Prosecution Insights
Last updated: April 19, 2026
Application No. 17/808,636

FUEL CELL ELECTRIC VEHICLE AND CONTROL METHOD OF THE SAME

Non-Final OA §103
Filed
Jun 24, 2022
Examiner
BUCHANAN, JACOB
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
2 (Non-Final)
56%
Grant Probability
Moderate
2-3
OA Rounds
3y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
330 granted / 589 resolved
-9.0% vs TC avg
Strong +44% interview lift
Without
With
+44.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
44 currently pending
Career history
633
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
55.0%
+15.0% vs TC avg
§102
14.6%
-25.4% vs TC avg
§112
20.9%
-19.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 589 resolved cases

Office Action

§103
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 . This office action addresses pending claims 1-12. Claim 1 was amended, and claims 11-12 were added in the response filed 10/27/2025. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-2, 4-9, and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al. (US 2016/0185252) in view of Tanaka et al. (US 2020/0169103), Kim et al. (US 2014/0172210), and Yoon et al. (US 2017/0361791). Regarding claims 1 and 8, Kwon discloses a fuel cell vehicle comprising a fuel cell stack 10, a battery 85, a motor 40 , and an inverter 30 of which a direct current end is connected to the fuel cell stack and battery, and of which an alternating current end is connected to the motor (Fig 1). The vehicle further comprises a controller ([0035]). Kwon further teaches that energy can also be generated by regenerative braking of the motor (use inertial energy of the fuel cell electric vehicle to generate electricity) ([0013]). The fuel cell vehicle further includes a fuel cell load device 60 and high voltage accessories 90 (either/both an electric power consumption device) on the direct current end of the inverter ([0038], Fig 1). In a control method, the fuel cell vehicle operates normally at step S301, and if a collision occurs (S303), the controller performs a series of steps, including determining whether the battery is chargeable or not (S305) ([0046]-[0047], Fig 3). If the battery is in a not-chargeable state, the fuel cell load device is used to lower the voltage ([0048]); therefore, the electric power consumption device is driven. If the battery 85 is in a chargeable state, the battery is charged in order to lower the voltage ([0047]). However, Kwon does not explicitly disclose a first voltage sensor configured to measure a voltage at the direct current end. Tanaka discloses a power control system 100 that powers an external load such as motor ([0002]). The system includes fuel cells 10, 10-1, 10-2, a fuel cell converter 14, 14-1, 14-2, a high voltage battery 12, a driving motor 16, and an inverter 16a ([0020], Figs 1-3). In an embodiment, current sensors 30- and voltage meters 32- are placed between the respective fuel cell 10- and converter 14- ([0076]-[0078], Fig 3); a further voltage sensor 34 detects a voltage of the high-voltage line 22 corresponding to the output voltage from the FC insulating converters 14-1 and 14-2 ([0079, Fig 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the voltage sensors at locations of the fuel cell and inverter as taught by Tanaka with the fuel cell vehicle of modified Kwon for the purpose of monitoring the fuel cell system at different component locations. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a voltage sensor at the direct current end of the inverter for the purpose of monitoring the voltage of the inverter. While Kwon discloses determining whether a collision occurs and subsequently determining whether the battery is chargeable or not ([0046]-[0047], Fig 3), Kwon does not explicitly disclose how the collision determining occurs, and does not explicitly disclose determining whether the battery is in a chargeable state in response to a measurement value of the first voltage sensor exceeding an overvoltage threshold value. Kim discloses a method and apparatus that compensates for a velocity of a motor of a fuel cell vehicle when a resolver is determined to have failed (abstract). A protection circuit included in the MCU 105 monitors flow of driving power, and distributes or blocks the driving power when an overvoltage and overcurrent is included within the driving power due to various reasons, such as collision or crash of the vehicle, thereby protecting the overall system of the fuel cell vehicle and protects passengers in the process ([0034]). That is, Kim teaches that an overvoltage can occur in a collision or crash, and therefore an overvoltage can be used to determine whether a collision or crash has occurred. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the monitoring of a voltage and subsequent overvoltage (measurement value of the first voltage sensor exceeding an overvoltage threshold value) to determine that a collision or crash has occurred as taught by Kim with the determining a collision of Kwon for the purpose of measuring and detecting when a collision occurs. Therefore, the combination teaches in response to an overvoltage [that is triggered by a collision as taught by Kim], it is subsequently determined that a battery is chargeable or not. However, Kwon does not explicitly disclose performing the operation during other conditions besides a collision (e.g., normal driving operation). That is, Kwon does not explicitly disclose performing the determination of whether a battery is chargeable or not, and subsequently performing charging the battery or powering a load on the dc side of the inverter, and driving the motor generator when in an overvoltage threshold. Yoon discloses a battery management system of a vehicle that prevents a battery 120 from being overcharged, over-discharged, and being exposed to an overvoltage (abstract, [0005]). The battery 10 is connected with a relay 20 (that provides connection/disconnection), a voltage sensor 40 (third voltage sensor that measure output of the battery), a junction box 50, and a converter 60 ([0035], Fig 1). The battery 10 can be charged normally ([0004], [0042]). However, when overvoltage is sensed, a relay controller 120 prevents the relay 20 from being turned on even when a reconnection switch 30 is turned on, and output a warning a battery may not be charged due to overvoltage ([0043]). That is, when an overvoltage is detected, the controller 100 prevents the battery from exposed to the overvoltage and the battery in a non-chargeable state. An overvoltage can rapidly degrade the battery ([0005]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine, to a normal operation, determining whether the battery will be overcharged and exposed to an overvoltage and preventing the battery from being overcharged/overvoltage and a voltage sensor as taught by Yoon with the fuel cell vehicle and battery method of Kwon for the purpose of preventing the battery from being exposed to an overvoltage which can rapidly degrade the battery. Therefore, in the normal operation of Kwon, the motor generator is also driven by the fuel cell and overvoltage. Regarding claims 2 and 9, modified Kwon discloses all of the claim limitations as set forth above. Kwon further teaches that the determination of the chargeable state of the battery includes several options, including whether the high voltage battery fails, where a converter fails, whether the SOC of the high voltage battery has exceeded a safety limit, and whether a collision has been detected ([0019]). As Yoon teaches turning on/off a relay 20 that connects a battery 10 ([0045]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining that the battery is not in a chargeable state when the battery is disconnected via a relay (electrically isolated), as taught by Yoon, because a disconnected battery cannot be charged. Regarding claim 4, modified Kwon discloses all of the claim limitations as set forth above. Kwon further teaches that the determination of the chargeable state of the battery includes several options, including whether the SOC of the high voltage battery has exceeded a safety limit ([0019]). In addition, Yoon teaches that when the voltage of the battery is beyond the preset normal voltage range, the relay is prevented from being turned on [i.e., the battery is moved to non-chargeable state] ([0043]). Because Yoon teaches that when the voltage of the battery is beyond a preset normal range (and the voltage is thereby higher than normal), the battery is disconnected because the battery is overcharged. Therefore, 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 controller to determine that the battery is non-chargeable because the voltage of the battery exceeds the voltage of the direct current end, as Yoon teaches that when the battery voltage is beyond a normal or preset value then the battery is overvoltage and overcharged and should be disconnected because the battery will degrade and is beyond the safety limit. Regarding claim 5, modified Kwon discloses all of the claim limitations as set forth above. Kwon teaches that the fuel cell load device 60 removes the voltage at the fuel cell stack 10 ([0048]), and consumes the regeneration braking energy ([0053]). As the maximum value of the regeneration braking energy supplied to the load device depends on the output [maximum limit] of the load device 60 ([0053]), 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 load device upper voltage limit as greater than the limit of the fuel cell because the load device consumes energy from the fuel cell and the regeneration braking, and the combination of two sources is greater than from a single source. Regarding claim 6, modified Kwon discloses all of the claim limitations as set forth above. Kwon teaches that a converter is connected to a main bus stage between the fuel cell stack and the inverter and configured to control a voltage at the main bus stage ([0011]), however does not explicitly illustrate the converter between the fuel cell stack and inverter. Tanaka discloses a power control system 100 that powers an external load such as motor ([0002]). The system includes fuel cells 10, 10-1, 10-2, a fuel cell converter 14, 14-1, 14-2, a high voltage battery 12, a driving motor 16, and an inverter 16a ([0020], Figs 1-3). As seen in Figures 1-3, the converters 14- are disposed between fuel cells 10- and inverter 16a while there is no converter between high-voltage battery 12 and inverter 16a. As such, Tanaka reasonably suggests that a voltage converter can be located between the fuel cell stack and inverter instead of the battery and inverter. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to move the converter to between the fuel cell stack and inverter of Kwon because Tanaka teaches that the converter can be placed between the fuel cell stack and inverter instead of the battery and inverter. Further, as Tanaka teaches voltage sensors 32- between the fuel cell stack and converter (a second voltage sensor) and between the converter and inverter, the combination teaches using the [second] voltage sensor between the fuel cell and converter as a sensor for monitoring and voltage estimation. In addition, Tanaka teaches that the converters have a boosting ratio ([0027]), and the controller controls the converter to boost the output voltage from the fuel cell typically close to a desired target value in accordance with the requested charge power ([0105]). Therefore, Tanaka teaches estimating the voltage based upon the fuel cell voltage and boosting ratio because the outcome is typically close to the desired target value. Regarding claim 7, modified Kwon discloses all of the claim limitations as set forth above. While Kwon teaches a converter 80 between the high voltage battery 85 and inverter 30, modified Kwon does not explicitly disclose wherein the battery and the inverter are connected without a voltage converter interposed between the battery and the inverter, and the controller is configured to use a measurement value of the third voltage sensor as a voltage estimation value at the direct current end. Tanaka discloses a power control system 100 that powers an external load such as motor ([0002]). The system includes fuel cells 10, 10-1, 10-2, a fuel cell converter 14, 14-1, 14-2, a high voltage battery 12, a driving motor 16, and an inverter 16a ([0020], Figs 1-3). In an embodiment, current sensors 30- and voltage meters 32- are placed between the respective fuel cell 10- and converter 14- ([0076]-[0078], Fig 3); a further voltage sensor 34 detects a voltage of the high-voltage line 22 corresponding to the output voltage from the FC insulating converters 14-1 and 14-2 ([0079, Fig 3). As seen in Figures 1-3, the high-voltage battery 12 is connected to the inverter 16a without a voltage converter interposed between the battery and the inverter. As such, Tanaka reasonably suggests that a voltage converter is not required between the battery and the inverter. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to remove the converter between the battery and inverter of Kwon because Tanaka teaches that a voltage converter is not required between the battery and the inverter. Further, as Yoon teaches a voltage sensor 40 at the battery, and Tanaka teaches a voltage sensor 34 in the high-voltage line 22 with the battery, the combination suggests using the voltage sensor between the battery and inverter in the voltage line as a sensor for monitoring and voltage estimation. Regarding claim 11, modified Kwon discloses all of the claim limitations as set forth above. Kwon further teaches whether the high voltage battery 85 is in the chargeable state may be determined based on whether the state of charge (SOC) of the high voltage battery 85 has exceeded a safety limit (i.e., whether the SOC of the high voltage battery 85 is excessive) ([0046]). Therefore, Kwon teaches that the state of the battery is checked, and is used for determining whether the battery is in a chargeable state. Regarding claim 12, modified Kwon discloses all of the claim limitations as set forth above. Kwon further teaches that the determination of the chargeable state of the battery includes several options, including whether the SOC of the high voltage battery has exceeded a safety limit ([0019]). In addition, Yoon teaches that when the voltage of the battery is beyond the preset normal voltage range, the relay is prevented from being turned on [i.e., the battery is moved to non-chargeable state] ([0043]). Because Yoon teaches that when the voltage of the battery is beyond a preset normal range (and the voltage is thereby higher than normal), the battery is disconnected because the battery is overcharged. Therefore, 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 controller to determine that the battery is non-chargeable because the voltage of the battery exceeds the voltage of the direct current end, as Yoon teaches that when the battery voltage is beyond a normal or preset value then the battery is overvoltage and overcharged and should be disconnected [and thereby disconnected from the inverter] because the battery will degrade and is beyond the safety limit. Claim(s) 3 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al. (US 2016/0185252) in view of Tanaka et al. (US 2020/0169103), Kim et al. (US 2014/0172210), and Yoon et al. (US 2017/0361791), as applied to claim 1 or 8 above, and further in view of Tajima et al. (US 2015/0130423). Regarding claims 3 and 10, modified Kwon discloses all of the claim limitations as set forth above. Kwon further teaches that the determination of the chargeable state of the battery includes several