Prosecution Insights
Last updated: April 19, 2026
Application No. 18/727,404

Driving System and Method for the Automated Maneuvering of a Motor Vehicle Based on a Recorded Driving Maneuver

Final Rejection §103
Filed
Jul 09, 2024
Examiner
EUSTAQUIO, CAL J
Art Unit
2686
Tech Center
2600 — Communications
Assignee
BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT
OA Round
2 (Final)
63%
Grant Probability
Moderate
3-4
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allow Rate
430 granted / 682 resolved
+1.0% vs TC avg
Strong +36% interview lift
Without
With
+36.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
31 currently pending
Career history
713
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
60.2%
+20.2% vs TC avg
§102
16.7%
-23.3% vs TC avg
§112
12.9%
-27.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 682 resolved cases

Office Action

§103
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 . Response to Amendments Claims 16-18, and 20-30 are presented for examination. 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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 16-22, and 25-30 are rejected under 35 USC 103 as being unpatentable over Marek et al., U.S. 2022/0274588 in view of Zalila et al., U.S. 2004/00020699. On claim 16, Marek cites except as underlined: A driving system for automated maneuvering of a motor vehicle based on a recorded driving maneuver of the motor vehicle, wherein the driving system is designed to: identify that a recorded driving maneuver is available at a destination of a journey of the motor vehicle specified by a user; [0030] In some examples, the input request includes further information and/or the output of the input request is linked to further conditions. The input request preferably contains information on the recorded manual guidance of the vehicle in the sliding interval. For example, the trajectory traveled in the sliding interval is shown superimposed on a map. The input request particularly preferably enables a selection of data to be used to ascertain the parking data set from the recorded data for manual guidance of the vehicle. Thus, a user can, for example, select a starting region of the automatic guidance of the vehicle along the recorded trajectory, and consequently select a sub-region of the recorded trajectory. Preferably, only one point of the trajectory can be selected to define a starting region for which the stored data for manual guidance of the vehicle have a GPS position and in response to an identification of the recorded driving maneuver, to induce the motor vehicle to be maneuvered at the destination in an automated manner based on the recorded driving maneuver. [0042] The vehicle may also be guided automatically, starting from the starting region of the defined parking position and based on the trajectory information of the parking data set ascertained for the defined parking position. In other words, when the vehicle arrives in the starting region, it is transferred to automated parking based on the parking data set stored according to the present disclosure. The handover takes place preferably fully automatically when the vehicle position is detected in the starting region or in response to a user input, for example after an input request. output an offer to the user to maneuver the motor vehicle in the automated manner [0038] If a preliminary parking data set for a defined parking position has been ascertained, the next time the vehicle is localized in a starting region of an automated guidance of the vehicle to the defined parking position, in accordance with the preliminary parking data set the output of a prompt to the user, takes place. (the claimed “offer” is the above embodiment providing a “prompt to the user” upon determining the cited parking data set is reencountered where the driver responds to the prompt to allow automated parking of the vehicle in accordance with the preliminary parking data set defined in the prior encounter) based on the recorded driving maneuver within a framework of specifying the destination and/or planning a driving route to the destination; (See previous. The claimed “recorded driving maneuver” is the preliminary parking data set where the vehicle is automatically guided to the recorded parking position. [0038] If a preliminary parking data set for a defined parking position has been ascertained, the next time the vehicle is localized in a starting region of an automated guidance of the vehicle to the defined parking position, in accordance with the preliminary parking data set the output of a prompt to the user, takes place. According to this embodiment, the starting region of the automatic guidance of the vehicle is preferably automatically ascertained in the preliminary parking data set, for example as the last recorded GPS position to the recorded parking position and/or at a fixed distance before the recorded parking position. Thus, after recognizing a certain number of comparable parking processes at a certain parking position and/or with comparable approach trajectories to the certain parking position, an input request is automatically output to the user as to whether this parking position should be saved as a defined parking position of the method according to the present disclosure for automated guidance of the vehicle. In response to this input request, the user input already mentioned above is ascertained. A positive user input preferably causes the preliminary parking data set to be stored as a permanent parking data set in the vehicle. A negative user input, on the other hand, preferably causes the stored provisional parking data set to be deleted and, if necessary, the setting of a flag that this parking