Prosecution Insights
Last updated: October 02, 2026
Application No. 18/992,605

Safety System for a Motor Vehicle, Motor Vehicle, and Method for Carrying out a Safety Check on a Motor Vehicle

Non-Final OA §103
Filed
Jan 09, 2025
Priority
Aug 08, 2022 — DE 10 2022 119 893.6 +1 more
Examiner
NGUYEN, CUONG H
Art Unit
3664
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
3 (Non-Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
1y 5m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
814 granted / 1034 resolved
+26.7% vs TC avg
Moderate +9% lift
Without
With
+8.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
22 currently pending
Career history
1052
Total Applications
across all art units

Statute-Specific Performance

§101
9.2%
-30.8% vs TC avg
§103
51.1%
+11.1% vs TC avg
§102
12.3%
-27.7% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1034 resolved cases

Office Action

§103
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 . 1. This Office Action is in response to an RCE filed on 9/10/2026. 2. This is a Non-Final Office Action on the merit. Claims 12-31are currently pending, Response 3. The examiner withdraws previous rejections (mailed on 7/01/2026). Since applicant’s claimed language are read-on a reasonable combination of cited prior art; applicant’s arguments (9/10/2026) are unpersuasive on cited prior art rejections because the cited prior art already suggesting what applicant claims as its own intellectual property (e.g. see Cahill et al US Pub 20200286880A in view of Uisee Technologies (WO2021056556A1). Claim Rejections - 35 USC § 103 The following is a quotation of 35 USC. 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 in the art to which the claimed invention pertains. Patentability shall not be negated by the manner m which the invention was made. 4. Claims 12-25, and 29-31 are rejected under 35 U.S.C. 103 as obvious over Cahill’880 (US Pub. 20100286880 A1) in view of Uisee Technologies (WO2021056556A1). A. Per independent claim 12: Cahill’880 teaches a safety system for a motor vehicle (see Cahill’880, para. [0002]), comprising: a control device/controller to carry out a test run (see Cahill’880 claim 1) , when activated, a plurality of vehicle functions are actuated, in succession/sequential and automatically, for testing (e.g., using a program called Build-In-Test-Equipment (BITE) - see Cahill’880 para.[0005], [0038]- automatically sequences/functions/tasks, see Cahill’880 para.[0007], [0010]-[0011]; [0032], [0058]-[0059]). Cahill’880 may not expressly disclose that a test is run automatically; however, it has been very normal to preset a test time and test sequences/functions for one with ordinary skill in the art to activate a Build-In-Self-Test (BITE) taught by Cahill’880 – for instance, every time an engine ignition a vehicle/motorcycle is made (an air pressure of a vehicle/motorcycle wheel, and an engine oil pressure are automatically tested and tests’ results are shown on a vehicle/motorcycle’s dashboard). Uisee Technologies discloses that a test time (and tested data) of a motorcycle can be preset on pg. 22, 3rd para such as “The time for adding virtual data to the data detected by the real sensor can be predetermined according to the scene, or it can be random”. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Cahill’880 with Uisee Technologies to perform an automatic testing on a motorcycle because an engine could be run/scheduled a testing at an available preset time (e.g., via remotely tested or by a changed parameter/environment) to check a vehicle/motorcycle’s readiness – this automatic checking/maintenance activity has been successfully done before starting a trip. B. Per dependent claim 13: Cahill’880 also teaches a controller to automatically run/start a test (e.g., sending a signal for activation, see Cahill’880 FIG. 5, para. [0058]). C. Per dependent claim 14: Cahill’880 also teaches a controller to process information from the environment of the motor vehicle in order to activate the test run (i.e., using a camera or using manually input information to perform a test when a test time is convenient, see Cahill’880 para. [0024]). D. Per dependent claim 15: Cahill’880 teaches information comprises a position of a driver (an aircraft operator during flight), and actions of the driver (e.g., pressing a button or doing braking simulations - see Cahill’880 para. [0060]). E. Per dependent claim 16: Cahill’880 also teaches a control device to activate the test run when a driver is present (e.g., during a flight, see Cahill’880 para. [0060]); and a readiness of the driver to depart/landing are identified (e.g., an aircraft landing light/announcement when everything on that aircraft is ready -see Cahill’880 para. [0060]). F. Per dependent claim 17: Cahill’880 also teaches a controller comprises communication units, including a receiving unit which are designed to interact in order to activate the test run (see Cahill’880 para. [0040]). G. Per dependent claim 18: Cahill’880 also suggests a communication unit is assigned to a pilot, based on a mobile device of the aircraft operator/pilot (e.g., a conventional communication port on an aircraft computer: a head set, see Cahill’880 para. [0023], [0038]). H. Per dependent claim 19: Cahill’880 also suggests a display that displays a result of the test run (e.g., monitoring output signals, see Cahill’880 para. [0024]). I. Per claim 20: Cahill’880 in view of Uisee Technologies teaches a motorcycle comprising a safety system (e.g., a brake system, see Uisee Technologies pg. 13, paragraph 1) J. Per independent