Prosecution Insights
Last updated: August 18, 2026
Application No. 19/127,193

METHOD FOR CARRYING OUT A SITUATION-CONTINGENT BRAKING OPERATION OF A VEHICLE BY MEANS OF AN ELECTRONIC PARKING BRAKE, ELECTRONIC BRAKING SYSTEM AND MOTOR VEHICLE

Non-Final OA §102
Filed
May 05, 2025
Priority
Nov 03, 2022 — DE 10 2022 211 629.1 +1 more
Examiner
TRAN, LONG T
Art Unit
3747
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Volkswagen AG
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
1137 granted / 1367 resolved
+13.2% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
23 currently pending
Career history
1386
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
40.9%
+0.9% vs TC avg
§102
39.7%
-0.3% vs TC avg
§112
16.8%
-23.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1367 resolved cases

Office Action

§102
DETAILED ACTION 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 . Claims 11 – 22 remain pending in the application and have been fully considered. 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. Claim(s) 11 – 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moriya et al. (US 2022/0063633). Regarding Claim 11: Moriya et al. teaches a method for carrying out a braking operation of a vehicle, the method comprising the following steps: detecting an actuation of an electric parking brake of the vehicle by an occupant of the vehicle during travel of the vehicle (via 10 and 81, see paragraphs 0081, 0084, 0106 - 0108, 0100 – 0112, which describe a driver or vehicle occupant initiating EPB); acquiring at least one piece of environment information in an environment of the vehicle (via 11); determining, by an evaluating unit (10), a braking strategy on a basis of the at least one piece of environment information and of the actuated electric parking brake (Figs 3 – 4); and carrying out the braking operation on a basis of the braking strategy (Figs 3 – 4). Regarding Claim 12: Moriya et al. teaches determining a period of time for how long an actuating element of the electric parking brake is actuated by the occupant, and taking the period of time into account when determining the braking strategy (Figs 3 - 4). Regarding Claim 13: Moriya et al. teaches carrying out the braking operation as long as the actuating element is being actuated (Figs 3 – 4). Regarding Claim 14: Moriya et al. teaches providing the evaluating unit with at least one of navigation information or information of further vehicles in the environment, and taking at least one of the navigation information or the information of the further vehicles into account when determining the braking strategy (via 11, paragraph 0038). Regarding Claim 15: Moriya et al. teaches a braking trajectory on a basis of a current trajectory of the vehicle and of the at least one piece of environment information, and carrying out the braking operation on a basis of the braking trajectory (Figs 3 – 4, via brake timing based on detected external and internal data). Regarding Claim 16: Moriya et al. teaches acquiring with an interior sensing unit (via 12) occupants of the vehicle that are located in a passenger interior of the vehicle; determining a state and/or a behavior (paragraph 0043) of at least one occupant of the occupants in the vehicle; and taking into account the state and/or the behavior of the at least one occupant when determining the braking strategy (Figs 3 – 4). Regarding Claim 17: Moriya et al. teaches based on the state and/or the behavior of the at least one occupant, carrying out a system-side intervention in a transverse guidance of the vehicle (Fig 3). Regarding Claim 18: Moriya et al. teaches sensing at least one of the environment of the vehicle or a state of the vehicle during travel for continuously performing dynamic updating of a prediction braking strategy during travel, and taking into account the prediction braking strategy when determining the braking strategy for the actuated electric parking brake. (Figs 1 and 3). Regarding Claim 19: Moriya et al. teaches upon detecting that the electric parking brake has being actuated, checking whether or not a braking operation is to be carried out due to at least one situation selected from the group consisting of a current traffic situation, a current vehicle situation, and a current occupant situation (paragraphs 0038, 0043, Figs 1 – 4). Regarding Claim 20: Moriya et al. teaches using the braking strategy to characterize at least one of a braking force for at least one braking equipment of the vehicle, a braking duration, a braking intensity, a starting time for the braking operation, or a type of the braking operation (Figs 3 – 4). Regarding Claim 21: See rejection of Claim 1. Regarding Claim 2: See rejection of Claim 1. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LONG T TRAN whose telephone number is (571)270-1899. The examiner can normally be reached Mon - Fri 9:00 - 5:00. 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. /LONG T TRAN/Primary Examiner, Art Unit 3747
Read full office action

Prosecution Timeline

May 05, 2025
Application Filed
Jul 16, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12703360
Lane Departure Monitoring Methods and Apparatuses
1y 6m to grant Granted Aug 11, 2026
Patent 12691930
VEHICLE CONTROL DEVICE
1y 7m to grant Granted Jul 28, 2026
Patent 12686424
A RAILWAY COMMUNICATIONS SYSTEM
1y 7m to grant Granted Jul 21, 2026
Patent 12686422
SCREEN DOOR CONTROL METHOD SUPPORTING BOTH COUPLING AND BAGGAGE CARRIAGE
1y 4m to grant Granted Jul 21, 2026
Patent 12679484
TRACK SYSTEM FOR TRACTION OF A VEHICLE
3y 4m to grant Granted Jul 14, 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
83%
Grant Probability
97%
With Interview (+13.8%)
2y 0m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1367 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