position should not be saved in the future either. and output the offer to the user, prior to or at a beginning of the journey to the destination, to maneuver the motor vehicle in the automated manner based on the recorded driving maneuver. [0038] the next time the vehicle is localized in a starting region of an automated guidance of the vehicle to the defined parking position, in accordance with the preliminary parking data set the output of a prompt to the user, takes place. ([0038] still applies. (the claimed “offer” is the above embodiment providing a “prompt to the user” upon determining the cited parking data set is reencountered, but this time at the cited “ where the driver responds to the prompt to allow automated parking of the vehicle in accordance with the preliminary parking data set defined in the prior encounter) Regarding the excepted claim limitations, Marek, above, discloses providing a trajectory or path for a user to traverse a vehicle from a starting point to parking. Marek doesn’t disclose determining the availability at a destination of a journey (or in this case, the parking area). In the same art of vehicle parking, Zalila discloses: [0048] To do this, the space (10) available for parking the vehicle at the spot chosen by the operator must be evaluated. Once the available space has been evaluated (10), a check verifies that this space is sufficient (11) for the vehicle and throughout the maneuver, a safety test (32) makes sure that this space remains sufficient. It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to include into Marek the feature of determining if a suitable parking spot is available, per Zalila. One of ordinary skill would have included this feature to allow the manager to manage expectations regarding parking availability. On claim 17, Marek cites: The driving system according to claim 16, wherein the driving system is designed such that, when availability of the recorded driving maneuver at the destination is identified, the driving system induces the motor vehicle to be maneuvered at the destination in the automated manner based on the recorded driving maneuver when the offer is accepted by the user. [0038] If a preliminary parking data set for a defined parking position has been ascertained, the next time the vehicle is localized in a starting region of an automated guidance of the vehicle to the defined parking position, in accordance with the preliminary parking data set the output of a prompt to the user, takes place. [0044] If the user follows the driving instructions output and thus reaches the starting region with sufficient precision, the automated guidance of the vehicle is initiated according to this embodiment along the stored trajectory to the defined parking position, in particular with comparison of the surroundings data based on image data. On claim 18, Marek cites: The driving system according to claim 16, wherein the driving system is designed to: detect, via a user interface, a user input for specifying a destination address; and in response to detecting the user input, to induce an output, to the user, of an offer to maneuver the motor vehicle in the automated manner based on the recorded driving maneuver. [0042] The vehicle may also be guided automatically, starting from the starting region of the defined parking position and based on the trajectory information of the parking data set ascertained for the defined parking position. In other words, when the vehicle arrives in the starting region, it is transferred to automated parking based on the parking data set stored according to the present disclosure. The handover takes place preferably fully automatically when the vehicle position is detected in the starting region or in response to a user input, for example after an input request. On claim 20, Marek cites: The driving system according to claim 16, wherein the driving system is designed to induce, within a framework of an input of the destination into a navigation system of the vehicle, an output of an offer, to the user, to maneuver the motor vehicle in the automated manner based on the recorded driving maneuver. [0044] In this example, driving instructions based on the relative spatial position are also output to a user, and the driving instructions are ascertained in such a way that they indicate to the user that the vehicle is being driven into the starting region. In other words, the route guidance to the starting region is continued with a finer spatial resolution after the actual GPS-supported navigation has been completed, in order to enable the vehicle to be positioned as precisely as possible in the starting region. The driving instructions are preferably generated not by a classical navigation application but by the application for automated parking. If the user follows the driving instructions output and thus reaches the starting region with sufficient precision, the automated guidance of the vehicle is initiated according to this embodiment along the stored trajectory to the defined parking position, in particular with comparison of the surroundings data based on image data. The claimed “output of an offer” is the set of driving instructions to the driver that if the driver follows the driving instructions, the driving system includes automated guidance of the vehicle to the parking position. On claim 21, Marek cites: The driving system according to claim 16, wherein the driving system is designed to: detect, prior to arrival at the destination, a user input of the user of the motor vehicle to accept an offer to maneuver the motor vehicle in the automated manner based on the recorded driving maneuver; and in response to detecting the user input, to automatically induce the