Prosecution Insights
Last updated: May 04, 2026
Application No. 18/886,057

Method and Apparatus for Controlling Autonomous Driving of Autonomous Vehicle

Non-Final OA §102§103
Filed
Sep 16, 2024
Priority
Mar 18, 2024 — RE 10-2024-0037283
Examiner
TROOST, AARON L
Art Unit
3666
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Kia Corporation
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
543 granted / 729 resolved
+22.5% vs TC avg
Moderate +10% lift
Without
With
+10.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
37 currently pending
Career history
766
Total Applications
across all art units

Statute-Specific Performance

§101
15.6%
-24.4% vs TC avg
§103
44.7%
+4.7% vs TC avg
§102
17.9%
-22.1% vs TC avg
§112
18.7%
-21.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 729 resolved cases

Office Action

§102 §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 Claims 1-20 of US Application No. 18/886,057, filed on 16 September 2024, are currently pending and have been examined. Claim Rejections - 35 USC § 102 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 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. Claims 1-4, 7, 8, 10-13, and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jain et al. (US 2022/0066459 A1, “Jain”). Regarding claims 1 and 10, Jain discloses using machine learning models for generating human-like trajectories and teaches: obtaining training data comprising information about a first drivable area (sensors, e.g., camera, to capture perception data, e.g., road lines – see at least ¶ [0025]; human-driven trajectories – see at least ¶ [0024]); outputting, based on the information about the first drivable area, a first driving path in the first drivable area (computer algorithm may generate a human-like trajectory based on the perception data, e.g., road boundaries – see at least Fig. 2A and ¶ [0054]); determining, based on the first driving path and the training data, a driving path loss (loss function 224 may determine a loss value based on comparison of human-like trajectory 203 and human-driven trajectory – see at least Fig. 2B and ¶ [0054]); updating, based on the driving path loss, at least one of parameters associated with the outputting the first driving path (the loss valued determined by loss function 224 may be fed to generator 202 to cause the generator to be updated and optimized – see at least ¶ [0054]; adjusting one or more trajectory parameters or parameter distributions to generate the human-like trajectory 203 – see at least ¶ [0054]); obtaining, based on the updating the at least one of parameters, test data comprising information about a second drivable area for testing (the training process is repeated until generator 202 generates human-like trajectories that meet pre-determined criteria – see at least ¶ [0054]; another trajectory pair T-H – see at least ¶ [0054]; perception data of the surrounding environment associated with trajectory 201 – see at least ¶ [0054]); outputting, based on the information about the second drivable area for testing, a second driving path for testing in the second drivable area for testing (updated human-like trajectory 203 based on updated model 202 – see at least Fig. 2B and ¶ [0054]); and controlling, based on the second driving path for testing, autonomous driving of the vehicle (AV may determine one or more vehicle operations to navigate based on the human-like trajectory 406 – see at least Fig. 4B and ¶ [0062]). Regarding claims 2 and 11, Jain further teaches: wherein the information about the first drivable area comprises information about a boundary line of the first drivable area (sensors, e.g., camera, to capture perception data, e.g., road lines – see at least ¶ [0025]; human-driven trajectories may generate a human-like trajectory based on the perception data, e.g., road boundaries – see at least Fig. 2A and ¶ [0054]). Regarding claims 3 and 12, Jain further teaches: wherein the information about the boundary line of the first drivable area comprises information about: a plurality of first boundary points on a first boundary line of the first drivable area; and a plurality of second boundary points on a second boundary line of the first drivable area (perception data may include camera-based localization data including relative position to road lines – see at least ¶ [0026]). Regarding claims 4 and 13, Jain further teaches: generating, based on a training data generation model and the information about the first drivable area, the training data, wherein the training data comprises an improved driving path corresponding to the first drivable area (the training process is repeated until generator 202 generates human-like trajectories that meet pre-determined criteria – see at least ¶ [0054]; another trajectory pair T-H – see at least ¶ [0054]; perception data of the surrounding environment associated with trajectory 201 – see at least ¶ [0054]; updated human-like trajectory 203 based on updated model 202 – see at least Fig. 2B and ¶ [0054), and wherein the information about the first drivable area is input before obtaining the training data (initial heuristic-based trajectory 201 based on perception data – see at least Fig. 2A and ¶ [0041]). Regarding claims 7 and 16, Jain further teaches: wherein the obtaining the test data comprises generating, based on at least a portion of a driving image obtained from an image sensor and high definition map information, the test data, wherein the at least the portion of the driving image is obtained before obtaining the test data (human-like trajectory is determined based on the heuristic-based trajectory 201, which is generated by the motion planning algorithm 212 based on the perception data 211 – see at least ¶ [0041]; perception data may include camera data – see at least ¶ [0025]-[0026]; perception data may include map data generated based on