Prosecution Insights
Last updated: October 02, 2026
Application No. 19/478,390

Systems and Method for Controlling an Activability of a Vehicle Function

Non-Final OA §102§103
Filed
Oct 24, 2025
Priority
Apr 25, 2023 — DE 10 2023 110 541.8 +1 more
Examiner
CARDIMINO, CHRISTOPHER RYAN
Art Unit
3661
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
2y 3m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
60 granted / 104 resolved
+5.7% vs TC avg
Strong +22% interview lift
Without
With
+22.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
26 currently pending
Career history
137
Total Applications
across all art units

Statute-Specific Performance

§101
20.7%
-19.3% vs TC avg
§103
61.1%
+21.1% vs TC avg
§102
10.6%
-29.4% vs TC avg
§112
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 104 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/24/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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)(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. Claim(s) 14, 15, 18 - 22, & 24 - 26 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Burcar (US 2015/0336608 A1). Regarding Claim 14: Burcar discloses: A system for controlling an activatability of a vehicle function of a vehicle, the system comprising: (Burcar discloses in at least Paragraph 0013 a steering wheel system for preventing the accidental actuation of steering wheel actuators [i.e. a system for controlling an activatability of a vehicle function of a vehicle]) one or more processors configured to: (Burcar discloses in at least Paragraph 0025 wherein the system controller may include a memory and at least one processor to implement the recited steering wheel actuator deactivation techniques) detect a steering actuation; (Burcar discloses in at least Paragraph 0017 wherein a steering angle/rate sensor may be configured to measure an angle or rate of change of an angle of a steering wheel [i.e. a steering actuation is detected]) determine a steering wheel angular velocity occurring during at least one of the steering actuation or a steering angle velocity; and, (Burcar discloses in at least Paragraph 0017 wherein a steering angle/rate sensor may be configured to measure an angle or rate of change of an angle of a steering wheel, with at least Paragraph 0023 of Burcar disclosing wherein the rate of change of the angle of the steering wheel is detected as part of determining a vehicle steering wheel actuator deactivation condition [i.e. determine a steering wheel angular velocity occurring during the steering actuation]) depending on the determined at least one of steering wheel angular velocity or the determined steering angle velocity, suppress the activatability of the vehicle function by means of an operator control element arranged on a steering wheel of the vehicle for a period of time after the steering actuation. (Burcar discloses in at least Paragraph 0023 wherein based on a rate of change of the angle or degree of rotation of the steering wheel being greater than a predetermined rate [i.e. depending on the determined at least one of steering wheel angular velocity or the determined steering angle velocity], a deactivation condition may be determined, based on which the controller is configured to deactivate the vehicle steering wheel actuators, including by overriding or intercepting their messages/communications to the other systems until the deactivation condition is no longer detected as disclosed in at least Paragraphs 0024 & 0026 of Burcar [i.e. suppress the activatability of the vehicle function by means of an operator control element arranged on a steering wheel of the vehicle for a period of time after the steering actuation]) Regarding Claim 15: The system according to claim 14, wherein the one or more processors of the system are configured to: ascertain that at least one of a magnitude of the steering wheel angular velocity exceeds a steering wheel angular velocity threshold value or that the magnitude of the steering angle velocity exceeds a steering angle velocity threshold value; and, depending on ascertained circumstance that at least one of the magnitude of the steering wheel angular velocity exceeds the steering wheel angular velocity threshold value or that the magnitude of the steering angle velocity exceeds a steering angle velocity threshold value, suppress the activatability of the vehicle function by means of the operator control element for a period of time after the steering actuation. Burcar discloses in at least Paragraph 0023 wherein the deactivation condition may be determined in response to the rate of change of the angle or degree of rotation of the steering wheel being greater than a predetermined rate [i.e. ascertain that a magnitude of the steering wheel angular velocity exceeds a steering wheel angular velocity threshold value and responsively suppress the activatability of the vehicle function by means of the operator control element for a period of time after the steering actuation]. Regarding Claim 18: The system according to claim 14, wherein the one or more processors of the system are configured to: determine at least one of a steering wheel angle or steering angle occurring during the steering actuation; and depending on the at least one of the determined steering wheel angle or the determined steering angle, suppress the activatability of the vehicle function by means of the operator control element arranged on the steering wheel of the vehicle for a period of time after the steering actuation. Burcar discloses in at least Paragraph 0023 wherein a deactivation condition may include a comparison of an angle or degree of rotation of the steering wheel to a predetermined level, the deactivation condition being present if the angle or degree of rotation being greater than the predetermined level [i.e. determine a steering wheel angle occurring during the steering actuation and depending on the determined steering wheel angle, suppress the activatability of the vehicle function by means of the operator control element arranged on the steering wheel of the vehicle for a period of time after the steering actuation]. Regarding Claim 19: