Prosecution Insights
Last updated: April 19, 2026
Application No. 18/949,617

HIERARCHICAL POWER CONTROL

Non-Final OA §103
Filed
Nov 15, 2024
Examiner
MARTINEZ BORRERO, LUIS A
Art Unit
3665
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Cummins Power Generation Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
510 granted / 635 resolved
+28.3% vs TC avg
Strong +18% interview lift
Without
With
+18.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
29 currently pending
Career history
664
Total Applications
across all art units

Statute-Specific Performance

§101
19.7%
-20.3% vs TC avg
§103
39.8%
-0.2% vs TC avg
§102
9.5%
-30.5% vs TC avg
§112
21.6%
-18.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 635 resolved cases

Office Action

§103
DETAIL ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Notice on Prior Art Rejections 2. 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 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. Status of Claims 3. This Office Action is in response to the Applicant's application filed November 15, 2024. Claims 1-20 are presently pending and are presented for examination. Claim Rejections - 35 USC § 103 4. 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 of this title, 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. 5. Claims 1-20 are rejected under 35 U.S.C 103 as being unpatentable over Igarashi et al, US 2022/0314817, in view of Telford et al. US 2023/0322204, hereinafter referred to as Igarashi and Telford, respectively. Regarding claim 1, Igarashi discloses a system for hierarchical power control, comprising: a first controller arranged in a first hierarchical layer of a control topology, the first controller configured to control a first source of energy of a vehicle based on first data of the first source of energy (See fig 1-12, ¶ 78, 76, 67, 68, 66, “a fuel cell control device 246, and a fuel cell cooling system 280. The configuration in FIG. 3 is an example, and the configuration of the fuel cell system 200 is not limited to this.”); a second controller arranged in the first hierarchical layer of the control topology, the second controller configured to control a second source of energy of the vehicle based on second data of the second source of energy (See fig 1-12, ¶ 50, 53, 56, “The battery voltage control unit (BATVCU) 34 is, for example”); and a third controller configured to: receive the first data and the second data from the first hierarchical layer; generate a control signal based on the first data and the second data (See fig 1-12, ¶ 81, 88, 89, 90, 51, “The units 4A and 4B are connected to the ECU 100. A storage unit 150 is connected to the ECU 100. The ECU 100 is an example of a control device or a control unit”); and transmit the control signal to a component of the vehicle to control the component of the vehicle (See fig 1-12, ¶ 78, 82, 83, 84, 85, 63, 62, “The ECU 100 controls the conversion unit 32A, the motor 12A, the conversion unit 32B, and the motor 12B”). Igarashi fails to explicitly discloses layer of a control. However, Telford teaches layer of a control (See fig 1-16, ¶ 211, 212, 213, 215, 216, 214, “The MPC control layer then sends control system requests to the subsystem controllers to adapt the subsystems state in response to predicted power demands. Balancing energy supply, and demand and taking into account the efficiency map and restrictions in operating in some parts of the operating curve, the MPC controller will seek to optimize fuel utilization, and minimize transient events seen by the fuel cell or battery systems to lower degradation rates”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Igarashi and include layer of a control as taught by Telford because it would allow the system to manage powertrain energy balancing for a complex array of energy propulsion and energy storage sub-systems to ensure that such vehicle achieve excellent fuel economy (Telford ¶ 246). Regarding claim 2, Igarashi discloses the system of claim 1, wherein the first source of energy includes a fuel cell stack, and the second source of energy includes a battery pack; the first controller is further configured to control the fuel cell stack; the second controller is further configured to control the battery pack; and the third controller is a supervisory controller configured to generate the control signal based on the first data and the second data (See fig 1-12, ¶ 78, 82, 83, 84, 85, 63, 62, 28, 57, 58, 59, 50, “in FIG. 2, the unit 4A includes a fuel cell system 200A, a fuel cell system 200B, a BATVCU 34A, a conversion unit 32A, a motor 12A, a DC-DC conversion unit 45A, an auxiliary