Prosecution Insights
Last updated: October 27, 2026
Application No. 18/785,081

Control System With a Motor Vehicle

Non-Final OA §103
Filed
Jul 26, 2024
Priority
Jul 27, 2023 — DE 10 2023 120 044.5
Examiner
BESTEMAN-STREET, JACOB KENT
Art Unit
3661
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
3 (Non-Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
117 granted / 132 resolved
+36.6% vs TC avg
Minimal +2% lift
Without
With
+2.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
11 currently pending
Career history
148
Total Applications
across all art units

Statute-Specific Performance

§101
18.1%
-21.9% vs TC avg
§103
43.7%
+3.7% vs TC avg
§102
25.6%
-14.4% vs TC avg
§112
8.1%
-31.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 132 resolved cases

Office Action

§103
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 . Response to Arguments Applicant’s remarks have been fully considered. Applicant argues that the cited reference Nakata does not teach the amended limitations of the independent claims, specifically the pre-provisioned key authorizing control of a pre-defined function of the infrastructure. Examiner agrees, however this is moot in light of the new grounds of rejection. 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. Claims 11-15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nakata (US 20200198620 A1) in view of Lehmann (US 20140096217 A1). Regarding claim 11, Nakata teaches: A control system, comprising: a motor vehicle with a first control apparatus; (See Nakata Fig. 1 and [0043] for vehicle 100 with control device 210) an infrastructure with a second control apparatus; (See Nakata Fig. 1 and [0039] for infrastructure facility 300 with infrastructure management device 330 and gate control device 350) wherein the first and second control apparatuses are configured to establish a wireless connection to one another and to carry out a bilateral authentication via the wireless connection based on a pre-provisioned digital key (See Nakata Fig. 1 and [0040] for wireless communication. See Fig. 5 and Fig. 19 for secure communication authentication between vehicle and infrastructure. See Nakata Figs. 18-21 and [0186]-[0210] for encrypted communication details. See [0190] for certificate authority which provides electronic certificate for the infrastructure certificate. See [0187]-[0190] for public key provided to the vehicle with the certificate and secret key provided to the infrastructure facility. This is a commonly known method of secure communications. ) authorizing the motor vehicle to control a [predefined] function of the infrastructure, wherein the motor vehicle is configured to request control of the predefined function of the infrastructure via the wireless connection, and wherein the second control apparatus is configured to perform the requested predefined function of the infrastructure if the motor vehicle is authorized to control the predefined function of the infrastructure. (See Nakata Fig. 1 and [0039]-[0042] for control of entrance and exit gates, see [0157] for opening exit gate in response to a departure notification from the vehicle. See [0145] for infrastructure management device 330 providing instructions to move the vehicle to park or provide other services. See Fig. 6 and [0080] for transmission of additional available services and response from the vehicle. See Fig. 8 for example services.) Nakata does not explicitly teach that the pre-provisioned digital key authorizes the motor vehicle to control a predefined function of the infrastructure. That is to say that while Nakata teaches authorization of the vehicle to request services in general from the infrastructure element, it does not teach the association of a specific digital key with a specific or individual function. However, Lehmann teaches a method of accessing personalized services (See Lehmann [0018]-[0021]) wherein a personalized key may be assigned to an individual or to a specific service (See Lehmann [0021]). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the application, to modify the system of Nakata to include the personalized keys of Lehmann in order to allow for control of personalized access to the different services available to the user. Regarding claim 12, modified Nakata teaches: The control system according to claim 11, wherein the function of the infrastructure relates to the motor vehicle. (See Nakata Fig. 1 and [0039]-[0042] for control of entrance and exit gates of a parking facility. See Fig. 6 and [0080] for transmission of additional available services and response from the vehicle. See Fig. 8 for example services.) Regarding claim 13, modified Nakata teaches: The control system according to claim 11, wherein the infrastructure is configured to request a predefined function of the motor vehicle via the wireless connection, and the first control apparatus is configured to perform the requested predefined function of the motor vehicle if the function is enabled for control by way of the infrastructure. (See Nakata Fig. 6 and [0095]-[0098] for movement instructions transmitted from the facility and performed by the vehicle.) Regarding claim 14, modified Nakata teaches: The control system according to claim 11, wherein authenticating takes place via an asymmetric cryptographic method. (See Nakata Figs. 18-21 and [0186]-[0210] for encrypted communication details.) Regarding claim 15, modified Nakata teaches: The control system according to claim 11, further comprising: an external location, from which the public key is obtainable. (See Nakata [0187]-[0197] for transmission of electronic certificate of the infrastructure which includes the public key of the infrastructure facility.) Regarding claim 17, Nakata teaches: An apparatus, comprising: an infrastructure control apparatus, (See Nakata Fig. 1 and [0039] for infrastructure facility 300 with gate control device 350) wherein the infrastructure control apparatus is configured to: establish a wireless connection to a motor vehicle and to perform a bilateral authentication via the wireless connection based on a pre-provisioned digital key (See Nakata Fig. 1 and [0040] for wireless communication. See Fig. 5 and Fig. 19 for secure communication authentication between vehicle and infrastructure. See Nakata Figs. 18-21 and [0186]-[0210] for encrypted communication details. See [0190] for certificate authority which provides electronic certificate for the infrastructure certificate. See [0187]-[0190] for public key provided to the vehicle with the certificate and secret key provided to the infrastructure facility. This is a commonly known method of secure communications. ) authorizing the motor vehicle to control a [predefined] function of the infrastructure; receive a request of a motor vehicle via the wireless connection to control the predefined function of the infrastructure; and perform the requested function if the motor vehicle is authorized to control the predefined function of the infrastructure. (See Nakata Fig. 1 and [0039]-[0042] for control of entrance and exit gates. See Fig. 6 and [0080] for transmission of additional available services and response from the vehicle. See [0145] for infrastructure management device 330 providing instructions to move the vehicle to park or provide other services. See Fig. 6 and [0080] for transmission of additional available services and response from the vehicle. See Fig. 8 for example services.) Nakata does not explicitly teach that the pre-provisioned digital key authorizes the motor vehicle to control a predefined function of the infrastructure. That is to say that while Nakata teaches authorization of the vehicle to request services in general from the infrastructure element, it does not teach the association of a specific digital key with a specific or individual function. However, Lehmann teaches a method of accessing personalized services (See Lehmann [0018]-[0021]) wherein a personalized key may be assigned to an individual or to a specific service (See Lehmann [0021]). