Prosecution Insights
Last updated: April 19, 2026
Application No. 18/751,977

SYSTEM AND METHOD FOR SAFE CONTROL SYNTHESIS FOR HYBRID SYSTEMS THROUGH LOCAL CONTROL BARRIER FUNCTIONS

Non-Final OA §102
Filed
Jun 24, 2024
Examiner
REDHEAD JR., ASHLEY L
Art Unit
3661
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Motor Engineering & Manufacturing North America, Inc.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
306 granted / 337 resolved
+38.8% vs TC avg
Moderate +10% lift
Without
With
+10.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
22 currently pending
Career history
359
Total Applications
across all art units

Statute-Specific Performance

§101
18.3%
-21.7% vs TC avg
§103
56.9%
+16.9% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
4.5%
-35.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 337 resolved cases

Office Action

§102
DETAILED ACTION Status of the Application The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Status of the Claims This action is in response to the applicant’s filing on June 24, 2024. Claims 1 – 20 are pending and examined below. Information Disclosure Statement The information disclosure statements (IDS) submitted on December 22, 2024 has been considered by the Examiner. 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 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. (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)(2) as being anticipated by U.S. Patent Application Publication No. US 2022/0063589 A1 to SON et al. (herein after "Son"). (Note: Claim language is in bold typeface, and the Examiner’s comments and cited passages from the prior art reference(s) are in normal typeface.) As to Claim 1, Son’s electric motor vehicle control system and method discloses a mode switch controller (see at least Fig. 1 ~ illustrates a general arrangement of a hybrid vehicle propulsion system, PNG media_image1.png 450 838 media_image1.png Greyscale see Fig. 2 ~ illustrates a general arrangement of a hybrid vehicle comprising hybrid control unit 240 and PNG media_image2.png 590 772 media_image2.png Greyscale see ¶0036 ~ "controller may be connected to a hybrid control unit (HCU) 240 for controlling an overall mode switching procedure as a high-level controller and may provide, to the HCU 240, information desired to switch driving modes") comprising: a memory having instructions stored therein (see at least ¶0085 ~ "computer readable code on a computer readable recording medium. The computer readable recording medium" and claim 14 ~ non-transitory computer-readable medium); and a processor configured to execute the instructions stored in said memory (see at least ¶0038 ~ hybrid control unit ~ HCU 240 comprises a processor and claim 14 ~ processor) to cause said mode switch controller to: instruct a hybrid mode controller to output a first mode control signal to cause a system to operate in a first mode (see at least ¶0030 ~ "when a driver presses an accelerator after starting the vehicle, the driving motor 140 is driven using power of a battery while the engine clutch 130 is open and transmits power to move wheels through the transmission 150 and a final drive (FD) 160 (i.e., EV mode)", thus teaching the hybrid vehicle operating in a first mode and ¶0036 ~ "controller may be connected to a hybrid control unit (HCU) 240 for controlling an overall mode switching procedure as a high-level controller and may provide, to the HCU 240, information desired to switch driving modes"); and instruct the hybrid mode controller, based on a detected parameter signal, a first control barrier function (Pursuant to [0009] of the disclosure, Son teaches the hybrid control unit outputting a first control barrier function and a second control barrier function as in ¶0052 ~ " the motion mode determiner 310 may select the acceleration guidance mode when the situation determined based on the information received from the controllers is a situation immediately prior to switching from an EV mode to an HEV mode, a situation in which a preceding vehicle disappears and is accelerated or drives at a constant speed and is then accelerated when the gradient of a road changes from an uphill road to a downhill road, or a situation in which the rear vehicle is close to a subject vehicle in a passing lane and the subject vehicle is driving to obstruct a path at a threshold distance or greater away from the rear vehicle." The motion mode determiner thus teaches a guaranteed safety being achieved by control barrier functions being detected and the subsequent vehicle modes of the hybrid vehicle being performed as a consequence. Fig. 5 ~ illustrates a block diagram of how the motion mode determiner executes the control barrier functions. PNG media_image3.png 698 870 media_image3.png Greyscale See also claim 5), and a second control barrier function, to output a second mode