Prosecution Insights
Last updated: July 17, 2026
Application No. 18/852,775

CUSTOMIZATION OF DRIVING MODE OF VEHICLES

Final Rejection §103
Filed
Sep 30, 2024
Priority
Mar 30, 2022 — IN 202241019066 +1 more
Examiner
COOLEY, CHASE LITTLEJOHN
Art Unit
3662
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Tvs Motor Company Limited
OA Round
2 (Final)
66%
Grant Probability
Favorable
3-4
OA Rounds
1y 3m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
122 granted / 184 resolved
+14.3% vs TC avg
Strong +19% interview lift
Without
With
+19.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
31 currently pending
Career history
226
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
89.0%
+49.0% vs TC avg
§102
1.6%
-38.4% vs TC avg
§112
2.7%
-37.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 184 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 action is in response to claims filed 03/17/2026. Wherein, claims 1, 4-9, and 11-19 are amended, claims 2, 3, 10, 20, and 21 are cancelled. Claims 1, 4-9, and 11-19 are rejected. Response to Arguments Applicant’s arguments, see REMARKS, filed 3/17/2026, with respect to the rejections of claims 11-15, under 35 USC §112b, have been fully considered and are persuasive. Therefore, the previous rejections under 35 USC §112b have been withdrawn. Applicant’s arguments with respect to the rejections of claims 20 and 21, under 35 USC §101, have been fully considered and are persuasive. Therefore, the previous rejections under 35 USC §101 have been withdrawn. Applicant’s arguments with respect to the rejections of claims 1-5, 7-11, 14, 17, 18, 20, and 21, under 35 USC §102, have been fully considered and are persuasive. Therefore, the previous rejections under 35 USC §102 have been withdrawn. However, a new rejection in view of Uehara is presented below. Applicant’s arguments with respect to claim(s) 6, 12, 13, 15, 16, and 19, rejected under 35 USC §103, have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. Claim(s) 1-5, 7-11, 14, 17, 18, 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Fan et al. (CN111845595A, Machine Translated, “Fan”) in view of Uehara (US 2015/0025731 A1, “Uehara”). Regarding claim 1, Fan discloses a method for realizing driving mode calibrated by electric vehicle user and teaches: A Vehicle Control Unit (VCU), for an electric vehicle, configured to: (the user terminal is directly connected to the network provided by the vehicle, and the on-board network controller forwards the user calibration data to the vehicle controller – See at least ¶ [0075]; the vehicle controller will use the data submitted in step 1 to control the vehicle's movement – See at least ¶ [0049]) receive, from an input device, an input signal comprising a plurality of operational parameters (Step 1: The user connects to the internet via a user terminal, which can be a mobile phone or computer, and enters the user calibration interface. In this interface, the user calibrates control parameter data based on their driving preferences and submits it to the vehicle network server via the internet. The user calibration data is in the form of a one-dimensional data table, with the horizontal axis representing the input signal in the vehicle controller and the vertical axis representing the user's demand mapping. The intensity of the demand is represented by percentages from 0 to 100. The user calibration data is used in the demand mapping module of the user calibration driving mode program segment of the vehicle controller. In this segment, the input signal enters the demand mapping module, and after lookup table linear interpolation, a percentage representing the user's desired demand is obtained, which is then used in subsequent programs; Step 2: After receiving the user's calibration data, the vehicle networking server transmits it to the vehicle-mounted T-BOX via the communication network; Step 3: The T-BOX sends the user calibration data to the vehicle controller via the vehicle CAN network according to the data download protocol – See at least ¶ [0044]-[0046]) associated with a powertrain of the electric vehicle to customize a driving mode of the electric vehicle; (As shown in Figure 5, under driving conditions, the power demand mapping module, acceleration demand mapping module, and deceleration demand mapping module use user calibrated data – See at least ¶ [0058]) compare each of the operational parameters with a corresponding operable limit thereof; (In step 1, the user calibration interface provides detailed descriptions of the control parameters and data calibration range for the user's driving mode. If the user calibration data exceeds the range, an error message will appear, and the data cannot be submitted – See at least ¶ [0052]) in response to each of the operational parameters being within the corresponding operable limit, (In step 1, the user calibration interface provides detailed descriptions of the control parameters and data calibration range for the user's driving mode. If the user calibration data exceeds the