Prosecution Insights
Last updated: April 19, 2026
Application No. 18/704,846

AUTHENTICATION MECHANISM FOR VEHICLE MODE OR VEHICLE FUNCTION

Final Rejection §102
Filed
Apr 25, 2024
Examiner
WONG, KIN C
Art Unit
2689
Tech Center
2600 — Communications
Assignee
Atieva, Inc.
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
2y 1m
To Grant
93%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
922 granted / 1100 resolved
+21.8% vs TC avg
Moderate +9% lift
Without
With
+8.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
21 currently pending
Career history
1121
Total Applications
across all art units

Statute-Specific Performance

§101
3.5%
-36.5% vs TC avg
§103
17.1%
-22.9% vs TC avg
§102
57.2%
+17.2% vs TC avg
§112
11.7%
-28.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1100 resolved cases

Office Action

§102
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 is a response to remarks filed on 11/25/25. 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) (1-15) is/are rejected under 35 U.S.C. 102(a-1) as being anticipated by Ben-Noon et al (11397801, hereinafter- Ben-Noon). Regarding claim 1: Ben-Noon discloses procedure of a method comprising: receiving, in an offboard computer system/(external device – col. 3, lines 26-37 of Ben-Noon) separate from a vehicle, a user request for a onetime passcode, the user request including a vehicle identification number (VIN)/(col. 16, lines 22-28 of Ben-Noon) of the vehicle and a user selection of a function set among multiple functions of the vehicle; generating, by the offboard computer system, a onetime password for the function set based on at least (i) a shared key associated with the function set and the VIN, and (ii) an offboard counter value associated with the function set and the VIN (col. 16, lines 29-36 of Ben-Noon); forming, by the offboard computer system, the onetime passcode from at least the onetime password and a code identifying the function set (col. 16, lines 37-51 of Ben-Noon); and presenting, by the offboard computer system, the onetime passcode in response to the user request (col. 29, line 59 to col. 30, line 14 of Ben-Noon). Regarding claim 5: Ben-Noon discloses a procedures of a method comprising: receiving, in a computer system of a vehicle, a request that includes a onetime passcode, the onetime passcode including (i) a code identifying a function set among multiple functions of the vehicle, and (ii) a first onetime password for the function set (col. 3, lines 38-49 of Ben-Noon); identifying, by the computer system, a shared key stored in the computer system, the shared key identified using the code (col. 3, lines 58-67 of Ben-Noon); generating, by the computer system, a second onetime password based on at least (i) the shared key, and (ii) a vehicle counter value associated with the function set (col. 32, lines 4-23 of Ben-Noon); and in response to the second onetime password matching the first onetime password, marking the request as authenticated (col. 32, lines 24-42 of Ben-Noon). Thus, Ben-Noon disclosed the procedures linking external or third party network for vehicle control management. Regarding claims 2 and 6: wherein the code and the first onetime password are concatenated with each other in the onetime passcode (col. 16, lines 17-21 of Ben- Noon). Regarding claims 3 and 7: wherein each of the first and second onetime passwords consists of M number of characters, wherein the code consists of N number of characters, and wherein M is greater than N (col. 31, lines 38-52 of Ben-Noon). Regarding claim 8: wherein the function set consists of a single function of the multiple functions (col. 2, lines 43-57 of Ben-Noon). Regarding claim 9: wherein the function set consists of a plurality of functions of the multiple functions (col. 7, line 60 to col. 8, line 8 of Ben-Noon). Regarding claim 10: wherein the function set is associated with an operation mode of the vehicle (col. 7, line 60 to col. 8, line 8 of Ben-Noon). Regarding claim 11: wherein activation of the function set corresponds to entering the operation mode, or exiting the operation mode (col. 7, line 60 to col. 8, line 8 of Ben-Noon). Regarding claim 12: further comprising sending the authenticated request to a vehicle control unit of the vehicle, the vehicle control unit configured for activating or deactivating the function set (col. 7, line 60 to col. 8, line 8 of Ben-Noon). Regarding claim 13: wherein the vehicle is presently in a first operation mode when the authenticated request is sent to the vehicle control unit, wherein activation of the function set corresponds to entering a second operation mode of the vehicle, and wherein the vehicle control unit is further configured to reject the authenticated request based on the vehicle presently being in the first operation mode (col. 17, lines 10-30 of Ben-Noon). Regarding claim 4: further comprising: receiving, by the offboard computer System/(external devices), a request for a new shared key for each of the multiple functions of the vehicle; generating, by the offboard computer system, the new shared keys; and providing the new shared keys to the vehicle (col. 32, lines 4-42 of Ben-Noon). Regarding 14: A system configured to perform the method of claim 1 is considered met when method claim 1 is being implemented. Regarding claim 15: A system configured to perform the method of any of claim 5 is considered met when method claim 5/(5-13) is being implemented. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kanoria (10636237) and Ewert (DE102024205076A1) are cited for access controls. Response to Arguments Applicant's arguments filed 11/25/25 have been fully considered but they are not persuasive. Applicant asserted that each and every elements are not clearly articulated of claims and fails the prima facie case. Claim 1 and claim 5 are similar and parallel limitations as presented in above. Thus, the articulations are in-line with In re Jung, 637 F.3d 1356(2011). Henceforth, applicant’s assertions are misplaced, mischaracterized of Ben-Noon and the articulations thereof. Therefore, the rejection of the claims stands. 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 K. Wong whose telephone number is (571) 272-7566. 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, D. Goins can be reached at (571) 272-2957. 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. /K. WONG/Primary Examiner, Art Unit 2689
Read full office action

Prosecution Timeline

Apr 25, 2024
Application Filed
Aug 23, 2025
Non-Final Rejection — §102
Oct 28, 2025
Examiner Interview Summary
Oct 28, 2025
Applicant Interview (Telephonic)
Nov 25, 2025
Response Filed
Mar 07, 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
84%
Grant Probability
93%
With Interview (+8.8%)
2y 1m
Median Time to Grant
Moderate
PTA Risk
Based on 1100 resolved cases by this examiner. Grant probability derived from career allow rate.

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