Prosecution Insights
Last updated: August 17, 2026
Application No. 19/278,616

METHOD AND APPARATUS FOR CONTROLLING AUTOMATED PARKING FOR VEHICLE

Non-Final OA §102§112
Filed
Jul 23, 2025
Priority
Nov 28, 2024 — RE 10-2024-0173446
Examiner
MILLER, LEAH NICOLE
Art Unit
3663
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Kia Corporation
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
1y 11m
Est. Remaining
53%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
23 granted / 40 resolved
+5.5% vs TC avg
Minimal -4% lift
Without
With
+-4.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
20 currently pending
Career history
70
Total Applications
across all art units

Statute-Specific Performance

§101
9.2%
-30.8% vs TC avg
§103
37.2%
-2.8% vs TC avg
§102
25.9%
-14.1% vs TC avg
§112
27.0%
-13.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 40 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 . Status of Claims This Office Action is in response to the application filed on 23 July 2025. Claims 1-20 are presently pending and are presented for examination. Priority Acknowledgement is made of applicant’s claim for foreign priority based on an application KR10-2024-0173446 filed in Republic of Korea on 28 November 2024. Applicant cannot rely upon the certified copy of the foreign priority application to overcome potential future rejections made using references falling between the filing date and the foreign priority date, because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216. No action is required by Applicant at this time. Claim Objections Claim(s) 1-2, 5, 12, and 15 is/are objected to because of the following informalities: Claim 1, claim 2, and claim 12: “determining that the condition for resuming is satisfied” should be “determining that the condition for resuming automatic parking is satisfied”; and Claim 5 and claim 15: “detected during operation of the system” should be “detected during operation of the automatic parking system”. Appropriate correction is required. 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. Claim(s) 4, 10, 14, and 19 is/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. Claim(s) 4 and 14 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: a previous time reaching a scan completion point. Claims 4 and 14 recite: “determining whether the vehicle reaches a scan completion point again.” It is unclear how an action can be executed “again” when there is no previous mention of the action occurring. Claim(s) 10 and 19 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: a time point when a parking space was previously displayed. Claim 10 and 19 recite: “determining whether a time point for re-displaying the parking space”. It is unclear how an action can be executed again (i.e., “re-displaying”) when there is no previous mention of the action occurring. Claim(s) 10 and 19 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: a previous time that a user has moved the vehicle. Claim 10 and 19 recite: “a user has moved the vehicle again”. It is unclear how an action can be executed “again” when there is no previous mention of the action occurring. Claims 10 and 19 recite the limitation "the parking space", in the second line of the claim. There is insufficient antecedent basis for this limitation in the claim. Claims 10 and 19 recite the limitation "the selected parking type". There is insufficient antecedent basis for this limitation in the claim. 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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US-20180043905-A1, hereinafter “Kim”. Regarding claim 12, and analogous claims 1 and 2: Kim discloses An apparatus for resuming automatic parking of a vehicle (Kim, FIG. 2; para. 0002: “The present invention relates to a parking assistance apparatus and a vehicle including the same.”), the apparatus comprising: Regarding claims 1 and 2, Kim also discloses A method for resuming automatic parking of a vehicle (Kim, FIG. 6, FIG. 12, FIG. 18). at least one processor (Kim, FIG. 2; para. 0078: “Referring to FIG. 2, the parking assistance apparatus 100 may include an input unit 110, a communication unit 120, an interface unit 130, a memory 140, a sensor unit 155, a processor 170 [i.e., at least one processor], a display unit 180, an audio output unit 185, and a power supply 190.”); and at least one memory coupled with the at least one processor to be operable (Kim, FIG. 2; para. 0078: “Referring to FIG. 2, the parking assistance apparatus 100 may include an input unit 110, a communication unit 120, an interface unit 130, a memory 140 [i.e., at least one memory coupled with the at least one processor to be operable], a sensor unit 155, a processor 170, a display unit 180, an audio output unit 185, and a power supply 190.”), wherein the at least one memory stores instructions that cause the at least one processor to perform operations of (Kim, para. 0111: “Next, the memory 140 [i.e., the at least one memory] may store a variety of data for overall operation of the parking assistance apparatus 100, such as a program for processing or control of the processor 170 [i.e., stores instructions that cause the at least one processor to perform operations].”; para. 0112: “In addition, the memory 140 may store data and commands for operation of the parking assistance apparatus 100 and a plurality of application programs or applications executed in the parking assistance apparatus 100 [i.e., stores instructions that cause the at least one processor to perform operations].”): determining whether deactivation of an automatic parking system is required (Kim, para. 0178: “Furthermore, when receiving the user's brake operation input information, the processor 170 may measure the degree of the brake operation and detect the user's intention for the brake operation (S103). That is, the processor 170 may determine whether to stop the automatic parking function depending on the degree of the brake operation of the user [i.e., determining whether deactivation of an automatic parking system is required].”); deactivating the automatic parking system in response to determining that the deactivation is required (Kim, para. 0184: “That is, the processor 170 may analyze the degree of the brake operation of the user and when the degree of the brake operation is greater than the predetermined value, pause the automatic parking function (S104) [i.e., deactivating the automatic parking system in response to determining that the deactivation is required]. In this case, the pause of automatic parking means a state in which the vehicle stops, that is, a state in which the automatic parking function (for example, automatic steering control) is to be resumed in response to release of a stopped state.”); storing, at a time point when the automatic parking system is deactivated, vehicle position information and parking space recognition information (Kim, para. 0190: “On the contrary, when the duration for which the brake operation input is maintained is equal to or less than the predetermined time, the processor 170 may automatically control the steering of the vehicle such that the vehicle follows the parking path P [i.e., vehicle position information and parking space recognition information] when the vehicle moves as the brake operation input is reduced or released. That is, the processor 170 may resume the automatic parking function.”; para. 0192: “When the user resumes the automatic parking function, the parking assistance apparatus 100 may perform control such that the vehicle is automatically parked in the target parking space T which is previously selected [i.e., storing, at a time point when the automatic parking system is deactivated, vehicle position information and parking space recognition information].”; para. 0075: “The parking assistance apparatus 100 according to the present embodiment may design a parking path from a current position to a target parking position when the target parking position is determined and perform control such that a vehicle follows the parking path, thus providing the automatic parking function for allowing the vehicle to be automatically parked.”; para. 0026: “When there is a user input for resuming the automatic parking function after the automatic parking function is released, the processor may redesign a parking path for directing the vehicle to the target parking space from a current position and perform control such that the vehicle follows the redesigned parking path.”); determining whether a condition for resuming automatic parking is satisfied (Kim, para. 0184: “That is, the processor 170 may analyze the degree of the brake operation of the user and when the degree of the brake operation is greater than the predetermined value, pause the automatic parking function (S104). In this case, the pause of automatic parking means a state in which the vehicle stops, that is, a state in which the automatic parking function (for example, automatic steering control) is to be resumed in response to release of a stopped state [i.e., determining whether a condition for resuming automatic parking is satisfied].”); and reactivating the automatic parking system based on the stored vehicle position information and the stored parking space recognition information in response to determining that the condition for resuming is satisfied (Kim, para. 0190: “On the contrary, when the duration for which the brake operation input is maintained is equal to or less than the predetermined time, the processor 170 may automatically control the steering of the vehicle such that the vehicle follows the parking path P when the vehicle moves as the brake operation input is reduced or released. That is, the processor 170 may resume the automatic parking function [i.e., reactivating the automatic parking system based on the stored vehicle position information and the stored parking space recognition information in response to determining that the condition for resuming is satisfied].”). Regarding claim 13, and analogous claim 3: Kim discloses The apparatus of claim 12, wherein determining whether the deactivation of the automatic parking system is required comprises determining that deactivation is required in response to a user manually moving the vehicle before automatic parking control is initiated after completion of parking space recognition (Kim, para. 0025: “The processor may receive the steering operation input information through the interface unit and, when a steering operation value exceeds a predetermined value, release the automatic parking function [i.e., determining that deactivation is required in response to a user manually moving the vehicle before automatic parking control is initiated after completion of parking space recognition].”; para. 0075: “The parking assistance apparatus 100 according to the present embodiment may design a parking path from a current position to a target parking position [i.e., parking space recognition] when the target parking position is determined and perform control such that a vehicle follows the parking path, thus providing the automatic parking function for allowing the vehicle to be automatically parked.”). Regarding claim 14, and analogous claim 4: Kim discloses The apparatus of claim 13, determining whether the condition for resuming automatic parking is satisfied comprises determining whether the vehicle reaches a scan completion point again (Kim, para. 0026: “When there is a user input for resuming the automatic parking function after the automatic parking function is released, the processor may redesign a parking path for directing the vehicle to the target parking space from a current position [i.e., determining whether the vehicle reaches a scan completion point again] and perform control such that the vehicle follows the redesigned parking path [i.e., determining whether the condition for resuming automatic parking is satisfied].”). Regarding claim 15, and analogous