range, an error message will appear, and the data cannot be submitted – See at least ¶ [0016]) create a user profile comprising the operational parameters; (Step 4: After receiving the user calibration data, the vehicle controller erases the original data in the storage space and writes the new data – See at least ¶ [0047]) store the user profile; (Step 4: After receiving the user calibration data, the vehicle controller erases the original data in the storage space and writes the new data – See at least ¶ [0047]) in response to each of the operational parameters being within the corresponding operable limit, regulate operation of at least one element of the powertrain based on comparison of the operational parameters and the created user profile; (Step 6: When the user drives the vehicle, select the user-calibrated driving mode. The vehicle controller program will use the user calibration data submitted in Step 1 to control the vehicle's driving – See at least ¶ [0013]) in response to at least one of the operational parameters being beyond the corresponding operable limit, send an alert to the input device indicating that at least one of the operational parameters is beyond the corresponding operable limit; and (In step 1, the user calibration interface provides detailed descriptions of the control parameters and data calibration range for the user's driving mode. If the user calibration data exceeds the range, an error message will appear, and the data cannot be submitted – See at least ¶ [0016]) Fan does not explicitly teach upon sending the alert to the input device: receive, from the input device, a revised input signal comprising revised operational parameters associated with the powertrain of the electric vehicle to customize a driving mode of the electric vehicle, compare each of the revised operational parameters with the corresponding operable limit, and regulate, in response to the comparison, operation of at least one element of the powertrain based on the revised operational parameters. However, Uehara discloses interactive automated driving systems and teaches: upon sending the alert to the input device: (If the desired value falls outside of the range of target values, the interactive automated driving system 300 can send a command to one or more vehicle systems 316 to maintain the target vehicle state in step 420. The interactive automated driving system 300 can also generate an error message in step 422 if the vehicle 200 is maintained in the target vehicle state – See at least ¶ [0056]) receive, from the input device, a revised input signal comprising revised operational parameters associated with the powertrain of the electric vehicle to customize a driving mode of the electric vehicle, (Once the error message is communicated to the driver in step 424, the process 400 loops back to step 402 to receive another current value, and the cycle repeats – See at least ¶ [0056]; Examiner notes that the driver adjusts input, which is read by the sensors in 402, by operating an interface – See at least ¶ [0039]) compare each of the revised operational parameters with the corresponding operable limit, and (In decision block 408 of the process 400, the inter active automated driving system 300 can determine whether the current value falls inside or outside the range of target values. If the current value falls inside the range of target values, the vehicle can be maintained in the current vehicle state, and the process 400 can loop back to step 402 to receive a new current value. If the current value falls outside the range of target values, the interactive automated driving system 300 can send the target vehicle state to one or more vehicle systems 117 – See at least ¶ [0052]) regulate, in response to the comparison, operation of at least one element of the powertrain based on the revised operational parameters. (In step 410 of process 400, the one or more vehicle systems 117 can change the vehicle state from the current vehicle state to the target vehicle state – See at least ¶ [0052]) In summary, Fan discloses a method for realizing a driving mode calibrated by an electric vehicle user. Fan further teaches identifying when the user settings are beyond the system thresholds and in response to these values being beyond a threshold, warning a user of the error. Fan further teaches that the user is not satisfied with the settings they may revise the settings to be satisfactory. Fan does not explicitly teach that the user settings being outside of the threshold is a state where the user would find the setting unsatisfactory and revise. However, Uehara discloses an interactive automated driving system and teaches that the user may adjust the vehicle settings, speed, velocity, etc. by interacting with a user interface. Uehara further teaches that if the setting is beyond a limitation of the system an alert will be sent to the user and the user can revise their input to be within the limitations of the system. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method for realizing driving mode calibrated by electric vehicle user of Fan to provide for the interactive automated driving system, as taught in Uehara, to provide a driving system that effectively learns the preferences of a given driver over time. (At Uehara ¶ [0002]) Regarding claims 4 and 17, Fan further teaches: wherein at least one element of the powertrain comprises: a motor that provides driving force to drive the electric vehicle; (The system comprises a motor – See at least ¶ [0060]) a transmission assembly that transmits driving force from the motor to a drive wheel of the electric vehicle; and a battery that provides electrical power to components of the electric vehicle. Regarding claims 5 and 18, Fan further teaches: wherein for the regulation of operation of the at least one element of the powertrain, the VCU is configured to trigger at least one of: a Motor Control unit (MCU) to modify an MCU mapping, wherein the MCU is configured to control a motor of the electric vehicle; (The power demand mapping module maps the user's power demand for the vehicle through the accelerator pedal opening input signal, the acceleration demand mapping module maps the user's acceleration demand for the vehicle through the positive rate of change of the accelerator pedal opening input signal, and the deceleration demand mapping module maps the user's deceleration demand for the vehicle through the negative rate of change of the accelerator pedal opening input signal – See at least ¶ [0059]; This information is further used to determine the control of the electric motor – See at least ¶ [0060]-[0062]) a Transmission Control Unit (TCU) to modify a TCU mapping, wherein the TCU is configured to control a transmission assembly of the electric vehicle; and a Battery Management System (BMS) to modify a BMS mapping, wherein the BMS is configured to control a battery of the electric vehicle. Regarding claim 7, Fan discloses a method for realizing driving mode calibrated by electric vehicle user and teaches: An electric vehicle comprising: (the invention is directed towards electric vehicles – See at least ¶ [0002]) an input device configured to: (Step 1: The user connects to the internet via a user terminal, which can be a mobile phone or computer, and enters the user calibration interface. In this interface, the user calibrates control parameter data based on their driving preferences and submits it to the vehicle network server via the internet – See at least ¶ [0044]) allow setting of operational parameters (The user calibration data is in the form of a one-dimensional data table, with the horizontal axis representing the input signal in the vehicle controller and the vertical axis representing the user's demand mapping. The intensity of the demand is represented by percentages from 0 to 100. The user calibration data is used in the demand mapping module of the user calibration driving mode program segment of the vehicle controller. In this segment, the input signal enters the demand mapping module, and after lookup table linear interpolation, a percentage representing the user's desired demand is obtained, which is then used in subsequent programs – See at least ¶ [0044]) associated with a powertrain of the electric vehicle to customize a driving mode of the electric vehicle; and (As shown in Figure 5, under driving conditions, the power demand mapping module, acceleration demand mapping module, and deceleration demand mapping module use user calibrated data – See at least ¶ [0058]) send, upon setting the operational parameters, (In step 1, the user calibration interface provides detailed descriptions of the control parameters and data calibration range for the user's driving mode. If the user calibration data exceeds the range, an error message will appear, and the data cannot be submitted – See at least ¶ [0016]) an input signal comprising the operational parameters to a vehicle control unit (VCU); (Step 2: After receiving the user's calibration data, the vehicle networking server transmits it to the vehicle-mounted T-BOX via the communication network; Step 3: The T-BOX sends the user calibration data to the vehicle controller via the vehicle CAN network according to the data download protocol – See at least ¶ [0045]-[0046]) the powertrain is configured to drive the electric vehicle; and (Step 6: When the user drives the vehicle, select the user-calibrated driving mode. The vehicle controller program will use the user calibration data submitted in Step 1 to control the vehicle's driving – See at least ¶ [0013]) the VCU is configured to: receive the input signal; (Step 2: After receiving the user's calibration data, the vehicle networking server transmits it to the vehicle-mounted T-BOX via the communication network; Step 3: The T-BOX sends the user calibration data to the vehicle controller via the vehicle CAN network according to the data download protocol – See at least ¶ [0045]-[0046]) compare each of the operational parameters with an operable limit thereof; and (In step 1, the user calibration