Prosecution Insights
Last updated: May 29, 2026
Application No. 18/442,582

VEHICLE WITH PERFORMANCE EVALUATION OF AUTONOMOUS DRIVING DEVICE

Final Rejection §112
Filed
Feb 15, 2024
Priority
Feb 28, 2023 — JP 2023-029950
Examiner
GILBERTSON, SHAYNE M
Art Unit
3665
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
7m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
129 granted / 172 resolved
+23.0% vs TC avg
Moderate +11% lift
Without
With
+11.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
15 currently pending
Career history
194
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
82.3%
+42.3% vs TC avg
§102
6.2%
-33.8% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 172 resolved cases

Office Action

§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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 08/07/2025 and 11/13/2025 have been considered by the examiner. Response to Amendment The amendment filed on 10/20/2025 is being entered. Claims 1 and 3-4 are pending. Claim 2 is cancelled. The amendment overcomes the objection to the drawings, objection to the claims, the double patenting rejection, and 35 U.S.C. 103 rejection of claim 1. However, after further consideration, the amendment does not overcome the 35 U.S.C. 112(a) rejection and 35 U.S.C. 112(b) rejection. Therefore, responsive to this amendment, this rejection has been made final. Specification The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “external device” in the independent claims needs to be corrected to “autonomous driving kit”. Claim Interpretation The claim limitation “external device”, based on the specification, is the “the autonomous driving kit”. Therefore, the “external device” is being interpreted as the ”autonomous driving kit” Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1 and 3-4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 references the “autonomous driving kit”. However, there is no corresponding structure/description recited for any of the aforementioned limitations. Therefore, the specification lacks the written description requirement for the “autonomous driving kit”. Claim 3 references the “autonomous driving kit”. However, there is no corresponding structure/description recited for any of the aforementioned limitations. Therefore, the specification lacks the written description requirement for the “autonomous driving kit”. Claim 4 references the “autonomous driving kit”. However, there is no corresponding structure/description recited for any of the aforementioned limitations. Therefore, the specification lacks the written description requirement for the “autonomous driving kit”. 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. Claims 1 and 3-4 are 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. Claims 1 and 3-4 recites the “autonomous driving kit”. It is unclear to the Examiner what an “autonomous driving kit” is. The written description fails to describe what an “autonomous driving kit” is. Therefore, the claim limitation is indefinite. Response to Arguments Applicants’ arguments appear to be directed solely to the amended subject matter, and are not persuasive, as noted supra in the rejections of that claimed subject matter. 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 Shayne M Gilbertson whose telephone number is (571)272-4862. The examiner can normally be reached Tuesday - Friday: 10:30 AM - 9:30 PM 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, Christian Chace can be reached at 571-272-4190. 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. /S.M.G./Examiner, Art Unit 3665 /CHRISTIAN CHACE/Supervisory Patent Examiner, Art Unit 3665
Read full office action

Prosecution Timeline

Feb 15, 2024
Application Filed
Jul 23, 2025
Non-Final Rejection mailed — §112
Oct 20, 2025
Response Filed
Dec 18, 2025
Final Rejection mailed — §112 (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
75%
Grant Probability
86%
With Interview (+11.1%)
2y 10m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 172 resolved cases by this examiner. Grant probability derived from career allowance rate.

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