Burcar discloses: A system for controlling an activatability of a vehicle function of a vehicle, the system comprising: (Burcar discloses in at least Paragraph 0013 a steering wheel system for preventing the accidental actuation of steering wheel actuators [i.e. a system for controlling an activatability of a vehicle function of a vehicle]) one or more processors configured to: (Burcar discloses in at least Paragraph 0025 wherein the system controller may include a memory and at least one processor to implement the recited steering wheel actuator deactivation techniques) detect a steering actuation; (Burcar discloses in at least Paragraph 0017 wherein a steering angle/rate sensor may be configured to measure an angle or rate of change of an angle of a steering wheel [i.e. a steering actuation is detected]) determine at least one of a steering wheel angle or steering angle occurring during the steering actuation; and (Burcar discloses in at least Paragraph 0017 wherein a steering angle/rate sensor may be configured to measure an angle or rate of change of an angle of a steering wheel, with at least Paragraph 0023 of Burcar disclosing wherein the rate of change of the angle of the steering wheel is detected as part of determining a vehicle steering wheel actuator deactivation condition [i.e. determine a steering wheel angular velocity occurring during the steering actuation]) depending on the at least one of the determined steering wheel angle or the determined steering angle, suppress the activatability of the vehicle function by means of an operator control element arranged on a steering wheel of the vehicle for a period of time after the steering actuation. (Burcar discloses in at least Paragraph 0023 wherein based on a rate of change of the angle or degree of rotation of the steering wheel being greater than a predetermined rate [i.e. depending on the determined at least one of steering wheel angular velocity or the determined steering angle velocity], a deactivation condition may be determined, based on which the controller is configured to deactivate the vehicle steering wheel actuators, including by overriding or intercepting their messages/communications to the other systems until the deactivation condition is no longer detected as disclosed in at least Paragraphs 0024 & 0026 of Burcar [i.e. suppress the activatability of the vehicle function by means of an operator control element arranged on a steering wheel of the vehicle for a period of time after the steering actuation]) Regarding Claim 20: The system according to claim 19, wherein the one or more processors are configured to: ascertain that at least one of a magnitude of the steering wheel angle exceeds a steering wheel angle threshold value or that the magnitude of the steering angle exceeds a steering angle threshold value; and depending on the ascertained circumstance that at least one of the magnitude of the steering wheel angle exceeds the steering wheel angle threshold value or that the magnitude of the steering angle exceeds the steering angle threshold value, suppress the activatability of the vehicle function by means of the operator control element for a period of time after the steering actuation. Burcar discloses in at least Paragraph 0023 wherein a deactivation condition may include a comparison of an angle or degree of rotation of the steering wheel to a predetermined level, the deactivation condition being present if the angle or degree of rotation being greater than the predetermined level [i.e. ascertain that a magnitude of the steering wheel angle exceeds a steering wheel angle threshold value and depending on the ascertained circumstance, suppress the activatability of the vehicle function by means of the operator control element for a period of time after the steering actuation]. Regarding Claim 21: The system according to claim 19, wherein the vehicle function is an automated driving function. Burcar discloses in at least Paragraph 0016 wherein the vehicle steering wheel actuators may control a plurality of vehicle systems, including a navigation system and a cruise control system [i.e. the vehicle function is an automated driving function]. Regarding Claim 22: The system according to claim 19, wherein the one or more processors of the system are further configured to suppress the activatability of the vehicle function by means of the operator control element depending on a velocity of the vehicle. Burcar discloses in at least Paragraphs 0021 & 0022 wherein a deactivation condition for vehicle steering wheel actuators may include detecting if the vehicle is in the process of parking, which may be assessed by determining if the vehicle speed is less than a predetermined speed [i.e. the system is configured to suppress the activatability of the vehicle function by means of the operator control element depending on a velocity of the vehicle]. Regarding Claim 24: The system according to claim 22, wherein the one or more processors of the system are configured to: ascertain that the velocity of the vehicle is not greater than a velocity threshold value; and suppress the activatability of the vehicle function by means of the operator control element depending on the ascertained circumstance that the velocity of the vehicle is not greater than the velocity threshold value. Burcar discloses in at least Paragraphs 0021 & 0022 wherein a deactivation condition for vehicle steering wheel actuators may include detecting if the vehicle is in the process of parking, which may be assessed by determining if the vehicle speed is less than a predetermined speed [i.e. ascertain that the velocity of the vehicle is not greater than a velocity threshold value; and suppress the activatability of the vehicle function by means of the operator control element depending on the ascertained circumstance that the velocity of the vehicle is not greater than the velocity threshold value]. Regarding Claim 25: The system according to claim 19, wherein the one or more processors of the system are further configured to suppress the activatability of the vehicle function by means of the operator control element depending on at least one detected circumstance