interface provides detailed descriptions of the control parameters and data calibration range for the user's driving mode. If the user calibration data exceeds the range, an error message will appear, and the data cannot be submitted – See at least ¶ [0052]) in response to the comparison, regulate operation of at least one element of the powertrain; (they system changes the operation parameter of the power train in response to receiving a valid input, i.e., a regulation in response to the comparison of operating at least one element of the power train – See at least ¶ [0013]-[0016]) in response to each of the operational parameters being within the corresponding operable limit, (In step 1, the user calibration interface provides detailed descriptions of the control parameters and data calibration range for the user's driving mode. If the user calibration data exceeds the range, an error message will appear, and the data cannot be submitted – See at least ¶ [0016]) create a user profile comprising the operational parameters; store the user profile; and (Step 4: After receiving the user calibration data, the vehicle controller erases the original data in the storage space and writes the new data – See at least ¶ [0047]) regulate operation of at least one element of the powertrain based on comparison of the operational parameters and the created user profile (Step 6: When the user drives the vehicle, select the user-calibrated driving mode. The vehicle controller program will use the user calibration data submitted in Step 1 to control the vehicle's driving – See at least ¶ [0013]) in response to at least one of the operational parameters being beyond the corresponding operable limit, send an alert to the input device indicating that at least one of the operational parameters is beyond the corresponding operable limit; and (In step 1, the user calibration interface provides detailed descriptions of the control parameters and data calibration range for the user's driving mode. If the user calibration data exceeds the range, an error message will appear, and the data cannot be submitted – See at least ¶ [0016]) Fan does not explicitly teach upon sending the alert to the input device: receive, from the input device, a revised input signal comprising revised operational parameters associated with the powertrain of the electric vehicle to customize a driving mode of the electric vehicle, compare each of the revised operational parameters with the corresponding operable limit, and regulate, in response to the comparison, operation of at least one element of the powertrain based on the revised operational parameters. However, Uehara discloses interactive automated driving systems and teaches: upon sending the alert to the input device: (If the desired value falls outside of the range of target values, the interactive automated driving system 300 can send a command to one or more vehicle systems 316 to maintain the target vehicle state in step 420. The interactive automated driving system 300 can also generate an error message in step 422 if the vehicle 200 is maintained in the target vehicle state – See at least ¶ [0056]) receive, from the input device, a revised input signal comprising revised operational parameters associated with the powertrain of the electric vehicle to customize a driving mode of the electric vehicle, (Once the error message is communicated to the driver in step 424, the process 400 loops back to step 402 to receive another current value, and the cycle repeats – See at least ¶ [0056]; Examiner notes that the driver adjusts input, which is read by the sensors in 402, by operating an interface – See at least ¶ [0039]) compare each of the revised operational parameters with the corresponding operable limit, and (In decision block 408 of the process 400, the inter active automated driving system 300 can determine whether the current value falls inside or outside the range of target values. If the current value falls inside the range of target values, the vehicle can be maintained in the current vehicle state, and the process 400 can loop back to step 402 to receive a new current value. If the current value falls outside the range of target values, the interactive automated driving system 300 can send the target vehicle state to one or more vehicle systems 117 – See at least ¶ [0052]) regulate, in response to the comparison, operation of at least one element of the powertrain based on the revised operational parameters. (In step 410 of process 400, the one or more vehicle systems 117 can change the vehicle state from the current vehicle state to the target vehicle state – See at least ¶ [0052]) In summary, Fan discloses a method for realizing a driving mode calibrated by an electric vehicle user. Fan further teaches identifying when the user settings are beyond the system thresholds and in response to these values being beyond a threshold, warning a user of the error. Fan further teaches that the user is not satisfied with the settings they may revise the settings to be satisfactory. Fan does not explicitly teach that the user settings being outside of the threshold is a state where the user would find the setting unsatisfactory and revise. However, Uehara discloses an interactive automated driving system and teaches that the user may adjust the vehicle settings, speed, velocity, etc. by interacting with a user interface. Uehara further teaches that if the setting is beyond a limitation of the system an alert will be sent to the user and the user can revise their input to be within the limitations of the system. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method for realizing driving mode calibrated by electric vehicle user of Fan to provide for the interactive automated driving system, as taught in Uehara, to provide a driving system that effectively learns the preferences of a given driver over time. (At Uehara ¶ [0002]) Regarding claims 8, and 21, Fan further teaches: wherein upon the comparison of each of the operational parameters with the corresponding operable limit, the input device is configured to display the alert received from the VCU. (In step 1, the user calibration interface provides detailed descriptions of the control parameters and data calibration range for the user's driving mode. If the user calibration data exceeds the range, an error message will appear, and the data cannot be submitted – See at least ¶ [0016]) Regarding claim 9, Fan does not explicitly teach, but Uehara further teaches: wherein upon display of an alert to the input device, the input device is configured to: (If the desired value falls outside of the range of target values, the interactive automated driving system 300 can send a command to one or more vehicle systems 316 to maintain the target vehicle state in step 420. The interactive automated driving system 300 can also generate an error message in step 422 if the vehicle 200 is maintained in the target vehicle state – See at least ¶ [0056]) allow setting of the revised operational parameters and (Once the error message is communicated to the driver in step 424, the process 400 loops back to step 402 to receive another current value, and the cycle repeats – See at least ¶ [0056]; Examiner notes that the driver adjusts input, which is read by the sensors in 402, by operating an interface – See at least ¶ [0039]) send, to the VCU, the revised input signal. (In step 410 of process 400, the one or more vehicle systems 117 can change the vehicle state from the current vehicle state to the target vehicle state – See at least ¶ [0052]) Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method for realizing driving mode calibrated by electric vehicle user of Fan to provide for the interactive automated driving system, as taught in Uehara, to provide a driving system that effectively learns the preferences of a given driver over time. (At Uehara ¶ [0002]) Regarding claim 14, Fan further teaches: wherein the mobile device is connected to the electric vehicle using one of: (The user connects to the internet via a user terminal, which can be a mobile phone or computer, and enters the user calibration interface. In this interface, the user calibrates control parameter data based on their driving preferences and submits it to the vehicle network server via the internet – See at least ¶ [0044]) Bluetooth, Wireless fidelity (Wi-fi), cellular communication, infrared, and a wired connection. (As shown in Fig. 2, the terminal communication includes WiFi communication) Regarding claim 11, Fan further teaches: wherein prior to the allowing the setting of operational parameters, the input device is configured to perform one of: allow selection of a user profile from a plurality of stored user profiles, (Step 6: When the user drives the vehicle, select the user-calibrated driving mode. The vehicle controller program will use the user calibration data submitted in Step 1 to control the vehicle's driving. If the user is not satisfied with the calibration data, the above steps can be repeated to recalibrate – See at least ¶ [0013]) wherein each user profile comprises a preset combination of values of the operational parameters associated with the powertrain of the electric vehicle, wherein the VCU is configured to store a user profile if each of the plurality of operational parameters received from the input device in the preset combination is within the operable limit thereof, wherein the input device is configured to allow a user to login to select the user profile from the plurality of user profiles using a user identification. Claim(s) 6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Fan in view of Uehara, as applied to claims 1 and 7, and in further view of Kim et al. (US 2020/0216087 A1, “Kim”). Regarding claims 6 and 19, the combination of Fan and Uehara does not explicitly teach wherein the plurality of operational parameters comprises: a top speed of the electric vehicle, an acceleration of the electric vehicle, a regenerative power of the electric vehicle, and a braking pattern of the electric