Prosecution Insights
Last updated: April 19, 2026
Application No. 18/676,952

APPARATUS AND METHOD FOR PREVENTING BRAKE RESPONSE DELAY

Final Rejection §102
Filed
May 29, 2024
Examiner
PICON-FELICIANO, RUBEN
Art Unit
3747
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Kia Corporation
OA Round
2 (Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
82%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
483 granted / 708 resolved
-1.8% vs TC avg
Moderate +13% lift
Without
With
+13.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
61 currently pending
Career history
769
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
46.3%
+6.3% vs TC avg
§102
37.2%
-2.8% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 708 resolved cases

Office Action

§102
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 . 2. This Office Action is sent in response to Applicant's Communication received on November 14, 2025. Response to Arguments Applicant's arguments filed November 14, 2025, with respect to claims 1-20 rejections under 35 U.S.C. 102(a)(1) as being anticipated by (PARK – US 2022/0001859 A1) have been fully considered but they are not persuasive as explained below. Applicant respectfully asserts that the cited prior art fails to meet the limitations “…determining whether a host vehicle is located within a risk section with reference to position information, by a risk section determination device…”. The Examiner respectfully submits that PARK discloses determining whether a host vehicle (host vehicle 100: Fig. 2 and [0045-0051]) is located within a risk section (expected collision area: [0015, 0024, 0051-0077, 0081-0083]) with reference to position information ([0060-0075]: “Next, the location of the collision end 510 of the collision area 501 may be determined (S104); because the location of the collision end 501 is behind PA0, that is, because there is a possibility of the collision between the surrounding vehicle 500 and the rear portion of the host vehicle 100 when the host vehicle 100 drives at the constant speed V0 and then reaches PA0, the host vehicle 100 may avoid the collision with the surrounding vehicle 500 by driving at the increased speed (S106)”), by a risk section determination device (collision calculation device 133 may determine that the collision area of the surrounding vehicle invading the safety area 101 of the host vehicle 100 is a collision: Fig. 1 and [0051]). More specifically, PARK discloses an expected collision area located behind the constant speed location on the selected avoidance route, and may control the host vehicle to drive by decelerating to a speed for reaching the deceleration location, to avoid the collision between the surrounding vehicle and the host vehicle when the collision with the surrounding vehicle is expected while the host vehicle is driving on the lane at the constant speed, and when an expected collision area is formed ahead of the constant speed location on the selected avoidance route ([0015]). The Present Application is concerned with “preventing a brake response delay of a vehicle” and PARK disclosure is directed to avoid said response delay too. Disposition of Claims Claims 1-20 are pending in this application. Claims 1-20 are rejected. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (PARK – US 2022/0001859 A1). Regarding claim 1, PARK discloses: An apparatus for preventing a brake response delay of a vehicle, the apparatus comprising: at least one processor (Computer with computer-readable medium: [0105]); and a non-transitory memory (computer-readable medium: [0105]) storing computer-executable instructions executable by the at least one processor to carry out the operations comprising: determining whether a host vehicle (host vehicle 100: Fig. 2 and [0045-0051]) is located within a risk section (expected collision area: [0015, 0024, 0051-0077, 0081-0083]) with reference to position information ([0060-0075]: “Next, the location of the collision end 510 of the collision area 501 may be determined (S104); because the location of the collision end 501 is behind PA0, that is, because there is a possibility of the collision between the surrounding vehicle 500 and the rear portion of the host vehicle 100 when the host vehicle 100 drives at the constant speed V0 and then reaches PA0, the host vehicle 100 may avoid the collision with the surrounding vehicle 500 by driving at the increased speed (S106)”), by a risk section determination device (collision calculation device 133 may determine that the collision area of the surrounding vehicle invading the safety area 101 of the host vehicle 100 is a collision: Fig. 1 and [0051]); and outputting first required acceleration with reference to a current speed of the host vehicle (host vehicle 100: Fig. 2 and [0045-0051]) and a setting speed range (Figs. 2-6 and [0048]: “an arrival location according to the speed may be designated at regular intervals in the traveling direction of the host vehicle 100 on each avoidance route. For example, in the case of the center line (A), a location capable of being reached upon driving at a constant speed V0 for ‘t’ seconds at the current location of the host vehicle 100 may be designated as PA0; a location capable of being reached upon driving for ‘t’ seconds at a speed V4, which has accelerated by 5% from the constant speed V0, may be designated as PA4; a location capable of being reached upon driving for ‘t’ seconds at a speed V5, which has accelerated by 10% from the constant speed V0, may be designated as