Prosecution Insights
Last updated: August 30, 2026
Application No. 19/011,207

BATTERY ELECTRIC VEHICLE

Final Rejection §103§112
Filed
Jan 06, 2025
Priority
Jan 10, 2024 — JP 2024-002126
Examiner
HARTMANN, ERIN MARIE
Art Unit
3664
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Toyota Motor Corporation
OA Round
2 (Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
13 granted / 19 resolved
+16.4% vs TC avg
Strong +33% interview lift
Without
With
+33.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
13 currently pending
Career history
44
Total Applications
across all art units

Statute-Specific Performance

§101
9.7%
-30.3% vs TC avg
§103
51.1%
+11.1% vs TC avg
§102
5.9%
-34.1% vs TC avg
§112
28.0%
-12.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 19 resolved cases

Office Action

§103 §112
CTNF 19/011,207 CTNF 100932 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-151 AIA 26-51 12-51 Status of Claims This office action is in response to application number 19/011,207 filed on 01/06/2025, in which Claims 1-11 are presented for examination. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55, for Application No. JP2024-002126. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01 and the information disclosure statement (IDS) submitted on 08/08/2025 have been received and considered by the examiner. Drawings 06-22 AIA The drawings are objected to because FIG. 1: 7F, 7R and 11 need clarification, such as a label or symbol to more clearly indicate what component they each represent . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections 07-29-01 AIA Claim s 1, 3, 5, 7 and 9-11 objected to because of the following informalities: Claim 1 (lines 14 and 17) , Claim 3 (line 6), Claim 5 (line 5), Claim 7 (line 5), Claim 9 (lines 1-2), Claim 10 (line 4), and Claim 11 (lines 14 and 17) recite "give notification" or "the notification that is given to the driver during execution of the control mode." Whereas Claim 8 (lines 2-3) recites "giving the notification to the driver." It would be more clear if Claim 1 (line 14) and Claim 11 (line 14) recited something similar to "give notification, during execution of the control mode, […]" and Claim 1 (line 17), Claim 3 (line 6), Claim 5 (line 5), Claim 7 (line 5), Claim 9 (lines 1-2), Claim 10 (line 4), and Claim 11 (line 17) recited, for example "the notification," more closely to what is recited in Claim 8 . Appropriate correction is required. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "device configured to" in Claims 1 (lines 6 and 10), 3 (line 2), 5 (line 2), 7 (line 2), 8 (lines 1-2), and 10 (lines 6 and 10) . Corresponding structure is found in the specification. The specification describes the “control device” as an electronic control unit, which includes a processor and a memory, [pg. 6, para 0027], “The control device 101 is typically an electronic control unit (ECU). The control device 101 may be a combination of a plurality of ECUs. The control device 101 includes at least a processor 102 and a memory 103. The memory 103 includes a random access memory (RAM) for temporarily recording data and a read-only memory (ROM) for storing a program 104 that is executable by the processor 102 and various types of data 105 related to the program. The program 104 is composed of a plurality of instructions. The processor 102 reads the program 104 and the data 105 from the memory 103, executes the program 104, and generates control signals based on signals acquired from the sensors. The control device 101 may include one processor 102, or may include a plurality of processors 102.” For examination purposes, the “control device” will be interpreted as an electronic control unit with a processor and a memory. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claims rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 9 (line 3), Claim 10 (line 8), and Claim 11 (line 18) recite “interior member that is used for interior of the battery electric vehicle.” It is not clear what “interior member” refers to and instead should be explicitly stated or more clearly described. For example, the claim language could recite “interior member” but further explain what an interior member can include. Alternatively, the claim language could directly recite the potentially components that interior member is referring to. For examination purposes, Claims 9-11 will be read as “interior member of the battery electric vehicle, including an interior component that the driver interacts with.” Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claims 1- 7 and 9-10 are re jected under 35 U.S.C. 103 as being unpatentable over Du o' et al., PG Pub US-2022/0063494-A1 (herein "Duo'"). in view of Kopp, PG Pub US-2021/0316660-A1 (herein "Kopp"), and further in view of Nelson et al., PG Pub US-2014/0318293-A1 (herein "Nelson"). Re garding Claim 1, Duo' discloses: A battery electric vehicle that includes an electric motor as a driving source . See [Duo’, pg. 1, para 0001], which explains that the invention includes a performance and sound emulator for an electric, motorized, vehicle to simulate an engine and mechanical or sequential gearbox, “This invention concerns a sound and performance emulator for electric propulsion vehicles. In more detail, the emulator object of the invention is configured to fully emulate the performance, driveability and sound of any vehicle with combustion engine on a vehicle of the same segment with electric motorization. The emulator simulates the functionality of the mechanical/sequential gearbox, by means of analog sensors used as gear lever and clutch with potentiometer.” Duo’ further discloses: the battery electric vehicle comprising: a driving operation member that is used to drive the battery electric vehicle . See [Duo’, pg. 2, paras 0016-0025], which explain that the emulator includes a control unit for controlling simulated gear values and output torque and an accelerator pedal for providing an acceleration signal, “A 1st aspect refers to a sound and performance emulator (1) for an electric propulsion vehicle (100) comprising: [0017] a control unit (4) configured to receive a plurality of input signals (12) comprising at least: [0018] an acceleration signal (5) relating to a position of an accelerator (103) of the electric propulsion vehicle (100); […]; [0020] where the control unit (4) is configured to determine a plurality of output values comprising at least one and optionally both: [0021] a value of simulated engine revolution ([…]) of a simulated endothermic combustion vehicle; [0022] a simulated gear inserted value ([…]) of the simulated endothermic combustion vehicle; and [0023] where the control unit (4) is configured to provide a plurality of output values comprising at least: [0024] a simulated torque value requested and/or simulated power requested (18) [0025] an accelerator control signal ([…]) to be sent to the electric propulsion vehicle (100) to control it.” Duo’ further discloses: a pseudo shifting operation member imitating an operation member