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the application, to modify the system of Nakata to include the personalized keys of Lehmann in order to allow for control of personalized access to the different services available to the user. Regarding claim 18, modified Nakata teaches: The apparatus according to claim 17, further comprising: an actuator for controlling a function of the infrastructure. (See Nakata Fig. 1 and [0039]-[0042] for control of entrance and exit gates. Physical gates require actuation. See Fig. 6 and [0080] for transmission of additional available services and response from the vehicle. See Fig. 8 for example services. A car wash would require actuation.) Regarding claim 19, Nakata teaches: A method, comprising: generating a two-part digital key authorizing the motor vehicle to control a [predefined] function of an infrastructure; providing a first part of the key to the motor vehicle; providing a second part of the key to the infrastructure; and performing a bilateral authentication between the motor vehicle and the infrastructure based on the first and second parts and via a wireless connection; (See Nakata Fig. 1 and [0040] for wireless communication. See [0190] for certificate authority which provides electronic certificate for the infrastructure certificate. See [0187]-[0190] for public key provided to the vehicle with the certificate and secret key provided to the infrastructure facility. This is a commonly known method of secure communications.) requesting, by the motor vehicle via the wireless connection, performance of the [predefined] function by the infrastructure; and performing the requested function by the infrastructure if the motor vehicle is authorized to control the [predefined] function. (See Nakata Fig. 1 and [0039] for infrastructure facility 300 with infrastructure management device 330 and gate control device 350. See Fig. 1 and [0039]-[0042] for control of entrance and exit gates, see [0157] for opening exit gate in response to a departure notification from the vehicle. See [0145] for infrastructure management device 330 providing instructions to move the vehicle to park or provide other services. See Fig. 6 and [0080] for transmission of additional available services and response from the vehicle. See Fig. 8 for example services.) Nakata does not explicitly teach that the pre-provisioned digital key authorizes the motor vehicle to control a predefined function of the infrastructure. That is to say that while Nakata teaches authorization of the vehicle to request services in general from the infrastructure element, it does not teach the association of a specific digital key with a specific or individual function. However, Lehmann teaches a method of accessing personalized services (See Lehmann [0018]-[0021]) wherein a personalized key may be assigned to an individual or to a specific service (See Lehmann [0021]). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the application, to modify the system of Nakata to include the personalized keys of Lehmann in order to allow for control of personalized access to the different services available to the user. Regarding claim 20, the claim is directed to a method of operating the control system of claim 11 and is rejected under the same rationale. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Nakata (US 20200198620 A1) in view of Lehmann (US 20140096217 A1) and Hayward (US 9832241 B1). Regarding claim 16, Nakata in view of Lehmann teaches: The control system according to claim 15, further comprising: a mobile device, (See Fig. 16 and [0162]-[0177] for user option terminal 490 which may be a smartphone.) Nakata does not explicitly teach: wherein the mobile device is configured to establish the wireless connection to the infrastructure and to perform a bilateral authentication via the connection, and wherein enabling of a function of the infrastructure is controlled with regard to a request by way of the motor vehicle via the wireless connection. Examiner notes that this is essentially the same as replacing the vehicle-side communication device 110 of Nakata Fig. 1 with the mobile device. Examiner asserts that it is commonly known in the art for vehicles which lack their own wireless communication capabilities to use the communication capabilities of a connected smartphone or similar device. For example, Hayward teaches a system of vehicle communication and information sharing incorporating mobile devices (See Hayward Fig. 2 and col 12 ln 48 to col 14 ln 22 for mobile devices 204 which communicate with any other device, including infrastructure 208.) It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the application, to modify the system of Nakata to incorporate the use of a mobile device to facilitate communication between the vehicle and the infrastructure, as taught in Hayward, in the case that the vehicle does not possess the necessary capability to do so on its own. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB KENT BESTEMAN-STREET whose telephone number is (571)272-2501. The examiner can normally be reached M-TH 8:00-5:00. 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, Peter Nolan can be reached on 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 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. /JACOB KENT BESTEMAN-STREET/ Examiner, Art Unit 3661
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Prosecution Timeline

Jul 26, 2024
Application Filed
Nov 06, 2025
Non-Final Rejection mailed — §103
Feb 05, 2026
Response Filed
Jun 08, 2026
Final Rejection mailed — §103
Sep 08, 2026
Request for Continued Examination
Sep 12, 2026
Response after Non-Final Action
Sep 29, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12693131
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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
89%
Grant Probability
91%
With Interview (+2.3%)
2y 6m (~3m remaining)
Median Time to Grant
High
PTA Risk
Based on 132 resolved cases by this examiner. Grant probability derived from career allowance rate.

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