machine 46A, and a battery 40A. The unit 4B includes a fuel cell system 200C, a fuel cell system 200D, a BATVCU 34B, a conversion unit 32B, a motor 12B, a DC-DC conversion unit 45B, an auxiliary machine 46B, and a battery 40B”). Regarding claim 3, Igarashi discloses the system of claim 1, wherein the component comprises a sub-component of a powertrain of the vehicle, and the third controller is further configured to generate the control signal to control the sub-component of the powertrain of the vehicle (See fig 1-12, ¶ 78, 81, 82, 83, 84, 85, 63, 62, 28, 57, 58, 59, 50, 48, “The units 4A and 4B include a fuel cell system. In the following description, when one of the units 4A and 4B is not specified, they are each referred to as a unit 4. The shaft 5 is, for example, a propeller shaft, and is a component that connects the transmission 3 and a gear connected to the vehicle wheel 7. The schematic configuration of the electric vehicle 1 shown in FIG. 1”). Regarding claim 4, Igarashi discloses the system of claim 1, wherein the component comprises at least one of: a propulsion component of the vehicle, a navigation component of the vehicle, a power electronics, a converter, or a high-voltage component of the vehicle; and the third controller is further configured to generate the control signal to control at least one of propulsion of the vehicle, navigation of the vehicle, the power electronics, the converter, or the high-voltage component of the vehicle (See fig 1-12, ¶ 78, 81, 82, 83, 84, 85, 63, 62, 28, 57, 58, 59, 50, 48, 56, “The battery voltage control unit (BATVCU) 34 is, for example, a step-up type DC-DC converter. The BATVCU 34 steps up a DC voltage supplied from the battery 40 and supplies it to the conversion unit 32. The BATVCU 34 outputs a regenerative voltage supplied from the motor 12 or power supplied from the fuel cell system 200 to the battery 40”). Regarding claim 5, Igarashi discloses the system of claim 1, wherein the first controller is configured to provide a first signal directly to the first source of energy based on the first data, and the second controller is configured to provide a second signal directly to the second source of energy based on the second data (See fig 1-12, ¶ 78, 81, 82, 83, 84, 85, 63, 62, 28, 57, 58, 59, 50, 48, 56, 52, “The fuel cell system 200A includes a FCVCU 244A, a fuel cell 201A, and an A/P 202A. The fuel cell system 200B includes an FCVCU 244B, a fuel cell 201B, and an A/P 202B. A fuel cell system 200C includes an FCVCU 244C, a fuel cell 201C, and anA/P 202C. A fuel cell system 200D includes an FCVCU 244D, a fuel cell 201D, and an A/P 202D”). Regarding claim 6, Igarashi discloses the system of claim 1, wherein: the component comprises an internal electrical energy source of the vehicle; and the third controller is further configured to generate the control signal to control the internal electrical energy source of the vehicle (See fig 1-12, ¶ 78, 81, 82, 83, 84, 85, 63, 67, 68, 28, 57, 58, 59, 50, 48, 56, 52, 62, “The electronic control unit (ECU) 100 controls, for example, each fuel cell system 200 based on a state of the fuel cell system 200, a state of the battery 40, and power required by the fuel cell system 200. The ECU 100 compares, for example, the required power and a threshold value stored in the storage unit 150, and controls each fuel cell system 200 based on a result of the comparison”). Regarding claim 7, Igarashi discloses a system for hierarchical power control, comprising: a plurality of first controllers arranged in a first hierarchical layer of a control topology, each of the plurality of first controllers configured to manage a respective fuel cell stack of a plurality of fuel cell stacks, each of the plurality of fuel cell stacks configured to provide electrical energy to a component in a vehicle (See fig 1-12, ¶ 78, 76, 67, 68, 66, “a fuel cell control device 246, and a fuel cell cooling system 280. The configuration in FIG. 3 is an example, and the configuration of the fuel cell system 200 is not limited to this.”); a plurality of second controllers arranged in the first hierarchical layer, the plurality of second controllers coupled with a plurality of battery packs disposed in the vehicle, each of the plurality second controllers configured to manage a respective battery pack of the plurality of battery packs (See fig 1-12, ¶ 50, 53, 56, “The battery voltage control unit (BATVCU) 34 is, for example”); and a third controller coupled with the first plurality of controllers and the second plurality of controllers, the third controller arranged in a second hierarchical layer of the control topology, the third