Prosecution Insights
Last updated: August 18, 2026
Application No. 18/441,278

COMPUTER-IMPLEMENTED METHOD FOR CONTROLLING A POWER PRODUCING ASSEMBLY OF A VEHICLE

Non-Final OA §103
Filed
Feb 14, 2024
Priority
Feb 21, 2023 — EU 23157800.6 +2 more
Examiner
KINGSLAND, KYLE J
Art Unit
3663
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Volvo Group
OA Round
3 (Non-Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
185 granted / 237 resolved
+26.1% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
24 currently pending
Career history
261
Total Applications
across all art units

Statute-Specific Performance

§101
7.7%
-32.3% vs TC avg
§103
46.0%
+6.0% vs TC avg
§102
24.4%
-15.6% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 237 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 26, 2026 has been entered. Response to Arguments Applicant’s arguments, see Pages 11-13, filed May 26, 2026, with respect to the rejection(s) of claim(s) 1-3, 6-10, and 12-14 under 35 U.S.C. 102 and/or 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bhasme et al. (US 20220067850; hereinafter Bhasme). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-3, 6-10 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bennet et al. (US 20150298555; hereinafter Bennet; already of record from IDS) in view of Bhasme et al. (US 20220067850; hereinafter Bhasme). In regards to claim 1, Bennet discloses of a computer system comprising a processor device configured to control a power producing assembly of a vehicle, said power producing assembly comprising a fuel cell system and an energy storage system comprising one or more batteries, wherein said fuel cell system and said energy storage system are adapted to produce electric power for one or more energy consumers of the vehicle (“According to one aspect of the present invention there is provided an apparatus for controlling a range extender in an electric vehicle, the apparatus comprising: means (such as a suitably programmed processor and associated memory) for receiving trip information; means (such as a suitably programmed processor and associated memory) for retrieving power usage information relating to a previous trip, the previous trip having trip information which is at least in part in common with the trip information; and means (such as a suitably programmed processor and associated memory) for activating the range extender in dependence on said power usage information.” (Para 0007), “A range extended electric vehicle 100 is shown schematically in FIG. 1. The vehicle includes an apparatus for activating a range extender 104 within the electric vehicle 100, in the form of a controller 102 connected to and in communication with the range extender 104 and a battery 106, typically in the form of a battery pack. The range extender 104 is a secondary source of power, for example a diesel internal combustion engine or hydrogen fuel cell, connected to an electric generator. The range extender is connected to the battery so as to re-charge it via the generator (the circuitry necessary for this has been omitted from the drawing for clarity). The range extender 104 (via the generator) may also directly power the electric motor 108; this is only performed in certain circumstances described in more detail below.” (Para 0095), the fuel cell system which is disclosed as the range extender of Bennet is not required to be the primary power source or have the power directly sent from the fuel cell to the motor, as the claim only requires that the fuel cell system is used to produce electrical power that can then be outputted into power, but it does not require that this is directly transferred from the fuel cell system to the motor or other power consumption device, and instead the power produced by the fuel cell system can be transferred to the battery and then further used to power a device. Additionally/alternatively, it is noted that Bennet does teach of the fuel cell system directly powering a motor, as taught in Para 0095. This is additionally taught within Para 0149 where “The nature of the range extender is that it will produce power under full load. The generator provides a full power load for the internal combustion engine, the power from the generator being used either to charge the pack or assist with supply to the electric motor. The range extender is held at a pre-set rpm (revolutions per minute) (dependent on mode eq. high power, high efficiency or low power efficiency mode), the generator controller loads the range extender. This means the range extender needs only to be mapped at a set rpm (while the generator load may change).” Additionally, it is noted that In Fig 1 there is a connection drawn between the range extender and the electric motor, therefore further disclosing of this feature), the processor device further being configured to: identify an upcoming driving event of the vehicle, said upcoming driving event comprising following a route in a geographic location (“By using telematics and location logging it is possible to predict high loads, ‘back to base’ energy requirements, and to predict when entering city limits in order to further tune the discharge profile. The more data used for prediction the more efficient the planning can be. Parameters which may affect prediction include; route, topography of route, expected speed on each segment of route, historic and current traffic, weather, changing payloads (and hence changing weight), stopping and starting and non-driving loads on the battery (e.g. cab heating, windshield wipers, lights or other electronic instrumentation) degradation (situation) of battery (State Of Health), and all other drivetrain/range extender components.” (Para 0118), “FIG. 7(a) shows an example route taken by a delivery vehicle, with FIG. 7(b) showing the associated profile of a section of the route. The route includes a steep hill climb, a number of drop-off points, and sections of inner-city and motorway driving. Such a route may be input into the