DeLong explicitly teaches monitoring the vehicle's ignition status to activate or deactivate digital key search criteria). However, Kim modified by DeLong does not disclose that a smart key sensor configured to identify a smart key; wherein the controller is further configured to: the smart key is detected in the vehicle, and a preparation signal is received from the mobile device, conclude that the activation condition is satisfied; and activate the digital key registration mode. PUDAR however discloses that a smart key sensor configured to identify a smart key; wherein the controller is further configured to: the smart key is detected in the vehicle, and a preparation signal is received from the mobile device, conclude that the activation condition is satisfied; and activate the digital key registration mode, the smart key is detected in the vehicle, and a preparation signal is received from the mobile device, conclude that the activation condition is satisfied; and activate the digital key registration mode (p23-p24: examiner PUDAR discloses a Passive Entry Passive Start (PEPS) module that "provide[s] passive detection of the absence or presence of a physical key" inside the vehicle to authorize the pairing and use of a virtual/digital key.). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate PUDAR’s teaching in the vehicle, the method and system of Kim modified by DeLong for the purpose of maximizing security and ensuring operational safety during the provisioning of a new digital key by requiring physical presence of an authorized smart key. However, Kim modified by DeLong and PUDAR does not disclose steps in the vehicle while parked. Soroko however discloses disclose steps in the vehicle while parked (examiner: p11-p12: Soroko explicitly teaches that critical vehicle access and authentication programming (via the OBD or wireless modules) is restricted to when the vehicle is “parked”). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate Soroko’s teaching in the vehicle, the method and the system of Kim modified by DeLong and PUDAR for the purpose of maximizing security and ensuring operational safety during the provisioning of a new digital key by requiring vehicle to be parked. Claim(s) 4, 10, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20210168602 A1) modified by DeLong (US 20220089119 A1) PUDAR (US 20160217635 A1) and Soroko (US 20160012653 A1) in view of Ahmad (US 10343650 B1). Re Claims 4, 10, and 16: Kim modified by DeLong PUDAR and Soroko disclose the vehicle of claim 3, the method of claim 9 and the system of claim 15 respectively, wherein the controller is further configured to control the display. However, Kim modified by DeLong PUDAR and Soroko does not disclose providing a notification of a non-preparation state of the mobile device in response to a failure to receive the preparation signal from the mobile device. Ahmad however discloses providing a notification of a non-preparation state of the mobile device in response to a failure to receive the preparation signal from the mobile device (col 7 ll 11+: notification to the user 104 via the app on the smartphone 106 alerting to the error and an error message.). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate Ahmad’s teaching in the vehicle, the method, and the system of Kim modified by DeLong PUDAR and Soroko for the purpose of enabling routing digital key error states to a display interface. Claim(s) 5, 11, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20210168602 A1) modified by DeLong (US 20220089119 A1) in view of Ahmad (US 10343650 B1). Re Claims 5, 11, and 17: Kim modified by DeLong discloses the vehicle of claim 1, the method of claim 7, and the system of claim 13 respectively, wherein the controller is further configured to control the display. However, Kim modified by DeLong does not disclose providing a notification of an absence of the digital key data in response to a failure to obtain the digital key data from the mobile device. Ahmad however discloses providing a notification of an absence of the digital key data in response to a failure to obtain the digital key data from the mobile device (col 7 ll 11+: notification to the user 104 via the app on the smartphone 106 alerting to the error and an error message.). Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate Ahmad’s teaching in the vehicle, the method, and the system of Kim modified by DeLong for the purpose of enabling routing digital key error states to a display interface. Conclusion . Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAE W KIM whose telephone number is (571)272-5971. The examiner can normally be reached M-F 9:30AM-5:30PM. 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, Steven S Paik can be reached at 5712722404. 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. /TAE W KIM/ Examiner, Art Unit 2876 /STEVEN S PAIK/ Supervisory Patent Examiner, Art Unit 2876
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Prosecution Timeline

Aug 30, 2023
Application Filed
Aug 26, 2026
Non-Final Rejection mailed — §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

1-2
Expected OA Rounds
55%
Grant Probability
92%
With Interview (+37.1%)
3y 9m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 353 resolved cases by this examiner. Grant probability derived from career allowance rate.

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