Prosecution Insights
Last updated: October 25, 2026
Application No. 19/099,456

VEHICLE, APPARATUS, COMPUTER PROGRAM, AND METHOD FOR A KERNEL

Non-Final OA §102§112
Filed
Jan 28, 2025
Priority
Jul 29, 2022 — EU 22187831.7 +1 more
Examiner
ROJAS, MIDYS
Art Unit
2133
Tech Center
2100 — Computer Architecture & Software
Assignee
Elektrobit Automotive GmbH
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
730 granted / 832 resolved
+32.7% vs TC avg
Moderate +8% lift
Without
With
+7.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
14 currently pending
Career history
858
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
37.7%
-2.3% vs TC avg
§102
28.8%
-11.2% vs TC avg
§112
23.2%
-16.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 832 resolved cases

Office Action

§102 §112
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 . Drawings The drawings received on 1/28/2025 have been accepted by the examiner. Claim Rejections - 35 USC § 112 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. Claims 1-13 are 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. Claims 1, 11, 13, the limitations drawn to “safety-relevant” and “non-safety-relevant” applications render the claim indefinite since it is not clear safety of what or from what the claim refers to. The context of the claimed safety is unclear. Additionally, the claimed service is unclear since it is not clear what the service entails, what is being serviced or what the service is doing. Claims 2-10 are rejected for having the same deficiencies as Claim 1. Claim 2, the limitation “…the partition manager or separate memory managing component” is unclear since it is not understood under what circumstances it would be one or the other thus requiring the use of the claimed “or”. Additionally, the “ownership of memory pages” is unclear since the claim does not define what is owning the pages. Claim 5, the term inter-process communication is unclear and renders the claim indefinite since it is not understood in between what processes the communication is occurring. Claims 6-10 are rejected for having the same deficiencies as Claim 5. Claim 7, the information as claimed is indefinite. It is not clear what the information being claimed refers to. Is the information being exchanged or is other data being exchanged? Claim 9, the phase “in consideration” renders the claim indefinite since it is not clear what is being considered. Claim 10, the phrase “shall be isolated from another” renders the claim indefinite since it is not clear if its being isolated or not. Under what conditions is it or is it not being isolated? What does the term “another” refer to? 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 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heiser [The seL4 Microkernel]. Claim 1, Heiser discloses a method for a kernel and for executing at least one safety-relevant application and at least one non-safety-relevant application [Chapter 1, seL4 ensures safety on time critical system, Chapter 5 intro], the method comprising: receiving, by a partition manager for the kernel, from at least one of the applications a system call for a service [Chapter 1, seL4 is an operating system microkernel; section 2.1]; checking, by the partition manager, if the service is permitted to the application [Chapter 1, seL4 improves security with fine grained access control, section 2.1]; and providing the service to the application if the service is permitted to the application [section 3.1, security properties]. Claim 2, Heiser discloses the method of claim 1, wherein the method further comprises tracking, by the partition manager or a separate memory managing component, ownership of memory pages for the safety-relevant application and the at least one non-safety-relevant application [Chapter 1 and section 2.1]. Claim 3, Heiser discloses the method of claim 1, wherein checking if the service is permitted to the application comprises: obtaining information on service privileges of the application and information on the service; and comparing the information on the service privileges and the information on the service to check if the service is permitted to the application [capabilities encode bot the service and the privilege level, Chapter 1]. Claim 4, Heiser discloses the method of claim1, wherein providing the service to the application comprises forwarding the system call to the kernel for the kernel to provide the service [seL4’s IPC mechanism forwards requests to kernel managed endpoints, section 2.1]. Claim 5, Heiser discloses the method of claim1, wherein the service call includes a request for an inter-process communication (IPC), and wherein providing the service to the application comprises establishing the IPC [IPC is the core mechanism of seL4, section 2.1]. Claim 6, Heiser discloses the method of claim 5, wherein establishing the IPC comprises forwarding, by the partition manager, the IPC request to the kernel for the kernel to establish an IPC connection for the IPC [kernel establishes IPC channels, section 2.1]. Claim 7, Heiser discloses the method of claim 6, wherein establishing the IPC connection comprises providing the application with information on an IPC memory area for exchanging data as part of the IPC [shared memory IPC is explicitly described, section 3.2 and Fig 3.3]. Claim 8, Heiser discloses the method of claim 1,wherein the method further comprises: obtaining, by the partition manager, memory for applications from the memory management component; and mapping, by the partition manager, a first memory area of the memory to a safety partition for the safety-relevant application; and mapping, by another or the same partition manager, a second memory area of the memory to one or more other safety or non-safety partitions for another safety or non- safety-relevant applications, wherein the first and the second memory area do not overlap besides an explicitly shared memory area, if such a shared memory is provided [seL4 partitions memory into isolated sandboxes, Chapter 1, section 2.1]. Claim 9, Heiser discloses the method of claim 8, wherein the method comprises determining, by the partition manager, the second memory area in consideration of the first memory area and providing the second memory area to the other partition manager or itself [seL4 capability controlled memory allocation ensures non overlap, section 2.1]. Claim 10, Heiser discloses the method of claim 9, wherein the method further comprises allocating one or more memory areas to another partition manager for one or more safety and non-safety-relevant applications which shall be isolated from another and previously defined memory areas [seL4 allocates isolated memory regions, section 2.1]. Claims 11 and 13 are rejected using the same rationale as Claim 1. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ishikawa et al. [US 2013/0191617]; Computer System, Computer System Control Method, Computer System Control Program, and Integrated Circuit. See par. 0145. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIDYS ROJAS whose telephone number is (571)272-4207. The examiner can normally be reached 7:00am -3:00pm M-F. 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, Rocio del Mar Perez-Velez can be reached at (571) 270-5935. 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. /MIDYS ROJAS/Primary Examiner, Art Unit 2133
Read full office action

Prosecution Timeline

Jan 28, 2025
Application Filed
Sep 08, 2026
Non-Final Rejection mailed — §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12769468
TECHNIQUES TO PREDICT OR DETERMINE TIME-TO-READY FOR A STORAGE DEVICE
1y 10m to grant Granted Oct 20, 2026
Patent 12717717
INTEGRATED CIRCUIT CHIP TO SELECTIVELY PROVIDE TAG ARRAY FUNCTIONALITY OR CACHE ARRAY FUNCTIONALITY
3y 8m to grant Granted Aug 25, 2026
Patent 12717479
METHOD OF FORMING FERROELECTRIC CHIPLET IN A MULTI-DIMENSIONAL PACKAGING WITH I/O SWITCH EMBEDDED IN A SUBSTRATE OR INTERPOSER
2y 0m to grant Granted Aug 25, 2026
Patent 12699527
TWO-DIMENSIONAL DATA ACCESS FOR VOLATILE MEMORY
4y 0m to grant Granted Aug 04, 2026
Patent 12670400
SYNAPTIC MEMORY AND MEMORY ARRAY USING FOWLER-NORDHEIM TIMERS
3y 4m to grant Granted Jun 30, 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

1-2
Expected OA Rounds
88%
Grant Probability
96%
With Interview (+7.8%)
2y 8m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 832 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