system prior to departure, for example, by a user, or the route information may be imported directly from a server storing daily routes.” (Para 0131), see also Para 0125 and 0062), identify a current operating condition of the vehicle (“Each vehicle 100 logs telemetric data such as position, speed, acceleration, battery SOC, weather, drop-off locations and any other trip information to the central server 200. The central server 200 can then collate this data so as to produce a central database of previous trips which can be used to determine power usage plans for future trips, or to adjust the power usage plans of the vehicles currently on a trip. The latter scenario may apply if one vehicle reports low speeds at a particular location, indicating heavy traffic, the server 200 can then signal to other vehicles 100 to avoid this area, adjusting their route and power usage plan accordingly.” (Para 0147), “By using telematics and location logging it is possible to predict high loads, ‘back to base’ energy requirements, and to predict when entering city limits in order to further tune the discharge profile. The more data used for prediction the more efficient the planning can be. Parameters which may affect prediction include; route, topography of route, expected speed on each segment of route, historic and current traffic, weather, changing payloads (and hence changing weight), stopping and starting and non-driving loads on the battery (e.g. cab heating, windshield wipers, lights or other electronic instrumentation) degradation (situation) of battery (State Of Health), and all other drivetrain/range extender components.” (Para 0118)), use driving event information, including power output from a fuel cell system, for driving events following the same route which have previously been performed under determined operating conditions (“Each vehicle 100 logs telemetric data such as position, speed, acceleration, battery SOC, weather, drop-off locations and any other trip information to the central server 200. The central server 200 can then collate this data so as to produce a central database of previous trips which can be used to determine power usage plans for future trips, or to adjust the power usage plans of the vehicles currently on a trip. The latter scenario may apply if one vehicle reports low speeds at a particular location, indicating heavy traffic, the server 200 can then signal to other vehicles 100 to avoid this area, adjusting their route and power usage plan accordingly.” (Para 0147), “According to another aspect of the present invention there is provided a method for controlling a range extender in an electric vehicle, the method comprising: receiving trip information, retrieving at least one previous trip having trip information in common with the trip information, and having associated power usage information; and activating the range extender in dependence on said power usage information.” (Para 0062), “The data from these various instruments is stored in the local memory 118 with the aid of processor 118. Local memory 118 also comprises information relating to previous trips, such as power usage information from previous trips and/or activation schedules relating to previous trips. This information may have been imported to the controller 102 from an external source, determined from telemetric data based on a previous trip, or a combination thereof, and is used when determining whether or not to activate the range extender (i.e. in determining a power usage plan for a current trip). Such a power usage plan may be determined by processing data retrieved (from local memory or from an external source) on-board, or the processing of the data may be performed remotely (for example in the ‘cloud’) and transmitted to the device memory 118 via data connection 114. Logic circuitry 122 and comparator circuitry 124, with the aid of processor 120, determine if the conditions for activation of the range extender are met, and if so, the processor 120 sends a signal to the range extender via output module 126” (Para 0099); it is noted that Bennet discloses of “use driving event information including power output from a fuel cell system for driving events following the same route which have previously been performed under determined operating conditions”, as the claim limitations only requires that the power output is determined from “a fuel cell system” and therefore is not required to be the same as the previously introduced fuel cell system. It is noted that a battery, such as that disclosed in Bennet, can be reasonably interpreted as being a fuel cell system, as battery packs contains a plurality of cells and are therefore fuel cell systems. Additionally/alternatively, it is noted that the range extender of Bennet is also a type of fuel cell system, where the driving event information for the output of the fuel cell system is disclosed in Para 0118 as “By using telematics and location logging it is possible to predict high loads, ‘back to base’ energy requirements, and to predict when entering city limits in order to further tune the discharge profile. The more data used for prediction the more efficient the planning can be. Parameters which may affect prediction include; route, topography of route, expected speed on each segment of route, historic and current traffic, weather, changing payloads (and hence changing weight), stopping and starting and non-driving loads on the battery (e.g. cab heating, windshield wipers, lights or other electronic instrumentation) degradation (situation) of battery (State Of Health), and all other drivetrain/range extender components.” This is additionally disclose within Para 0147 as “Each vehicle 100 logs telemetric data such as position, speed, acceleration, battery SOC, weather, drop-off locations and any other trip information to the central server 200. The central server 200 can then collate this data so as to produce a central database of previous trips which can be used to determine power