motor vehicle to be maneuvered at the destination in the automated manner based on the recorded driving maneuver upon the arrival at the destination without a new offer being output. [0044] In this example, driving instructions based on the relative spatial position are also output to a user, and the driving instructions are ascertained in such a way that they indicate to the user that the vehicle is being driven into the starting region. In other words, the route guidance to the starting region is continued with a finer spatial resolution after the actual GPS-supported navigation has been completed, in order to enable the vehicle to be positioned as precisely as possible in the starting region. The driving instructions are preferably generated not by a classical navigation application but by the application for automated parking. If the user follows the driving instructions output and thus reaches the starting region with sufficient precision, the automated guidance of the vehicle is initiated according to this embodiment along the stored trajectory to the defined parking position, in particular with comparison of the surroundings data based on image data. The claimed “output of an offer” is the set of driving instructions to the driver that if the driver follows the driving instructions, the driving system includes automated guidance of the vehicle to the parking position. On claim 22, Marek cites: The driving system according to claim 16, wherein the driving system is designed such that, during the journey to the destination, the driving system: detects that the motor vehicle has arrived at an activation region of the recorded driving maneuver; and in response to detecting that the motor vehicle has arrived at the activation region, without an offer to maneuver the motor vehicle in the automated manner based on the recorded driving maneuver being output, automatically inducing the motor vehicle to be maneuvered at the destination in the automated manner based on the recorded driving maneuver. [0044] In this example, driving instructions based on the relative spatial position are also output to a user, and the driving instructions are ascertained in such a way that they indicate to the user that the vehicle is being driven into the starting region. In other words, the route guidance to the starting region is continued with a finer spatial resolution after the actual GPS-supported navigation has been completed, in order to enable the vehicle to be positioned as precisely as possible in the starting region. The driving instructions are preferably generated not by a classical navigation application but by the application for automated parking. If the user follows the driving instructions output and thus reaches the starting region with sufficient precision, the automated guidance of the vehicle is initiated according to this embodiment along the stored trajectory to the defined parking position, in particular with comparison of the surroundings data based on image data. And [0041] In this embodiment, route guidance is also carried out until the navigation destination is reached. The route guidance takes place by outputting navigation instructions and/or maneuvering information to the driver in a known manner, so that a further description is not provided herein for the purposes of brevity. On claim 25, Marek cites: The driving system according to claim 16, wherein the driving system is designed such that, during the journey to the destination, the driving system: determines, based on Global Navigation Satellite System (GNSS) data and/or based on image data of at least one surroundings camera of the motor vehicle, that the motor vehicle has arrived at a proximity region of the recorded driving maneuver; and in response to determining that the motor vehicle has arrived at the proximity region, automatically induces, without an offer to maneuver the motor vehicle in the automated manner based on the recorded driving maneuver being output: a recorded trajectory of the recorded driving maneuver to be positioned relative to a vehicle coordinate system of the motor vehicle; [0038] If a preliminary parking data set for a defined parking position has been ascertained, the next time the vehicle is localized in a starting region of an automated guidance of the vehicle to the defined parking position, in accordance with the preliminary parking data set the output of a prompt to the user, takes place. According to this embodiment, the starting region of the automatic guidance of the vehicle is preferably automatically ascertained in the preliminary parking data set, for example as the last recorded GPS position to the recorded parking position and/or at a fixed distance before the recorded parking position. and/or an odometry-based distance of the motor vehicle to the recorded trajectory to be determined and/or repeatedly updated. On claim 26, Marek cites: The driving system according to claim 25, wherein the driving system is designed to determine, based on the odometry-based distance, that the motor vehicle has arrived at a near region and/or an activation region of the recorded driving maneuver. [0012] Furthermore, the parking data set ascertained in response to the user input may include trajectory information from an automated guidance of the vehicle from the starting region to the defined parking position. The trajectory information is the data defined for the automatic maneuvering of the vehicle from the starting region to the parking position. In some examples, the trajectory information includes a plurality of odometry data relating to the lateral and longitudinal guidance of the vehicle along the trajectory, e.g., from the starting region to the defined parking