Prosecution Insights
Last updated: April 18, 2026
Application No. 18/116,368

SYSTEM, METHOD OF CONTROLLING A SYSTEM, AND VEHICLE COMPRISING A SYSTEM

Final Rejection §103
Filed
Mar 02, 2023
Examiner
LAUGHLIN, CHARLES S
Art Unit
2846
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Volvo Truck Corporation
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
3y 2m
To Grant
86%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
284 granted / 372 resolved
+8.3% vs TC avg
Moderate +10% lift
Without
With
+10.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
42 currently pending
Career history
414
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
52.0%
+12.0% vs TC avg
§102
33.7%
-6.3% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 372 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 3/2/23, 3/22/23, 10/18/23, 9/12/24, and 5/15/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 103 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) 1-6, and 8-16 are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (US 2017/0012311) in view of Larsson Anders et al. (SE 2150777). Regarding claim 1, Oh discloses (Fig. 3): An energy management system for a vehicle (Fig. 3), comprising: a fuel cell system (Fig. 3, all elements) having at least one fuel cell (10, 12) with an anode side (10) and a cathode side (12, ¶0037-¶0038), an air inlet conduit (32, 34) connected to an inlet end of the cathode side (12) for supplying air to the cathode side of the at least one fuel cell (10, 12, ¶0038), and further having an air compressor (32) arrangement disposed in the air inlet conduit (input to 12) and in fluid communication with the cathode side (¶0038); the controllable valve assembly (34) being arranged and configured to control supply of compressed air from the air compressor arrangement (32) to any one of the at least one fuel cell (10, 12) and a second fluid conduit (12, 34, 28, 30, 36), and the at least one fuel cell (10, 12) by operating the air compressor arrangement (32) They do not disclose: an air-cooled brake resistor in fluid communication with the air compressor arrangement; and a control system in communication with the air compressor arrangement and further in communication with a controllable valve assembly, the controllable valve assembly being arranged and configured to control supply of compressed air from the air compressor arrangement to any one of the air-cooled brake resistor via a first fluid conduit respectively; wherein the control system is configured to control distribution of compressed air to any one of the air-cooled brake resistor by operating the air compressor arrangement and controlling the controllable valve assembly responsive to a need for dissipating energy. However, Larsson teaches (Fig. 2): an air-cooled brake resistor (Fig. 2, 14) in fluid communication with the air compressor arrangement (20, Pg. 8:21-31 ); and a control system in communication with the air compressor arrangement (20) and further in communication with a controllable valve assembly (23, pg. 11:11-25), and the controllable valve assembly (23, pg. 11:11-25) being arranged and configured to control supply of compressed air from the air compressor arrangement (20) to any one of the air-cooled brake resistor (14) via a first fluid conduit (22, pg. 8, 21-32) respectively; wherein the control system is configured to control distribution of compressed air to any one of the air-cooled brake resistor (14, pg. 8, 21-32) and controlling the controllable valve assembly (23) responsive to a need for dissipating energy (pg. 8, 13-30). Regarding claim 1, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the fuel cell management system from Oh that uses a compressor to deliver air to the fuel cell for energy production (¶0038) and take the valve and air cooled resistor brake and add it to the exhaust line of the fuel cell in order to cool a brake resistor for slowing down a motor when electrical energy needs to be consumed as taught by Larsson (pg 10. 21-pg. 11:2). This would simplify the invention where a fuel cell vehicle could use the compressor for both cooling the resistor and operating the fuel cell which would reduce costs. Regarding claim 2, Oh discloses (Fig. 3): and the at least one fuel cell (10, 12) They do not disclose: , wherein the control system is configured to control distribution of compressed air to any one of the air-cooled brake resistor by controlling the controllable valve assembly in response to a control signal containing data indicative of a need for dissipating energy due to a braking demand of the vehicle. However, Larsson teaches (Fig. 2): ,wherein the control system is configured to control distribution of compressed air to any one of the air-cooled brake resistor (14, pg. 8, 21-32) by controlling the controllable valve (23) assembly in response to a control signal containing data indicative of a need for dissipating energy due to a braking demand of the vehicle (Pg. 10:21-31). Regarding claim 2, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the fuel cell management system from Oh that uses a compressor to deliver air to the fuel cell for energy production (¶0038) and take the valve and air cooled resistor brake and add it to the exhaust line of the fuel cell in order to cool a brake resistor for slowing down a motor when electrical energy needs to be consumed as taught by Larsson (pg 10. 21-pg. 11:2). This would simplify the invention where a fuel cell vehicle could use the compressor for both cooling the resistor and operating the fuel cell which would reduce costs. Regarding claim 3, Oh discloses the above elements from claim 2. They do not disclose: , wherein the control system is configured to determine the need for dissipating energy due to the braking demand of the vehicle by determining an amount of possible energy from a regenerative braking event of the vehicle However, Larsson teaches (Fig. 2): wherein the control system is configured to determine the need for dissipating energy due to the braking demand of the vehicle by determining an amount of possible energy from a regenerative braking event of the vehicle (pg. 11:26-30) Regarding claim 3, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the fuel cell management system from Oh that uses a compressor to deliver air to the fuel cell for energy production (¶0038) and take the valve and air cooled resistor brake and add it to the exhaust line of the fuel cell in order to cool a brake resistor for slowing down a motor when electrical energy needs to be consumed as taught by Larsson (pg 10. 