usage plans for future trips, or to adjust the power usage plans of the vehicles currently on a trip. The latter scenario may apply if one vehicle reports low speeds at a particular location, indicating heavy traffic, the server 200 can then signal to other vehicles 100 to avoid this area, adjusting their route and power usage plan accordingly” and Para 0062 where “According to another aspect of the present invention there is provided a method for controlling a range extender in an electric vehicle, the method comprising: receiving trip information, retrieving at least one previous trip having trip information in common with the trip information, and having associated power usage information; and activating the range extender in dependence on said power usage information.” It is noted that the power usage information of the previous trip is logged and used for current or future trips, where the power usage information includes power output data of both the battery and the range extender, where it is noted that either of these device could be reasonably interpreted as a fuel cell system. Additionally/alternatively, this is also disclosed within Para 0099 where “The data from these various instruments is stored in the local memory 118 with the aid of processor 118. Local memory 118 also comprises information relating to previous trips, such as power usage information from previous trips and/or activation schedules relating to previous trips. This information may have been imported to the controller 102 from an external source, determined from telemetric data based on a previous trip, or a combination thereof, and is used when determining whether or not to activate the range extender (i.e. in determining a power usage plan for a current trip). Such a power usage plan may be determined by processing data retrieved (from local memory or from an external source) on-board, or the processing of the data may be performed remotely (for example in the ‘cloud’) and transmitted to the device memory 118 via data connection 114. Logic circuitry 122 and comparator circuitry 124, with the aid of processor 120, determine if the conditions for activation of the range extender are met, and if so, the processor 120 sends a signal to the range extender via output module 126.” It is noted that the activation schedule of the range extender is included in the previous trip data, which would indicates the schedule that the extender outputs power. This also includes the power usage of the previous trip as well, which is the power output of the battery and/or the range extender), determine a desirable power output profile from the fuel cell system during the identified upcoming driving event for the current operating condition on the basis of the driving event information (“Each vehicle 100 logs telemetric data such as position, speed, acceleration, battery SOC, weather, drop-off locations and any other trip information to the central server 200. The central server 200 can then collate this data so as to produce a central database of previous trips which can be used to determine power usage plans for future trips, or to adjust the power usage plans of the vehicles currently on a trip. The latter scenario may apply if one vehicle reports low speeds at a particular location, indicating heavy traffic, the server 200 can then signal to other vehicles 100 to avoid this area, adjusting their route and power usage plan accordingly.” (Para 0147), “According to another aspect of the present invention there is provided a method for controlling a range extender in an electric vehicle, the method comprising: receiving trip information, retrieving at least one previous trip having trip information in common with the trip information, and having associated power usage information; and activating the range extender in dependence on said power usage information.” (Para 0062), “The data from these various instruments is stored in the local memory 118 with the aid of processor 118. Local memory 118 also comprises information relating to previous trips, such as power usage information from previous trips and/or activation schedules relating to previous trips. This information may have been imported to the controller 102 from an external source, determined from telemetric data based on a previous trip, or a combination thereof, and is used when determining whether or not to activate the range extender (i.e. in determining a power usage plan for a current trip). Such a power usage plan may be determined by processing data retrieved (from local memory or from an external source) on-board, or the processing of the data may be performed remotely (for example in the ‘cloud’) and transmitted to the device memory 118 via data connection 114. Logic circuitry 122 and comparator circuitry 124, with the aid of processor 120, determine if the conditions for activation of the range extender are met, and if so, the processor 120 sends a signal to the range extender via output module 126.” (Para 0099)), generate and issue control data to the power producing assembly during the identified upcoming driving event, the control data being configured to control operation of the fuel cell system in accordance with the determined desirable power output profile such that electric power is produced by the fuel cell system during the driving event (“Each vehicle 100 logs telemetric data such as position, speed, acceleration, battery SOC, weather, drop-off locations and any other trip information to the central server 200. The central server 200 can then collate this data so as to produce a central database of previous trips which can be used to determine power usage plans for future trips, or to adjust the power usage plans of the vehicles currently on a trip. The latter scenario may apply if one vehicle reports low speeds at a particular location, indicating heavy traffic, the server 200 can then signal to other vehicles 100 to avoid this area, adjusting their route and power usage plan accordingly.” (Para 