previously collected perception data – see at least ¶ [0026]). Regarding claims 8 and 17, Jain further teaches: wherein the generating the test data comprises generating, based on driving scenario information, the test data (trajectories associated with different scenarios encountered by vehicles in the surrounding environment may be used as training samples 205 – see at least ¶ [0038]). Regarding claim 18, Jain further teaches: wherein instructions, when executed by the at least one processor, cause the apparatus to obtain the test data by obtaining, based on the at least one of parameters associated with outputting the first driving path, the test data (trajectories associated with different scenarios encountered by vehicles in the surrounding environment may be used as training samples 205 – see at least ¶ [0038]). Regarding claim 19, Jain further teaches: wherein the information about the boundary line of the first drivable area comprises information about coordinates of boundary points in the boundary line (perception data may include camera-based localization data including relative position to road lines – see at least ¶ [0026]). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jain in view of Nilsson et al. (US 2015/0073663 A1, “Nilsson”). Regarding claims 5 and 14, Jain fails to teach but Nilsson discloses maneuver generation for automated driving and teaches: wherein the generating the training data comprises generating, based on a quadratic programming scheme, the improved driving path (model predictive control problem formulated as a quadratic program – see at least ¶ [0050]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the machine learning models for generating human-like trajectories of Jain to provide for generating paths based on a quadratic programming scheme, as taught by Nilsson, with a reasonable expectation of success, because model predictive control formulated as a quadratic equation allows for trajectories to be determined while accounting for system constraints (Nilsson at ¶ [0049]). Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Jain in view of Yaghoubi et al. (US 2024/0059302 A1, “Yaghoubi”). Regarding claims 6 and 15, Jain further teaches: wherein the information about the first drivable area is obtained based on at least a portion of: first driving data generated as a moving object travels on a road (Avs use sensors, e.g., camera, to capture perception data, e.g., road lines – see at least ¶ [0025]). Jain fails to teach wherein the information about the first drivable area is obtained based on at least a portion of second driving data generated based on a driving simulation process. However, Yaghoubi discloses a control system utilizing rulebook scenario generation and teaches: wherein the information about the first drivable area is obtained based on at least a portion of second driving data generated based on a driving simulation process (simulated scenario may be used to generated a simulated trajectory to test the control system – see at least ¶ [0106]-[0108]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the machine learning models for generating human-like trajectories of Jain to provide for generating data based on a driving simulation process, as taught by Lee, with a reasonable expectation of success, because the simulation may be used to test the control system (Yaghoubi at ¶ [0109]). Claims 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jain in view of Lee et al. (US 2024/0400095 A1, “Lee”). Regarding claim 9, Jain fails to teach but Lee discloses learning vehicle trajectories and teaches: outputting coordinates of prediction points on the first driving path, wherein the driving path loss is associated with a value representing how far the prediction points are from target values (ground truth data may be compared to predicted trajectories of the model to calculate a loss value, such as, for example, via least absolute deviations, least square errors – see at least ¶ [0016]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the machine learning models for generating human-like trajectories of Jain to provide for determining the path loss, as taught by Jain, with a reasonable expectation of success, because it would reduce the number of heuristic-based trajectories necessary to determine a control trajectory for the vehicle to follow (Lee at ¶ [0012]). Regarding claim 20, Jain fails to teach but Lee discloses learning vehicle trajectories and teaches: outputting coordinates of prediction points on the first driving path (ground truth data may be compared to predicted trajectories of the model to calculate a loss value, such as, for example, via least absolute deviations, least square errors – see at least ¶ [0016]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the machine learning models for generating human-like trajectories of Jain to provide for determining the path loss, as taught by Jain, with a reasonable expectation of success, because it would reduce the number of heuristic-based trajectories necessary to determine a control trajectory for the vehicle to follow (Lee at ¶ [0012]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON L TROOST whose telephone number is (571)270-5779. The examiner can normally be reached Mon-Fri 7:30am-4pm. 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, Anne Antonucci can be reached at 313-446-6519. 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. /AARON L TROOST/Primary Examiner, Art Unit 3666
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Prosecution Timeline

Sep 16, 2024
Application Filed
Apr 18, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
85%
With Interview (+10.5%)
2y 5m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 729 resolved cases by this examiner. Grant probability derived from career allowance rate.

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