control signal to cause a system to operate in a second mode (see at least ¶0030 and ¶0036), wherein the first control barrier function is based on the system operating in the first mode (see at least ¶0030, ¶0036, and ¶0052) and the system switching from operating in the first mode to operating in the second mode (see at least ¶0030 ~ "when the rotational speeds of the engine 110 and the motor 140 are the same, the engine clutch 130 is then engaged such that both the engine 110 and the motor 140 drive the vehicle (i.e., transition to an HEV mode from an EV mode)"; wherein the detected velocity / acceleration of the vehicle systems and/or parameters, teaches operating the hybrid vehicle in a second mode and ¶0036), and wherein the second control barrier function is based on the system operating in the second mode. (See at least ¶0030, ¶0036, ¶0052, and Claim 5). As to Claim 2, Son discloses the mode switch controller of claim 1, wherein the second control barrier function is based on the system operating in the second mode (see at least ¶0030 ~ HCU 240 switches to a second operating mode ~ HEV, ¶0036, ¶0052 ~ HCU 240 switches hybrid vehicle mode control based upon control barrier functions, and Claim 5) and the system switching from operating in the first mode to operating in the second mode. (See at least ¶0030 ~ teaches the hybrid vehicle switching from first operating mode, ¶0036 ~ HCU 240 switches hybrid vehicle mode control per conditions, ¶0052 ~ HCU 240 switches hybrid vehicle mode control based upon control barrier functions described and in in alignment with [0009} of the disclosure, and Claim 5). As to Claim 3, Son discloses the mode switch controller of claim 1, wherein said processor is configured to execute the instructions stored in said memory to additionally cause said mode switch controller to determine, based on the detected parameter signal, the first control barrier function, and the second control barrier function, whether the system is to operate in the second mode to cause the system to guarantee safety to the system. (See at least ¶0030, ¶0036, ¶0052, and Claim 5; thereby teaching wherein a motion mode determiner guarantees safety being achieved by control barrier functions being detected and the subsequent vehicle modes of the hybrid vehicle being performed as a consequence). As to Claim 4, Son discloses the mode switch controller of claim 1, wherein said processor is configured to execute the instructions stored in said memory to additionally cause said mode switch controller to: determine, based on the detected parameter signal, whether the system is to operate in the second mode, wherein the detected parameter signal is based on the at least one of a group of parameters comprising velocity of the system, acceleration of the system, distance of the system to a location, distance of the system to an object, a condition of the environment for which the system is disposed, and a parameter of the system. (See at least ¶0030, ¶0036, ¶0052, and Claim 5). As to Claim 5, Son discloses the mode switch controller of claim 1, wherein said processor is configured to execute the instructions stored in said memory to additionally cause said mode switch controller to: determine, based on the detected parameter signal, whether the system is to operate in the second mode, wherein the detected parameter signal is based on a velocity of an autonomous vehicle. (See at least ¶0030, ¶0036, ¶0052, ¶0054 ~ wherein the hybrid vehicle is an autonomous vehicle conscribing to a detected parameter signal being a velocity / acceleration, and Claim 5). As to Claim 6, Son discloses the mode switch controller of claim 5, wherein said processor is configured to execute the instructions stored in said memory to additionally cause said mode switch controller to determine, based on the detected parameter signal, the first control barrier function, and the second control barrier function, whether the system is to operate in the second mode to cause the system to guarantee safety to the autonomous vehicle. (See at least ¶0030, ¶0036, ¶0052, and Claim 5). As to Claim 7, Son discloses the mode switch controller of claim 1, wherein said processor is configured to execute the instructions stored in said memory to additionally cause said mode switch controller to: determine, based on the detected parameter signal, whether the system is to operate in the second mode (see at least ¶0030, ¶0036, ¶0052, and Claim 5), wherein the detected parameter signal is based on a condition of an environment for which an autonomous vehicle is disposed. (See at least ¶0030, ¶0036, ¶0052, ¶0054, and Claim 5). As to Claim 8, Son discloses a method (see at least Fig. 8 ~ outlines a process flowchart of control barrier functions performed by the hybrid vehicle) comprising: PNG media_image4.png 764 440 media_image4.png Greyscale