0147), “According to another aspect of the present invention there is provided a method for controlling a range extender in an electric vehicle, the method comprising: receiving trip information, retrieving at least one previous trip having trip information in common with the trip information, and having associated power usage information; and activating the range extender in dependence on said power usage information.” (Para 0062), “The data from these various instruments is stored in the local memory 118 with the aid of processor 118. Local memory 118 also comprises information relating to previous trips, such as power usage information from previous trips and/or activation schedules relating to previous trips. This information may have been imported to the controller 102 from an external source, determined from telemetric data based on a previous trip, or a combination thereof, and is used when determining whether or not to activate the range extender (i.e. in determining a power usage plan for a current trip). Such a power usage plan may be determined by processing data retrieved (from local memory or from an external source) on-board, or the processing of the data may be performed remotely (for example in the ‘cloud’) and transmitted to the device memory 118 via data connection 114. Logic circuitry 122 and comparator circuitry 124, with the aid of processor 120, determine if the conditions for activation of the range extender are met, and if so, the processor 120 sends a signal to the range extender via output module 126.” (Para 0099)); select one or more parameters of the current operating condition (“Each vehicle 100 logs telemetric data such as position, speed, acceleration, battery SOC, weather, drop-off locations and any other trip information to the central server 200. The central server 200 can then collate this data so as to produce a central database of previous trips which can be used to determine power usage plans for future trips, or to adjust the power usage plans of the vehicles currently on a trip. The latter scenario may apply if one vehicle reports low speeds at a particular location, indicating heavy traffic, the server 200 can then signal to other vehicles 100 to avoid this area, adjusting their route and power usage plan accordingly.” (Para 0147), “By using telematics and location logging it is possible to predict high loads, ‘back to base’ energy requirements, and to predict when entering city limits in order to further tune the discharge profile. The more data used for prediction the more efficient the planning can be. Parameters which may affect prediction include; route, topography of route, expected speed on each segment of route, historic and current traffic, weather, changing payloads (and hence changing weight), stopping and starting and non-driving loads on the battery (e.g. cab heating, windshield wipers, lights or other electronic instrumentation) degradation (situation) of battery (State Of Health), and all other drivetrain/range extender components.” (Para 0118)); and in response to the selected one or more parameters of the current operating condition, determine the desirable power output profile from the fuel cell system during the upcoming driving event such that status information of the power producing assembly is within a desirable range during the identified upcoming driving event (“The range extender is on at full power when a high current threshold has been exceeded (to relieve/de-stress the battery pack), otherwise it is on at maximum efficiency if pack SOC is below the target level. If the pack SOC is much less than the target level, then the range extender may be switched onto full power. The level at which the SOC is determined to be less than (<) the target is a parameter that can be set depending on the particular implementation, in one example, this is a level 5% lower (e.g. SOC is 75% when the target is 80%), Similarly, the level at which the SOC is determined to be much less than (<<) the target is also a parameter that can be set depending on the particular implementation, in one example, this is 10% lower (e.g. SOC is 70% when the target is 80%),” (Para 0107), “Each vehicle 100 logs telemetric data such as position, speed, acceleration, battery SOC, weather, drop-off locations and any other trip information to the central server 200. The central server 200 can then collate this data so as to produce a central database of previous trips which can be used to determine power usage plans for future trips, or to adjust the power usage plans of the vehicles currently on a trip. The latter scenario may apply if one vehicle reports low speeds at a particular location, indicating heavy traffic, the server 200 can then signal to other vehicles 100 to avoid this area, adjusting their route and power usage plan accordingly.” (Para 0147), “The data from these various instruments is stored in the local memory 118 with the aid of processor 118. Local memory 118 also comprises information relating to previous trips, such as power usage information from previous trips and/or activation schedules relating to previous trips. This information may have been imported to the controller 102 from an external source, determined from telemetric data based on a previous trip, or a combination thereof, and is used when determining whether or not to activate the range extender (i.e. in determining a power usage plan for a current trip). Such a power usage plan may be determined by processing data retrieved (from local memory or from an external source) on-board, or the processing of the data may be performed remotely (for example in the ‘cloud’) and transmitted to the device memory 118 via data connection 114. Logic circuitry 122 and comparator circuitry 124, with the aid of processor 120, determine if the conditions for activation of the range extender are met, and if so, the processor 120 sends a signal to the range extender via output module 126.” (Para 0099)); wherein determining the desirable