Prosecution Insights
Last updated: April 19, 2026
Application No. 18/318,789

VEHICLE CONTROL DEVICE, VEHICLE, VEHICLE CONTROL METHOD, AND COMPUTER-READABLE STORAGE MEDIUM

Final Rejection §103
Filed
May 17, 2023
Examiner
SHAIKH, FARIS ASIM
Art Unit
3668
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
95%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
93 granted / 133 resolved
+17.9% vs TC avg
Strong +25% interview lift
Without
With
+24.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
29 currently pending
Career history
162
Total Applications
across all art units

Statute-Specific Performance

§101
20.2%
-19.8% vs TC avg
§103
56.6%
+16.6% vs TC avg
§102
8.2%
-31.8% vs TC avg
§112
11.5%
-28.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 133 resolved cases

Office Action

§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 . Status of Claims This Office Action is in response to the application filed on 08/18/2025. Claims 1-9 are presently pending and are presented for examination. Claims, 1, 2, 5, 6, 8, and 9 have been amended. Reply to Remarks Applicant’s arguments, see Page 4 of the Applicant's Remarks, filed 08/18/2025, with respect to the claim objection of claims 1, 2, 5, and 6 have been fully considered and are persuasive. Therefore, the objections have been withdrawn. Applicant’s arguments, see Page 4 of the Applicant's Remarks, filed 08/18/2025, with respect to the rejection(s) of claim 8 under §101 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. Applicant’s arguments, see Pages 4-5 of the Applicant's Remarks, filed 08/18/2025, with respect to the rejection(s) of claim(s) 1-9 under §102 have been fully considered and not persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Takiguchi, and Sugano. Claim Rejections - 35 USC § 103 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 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 1-9 are rejected under 35 U.S.C. § 103 as being unpatentable over Takiguchi, JP-2014004936-A, in view of Sugano et al., US-20090105953-A1, hereinafter referred to as Takiguchi, and Sugano. As per claim 1 Takiguchi discloses [a] vehicle control device comprising a processor configured to execute non-transitory program instructions stored in a memory, and send a reaction force instruction signal to a reaction force control section, the processor executing the program instructions to acquire a relative speed obtained by subtracting a speed of a preceding vehicle detected by a forward sensor from a speed of an own-vehicle detected by an own vehicle sensor (FIG. 1B is a reaction force application characteristic diagram showing the magnitude of the reaction force applied corresponding to the change in relative speed between the host vehicle and the preceding vehicle, on-vehicle radar 17, for example, an imaging sensor…image data of the surroundings of the vehicle taken by the on-vehicle camera 15 is sent to a moving object information acquisition unit 41, ECU 11 is configured by a microcomputer including a central processing unit (CPU), a read only memory (ROM), a random access memory (RAM), and the like. The microcomputer reads and executes the program stored in the ROM, and executes execution control related to various functions, moving body information acquisition unit 41…acquiring moving body information including relative speed ΔV between a car and a preceding vehicle, magnitude of the reaction force RF…relative velocity ΔV between the own vehicle and the preceding vehicle, the reaction force control unit 53 of the ECU 11 executes reaction force control of the accelerator pedal 13 applied by the reaction force actuator 27 based on the target reaction force set by the target reaction force setting unit 49 - Takiguchi Fig 1B + ¶28 & ¶32 & ¶44 & ¶51 & ¶68). Takiguchi does not specifically disclose in a case in which the acquired relative speed becomes less than a predetermined value, reduce a reaction force applied to an accelerator pedal of the own-vehicle by a reaction force application section over time. However, Sugano teaches in a case in which the acquired relative speed becomes less than a predetermined value, reduce a reaction force applied to an accelerator pedal of the own-vehicle by a reaction force application section over time (relative speed with respect to the preceding vehicle…accelerator pedal reaction force applied on the accelerator pedal is determined by target pedal reaction force determining device 53, In step S 301 , headway distance threshold (steady-state term) L*h1 is computed…In this example, it is set corresponding to relative speed Vr between the given vehicle speed VSP and the obstacle (preceding vehicle). reducing the reaction force to prevent an excessive accelerator pedal reaction force