which indicates that the vehicle is in a parking, maneuvering or turning situation, wherein the at least one detected circumstance comprises at least one of: an activation of a turn indicator; a switching from reverse gear to a forward gear or vice versa; a spatial proximity of the vehicle to one or more objects or obstacles; a spatial proximity of the vehicle to a bend or intersection identified in an environment model and/or based on map information; a spatial proximity of the vehicle to a parking space identified in an environment model; or an activation of a parking assistance function and/or a parking view in a visual information display of the vehicle. Burcar discloses in at least Paragraphs 0013, 0021 & 0022 wherein the deactivation condition may be a condition indicative of the vehicle being in a process of parking, including the detection of the vehicle being in a reverse gear [i.e. a switching from reverse gear to a forward gear or vice versa], or using a parallel parking mode [i.e. an activation of a parking assistance function] as well as based on data from the parking sensor or camera, the data being indicative of nearby parked cars and/or known attributes or features of a parking lot, such as parking space lines, parking meters, curbs, and the like [i.e. a spatial proximity of the vehicle to a bend or intersection identified in an environment model and/or based on map information; a spatial proximity of the vehicle to a parking space identified in an environment model]. Regarding Claim 26: Burcar discloses: A method for controlling an activatability of a vehicle function of a vehicle, the method comprising steps of: (Burcar discloses in at least Paragraphs 0004 & 0026 a method for controlling a steering wheel system for preventing the accidental actuation of steering wheel actuators [i.e. a method for controlling an activatability of a vehicle function of a vehicle]) detecting a steering actuation; (Burcar discloses in at least Paragraph 0017 wherein a steering angle/rate sensor may be configured to measure an angle or rate of change of an angle of a steering wheel [i.e. a steering actuation is detected]) determining at least one of a steering wheel angular velocity occurring during the steering actuation, a steering angle velocity, or a steering wheel angular velocity occurring during the steering actuation; and (Burcar discloses in at least Paragraph 0017 wherein a steering angle/rate sensor may be configured to measure an angle or rate of change of an angle of a steering wheel, with at least Paragraph 0023 of Burcar disclosing wherein the rate of change of the angle of the steering wheel is detected as part of determining a vehicle steering wheel actuator deactivation condition [i.e. determine a steering wheel angular velocity occurring during the steering actuation]) depending on the at least one of the determined steering wheel angular velocity, the determined steering angle velocity, the determined steering wheel angle, or the determined steering angle, suppressing the activatability of the vehicle function by means of an operator control element arranged on a steering wheel of the vehicle for a period of time after the steering actuation. (Burcar discloses in at least Paragraph 0023 wherein based on a rate of change of the angle or degree of rotation of the steering wheel being greater than a predetermined rate [i.e. depending on the determined at least one of steering wheel angular velocity or the determined steering angle velocity], a deactivation condition may be determined, based on which the controller is configured to deactivate the vehicle steering wheel actuators, including by overriding or intercepting their messages/communications to the other systems until the deactivation condition is no longer detected as disclosed in at least Paragraphs 0024 & 0026 of Burcar [i.e. suppress the activatability of the vehicle function by means of an operator control element arranged on a steering wheel of the vehicle for a period of time after the steering actuation]) Claim Rejections - 35 USC § 103 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 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. Claim(s) 16 & 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burcar (US 2015/0336608 A1) as applied to claim 15 above, and further in view of Brandin (US 2017/0349174 A1). Regarding Claim 16: The system according to claim 15, wherein the one or more processors of the system are configured to: ascertain that the magnitude of the steering wheel angular velocity exceeds a steering wheel angular velocity threshold value of at least 50°/s; and depending on the ascertained circumstance that the magnitude of the steering wheel angular velocity exceeds the steering wheel angular velocity threshold value, suppress the activatability of the vehicle function by means of the operator control element for a period of time after the steering actuation. Burcar discloses in at least Paragraph 0023 wherein based on a rate of change of the angle or degree of rotation of the steering wheel being greater than a predetermined rate, a deactivation condition may be determined, based on which the controller is configured to deactivate the vehicle steering wheel actuators, including by overriding or intercepting their messages/communications to the other systems until the deactivation condition is no longer detected as disclosed in at least Paragraphs 0024 & 0026 of Burcar [i.e. depending on the ascertained circumstance that the magnitude of the steering wheel angular velocity exceeds the steering wheel angular velocity threshold value, suppress the activatability of the vehicle function by means of the operator control element for a period of time after the steering actuation]. Burcar however appears to be silent regarding wherein the steering wheel angular velocity threshold value used to identify a turning condition is specifically at least 50°/s. However Brandin teaches in at least Paragraph 0013 wherein a manual steering actuation may be identified from a predetermined threshold of a change in steering angle of 50 degrees per second [i.e. ascertain that the magnitude of the steering wheel angular velocity