instructing, via a processor configured to execute the instructions stored in a memory (see at least ¶0038 ~ hybrid control unit ~ HCU 240 comprises a processor and claim 14 ~ processor and ¶0085 ~ "computer readable code on a computer readable recording medium. The computer readable recording medium" and claim 14 ~ non-transitory computer-readable medium), a hybrid mode controller to output the first mode control signal to cause a system to operate in a first mode (see at least ¶0030 ~ "when a driver presses an accelerator after starting the vehicle, the driving motor 140 is driven using power of a battery while the engine clutch 130 is open and transmits power to move wheels through the transmission 150 and a final drive (FD) 160 (i.e., EV mode)", thus teaching the hybrid vehicle operating in a first mode and ¶0036 ~ "controller may be connected to a hybrid control unit (HCU) 240 for controlling an overall mode switching procedure as a high-level controller and may provide, to the HCU 240, information desired to switch driving modes"); instructing, via the processor and based on a detected parameter signal, a first control barrier function (Pursuant to [0009] of the disclosure, Son teaches the hybrid control unit outputting a first control barrier function and a second control barrier function as in ¶0052 ~ " the motion mode determiner 310 may select the acceleration guidance mode when the situation determined based on the information received from the controllers is a situation immediately prior to switching from an EV mode to an HEV mode, a situation in which a preceding vehicle disappears and is accelerated or drives at a constant speed and is then accelerated when the gradient of a road changes from an uphill road to a downhill road, or a situation in which the rear vehicle is close to a subject vehicle in a passing lane and the subject vehicle is driving to obstruct a path at a threshold distance or greater away from the rear vehicle." The motion mode determiner thus teaches a guaranteed safety being achieved by control barrier functions being detected and the subsequent vehicle modes of the hybrid vehicle being performed as a consequence. See also claim 5), and a second control barrier function, the hybrid mode controller to output a second mode control signal (see at least ¶0030, ¶0036, and ¶0052) to cause the system to operate in a second mode, wherein the first control barrier function is based on the system operating in the first mode (see at least ¶0030 ~ "when the rotational speeds of the engine 110 and the motor 140 are the same, the engine clutch 130 is then engaged such that both the engine 110 and the motor 140 drive the vehicle (i.e., transition to an HEV mode from an EV mode)"; wherein the detected velocity / acceleration of the vehicle systems and/or parameters, teaches operating the hybrid vehicle in a second mode and ¶0036) and the system switching from operating in the first mode to operating in the second mode (see at least ¶0030 and ¶0036), and wherein the second control barrier function is based on the system operating in the second mode. (See at least ¶0030, ¶0036, ¶0052, and Claim 5). As to Claim 9, Son disclose the method of claim 8, wherein the second control barrier function is based on the system operating in the second mode (see at least ¶0030 ~ HCU 240 switches to a second operating mode ~ HEV, ¶0036, ¶0052 ~ HCU 240 switches hybrid vehicle mode control based upon control barrier functions, and Claim 5) and the system switching from operating in the first mode to operating in the second mode. (See at least ¶0030 ~ teaches the hybrid vehicle switching from first operating mode, ¶0036 ~ HCU 240 switches hybrid vehicle mode control per conditions, ¶0052 ~ HCU 240 switches hybrid vehicle mode control based upon control barrier functions described and in in alignment with [0009} of the disclosure, and Claim 5). As to Claim 10, Son discloses the method of claim 8, further comprising determining, via the processor and based on the detected parameter signal, the first control barrier function, and the second control barrier function, whether the system is to operate in the second mode to cause the system to guarantee safety to the system. (See at least ¶0030, ¶0036, ¶0052, and Claim 5; thereby teaching wherein a motion mode determiner guarantees safety being achieved by control barrier functions being detected and the subsequent vehicle modes of the hybrid vehicle being performed as a consequence.). As to Claim 11, Son discloses the method of claim 8, further comprising: determining, via the processor and based on the detected parameter signal, whether the system is to operate in the second mode, wherein the detected parameter signal is based on at least one of a group of parameters comprising velocity of the system, acceleration of the system, distance of the system