Prosecution Insights
Last updated: May 29, 2026
Application No. 18/824,465

SAFE ORCHESTRATION OF ELECTROMECHANICAL ACTUATORS OF A DRIVE-BY-WIRE SYSTEM OF AN AUTOMATED VEHICLE

Non-Final OA §103
Filed
Sep 04, 2024
Priority
Sep 05, 2023 — EU 23 195 527.9
Examiner
SHAIKH, FARIS ASIM
Art Unit
3668
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Embotech AG
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
96 granted / 137 resolved
+18.1% vs TC avg
Strong +23% interview lift
Without
With
+22.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
22 currently pending
Career history
164
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
92.0%
+52.0% vs TC avg
§102
0.9%
-39.1% vs TC avg
§112
3.1%
-36.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 137 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 . Status of Claims This Office Action is in response to the application filed on 09/04/2024. Claims 1-19 are presently pending and are presented for examination. Priority Acknowledgment is made of applicant's claim for foreign priority based on an application filed in European Union on 2023-09-05. It is noted, however, that applicant has not filed a certified copy of the 23 195 527.9 application as required by 37 CFR 1.55. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 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 1, and 13-19 are rejected under 35 U.S.C. § 103 as being unpatentable over Pfadler et al., US-20210037495-A1, and in view of Nishimura, US-20140107893-A1, and Ueno, US-20220118995-A1, hereinafter referred to as Pfadler, Nishimura, and Ueno. As per claim 1 Pfadler discloses [a] method of driving an automated vehicle comprising a drive-by-wire (DbW) system with electromechanical actuators, wherein the method comprises, at a validation unit (an automated vehicle (AV) remotely driven by a control/command center (CC)…directly controls one or more actuators of the AV. - Pfadler ¶11): receiving, from a motion planning unit, [travel instructions with time points] (input data comprises information related to time stamps of a predefined time clock, predicted delay of the DL at the CC 100 is used and more control commands (control information for different time points) are sent and the AV 200 interpolates/extrapolates them - Pfadler ¶41 & ¶89); triggering an actuation sequence by generating effective commands based on the [received] commands received and timely sending the effective commands generated to the electromechanical actuators, whereby an effective command containing an effective instruction is repeatedly generated for and sent to each actuator of said electromechanical actuators, wherein each effective command of at least some of the effective commands sent to said each actuator is generated by (applying 28 of the delay compensated control information may comprise controlling actuators of the transportation vehicle in line with time compensated control information, determined and provided for two or more time points. At the CC 100 (method 10) the determining 18 of the control information then comprises determining different control information for at least two different future time points to enable time interpolation or extrapolation of the control information at the transportation vehicle 200 for at least partly compensating the downlink delay. The determining 26 of the delay compensation on the AV 200 side comprises interpolating or extrapolating the control information based on the at least two time stamps to an application time point of the control information - Pfadler ¶42 & ¶77); selecting, among the [delayed] commands received in respect of said each actuator, two or more [delayed] commands in accordance with an effective time point, the latter corresponding to a current time point corrected to [account for time delays] (determining different control information for at least two different future time points to enable time interpolation or extrapolation of the control information at the transportation vehicle for at least partly compensating the downlink delay., control information comprises at least on time stamp of a predefined time clock. The method 20 further comprises determining 26 a delay compensation for the control information based on the time stamp to obtain delay compensated control information, and applying 28 the delay compensated control information to the transportation vehicle. The applying 28 of the delay compensated control information may comprise controlling actuators of the transportation vehicle in line with time compensated control information - Pfadler ¶28 & ¶42); determining the effective instruction of said each effective command based on [delayed] instructions of the two or more [delayed] commands selected and their respective execution times (determining 26 of the delay compensation on the AV 200 side comprises interpolating or extrapolating the control information based on the at least two time stamps to an application time point of the control information - Pfadler ¶77). Pfadler does not specifically disclose provisional commands containing provisional instructions with respective execution times, the provisional commands designed to be executed by respective ones of the electromechanical actuators to cause the vehicle to follow a drivable trajectory; provisional commands. However, Nishimura teaches provisional commands containing provisional instructions with respective execution times, the provisional commands designed to be executed by respective ones of the electromechanical actuators to cause the vehicle to follow a drivable trajectory; provisional commands (controlling the motor with a provisional drive signal, restriction for the provisional drive signal is enhanced depending on the elapsed time – Nishimura Fig 2 + ¶10 & ¶45). Pfadler discloses delay compensation in teleoperated driving (ToD). Nishimura teaches an electric power steering apparatus that drive-controls a motor. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Pfadler, delay compensation in teleoperated driving (ToD), with an electric power steering apparatus that drive-controls a motor, as taught by Nishimura, with a reasonable expectation of success so that if a CPU failure occurred, it is possible to suspend the motor driving after having kept the least power steering function, see Nishimura ¶11 for details. Pfadler does not specifically disclose compensate for an actuator delay of said each actuator. However, Ueno teaches compensate for an actuator delay of said each actuator (delay elements in the motion control of vehicle 10 include, for example, the response delay of the actuator, the delay of the signal indicating the target trajectory point (that is, the signal relating to the target trajectory), and the delay of the vehicle itself, and predetermined time period PPT is determined based on those delay elements so as to suppress the delay of the actual traveling trajectory with respect to the target trajectory – Ueno ¶101). Pfadler discloses delay compensation in teleoperated driving (ToD). Ueno teaches a vehicle control system to control a motion of a vehicle based on a target trajectory. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Pfadler, delay compensation in teleoperated driving (ToD), with a vehicle control system to control a motion of a vehicle based on a target trajectory, as taught by Ueno, with a reasonable expectation of success to improve the delay of the traveling trajectory with respect to the target trajectory, see Ueno ¶161 for details. As per claim 13 Pfadler further discloses wherein the motion planning unit and the validation unit form part of a central control unit, which is distinct from the vehicle, and the central control unit is in data communication with the vehicle, for the validation unit to timely send the effective commands generated to the electromechanical actuators, and with a set of perception sensors arranged across a designated area, for the motion planning unit to compute said provisional commands based on signals from the perception sensors, whereby the central control unit is configured to steer the automated vehicle in the designated area (commands initiated by a control operator input at a remote-control console, determining different control information for at least two different future time points to enable time interpolation or extrapolation of the control information at the transportation vehicle for at least partly compensating the downlink delay, CC 100 receives some sensor input from the AV 200 as input data. Along with this time-stamped data, input data may comprise one or more elements of the group of information related to video data obtained at the transportation vehicle 200, information related to sensor data obtained at the transportation vehicle 200 - Pfadler Fig 3 (34, 44) + ¶13 & ¶28 & ¶63 & ¶64). As per claim 14 Pfadler further discloses wherein the set of perception sensors, the motion planning unit, and the validation unit, are configured so that the central control unit is adapted to steer a plurality of automated vehicles in the designated area (CC 100 receives some sensor input from the AV 200 as input data. Along with this time-stamped data, input data may comprise one or more elements of the group of information related to video data obtained at the transportation vehicle 200, information related to sensor data obtained at the transportation vehicle 200 - Pfadler Fig 3 (34, 44) + ¶63 & ¶64). As per claim 15 Pfadler discloses [a] system for driving an automated vehicle, the system comprising: an automated vehicle having a drive-by-wire (DbW) system with electromechanical actuators (an automated vehicle (AV) remotely driven by a control/command center (CC)…directly controls one or more actuators of the AV. - Pfadler ¶11): a motion planning unit; and a validation unit, which is configured to (control modules 34 , 44 may be implemented using one or more processing units - Pfadler ¶54): receiving, from a motion planning unit, [travel instructions with time points] (input data comprises information related to time stamps of a predefined time clock, predicted delay of the DL at the CC 100 is used and more control commands (control information for different time points) are sent and the AV 200 interpolates/extrapolates them - Pfadler ¶41 & ¶89); trigger an actuation sequence by generating effective commands based on the [received] commands received and timely sending the effective commands generated to the electromechanical actuators, wherein, in operation, an effective command containing an effective instruction is repeatedly generated for and sent to each actuator of said electromechanical actuators, and each effective command of at least some of the effective commands sent to said each actuator is generated by (applying 28 of the delay compensated control information may comprise controlling actuators of the transportation vehicle in line with time compensated control information, determined and provided for two or more time points. At the CC 100 (method 10) the determining 18 of the control information then comprises determining different control information for at least two different future time points to enable time interpolation or extrapolation of the control information at the