vehicle. However, Kim discloses device for and method of controlling traveling characteristics of vehicle and teaches: wherein the operational parameters comprise: a top speed of the electric vehicle, an acceleration of the electric vehicle, a regenerative power of the electric vehicle, and a braking pattern of the electric vehicle. (By executing the application that is installed in the smartphone 150, the driver performs the setting to parameter values, e.g., parameter values of the maximum motor torque, the feeling of start and acceleration, the feeling of deceleration, the amount of regenerative braking, the air-conditioning limit mode, the maximum speed limit, and the responsiveness, as are illustrated. When this is done, with the smartphone application, as will be described below, the economical level is calculated using at least one or several of, or all of the parameter values – See at least ¶ [0093]) In summary, Fan discloses adjusting operational parameters related to the acceleration, deceleration, and speed of the electric vehicle. The combination of Fan and Uehara does not explicitly disclose wherein the plurality of operational parameters comprises: a top speed of the electric vehicle, an acceleration of the electric vehicle, a regenerative power of the electric vehicle, and a braking pattern of the electric vehicle. However, Kim discloses device for and method of controlling traveling characteristics of vehicle and teaches adjusting vehicle parameters including maximum speed limits, acceleration, regenerative braking, and the feeling of deceleration, i.e., braking patterns. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method for realizing driving mode calibrated by electric vehicle user of Fan and Uehara to provide for the device for and method of controlling traveling characteristics of a vehicle, as taught in Kim, to increase traveling satisfaction (At Kim ¶ [0006]) Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Fan in view of Uehara, as applied to claim 7, and in further view of Rich (US 2021/0114610 A1, “Rich”). Regarding claim 12, the combination of Fan and Uehara does not explicitly teach wherein upon allowing the selection of a user profile, the input device is configured to send a selection signal corresponding to the selection of the user profile; and wherein the VCU is configured to: receive the selection signal from the input device; retrieve operational parameters corresponding to the selected user profile upon receipt of the selection signal; and regulate operation of at least one element of the powertrain based on the retrieved operational parameters. However, Rich discloses adaptable drive mode systems and methods and teaches: wherein upon allowing the selection of a user profile, (Stored driving mode profiles 160 can also include custom profiles such as, for example, custom settings selected by a user to create a custom driving profile – See at least ¶ [0065]) the input device is configured to send a selection signal corresponding to the selection of the user profile; and (Stored driving mode profiles 160 can be retrieved and implemented in response to user input such as, for example user selection of a drive mode via drive mode selection actuator 245 – See at least ¶ [0065]) wherein the VCU is configured to: (Adaptive mode control circuit 210 can be implemented as an ECU or as part of an ECU such as, for example electronic control unit 50 – See at least ¶ [0057]) receive the selection signal from the input device; (Adaptive mode control circuit 210 in this example includes a communication circuit 241 and a decision circuit 243 (including a processor 246 and memory 248 in this example). Components of adaptive mode control circuit 210 are illustrated as communicating with each other via a data bus, although other communication in interfaces can be included. Adaptive mode control circuit 210 in this example also includes a drive mode selection actuator 245 that can be operated by the user to select a drive mode – See at least ¶ [0058]) retrieve operational parameters corresponding to the selected user profile upon receipt of the selection signal; and (At operation 342, the vehicle sets one or more systems (e.g. , vehicle components or systems) to a setting that is appropriate for the selected drive mode. For example, in a SPORT MODE as compared to a COMFORT MODE, transmission shift points may be raised, throttle response may be heightened, adjustable suspension can be stiffened, steering assist can be reduced and so on – See at least ¶ [0070]) regulate operation of at least one element of the powertrain based on the retrieved operational parameters. (Accordingly, the vehicle makes these adjustments to set the vehicle to the drive mode that is selected at operation 340 – See at least ¶ [0070]; Examiner notes that the different profiles will have varying values for transmission shift points. The transmission is part of the powertrain – See at least Fig. 1) Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method for realizing driving mode