position. The odometry data may relate, for example, to time series of steering locks and accelerations or the like. The odometry data are particularly preferably defined in such a way that they enable the automated guidance of the vehicle from a fixed starting region to the defined starting position. On claim 27, Marek cites: The driving system according to claim 16, wherein the driving system is designed to: determine position data, including coordinates of a Global Navigation Satellite System (GNSS), of the destination; read out of a memory unit, position data, including GNSS coordinates, of the recorded driving maneuver, relating to a proximity region, a near region, and/or an activation region of the recorded driving maneuver; and detect, based on the position data of the destination and of the recorded driving maneuver, that the recorded driving maneuver is available at the destination. [0012] Furthermore, the parking data set ascertained in response to the user input may include trajectory information from an automated guidance of the vehicle from the starting region to the defined parking position. The trajectory information is the data defined for the automatic maneuvering of the vehicle from the starting region to the parking position. In some examples, the trajectory information includes a plurality of odometry data relating to the lateral and longitudinal guidance of the vehicle along the trajectory, e.g., from the starting region to the defined parking position. The odometry data may relate, for example, to time series of steering locks and accelerations or the like. The odometry data are particularly preferably defined in such a way that they enable the automated guidance of the vehicle from a fixed starting region to the defined starting position. And [0064] If the user input from step S400 indicates that the user wishes to save the current parking position as a defined parking position, a parking data set according to the present disclosure with the position of a starting region and trajectory information on the defined parking position is ascertained and, based on the data stored in step S200 for manual guidance of the vehicle, stored in memory 41 of control unit 40. On claim 28, Marek and Zazila cites except as underlined: The driving system according to claim 27, wherein the driving system is designed to: determine position data for a plurality of different recorded driving maneuvers; and identify, based on the position data of the destination and the position data for the plurality of recorded driving maneuvers, the recorded driving maneuver from the plurality of recorded driving maneuvers, which is available at the destination. Marek cites: [0030] In some examples, the input request includes further information and/or the output of the input request is linked to further conditions. The input request preferably contains information on the recorded manual guidance of the vehicle in the sliding interval. For example, the trajectory traveled in the sliding interval is shown superimposed on a map. The input request particularly preferably enables a selection of data to be used to ascertain the parking data set from the recorded data for manual guidance of the vehicle. Thus, a user can, for example, select a starting region of the automatic guidance of the vehicle along the recorded trajectory, and consequently select a sub-region of the recorded trajectory. Preferably, only one point of the trajectory can be selected to define a starting region for which the stored data for manual guidance of the vehicle have a GPS position. and [0042] The vehicle may also be guided automatically, starting from the starting region of the defined parking position and based on the trajectory information of the parking data set ascertained for the defined parking position. In other words, when the vehicle arrives in the starting region, it is transferred to automated parking based on the parking data set stored according to the present disclosure. The handover takes place preferably fully automatically when the vehicle position is detected in the starting region or in response to a user input, for example after an input request. In short, the cited manual and automated “driving maneuvers” are synonymous with the claimed “plurality of different recorded driving maneuvers,” as defined in the rejection of claim 27. Marek doesn’t disclose the excepted claim limitations. However, it would have been obvious to one of ordinary skill in the art at the time of the claimed invention to selected, from among the above different driving maneuvers, a suitable driving maneuver from the recorded driving maneuvers leading toward the destination. One of ordinary skill would have included such a feature for increased efficiency of determining a selected route stored in memory. On claim 29, Marek cites except as underlined: The driving system according to claim 16, wherein the driving system is designed in a recording mode to: record a driving trajectory for a driving maneuver based on a path of travel traversed by a driver using the motor vehicle in a manual driving operation, and to store the driving trajectory as the recorded driving maneuver on a memory unit of the motor vehicle; [0064] If the user input from step S400 indicates that the user wishes to save the current parking position as a defined parking position, a parking data set according to the present disclosure with the position of a starting region and trajectory information on the defined parking position is ascertained and, based on the data stored in step S200 for manual guidance of the vehicle, stored in memory 41 of control unit 40. and/or store position data related to the recorded driving maneuver, including