claim 5: Kim discloses The apparatus of claim 12, wherein determining whether the deactivation of the automatic parking system is required comprises determining that deactivation is required in response to user intervention detected during operation of the system (Kim, para. 0014: “The processor may release the automatic parking function [i.e., determining whether the deactivation of the automatic parking system is required] when a duration of a brake operation input exceeds a predetermined time [i.e., user intervention detected during operation of the system].”). Regarding claim 16, and analogous claim 6: Kim discloses The apparatus of claim 15, wherein determining whether the condition for resuming the automatic parking is satisfied comprises determining whether system deactivation caused by user intervention corresponds to a re-entry type (Kim, para. 0191-0192: “It is noted that, referring to FIG. 9, the processor 170 may provide a pop-up window 23i on the display unit 180 so as to allow the user to determine whether to resume the automatic parking function [i.e., determining whether the condition for resuming the automatic parking is satisfied], in order to grasp the user's intention in a state in which the automatic parking function is released. When the user resumes the automatic parking function, the parking assistance apparatus 100 may perform control such that the vehicle is automatically parked in the target parking space T which is previously selected [i.e., determining whether system deactivation caused by user intervention corresponds to a re-entry type].”). Regarding claim 17, and analogous claims 7 and 9: Kim discloses The apparatus of claim 15, wherein determining whether the condition for resuming the automatic parking is satisfied comprises receiving a user input to resume automatic parking using the stored parking space recognition information (Kim, FIG. 9; para. 0191-0192: “It is noted that, referring to FIG. 9, the processor 170 may provide a pop-up window 23i on the display unit 180 so as to allow the user to determine whether to resume the automatic parking function [i.e., receiving a user input to resume automatic parking using the stored parking space recognition information], in order to grasp the user's intention in a state in which the automatic parking function is released. When the user resumes the automatic parking function [i.e., determining whether the condition for resuming the automatic parking is satisfied], the parking assistance apparatus 100 may perform control such that the vehicle is automatically parked in the target parking space T which is previously selected [i.e., using the stored parking space recognition information].”). Regarding claim 18, and analogous claim 8: Kim discloses The apparatus of claim 12, wherein determining whether deactivation of the automatic parking system is required comprises determining that deactivation is required in response to a user failing to follow an operation procedure of the automatic parking system (Kim, para. 0221: “Also, the processor 170 may determine the user's intention by comparing a path through which the vehicle has moved according to the accelerator operation [i.e., a user failing to follow an operation procedure of the automatic parking system] with a designed parking path P.”; para. 0224: “When it is difficult to design a parking path from a position of the vehicle that deviates from the parking path P due to the instantaneous acceleration of the vehicle [i.e., determining that deactivation is required in response to a user failing to follow an operation procedure of the automatic parking system], the processor 170 may release the automatic parking mode [i.e., determining whether deactivation of the automatic parking system is required].”), and wherein determining whether the condition for resuming the automatic parking is satisfied comprises receiving a user input to resume automatic parking using the stored parking space recognition information (Kim, FIG. 9; para. 0191-0192: “It is noted that, referring to FIG. 9, the processor 170 may provide a pop-up window 23i on the display unit 180 so as to allow the user to determine whether to resume the automatic parking function [i.e., receiving a user input to resume automatic parking using the stored parking space recognition information], in order to grasp the user's intention in a state in which the automatic parking function is released. When the user resumes the automatic parking function [i.e., determining whether the condition for resuming the automatic parking is satisfied], the parking assistance apparatus 100 may perform control such that the vehicle is automatically parked in the target parking space T which is previously selected [i.e., using the stored parking space recognition information].”). Regarding claim 19, and analogous claim 10: Kim discloses The apparatus of claim 12, wherein the operations further comprise: determining whether a time point for re-displaying the parking space is reached after a user has moved the vehicle again (Kim, FIG. 8; FIG. 9; para. 0185: “Referring to FIG. 8, the processor 170 may display, through the display unit 180, a graphic image 21i indicating that a brake operation input is performed and a graphic image 22i [i.e., displaying the parking space] indicating that automatic parking function is paused, when the automatic parking function is paused by the brake operation of the user. Therefore, the user may know that automatic parking is paused by the brake operation of the user herself or himself through the display unit 180.”; para. 0190: “On the contrary, when the duration for which the brake operation input is maintained is equal to or less than the predetermined time [i.e., determining whether a time point for re-displaying the parking space is reached], the processor 170 may automatically control the steering of the vehicle such that the vehicle follows the parking path P when the vehicle moves as the brake operation