Prosecution Insights
Last updated: October 23, 2026
Application No. 19/126,526

Controller and Method for Controlling the Operation of a Motor Vehicle

Final Rejection §102§103§112
Filed
May 01, 2025
Priority
Nov 11, 2022 — DE 10 2022 129 908.2 +1 more
Examiner
GREENE, MARK L
Art Unit
3747
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
10m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
291 granted / 382 resolved
+6.2% vs TC avg
Strong +20% interview lift
Without
With
+19.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
14 currently pending
Career history
405
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
39.6%
-0.4% vs TC avg
§102
17.9%
-22.1% vs TC avg
§112
34.9%
-5.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 382 resolved cases

Office Action

§102 §103 §112
CTNF 19/126,526 CTNF 93230 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 The amendment of 05/01/2025 has been entered. Claims 11-20 are currently pending in the application. Claims 1-10 have been canceled. 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 filed on 05/01/2025 as required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 05/01/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification 07-29 AIA The disclosure is objected to because of the following informalities: At 0053 line 2 “the control device 9” should read --the control device 8 --. Appropriate correction is required. Claim Objections 07-29-01 AIA Claim s 14-16 are objected to because of the following informalities: At claim 14 line 5 “the trajectory” should read --the trajectory of the at least one motor vehicle that has already performed the cornering--. At claim 15 line 3 “form” should read --from--. At claim 16 line 2 “consider” should read --to consider --. Appropriate correction is required. 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 AIA Claim s 14-16 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 pre-AIA the applicant regards as the invention. Claim 14 recites the limitation “the cornering” in line 3. There is insufficient antecedent basis for the limitation in the claim. For examination purposes the limitation has been considered as --a cornering--. Claim 15 recites the limitation “the target trajectory” in line 2. There is insufficient antecedent basis for the limitation in the claim. For examination purposes the claim has been considered as dependent upon claim 12. Claim 16 recites the limitation “generating the control signal” in line 4. There is insufficient antecedent basis for the limitation in the claim. For examination purposes the limitation has been considered as --controlling the steering of the motor vehicle--. Claim Analysis - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 11-20 are eligible under 35 U.S.C. 101 at step 2A prong 2 because the controlling a steering limitation in the independent claims integrates the recited mental processes into a practical application. Claim Rejections - 35 USC § 102 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 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA Claim s 11-13, 15, and 18 are rejected under 35 U.S.C. 102( a)(1) and 102(a)(2 ) as being anticipated by BERGMANN (US 2019/0176879, provided by Applicant on 05/01/2025) . Regarding claim 11, BERGMANN discloses a control device for controlling the operation of a motor vehicle, the control device comprising: an electronic control unit (26) of a driving assistance system (implied, 0025 lines 3-4), the electronic control unit configured to: identify a profile of a curve radius and/or curve curvature (0025 lines 4-6, 0026 lines 2-3), and control a steering of the motor vehicle based on the identified profile (0025 lines 8-10), wherein controlling the steering comprises continuously controlling a steering ratio of the steering (continuously adjustable, 0026 lines 1-2). The claimed "Generic Computing Component” (e.g., control unit, processor, component) is taken as known to a person of ordinary skill in the art as an electronic control unit, ECU, or microprocessor which are conventional computers with non-transitory memory or art recognized equivalents including but not limited to a single controller, sections or parts of a single controller, or multiple linked controllers. Regarding claim 12, BERGMANN discloses the control device of claim 11. BERGMANN further discloses wherein the electronic control unit is further configured to: identify a target trajectory of the motor vehicle for a cornering (implied, 0025 lines 6-8), and identify the profile of the curve radius and/or curve curvature based on the target trajectory (0025 lines 4-11, 0026 lines 2-3). Regarding claim 13, BERGMANN discloses the control device of claim 12. BERGMANN further discloses wherein the electronic control unit is further configured to determine the target trajectory based on a present position of the motor vehicle and map data (0024 lines 1-3 and 5-end). Regarding claim 15, BERGMANN discloses the control device of claim 12. BERGMANN discloses wherein the electronic control unit is further configured to determine the target trajectory based on a lane guidance that has been determined from sensor data of an environment sensor system of the motor vehicle (0025 lines 4-8). See rejection under 112(b) above for explanation of change in claim dependency. Regarding claim 18, BERGMANN discloses a motor vehicle (Fig. 1) comprising the control device of claim 11 . 