Prosecution Insights
Last updated: August 18, 2026
Application No. 18/699,395

Method for Integrating an Electrically Activatable Display Element in an Outer Skin of a Vehicle Body, and Motor Vehicle

Final Rejection §102§103§112
Filed
Apr 08, 2024
Priority
Dec 01, 2022 — DE 10 2022 131 825.7 +1 more
Examiner
FREEDMAN, LAURA
Art Unit
3614
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
2 (Final)
87%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
1054 granted / 1209 resolved
+35.2% vs TC avg
Minimal +1% lift
Without
With
+1.3%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
22 currently pending
Career history
1234
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
28.3%
-11.7% vs TC avg
§102
33.3%
-6.7% vs TC avg
§112
30.8%
-9.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1209 resolved cases

Office Action

§102 §103 §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 . This office action is in response to the amendment filed 04 June 2026, in which claims 10, 12, and 15 were amended. Claim Objections Claim 10 is objected to because of the following informalities: Examiner suggests changing “a body outer skin” back to --the body outer skin -- (line 16), since this feature has already been claimed. Appropriate correction is required. Claim Rejections - 35 USC § 112 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 10-17 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. Claim 10 recites the limitation "the body outer side" in line 15. There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 102 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 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. Claim(s) 10 and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Esders et al. (WO 2022129366 A1; English language equivalent US 12202342 B2; paragraph numbers pointed out below correlate to the machine translation from the EPO website included in previous office action). In regards to claims 10, 16, and 17, Esders et al. (WO 2022129366 A1) discloses a method for integrating an electrically activatable display element (electronic display #4) in a body outer skin (including display carrier #1 with outer surface #13 facing user) of a motor vehicle body or a motor vehicle body element (figures 1, 2; paragraphs 0013-0018), the method comprising the steps of: (claim 10) (a) providing a body structure comprising the body outer skin (#1), the body outer skin having an outer surface (#13) facing a vehicle outer side and an inner surface facing a vehicle inner side (paragraphs 0003, 0007, 0014; figures 1, 2); (b) providing at least one viewing window aperture (#2) in the body outer skin (#1; figures 1, 2; paragraphs 0013-0017); (c) depositing at least one adhesive web (including adhesive #3 and/or optical adhesive fluid #8) on the inner surface of the body outer skin (#1) in a region of edges of the at least one viewing window aperture (#2; figures 1, 2; paragraphs 0007, 0013, 0017); (d) applying the display element (#4) to the adhesive web (including adhesive #3 and/or optical adhesive fluid #8; figures 1, 2; paragraphs 0007, 0013, 0017); (e) applying a potting compound (including adhesive #3, transparent castable polymer material #5, and/or optical adhesive fluid #8), from the vehicle inner side, to the display element (#4) and to that region of the inner surface of the body outer skin (#1) that surrounds the display element, in order to seal the display element with respect to a surrounding area on the vehicle inner side (figures 1, 2; paragraphs 0002, 0006-0009, 0014-0018); (f) applying a transparent film (including transparent castable polymer material #5 and/or optical adhesive fluid #8), from the body outer side, to the outer surface (#13) of the body outer skin (#1) at least in a region of the at least one aperture (#2), so as to sealingly surround the edges of the aperture (figures 1, 2; paragraphs 0002, 0006-0009, 0014-0018); (g) connecting the display element (#4) to an electrical energy supply and control device (electronic display #4 may be connected via electrical connection #7; paragraphs 0020-0023); (claim 16) wherein the adhesive web (including adhesive #3 and/or optical adhesive fluid #8) deposited on the inner surface of the body outer skin (#1) in step (c) surrounds the edge of the at least one viewing window aperture (#2; figures 1, 2; paragraphs 0007, 0013, 0017); (claim 17) wherein the adhesive web (including adhesive #3 and/or optical adhesive fluid #8) deposited on the inner surface of the body outer skin (#1) forms a closed adhesive layer, to which the display element (#4) is connected over a large area in step (d) (figures 1, 2; paragraphs 0007, 0013, 0017). In regards to claims 18 and 19, Esders et al. (WO 2022129366 A1) discloses a motor vehicle (paragraph 0003), comprising: a body outer skin (including display carrier #1 with outer surface #13 facing user) of a motor vehicle body or a motor vehicle body element (paragraphs 0003, 0007, 0014; figures 1, 2); an electrically activatable display element (electronic display #4) integrated into at least one viewing window aperture (#2) which is formed in the body outer skin (#1) and behind which the display element is provided on an inner side of the body outer skin (figures 1, 2; paragraphs 0013-0018); a transparent viewing window layer (including transparent castable polymer material #5) provided in or on an outer surface (#13) of the body outer skin (#1) in front of or in the at least one viewing window aperture (#2; figures 1, 2; paragraphs 0002, 0006-0009, 0014-0018); wherein the at least one viewing window aperture (#2) is covered by a transparent film (including polymer material #5 and/or optical adhesive fluid #8) connected to the body outer skin (#1; figures 1, 2; paragraphs 0002, 0006-0009, 0014-0018); a transparent potting compound (including transparent castable polymer material #5 and/or optical adhesive fluid #8) that fills the at least one viewing window aperture (#2), and is polished (seamless) on an outer side thereof such that a surface merges seamlessly into a surrounding outer surface of the body outer skin (#1; figures 1, 2; paragraphs 0002, 0006-0009, 0014-0018). 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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Esders et al. (WO 2022129366 A1; English language equivalent US 12202342 B2; paragraph numbers pointed out below correlate to the machine translation from the EPO website included in previous office action) in view of Tesch (US 3655501 A). Esders et al. does not disclose a display film with compression slots. Tesch teaches a formed element including a film into which a pattern of compression slots, which pass through the film in a thickness direction and confer flexible properties on the element, is cut in a pretreatment step prior to applying an adhesive web of (various patterns of compression slits shown in figures 1-52, and discussion of the slit patterns and application of adhesive film discussed throughout specification). 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 method of Esders et al. to include a display film with compression slots, as taught by Tesch, so as to provide additional flexibility to the formed element by allowing for stretching and expansion in at least one direction (discussed throughout Tesch), thereby allowing for use with curved vehicle body elements. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Esders et al. (WO 2022129366 A1; English language equivalent US 12202342 B2; paragraph numbers pointed out below correlate to the machine translation from the EPO website included in previous office action) in view of Tesch (US 3655501 A), further in view of De Castro Turner et al. (US 2021/0114462 A1). Esders et al., as modified by Tesch, does not disclose e-paper film. De Castro Turner et al. teaches a method for integrating an electrically activatable display element (flexible display screen #17) in a body outer skin of a motor vehicle body or a motor vehicle body element (including bodywork panel #13; figures 6-10), wherein the display element is an e-paper film (Abstract; paragraphs 0109, 0110, 0116, 0117, 0119). 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 method of Esders et al., as modified by Tesch, to include wherein the display element is an e-paper film, as taught by De Castro Turner et al., so as to provide a flexible display screen that better fits a curved motor vehicle body element (De Castro Turner et al.: Abstract; paragraphs 0002, 0024, 0102, 0103, 0109, 0110, 0116, 0117, 0119, 0120). Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Esders et al. (WO 2022129366 A1; English language equivalent US 12202342 B2; paragraph numbers pointed out below correlate to the machine translation from the EPO website included in previous office action) in view of Grevener et al. (US 2014/0042773 A1). Esders et al. does not disclose cathodic dip coating. Grevener et al. teaches a body outer skin is subjected to cathodic dip coating (Abstract; paragraphs 0002, 0007, 0008, 0040-0043; claims). 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 method of Esders et al. to include a cathodic dip coating, as taught by Grevener et al., so as to provide a corrosion protection coating for the body outer skin (Grevener et al.: Abstract; paragraphs 0002, 0007, 0008, 0040-0043; claims), thereby extending the lifespan of the vehicle components. Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Esders et al. (WO 2022129366 A1; English language equivalent US 12202342 B2; paragraph numbers pointed out below correlate to the machine translation from the EPO website included in previous office action) in view of De Castro Turner et al. (US 2021/0114462 A1). In regards to claim 14, Esders et al. does not disclose a paint finish. De Castro Turner et al. teaches a method for integrating an electrically activatable display element (flexible display screen #17) in a body outer skin of a motor vehicle body or a motor vehicle body element (including bodywork panel #13; figures 6-10), wherein an outer surface of the body outer skin is provided with a paint finish comprising at least one coat of paint after depositing of an adhesive web (such as, adhesive between optically clear panel #16 and rebate #15, 15’ of body work panel #13) and before application of the display element (figures 7-10; Abstract; paragraphs 0033, 0034, 0107-0119, 0125; claims). 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 method of Esders et al. to include a paint finish, as taught by De Castro Turner et al., so as to camouflage the joining between components of the display element and the body outer skin, which provides better visual appeal and aerodynamic smoothness (De Castro Turner et al.: Abstract; paragraphs 0033, 0034, 0107-0119, 0125; claims). In regards to claim 15, Esders et al. does not disclose an external covering. De Castro Turner et al. teaches a method for integrating an electrically activatable display element (flexible display screen #17) in a body outer skin of a motor vehicle body or a motor vehicle body element (including bodywork panel #13; figures 6-10), wherein an external covering (including foam pad #20 and/or retaining panel #21) which covers a display unit (#17) is applied and connected to an inner surface of the body outer skin (figure 10; paragraph 0119). 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 method of Esders et al. to include an external covering, as taught by De Castro Turner et al., so as to more securely hold the display element against the outer panels (De Castro Turner et al.: paragraph 0119). Response to Arguments Applicant's arguments filed 04 June 2026 have been fully considered but they are not persuasive. In regards to page 6 and claim 10, Applicant argues that Esders et al. (WO 2022129366 A1; English language equivalent US 12202342 B2) does not disclose step (f) applying a transparent film, from the body outer side, to the outer surface of the body outer skin at least in a region of the at least one aperture. As set forth above, Esders et al. (WO 2022129366 A1; English language equivalent US 12202342 B2) discloses applying a transparent film (including transparent castable polymer material #5 and/or optical adhesive fluid #8), from the body outer side, to the outer surface (#13) of the body outer skin (#1) at least in a region of the at least one aperture (#2; figures 1, 2; paragraphs 0002, 0006-0009, 0014-0018). In regards to page 6 and claim 18, Applicant argues that Esders et al. (WO 2022129366 A1; English language equivalent US 12202342 B2) does not disclose wherein the at least one viewing window aperture is covered by a transparent film connected to the body outer skin. As set forth above, Esders et al. (WO 2022129366 A1; English language equivalent US 12202342 B2) discloses wherein the at least one viewing window aperture (#2) is covered by a transparent film (including polymer material #5 and/or optical adhesive fluid #8) connected to the body outer skin (#1; figures 1, 2; paragraphs 0002, 0006-0009, 0014-0018). In regards to page 6 and claim 19, Applicant argues that Esders et al. (WO 2022129366 A1; English language equivalent US 12202342 B2) does not disclose a transparent potting compound that fills the at least one viewing window aperture, and is polished on an outer side thereof such that a surface merges seamlessly into a surrounding outer surface of the body outer skin. As set forth above, Esders et al. (WO 2022129366 A1; English language equivalent US 12202342 B2) discloses a transparent potting compound (including transparent castable polymer material #5 and/or optical adhesive fluid #8) that fills the at least one viewing window aperture (#2), and is polished (seamless) on an outer side thereof such that a surface merges seamlessly into a surrounding outer surface of the body outer skin (#1; figures 1, 2; paragraphs 0002, 0006-0009, 0014-0018). 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 LAURA FREEDMAN whose telephone number is (571)272-2442. The examiner can normally be reached Monday-Friday 8am-4:30pm. 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, Jason Shanske can be reached at 571-270-5985. 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. /LAURA FREEDMAN/ Primary Examiner Art Unit 3614
Read full office action

Prosecution Timeline

Apr 08, 2024
Application Filed
Mar 11, 2026
Non-Final Rejection mailed — §102, §103, §112
Jun 04, 2026
Response Filed
Jul 02, 2026
Final Rejection mailed — §102, §103, §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
87%
Grant Probability
88%
With Interview (+1.3%)
1y 11m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1209 resolved cases by this examiner. Grant probability derived from career allowance rate.

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