that is used to perform a shifting operation of a manual transmission internal combustion engine vehicle; a control device configured to control the battery electric vehicle according to an operation of the driving operation member . See [Duo’, pg. 3, paras 0030-0038], which explain that the vehicle includes a clutch with a clutch signal, a gear shift selector with a gear signal, and an accelerator pedal with an acceleration signal, which are used in combination by the control unit to determine an output torque or power, “[0030] In a 3rd aspect according to any of the previous aspects the control unit is configured for: [0031] determine the simulated gear inserted value ([…]) of the simulated endothermic combustion vehicle; [0032] calculate, by means of the emulation module, a value of simulated engine revolutions ([…]) at the current time (t) depending at least on the acceleration signal (5), the number of engine revolutions ([…]) of the electric motor (104) and the value of the simulated gear inserted ([…]); [0033] calculate, by means of the emulation module, the requested simulated torque value ([…]) and/or the required simulated power value as a function of the simulated engine revolutions value ([…]) and of the acceleration signal (5). [0034] In a 4th aspect according to any of the previous aspects, the control unit, alternatively, providing in output the value of requested simulated torque and/or requested simulated power (18) calculated to command a control unit (105) of the electric propulsion vehicle (100) to deliver such torque or power, or determining an accelerator control signal ([…]) depending on the requested simulated torque value ([…]) and/or requested simulated power (18) calculated and of the value relative to the engine revolutions of the electric motor (104), the accelerator control signal ([…]) being sent to the electric propulsion vehicle (100) to control it. [0035] In a 5th aspect according to any of the previous aspects, the emulator includes a first sensor (2) configured to emit a clutch signal (2a) relative to the position of a clutch (101) of the electric propulsion vehicle (100). [0036] In a 6th aspect according to any of the previous aspects, the emulator includes a second sensor (3) configured to emit a gear signal (3a) relative to the position of a gear shift selector (102) of the electric propulsion vehicle (100). [0037] In a 7th aspect according to any of the previous aspects, the control unit (4) configured to receive the clutch signal (2a). [0038] In an 8th aspect according to any of the previous aspects, the control unit (4) configured to receive the gear signal (3a).” Duo’ further discloses: […] wherein: the control device is configured to […] execute, according to selection by a driver, a control mode in which an operation of the pseudo shifting operation member is associated with torque of the electric motor . See [Duo’, pg. 10, paras 0165-0167], which explains that the vehicle includes a user interface that is connected to the control unit, where the driver can select to activate or deactivate emulation mode, “[0165] User Interface (Optional) [0166] Emulator 1 can then include a user interface 9, i.e. a feedback display. […]. User interface 9 is operationally connected to control unit 4 to exchange data with it. [0167] User interface 9 comprises at least one start button 10 and control unit 4 is configured to determine the selective operation of the start button by receiving an activation signal 11 when the start button is pressed to activate the emulation module, if deactivated, or to deactivate, if active. […].” See also [Duo’, pg. 12, para 0204], which further explains that the emulation of an endothermic vehicle can be selected including selecting the type of vehicle and technical configurations, “On the display it will be possible to select between the original driving mode (standard driving—i.e. factory configuration as an electric vehicle—the emulator will in fact be totally inactive and transparent) or the emulation mode of an endothermic motor vehicle, thus selecting the type of vehicle and the options or technical configurations of the latter. By selecting the emulation mode, the system will allow you to choose the emulation configuration according to the block diagram in FIG. 6.” See again [Duo’, pg. 2, paras 0016-0025], which explain that the emulator includes a control unit for controlling simulated gear values and an accelerator pedal for providing an acceleration signal and [Duo’, pg. 3, paras 0030-0038], which explain that the vehicle includes a clutch with a clutch signal, a gear shift selector with a gear signal, and an accelerator pedal with an acceleration signal, which are used in combination by the control unit to determine an output torque or power. Duo’ does not disclose: […] a perception sensor configured to detect an object approaching the battery electric vehicle, wherein: the control device is configured to detect the object approaching the battery electric vehicle via the perception sensor, […] give notification to the driver by vibrating any member provided in a cabin of the battery electric vehicle, in a case where the object approaching the battery electric vehicle is detected; and the notification that is given to the driver during execution of the control mode includes notifying the driver by vibrating the pseudo shifting operation member. However, Kopp teaches: […] a perception sensor configured to detect an object approaching the battery electric vehicle […] . See [Kopp, pg. 1, para 0010], which explains that the vehicle includes surroundings sensors such as radar, ultrasonic, or LIDAR sensors, for detecting the surroundings and objects, “Furthermore, it is advantageous that the one or multiple surroundings sensor(s) is/are made up of one or multiple radar sensor(s), one or multiple ultrasonic sensor(s), one or multiple LIDAR sensor(s), […]. […]. Areas may be covered by different or identical types of sensors, or angular ranges may be covered by different sensors, in such a way that redundancy may be provided and a plausibility check of the object detection may be carried out,” and [Kopp, pg. 2, para 0013], which further explains that the vehicle includes vibration actuators responsive to moving objects in the vehicle surroundings, including an approaching object, “Furthermore, it is advantageous that the information to the driver about the direction of the objects is output to the vibration actuators when objects are newly recognized, when it is recognized that a moving object in the vehicle surroundings is passing the host vehicle, when it is recognized that a moving object in the vehicle surroundings is being passed by the host vehicle, when it is recognized that there is a hazard to the host vehicle due to a moving object in the vehicle surroundings, when a critical approach by a moving object toward the host vehicle is recognized, or a combination of these surroundings situations is recognized.” However, Kopp teaches: […] wherein: the control device is configured