so that any uneasy feeling can be minimized, Final target accelerator pedal reaction force τ is determined in step S 800 and accelerator pedal reaction force controller 60 controls the reaction force generated in accelerator pedal 62. – Sugano Fig 4 (S300-S800) & 11 & 15 + ¶38 & ¶43 & ¶82 & ¶93 – Examiner reasons that as the relative speed data is used, such as in equations, 3, 12 and 13, to set the headway threshold distance that when crossed leads to a series of resulting calculations which themselves lead to the reduction of the reaction force overtime as seen in Figures 11 and 15). Takiguchi discloses a pedal reaction force control device that performs control to apply a reaction force to an operation of an accelerator pedal by a driver of a vehicle. Sugano teaches a vehicle headway keeping system that calculates target pedal reaction reduction force and reduces the reaction force. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Takiguchi, a pedal reaction force control device that performs control to apply a reaction force to an operation of an accelerator pedal by a driver of a vehicle, with a vehicle headway keeping system that calculates target pedal reaction reduction force and reduces the reaction force, as taught by Sugano, with a reasonable expectation of success to provide an improved support running of a given vehicle and to reduce the reaction force while suppressing any uneasy feeling caused by releasing the reaction force, see Sugano ¶4 & ¶80 for details. As per claim 2 Takiguchi further discloses wherein the processor executes the program instructions to [a reaction force is reduced] in a case in which the relative speed is less than the predetermined value, compared to a reaction force applied to the accelerator pedal of the own-vehicle in a case in which the relative speed is equal to or greater than the predetermined value (FIG. 1B is a reaction force application characteristic diagram showing the magnitude of the reaction force applied corresponding to the change in relative speed between the host vehicle and the preceding vehicle, magnitude of the reaction force RF…relative velocity ΔV between the own vehicle and the preceding vehicle, the reaction force control unit 53 of the ECU 11 executes reaction force control of the accelerator pedal 13 applied by the reaction force actuator 27 based on the target reaction force set by the target reaction force setting unit 49 - Takiguchi Fig 1B + ¶28 & ¶51 & ¶68 - Examiner reasons that when the relative velocity between the preceding and host vehicle is less than zero, the reaction force is smaller than the when the relative velocity is greater than zero). Takiguchi does not specifically disclose reduce a reaction force applied to the accelerator pedal of the own-vehicle. However, Sugano teaches reduce a reaction force applied to the accelerator pedal of the own-vehicle (relative speed with respect to the preceding vehicle…accelerator pedal reaction force applied on the accelerator pedal is determined by target pedal reaction force determining device 53, In step S 301 , headway distance threshold (steady-state term) L*h1 is computed…In this example, it is set corresponding to relative speed Vr between the given vehicle speed VSP and the obstacle (preceding vehicle). reducing the reaction force to prevent an excessive accelerator pedal reaction force so that any uneasy feeling can be minimized, Final target accelerator pedal reaction force τ is determined in step S 800 and accelerator pedal reaction force controller 60 controls the reaction force generated in accelerator pedal 62. – Sugano Figs 4 (S300-S800) & 11 & 15 + ¶38 & ¶43 & ¶82 & ¶93 – Examiner reasons that as the relative speed data is used, such as in equations, 3, 12 and 13, to set the headway threshold distance that when crossed leads to a series of resulting calculations which themselves lead to the reduction of reaction force overtime as seen in Figures 11 and 15). Takiguchi discloses a pedal reaction force control device that performs control to apply a reaction force to an operation of an accelerator pedal by a driver of a vehicle. Sugano teaches a vehicle headway keeping system that calculates target pedal reaction reduction force and reduces the reaction force. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Takiguchi, a pedal reaction force control device that performs control to apply a reaction force to an operation of an accelerator pedal by a driver of a vehicle, with a vehicle headway keeping system that calculates target pedal reaction reduction force and reduces the reaction force, as taught by Sugano, with a reasonable expectation of success to provide an improved support running of a given vehicle and to reduce the reaction force while suppressing any uneasy feeling caused by releasing the reaction force, see Sugano ¶4 & ¶80 for details. As per claim 3 Takiguchi further discloses wherein the predetermined value is a value at which the relative speed is greater than 0 (FIG. 1B is a reaction force application characteristic diagram showing the magnitude of the reaction force applied corresponding to the change in relative speed between the host vehicle and the preceding vehicle - Takiguchi Fig 1B + ¶28). As per claim 4 Takiguchi further discloses wherein the predetermined value is a value at which the relative speed is greater than 0 (FIG. 1B is a reaction force application characteristic diagram showing the magnitude of the reaction force applied corresponding to the change in relative speed between the host vehicle and the preceding vehicle - Takiguchi Fig 1B + ¶28). As per claim 5 Takiguchi further discloses wherein the processor executes the program instructions to determine a limit value of the reaction force applied to the accelerator pedal of the own-vehicle based on the relative speed (FIG. 1B is a reaction force application characteristic diagram showing the magnitude of the reaction force applied corresponding to the change in relative speed between the host vehicle and the preceding vehicle, magnitude of the reaction force RF…relative velocity ΔV between the own vehicle and the preceding vehicle, the reaction force control unit 53 of the ECU 11 executes reaction force control of the accelerator pedal 13 applied by the reaction force actuator 27 based on the target reaction force set by the target reaction force setting unit 49 - Takiguchi Fig 1B + ¶28 & ¶51 & ¶68). As per claim 6 Takiguchi further discloses wherein the processor executes the instructions to determine the limit value of the reaction force, [the reaction force decreases] as the relative speed decreases (FIG. 1B is a reaction force application characteristic diagram showing the magnitude of the reaction force applied corresponding to the change in relative speed between the host vehicle and the preceding vehicle, magnitude of the reaction force RF…relative velocity ΔV between the own vehicle and the preceding vehicle, the reaction force control unit 53 of the ECU 11 executes reaction force control of the accelerator pedal 13 applied by the reaction force actuator 27 based on the target reaction force set by the target reaction force setting unit 49 - Takiguchi Fig 1B + ¶28 & ¶51 & ¶68). Takiguchi does not specifically disclose so as to reduce the reaction force applied to the accelerator pedal of the own-vehicle. However, Sugano teaches so as to reduce the reaction force applied to the accelerator pedal of the own-vehicle (relative speed with respect to the preceding vehicle…accelerator pedal reaction force applied on the accelerator pedal is determined by target pedal reaction force determining device 53, In step S 301 , headway distance threshold (steady-state term) L*h1 is computed…In this example, it is set corresponding to relative speed Vr between the given vehicle speed VSP and the obstacle (preceding vehicle). reducing the reaction force to prevent an excessive accelerator pedal reaction force so that any uneasy feeling can be minimized, Final target accelerator pedal reaction force τ is determined in step S 800 and accelerator pedal reaction force controller 60 controls the reaction force generated in accelerator pedal 62. – Sugano Figs 4 (S300-S800) & 11 & 15 + ¶38 & ¶43 & ¶82 & ¶93 – Examiner reasons that as the relative speed data is used, such as in equations, 3, 12 and 13, to set the headway threshold distance that when crossed leads to a series of resulting calculations which themselves lead to the reduction of reaction force overtime as seen in Figures 11 and 15). Takiguchi discloses a pedal reaction force control device that performs control to apply a reaction force to an operation of an accelerator pedal by a driver of a vehicle. Sugano teaches a vehicle headway keeping system that calculates target pedal reaction reduction force and reduces the reaction force. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Takiguchi, a pedal reaction force control device that performs control to apply a reaction force to an operation of an accelerator pedal by a driver of a vehicle, with a vehicle headway keeping system that calculates target pedal reaction reduction force and reduces the reaction force, as taught by Sugano, with a reasonable expectation of success to provide an improved support running of a given vehicle and to reduce the reaction force while suppressing any uneasy feeling caused by releasing the reaction force, see Sugano ¶4 & ¶80 for details. As per claim 7 Takiguchi further discloses [a] vehicle comprising: the reaction force application section; and the vehicle control device (the reaction force control unit 53 of the ECU 11 executes reaction force control of the accelerator pedal 13 applied by the reaction force actuator 27 based on the target reaction force set by the target reaction force setting unit 49 - Takiguchi Fig 3A (11) + ¶68). As per claim 8 Takiguchi discloses [a] vehicle control method for performing processing by a computer, the computer comprising a processor configured to execute non-transitory program instructions stored in a memory to perform, acquiring a relative speed obtained by subtracting a speed of a preceding vehicle detected by a forward sensor from a speed of an own-vehicle detected by an own-vehicle sensor (FIG. 1B is a reaction force application characteristic diagram showing the magnitude of the reaction force applied corresponding to the change in relative speed between the host vehicle and the preceding vehicle, on-vehicle radar 17, for example, an imaging sensor…image data of the surroundings of the vehicle taken by the on-vehicle camera 15 is sent to a moving object information acquisition unit 41, ECU 11 is configured by a microcomputer including a central processing unit (CPU), a read only memory (ROM), a random access memory (RAM), and the like. The microcomputer reads and executes the program stored in the ROM, and executes execution control related to various functions, moving body information acquisition unit 41…acquiring moving body information including relative speed ΔV between a car and a preceding vehicle, magnitude of the reaction force RF…relative velocity ΔV between the own vehicle and the preceding vehicle, the reaction force control unit 53 of the ECU 11 executes reaction force control of the accelerator pedal 13 applied by the reaction force actuator 27 based on the target reaction force set by the target reaction force setting unit 49 - Takiguchi Fig 1B + ¶28 & ¶32 & ¶44 & ¶51 & ¶68). Takiguchi does not specifically disclose in a case in which the acquired relative speed becomes less than a predetermined value, controlling a reaction force applied to an accelerator pedal of the own-vehicle by a reaction force application section to reduce the reaction force applied by the reaction force application section over time. However, Sugano teaches in a case in which the acquired relative speed becomes less than a predetermined value, controlling a reaction force applied to an accelerator pedal of the own-vehicle by a reaction force application section to reduce the reaction force applied by the reaction force application section over time (relative speed with respect to the preceding vehicle…accelerator pedal reaction force applied on the accelerator pedal is determined by target pedal reaction force determining device 53, In step S 301 , headway distance threshold (steady-state term) L*h1 is computed…In this example, it is set corresponding to relative speed Vr between the given vehicle speed VSP and the obstacle (preceding vehicle). reducing the reaction force to prevent an excessive accelerator pedal reaction force so that any uneasy feeling can be minimized, Final target accelerator pedal reaction force τ is determined in step S 800 and accelerator pedal reaction force controller 60 controls the reaction force generated in accelerator pedal 62. – Sugano Fig 4 (S300-S800) & 11 & 15 + ¶38 & ¶43 & ¶82 & ¶93 – Examiner reasons that as the relative speed data is used, such as in equations, 3, 12 and 13, to set the headway threshold distance that when crossed leads to a series of resulting calculations which themselves lead to the reduction of the reaction force overtime as seen in Figures 11 and 15). Takiguchi discloses a pedal reaction force control device that performs control to apply a reaction force to an operation of an accelerator pedal by a driver of a vehicle. Sugano teaches a vehicle headway keeping system that calculates target pedal reaction reduction force and reduces the reaction force. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Takiguchi, a pedal reaction force control device that performs control to apply a reaction force to an operation of an accelerator pedal by a driver of a vehicle, with a vehicle headway keeping system that calculates target pedal reaction reduction force and reduces the reaction force, as taught by Sugano, with a reasonable expectation of success to provide an improved support running of a given vehicle and to reduce the reaction force while suppressing any uneasy feeling caused by releasing the reaction force, see Sugano ¶4 & ¶80 for details. As per claim 9 Takiguchi discloses [a] non-transitory computer-readable storage medium storing a vehicle control program executable by a computer to perform