calibrated by electric vehicle user of Fan and Uehara to provide for the adaptable drive mode systems and methods, as taught in Rich, to provide for an indicator light that can be included on the instrument panel or on the button such that when the button is active, the indicator light may indicate that the chosen drive mode is active (At Rich ¶ [0004]) Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Fan in view of Uehara, as applied to claim 7, and in further view of Volvo (S60 Twin Engine Owner’s Manual, “Volvo”). Regarding claim 13, the combination of Fan and Uehara does not explicitly teach wherein a mobile device is connected to the electric vehicle is configured to: allow logging in to select a user profile from the user profiles using a user identification; and send an input request to the input device corresponding to the user profile; and the VCU is configured to: receive the input request from the input device; retrieve the operational parameters corresponding to the selected user profile based on the input request; and regulate operation of at least one element of the powertrain based on the retrieved operational parameters. However, Volvo discloses stored customizable driver profiles and teaches: wherein a mobile device is connected to the electric vehicle is configured to: (the system utilizes keys, i.e., mobile devices, linked to the vehicle to loading up a user profile.) allow logging in to select a user profile from the user profiles using a user identification; and (Many of the vehicle's settings can be customized to the driver's personal preferences and saved in one or more driver profiles. These personal settings are automatically saved in the active driver profile. Each key can be linked to one driver profile. When the linked key is used, the vehicle is customized to the specific settings of that driver profile – See at least pg. 134; Here, there are a plurality of users associated with different keys, i.e., user identifications. Selecting the key allows the user to “log in” to the system and access the user profile. Further, selecting a driver profile using a center display is presented on page 135) send an input request to the input device corresponding to the user profile; and the VCU is configured to: (The driver may select a profile and tap “confirm” on the center display, this sends an input request corresponding to the user profile – See at least pg. 135) receive the input request from the input device; (Once the selected drive is confirmed the system receives the input request – See at least pg. 135 #3) retrieve the operational parameters corresponding to the selected user profile based on the input request; and (Once the driver profile is confirmed the system will load the settings stored in that profile) regulate operation of at least one element of the powertrain based on the retrieved operational parameters. (The customizable characteristics of the individual drive mode stored to the profile includes powertrain characteristics – See at least pg. 415) Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method for realizing driving mode calibrated by electric vehicle user of Fan and Uehara to provide for the customizable driver profiles, as taught in Volvo, to provide for a protected driver profile when it is not desirable to store settings made in the vehicle to the active driver profile. (At Volvo pg. 136) Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Fan in view of Uehara, as applied to claim 7, in view of Volvo and in further view of Specialized (Owner’s Manual Turbo/Turbo X, “Specialized”). Regarding claim 15, the combination of Fan and Uehara does not explicitly teach, but Volvo further teaches: comprising: a brake; [] (the vehicle contains brakes – See a least pg. 397) a switch mounted on the [steering wheel], wherein (The confirm button is located on the steering wheel – See at least pg. 102) application of the brake (Protecting and/or linking a driver profile may only be performed while the vehicle is stationary – See at least pg. 136) while pressing the switch causes the input device to display the plurality of stored user profiles to allow the selection of a user profile from the stored user profiles. (Option 1: Tap the name of the driver profile shown at the top of the center display when the display starts up. A list will appear, showing driver profiles that can be selected. 2. Select desired driver profile. 