options, including whether the high voltage battery fails, where a converter fails, whether the SOC of the high voltage battery has exceeded a safety limit, and whether a collision has been detected ([0019]). However, modified Kwon does not explicitly disclose the vehicle/method further comprising a current sensor configured to measure a current flowing in and out of the battery, wherein the controller is configured to determine the battery is in the non-chargeable state when a measurement value of the current sensor indicates zero. Tajima discloses a vehicle power feeding transportation system 14 comprising an electric automobile 10, and an external power supply device 12 for supplying electric power at a power line feeding voltage ([0028]). The electric automobile includes a motor 20, an inverter 22, and a high-voltage battery 24 ([0034], Fig 1). The electric automobile 10 includes various voltage sensors including voltage sensor 54* (for motor voltage, *-appears to be represented by reference number 34), voltage sensor 36 of voltage across the high-voltage battery 25, voltage sensor 38 for DC voltage across switch S ([0041], Fig 1). The electric automobile 10 includes various current sensors including current sensor 44 (current through DC terminal of inverter 22), current sensor 46 (current through battery 24), and current sensor 48 (current through second converter 32) ([0042], Fig 1). The detected voltages and currents are read by the electronic control unit ECU 40 ([0041]-[0042]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the current sensor at the battery as taught by Tajima with the fuel cell vehicle of Kwon for the purpose of monitoring the battery. In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determining that the battery is not in a chargeable state when the battery current is zero because the battery is either charging, discharging, or disconnected. Response to Arguments Applicant's arguments filed 10/27/2025 have been fully considered but they are not persuasive. Applicant argues the prior art does not teach or suggest the amended limitation of “determine whether the battery is in a chargeable state, in response to a measurement value of the first voltage sensor exceeds an overvoltage threshold value”. Applicant argues that Kwon’s battery state determination is triggered by a collision event, not by a overvoltage detection as recited by amended claim 1. This is not considered persuasive. Newly cited reference, Kim et al. (US 2014/0172210), is used to address the limitation. Specifically, Kim teaches that an overvoltage can be used to determine whether a collision has occurred (Kim at [0034]), and Kwon teaches determining whether a collision has occurred prior to determining whether a battery is chargeable or not ([0046]-[0047], Fig 3). Therefore, the combination teaches in response to an overvoltage [that is triggered by a collision as taught by Kim], it is subsequently determined that a battery is chargeable or not as in Kwon. Applicant argues that the combination does not disclose the limitations of 1) when the measurement value of the first voltage sensor exceeds the overvoltage threshold value and the battery is in a nonchargeable state, the electric power consumption device is driven; and 2) when the measurement value of the first voltage sensor exceeds the overvoltage threshold value and the battery is in a chargeable state, the motor generator is driven. This is not considered persuasive. With regards to the first condition (battery non-chargeable, electric power consumption device is driven), Kwon teaches if the battery is in a not-chargeable state, the fuel cell load device is used to lower the voltage ([0048]); therefore, the electric power consumption device is driven. With regards to the second condition, Kwon teaches if the battery 85 is in a chargeable state, the battery is charged in order to lower the voltage ([0047]). Further, while Kwon does not disclose performing the operation (i.e., performing the determination of whether a battery is chargeable or not) during other conditions besides a collision (i.e., in normal driving operations), the combination with Yoon for normal [driving] operations results in the motor generator also being driven. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB BUCHANAN whose telephone number is (571)270-1186. The examiner can normally be reached M-F 8:00-5:00 PM (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, Nicole Buie-Hatcher can be reached at 571-270-3879. 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. /JACOB BUCHANAN/Examiner, Art Unit 1725 /NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725
Read full office action

Prosecution Timeline

Jun 24, 2022
Application Filed
Jul 25, 2025
Non-Final Rejection — §103
Oct 01, 2025
Interview Requested
Oct 14, 2025
Examiner Interview Summary
Oct 14, 2025
Applicant Interview (Telephonic)
Oct 27, 2025
Response Filed
Feb 05, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
56%
Grant Probability
99%
With Interview (+44.3%)
3y 6m
Median Time to Grant
Moderate
PTA Risk
Based on 589 resolved cases by this examiner. Grant probability derived from career allow rate.

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