transportation vehicle 200 for at least partly compensating the downlink delay. The determining 26 of the delay compensation on the AV 200 side comprises interpolating or extrapolating the control information based on the at least two time stamps to an application time point of the control information - Pfadler ¶42 & ¶77); selecting, among the [delayed] commands received in respect of said each actuator, two or more [delayed] commands in accordance with an effective time point, the latter corresponding to a current time point corrected to [account for time delays] (determining different control information for at least two different future time points to enable time interpolation or extrapolation of the control information at the transportation vehicle for at least partly compensating the downlink delay., control information comprises at least on time stamp of a predefined time clock. The method 20 further comprises determining 26 a delay compensation for the control information based on the time stamp to obtain delay compensated control information, and applying 28 the delay compensated control information to the transportation vehicle. The applying 28 of the delay compensated control information may comprise controlling actuators of the transportation vehicle in line with time compensated control information - Pfadler ¶28 & ¶42); determining the effective instruction of said each effective command based on [delayed] instructions of the two or more [delayed] commands selected and their respective execution times (determining 26 of the delay compensation on the AV 200 side comprises interpolating or extrapolating the control information based on the at least two time stamps to an application time point of the control information - Pfadler ¶77). Pfadler does not specifically disclose provisional commands containing provisional instructions with respective execution times, the provisional commands designed to be executed by respective ones of the electromechanical actuators to cause the vehicle to follow a drivable trajectory; provisional commands. However, Nishimura teaches provisional commands containing provisional instructions with respective execution times, the provisional commands designed to be executed by respective ones of the electromechanical actuators to cause the vehicle to follow a drivable trajectory; provisional commands (controlling the motor with a provisional drive signal, restriction for the provisional drive signal is enhanced depending on the elapsed time – Nishimura Fig 2 + ¶10 & ¶45). Pfadler discloses delay compensation in teleoperated driving (ToD). Nishimura teaches an electric power steering apparatus that drive-controls a motor. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Pfadler, delay compensation in teleoperated driving (ToD), with an electric power steering apparatus that drive-controls a motor, as taught by Nishimura, with a reasonable expectation of success so that if a CPU failure occurred, it is possible to suspend the motor driving after having kept the least power steering function, see Nishimura ¶11 for details. Pfadler does not specifically disclose compensate for an actuator delay of said each actuator. However, Ueno teaches compensate for an actuator delay of said each actuator (delay elements in the motion control of vehicle 10 include, for example, the response delay of the actuator, the delay of the signal indicating the target trajectory point (that is, the signal relating to the target trajectory), and the delay of the vehicle itself, and predetermined time period PPT is determined based on those delay elements so as to suppress the delay of the actual traveling trajectory with respect to the target trajectory – Ueno ¶101). Pfadler discloses delay compensation in teleoperated driving (ToD). Ueno teaches a vehicle control system to control a motion of a vehicle based on a target trajectory. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Pfadler, delay compensation in teleoperated driving (ToD), with a vehicle control system to control a motion of a vehicle based on a target trajectory, as taught by Ueno, with a reasonable expectation of success to improve the delay of the traveling trajectory with respect to the target trajectory, see Ueno ¶161 for details. As per claim 16 Pfadler further discloses wherein the system comprises a central control unit, which is distinct from the vehicle and includes the motion planning unit and the validation unit, and the central control unit is in data communication with the vehicle, for the validation unit to timely send the effective commands generated to the electromechanical actuators, and with a set of perception sensors arranged across a designated area, for the motion planning unit to compute said provisional commands based on signals from the perception sensors, whereby the central control unit is configured to steer the automated vehicle in the designated area, in operation (commands initiated by a control operator input at a remote-control console, determining different control information for at least two different future time points to enable time interpolation or extrapolation of the control information at the transportation vehicle for at least partly compensating the downlink delay, CC 100 receives some sensor input from the AV 200 as input data. Along with this time-stamped data, input data may comprise one or more elements of the group of information related to video data obtained at the transportation vehicle 200, information related to sensor data obtained at the transportation vehicle 200 - Pfadler Fig 3 (34, 44) + ¶13 & ¶28 & ¶63 & ¶64). As per