3. Tap Confirm. > The driver profile has now been selected and the system will load the settings stored in that profile – See at least pg. 135) Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method for realizing driving mode calibrated by electric vehicle user of Fan and Uehara to provide for the customizable driver profiles, as taught in Volvo, to provide for a protected driver profile when it is not desirable to store settings made in the vehicle to the active driver profile. (At Volvo pg. 136) The combination of Fan, Uehara, and Volvo does not explicitly teach comprising: a brake; a handle bar; and a switch mounted on the handlebar. However, Specialized discloses an Ebike and teaches: comprising: a brake; (a disc brake, brake lever, and brake cable – See at least pg. 5, #37, 37, and 28) a handlebar; and (A handle bar with grip – See at least pg. 5, #24) a switch mounted on the handlebar, wherein (Display screen with joystick, i.e., a switch, is mounted on the handlebars – See at least pg. 5 #23 and pg. 14) application of the brake while pressing the switch causes the input device to display [change driving modes]. (In “Throttle” mode, the bicycle is able to achieve speeds of up to 20 km/h (12.5 mph) solely by motor power. In order to enter THROTTLE mode, first switch into TURBO mode then hold the joystick UP for two seconds or longer. In this mode, you can accelerate the bicycle by pressing and holding the joystick UP. To leave this mode, you have to apply the right brake lever for a short period or press the joystick DOWN. Then the motor switches to TURBO mode – See at least pg. 17 ) In summary, Volvo discloses selecting a user profile using a confirm button located on a steering wheel, i.e., a device similar to handle bars. (See pg. 102 #4) The combination of Fan, Uehara, and Volvo does not explicitly teach a vehicle with a handle bar and a switch mounted on the handlebar wherein the application of the brake while pressing the switch caused the input device to display user profiles. However, Specialized discloses an electric bike and discloses using a brake in conjunction with a switch on the handle bar to change from one drive mode to another. This selection of drive mode is similar to the selection of driver profiles in Volvo, i.e., a driving profile that provides characteristics associated with the powertrain of the vehicle. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method for realizing driving mode calibrated by electric vehicle user of Fan, Uehara, and Volvo to provide for the driving mode selection, as taught in Specialized, to provide for a battery management system that automatically checks the functionality of the system and sends out an error message if the system detects an error. (At Specialized pg. 18) Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Fan in view of Uehara, as applied to claim 7, and in further view of Katz et al. (US 2022/0027417 A1, “Katz”). Regarding claim 16, the combination of Fan and Uehara does not explicitly teach that the user input device is a thin-film-transistor cluster liquid crystal display. However, Katz discloses modular application programming interface system and teaches: wherein the input device is a thin-film-transistor cluster liquid crystal display, (In some embodiments, the digital processing device includes a display to send visual information to a subject. In some embodiments, the display is a cathode ray tube (CRT). In some embodiments, the display is a liquid crystal display (LCD). In further embodiments, the display is a thin film transistor liquid crystal display (TFT-LCD). In some embodiments, the display is an organic light emitting diode (OLED) display. In various further embodiments, on OLED display is a passive-matrix OLED (PMOLED) or active-matrix OLED (AMOLED) display. In some embodiments, the display is a plasma display. In some embodiments, the display is E-paper or E ink. In other embodiments, the display is a video projector. In still further embodiments, the display is a combination of devices such as those disclosed herein – See at least ¶ [0203]) and the input device comprises a touch sensor. (In some embodiments, the display 111 is part of the user interface 116 (e.g., a touchscreen is both a display and a user interface in that it provides an interface to receive user input or user interactions) – See at least ¶ [0045]) Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the method for realizing driving mode calibrated by electric vehicle user of Fan and Uehara to provide for the modular application programming interface system, as taught in Katz, to provide an innovative solution in various situations where disparate data sources with different data format/visualization needs have to be provided to one or more recipients. (At Katz ¶ [0004]) 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHASE L COOLEY whose telephone number is (303)297-4355. The examiner can normally be reached Monday-Thursday 7-5MT. 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, Aniss Chad can be reached at 571-270-3832. 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. /C.L.C./Examiner, Art Unit 3662 /ANISS CHAD/Supervisory Patent Examiner, Art Unit 3662
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Prosecution Timeline

Sep 30, 2024
Application Filed
Dec 17, 2025
Non-Final Rejection mailed — §103
Mar 17, 2026
Response Filed
Jun 05, 2026
Final Rejection mailed — §103 (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

3-4
Expected OA Rounds
66%
Grant Probability
85%
With Interview (+19.1%)
3y 1m (~1y 3m remaining)
Median Time to Grant
Moderate
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