Prosecution Insights
Last updated: August 17, 2026
Application No. 18/921,071

A METHOD FOR CONTROLLING AN ELECTRIC MACHINE SYSTEM DURING FAIL-SAFE MODE

Non-Final OA §102§103
Filed
Oct 21, 2024
Examiner
LAUGHLIN, CHARLES S
Art Unit
2837
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Garrett Transportation I Inc.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
297 granted / 388 resolved
+8.5% vs TC avg
Moderate +11% lift
Without
With
+10.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
23 currently pending
Career history
424
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
53.1%
+13.1% vs TC avg
§102
32.9%
-7.1% vs TC avg
§112
9.7%
-30.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 388 resolved cases

Office Action

§102 §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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/21/24, and 2/12/26 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claim 20 is objected to because of the following informalities: line 8: “a processor” is listed twice and should be changed to “the processor”. Appropriate correction is required. Claim Rejections - 35 USC § 102 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) 1-8, 11-17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grassl et al. (US 2023/0268867). Regarding claim 1, Grassl discloses (fig. 1): A method for operating an e-machine system with an electric machine, the e-machine system having an operational mode (inherently disclosed normal mode when not operating in safe operating mode, ¶0041) and a fail-safe mode (Fig. 4, step S1, ¶0045) for the electric machine, the method comprising: providing a plurality of switching elements (9 and 10) operably coupled to the electric machine (6, ¶0041) and having a plurality of configurations (¶0041), including an operational configuration for the operational mode (normal control, ¶0041), a freewheel configuration for the fail-safe mode (Fig. 4, S2, ¶0046), and an active short-circuit configuration for the fail-safe mode (¶0046); receiving, by a processor (8, ¶0026), a fault indication of the e-machine system (13, ¶0045); and selectively switching, in response to receiving the fault indication (13), the plurality of switching elements (9, 10) in the fail-safe mode (step s2), including selectively modulating the plurality of switching elements (9, 10) between the freewheel configuration and the active short-circuit configuration (¶0046-¶0052). Regarding claim 2, Grassl discloses (fig. 1): wherein selectively switching includes selectively modulating the plurality of switching elements between the freewheel configuration and the active short-circuit configuration according to a predetermined fail-safe strategy stored in a memory device (data storage, not shown, ¶0025-¶0026). Regarding claim 3, Grassl discloses (fig. 1): wherein selectively switching includes applying the freewheel configuration for a percentage of a time period and the active short-circuit configuration for a remainder of the time period according to the predetermined fail-safe strategy (¶0050-¶0052, switches from freewheel state to active short circuit).. Regarding claim 4, Grassl discloses (fig. 1): wherein the predetermined fail-safe strategy is selectively modifiable to modify the modulating of the plurality of switching elements between the freewheel configuration and the active short-circuit configuration (¶0050-¶0052, switches from freewheel state to active short circuit). Regarding claim 5, Grassl discloses (fig. 1): further comprising receiving, by the processor, a preselected percentage of the time period (can change timing of criterion for switching modes, ¶0045-¶0050); and wherein selectively switching includes applying the freewheel configuration for the preselected percentage of the time period and the active short-circuit configuration for the remainder of the preselected time period according to the predetermined fail-safe strategy (¶0050-¶0052, switches from freewheel state to active short circuit). Regarding claim 6, Grassl discloses (fig. 1): wherein the preselected percentage of the time period is less than 100% and greater than 0% (this would be the entire range of time, ¶0050-¶0052, switches from freewheel state to active short circuit). Regarding claim 7, Grassl discloses (fig. 4): wherein the memory device (not shown, ¶0026) includes a plurality of fail-safe strategies stored thereon (Fig. 4, switches modes, ¶0045-¶0051); further comprising receiving, by the processor (¶0026), a selection of the predetermined fail-safe strategy from the plurality of fail-safe strategies (¶0045-¶0051). Regarding claim 8, Grassl discloses (fig. 4): further comprising receiving, by the processor, the selected predetermined fail-safe strategy from the memory device; and wherein selectively switching includes selectively modulating the plurality of switching elements between the freewheel configuration and the active short-circuit configuration according to the received selected predetermined fail-safe strategy (Fig. 4, switches modes, ¶0045-¶0051). Regarding claim 11, Grassl discloses (fig. 1): A device for operating an e-machine system (fig. 1, 1) with an electric machine (6, ¶0040), the e-machine system having an operational mode (normal mode, ¶0041) and a fail-safe mode (Fig. 4, step S1, ¶0045) for the electric machine, the device comprising: an inverter (Fig. 1, 6), with a plurality of switching elements (9 and 10)operably coupled to the electric machine (6, ¶0041) and having a plurality of configurations (¶0041), including an operational configuration for the operational mode (normal control, ¶0041), a freewheel configuration for the fail-safe mode (S2, ¶0046), and an active short-circuit configuration for the fail-safe mode (¶0046); a processor (8, ¶0026) configured to receive a fault indication of the e-machine system (13, ¶0045); and the plurality of switching elements (9 and 10) configured to, in response to the processor (8) receiving the fault indication (13, ¶0045, Fig. 4, step S1), selectively switch in the fail-safe mode (step S2), including selectively modulating between the freewheel configuration and the active short-circuit configuration (¶0046-¶0052). Regarding claim 12, Grassl discloses (fig. 1): further comprising a memory (fig. 1, 8) device with a predetermined fail-safe strategy stored thereon (data storage, not shown, ¶0026); and wherein the plurality of switching elements (9, 10) are configured to selectively switch between the freewheel configuration and the active short-circuit configuration according to the predetermined fail-safe strategy stored in the memory device (¶0025). Regarding claim 13, Grassl discloses (fig. 4): wherein the plurality of switching elements are configured to selectively apply the freewheel configuration for a percentage of a time period and the active short-circuit configuration for the remainder of the time period according to the predetermined fail-safe strategy (¶0050-¶0052, switches from freewheel state to active short circuit). Regarding claim 14, Grassl discloses (fig. 4): wherein the predetermined fail-safe strategy is selectively modifiable to modify the modulating of the plurality of switching elements between the freewheel configuration and the active short-circuit configuration (¶0050-¶0052, switches from freewheel state to active short circuit). Regarding claim 15, Grassl discloses (fig. 4): wherein the processor is configured to receive a preselected percentage of the time period (can change timing of criterion for switching modes, ¶0045-¶0050); and wherein the plurality of switching elements are configured to apply the freewheel configuration for the preselected percentage of the time period (based on criterion set, ¶0046-¶0051) and the active short-circuit configuration for the remainder of the preselected time period according to the predetermined fail-safe strategy (¶0050-¶0052, switches from freewheel state to active short circuit). Regarding claim 16, Grassl discloses (fig. 4): wherein the preselected percentage of the time period is less than 100% and greater than 0% (this would be the entire range of time, ¶0050-¶0052, switches from freewheel state to active short circuit). Regarding claim 17, Grassl discloses (fig. 4): wherein the memory device includes a plurality of fail-safe strategies stored thereon (Fig. 4, switches modes, ¶0045-¶0051); and wherein the processor is configured to receive a selection of the predetermined fail-safe strategy from the plurality of fail-safe strategies (various modes, ¶0045-¶0051). Regarding claim 20, Grassl discloses (fig. 4): A method for operating an e-machine system with an electric motor, the e-machine system having an operational mode (normal mode, ¶0041) and a fail-safe mode (Fig. 4, step S1, ¶0045) for the electric motor (6), the method comprising: providing a plurality of switching elements (9 and 10) operably coupled to the electric motor (6, ¶0041) and having a plurality of configurations (¶0041), including an operational configuration for the operational mode (normal control, ¶0041), a freewheel configuration for the fail-safe mode (Fig. 4, S2, ¶0046), and an active short-circuit configuration for the fail-safe mode (¶0046); receiving, by a processor from a memory device (¶0026), a predetermined fail-safe strategy (Fig. 4, S1-S6b, ¶0046-¶0052); receiving, by a processor (8, ¶0026), a fault indication of the e-machine system (13, ¶0045); and selectively switching, in response to receiving the fault indication (13), the plurality of switching elements (9, 10) in the fail-safe mode (step s2), including selectively modulating the plurality of switching elements between the freewheel configuration for a predetermined percentage of a time period and the active short-circuit configuration for a remainder of the predetermined percentage of the time period according to the received predetermined fail-safe strategy (¶0050-¶0052, switches from freewheel state to active short circuit). 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) 9-10, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grassl et al. (US 2023/0268867) in view of Lacaux et al. (US 2022/0094297). Regarding claim 9, Grassl discloses (Fig. 1): wherein the plurality of switching elements (fig. 1, 9, 10) are arranged in a first set (9) and a second set (10), the first set (9) and the second set (10) disposed on opposite sides of a DC supply (3, ¶0041); and wherein selectively switching includes selectively modulating the plurality of switching elements between the freewheel configuration, the first active short-circuit configuration, and the second active short-circuit configuration (¶0046-¶0050, can switch between freewheeling mode and active short circuit). Grassl does not disclose: wherein the plurality of switching elements has a first active short-circuit configuration in which the first set are closed and the second set are open; wherein the plurality of switching elements has a second active short-circuit configuration in which the second set are closed and the first set are open; However, Lacaux teaches (fig. 9): wherein the plurality of switching elements has a first active short-circuit configuration (fig. 9) in which the first set (15) are closed and the second set are open (¶0083); wherein the plurality of switching elements has a second active short-circuit configuration (fig. 8) in which the second set are closed (15b) and the first set are open (15a, ¶0082); 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 safety mode motor controller from Grassl that switches between freewheeling and active short circuit modes based on a fault in order to dissipate current (¶0004-¶0007) and use two modes to short circuit either the upper side arms of an inverter or lower arms of an inverter in order to short circuit the motor to dissipate power in the event of a fault (¶0082) and alternate between shorting the upper