Prosecution Insights
Last updated: April 19, 2026
Application No. 18/848,933

CONTROL DEVICE, CONTROL METHOD, AND CONTROL PROGRAM

Non-Final OA §102
Filed
Sep 20, 2024
Examiner
SARWAR, BABAR
Art Unit
3667
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Honda Motor Co. Ltd.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
893 granted / 1043 resolved
+33.6% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
27 currently pending
Career history
1070
Total Applications
across all art units

Statute-Specific Performance

§101
10.8%
-29.2% vs TC avg
§103
40.3%
+0.3% vs TC avg
§102
27.1%
-12.9% vs TC avg
§112
12.1%
-27.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1043 resolved cases

Office Action

§102
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 Claims 1-9 are presented for examination. Claims 1, 3-9 are rejected. Claim 2 is objected to. Claim Rejections - 35 USC § 102 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. Claim(s) 1, 3-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ICHINOSE et al. (US Pub. No.: 2020/0086830 A1: hereinafter “ICHINOSE”). Consider claims 1, 8-9: ICHINOSE teaches a control device for a moving object (Figs. 1, 8 elements 10-14, 42 “the vehicle V has a driving system electronic control unit 10…the terminal control unit 42”), a non-transitory computer-readable storage medium (Figs. 1, 8 elements 10-14, 42, “…The application program can be provided with being recorded in a non-transitory recording medium with which a computer can read the program, and the “computer-readable recording medium” includes an optical medium such as a CD-ROM (Compact Disc-ROM), a magnetic recording medium such as a memory card, and the like. Also, the application program can be downloaded through a network…”), and a method for a moving object (Fig. 1 element V “a vehicle V”) that includes an opening and closing body (See ICHINOSE, e.g., “…A vehicle entry system that comprises a portable terminal and an onboard device that wirelessly communicates with the portable terminal. The onboard device has a door opening/closing unit that can lock a vehicle door in a closed state and open the vehicle door to a prescribed angle; and an onboard control unit that, on the basis of commands transmitted from an authenticated portable terminal, controls a vehicle drive system and the door opening/closing unit…A plurality of icons are displayed on the touch panel includes an advance-and-open-door icon for giving a command to advance the vehicle door and then open the vehicle door; and a reverse-and-open-door icon for giving a command to reverse the vehicle door and, after reversing, to open the vehicle door…”, of Abstract, ¶ [0007]-¶ [0010], and Figs. 1, 8 elements 1-102, Figs. 2-3 elements 3-52, A-V, Figs. 5C-E elements 3-52, and Figs. 4, 9-12 steps S1-S28), the control method comprising: acquiring a position of a user of the moving object (See ICHINOSE, e.g., “…the portable terminal 3 carried by a user U is arranged in a range of a communicable area A formed around the vehicle V by the wireless communication unit 11 of the in-vehicle device 2, a predetermined operation for remotely controlling the vehicle V is performed on the touch panel 52 of the portable terminal 3 and instruction information corresponding to the operation is transmitted from the portable terminal 3 to the in-vehicle device 2 of the vehicle V. The in-vehicle control unit 14 of the in-vehicle device 2 controls the driving system of the vehicle V and the door opening and closing unit 12, based on the received instruction information…”, of ¶ [0007]-¶ [0010], ¶ [0033]-¶ [0034], ¶ [0053]-¶ [0057], and Figs. 1, 8 elements 1-102, Figs. 2-3 elements 3-52, A-V, Figs. 5C-E elements 3-52, and Figs. 4, 9-12 steps S1-S28); and causing a processor (Figs. 1, 8 elements 10-14, 42 “the vehicle V has a driving system electronic control unit 10…the terminal control unit 42”) configured to perform movement control of the moving object (Fig. 1 element V “a vehicle V”) based on a specific operation on an information terminal portable by the user (See ICHINOSE, e.g., “…instruction information