claim 21: Cahill’880 in view of Uisee Technologies, also teaches steps of automatically actuating a test run; and providing a control device in a motor vehicle that is configured to carry out the test run (i.e., periodically activating/actuating “an on-vehicle automatic driving test device is applied” see Uisee Technologies pg. 27 line 4; and Uisee Technologies discloses that a test time (and tested data) of a motorcycle can be preset on pg. 22, 3rd para such as “The time for adding virtual data to the data detected by the real sensor can be predetermined according to the scene, or it can be random”. K. Per dependent claim 22: Cahill’880 also teaches a control device to activate the test run when a driver is present (e.g., during a flight, see Cahill’880 para. [0060]); and a readiness/intention of the driver to depart/landing are identified: an aircraft landing light/announcement when everything on that aircraft is ready (see Cahill’880 para. [0060]). L. Per dependent claim 23. Uisee Technologies suggests that a safety test includes testing brake pads, (see Uisee Technologies pg. 13, 1st paragraph – see also Breed et al US Pat.7421321 B2, “ device resident in the vehicle that automatically measures the tire pressure and temperature of all four tires using Surfac-Acoustic-Wave technology.”). M. Per dependent claim 24. Uisee Technologies also discloses that a motor vehicle could be a motorcycle (see Uisee Technologies “The motor vehicle may include, but is not limited to, an automobile, an electric vehicle, a motorcycle, an electric motorcycle, etc.” pg. 25, 2nd para.). N. Per dependent claim 25: Uisee Technologies suggests that a controller/microprocessor is parameterizable to predefine which vehicle functions are to be actuated during the test run (since “parameterizable” can be interpreted as to set/define or establish the parameters or limits of something – this claimed limitation: (i.e., following an order or not following an order) is suggested by Uisee Technologies pg. 9 , first para.; see also Covington (US Pat. 11527110 B2) col. 34 line 53 to col. 35 line 5; col.46 lines 56-65; and col.13 lines 40-55). O. Per dependent claim 29. Applicant claims a preset time for a test run using time control (planning/setting time to actuate/sending a signal to run test automatically). This limitation is suggested by Cahill’880 in view of Uisee Technologies (e.g., inputting a preset signal to a controller Uisee Technologies discloses that a test time of a motorcycle can be preset on pg. 22, 3rd para. “The time for adding virtual data to the data detected by the real sensor can be predetermined according to the scene, or it can be random”). P. Per dependent claim 30. Applicant claims functional tests could be a brake pad test (see Cahill’880 para.[0002]), and a tire pressure test (e.g., from BITE’s results on a vehicle’s dashboard, see Calhill’880 para.[0007]). Q. Per dependent claim 31. Applicant claims about displaying a result of the test run on a display of the motor vehicle (e.g., displaying GREEN for TRUE/RED for FALSE lights on a vehicle’s dashboard after running BITE – see Cahill’880 para.[0006]). 5. Claims 26-28 are rejected under 35 U.S.C. 103 as obvious over Cahill’880 in view of Uisee Technologies and in view of Wang et al (US Pat 11367142 B1). Per dependent claim 26: The rationales and references for a rejection of claim 12 are incorporated. Cahill’880 in view of Uisee Technologies does not disclose a helmet of the driver; however, Wang’142 suggest a headset is reasonably go with the helmet for electronic communications (e.g., sending a wireless signal for test the vehicle, or for recognizing the driver is nearby, see Wang’142 col. 17 line 62 to col. 18 line 19). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Cahill’880 and Uisee Technologies with Wang’142 to send a recognizable wireless signal for performing a test before starting a trip to avoid any problem from that motorcycle – this kind of practice/preparation has been successfully done on vehicle to prepare for a trip. B. Per dependent claim 27: Wang’142 suggests using a helmet (to communicate) for recognition (e.g., using a vehicle’s ID, see Wang’142 col. 17 line 62 to col. 18 line 19). C. Per dependent claim 28: Uisee Technologies also suggests about using a sonar sensor to estimate a recognizable distance to test a motorcycle (see Uisee Technologies pg. 16 lines 1-2). Conclusion 6. Pending claims 12-31 are still rejected. 7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cuong H Nguyen whose telephone number is (571) 272-6759 (email address is cuong.nguyen@uspto.gov). The examiner can normally be reached on M - F: 10:30AM- 6:30PM. Examiner interviews are available via telephone, 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, BENDIDI RACHID can be reached on (571) 272-4896. 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. /CUONG H NGUYEN/Primary Examiner, Art Unit 3664
Read full office action

Prosecution Timeline

Jan 09, 2025
Application Filed
Mar 13, 2026
Non-Final Rejection mailed — §103
Apr 14, 2026
Response Filed
Jul 01, 2026
Final Rejection mailed — §103
Aug 19, 2026
Response after Non-Final Action
Sep 10, 2026
Request for Continued Examination
Sep 11, 2026
Response after Non-Final Action
Sep 15, 2026
Non-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
79%
Grant Probability
88%
With Interview (+8.9%)
3y 2m (~1y 5m remaining)
Median Time to Grant
High
PTA Risk
Based on 1034 resolved cases by this examiner. Grant probability derived from career allowance rate.

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