and lower sides of the inverters in order to prevent the switches from overheating as taught by Lacaux (¶0088). This would improve safety by shorting a motor when a fault is detected and alternating inverter arms in order to prevent the switches from burning. Regarding claim 10, Grassl discloses (Fig. 1): wherein, the plurality of switching elements (fig. 1, 9, 10) are configured to respectively switch open and closed (¶0040); wherein the plurality of switching elements are arranged in a first set (9) and a second set (10), the first set and the second set disposed on opposite sides of a DC supply (opposite sides of 3, ¶0040); wherein, in the freewheel configuration, each of the plurality of switching elements are open (fig. 1, ¶0041); Grassl does not disclose: and wherein, in the active short-circuit configuration, one of the first set and the second set is open and the other is closed However, Lacaux teaches (fig. 9): and wherein, in the active short-circuit configuration, one of the first set and the second set is open and the other is closed (¶0082-¶0083). 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 safety mode motor controller from Grassl that switches between freewheeling and active short circuit modes based on a fault in order to dissipate current (¶0004-¶0007) and use two modes to short circuit either the upper side arms of an inverter or lower arms of an inverter in order to short circuit the motor to dissipate power in the event of a fault (¶0082) and alternate between shorting the upper and lower sides of the inverters in order to prevent the switches from overheating as taught by Lacaux (¶0088). This would improve safety by shorting a motor when a fault is detected and alternating inverter arms in order to prevent the switches from burning. Regarding claim 18, Grassl discloses (Fig. 1): wherein the plurality of switching elements (fig. 1, 9, 10) are arranged in a first set (9) and a second set (10), the first set (9) and the second set (10) disposed on opposite sides of a DC supply (3, ¶0041); and wherein selectively switching includes selectively modulating the plurality of switching elements between the freewheel configuration, the first active short-circuit configuration, and the second active short-circuit configuration (¶0046-¶0050, can switch between freewheeling mode and active short circuit). Grassl does not disclose: wherein the plurality of switching elements has a first active short-circuit configuration in which the first set are closed and the second set are open; wherein the plurality of switching elements has a second active short-circuit configuration in which the second set are closed and the first set are open; However, Lacaux teaches (fig. 9): wherein the plurality of switching elements has a first active short-circuit configuration (fig. 9) in which the first set (15) are closed and the second set are open (¶0083); wherein the plurality of switching elements has a second active short-circuit configuration (fig. 8) in which the second set are closed (15b) and the first set are open (15a, ¶0082); Regarding claim 18, 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 safety mode motor controller from Grassl that switches between freewheeling and active short circuit modes based on a fault in order to dissipate current (¶0004-¶0007) and use two modes to short circuit either the upper side arms of an inverter or lower arms of an inverter in order to short circuit the motor to dissipate power in the event of a fault (¶0082) and alternate between shorting the upper and lower sides of the inverters in order to prevent the switches from overheating as taught by Lacaux (¶0088). This would improve safety by shorting a motor when a fault is detected and alternating inverter arms in order to prevent the switches from burning. Regarding claim 19, Grassl discloses (Fig. 1): wherein, the plurality of switching elements (fig. 1, 9, 10) are configured to respectively switch open and closed (¶0040); wherein the plurality of switching elements are arranged in a first set (9) and a second set (10), the first set and the second set disposed on opposite sides of a DC supply (opposite sides of 3, ¶0040); wherein, in the freewheel configuration, each of the plurality of switching elements are open (fig. 1, ¶0041); Grassl does not disclose: and wherein, in the active short-circuit configuration, one of the first set and the second set is open and the other is closed However, Lacaux teaches (fig. 9): and wherein, in the active short-circuit configuration, one of the first set and the second set is open and the other is closed (¶0082-¶0083). Regarding claim 19, 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 safety mode motor controller from Grassl that switches between freewheeling and active short circuit modes based on a fault in order to dissipate current (¶0004-¶0007) and use two modes to short circuit either the upper side arms of an inverter or lower arms of an inverter in order to short circuit the motor to dissipate power in the event of a fault (¶0082) and alternate between shorting the upper and lower sides of the inverters in order to prevent the switches from overheating as taught by Lacaux (¶0088). This would improve safety by shorting a motor when a fault is detected and alternating inverter arms in order to prevent the switches from burning. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Salle (US 2024/0022202) – motor safety control 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 2837 /KAWING CHAN/Primary Examiner, Art Unit 2837
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Prosecution Timeline

Oct 21, 2024
Application Filed
Jun 12, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
87%
With Interview (+10.7%)
3y 0m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 388 resolved cases by this examiner. Grant probability derived from career allowance rate.

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