PA5; a location capable of being reached upon driving for ‘t’ seconds at a speed V3, which has decelerated by 5% from the constant speed V0, may be designated as PA3; a location capable of being reached upon driving for ‘t’ seconds at a speed V2, which has decelerated by 10% from the constant speed V0, may be designated as PA2; a location capable of being reached upon driving for ‘t’ seconds at a speed V1, which has decelerated by 15% from the constant speed V0, may be designated as PA1”), based on determination that the host vehicle (host vehicle 100: Fig. 2 and [0045-0051]) is located within the risk section (expected collision area: [0015, 0024, 0051-0077, 0081-0083]), by an acceleration output device, and outputting second required acceleration corresponding to a deceleration trigger signal, based on obtainment of the deceleration trigger signal, by the acceleration output device ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Examiner Notes: The Examiner is interpreting the required limitation “…risk section…” as “expected collision area” in PARK above. The above interpretation by the Examiner is consistent with Present Application Written Specification in at least Paragraphs [0010, 0116]: “Another aspect of the present disclosure provides an apparatus and a method for reducing a possibility of a rear-end collision capable of occurring due to a zone with a high risk of accident occurrence or a sensor blind spot”. Regarding claim 11, PARK discloses: A method, comprising: determining, by a risk section determination device (collision calculation device 133 may determine that the collision area of the surrounding vehicle invading the safety area 101 of the host vehicle 100 is a collision: Fig. 1 and [0051]), whether a host vehicle is located within a risk section (expected collision area: [0015, 0024, 0051-0077, 0081-0083]) with reference to position information ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]); outputting, by an acceleration output device, first required acceleration with reference to a current speed of the host vehicle and a setting speed range, based on determination that the host vehicle is located within the risk section ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]); and outputting, by the acceleration output device, second required acceleration corresponding to a deceleration trigger signal, based on obtainment of the deceleration trigger signal ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 2, PARK disclose the apparatus according to claim 1, and further on PARK also discloses: wherein the operations further comprise: outputting a 1_1st required acceleration for performing deceleration of the host vehicle, via the acceleration output device, based on the current speed of the host vehicle being within the setting speed range ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 3, PARK disclose the apparatus according to claim 2, and further on PARK also discloses: wherein the operations further comprise: performing any one of a process of outputting 2_1st required acceleration corresponding to first deceleration trigger signal corresponding to a first driving situation, based on obtainment of the first deceleration trigger signal, or a process of outputting 2_2nd required acceleration corresponding to a second deceleration trigger signal corresponding to a second driving situation, based on obtainment of the second deceleration trigger signal, by the acceleration output device ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 4, PARK disclose the apparatus according to claim 3, and further on PARK also discloses: wherein a 2_1st slope, which is an amount of change per unit time of the 2_1st required acceleration, is smaller in magnitude than a 2_2nd slope, which is an amount of change per unit time of the 2_2nd required acceleration ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 5, PARK disclose the apparatus according to claim 2, and further on PARK also discloses: wherein the 1_1st required acceleration is “0” (Zero Acceleration is interpreted as constant velocity) ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 6, PARK disclose the apparatus according to claim 1, and further on PARK also discloses: wherein the operations further comprise: outputting 1_2nd required acceleration for performing acceleration of the host vehicle, via the acceleration output device, based on the current speed of the host vehicle being less than a lower limit setting speed in the setting speed range ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 7, PARK disclose the apparatus according to claim 6, and further on PARK also discloses: wherein the operations further comprise: performing any one of a process of outputting 2_3rd required acceleration corresponding to third deceleration trigger signal corresponding to a third driving situation, based on obtainment of the third deceleration trigger signal, or a process of outputting 2_4th required acceleration corresponding to a fourth deceleration trigger signal corresponding to a fourth driving situation, based on obtaining of the fourth deceleration trigger signal, by the acceleration output device ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 8, PARK disclose the apparatus according to claim 6, and further on PARK also discloses: wherein the 1_2nd required acceleration is less than a threshold acceleration and a magnitude of a 1_2nd slope, which is an amount of change per unit time of the 1_2nd required acceleration, is less than a threshold