Prosecution Insights
Last updated: July 17, 2026
Application No. 18/796,412

VEHICLE AND METHOD OF CONTROLLING VEHICLE

Final Rejection §103
Filed
Aug 07, 2024
Priority
Jan 31, 2020 — JP 2020-015716 +3 more
Examiner
DAGER, JONATHAN M
Art Unit
3663
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Motor Corporation
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
9m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
706 granted / 859 resolved
+30.2% vs TC avg
Minimal +5% lift
Without
With
+4.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
23 currently pending
Career history
880
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
67.6%
+27.6% vs TC avg
§102
17.9%
-22.1% vs TC avg
§112
8.4%
-31.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 859 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. 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 2. Although not addressed, the prior rejections to claims 3 and 4 under 35 U.S.C. 112(b) have been withdrawn in view of the amendments provided1. 3. Applicant’s contention (see pages 4 and 5 filed 31 March 2026) with respect to the rejection of claims 3 and 4 under 35 U.S.C. 102 has been fully considered and is persuasive in view of the amendments provided. Therefore, the rejection of claims 3 and 4 under 35 U.S.C. 102 has been withdrawn. However, upon further consideration, new grounds of rejection are warranted (see below). Claim Rejections - 35 USC § 103 4. 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 3 and 4 rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2022/0032905), and further in view of Sabbatini (US 2020/0398843). Regarding claims 3 and 4, Lee discloses a vehicle and associated control method on which an autonomous driving system is mountable (autonomous driving control system and method for a vehicle; Lee at abstract, 0057), the vehicle comprising: A vehicle platform that carries out vehicle control in accordance with a command from the autonomous driving system (vehicle controller; Lee at 0042). A vehicle control interface that interfaces between the autonomous driving system and the vehicle platform (vehicle controller interfaces with all control components; Lee at 0042). A first command that requests for an acceleration value or a deceleration value and a second command that requests for immobilization of the vehicle are transmitted from the autonomous driving system to the vehicle platform through the vehicle control interface (autonomous driving control system implements vehicle control in steering and speed via the vehicle controller; Lee at 0054, 0061) A signal indicating a standstill state of the vehicle is transmitted from the vehicle platform to the autonomous driving system through the vehicle control interface (vehicle stop state sensed and transmitted to autonomous driving system; Lee at 0048, 0090) When a request for deceleration is made to the vehicle platform in the first command (stop strategy; Lee at 0055, 0068), the vehicle platform transmits the signal to the autonomous driving system at time when the vehicle comes to a standstill (vehicle is stopped; Lee at 0048, 0090), and the vehicle platform immobilizes the vehicle in response to the second command received after transmission of the signal (vehicle immobilized via transmission shift and parking brake; Lee at 0077, 0096). Lee is silent as to in releasing immobilization of the vehicle, a request for release of immobilization of the vehicle is made in the second command and the request for deceleration is made in the first command while the vehicle is in a standstill. Sabbatini teaches a hill holding invention in an autonomous vehicle, wherein when the immobilization release command is presented, the request for deceleration, i.e. service brake application, is still maintained while the vehicle is at a standstill (Sabbatini at 0021, 0055, 0113). It would be obvious to one of ordinary skill in the art before the time of the claimed invention to augment the base invention of Lee with the rollback prevention of Sabbatini. Doing so would provide a safer way to resume autonomous motion of the vehicle after an immobilization condition is released. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M DAGER whose telephone number is (571)270-1332. The examiner can normally be reached on M-F 0830-1730. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Angela Ortiz can be reached on 571-272-1206. 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. /JONATHAN M DAGER/ Primary Examiner, Art Unit 3663 10 June 2026 1 The claims are rendered definite, and there are now no contingent limitations.
Read full office action

Prosecution Timeline

Aug 07, 2024
Application Filed
Jan 05, 2026
Non-Final Rejection mailed — §103
Mar 31, 2026
Response Filed
Jun 12, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12681792
NOTIFICATION DEVICE AND CONTROL DEVICE
1y 11m to grant Granted Jul 14, 2026
Patent 12654723
VEHICLE-IN-VIRTUAL-ENVIRONMENT (VVE) METHODS AND SYSTEMS FOR AUTONOMOUS DRIVING SYSTEM
4y 3m to grant Granted Jun 16, 2026
Patent 12630156
VEHICLE CONTROL DEVICE, VEHICLE CONTROL METHOD, AND STORAGE MEDIUM
2y 5m to grant Granted May 19, 2026
Patent 12630998
WORK VEHICLE
1y 8m to grant Granted May 19, 2026
Patent 12623571
Power Control Apparatus And Vehicle Having The Same
2y 9m to grant Granted May 12, 2026
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
82%
Grant Probability
87%
With Interview (+4.7%)
2y 8m (~9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 859 resolved cases by this examiner. Grant probability derived from career allowance rate.

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