Prosecution Insights
Last updated: October 02, 2026
Application No. 18/688,838

Test Bench for Safeguarding Driver Assistance Functions of an Automated Motor Vehicle, Method for Controlling Such a Test Bench, and a Control Device for Such a Test Bench

Non-Final OA §102§103
Filed
Mar 04, 2024
Priority
Oct 12, 2021 — DE 10 2021 126 342.5 +1 more
Examiner
ISLAM, MOHAMMAD K
Art Unit
Tech Center
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
2 (Non-Final)
83%
Grant Probability
Favorable
2-3
OA Rounds
1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
1103 granted / 1330 resolved
+22.9% vs TC avg
Strong +17% interview lift
Without
With
+17.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
71 currently pending
Career history
1397
Total Applications
across all art units

Statute-Specific Performance

§101
22.0%
-18.0% vs TC avg
§103
35.2%
-4.8% vs TC avg
§102
24.6%
-15.4% vs TC avg
§112
13.2%
-26.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1330 resolved cases

Office Action

§102 §103
CTNF 18/688,838 CTNF 91753 DETAILED ACTION Non-Final Rejection Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 11-13, 16-17 and 19-20 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Olynick et al. (US 20170210243) . Regarding Claim 11 and 19-20 . Olynick teaches a test bench for safeguarding driver assistance functions of an automated motor vehicle(hover), comprising (abstract, [0006]- [0007]; fig. 9A-9B; [0274]): a support platform (254: fig.9A) for a target (271: fig. 2) ; a magnetic track surface for the support platform (266: fig. 9A) ; and a control device connected to the magnetic track surface and configured to (control commands from a separate processor, which is part of the control system: [0108]-[0111]) : output a magnetic track surface control signal to the magnetic track surface ([0092]-[0094]; fig. 4A-4C; [0358]) ; and using the magnetic track surface control signal, adjust: a position of the support platform relative to the magnetic track surface, and/or a distance between the support platform and the magnetic track surface, by changing magnetic forces generated by the magnetic track surface (106: fig. 4B; the control system can include a table of the three-dimensional aerodynamic forces, such as drag, side and/or lift/downward forces, as a function of one or more of the velocities, control the orientation of the vehicle relative to the track and its height above the surface of the track: [0096], [0110], [0358], [0437]). Regarding Claim 12 . Olynick further teaches the adjustment of the distance between the support platform and the magnetic track surface comprises: raising the support platform in order to levitate the support platform from the magnetic track surface, and/or lowering the support platform in order to lower the support platform from the levitated state onto the magnetic track surface (tilted position 270, the drag force 268 b is increased on one side of the magnet carrier 254 and the drag force 268 a is reduced on the opposite side of the magnet carrier 254 as shown in FIG. 8B: fig. 8A-C, [0115]-[0116]; levitation: fig. 28; [0331]-[0332]). Regarding Claim 13 . Olynick further teaches the adjustment of the position of the levitated support platform comprises: translationally and/or rotationally moving the support platform (fig. 8A-C, [0115]-[0118]; levitation: fig. 28; [0331]-[0332]). Regarding Claim 16 . Olynick further teaches a position sensor arrangement connected to the control device, the position sensor arrangement arranged and configured to: detect a current position of the support platform (fig. 8B-C; 9B) as an actual position (fig.8A, 9A) and to output the current position to the control device([0109]-[0111], [0115]-[0118], [0280]-[0281]; accelerometer/gyros:[0164] ). Regarding Claim 17 . Olynick further teaches the control device is further configured to: generate the magnetic track surface control signal based on a comparison of the actual position received from the position sensor arrangement and a target position received from an external control device (if the control system detects the magnetically lifted device is an unstable position as a result of a user input, the control system can control one or more magnet carriers to prevent this event from happening. A magnetic lifting device, such as hoverboard, can include one or more on-board sensors used to make these corrections:[0109]-[0110]; accelerometer/gyros:[0164]) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 14-15 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olynick in views of Schulz(US 20070018511) and Kraegeloh et al. (US 2011/0272884) . Regarding claim 14 . Olynick silent about an air nozzle arrangement arranged and configured to generate an air cushion between the levitated support platform and the magnetic track surface. However, Schulz teaches configured to generate an air cushion (9: fig.1b) between the levitated support platform (8: fig.1b) and the magnetic track surface(3: fig.1b)(air cushion elements(air bearing):[0018],[0021], [0039]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the invention of Olynick, an air nozzle arrangement arranged and configured to generate an air cushion between the levitated support platform and the magnetic track surface, as taught by Schulz, so as to load on the guide frame is reduced without altering the high tilt security of the base carriage and the high stability of the overall system. Modified Olynick silent about an air nozzle arrangement arranged. However, Kraegeloh teaches an air nozzle arrangement arranged with air cushion ([0017]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the modified invention of Olynick, an air nozzle arrangement arranged with air cushion, as taught by Kraegeloh, so as to effectively design of the object enables place on the air cushion surface of the board. Regarding claim 15 . Kraegeloh further teaches the control device is connected to the air nozzle arrangement and is