to detect the object approaching the battery electric vehicle via the perception sensor, […] give notification to the driver by vibrating any member provided in a cabin of the battery electric vehicle, in a case where the object approaching the battery electric vehicle is detected; and the notification that is given to the driver during execution of the control mode includes notifying the driver by vibrating […]. See [Kopp, pg. 2, para 0015], which explains that, “The method may be implemented, for example, in software or hardware or in a mixed form of software and hardware, for example in a control unit.” See also [Kopp, pg. 1, paras 0007- 0008], which explain that the vibration actuators can be in the seat, steering wheel, pedals, arm rest, and head rest, and can be controlled to vibrate individually, at different frequencies, and in a pattern, “[0007] In addition, it is advantageous that the actuator system for informing the driver is made up of a plurality of vibration actuators in the driver's seat and/or in the steering wheel. […]. A piece of haptic direction information may thus be communicated to the driver sitting on the driver's seat by activating a vibration actuator or multiple adjacent vibration actuators. [0008] […], it is also advantageous to provide vibration actuators in the accelerator pedal and/or in the brake pedal and/or in an armrest of the driver's seat and/or in the headrest of the driver's seat, which are likewise individually activatable, deactivatable, and/or changeable in their vibration frequency or activatable with a vibration pattern.” See again [Kopp, pg. 2, para 0013], which explains that the vehicle includes vibration actuators responsive to moving objects in the vehicle surroundings, including an approaching object. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Kopp to include using a sensor to perceive an approaching object and warn the driver by vibrating a vehicle cabin member. Doing so allows for strategically warning and providing driver information through varying the vibration location or direction to provide better awareness of changed surrounding or severity of the hazard [Kopp, pg. 2, paras 0013-0014]. However, Nelson teaches: […] includes notifying the driver by vibrating the […] shifting operation member […] . See [Nelson, FIG. 1 and pg. 1, para 0015], which shows a vehicle interior that includes a standard manual gear shift lever, “A vehicle interior shown in FIG. 1 includes a seat 10 for accommodating a driver so that the driver can operate a steering wheel 11 and a manual gear shift lever 12.” See also [Nelson, pg. 1, para 0017], which explains that the manual shift knob can include a vibration mechanism and a contact sensor for detecting a driver’s hand, which are connected to a controller, “FIG. 3 shows a first embodiment of the invention wherein a manual shifter 20 includes a knob or handle 21 at the end of a lever concealed under a boot 22. A vibrating, haptic feedback device 23 is embedded within knob 21 or mounted on the lever in order to generate tactile vibrations that are perceived by the hand of the driver when it is in contact with knob 21. Knob 21 also preferably includes a sensor 24 for determining whether the driver's hand is in contact with knob 21. […]. Controller 25 may be a standalone controller or can be included within a powertrain control module or a module that controls the instrument cluster, for example. Controller 25 is connected to a bus 28 for communicating with other electric modules and sensors within the vehicle,” and [Nelson, pg. 1, para 0007], which explains that the shifter can be made to vibrate to indicate shift changes or provide the driver with notifications, warnings, or status changes associated with the vehicle or driving situation, “In addition to shift change notifications, the present invention may be configured to provide other driver configurable notifications, warnings, or status changes associated with vehicle systems or the driving situation (e.g., drifting out of a lane).” It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Nelson to include vibrating the shift device. Doing so allows for notifying the driver without requiring them to shift their attention away from the road and provides better notification than a simple visual cue, which improves safety, fuel economy, and vehicle performance [Nelson, pg. 1, paras 0005-0006]. Regarding Claim 2, Duo' as modified discloses the limitations of Claim 1. Duo’ further discloses: the driving operation member includes an accelerator pedal; and the pseudo shifting operation member includes a pseudo […]shifter imitating a […]shifter of a manual transmission, and a pseudo clutch operation device imitating a clutch operation device . See again [Duo’, pg. 2, paras 0016-0025], which explain that the emulator includes a control unit for controlling simulated gear values and an accelerator pedal for providing an acceleration signal and [Duo’, pg. 3, paras 0030-0038], which explain that the vehicle includes a clutch with a clutch signal, a gear shift selector with a gear signal, and an accelerator pedal with an acceleration signal, which are used in combination by the control unit to determine an output torque or power. Duo’ does not disclose: […]H-shifter […] an H-shifter of a manual transmission, […] . However, Nelson teaches: […] the […] shifting operation member includes […]H-shifter […] an H-shifter of a manual transmission […] . See again [Nelson, FIG. 1 and pg. 1, para 0015], which shows a vehicle interior that includes a standard manual gear shift lever. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Nelson to specify an H-shifter as the shifting operation member. Substituting the shifter of Duo’ with the standard, H-shifter, of Nelson results in a predictable outcome, where both devices result in providing a shift input to the vehicle and further, there are a finite number of shifter types known to the art. Therefore, as stated in MPEP § 2143(I)(B) and § 2143(I)(E), it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify and to try using the H-shifter of Nelson in place of the shifter of Duo’ with reasonable expectation of success. Regarding Claim 3, Duo' as modified discloses the limitations of Claim 2. Duo further discloses: the control device is configured to, when in the control mode, change the torque of the electric motor according to a shift position selected by the pseudo […]shifter, an amount of operation of the pseudo clutch operation device, and an amount of operation of the accelerator pedal; […]. See again [Duo’, pg. 1, para 0001], which explains that the invention includes a performance and sound emulator for an electric, motorized, vehicle to simulate an engine and mechanical or sequential gearbox and [Duo’, FIG. 1], which shows a motorcycle with a sequential shift lever. See again [Duo’, pg. 2, paras 0016-0025], which explain that the emulator includes a control unit for controlling simulated gear values and an accelerator pedal for providing an acceleration signal