position data which allow a proximity region, a near region, and/or an activation region of the recorded driving maneuver to be determined; and in an automation mode, during a new journey of the motor vehicle, to longitudinally and/or laterally guide the motor vehicle based on the recorded trajectory of the recorded driving maneuver in the automated manner in order to maneuver the motor vehicle in the automated manner based on the recorded driving maneuver. Regarding the above excepted claim limitations, Marek cites: [0012] Furthermore, the parking data set ascertained in response to the user input may include trajectory information from an automated guidance of the vehicle from the starting region to the defined parking position. The trajectory information is the data defined for the automatic maneuvering of the vehicle from the starting region to the parking position. In some examples, the trajectory information includes a plurality of odometry data relating to the lateral and longitudinal guidance of the vehicle along the trajectory, e.g., from the starting region to the defined parking position. The odometry data may relate, for example, to time series of steering locks and accelerations or the like. Marek also cites: [0064] If the user input from step S400 indicates that the user wishes to save the current parking position as a defined parking position, a parking data set according to the present disclosure with the position of a starting region and trajectory information on the defined parking position is ascertained and, based on the data stored in step S200 for manual guidance of the vehicle, stored in memory 41 of control unit 40. Marek doesn’t disclose recording the longitudinal and lateral trajectories regarding guiding the vehicle in an automated manner. However, Marek clearly discloses recording the vehicle trajectory when the vehicle is manually guided. It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to substitute the trajectory information garnered for automated driving is used. One of ordinary skill would have included this feature. Regardless of the manner driven, one of ordinary skill would have desired to obtain data from memory a trajectory or path of the vehicle from origin to destination for future usage. On claim 30, Marek cites except as underlined: A method for automated maneuvering of a motor vehicle based on a recorded driving maneuver of the motor vehicle, the method comprising: identifying that a recorded driving maneuver is available at a destination of a journey of the motor vehicle specified by a user; [0030] In some examples, the input request includes further information and/or the output of the input request is linked to further conditions. The input request preferably contains information on the recorded manual guidance of the vehicle in the sliding interval. For example, the trajectory traveled in the sliding interval is shown superimposed on a map. The input request particularly preferably enables a selection of data to be used to ascertain the parking data set from the recorded data for manual guidance of the vehicle. Thus, a user can, for example, select a starting region of the automatic guidance of the vehicle along the recorded trajectory, and consequently select a sub-region of the recorded trajectory. Preferably, only one point of the trajectory can be selected to define a starting region for which the stored data for manual guidance of the vehicle have a GPS position. in response to identifying that the recorded driving maneuver is available at the destination, inducing the motor vehicle to be maneuvered at the destination in an automated manner based on the recorded driving maneuver; [0042] The vehicle may also be guided automatically, starting from the starting region of the defined parking position and based on the trajectory information of the parking data set ascertained for the defined parking position. In other words, when the vehicle arrives in the starting region, it is transferred to automated parking based on the parking data set stored according to the present disclosure. The handover takes place preferably fully automatically when the vehicle position is detected in the starting region or in response to a user input, for example after an input request. outputting an offer to the user to maneuver the motor vehicle in the automated manner [0038] If a preliminary parking data set for a defined parking position has been ascertained, the next time the vehicle is localized in a starting region of an automated guidance of the vehicle to the defined parking position, in accordance with the preliminary parking data set the output of a prompt to the user, takes place. (the claimed “offer” is the above embodiment providing a “prompt to the user” upon determining the cited parking data set is reencountered where the driver responds to the prompt to allow automated parking of the vehicle in accordance with the preliminary parking data set defined in the prior encounter) based on the recorded driving maneuver within a framework of specifying the destination and/or planning a driving route to the destination; (See previous. The claimed “recorded driving maneuver” is the preliminary parking data set where the vehicle is automatically guided to the recorded parking position. [0038] If a preliminary parking data set for a defined parking position has been ascertained, the next time the vehicle is localized in a starting region of an automated guidance of the vehicle to the defined parking position, in accordance with the preliminary parking data set the output of a prompt to the user, takes place. According to this embodiment, the starting region of the automatic guidance of the vehicle is preferably automatically