exceeds a steering wheel angular velocity threshold value of at least 50°/s]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Burcar by incorporating the determination of a steering actuation based on the steering wheel angular velocity exceeds a steering wheel angular velocity threshold value of at least 50°/s as taught by Brandin. The motivation to do so is that, as acknowledged by Brandin in at least Paragraphs 0011 & 0013, a steering wheel actuation may be identifiable based on comparison to the threshold, improving the identification of steering wheel actuations. Regarding Claim 17: The system according to claim 15, wherein the one or more processors of the system are configured to: ascertain that the magnitude of the steering angle velocity exceeds a steering angle velocity threshold value of at least 2.5°/s; and depending on the ascertained circumstance that the magnitude of the steering angle velocity exceeds the steering angle velocity threshold value, suppress the activatability of the vehicle function by means of the operator control element for a period of time after the steering actuation. Burcar discloses in at least Paragraph 0023 wherein based on a rate of change of the angle or degree of rotation of the steering wheel being greater than a predetermined rate, a deactivation condition may be determined, based on which the controller is configured to deactivate the vehicle steering wheel actuators, including by overriding or intercepting their messages/communications to the other systems until the deactivation condition is no longer detected as disclosed in at least Paragraphs 0024 & 0026 of Burcar [i.e. depending on the ascertained circumstance that the magnitude of the steering wheel angular velocity exceeds the steering wheel angular velocity threshold value, suppress the activatability of the vehicle function by means of the operator control element for a period of time after the steering actuation]. Burcar however appears to be silent regarding wherein the steering wheel angular velocity threshold value used to identify a turning condition is specifically at least 2.5°/s. However Brandin teaches in at least Paragraph 0013 wherein a manual steering actuation may be identified from a predetermined threshold of a change in steering angle of 50 degrees per second [i.e. ascertain that the magnitude of the steering wheel angular velocity exceeds a steering wheel angular velocity threshold value of at least 2.5°/s]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Burcar by incorporating the determination of a steering actuation based on the steering wheel angular velocity exceeds a steering wheel angular velocity threshold value of at least 50°/s as taught by Brandin. The motivation to do so is that, as acknowledged by Brandin in at least Paragraphs 0011 & 0013, a steering wheel actuation may be identifiable based on comparison to the threshold, improving the identification of steering wheel actuations. Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burcar (US 2015/0336608 A1) as applied to claim 22 above, and further in view of Gillet (US 2008/0023246 A1). Regarding Claim 23: The system according to claim 22, wherein at least one of: at least one of the steering wheel angular velocity threshold value or the steering angle velocity threshold value are dependent on the velocity of the vehicle; or at least one of the steering wheel angle threshold value or the steering angle threshold value are dependent on the velocity of the vehicle. Burcar does not appear to specifically disclose wherein at least one of at least one of the steering wheel angular velocity threshold value or the steering angle velocity threshold value are dependent on the velocity of the vehicle. However Gillet teaches in at least Paragraphs 0024 & 0031 wherein a steering angle threshold may be defined for activating safety elements of an automobile, the steering angle threshold being configured based on vehicle speed such that the threshold steering angle reduces with increasing vehicle speed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present claimed invention to have modified the disclosure of Burcar by incorporating the adjustment of steering angle threshold for activating vehicle safety systems based on vehicle speed as taught by Gillet. The motivation to do so is that, as acknowledged by Gillet in at least Paragraphs 0024 & 0031, the activation of the safety system may be adjusted to speed, such that the threshold is relatively low at high vehicle speeds, but is higher at a low vehicle speed, improving the activation of the safety system in higher risk scenarios. Conclusion The following prior art made of record but not relied upon is considered pertinent to the Applicant’s disclosure: Salter (US 2023/0093271 A1): Salter recites a vehicle steering wheel system, including a steering wheel sensor configured to process rotational movement of the steering wheel. Based on sensed steering wheel movements exceeding specified threshold(s), switches on the steering wheel may be deactivated. Bonne (US 2010/0288567 A1): Bonne recites a vehicle steering wheel including a touchpad for controlling vehicle functions. If the steering wheel turn exceeds a specified angle, the touchpad may be automatically deactivated until the wheel returns to within a specified angle range. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER RYAN CARDIMINO whose telephone number is (571)272-2759. The examiner can normally be reached M-Th 8:30-5:00. 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, Ramya Burgess can be reached at (571)272-6011. 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. /CHRISTOPHER R CARDIMINO/Examiner, Art Unit 3661 /RAMYA P BURGESS/Supervisory Patent Examiner, Art Unit 3661
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Prosecution Timeline

Oct 24, 2025
Application Filed
Sep 18, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
58%
Grant Probability
80%
With Interview (+22.1%)
3y 3m (~2y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 104 resolved cases by this examiner. Grant probability derived from career allowance rate.

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