processing, the processing comprising: acquiring a relative speed obtained by subtracting a speed of a preceding vehicle from a speed of an own-vehicle (FIG. 1B is a reaction force application characteristic diagram showing the magnitude of the reaction force applied corresponding to the change in relative speed between the host vehicle and the preceding vehicle, on-vehicle radar 17, for example, an imaging sensor…image data of the surroundings of the vehicle taken by the on-vehicle camera 15 is sent to a moving object information acquisition unit 41, ECU 11 is configured by a microcomputer including a central processing unit (CPU), a read only memory (ROM), a random access memory (RAM), and the like. The microcomputer reads and executes the program stored in the ROM, and executes execution control related to various functions, moving body information acquisition unit 41…acquiring moving body information including relative speed ΔV between a car and a preceding vehicle, magnitude of the reaction force RF…relative velocity ΔV between the own vehicle and the preceding vehicle, the reaction force control unit 53 of the ECU 11 executes reaction force control of the accelerator pedal 13 applied by the reaction force actuator 27 based on the target reaction force set by the target reaction force setting unit 49 - Takiguchi Fig 1B + ¶28 & ¶32 & ¶44 & ¶51 & ¶68). Takiguchi does not specifically disclose in a case in which the acquired relative speed becomes less than a predetermined value, reducing a reaction force applied to an accelerator pedal of the own-vehicle by a reaction force application section over time. However, Sugano teaches in a case in which the acquired relative speed becomes less than a predetermined value, reducing a reaction force applied to an accelerator pedal of the own-vehicle by a reaction force application section over time (relative speed with respect to the preceding vehicle…accelerator pedal reaction force applied on the accelerator pedal is determined by target pedal reaction force determining device 53, In step S 301 , headway distance threshold (steady-state term) L*h1 is computed…In this example, it is set corresponding to relative speed Vr between the given vehicle speed VSP and the obstacle (preceding vehicle). reducing the reaction force to prevent an excessive accelerator pedal reaction force so that any uneasy feeling can be minimized, Final target accelerator pedal reaction force τ is determined in step S 800 and accelerator pedal reaction force controller 60 controls the reaction force generated in accelerator pedal 62. – Sugano Fig 4 (S300-S800) & 11 & 15 + ¶38 & ¶43 & ¶82 & ¶93 – Examiner reasons that as the relative speed data is used, such as in equations, 3, 12 and 13, to set the headway threshold distance that when crossed leads to a series of resulting calculations which themselves lead to the reduction of the reaction force overtime as seen in Figures 11 and 15). Takiguchi discloses a pedal reaction force control device that performs control to apply a reaction force to an operation of an accelerator pedal by a driver of a vehicle. Sugano teaches a vehicle headway keeping system that calculates target pedal reaction reduction force and reduces the reaction force. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Takiguchi, a pedal reaction force control device that performs control to apply a reaction force to an operation of an accelerator pedal by a driver of a vehicle, with a vehicle headway keeping system that calculates target pedal reaction reduction force and reduces the reaction force, as taught by Sugano, with a reasonable expectation of success to provide an improved support running of a given vehicle and to reduce the reaction force while suppressing any uneasy feeling caused by releasing the reaction force, see Sugano ¶4 & ¶80 for details. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 FARIS ASIM SHAIKH whose telephone number is (571)272-6426. The examiner can normally be reached 8:00-5:30 M-F EST. 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, Fadey S. Jabr can be reached on 571-272-1516. 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. /F.A.S./Examiner, Art Unit 3668 /Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
Read full office action

Prosecution Timeline

May 17, 2023
Application Filed
May 21, 2025
Non-Final Rejection — §103
Aug 18, 2025
Response Filed
Oct 09, 2025
Final Rejection — §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

3-4
Expected OA Rounds
70%
Grant Probability
95%
With Interview (+24.9%)
3y 1m
Median Time to Grant
Moderate
PTA Risk
Based on 133 resolved cases by this examiner. Grant probability derived from career allow rate.

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