07-15 AIA Claim s 11 and 19-20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by FICCA (DE 10 2021 202 343) . Regarding claim 11, FICCA discloses a control device for controlling the operation of a motor vehicle, the control device comprising: an electronic control unit (10) of a driving assistance system (i.e., assists driver by generating a steering actuator control signal, 0032 lines 5-6), the electronic control unit configured to: identify a profile of a curve radius and/or curve curvature (0020 lines 6-18), and control a steering of the motor vehicle based on the identified profile (0020 lines 6-7), wherein controlling the steering comprises continuously controlling a steering ratio of the steering (the steering ratio is a continuous function of curve radius, Fig. 2). Regarding claim 19, FICCA discloses a method for controlling the operation of a motor vehicle, the method comprising: identifying a profile of a curve radius and/or curve curvature (0020 lines 6-18); and controlling a steering of the motor vehicle based on the identified profile of the curve radius and/or curve curvature (0020 lines 6-7), wherein the control of the steering comprises continuous control of a steering ratio of the steering (the steering ratio is a continuous function of curve radius, Fig. 2). Regarding claim 20, FICCA discloses a non-transitory computer readable medium storing instructions executable by a computing device to carry out the method of claim 19 (implied, 0038 line 1) . 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 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over BERGMANN (US 2019/0176879, provided by Applicant on 05/01/2025) in view of GUSENBAUER (DE 10 2013 211 696) . Regarding claim 14, BERGMANN discloses the control device of 13. BERGMANN discloses determining the target trajectory based on a present position of the motor vehicle and map data (0024 lines 1-3 and 5-end). BERGMANN is not relied upon to teach wherein the map data comprise a trajectory of at least one motor vehicle that has already performed a cornering as claimed. GUSENBAUER teaches map data comprise a trajectory of at least one motor vehicle that has already performed a cornering (p. 2 ll. 40-43, p. 7 ll. 27-31), and wherein an electronic control unit is configured to identify a target trajectory based on the trajectory of the at least one motor vehicle that has already performed the cornering (p. 2 ll. 49-51) such that a current and highly precise, in particular lane-accurate, digital road map can always be provided without a great outlay being required for this purpose (p. 2 ll. 45-46). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to produce and update the map data of BERGMANN in the manner taught by GUSENBAUER to provide a current and highly precise, in particular lane-accurate, digital road map without a great outlay being required for this purpose . 07-21-aia AIA Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over FICCA (DE 10 2021 202 343) in view of GHASEMALIZADEH (US 11,014,569) . Regarding claim 16, FICCA discloses the control device of claim 11. FICCA further discloses wherein the electronic control unit is further configured consider: a longitudinal acceleration and/or a lateral acceleration of the motor vehicle (0049 lines 2-4) when generating the control signal (0049 lines 2-4). FICCA is not relied upon to teach the longitudinal and/or lateral acceleration of the motor vehicle determined based on sensor data from at least one driving dynamics sensor of the motor vehicle. GHASEMALIZADEH teaches determining a longitudinal acceleration and a lateral acceleration of a motor vehicle based on sensor data from at least one driving dynamics sensor (329) of the motor vehicle (col. 9 lines 45-48). It would have been an obvious matter of design choice to a person of ordinary skill in the art before the effective filing date of the claimed invention to determine the longitudinal and/or lateral acceleration in FICCA from a driving dynamics sensor as taught by GHASEMALIZADEH to utilize and old and well-known technique for measure vehicle dynamics parameters. Furthermore, Applicant has not disclosed any criticality in determining the longitudinal and/or lateral acceleration in this manner in the practice of Applicant’s invention . 07-21-aia AIA Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over BERGMANN (US 2019/0176879, provided by Applicant on 05/01/2025) in view of SATO (JP 2004-210198) . Regarding claim 17, BERGMANN discloses the control device of claim 11. BERGMANN is not relied upon to teach the further limitations of the claim. SATO teaches controlling steering such that a steering wheel angle of a steering wheel (θ, Fig. 11, pg. 11 line 2) of the steering of the motor vehicle does not exceed a predetermined maximum steering wheel angle (θp, Fig. 11, pg. 11 lines 5-7) to allow the driver to steer without changing the position of their hands on the steering wheel (pg. 11 lines 5-6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the electronic control unit of BERGMANN as taught by SATO to allow the driver to steer without changing the position of their hands on the steering wheel . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. SATO (JP 2010-208581) discloses the subject matter of claim 11 (i.a. abstract). ALESTRA (US 2025/0206369) discloses subject similar to that of Applicant’s invention but is not prior art. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK L. GREENE whose telephone number is (571)270-7555. The examiner can normally be reached M-F 8:30-4:30 PM. 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, Logan Kraft can be reached at (571) 270-5065. 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. /MARK L. GREENE/Primary Examiner, Art Unit 3747 Application/Control Number: 19/126,526 Page 2 Art Unit: 3747 Application/Control Number: 19/126,526 Page 3 Art Unit: 3747 Application/Control Number: 19/126,526 Page 5 Art Unit: 3747 Application/Control Number: 19/126,526 Page 6 Art Unit: 3747 Application/Control Number: 19/126,526 Page 7 Art Unit: 3747 Application/Control Number: 19/126,526 Page 8 Art Unit: 3747 Application/Control Number: 19/126,526 Page 9 Art Unit: 3747
Read full office action

Prosecution Timeline

May 01, 2025
Application Filed
May 20, 2026
Non-Final Rejection mailed — §102, §103, §112
Aug 13, 2026
Response Filed
Oct 20, 2026
Final Rejection mailed — §102, §103, §112 (current)

Precedent Cases

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2y 0m to grant Granted Sep 15, 2026
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
76%
Grant Probability
96%
With Interview (+19.9%)
2y 3m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 382 resolved cases by this examiner. Grant probability derived from career allowance rate.

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