controller configured to interface with: (i) one or more of the plurality of first controllers and the plurality of second controllers and (ii) a vehicle powertrain configured to control propulsion of the vehicle (See fig 1-12, ¶ 81, 88, 89, 90, 51, “The units 4A and 4B are connected to the ECU 100. A storage unit 150 is connected to the ECU 100. The ECU 100 is an example of a control device or a control unit”). Igarashi fails to explicitly discloses layer of a control. However, Telford teaches layer of a control (See fig 1-16, ¶ 211, 212, 213, 215, 216, 214, “The MPC control layer then sends control system requests to the subsystem controllers to adapt the subsystems state in response to predicted power demands. Balancing energy supply, and demand and taking into account the efficiency map and restrictions in operating in some parts of the operating curve, the MPC controller will seek to optimize fuel utilization, and minimize transient events seen by the fuel cell or battery systems to lower degradation rates”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Igarashi and include layer of a control as taught by Telford because it would allow the system to manage powertrain energy balancing for a complex array of energy propulsion and energy storage sub-systems to ensure that such vehicle achieve excellent fuel economy (Telford ¶ 246). Regarding claim 8, Igarashi discloses the system of claim 7, further comprising a plurality of fourth controllers arranged in a third hierarchical layer of the control topology, each of the plurality of fourth controllers configured to: (i) regulate at least one of an electrical control and a thermal manager for at least one of the plurality of fuel cell stacks and (ii) control one or more of the plurality of first controllers arranged in the first hierarchical layer, and wherein the third controller is further configured to indirectly interface with one or more of the plurality of first controllers via at least one of the plurality of fourth controllers (See fig 1-12, ¶ 78, 81, 82, 83, 84, 85, 63, 67, 68, 28, 57, 58, 59, 50, 48, 56, 52, 62, 78, “The fuel cell control device 246 performs control for temperature adjustment of the fuel cell system 200 using the fuel cell cooling system 280. The fuel cell control device 246 may be replaced by, for example, a control device such as an FC-ECU. The fuel cell control device 246 may perform power generation control on the electric vehicle 1 in conjunction with the ECU 100”). Regarding claim 9, Igarashi discloses the system of claim 7, wherein each of the plurality of first controllers are further configured to regulate an electrical control and a thermal manager for at least one of the plurality of fuel cell stacks (See fig 1-12, ¶ 78, 81, 82, 83, 84, 85, 63, 62, 28, 57, 58, 59, 50, 48, “The units 4A and 4B include a fuel cell system. In the following description, when one of the units 4A and 4B is not specified, they are each referred to as a unit 4. The shaft 5 is, for example, a propeller shaft, and is a component that connects the transmission 3 and a gear connected to the vehicle wheel 7. The schematic configuration of the electric vehicle 1 shown in FIG. 1”). Regarding claim 10, Igarashi discloses the system of claim 7, further comprising at least one fourth controller arranged in a third hierarchical layer of the control topology, the at least one fourth controller configured to: (i) regulate at least one of an electrical control and a thermal manager for at least one of the plurality of fuel cell stacks and (ii) control at least one first controller of the plurality of first controllers arranged in the first hierarchical layer, and wherein the third controller is further configured to: indirectly interface with the at least one first controller via the at least one fourth controller, directly interface with at least one other first controller of the plurality of first controllers, and regulate an electrical control and a thermal manager for at least one of the plurality of fuel cell stacks associated with the at least one other first controller (See fig 1-12, ¶ 78, 81, 82, 83, 84, 85, 63, 67, 68, 28, 57, 58, 59, 50, 48, 56, 52, 62, 78, 79, “when a temperature of the fuel cell stack 210 detected by the temperature sensor 240 is equal to or greater than a predetermined threshold value. For example, the fuel cell cooling system 280 cools down the temperature of the fuel cell stack 210 by circulating a refrigerant through a flow path provided in the fuel cell stack 210 and discharging a heat of the fuel cell stack 210. The fuel cell cooling system 280 may perform control of heating or cooling