ascertained in the preliminary parking data set, for example as the last recorded GPS position to the recorded parking position and/or at a fixed distance before the recorded parking position. Thus, after recognizing a certain number of comparable parking processes at a certain parking position and/or with comparable approach trajectories to the certain parking position, an input request is automatically output to the user as to whether this parking position should be saved as a defined parking position of the method according to the present disclosure for automated guidance of the vehicle. In response to this input request, the user input already mentioned above is ascertained. A positive user input preferably causes the preliminary parking data set to be stored as a permanent parking data set in the vehicle. A negative user input, on the other hand, preferably causes the stored provisional parking data set to be deleted and, if necessary, the setting of a flag that this parking position should not be saved in the future either. and outputting the offer to the user, prior to or at a beginning of the journey to the destination, to maneuver the motor vehicle in the automated manner based on the recorded driving maneuver. [0038] the next time the vehicle is localized in a starting region of an automated guidance of the vehicle to the defined parking position, in accordance with the preliminary parking data set the output of a prompt to the user, takes place. ([0038] still applies. The claimed “offer” is the above embodiment providing a “prompt to the user” upon determining the cited parking data set is reencountered, but this time at the cited “ where the driver responds to the prompt to allow automated parking of the vehicle in accordance with the preliminary parking data set defined in the prior encounter) Regarding the excepted claim limitations, Marek, above, discloses providing a trajectory or path for a user to traverse a vehicle from a starting point to parking. Marek doesn’t disclose determining the availability at a destination of a journey (or in this case, the parking area). In the same art of vehicle parking, Zalila discloses: [0048] To do this, the space (10) available for parking the vehicle at the spot chosen by the operator must be evaluated. Once the available space has been evaluated (10), a check verifies that this space is sufficient (11) for the vehicle and throughout the maneuver, a safety test (32) makes sure that this space remains sufficient. It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to include into Marek the feature of determining if a suitable parking spot is available, per Zalila. One of ordinary skill would have included this feature to allow the manager to manage expectations regarding parking availability. Claims 23 are rejected under 35 USC 103 as being unpatentable over Marek et al., U.S. 2022/0274588 in view of Zalila et al., U.S. 2004/00020699 and Urhahne, U.S. 2018/0065665. On claim 23, Marek cites except as underlined: The driving system according to claim 22, wherein the driving system is designed: in response to a detected arrival at the activation region of the recorded driving maneuver, to induce the output of a stop request to stop the motor vehicle; to detect that the motor vehicle has come to a standstill in the activation region; and in response to detecting that the motor vehicle has come to the standstill, to guide the motor vehicle in an at least partially automated manner based on a recorded trajectory of the recorded driving maneuver in order to maneuver the motor vehicle in the automated manner based on the recorded driving maneuver. Marek cites: [0041] If the user follows the driving instructions output and thus reaches the starting region with sufficient precision, the automated guidance of the vehicle is initiated according to this embodiment along the stored trajectory to the defined parking position, in particular with comparison of the surroundings data based on image data. And [0041] In this embodiment, route guidance is also carried out until the navigation destination is reached. The route guidance takes place by outputting navigation instructions and/or maneuvering information to the driver in a known manner, so that a further description is not provided herein for the purposes of brevity. Marek discloses a feature of giving the option of the driver to proceed to a parking destination. Marek doesn’t disclose the feature of the driver stopping the vehicle, and upon the vehicle detecting the vehicle has come to a standstill (stopped), the vehicle proceeds to the destination. In the same art of automated vehicle parking, Urhahne cites: [0014] There may also be provision that the driver has to give a dedicated command, by pressing a button or otherwise, to continue the automatic parking maneuver when the vehicle stops after the short distance of straight-ahead travel. It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to include into Marek the option of stopping the vehicle in the middle of an automated parking drive operation as disclosed in Urhahne. One of ordinary skill would have included such a stopping feature to avoid obstacles and hazards, such as pedestrians or other cars encountered during the automated parking maneuver, and upon clearance of these obstacles, continue the parking maneuver. Claims 24 are rejected under 35 USC 103 as being unpatentable over Marek et al., U.S. 2022/0274588 in view of Zalila et al., U.S. 2004/00020699 and Saito et al., EP 3706447 and Ogino et al., U.S. 5,890,089. On claim 24, Marek cites except: The driving system according to claim 16, wherein the driving system is designed to: detect, during the journey to the destination, that the motor