claim 17 Pfadler further discloses wherein the system includes a plurality of automated vehicles, each according to said automated vehicle, and the set of perception sensors, the motion planning unit, and the validation unit, are configured so that the central control unit is adapted to steer said plurality of automated vehicles in the designated area (CC 100 receives some sensor input from the AV 200 as input data. Along with this time-stamped data, input data may comprise one or more elements of the group of information related to video data obtained at the transportation vehicle 200, information related to sensor data obtained at the transportation vehicle 200 - Pfadler Fig 3 (34, 44) + ¶63 & ¶64). As per claim 18 Pfadler further discloses wherein the perception sensors are movable sensors, which can be relocated across the designated area, and the central control unit is further configured to instruct to move one or more of the movable sensors across the designated area for the movable sensors to be able to sense at least a part of the designated area and generate corresponding detection signals (AV 200 provides sensor data and feedback of previous downlink latencies to the CC 100 - Pfadler ¶80). As per claim 19 Pfadler discloses [a] computer program product for driving an automated vehicle comprising a drive-by-wire (DbW) system with electromechanical actuators, the computer program product comprising a computer readable storage medium having program instructions embodied therewith, the program instructions executable by processing means of a validation unit to cause the latter to (an automated vehicle (AV) remotely driven by a control/command center (CC)…directly controls one or more actuators of the AV., computer program having a program code for performing one or more of the described methods, when the computer program is executed on a computer, processor, or programmable hardware component - Pfadler ¶11 & ¶34): receiving, from a motion planning unit, [travel instructions with time points] (input data comprises information related to time stamps of a predefined time clock, predicted delay of the DL at the CC 100 is used and more control commands (control information for different time points) are sent and the AV 200 interpolates/extrapolates them - Pfadler ¶41 & ¶89); trigger an actuation sequence by generating effective commands based on the [received] commands received and timely sending the effective commands generated to the electromechanical actuators, wherein, in operation, an effective command containing an effective instruction is repeatedly generated for and sent to each actuator of said electromechanical actuators, and each effective command of at least some of the effective commands sent to said each actuator is generated by (applying 28 of the delay compensated control information may comprise controlling actuators of the transportation vehicle in line with time compensated control information, determined and provided for two or more time points. At the CC 100 (method 10) the determining 18 of the control information then comprises determining different control information for at least two different future time points to enable time interpolation or extrapolation of the control information at the transportation vehicle 200 for at least partly compensating the downlink delay. The determining 26 of the delay compensation on the AV 200 side comprises interpolating or extrapolating the control information based on the at least two time stamps to an application time point of the control information - Pfadler ¶42 & ¶77); selecting, among the [delayed] commands received in respect of said each actuator, two or more [delayed] commands in accordance with an effective time point, the latter corresponding to a current time point corrected to [account for time delays] (determining different control information for at least two different future time points to enable time interpolation or extrapolation of the control information at the transportation vehicle for at least partly compensating the downlink delay., control information comprises at least on time stamp of a predefined time clock. The method 20 further comprises determining 26 a delay compensation for the control information based on the time stamp to obtain delay compensated control information, and applying 28 the delay compensated control information to the transportation vehicle. The applying 28 of the delay compensated control information may comprise controlling actuators of the transportation vehicle in line with time compensated control information - Pfadler ¶28 & ¶42); determining the effective instruction of said each effective command based on [delayed] instructions of the two or more [delayed] commands selected and their respective execution times (determining 26 of the delay compensation on the AV 200 side comprises interpolating or extrapolating the control information based on the at least two time stamps to an application time point of the control information - Pfadler ¶77). Pfadler does not specifically disclose provisional commands containing provisional instructions with respective execution times, the provisional commands designed to be executed by respective ones of the electromechanical actuators to cause the vehicle to follow a drivable trajectory; provisional commands. However, Nishimura teaches provisional commands containing provisional instructions with respective execution times, the provisional commands designed to be executed by respective ones of the electromechanical actuators to cause the vehicle to follow a drivable trajectory; provisional commands (controlling the motor with a provisional drive signal, restriction for the provisional drive signal is enhanced depending on the elapsed time – Nishimura Fig 2 + ¶10 & ¶45). Pfadler discloses delay compensation in teleoperated driving (ToD). Nishimura teaches an electric power steering apparatus that drive-controls a motor. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Pfadler, delay compensation in teleoperated driving (ToD), with an electric power steering apparatus that drive-controls a motor, as taught by Nishimura, with a reasonable expectation of success so that if a CPU failure occurred, it is possible to suspend the motor driving after having kept the least power steering function, see Nishimura ¶11 for details. Pfadler does not specifically disclose compensate for an actuator delay of said each actuator. However, Ueno teaches compensate for an actuator delay of said each actuator (delay elements in the motion control of vehicle 10 include, for example, the response delay of the actuator, the delay of the signal indicating the target trajectory point (that is, the signal relating to the target trajectory), and the delay of the vehicle itself, and predetermined time period PPT is determined based on those delay elements so as to suppress the delay of the actual traveling trajectory with respect to the target trajectory – Ueno ¶101). Pfadler discloses delay compensation in teleoperated driving (ToD). Ueno teaches a vehicle control system to control a motion of a vehicle based on a target trajectory. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Pfadler, delay compensation in teleoperated driving (ToD), with a vehicle control system to control a motion of a vehicle based on a target trajectory, as taught by Ueno, with a reasonable expectation of success to improve the delay of the traveling trajectory with respect to the target trajectory, see Ueno ¶161 for details. Claim 10 is rejected under 35 U.S.C. § 103 as being unpatentable over Pfadler, Nishimura, and Ueno, as per claim 1, and further in view of Zhang et al., US-20230152796-A1, hereinafter referred to as Zhang. As per claim 10 Pfadler does not specifically disclose wherein the motion planning unit is implemented by a first processing system, the validation unit is implemented by a second processing system, each of the first processing system and the second processing system is distinct from the DbW system, and the method further comprises repeatedly coordinating independent clocks of the first processing system, the second processing system, and the DbW system, to ensure synchronization across the first processing system, the second processing system, and the DbW system, based on local time messages repeatedly sent from the second processing system to several recipients across the first processing system and the DbW system, for each of said recipients to accordingly adjust its internal clock. However, Zhang teaches wherein the motion planning unit is implemented by a first processing system, the validation unit is implemented by a second processing system, each of the first processing system and the second processing system is distinct from the DbW system, and the method further comprises repeatedly coordinating independent clocks of the first processing system, the second processing system, and the DbW system, to ensure synchronization across the first processing system, the second processing system, and the DbW system, based on local time messages repeatedly sent from the second processing system to several recipients across the first processing system and the DbW system, for each of said recipients to accordingly adjust its internal clock (planning system 404 updates the at least one trajectory or generates at least one different trajectory based on the data generated by localization system 406, control system 408 and a DBW system 202h synchronize their internal timers with a GNSS timestamp…control system 408 generates a timestamp related to when it finished computing the updated control parameters, and transmits the timestamp along with the updated control parameters to the DBW system 202h…. When the DBW system 202h receives the updated control parameters, it uses the first timestamp and the second timestamp to calculate a delay related to the control parameters. - Zhang Fig 2 (202f, 202h) & Fig 4 (408, 404) + ¶58 & ¶65). Pfadler discloses delay compensation in teleoperated driving (ToD). Zhang teaches systems and methods for vehicle control time delay compensation. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Pfadler, delay compensation in teleoperated driving (ToD), with systems and methods for vehicle control time delay compensation, as taught by Zhang, with a reasonable expectation of success so that the lateral error and heading error calculation can be corrected by the distance traveled so that the navigation of the vehicle is adjusted to follow the intended path, see Zhang ¶77 for details. Allowable Subject Matter Claims 2-9, and 11-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARIS ASIM SHAIKH whose telephone number is (571)272-6426. The examiner can normally be reached 8:00-5:30 M-F EST. 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, Fadey S. Jabr can be reached at 571-272-1516. 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. /F.A.S./Examiner, Art Unit 3668 /Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
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Prosecution Timeline

Sep 04, 2024
Application Filed
Jan 08, 2026
Non-Final Rejection mailed — §103
Apr 06, 2026
Response Filed

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