corresponding to the operation is transmitted from the portable terminal 3 to the in-vehicle device 2 of the vehicle V. The in-vehicle control unit 14 of the in-vehicle device 2 controls the driving system of the vehicle V and the door opening and closing unit 12, based on the received instruction information…”, of ¶ [0007]-¶ [0010], ¶ [0033]-¶ [0034], ¶ [0053]-¶ [0057], and Figs. 1, 8 elements 1-102, Figs. 2-3 elements 3-52, A-V, Figs. 5C-E elements 3-52, and Figs. 4, 9-12 steps S1-S28) to set, in response to an opening and closing reservation of the opening and closing body being received (See ICHINOSE, e.g., “…The driving system (driving engine) of the vehicle V is enabled to start by control of the driving system of the vehicle V made by the in-vehicle control unit 14, so that the vehicle V is straightly moved rearwards. After the vehicle V is retreated to a position at which the driver seat door of the vehicle V can be opened to an opening degree (for example, 45°) enough to get in the vehicle, the vehicle V is stopped. Also, as required, the driver seat door is automatically opened to the predetermined opening degree enough to get in the vehicle by control of the door opening and closing unit 12 made by the in-vehicle control unit 14…”, of ¶ [0007]-¶ [0010], ¶ [0033]-¶ [0034], ¶ [0053]-¶ [0057], and Figs. 1, 8 elements 1-102, Figs. 2-3 elements 3-52, A-V, Figs. 5C-E elements 3-52, and Figs. 4, 9-12 steps S1-S28), a target movement position of the movement control (Figs. 2-3 elements 3-52, A-V, e.g., “… the driver seat door is automatically opened to the predetermined opening degree enough to get in the vehicle by control of the door opening and closing unit 12 made by the in-vehicle control unit 14…”) based on a positional relationship between the specific opening and closing body for which the opening and closing reservation is set and the user (See ICHINOSE, e.g., “…When the advance instruction is received (step S5-1), the in-vehicle control unit 14 advances the vehicle V to a position at which the driver seat door can be opened (step S6a). Also, when the advance and door opening instruction is received (step S5-2), the in-vehicle control unit 14 advances the vehicle V to the position at which the driver seat door can be opened (step S7a) and additionally opens the driver seat door to the predetermined opening degree after the advance (step S8a)…when the retreat instruction is retreated (step S5-3), the in-vehicle control unit 14 retreats the vehicle V to the position at which the driver seat door can be opened (step S9a). Also, when the retreat and door opening instruction is received (step S5-4), the in-vehicle control unit 14 retreats the vehicle V to the position at which the driver seat door can be opened (step S10a) and additionally opens the driver seat door to a predetermined opening degree after the retreat (step S11a)…”, of ¶ [0033]-¶ [0034], ¶ [0053]-¶ [0057], ¶ [0060]-¶ [0064], ¶ [0072]-¶ [0074], ¶ [0092]-¶ [0100], and Figs. 1, 8 elements 1-102, Figs. 2-3 elements 3-52, A-V, Figs. 5C-E elements 3-52, and Figs. 4, 9-12 steps S1-S28). Consider claim 3: ICHINOSE teaches everything claimed as implemented above in the rejection of claim 1. In addition, ICHINOSE teaches wherein the processor automatically receives the opening and closing reservation of the opening and closing body based on a determination result of a state of the user of the moving object (See ICHINOSE, e.g., “…The driving system (driving engine) of the vehicle V is enabled to start by control of the driving system of the vehicle V made by the in-vehicle control unit 14, so that the vehicle V is straightly moved rearwards. After the vehicle V is retreated to a position at which the driver seat door of the vehicle V can be opened to an opening degree (for example, 45°) enough to get in the vehicle, the vehicle V is stopped. Also, as required, the driver seat door is automatically opened to the predetermined opening degree enough to get in the vehicle by control of the door opening and closing unit 12 made by the in-vehicle control unit 14…”, of ¶ [0007]-¶ [0010], ¶ [0033]-¶ [0034], ¶ [0053]-¶ [0057], and Figs. 1, 8 elements 1-102, Figs. 2-3 elements 3-52, A-V, Figs. 5C-E elements 3-52, and Figs. 4, 9-12 steps S1-S28). Consider claim 4: ICHINOSE teaches everything claimed as implemented above in the rejection of claim 1. In addition, ICHINOSE teaches wherein the processor is configured to recognize an external environment of the moving object (See ICHINOSE, e.g., “…one or more cameras and is configured to capture a surrounding of the vehicle V including the front and rear of the vehicle V and a vehicle-side of the driver seat-side. Although the number and installation locations of the cameras are not particularly limited, the cameras are respectively provided at a front grill, a rear frame and a driver seat-side pillar of the vehicle V…”, of ¶ [0033]-¶ [0034], ¶ [0053]-¶ [0057], ¶ [0060]-¶ [0064], ¶ [0072]-¶ [0074], ¶ [0088]-¶ [0090], ¶ [0092]-¶ [0100], and Figs. 1, 8 elements 1-102, Figs. 2-3 elements 3-52, A-V, Figs. 5C-E elements 3-52, and Figs. 4, 9-12 steps S1-S28), determine availability of opening and closing of the opening and closing body based on a recognition result of the external environment (See ICHINOSE, e.g., “…detect an obstacle existing in the surrounding of the vehicle V from a captured image captured by the imaging unit 15 and to control the door opening and closing unit 12 and the driving system of the vehicle V on the basis of an instruction received from the portable terminal 3 and a detection result of the obstacle…”, of ¶ [0033]-¶ [0034], ¶ [0053]-¶ [0057], ¶ [0060]-¶ [0064], ¶ [0072]-¶ [0074], ¶ [0088]-¶ [0090], ¶ [0092]-¶ [0100], and Figs. 1, 8 elements 1-102, Figs. 2-3 elements 3-52, A-V, Figs. 5C-E elements 3-52, and Figs. 4, 9-12 steps S1-S28), and set the target movement position of the movement control based on a determination result of the availability of opening and closing of the opening and closing body (See ICHINOSE, e.g., “…to control the door opening and closing unit 12 and the driving system of the vehicle V on the basis of an instruction received from the portable terminal 3 and a detection result of the obstacle…”, of ¶ [0033]-¶ [0034], ¶ [0053]-¶ [0057], ¶ [0060]-¶ [0064], ¶ [0072]-¶ [0074], ¶ [0088]-¶ [0090], ¶ [0092]-¶ [0100], and Figs. 1, 8 elements 1-102, Figs. 2-3 elements 3-52, A-V, Figs. 5C-E elements 3-52, and Figs. 4, 9-12 steps S1-S28). Consider claim 5: ICHINOSE teaches everything claimed as implemented above in the rejection of claim 4. In addition, ICHINOSE teaches wherein the processor is configured to determine the availability of opening and closing of the opening and closing body according to a distance between the opening and closing body and a surrounding object and a type of the opening and closing body (See ICHINOSE, e.g., “…The driving system (driving engine) of the vehicle V is enabled to start by control of the driving system of the vehicle V made by the in-vehicle control unit 14, so that the vehicle V is straightly moved rearwards. After the vehicle V is retreated to a position at which the driver seat door of the vehicle V can be opened to an opening degree (for example, 45°) enough to get in the vehicle, the vehicle V is stopped. Also, as required, the driver seat door is automatically opened to the predetermined opening degree enough to get in the vehicle by control of the door opening and closing unit 12 made by the in-vehicle control unit 14…”, of ¶ [0007]-¶ [0010], ¶ [0033]-¶ [0034], ¶ [0053]-¶ [0057], and Figs. 1, 8 elements 1-102, Figs. 2-3 elements 3-52, A-V, Figs. 5C-E elements 3-52, and Figs. 4, 9-12 steps S1-S28). Consider claim 6: ICHINOSE teaches everything claimed as implemented above in the rejection of claim 1. In addition, ICHINOSE teaches wherein the processor is configured to perform opening and closing of the opening and closing body when the moving object arrives at the target movement position (See ICHINOSE, e.g., “…The driving system (driving engine) of the vehicle V is enabled to start by control of the driving system of the vehicle V made by the in-vehicle control unit 14, so that the vehicle V is straightly moved rearwards. After the vehicle V is