21-pg. 11:2). This would simplify the invention where a fuel cell vehicle could use the compressor for both cooling the resistor and operating the fuel cell which would reduce costs. Regarding claim 4, Oh discloses (Fig. 3): and the at least one fuel cell (10, 12) by controlling the controllable valve (Fig. 3, 34) assembly in response to a control signal further containing data indicative of a fuel cell system load (¶0038). They do not disclose: wherein the control system is configured to control distribution of compressed air to any one of the air-cooled brake resistor However, Larsson teaches (Fig. 2): wherein the control system is configured to control distribution of compressed air to any one of the air-cooled brake resistor (14, pg. 8, 21-32) Regarding claim 4, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the fuel cell management system from Oh that uses a compressor to deliver air to the fuel cell for energy production (¶0038) and take the valve and air cooled resistor brake and add it to the exhaust line of the fuel cell in order to cool a brake resistor for slowing down a motor when electrical energy needs to be consumed as taught by Larsson (pg 10. 21-pg. 11:2). This would simplify the invention where a fuel cell vehicle could use the compressor for both cooling the resistor and operating the fuel cell which would reduce costs. Regarding claim 5, Oh discloses (Fig. 3): and to control the controllable valve assembly (34) to vary the level of distribution of compressed air to the at least one fuel cell in response to a change in the fuel cell system load (Fig. 4, ¶0038-¶0040). They do not disclose: wherein the control system is configured to control the controllable valve assembly to direct compressed air to the air-cooled brake resistor in response to the need for dissipating energy However, Larsson teaches (Fig. 2): wherein the control system is configured to control the controllable valve assembly (Fig. 2, 23) to direct compressed air to the air-cooled brake resistor (14) in response to the need for dissipating energy (pg. 11, 26-30) Regarding claim 5, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the fuel cell management system from Oh that uses a compressor to deliver air to the fuel cell for energy production (¶0038) and take the valve and air cooled resistor brake and add it to the exhaust line of the fuel cell in order to cool a brake resistor for slowing down a motor when electrical energy needs to be consumed as taught by Larsson (pg 10. 21-pg. 11:2). This would simplify the invention where a fuel cell vehicle could use the compressor for both cooling the resistor and operating the fuel cell which would reduce costs. Regarding claim 6, Oh discloses (Fig. 3): wherein the control system is configured to prioritize distributing compressed air to the at least one fuel cell on the basis of the data indicating the fuel cell system load (Fig. 4, ¶0038-¶0040). Regarding claim 8, Oh discloses the above elements from claim 1. They do not disclose: wherein the control system is configured to determine a maximum operational state of the air compressor arrangement and control the controllable valve assembly to limit the distribution of compressed air to the air-cooled brake resistor if the air compressor arrangement reaches its maximum operational state. However, Larsson teaches (Fig. 2): wherein the control system is configured to determine a maximum operational state of the air compressor arrangement and control the controllable valve assembly to limit the distribution of compressed air to the air-cooled brake resistor if the air compressor arrangement reaches its maximum operational state (pg. 11:3-25). Regarding claim 8, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the fuel cell management system from Oh that uses a compressor to deliver air to the fuel cell for energy production (¶0038) and take the valve and air cooled resistor brake and add it to the exhaust line of the fuel cell in order to cool a brake resistor for slowing down a motor when electrical energy needs to be consumed as taught by Larsson (pg 10. 21-pg. 11:2). This would simplify the invention where a fuel cell vehicle could use the compressor for both cooling the resistor and operating the fuel cell which would reduce costs. Regarding claim 9, Oh discloses (fig. 3): wherein the control system is configured to deactivate the air compressor arrangement (fig. 3, 32) no fuel cell system load (¶0038-¶0040). They do not disclose: in response to a non-braking demand However, Larsson teaches (Fig. 2): in response to a non-braking demand (pg. when either not braking or not needing to consume energy, pg. 10:5-20) Regarding claim 9, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the fuel cell management system from Oh that uses a compressor to deliver air to the fuel cell for energy production (¶0038) and take the valve and air cooled resistor brake and add it to the exhaust line of the fuel cell in order to cool a brake resistor for slowing down a motor when electrical energy needs to be consumed as taught by Larsson (pg 10. 