power output profile from the fuel cell system (“Each vehicle 100 logs telemetric data such as position, speed, acceleration, battery SOC, weather, drop-off locations and any other trip information to the central server 200. The central server 200 can then collate this data so as to produce a central database of previous trips which can be used to determine power usage plans for future trips, or to adjust the power usage plans of the vehicles currently on a trip. The latter scenario may apply if one vehicle reports low speeds at a particular location, indicating heavy traffic, the server 200 can then signal to other vehicles 100 to avoid this area, adjusting their route and power usage plan accordingly.” (Para 0147), “According to another aspect of the present invention there is provided a method for controlling a range extender in an electric vehicle, the method comprising: receiving trip information, retrieving at least one previous trip having trip information in common with the trip information, and having associated power usage information; and activating the range extender in dependence on said power usage information.” (Para 0062), “The data from these various instruments is stored in the local memory 118 with the aid of processor 118. Local memory 118 also comprises information relating to previous trips, such as power usage information from previous trips and/or activation schedules relating to previous trips. This information may have been imported to the controller 102 from an external source, determined from telemetric data based on a previous trip, or a combination thereof, and is used when determining whether or not to activate the range extender (i.e. in determining a power usage plan for a current trip). Such a power usage plan may be determined by processing data retrieved (from local memory or from an external source) on-board, or the processing of the data may be performed remotely (for example in the ‘cloud’) and transmitted to the device memory 118 via data connection 114. Logic circuitry 122 and comparator circuitry 124, with the aid of processor 120, determine if the conditions for activation of the range extender are met, and if so, the processor 120 sends a signal to the range extender via output module 126.” (Para 0099)) comprises: estimating an initial power output profile from the fuel cell system during the upcoming driving event under the selected one or more parameters of the current operating condition on the basis of said driving event information, wherein, in the event that information from previously performed driving events is not associated with the same values of the selected one or more parameters, estimating the initial power output profile comprises [calculating values with different values based on] information from previously performed driving events (“The range extender is on at full power when a high current threshold has been exceeded (to relieve/de-stress the battery pack), otherwise it is on at maximum efficiency if pack SOC is below the target level. If the pack SOC is much less than the target level, then the range extender may be switched onto full power. The level at which the SOC is determined to be less than (<) the target is a parameter that can be set depending on the particular implementation, in one example, this is a level 5% lower (e.g. SOC is 75% when the target is 80%), Similarly, the level at which the SOC is determined to be much less than (<<) the target is also a parameter that can be set depending on the particular implementation, in one example, this is 10% lower (e.g. SOC is 70% when the target is 80%),” (Para 0107), “Each vehicle 100 logs telemetric data such as position, speed, acceleration, battery SOC, weather, drop-off locations and any other trip information to the central server 200. The central server 200 can then collate this data so as to produce a central database of previous trips which can be used to determine power usage plans for future trips, or to adjust the power usage plans of the vehicles currently on a trip. The latter scenario may apply if one vehicle reports low speeds at a particular location, indicating heavy traffic, the server 200 can then signal to other vehicles 100 to avoid this area, adjusting their route and power usage plan accordingly.” (Para 0147), “The data from these various instruments is stored in the local memory 118 with the aid of processor 118. Local memory 118 also comprises information relating to previous trips, such as power usage information from previous trips and/or activation schedules relating to previous trips. This information may have been imported to the controller 102 from an external source, determined from telemetric data based on a previous trip, or a combination thereof, and is used when determining whether or not to activate the range extender (i.e. in determining a power usage plan for a current trip). Such a power usage plan may be determined by processing data retrieved (from local memory or from an external source) on-board, or the processing of the data may be performed remotely (for example in the ‘cloud’) and transmitted to the device memory 118 via data connection 114. Logic circuitry 122 and comparator circuitry 124, with the aid of processor 120, determine if the conditions for activation of the range extender are met, and if so, the processor 120 sends a signal to the range extender via output module 126.” (Para 0099) “Rather than a detailed map being provided to the controller 102, the controller 102 may merely be provided with information such as waypoints, changing payloads; or general route information such as the distance being driven in the inner city/motorway and the number of drop-offs. This information may be sourced directly from a separate pre-existing database, for instance, a logistics database. In one embodiment, a central logistics database contains route information for an entire fleet of vehicles. By using previous data collected from vehicles operating the same or