to a location, distance of the system to an object, a condition of an environment for which the system is disposed, and a parameter of the system. (See at least ¶0030, ¶0036, ¶0052, and Claim 5). As to Claim 12, Son discloses the method of claim 8, further comprising: determining, via the processor and based on the detected parameter signal, whether the system is to operate in the second mode, wherein the detected parameter signal is based on a velocity of an autonomous vehicle. (See at least ¶0030, ¶0036, ¶0052, ¶0054 ~ wherein the hybrid vehicle is an autonomous vehicle conscribing to a detected parameter signal being a velocity / acceleration, and Claim 5). As to Claim 13, Son discloses the method of claim 12, further comprising determining, via the processor and based on the detected parameter signal, the first control barrier function, and the second control barrier function, whether the system is to operate in the second mode to cause the system to guarantee safety to an autonomous vehicle. (See at least ¶0030, ¶0036, ¶0052, and Claim 5). As to Claim 14, Son discloses the method of claim 8, further comprising: determining, via the processor and based on the detected parameter signal, whether the system is to operate in the second mode (see at least ¶0030, ¶0036, ¶0052, and Claim 5), wherein the detected parameter signal is based on a condition of an environment for which an autonomous vehicle is disposed. (See at least ¶0030, ¶0036, ¶0052, ¶0054, and Claim 5). As to Claim 15, Son discloses a non-transitory, computer-readable media having computer-readable instructions stored thereon (see at least ¶0085 ~ "computer readable code on a computer readable recording medium. The computer readable recording medium" and claim 14 ~ non-transitory computer-readable medium), the computer-readable instructions being capable of being read by a mode switch controller, wherein the computer-readable instructions are capable of instructing the mode switch controller (see at least ¶0038 ~ hybrid control unit ~ HCU 240 comprises a processor and claim 14 ~ processor, wherein HCU 240 performs the instructions of the hybrid mode control) to perform the method comprising: instructing, via a processor configured to execute the instructions stored in a memory, a hybrid mode controller to output the first mode control signal (see at least ¶0030 ~ "when a driver presses an accelerator after starting the vehicle, the driving motor 140 is driven using power of a battery while the engine clutch 130 is open and transmits power to move wheels through the transmission 150 and a final drive (FD) 160 (i.e., EV mode)", thus teaching the hybrid vehicle operating in a first mode and ¶0036 ~ "controller may be connected to a hybrid control unit (HCU) 240 for controlling an overall mode switching procedure as a high-level controller and may provide, to the HCU 240, information desired to switch driving modes") to cause a system to operate in a first mode (see ¶0030 and ¶0036); instructing, via the processor and based on a detected parameter signal, a first control barrier function (see at least Pursuant to [0009] of the disclosure, Son teaches the hybrid control unit outputting a first control barrier function and a second control barrier function as in ¶0052 ~ " the motion mode determiner 310 may select the acceleration guidance mode when the situation determined based on the information received from the controllers is a situation immediately prior to switching from an EV mode to an HEV mode, a situation in which a preceding vehicle disappears and is accelerated or drives at a constant speed and is then accelerated when the gradient of a road changes from an uphill road to a downhill road, or a situation in which the rear vehicle is close to a subject vehicle in a passing lane and the subject vehicle is driving to obstruct a path at a threshold distance or greater away from the rear vehicle." The motion mode determiner thus teaches a guaranteed safety being achieved by control barrier functions being detected and the subsequent vehicle modes of the hybrid vehicle being performed as a consequence. See also claim 5), and a second control barrier function (see at least ¶0030, ¶0036, and ¶0052), the hybrid mode controller to output a second mode control signal to cause the system to operate in a second mode, wherein the first control barrier function is based on the system operating in the first mode (see ¶0030, ¶0036, and ¶0052) and the system switching from operating in the first mode to operating in the second mode (see at least ¶0030 ~ "when the rotational speeds of the engine 110 and the motor 140 are the same, the engine clutch 130 is then engaged such that both the engine 110 and the motor 140 drive the vehicle (i.e., transition to an HEV mode from an EV mode)"; wherein the detected velocity / acceleration of the vehicle