input is reduced or released [i.e., a user has moved the vehicle again]. That is, the processor 170 may resume the automatic parking function.”); and visually displaying the parking space recognition information to the user in response to determining that the time point for re-displaying the parking space is reached (Kim, FIG. 9; para. 0191-0192: “It is noted that, referring to FIG. 9, the processor 170 may provide a pop-up window 23i on the display unit 180 [i.e., visually displaying the parking space recognition information to the user] so as to allow the user to determine whether to resume the automatic parking function, in order to grasp the user's intention in a state in which the automatic parking function is released [i.e., determining that the time point for re-displaying the parking space is reached]. When the user resumes the automatic parking function, the parking assistance apparatus 100 may perform control such that the vehicle is automatically parked in the target parking space T [i.e., the parking space] which is previously selected.”), wherein the time point for re-displaying the parking space is a moment when the vehicle reaches a position where automatic parking control according to the selected parking type can be initiated (Kim, FIG. 9, para. 0191-0192: “It is noted that, referring to FIG. 9, the processor 170 may provide a pop-up window 23i on the display unit 180 so as to allow the user to determine [i.e., the time point for re-displaying the parking space] whether to resume the automatic parking function, in order to grasp the user's intention in a state in which the automatic parking function is released [i.e., a moment when the vehicle reaches a position where automatic parking control according to the selected parking type can be initiated]. When the user resumes the automatic parking function, the parking assistance apparatus 100 may perform control such that the vehicle is automatically parked in the target parking space T [i.e., the parking space] which is previously selected.”). Regarding claim 20, and analogous claim 11: Kim discloses The apparatus of claim 12, wherein reactivating the automatic parking system comprises: calculating a traveling distance between a position of the vehicle when the automatic parking system was deactivated and a current position of the vehicle (Kim, para. 0024: “When the vehicle deviates from the parking path which is previously designed due to acceleration of the vehicle, the processor may newly design a parking path for directing the vehicle to the target parking space and perform control such that the vehicle follows the newly-designed parking path [i.e., calculating a traveling distance between a position of the vehicle when the automatic parking system was deactivated and a current position of the vehicle].”; para. 0026: “When there is a user input for resuming the automatic parking function after the automatic parking function is released, the processor may redesign a parking path for directing the vehicle to the target parking space from a current position and perform control such that the vehicle follows the redesigned parking path.”); updating a parking path based on the stored parking space recognition information, the traveling distance and the current position of the vehicle; and controlling automatic parking of the vehicle based on the updated parking path (Kim, para. 0026: “When there is a user input for resuming the automatic parking function after the automatic parking function is released, the processor may redesign a parking path for directing the vehicle to the target parking space from a current position [i.e., updating a parking path based on the stored parking space recognition information, the traveling distance and the current position of the vehicle] and perform control such that the vehicle follows the redesigned parking path [i.e., controlling automatic parking of the vehicle based on the updated parking path].”). Additional Relevant Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR-20140052421-A (2014-05-07) | Translated abstract: “The present invention discloses an automatic parking assist system having a deactivation function and a method thereof. The automatic parking assist system searches for a parking available area by using a sensor of a vehicle. When the parking available area is acquired, if the condition of the vehicle does not satisfy the parking condition, the obtained parking enabled area information is stored. When the gear state of the vehicle is changed during the search for the available parking area, the parking path for parking the vehicle to the stored parking-enabled area is calculated, so that the parking condition is not satisfied because the vehicle condition does not satisfy the parking condition The system automatically searches for another available parking area without deactivating the automatic parking assist system, and assists the parking assistant to park the vehicle in the parking available area previously acquired and stored according to the vehicle state during the search for another available parking area.” Relevant to claims 1, 2, and 12. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Leah N Miller whose telephone number is (703)756-1933. The examiner can normally be reached M-Th 8:30am - 5:30pm ET. 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, Abby Flynn can be reached at (571) 272-9855. 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. /L.N.M./Examiner, Art Unit 3663 /ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663
Read full office action

Prosecution Timeline

Jul 23, 2025
Application Filed
Jul 24, 2026
Non-Final Rejection mailed — §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
58%
Grant Probability
53%
With Interview (-4.1%)
3y 0m (~1y 11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 40 resolved cases by this examiner. Grant probability derived from career allowance rate.

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