similar routes, power usage plans for each vehicle can be calculated and exported to the individual controllers in each vehicle. If the system also includes live tracking capability, information such as current traffic, weather and other live conditions that may affect power usage, the power usage plans (or even the routes themselves) can be updated mid-journey. One example of a route change may be that one vehicle encounters significant traffic, so a vehicle that is due to enter that area is diverted onto a different route which would result in a lower energy expenditure.” (Para 0141), “It might not be necessary to know current payloads; instead, the system can detect actual current draw in different situations (speeds, accelerations etc.) and extrapolate from that the different loads/current draws in different (predicted) situations. Statistical analysis can identify ancillary loads such as on board refrigeration, as well as seasonal variations where extra cooling in summer or heating in winter will affect energy usage. Also knowing payload (current on vehicle and predicted changes during the day) can be used to fine tune the system.” (Para 0120), “In use, this trip itinerary information is received and previous trips having some information in common (e.g. a trip yesterday had a 20 mile section on a motorway, Frank drove part of this route last week) are ‘stitched’ together to form this upcoming trip. The power usage information from such previous trips is then optionally adapted for this upcoming trip (which may be performed in dependence on and/or extrapolated from further previous trip information). A power usage plan for this upcoming trip is then generated and programmed into the controller memory 118 in the form of an activation schedule for the range extender. This processing may occur (i) on-board, whereby previous trip information is retrieved by the controller 102 from local memory 118 (ii) the controller may retrieve previous trip information from an external source, or (iii) the processing may be performed on a server 200 (see FIG. 10) and the controller 102 retrieves a complete power usage plan.” (Para 0132)); and offset at least a portion of said initial power output profile such that said status information of the power producing assembly is within the desirable range during the identified upcoming driving event (“The range extender is on at full power when a high current threshold has been exceeded (to relieve/de-stress the battery pack), otherwise it is on at maximum efficiency if pack SOC is below the target level. If the pack SOC is much less than the target level, then the range extender may be switched onto full power. The level at which the SOC is determined to be less than (<) the target is a parameter that can be set depending on the particular implementation, in one example, this is a level 5% lower (e.g. SOC is 75% when the target is 80%), Similarly, the level at which the SOC is determined to be much less than (<<) the target is also a parameter that can be set depending on the particular implementation, in one example, this is 10% lower (e.g. SOC is 70% when the target is 80%),” (Para 0107), “Each vehicle 100 logs telemetric data such as position, speed, acceleration, battery SOC, weather, drop-off locations and any other trip information to the central server 200. The central server 200 can then collate this data so as to produce a central database of previous trips which can be used to determine power usage plans for future trips, or to adjust the power usage plans of the vehicles currently on a trip. The latter scenario may apply if one vehicle reports low speeds at a particular location, indicating heavy traffic, the server 200 can then signal to other vehicles 100 to avoid this area, adjusting their route and power usage plan accordingly.” (Para 0147), “The data from these various instruments is stored in the local memory 118 with the aid of processor 118. Local memory 118 also comprises information relating to previous trips, such as power usage information from previous trips and/or activation schedules relating to previous trips. This information may have been imported to the controller 102 from an external source, determined from telemetric data based on a previous trip, or a combination thereof, and is used when determining whether or not to activate the range extender (i.e. in determining a power usage plan for a current trip). Such a power usage plan may be determined by processing data retrieved (from local memory or from an external source) on-board, or the processing of the data may be performed remotely (for example in the ‘cloud’) and transmitted to the device memory 118 via data connection 114. Logic circuitry 122 and comparator circuitry 124, with the aid of processor 120, determine if the conditions for activation of the range extender are met, and if so, the processor 120 sends a signal to the range extender via output module 126.” (Para 0099) “Rather than a detailed map being provided to the controller 102, the controller 102 may merely be provided with information such as waypoints, changing payloads; or general route information such as the distance being driven in the inner city/motorway and the number of drop-offs. This information may be sourced directly from a separate pre-existing database, for instance, a logistics database. In one embodiment, a central logistics database contains route information for an entire fleet of vehicles. By using previous data collected from vehicles operating the same or similar routes, power usage plans for each vehicle can be calculated and exported to the individual controllers in each vehicle. If the system also includes live tracking capability, information such as current traffic, weather and other live conditions that may affect power usage, the power usage plans (or even the routes themselves) can be updated mid-journey. One example of a route change may be that one vehicle encounters significant traffic, so a vehicle that is due to