and [Duo’, pg. 3, paras 0030-0038], which explain that the vehicle includes a clutch with a clutch signal, a gear shift selector with a gear signal, and an accelerator pedal with an acceleration signal, which are used in combination by the control unit to determine an output torque or power. Finally see [Duo’, pgs. 1-2, para 0006], which identifies that the art uses a pedal for the clutch operation device, “The system can simulate the use of a clutch pedal and/or gear lever in the sound. For example, the driver may perceive the clutch engagement delay (even if there is no clutch pedal). The system can include a database with traditional driving experience simulation data for a range of vehicles.” Duo’ does not disclose: […] H-shifter […]; and the notification that is given to the driver during the execution of the control mode is given by vibrating at least one of the pseudo H-shifter and the pseudo clutch operation device . However, Kopp teaches: […] and the notification that is given to the driver during the execution of the control mode is given by vibrating at least one of the […] and the […] clutch operation device . See again [Kopp, pg. 1, paras 0007-0008], which explain that the vibration actuators can be in the seat, steering wheel, pedals, arm rest, and head rest, and can be controlled to vibrate individually, at different frequencies, and in a pattern. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Kopp to include vibrating the pedal. Doing so allows for strategically warning and providing driver information through varying the vibration location or direction to provide better awareness of changed surrounding or severity of the hazard [Kopp, pg. 2, paras 0013-0014]. Further, although Kopp does not specify a clutch pedal, there are a finite number of pedals in any vehicle. Therefore, as stated in MPEP § 2143(I)(E), it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try applying the vibration mechanism of the accelerator or brake pedal of Kopp with the clutch pedal of Duo’ with reasonable expectation of success. However, Nelson teaches: […] H-shifter […]; and the notification that is given to the driver during the execution of the control mode is given by vibrating at least one of the […] H-shifter […] . See again [Nelson, FIG. 1 and pg. 1, para 0015], which shows a vehicle interior that includes a standard manual gear shift lever. Also see again [Nelson, pg. 1, para 0017], which explains that the manual shift knob can include a vibration mechanism and a contact sensor for detecting a driver’s hand, which are connected to a controller and [Nelson, pg. 1, para 0007], which explains that the shifter can be made to vibrate to indicate shift changes or provide the driver with notifications, warnings, or status changes associated with the vehicle or driving situation. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Nelson to include vibrating the shift device. Doing so allows for notifying the driver without requiring them to shift their attention away from the road and provides better notification than a simple visual cue, which improves safety, fuel economy, and vehicle performance [Nelson, pg. 1, paras 0005-0006]. Further, substituting the shifter of Duo’ with the standard, H-shifter, of Nelson results in a predictable outcome, where both devices result in providing a shift input to the vehicle and further, there are a finite number of shifter types known to the art. Therefore, as stated in MPEP § 2143(I)(B) and § 2143(I)(E), it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify and to try using the H-shifter of Nelson in place of the shifter of Duo’ with reasonable expectation of success. Regarding Claim 4, Duo' as modified discloses the limitations of Claim 1. Duo’ further discloses: the driving operation member includes an accelerator pedal; and the pseudo shifting operation member includes a pseudo sequential shifter imitating a sequential shifter of a manual transmission. See again [Duo’, pg. 1, para 0001], which explains that the invention includes a performance and sound emulator for an electric, motorized, vehicle to simulate an engine and mechanical or sequential gearbox and [Duo’, FIG. 1], which shows a motorcycle with a sequential shift lever. See again [Duo’, pg. 2, paras 0016-0025], which explain that the emulator includes a control unit for controlling simulated gear values and an accelerator pedal for providing an acceleration signal. Regarding Claim 5, Duo’ as modified discloses the limitations of Claim 4. Duo’ further discloses: the control device is configured to, when in the control mode, change the torque of the electric motor according to a shift position selected by the pseudo sequential shifter and an amount of operation of the accelerator pedal . See again [Duo’, pg. 2, paras 0016-0025], which explain that the emulator includes a control unit for controlling simulated gear values and an accelerator pedal for providing an acceleration signal and [Duo’, pg. 3, paras 0030-0038], which explain that the vehicle includes a clutch with a clutch signal, a gear shift selector with a gear signal, and an accelerator pedal with an acceleration signal, which are used in combination by the control unit to determine an output torque or power. Duo’ does not disclose: the notification that is given to the driver during the execution of the control mode is provided by vibrating the […] shifter. However, Nelson teaches: the notification that is given to the driver during the execution of the control mode is provided by vibrating the […] shifter. See [Nelson, FIG. 1 and pg. 1, para 0015], which shows a vehicle interior that includes a standard manual gear shift lever. See also [Nelson, pg. 1, para 0017], which explains that the manual shift knob can include a vibration mechanism and a contact sensor for detecting a driver’s hand, which are connected to a controller and [Nelson, pg. 1, para 0007], which explains that the shifter can be made to vibrate to indicate shift changes or provide the driver with notifications, warnings, or status changes associated with the vehicle or driving situation. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Nelson to include vibrating the shift device. Doing so allows for notifying the driver without requiring them to shift their attention away from the road and provides better notification than a simple visual cue, which improves safety, fuel economy, and vehicle performance [Nelson, pg. 1, paras 0005-0006]. Regarding Claim 6, Duo' as modified discloses the limitations of Claim 1. Duo’ further discloses: the driving operation member includes an accelerator pedal; and the pseudo shifting operation member includes a pseudo […]shifter imitating an […]shifter of a manual transmission. See again [Duo’, pg. 1, para 0001], which explains that the invention includes a performance and sound emulator for an electric, motorized, vehicle to simulate an engine and mechanical or sequential gearbox and [Duo’, FIG. 1], which shows a motorcycle with a sequential shift lever. See again [Duo’, pg. 2, paras 0016-0025], which explain that the emulator includes a control unit for controlling simulated gear values and an accelerator pedal for providing an acceleration signal. Duo does not disclose: […] H-shifter […] H-shifter of a manual transmission . However, Nelson teaches: […] H-shifter […] H-shifter of a manual transmission . See again [Nelson, FIG. 1 and pg. 1, para 0015], which shows a vehicle interior that includes a standard manual gear shift lever. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Nelson to specify an H-shifter as the shifting operation member. Substituting the shifter of Duo’ with the standard, H-shifter, of Nelson results in a predictable outcome, where both devices result in providing a shift input to the vehicle and further, there are a finite number of shifter types known to the art. Therefore, as stated in MPEP § 2143(I)(B) and § 2143(I)(E), it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify and to try using the H-shifter of Nelson in place of the shifter of Duo’ with reasonable expectation of success. Regarding Claim 7, Duo' as modified discloses the limitations of Claim 6. Duo’ further discloses: the control device is configured to, when in the control mode, change the torque of the electric motor according to a shift position selected by the pseudo […]shifter and an amount of operation of the accelerator pedal; and […] . See again [Duo’, pg. 2, paras 0016-0025], which explain that the emulator includes a control unit for controlling simulated gear values and an accelerator pedal for providing an acceleration signal and [Duo’, pg. 3, paras 0030-0038], which explain that the vehicle includes a clutch with a clutch signal, a gear shift selector with a gear signal, and an accelerator pedal with an acceleration signal, which are used in combination by the control unit to determine an output torque or power. Duo’ does not disclose: […] H-shifter […]; and the notification that is given to the driver during the execution of the control mode is given by vibrating the […] H-shifter. However, Nelson teaches: […] H-shifter […]; and the notification that is given to the driver during the execution of the control mode is given by vibrating the […] H-shifter. See again [Nelson, FIG. 1 and pg. 1, para 0015], which shows a vehicle interior that includes a standard manual gear shift lever. Also see again [Nelson, pg. 1, para 0017], which explains that the manual shift knob can include a vibration mechanism and a contact sensor for detecting a driver’s hand, which are connected to a controller and [Nelson, pg. 1, para 0007], which explains that the shifter can be made to vibrate to indicate shift changes or provide the driver with notifications, warnings, or status changes associated with the vehicle or driving situation. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Nelson to include vibrating the shift device. Doing so allows for notifying the driver without requiring them to shift their attention away from the road and provides better notification than a simple visual cue, which improves safety, fuel economy, and vehicle performance [Nelson, pg. 1, paras 0005-0006]. Further, substituting the shifter of Duo’ with the standard, H-shifter, of Nelson results in a predictable outcome, where both devices result in providing a shift input to the vehicle and further, there are a finite number of shifter types known to the art. Therefore, as stated in MPEP § 2143(I)(B) and § 2143(I)(E), it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify and to try using the H-shifter of Nelson in place of the shifter of Duo’ with reasonable expectation of success. Regarding Claim 9, Duo' as modified discloses the limitations of Claim 1. Duo further discloses: […] pseudo shifting operation member […] . See again [Duo’, pg. 3, paras 0035-0038], which explain that the vehicle includes a clutch with a clutch signal and a gear shift selector with a gear signal, which are used by the control unit. Duo does not disclose: the notification that is given to the driver during the execution of the control mode is given by vibrating the […] shifting operation member and an interior member that is used for interior of the battery electric vehicle. However, Nelson teaches: the notification that is given to the driver during the execution of the control mode is given by vibrating the […] shifting operation member . See again [Nelson, FIG. 1 and pg. 1, para 0015], which shows a vehicle interior that includes a standard manual gear shift lever. Also see again [Nelson, pg. 1, para 0017], which explains that the manual shift knob can include a vibration mechanism and a contact sensor for detecting a driver’s hand, which are connected to a controller and [Nelson, pg. 1, para 0007], which explains that the shifter can be made to vibrate to indicate shift changes or provide the driver with notifications, warnings, or status changes associated with the vehicle or driving situation. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Nelson to include vibrating the shift device. Doing so allows for notifying the driver without requiring them to shift their attention away from the road and provides better notification than a simple visual cue, which improves safety, fuel economy, and vehicle performance [Nelson, pg. 1, paras 0005-0006]. However, Kopp teaches: the notification that is given to the driver during the execution of the control mode is given by vibrating […] an interior member that is used for interior of the battery electric vehicle . See again [Kopp, pg. 1, paras 0007-0008], which explain that the vibration actuators can be in the seat, steering wheel, pedals, arm rest, and head rest, and can be controlled to vibrate individually, at different frequencies, and in a pattern and [Kopp, pg. 2, para 0013], which explains that the vehicle includes vibration actuators responsive to moving objects in the vehicle surroundings, including an approaching object. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Kopp to include using a sensor to perceive an approaching object and warn the driver by vibrating a vehicle cabin member. Doing so allows for strategically warning and providing driver information through varying the vibration location or direction to provide better awareness of changed surrounding or severity of the hazard [Kopp, pg. 2, paras 0013-0014]. Regarding Claim 10, Duo' as modified discloses the limitations of Claim 1. Duo further discloses: […] pseudo shifting operation member […] . See again [Duo’, pg. 3, paras 0035-0038], which explain that the vehicle includes a clutch with a clutch signal and a gear shift selector with a gear signal, which are used by the control unit. Duo does not disclose: the […] shifting operation member includes a contact sensor configured to detect contact by the driver; and the notification that is given to the driver during the execution of the control mode is given by vibrating the […] shifting operation member, in a case where the contact sensor detects the driver touching the […] shifting operation member, and vibrating an interior member that is used for interior of the battery electric vehicle, in a case where the contact sensor does not detect the driver touching the […] shifting operation member. However, Nelson teaches: the […] shifting operation member includes a contact sensor configured to detect contact by the driver; the notification that is given to the driver during the execution of the control mode is given by vibrating the […] shifting operation member, in a case where the contact sensor detects the driver touching the […] shifting operation member […] in a case where the contact sensor does not detect the driver touching the […] shifting operation member . See again [Nelson, FIG. 1 and pg. 1, para 0015], which shows a vehicle interior that includes a standard manual gear shift lever. Also see again [Nelson, pg. 1, para 0017], which explains that the manual shift knob can include a vibration mechanism and a contact sensor for detecting a driver’s hand, which are connected to a controller and [Nelson, pg. 1, para 0007], which explains that the shifter can be made to vibrate to indicate shift changes or provide the driver with notifications, warnings, or status changes associated with the vehicle or driving situation. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Nelson to include vibrating the shift device, when the driver is contacting the shift device. Doing so allows for notifying the driver without requiring them to shift their attention away from the road and provides better notification than a simple visual cue, which improves safety, fuel economy, and vehicle performance [Nelson, pg. 1, paras 0005-0006]. Examiner’s Note: Although not explicitly stated by Nelson, by stating “generat[ing] tactile vibrations that are perceived by the hand of the driver when it is in contact with knob ,” [Nelson, pg. 1, para 0017], it is inherent that when it is perceived that the hand of the driver is not in contact with the knob, the tactile vibrations would not be generated. However, Kopp teaches: vibrating an interior member that is used for interior of the battery electric vehicle . See again [Kopp, pg. 1, paras 0007-0008], which explain that the vibration actuators can be in the seat, steering wheel, pedals, arm rest, and head rest, and can be controlled to vibrate individually, at different frequencies, and in a pattern and [Kopp, pg. 2, para 0013], which explains that the vehicle includes vibration actuators responsive to moving objects in the vehicle surroundings, including an approaching object. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Kopp to include using a sensor to perceive an approaching object and warn the driver by vibrating a vehicle cabin member. Doing so allows for strategically warning and providing driver information through varying the vibration location or direction to provide better awareness of changed surrounding or severity of the hazard [Kopp, pg. 2, paras 0013-0014] . 07-21-aia AIA Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Duo' in view of Kopp and Nelson, further in view of Mays, PG Pub US 20140318293 A1 (herein "Mays") and Aitidis et al., PG Pub US-2019/0241161-A1 (herein "Aitidis") . Regarding Claim 8, Duo' as modified discloses the limitations of Claim 1. Duo further discloses: […] pseudo shifting operation member […] . See again [Duo’, pg. 3, paras 0035-0038], which explain that the vehicle includes a clutch with a clutch signal and a gear shift selector with a gear signal, which are used by the control unit. Duo does not disclose: the control device is configured to disable inputs from the […] shifting operation member while giving the notification to the driver by vibrating the […] shifting operation member. However, Mays teaches: […] disable […] while giving the notification to the driver by vibrating [the … member] . See [Mays, pg. 2, para 0020], which explains that the vehicle safety system of a host vehicle monitors the surroundings to identify safety concerns and hazardous operational conditions, such as an object moving outside the vehicle, “Generally described, the vehicle safety system 100 is incorporated into a vehicle, referred to as the "host" vehicle, such as vehicle 10, whereby it monitors the host vehicle surroundings and the operational characteristics of the host vehicle in order to identify potential safety concerns or hazardous operational conditions. This may include detecting a foreign object (e.g. a target object) outside of the host vehicle that could pose a potential threat to the host vehicle. The system 100 is capable of detecting a wide variety of different target objects, including both moving and non-moving objects. […]. The target object may also be a pedestrian crossing the road ahead of the host vehicle or stationary objects, such as trees, barriers, buildings, etc., on the periphery of the roadway.” See also [Mays, pg. 5, para 0037], which explains that the system includes using a haptic warning devices used to warn the driver and simultaneously deploying countermeasures such as limiting operability of the vehicle, “The system 100 of the host vehicle 10 then signals such an unsafe condition to the host vehicle operator via an audible, visual, and/or haptic warning via output devices 48, and simultaneously sends such time data and other data to other vehicles, such as a third vehicle, a trailing vehicle, following the host vehicle. Using all available data to determine the optimum response to prevent the collision, the vehicle safety system 100 of the host vehicle automatically deploys the appropriate countermeasure(s) to prevent the collision. These responses may include but are not limited to changing lanes, reducing vehicle speed through a variety of means but not limited to de-fueling the engine, applying engine brake, and applying antilock braking system, etc. The vehicle safety system 100 of the host vehicle may also transmit data indicative of countermeasures taken to at least the second vehicle and the third vehicle.” It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Mays to include disabling features during notification to the driver, based on a detection of an approaching object. Doing so supports identifying and mitigating hazards or collisions [Mays, pg. 1, para 0001] by ensuring that the driver is appropriately notified and that only safe corrective actions can be taken [Mays, pg. 1, paras 0003-0004]. However, Aitidis teaches: […] the control device is configured to disable inputs […] . See [Aitidis, pg. 1, paras 0013-0016], which explains that the intervention system includes a controller for automatically transitioning between a first and a second state dependent on a set of first and second conditions, ‘[0013] According to an aspect of the invention there is provided a control system for a driver assistance system of a vehicle using at least one transmitter/receiver sensor, the control system comprising: [0014] first means for causing automatic transition, between a first state in which the vehicle driver