configured to: output an air nozzle arrangement control signal to the air nozzle arrangement, and control the air cushion using the air nozzle arrangement control signal(abstract; [0017]-[0018], [0021];controller 18: fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the modified invention of Olynick, the control device is connected to the air nozzle arrangement and is configured to: output an air nozzle arrangement control signal to the air nozzle arrangement, and control the air cushion using the air nozzle arrangement control signal, as further taught by Kraegeloh, so as to the design of the object enables place on the air cushion surface of the board. Regarding claim 18 . Olynick silent about the control device is further configured to: generate an air nozzle arrangement control signal based on a comparison of the actual position received from the position sensor arrangement and a target position received from an external control device. Kraegeloh further teaches the control device is further configured to: generate an air nozzle arrangement control signal based on a comparison of the actual position received from the position sensor arrangement and a target position received from an external control device([0017]-[0018], [0021], [0027];controller 18: fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the modified invention of Olynick, the control device is further configured to: generate an air nozzle arrangement control signal based on a comparison of the actual position received from the position sensor arrangement and a target position received from an external control device, as further taught by Kraegeloh, so as to the design of the object enables place on the air cushion surface of the board . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. a) US 20080063496 : an array of nozzles. The exhaust AB1-AB4 from the array nozzle may combine to provide a directable resultant exhaust. By way of example, each nozzle of the array may have an exhaust angled relative to other nozzle exhaust. The exhaust flow from one or more of the nozzles may be fixed or variable. When air nozzles of the array are operating at full flow, the resultant exhaust has a first desired direct (e.g. substantially vertical). Stopping or reducing the flow through one or more of the nozzles of the array causes a change in the resultant exhaust direction, resulting in a directional component in the loading plane. In alternate embodiments, the air bearing nozzle may be movable (e.g. air bearing nozzle mounted b) US 20080053794 : n air bearing generator 1810. In these embodiments, the air bearing generator 1810 may be configured to generate an air bearing 1890 by generating an upward air stream 1820. The upward air stream 1820 forms the air bearing 1890 by providing physical support to the article when the article travels above the air bearing 1890 along the conveyance path. The air bearing generator 1810 may be configured to emit one or more air streams 1820 emanating from one or more holes in a tube or support member. A velocity and quantity of air within the one or more air streams 1820 determines a level of support provided by the one or more air streams 1820 to the article, such as a substrate. c) US 20150239480: a device for inspecting railway wheels with respect to use-related wear and/or a material defect. The task of the present invention is to create a technical solution in this regard by means of which various configurations of railway wheels can be tested in a short time. In particular, an inspection should be carried out in override mode so that the test results for a complete train can be prepared during the passage time over an allocated test device. d) US 20110061558: The track is sloped in the non-evacuation zone toward the evacuation zone. The ride includes a vehicle supported on the rail via roller elements such as load bearing wheels. The ride includes a drive assembly that provides a driving force to selectively move the vehicle along the ride path. The drive assembly is adapted to automatically disengage from the vehicle upon loss of power. The vehicle is free rolling upon loss of power to travel to the evacuation zone based on gravity. e) US 20090179113: An electromagnetic field-producing device is used for non-contact type high elevation, elevation maintenance, or manipulation of objects. This type of elevation, elevation maintenance, or manipulation of objects contributes to the present modes of flight and people and larger object transport including but not limited to rotary-wing or non-rotary-wing modes of flying and mechanical/electronic modes of object movement. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD K ISLAM whose telephone number is (571)270-0328. The examiner can normally be reached M-F 9:00 a.m. - 5:00 p.m.. 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, Shelby A Turner can be reached at 571-272-6334. 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. /MOHAMMAD K ISLAM/Primary Examiner, Art Unit 2857 Application/Control Number: 18/688,838 Page 2 Art Unit: 2857 Application/Control Number: 18/688,838 Page 3 Art Unit: 2857 Application/Control Number: 18/688,838 Page 4 Art Unit: 2857 Application/Control Number: 18/688,838 Page 6 Art Unit: 2857 Application/Control Number: 18/688,838 Page 7 Art Unit: 2857 Application/Control Number: 18/688,838 Page 8 Art Unit: 2857 Application/Control Number: 18/688,838 Page 9 Art Unit: 2857
Read full office action

Prosecution Timeline

Mar 04, 2024
Application Filed
May 13, 2026
Non-Final Rejection mailed — §102, §103
Aug 10, 2026
Response Filed
Sep 30, 2026
Non-Final Rejection mailed — §102, §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

2-3
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+17.2%)
2y 8m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1330 resolved cases by this examiner. Grant probability derived from career allowance rate.

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