systems and/or parameters, teaches operating the hybrid vehicle in a second mode and ¶0036), and wherein the second control barrier function is based on the system operating in the second mode. (See at least ¶0030, ¶0036, ¶0052, and Claim 5). As to Claim 16, Son discloses the non-transitory, computer-readable media of claim 15, wherein the computer- readable instructions are capable of instructing the mode switch controller to perform the method wherein the second control barrier function is based on the system operating in the second mode (see at least ¶0030 ~ HCU 240 switches to a second operating mode ~ HEV, ¶0036, ¶0052 ~ HCU 240 switches hybrid vehicle mode control based upon control barrier functions, and Claim 5) and the system switching from operating in the first mode to operating in the second mode. (See at least ¶0030 ~ teaches the hybrid vehicle switching from first operating mode, ¶0036 ~ HCU 240 switches hybrid vehicle mode control per conditions, ¶0052 ~ HCU 240 switches hybrid vehicle mode control based upon control barrier functions described and in in alignment with [0009} of the disclosure, and Claim 5). As to Claim 17, Son discloses the non-transitory, computer-readable media claim 15, wherein the computer- readable instructions are capable of instructing the mode switch controller to perform the method further comprising determining, via the processor and based on the detected parameter signal, the first control barrier function, and the second control barrier function, whether the system is to operate in the second mode to cause the system to guarantee safety to the system. ¶0030, ¶0036, ¶0052, and Claim 5; thereby teaching wherein a motion mode determiner guarantees safety being achieved by control barrier functions being detected and the subsequent vehicle modes of the hybrid vehicle being performed as a consequence. As to Claim 18, Son discloses the non-transitory, computer-readable media of claim 15, wherein the computer- readable instructions are capable of instructing the mode switch controller to perform the method further comprising: determining, via the processor and based on the detected parameter signal, whether the system is to operate in the second mode, wherein the detected parameter signal is based on at least one of a group of parameters comprising velocity of the system, acceleration of the system, distance of the system to a location, distance of the system to an object, a condition of an environment for which the system is disposed, and a parameter of the system. (See at least ¶0030, ¶0036, ¶0052, and Claim 5). As to Claim 19, Son discloses the non-transitory, computer-readable media claim 15, wherein the computer- readable instructions are capable of instructing the mode switch controller to perform the method further comprising: determining, via the processor and based on the detected parameter signal, whether the system is to operate in the second mode, wherein the detected parameter signal is based on a velocity of an autonomous vehicle. (See at least ¶0030, ¶0036, ¶0052, ¶0054 ~ wherein the hybrid vehicle is an autonomous vehicle conscribing to a detected parameter signal being a velocity / acceleration, and Claim 5). As to Claim 20, Son discloses the non-transitory, computer-readable media claim 19, wherein the computer- readable instructions are capable of instructing the mode switch controller to perform the method further comprising determining, via the processor and based on the detected parameter signal, the first control barrier function, and the second control barrier function, whether the system is to operate in the second mode to cause the system to guarantee safety to an autonomous vehicle. (See at least ¶0030, ¶0036, ¶0052, and Claim 5). The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the PTO-892 for the application submitted herewith, and is also listed below as follows: US 2020/0317067 A1 and US 2019/0135133 A1, Miller; and US 2023/0020503 A1, Rahman et al. are analogous art to the claimed invention as it relates to hybrid vehicle mode control switching. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to ASHLEY L. REDHEAD, JR. whose telephone number is (571) 272 - 6952. The Examiner can normally be reached on weekdays, Monday through Thursday, between 7 a.m. and 5 p.m. If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s Supervisor, Peter Nolan can be reached Monday through Friday, between 9 a.m. and 5 p.m. at (571) 270 – 7016. 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. /ASHLEY L REDHEAD JR./Primary Examiner, Art Unit 3661
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Prosecution Timeline

Jun 24, 2024
Application Filed
Mar 07, 2026
Non-Final Rejection — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+10.4%)
2y 5m
Median Time to Grant
Low
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