retreated to a position at which the driver seat door of the vehicle V can be opened to an opening degree (for example, 45°) enough to get in the vehicle, the vehicle V is stopped. Also, as required, the driver seat door is automatically opened to the predetermined opening degree enough to get in the vehicle by control of the door opening and closing unit 12 made by the in-vehicle control unit 14…”, of ¶ [0007]-¶ [0010], ¶ [0033]-¶ [0034], ¶ [0053]-¶ [0057], and Figs. 1, 8 elements 1-102, Figs. 2-3 elements 3-52, A-V, Figs. 5C-E elements 3-52, and Figs. 4, 9-12 steps S1-S28). Consider claim 7: ICHINOSE teaches everything claimed as implemented above in the rejection of claim 1. In addition, ICHINOSE teaches wherein the processor is configured to specify a position of the user based on ultra-wide band communication with the information terminal (See ICHINOSE, e.g., “…transmit and receive information to and from the portable terminal 3 by using wireless communication. A communicable distance of the wireless communication unit 11 is preferably 1 m to several meters, and as a wireless communication method configured to secure the communicable distance, an NFC (Near Field Communication) method prescribed in ISO/IEC21418, a Bluetooth (registered trademark) method prescribed in IEEE 802.15…”, of ¶ [0007]-¶ [0010], ¶ [0033]-¶ [0034], ¶ [0053]-¶ [0057], and Figs. 1, 8 elements 1-102, Figs. 2-3 elements 3-52, A-V, Figs. 5C-E elements 3-52, and Figs. 4, 9-12 steps S1-S28). Allowable Subject Matter Claim 2 is 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. Further, the prior art on record fails to teach or suggest, either in singularity or in combination, the claimed subject matter of claim 2. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kobayashi et al. (US Pat. No.: 12,286,075 B2) teaches “A vehicle control method and a vehicle control device are configured to control the movement of a vehicle based on operation of a terminal device located outside the vehicle. The vehicle receives from the terminal device a first signal indicating that a first button of the terminal device has been pressed. The vehicle doors are unlocked based on the reception of the first signal, and the vehicle is placed in a state in which movement control is permitted.” Van Wiemeersch et al. (US Pub. No.: 2023/0174018 A1) teaches “A vehicle includes a powered door having an actuator to move the door between open and closed positions, a transceiver configured to communicate with one or more mobile devices, and an imaging device oriented to capture images in a region proximate to the powered door. A controller processes the captured images and controls the actuator to move the door to the open position when a mobile device is detected proximate the vehicle and a user is detected in the captured images located in a door detection zone. The controller moves the door to the open position when a face of a user is recognized as an authorized user located in the door detection zone. The controller moves the door to the open position when a gait of the user is detected and identifies the gait are indicative of an authorized user located in the door detection zone.” Any inquiry concerning this communication or earlier communications from the examiner should be directed to BABAR SARWAR whose telephone number is (571)270-5584. The examiner can normally be reached on Mon-Fri 9:00 AM-5:00 PM. 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, Faris S. Almatrahi can be reached on (313)446-4821. 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 https://ppair-my.uspto.gov/pair/PrivatePair. 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. /BABAR SARWAR/Primary Examiner, Art Unit 3667
Read full office action

Prosecution Timeline

Sep 20, 2024
Application Filed
Dec 31, 2025
Response after Non-Final Action
Mar 03, 2026
Non-Final Rejection — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+20.0%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 1043 resolved cases by this examiner. Grant probability derived from career allow rate.

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