enter that area is diverted onto a different route which would result in a lower energy expenditure.” (Para 0141), see also Para 0132). However, Bennet does not specifically disclose of in the event that information from previously performed driving events is not associated with the same values of the selected one or more parameters, estimating the initial power output profile comprises interpolating between information from previously performed driving events. Bhasme, in the same field of endeavor, teaches of in the event that information from previously performed driving events is not associated with the same values of the selected one or more parameters, estimating the initial power output profile comprises interpolating between information from previously performed driving events (“In some embodiments, the energy storage device models 322 may include a model for a high energy device and a model for a high power device. For instance, with reference to the example of FIG. 1A, the energy storage device models 322 may include respective models of the illustrative energy storage devices 110A and 110B. In some embodiments, testing data, dynamically collected data (e.g., sensor measurements), and/or historical data may be used to build the models of the illustrative energy storage devices 110A and 110B.” (Para 0144), “In some embodiments, an energy storage device model may include a relational model. For example, an energy storage device model may include a model expressing relationships between voltage and capacity at one or more applicable discharge currents, operating temperatures, state of health values, etc. Additionally, or alternatively, an energy storage device model may include a model expressing relationships between internal resistance and capacity at one or more applicable discharge currents, operating temperatures, state of health values, etc.” (Para 0145) and “In some embodiments, relationships may be provided for all current values between a minimum discharge current (e.g., 0) and a maximum discharge current, all temperature values between a minimum operating temperature and a maximum operating temperature, all state of health values between an initial value (e.g., 100%) and an end-of-life value (e.g., 80%), etc. However, that is not required. In some embodiments, a relationship that is not provided may be interpolated based on available relationships.” (Para 0146), wherein the interpolating aspects can be combined and/or modify the extrapolation aspects of Bennet). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the estimating of the initial power profile when driving event information is not associated with the same values, as taught by Bennet, to include the estimating being done by interpolating information between previously performed driving events, as taught by Bhasme, with a reasonable expectation of success in order to determine a relationship between values based on available relationships (Bhasme Para 0146). In regards to claim 2, the claim recites analogous limitations to claim 1, and is therefore rejected on the same premise. In regards to claim 3, Bennet in view of Bhasme teaches of the method according to claim 2, wherein the operating condition comprise status information for the electric power producing assembly and at least one of the following parameters: vehicle speed, vehicle gross combination weight, ambient temperature, and coolant temperature (“The trip telemetry may comprise at least one of: location, speed, acceleration, elevation, time of day, driver characteristics, and weather.” (Bennet Para 0048), “If a pre-set route is changed, the SOC plan for the rest of the day may be recalculated and re-optimised (either on-board, or in the cloud), and thereby adjusting the activation schedule. This may involve using data recorded from the earlier part of the day (for example, the energy usage at particular speeds/gradients). Equally, real time telemetry may trigger a recalculation of the power usage plan, for example if it is detected that the weight of the vehicle is actually heavier than anticipated, the activation schedule may have to be altered so as to charge the battery for longer and/or more frequently. The frequency of recalculation is a factor that is a trade-off between processing power/energy expenditure and the utility of recalculation. In one embodiment, the power usage plan is only recalculated when a deviation from the original trip itinerary is detected (for example, a delivery truck taking an unexpected route).” (Bennet Para 0139), see also Bennet Para 0125)). In regards to claim 6, Bennet in view of Bhasme teaches of the method according to claim 3, wherein said status information of the electric power producing assembly comprises at least one of the following: a state-of-energy level of the energy storage system, a temperature of the fuel cell system, a temperature of the energy storage system, a state-of-health level of the fuel cell system, and a state-of-health level of the energy storage system (“The range extender is on at full power when a high current threshold has been exceeded (to relieve/de-stress the battery pack), otherwise it is on at maximum efficiency if pack SOC is below the target level. If the pack SOC is much less than the target level, then the range extender may be switched onto full power. The level at which the SOC is determined to be less than (<) the target is a parameter that can be set depending on the particular implementation, in one example, this is a level 5% lower (e.g. SOC is 75% when the target is 80%), Similarly, the level at which the SOC is determined to be much less than (<<) the target is also a parameter that can be set depending on the particular implementation, in one example, this is 10% lower (e.g. SOC is 70% when the target is 80%),” (Bennet Para 0107), “The controller 102 further comprises vehicle parameter sensors 128, which monitor parameters such as: the level of charge of the battery, battery state of health (Battery Management