slope value ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 9, PARK disclose the apparatus according to claim 8, and further on PARK also discloses: wherein the threshold slope value is set based on the current speed of the host vehicle ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 10, PARK disclose the apparatus according to claim 1, and further on PARK also discloses: wherein the operations further comprise: outputting a third required acceleration for allowing the current speed of the host vehicle to meet the setting speed range, via an acceleration output device, based on determination that the host vehicle is located out of the risk section ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 12, PARK disclose the method according to claim 11, and further on PARK also discloses: wherein the outputting of the first required acceleration comprises: outputting, by the acceleration output device, 1_1st required acceleration for performing deceleration of the host vehicle, based on the current speed of the host vehicle being within the setting speed range ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 13, PARK disclose the method according to claim 12, and further on PARK also discloses: wherein the outputting of the second required acceleration comprises: performing any one of a process of outputting 2_1st required acceleration corresponding to first deceleration trigger signal corresponding to a first driving situation, based on obtainment of the first deceleration trigger signal, or a process of outputting 2_2nd required acceleration corresponding to a second deceleration trigger signal corresponding to a second driving situation, based on obtainment of the second deceleration trigger signal ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 14, PARK disclose the method according to claim 13, and further on PARK also discloses: wherein a 2_1st slope, which is an amount of change per unit time of the 2_1st required acceleration, is smaller in magnitude than a 2_2nd slope, which is an amount of change per unit time of the 2_2nd required acceleration ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 15, PARK disclose the method according to claim 12, and further on PARK also discloses: wherein the 1_1st required acceleration is “0” ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 16, PARK disclose the method according to claim 11, and further on PARK also discloses: wherein the outputting of the first required acceleration comprises: outputting, by the acceleration output device, 1_2nd required acceleration for performing acceleration of the host vehicle, based on the current speed of the host vehicle being less than a lower limit setting speed in the setting speed range ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 17, PARK disclose the method according to claim 16, and further on PARK also discloses: wherein the outputting of the second required acceleration comprises: performing, by the acceleration output device, any one of a process of outputting 2_3rd required acceleration corresponding to third deceleration trigger signal corresponding to a third driving situation, based on obtainment of the third deceleration trigger signal ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]), or a process of outputting 2_4th required acceleration corresponding to a fourth deceleration trigger signal corresponding to a fourth driving situation, based on obtainment of the fourth deceleration trigger signal ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 18, PARK disclose the method according to claim 16, and further on PARK also discloses: wherein the 1_2nd required acceleration is less than a threshold acceleration and a magnitude of a 1_2nd slope, which is an amount of change per unit time of the 1_2nd required acceleration, is less than a threshold slope value ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 19, PARK disclose the method according to claim 18, and further on PARK also discloses: wherein the threshold slope value is set based on the current speed of the host vehicle ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). Regarding claim 20, PARK disclose the method according to claim 11, and further on PARK also discloses: outputting, by the acceleration output device, a third required acceleration for allowing the current speed of the host vehicle to meet the setting speed range, based on the determination that the host vehicle is located out of the risk section, after outputting the second required acceleration ([0048, 0059, 0063, 0069, 0075, 0078-0079, 0086-0087, 0094, 0097, 0098]). 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 Ruben Picon-Feliciano whose telephone number is (571)-272-4938. The examiner can normally be reached on Monday-Thursday within 11:30 am-7:30 pm ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lindsay M. Low can be reached on (571)272-1196. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RUBEN PICON-FELICIANO/Examiner, Art Unit 3747 /GRANT MOUBRY/Primary Examiner, Art Unit 3747
Read full office action

Prosecution Timeline

May 29, 2024
Application Filed
Aug 09, 2025
Non-Final Rejection — §102
Nov 14, 2025
Response Filed
Feb 19, 2026
Final Rejection — §102 (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
68%
Grant Probability
82%
With Interview (+13.3%)
3y 1m
Median Time to Grant
Moderate
PTA Risk
Based on 708 resolved cases by this examiner. Grant probability derived from career allow rate.

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