assistance system is inactive and a second state in which the vehicle driver assistance system is active, in dependence upon satisfaction of a first condition; and [0015] second means for causing automatic transition between the second state and the first state in dependence upon satisfaction of a second condition different to the first condition. [0016] The first means for causing automatic transition and/or the second means for causing automatic transition may comprise at least one of a controller, a control unit, a computational device and an electronic processor,” and [Aitidis, pg. 4, paras 0092-0095], which explains that the system transitions from a second active state to a first inactive state when the second condition occurs, “[0092] According to an aspect of the invention there is provided a method of controlling a driver assistance system of a vehicle comprising at least one transmitter/receiver sensor, the method comprising: [0093] causing automatic transition, from a first state in which the driver assistance system is inactive and a second state in which the driver assistance system is active, in dependence upon satisfaction of a first condition; and [0094] causing automatic transition from the second state to the first state in dependence upon satisfaction of a second condition different to the first condition, [0095] wherein transition from the second state to the first state does not occur in dependence upon the first condition no longer being satisfied, and/or transition from the second state to the first state does not occur in dependence upon the second condition no longer being satisfied.” See also [Aitidis, pg. 6, paras 0150-0169] which further explains that the second condition includes detecting of an approaching vehicle or object, “[0160] In some examples, the second condition is dependent upon one or more of the following: [0161] speed of the vehicle being above a threshold; [0162] acceleration of the vehicle being above a threshold; [0163] accelerator pedal of the vehicle being depressed beyond a threshold distance; [0164] rate of increase of accelerator pedal depression beyond a threshold; [0165] high gear during forward motion of the vehicle; [0166] current geographical location of the vehicle; [0167] data from the transmitter/receiver sensor; [0168] interpretation of camera images obtained by a camera comprised within or mounted to the vehicle; [0169] traffic in the vicinity of the vehicle suggests free flow conditions on an open road; and detection of approaching vehicles or objects at speeds or acceleration above a threshold.” Finally see [Aitidis, pg. 7, paras 0198 and 0200], which further explains that the automatic transition from a second state to a first state, includes inactivating features based on a detected second condition, “[0198] The description of a system as active means that the system is capable of performing at least one relevant function when it is active that it is not capable of performing when it is inactive. The description of a system as active means that the system is enabled to perform at least one relevant function when it is active that it is not enabled to perform when it is inactive. The description of a system as active does not necessarily mean that the system immediately intervenes, further conditions may be required after a state transition to cause intervention, for example. The description of a system as active may mean, but does not necessarily mean that all available functions or all available relevant functions are active (enabled). The description of a system as inactive may mean, but does not necessarily mean that all available functions or all available relevant functions are inactive (disabled). The term ‘inactive’ may therefore mean in some contexts fully inhibited (fully disabled) and in other contexts may mean partially inhibited (partially enabled). The term ‘active’ may therefore mean in some contexts fully enabled and in other contexts may mean partially enabled. […]. [0200] In this example, the second means does not cause automatic transition from the second state 320 to the first state 310 in dependence upon the first condition 412 no longer being satisfied. It maintains the second state 320 in which the driver assistance system 200 is active while the first condition 412 is no longer satisfied and until the second condition 421 is satisfied. This controls when the driver assistance is active and when it is no longer active using different conditions.” It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Aitidis to specify disabling inputs by the control module, based on a detection of an approaching object. Doing so allows for an automatic activation or deactivation system that is based on environmental surroundings, which ensures that the system intervenes only when helpful or necessary to avoid a negative driver experience [Aitidis, pg. 1, paras 0006-0008]. However, Nelson teaches: vibrating the […] shifting operation member. See again [Nelson, FIG. 1 and pg. 1, para 0015], which shows a vehicle interior that includes a standard manual gear shift lever. Also see again [Nelson, pg. 1, para 0017], which explains that the manual shift knob can include a vibration mechanism and a contact sensor for detecting a driver’s hand, which are connected to a controller and [Nelson, pg. 1, para 0007], which explains that the shifter can be made to vibrate to indicate shift changes or provide the driver with notifications, warnings, or status changes associated with the vehicle or driving situation. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Nelson to include vibrating the shift device. Doing so allows for notifying the driver without requiring them to shift their attention away from the road and provides better notification than a simple visual cue, which improves safety, fuel economy, and vehicle performance [Nelson, pg. 1, paras 0005-0006] . 07-21-aia AIA Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Duo' in view of Kopp . Regarding Claim 11, Duo' discloses: A battery electric vehicle that includes an electric motor as a driving source, the battery electric vehicle comprising: a driving operation member that is used to drive the battery electric vehicle; a pseudo shifting operation member imitating an operation member that is used to perform a shifting operation of a manual transmission internal combustion engine vehicle; a control device configured to control the battery electric vehicle according to an operation of the driving operation member; and […] wherein: the control device is configured to execute, according to selection by a driver, a control mode in which an operation of the pseudo shifting operation member is associated with torque of the electric motor, and […]. See again [Duo’, pg. 1, para 0001], which explains that the invention includes a performance and sound emulator for an electric, motorized, vehicle to simulate an engine and mechanical gearbox. Also see again [Duo’, pg. 10, paras 0165-0167], which explains that the vehicle includes