System) and motor speed. Such sensors may be connected to a bus (for example a CANbus (Controller Area Network bus) to allow communication between them and the controller 102). This information is stored in memory 118 and is used when determining whether or not to activate the range extender 104.” (Bennet Para 0100), see also Bennet Para 0119). In regards to claim 7, Bennet in view of Bhasme teaches of the method according to claim 2, wherein determining the desirable power output profile from the fuel cell system during the upcoming driving event is performed by use of a predicting model (“FIG. 2 shows a schematic representation of the controller 102 capable of controlling the range extender 104 to follow a particular power usage plan (or predictive model). Such a plan may include an activation schedule for the range extender which is stored in a memory 118, so as to follow the desired plan. The controller 102 comprises a data connection 114 for receiving/retrieving data (such as trip itinerary information and power usage information) from external sources. This may be a physical connection, such as a Universal Serial Bus (USB) connection, or a wireless connection, such as General Packet Radio Service (GPRS), Global System for Mobile Communications (GSM), Universal Terrestrial Radio Access Network (UTRAN), Evolved UTRAN (E-UTRAN), Code Division Multiple Access (CDMA), Long Term Evolution (LTE), Worldwide Interoperability for Microwave Access (WiMax), or Bluetooth®.” (Bennet Para 0097)). In regards to claim 8, Bennet in view of Bhasme teaches of the method according to claim 2, wherein the driving event information is obtained when the same driving events at the same route have been performed, by real-world vehicles or by use of computer simulation, under determined operating conditions (“Each vehicle 100 logs telemetric data such as position, speed, acceleration, battery SOC, weather, drop-off locations and any other trip information to the central server 200. The central server 200 can then collate this data so as to produce a central database of previous trips which can be used to determine power usage plans for future trips, or to adjust the power usage plans of the vehicles currently on a trip. The latter scenario may apply if one vehicle reports low speeds at a particular location, indicating heavy traffic, the server 200 can then signal to other vehicles 100 to avoid this area, adjusting their route and power usage plan accordingly.” (Bennet Para 0147), “Such self-learning may be performed over an extended period of months or years of operational data. This would provide the controller 102 with historical information regarding particular sections, weather conditions or specific driver characteristics (e.g. Frank accelerates from standstill quickly; Sally sticks to 60 mph on motorways).” (Bennet Para 0143), see also Bennet Para 0141). In regards to claim 9, Bennet in view of Bhasme teaches of the method according to claim 2, wherein the identified upcoming driving event is a hill-climbing driving event (“FIG. 7(a) shows an example route taken by a delivery vehicle, with FIG. 7(b) showing the associated profile of a section of the route. The route includes a steep hill climb, a number of drop-off points, and sections of inner-city and motorway driving. Such a route may be input into the system prior to departure, for example, by a user, or the route information may be imported directly from a server storing daily routes.” (Bennet Para 0131), see also Bennet Para 0133-0134). In regards to claim 10, Bennet in view of Bhasme teaches of the method according to claim 2, wherein the method further comprises: in response to a determination of the desirable power output profile comprises at least a portion being higher than a threshold level, initiating a cooling action of the fuel cell system before start of the driving event (“The GPS/telematics system can also identify the appropriate speed limit and apply speed regulation by means of regenerative braking when the speed limit is exceeded. This function could have a manual override for emergency situations and in cases of incorrect/corrupt data. The range extender may be limited to charging the battery above a certain value so that regenerative braking can always add to the SOC without overcharging the battery.” (Bennet Para 0123); wherein the range extender is paused to avoid overcharging of the battery, therefore having a cool down period for the range extender). In regards to claim 12, the claim recites analogous limitations to claim 1, and is therefore rejected on the same premise. In regards to claim 13, the claim recites analogous limitations to claim 1, and is therefore rejected on the same premise. In regards to claim 14, the claim recites analogous limitations to claim 1, and is therefore rejected on the same premise. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Muller et al. (DE 102015225354) discloses of determining a power model based on extrapolation and interpolation of historical information. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kyle J Kingsland whose telephone number is (571)272-3268. The examiner can normally be reached Monday-Friday from 8:00-4:30. 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. /KYLE J KINGSLAND/Primary Examiner, Art Unit 3663
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Prosecution Timeline

Show 2 earlier events
Feb 02, 2026
Response Filed
Feb 27, 2026
Final Rejection mailed — §103
May 26, 2026
Request for Continued Examination
May 27, 2026
Interview Requested
May 31, 2026
Response after Non-Final Action
Jun 02, 2026
Applicant Interview (Telephonic)
Jun 02, 2026
Examiner Interview Summary
Jul 24, 2026
Non-Final Rejection mailed — §103 (current)

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3-4
Expected OA Rounds
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85%
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2y 9m (~2m remaining)
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