21-pg. 11:2). This would simplify the invention where a fuel cell vehicle could use the compressor for both cooling the resistor and operating the fuel cell which would reduce costs. Regarding claim 10, Oh discloses (fig. 3): the at least one fuel cell (10, 12) They do not disclose: wherein the control system is configured to control distribution of compressed air to any one of the air-cooled brake resistor by operating the air compressor arrangement and controlling the controllable valve assembly responsive to the need for dissipating energy and when the vehicle is at stand-still However, Larsson teaches (Fig. 2): wherein the control system is configured to control distribution of compressed air to any one of the air-cooled brake resistor (14, pg. 8, 21-32) by operating the air compressor arrangement and controlling the controllable valve assembly responsive to the need for dissipating energy and when the vehicle is at stand-still (pg. 11:3-10, can be operated separately). Regarding claim 10, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the fuel cell management system from Oh that uses a compressor to deliver air to the fuel cell for energy production (¶0038) and take the valve and air cooled resistor brake and add it to the exhaust line of the fuel cell in order to cool a brake resistor for slowing down a motor when electrical energy needs to be consumed as taught by Larsson (pg 10. 21-pg. 11:2). This would simplify the invention where a fuel cell vehicle could use the compressor for both cooling the resistor and operating the fuel cell which would reduce costs. Regarding claim 11, Oh discloses (fig. 3): wherein the controllable valve assembly comprises a set of individual flow control valves (Fig. 3, 34, 36, 30), each one of the individual flow control valves being configured to regulate any one of a flow rate and pressure of the compressed air being supplied from the air compressor arrangement (¶0038). Regarding claim 12, Oh discloses (fig. 3): wherein one of the individual flow control valves is disposed in the first fluid conduit (34) and arranged to regulate the flow rate or pressure of the compressed air to the at least one fuel cell (¶0038). Regarding claim 13, Oh discloses (fig. 3): wherein one of the individual flow control valves is disposed in the second fluid conduit (fig. 2, 23) and arranged to regulate the flow rate or pressure of compressed air to the air-cooled brake resistor (14, pg. 8, 21-32). Regarding claim 14, Oh discloses (fig. 3): wherein the controllable valve assembly is a three-way flow control valve device (Fig. 3, exhaust valve is 3 way). Regarding claim 15, Oh discloses (fig. 3): A vehicle (¶0005) comprising the energy management system of claim 1. Regarding claim 16, Oh discloses (Fig. 3): A method for controlling an energy management system of a vehicle, the energy management system comprising: a fuel cell system (Fig. 3, all elements) having at least one fuel cell (10, 12) with an anode side (10), an air compressor arrangement (32) in fluid communication with the cathode side (12) via a first fluid conduit (32, 34, ¶0038); the at least one fuel cell (10, 12) via the first fluid conduit (32, 34, ¶0038) the at least one fuel cell (10, 12) They do not disclose: an air-cooled brake resistor in fluid communication with the air compressor arrangement via a second fluid conduit; and a control system having a controller in communication with the air compressor arrangement and further in communication with a controllable valve assembly for controlling supply of compressed air from the air compressor arrangement to any one of the air-cooled brake resistor via a second fluid conduit the method comprising: receiving a control signal containing data indicative of need for dissipating energy; and in response to the received control signal, controlling distribution of compressed air to any one of the air-cooled brake resistor and by controlling the air compressor arrangement and the controllable valve assembly. However, Larsson teaches (Fig. 2): an air-cooled brake resistor (Fig. 2, 14) in fluid communication with the air compressor arrangement (20, Pg. 8:21-31 ) via a second fluid conduit (22, pg. 8, 21-32) ; and a control system (30) having a controller in communication with the air compressor arrangement (20, Pg. 8:21-31 ) and further in communication with a controllable valve assembly (23, pg. 11:11-25), for controlling supply of compressed air from the air compressor arrangement (20) to any one of the air-cooled brake resistor (14) and a second fluid conduit (22, pg. 8, 21-32), respectively; he method comprising: receiving a control signal containing data indicative of need for dissipating energy; and in response to the received control signal, controlling distribution of compressed air to any one of the air-cooled brake resistor (14, Pg. 8:21-31 ) and by controlling the air compressor arrangement and the controllable valve assembly (pg. 8, 13-30). Regarding claim 16, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the fuel cell management system from Oh that uses a compressor to deliver air to the fuel cell for energy production (¶0038) and take the valve and air cooled resistor brake and add it to the exhaust line of the fuel cell in order to cool a brake resistor for slowing down a motor when electrical energy needs to be consumed as taught by Larsson (pg 10. 21-pg. 11:2). This would simplify the invention where a fuel cell vehicle could use the compressor for both cooling the resistor and operating the fuel cell which would reduce costs. Allowable Subject Matter Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zondler (US 11,949,132) – fuel cell system with compressor Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S LAUGHLIN whose telephone number is (571)270-7244. The examiner can normally be reached Monday - Friday. 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, Eduardo Colon-Santana can be reached at (571) 272-2060. 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. /C.S.L./Examiner, Art Unit 2846 /KAWING CHAN/Primary Examiner, Art Unit 2846
Read full office action

Prosecution Timeline

Mar 02, 2023
Application Filed
Sep 15, 2025
Non-Final Rejection — §103
Dec 18, 2025
Response Filed
Apr 04, 2026
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

3-4
Expected OA Rounds
76%
Grant Probability
86%
With Interview (+10.1%)
3y 2m
Median Time to Grant
Moderate
PTA Risk
Based on 372 resolved cases by this examiner. Grant probability derived from career allow rate.

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