a user interface that is connected to the control unit, where the driver can select to activate or deactivate emulation mode. Finally see again See again [Duo’, pg. 2, paras 0016-0025], which explain that the emulator includes a control unit for controlling simulated gear values and an accelerator pedal for providing an acceleration signal and [Duo’, pg. 3, paras 0030-0038], which explain that the vehicle includes a clutch with a clutch signal, a gear shift selector with a gear signal, and an accelerator pedal with an acceleration signal, which are used in combination by the control unit to determine an output torque or power. Duo’ does not disclose: […] a perception sensor configured to detect an object approaching the battery electric vehicle, wherein: the control device is configured to detect the object approaching the battery electric vehicle via the perception sensor, […], give notification to the driver by vibrating any member provided in a cabin of the battery electric vehicle, in a case where the object approaching the battery electric vehicle is detected; and the notification that is given to the driver during execution of the control mode includes notifying the driver by vibrating an interior member that is used for interior of the battery electric vehicle . However, Kopp teaches: […] a perception sensor configured to detect an object approaching the battery electric vehicle, wherein: the control device is configured to detect the object approaching the battery electric vehicle via the perception sensor, […], give notification to the driver by vibrating any member provided in a cabin of the battery electric vehicle, in a case where the object approaching the battery electric vehicle is detected; and the notification that is given to the driver during execution of the control mode includes notifying the driver by vibrating an interior member that is used for interior of the battery electric vehicle . See again [Kopp, pg. 1, para 0010], which explains that the vehicle includes surroundings sensors such as radar, ultrasonic, or LIDAR sensors, for detecting the surroundings and objects and [Kopp, pg. 2, para 0013], which further explains that the vehicle includes vibration actuators responsive to moving objects in the vehicle surroundings, including an approaching object. Also see again [Kopp, pg. 2, para 0015], which explains that, “The method may be implemented, for example, in software or hardware or in a mixed form of software and hardware, for example in a control unit.” Also see again [Kopp, pg. 1, paras 0007-0008], which explain that the vibration actuators can be in the seat, steering wheel, pedals, arm rest, and head rest, and can be controlled to vibrate individually, at different frequencies, and in a pattern. Finally see again [Kopp, pg. 2, para 0013], which explains that the vehicle includes vibration actuators responsive to moving objects in the vehicle surroundings, including an approaching object. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Duo’ with Kopp to include using a sensor to perceive an approaching object and warn the driver by vibrating a vehicle cabin member. Doing so allows for strategically warning and providing driver information through varying the vibration location or direction to provide better awareness of changed surrounding or severity of the hazard [Kopp, pg. 2, paras 0013-0014] . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference C, Modarres et al., PG Pub US-20160/107570-A1, discusses a system for detecting information associated with a vehicle’s surroundings, environment, or condition and outputting a haptic signal to a haptic device, where the devices are placed on interior surfaces or components that the user interacts with our touches, such as a floor mat or a door. Reference E, Baur et al., PG Pub US-2008/0060861-A1, discusses an electric entertainment vehicle that simulates a vehicle with an internal combustion engine and multiple gear ratios using a motor output torque, a gear selector such as a standard shifter or a paddle shifter, a clutch pedal, and sensors. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN MARIE HARTMANN whose telephone number is (571)272-5309. The examiner can normally be reached M-F 7-5. 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, Kito Robinson can be reached at (571) 270-3921. 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. /E.M.H./Examiner, Art Unit 3664 /KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664 Application/Control Number: 19/011,207 Page 2 Art Unit: 3664 Application/Control Number: 19/011,207 Page 3 Art Unit: 3664 Application/Control Number: 19/011,207 Page 4 Art Unit: 3664 Application/Control Number: 19/011,207 Page 6 Art Unit: 3664 Application/Control Number: 19/011,207 Page 7 Art Unit: 3664 Application/Control Number: 19/011,207 Page 8 Art Unit: 3664 Application/Control Number: 19/011,207 Page 9 Art Unit: 3664 Application/Control Number: 19/011,207 Page 10 Art Unit: 3664 Application/Control Number: 19/011,207 Page 11 Art Unit: 3664 Application/Control Number: 19/011,207 Page 12 Art Unit: 3664 Application/Control Number: 19/011,207 Page 13 Art Unit: 3664 Application/Control Number: 19/011,207 Page 14 Art Unit: 3664 Application/Control Number: 19/011,207 Page 15 Art Unit: 3664 Application/Control Number: 19/011,207 Page 16 Art Unit: 3664 Application/Control Number: 19/011,207 Page 17 Art Unit: 3664 Application/Control Number: 19/011,207 Page 18 Art Unit: 3664 Application/Control Number: 19/011,207 Page 19 Art Unit: 3664 Application/Control Number: 19/011,207 Page 20 Art Unit: 3664 Application/Control Number: 19/011,207 Page 21 Art Unit: 3664 Application/Control Number: 19/011,207 Page 22 Art Unit: 3664 Application/Control Number: 19/011,207 Page 23 Art Unit: 3664 Application/Control Number: 19/011,207 Page 24 Art Unit: 3664 Application/Control Number: 19/011,207 Page 25 Art Unit: 3664 Application/Control Number: 19/011,207 Page 26 Art Unit: 3664 Application/Control Number: 19/011,207 Page 27 Art Unit: 3664 Application/Control Number: 19/011,207 Page 28 Art Unit: 3664 Application/Control Number: 19/011,207 Page 29 Art Unit: 3664
Read full office action

Prosecution Timeline

Jan 06, 2025
Application Filed
Mar 31, 2026
Non-Final Rejection mailed — §103, §112
Jun 09, 2026
Response Filed
Aug 24, 2026
Final Rejection mailed — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12715436
SYSTEMS AND METHODS FOR VEHICLES NAVIGATING ROADS USING A CONTROL MODEL TRAINED WITH RESIDUAL POLICIES
2y 9m to grant Granted Aug 25, 2026
Patent 12703957
CONSTRUCTION EQUIPMENT
3y 9m to grant Granted Aug 11, 2026
Patent 12704436
BALER WITH BEARING HEALTH MONITOR
3y 5m to grant Granted Aug 11, 2026
Patent 12699372
UNIVERSAL MULTIMODAL PAYLOAD CONTROL
2y 11m to grant Granted Aug 04, 2026
Patent 12674298
SHOVEL
2y 6m to grant Granted Jul 07, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+33.0%)
2y 7m (~1y 0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 19 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month