Office Action Predictor
Application No. 18/178,102

Fuel Cell Electric Vehicle and Method of Controlling Same

Non-Final OA §102
Filed
Mar 03, 2023
Examiner
ERWIN, JAMES M
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Kia Corporation
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
85%
With Interview

Examiner Intelligence

82%
Career Allow Rate
476 granted / 581 resolved
Without
With
+3.0%
Interview Lift
avg trend
2y 8m
Avg Prosecution
21 pending
602
Total Applications
career history

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
42.2%
+2.2% vs TC avg
§102
31.3%
-8.7% vs TC avg
§112
22.7%
-17.3% vs TC avg
Black line = Tech Center average estimate • Based on career data

Office Action

§102
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 Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S .C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has complied with all of the conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Drawings The drawings received on 03/03/2023 were reviewed and are acceptable. Specification The specification filed on 03/03/2023 was reviewed and is acceptable. Claim Objections Claim 10 is objected to because of the following informalities: “ a current SOC value ” in line 7 should be replaced with --a current state of charge (SOC) value --. Appropriate correction is required. 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. (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) 1- 2, 6, 10-11, and 15 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Bhimani et al. (US 2022/0203908 A1; hereinafter “Bhimani” ) . Regarding claim s 1 and 10 , Bhimani discloses a method of controlling a fuel cell electric vehicle, and related fuel cell electric vehicle ([0002]) comprising: a fuel cell stack (power source 110B, [0017]); a battery (power source 110C, [0017]); and a controller (powertrain controller 104, [0021]) configured to, or the method comprising: determine a required output power amount of the fuel cell stack (see [0021] which describes dividing the total amount of power request 130 among the various power sources) from a total required output power amount (via power request 130, [0021]) of the battery and the fuel cell stack based on an output power distribution ratio of the fuel cell stack (see [0047] which describes determining a power distribution ratio) according to a current [state of charge] (SOC) value of the battery (via use of of the various health values, [0047]; see also [0034] which describes determining a health value of the battery based upon e.g. current charge) ; and control an operation of the fuel cell stack based on the required output power amount of the fuel cell stack (as shown in e.g. Fig 4; see also [0049]) . Regarding claims 2 and 11 , Bhimani discloses all of the claim limitations as set forth above. Bhimani further discloses that the controller is configured to , or the method comprising, determine the total required output power amount (power request 130) by adding a required output power amount of a driving motor and a power consumption amount of a balance of plant (BOP) (see [0018-0020] which describes the power request 130 being the amount of power that is required to move the vehicle and various components, e.g. sensors, computers; see also [0053] which describes controlling various mechanisms of the power sources, e.g. actuators, intake valves). Regarding claims 6 and 15 , Bhimani discloses all of the claim limitations as set forth above. Bhimani further discloses that the controller is configured to, or the method comprising, determine the required output power amount of the fuel cell stack by multiplying the total required output power amount by the output power distribution ratio (as shown in e.g. Fig 4; see also [0049]). Allowable Subject Matter Claim(s) 3-5, 7-9, 12-14, and 16-18 is/are 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. The following is a statement of reasons for the indication of allowable subject matter: The present invention is related to, inter alia , a method of controlling a fuel cell electric vehicle, and related fuel cell electric vehicle, comprising: ( claims 3 and 12 ) determine the output power distribution ratio based on a target SOC error value of the battery and the total required output power amount; and ( claims 7 and 16 ) determine a corrected output power amount of the fuel cell stack by adding a output power correction amount of the fuel cell stack according to a dischargeable amount of the battery to the required output power amount of the fuel cell stack. Bhimani et al. (US 2022/0203908 A1; hereinafter “Bhimani” ) is considered to be the closest relevant prior art to dependent claims 3, 7, 12, and 16 . Bhimani discloses most of the claim limitations as set forth above. However, Bhimani does not disclose, teach, fairly suggest, nor render obvious the above noted limitations. Regarding claims 3 and 12 , to the contrary, Bhimani explicitly discloses that a health module determines the health of the battery based upon e.g. current charge and/or history of the battery ([0034]), which is then in turn used by the powertrain supervisor to determine the power distribution ([0037-0038]). Accordingly, there does not appear to be any reasonable basis for the skilled artisan to abandon such machine learning (via the health modules) and be directed towards incorporating a SOC error value because the SOC history of the battery is already known and incorporated by the powertrain supervisor, along with other factors, in determining the power distribution. Regarding claims 7 and 16 , to the contrary, Bhimani explicitly discloses that the dischargeable amount of the battery is already accounted for via the health of the battery (as noted above), and accordingly, an appropriate power distribution is determined (as shown in e.g. Fig 4). Accordingly, there does not appear to be any reasonable basis for the skilled artisan to abandon such determinations and be directed towards correcting the output power of the fuel cell stack based upon the charge of the battery because such is already accounted for via the powertrain supervisor. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Manabe et al. (US 2015/0217660 A1) discloses a fuel cell system; Imanaka et al. (US 2020/0379050 A1) discloses an energy storage apparatus; Koga et al. (US 2020/0072911 A1) discloses a SOC estimation method for secondary batteries; Suzuki (US 2017/0005488 A1) discloses an electrical storage system. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JAMES M ERWIN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-3101 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday: 6am-3pm PDT . 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, FILLIN "SPE Name?" \* MERGEFORMAT Nicole Buie-Hatcher can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 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. /JAMES M ERWIN/ Primary Examiner, Art Unit 1725 11/19/2025
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Prosecution Timeline

Mar 03, 2023
Application Filed
Nov 20, 2025
Non-Final Rejection — §102
Mar 23, 2026
Response Filed

Precedent Cases

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2y 5m to grant Granted Mar 17, 2026

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
85%
With Interview (+3.0%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 581 resolved cases by this examiner