vehicle has arrived at a near region of the recorded driving maneuver; and in response to detecting that the motor vehicle has arrived at the near region, to automatically induce, without outputting an offer to maneuver the motor vehicle in the automated manner based on the recorded driving maneuver, an output of support information to assist the user of the vehicle during an approach to an activation region of the recorded driving maneuver. In the similar art of passenger support systems, Saito cites: [0027] The voice output processor 16 is an example of a notifier. The voice output processor 16 notifies the passenger P in the vehicle interior IN of destination approach information indicating that the vehicle V is approaching near the destination according to trigger signals input by the approach decider 15. The destination approach information is an announcement that informs one passenger P among the passengers P that the vehicle is approaching near the destination, and the announcement for example is "This vehicle will soon arrive at XX (destination)". The voice output processor 16 generates a voice signal output from the speaker SP based on the voice information that is stored in the memory 14 and the destination information, and outputs the relevant voice signal from the speaker SP as the destination approach information. The voice output processor 16 can also generate notification information for notifying the passenger P based on voice information stored in the memory 14 and output the notification information from the speaker SP. At the same time, Ogino, col. 1, lines 19-31 cites: A car navigation system of this type has a route setting function to automatically setting a route to a destination. Where this route setting function is used, a route to a destination is indicated on a map displayed on the monitor, and the present position and the direction in which the car should move are indicated with marks such as arrow marks, and when the car comes near a branching guide point such as a crossing, a simple map is displayed on a large scale to show the area around the branching guide point in detail, and in addition, a vocal guide announcement is made--for instance "Car is coming near the guide point", "Turn right at the next corner", "The next relay point is on the left side". It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to include into Marek the features disclosed in Saito and Ogino such that the claimed invention is realized. Saito discloses a known embodiment wherein upon the vehicle approaching near a destination, a trigger signal informs a user the arrival to the destination draws nigh while Ogino discloses the system telling the user of other information useful to the user upon reaching the destination. One of ordinary skill would have included these features to inform a user of suggestions of what to do before arriving to the destination. Response to Arguments The applicant’s arguments regarding the rejection of claim 16 has been carefully reviewed. The applicant asserts “Marek and Zalila are both silent with respect to this above-described feature of the claim. In contrast to outputting the offer to the user, prior to or at a beginning of the journey to the destination, to maneuver the motor vehicle in the automated manner based on the recorded driving maneuver, Marek only discloses outputting an input request to the user when the parking region is reached. Zalila also fails to teach or suggest this feature of the claim.” Even though claim 16 had been amended, Marek continues to read upon the amended limitations in the same manner as when they were in now amended claim 17 and now canceled claim 19. In particular, the claimed “offer” is the Marek, [0038] providing a “prompt to the user” upon determining the cited parking data set is reencountered where the driver responds to the prompt to allow automated parking of the vehicle in accordance with the preliminary parking data set defined in the prior encounter. Because Marek, [0038] was specifically mentioned in the prior examination, the elements found in Marek continue to read upon the limitations of the amended and canceled claim. Accordingly, the applicant’s arguments are unpersuasive. For the same reasons, the response to the arguments regarding the rejection of claim 16 also apply to the rejection of claim 30 since claim 30 includes a substantially identical amendment provided for in claim 16. 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 CAL EUSTAQUIO whose telephone number is (571)270-7229. The examiner can normally be reached on 8am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Zimmerman, can be reached at (571) 272-3059. 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 lnformation 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 PAlR only. For more information about the PAlR system, see http:/lpair-direct.uspto.gov. Should you have questions on access to the Private PAlR 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 800-786-91 99 (IN USA OR CANADA) or 571-272-1000. /CAL J EUSTAQUIO/Examiner, Art Unit 2686 /BRIAN A ZIMMERMAN/Supervisory Patent Examiner, Art Unit 2686
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Prosecution Timeline

Jul 09, 2024
Application Filed
Sep 02, 2025
Non-Final Rejection — §103
Dec 08, 2025
Response Filed
Mar 16, 2026
Final Rejection — §103 (current)

Precedent Cases

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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
63%
Grant Probability
99%
With Interview (+36.0%)
2y 8m
Median Time to Grant
Moderate
PTA Risk
Based on 682 resolved cases by this examiner. Grant probability derived from career allow rate.

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