down the fuel cell stack 210”). Regarding claim 11, Igarashi discloses the system of claim 7, wherein each of the plurality of first controllers are further configured to regulate an electrical control and a thermal manager for at least one of the plurality of fuel cell stacks, and wherein the third controller is further configured to: (i) manage the respective fuel cell stack of the plurality of fuel cell stacks and (ii) regulate, via interfacing with at least one of the plurality of first controllers, the electrical control and the thermal manager for at least one of the plurality of fuel cell stacks (See fig 1-12, ¶ 78, 81, 82, 83, 84, 85, 63, 67, 68, 28, 57, 58, 59, 50, 48, 56, 52, 62, 78, 79, “when a temperature of the fuel cell stack 210 detected by the temperature sensor 240 is equal to or greater than a predetermined threshold value. For example, the fuel cell cooling system 280 cools down the temperature of the fuel cell stack 210 by circulating a refrigerant through a flow path provided in the fuel cell stack 210 and discharging a heat of the fuel cell stack 210. The fuel cell cooling system 280 may perform control of heating or cooling down the fuel cell stack 210”). Regarding claim 12, Igarashi discloses the system of claim 7, wherein in controlling the propulsion of the vehicle, the first controller is configured to control generation or conveyance of electrical power from one of the plurality of fuel cell stacks (See fig 1-12, ¶ 78, 81, 82, 83, 84, 85, 63, 67, 68, 28, 57, 58, 59, 50, 48, 56, 52, 62, 78, 79, 75, “when a temperature of the fuel cell stack 210 detected by the temperature sensor 240 is equal to or greater than a predetermined threshold value. For example, the fuel cell cooling system 280 cools down the temperature of the fuel cell stack 210 by circulating a refrigerant through a flow path provided in the fuel cell stack 210 and discharging a heat of the fuel cell stack 210. The fuel cell cooling system 280 may perform control of heating or cooling down the fuel cell stack 210”). Regarding claim 13, Igarashi discloses the system of claim 7, wherein the second hierarchical layer is higher in the control topology than the first hierarchical layer, and wherein at least one controller in the first hierarchical layer is configured to provide sensor data to the third controller, and the third controller is configured to generate a control signal based on the sensor data (See fig 1-12, ¶ 78, 81, 82, 83, 84, 85, 93, 63, 67, 68, 28, 57, 58, 59, 50, 48, 56, 52, 62, 78, 79, 75, “A temperature sensor 240 detects the temperatures of the anode 210A and the cathode 210B of the fuel cell stack 210, and outputs a detection signal (temperature information) to the fuel cell control device 246”). Regarding claim 14, Igarashi discloses the system of claim 7, wherein each of the plurality of first controllers is further configured to manage the respective fuel cell stack including a balance of plant (BoP) mechanism configured to manage heat, ventilation, or power distribution, and wherein the BoP mechanism includes a thermal management system or an electrical module (See fig 1-12, ¶ 78, 81, 82, 83, 84, 85, 63, 67, 68, 28, 57, 58, 59, 50, 48, 56, 52, 62, “The electronic control unit (ECU) 100 controls, for example, each fuel cell system 200 based on a state of the fuel cell system 200, a state of the battery 40, and power required by the fuel cell system 200. The ECU 100 compares, for example, the required power and a threshold value stored in the storage unit 150, and controls each fuel cell system 200 based on a result of the comparison”). Regarding claim 15, Igarashi discloses the system of claim 7, wherein the second hierarchical layer is a system level layer configured to supervise the first hierarchical layer, and the first hierarchical layer is an engine level layer or a module level layer associated with operation of the vehicle (See fig 1-12, ¶ 78, 81, 82, 83, 84, 85, 63, 62, 28, 57, 58, 59, 50, 48, 56, 52, “The fuel cell system 200A includes a FCVCU 244A, a fuel cell 201A, and an A/P 202A. The fuel cell system 200B includes an FCVCU 244B, a fuel cell 201B, and an A/P 202B. A fuel cell system 200C includes an FCVCU 244C, a fuel cell 201C, and anA/P 202C. A fuel cell system 200D includes an FCVCU 244D, a fuel cell 201D, and an A/P 202D”). Regarding claim 16, Igarashi discloses the system of claim 7, wherein the third controller is a supervisory controller configured to control functions related to the first controller or the second controller (See fig 1-12, ¶ 78, 82, 83, 84, 85, 63, 62, 28, 57, 58, 59, 50, “in FIG. 2, the unit 4A includes a fuel cell system 200A, a fuel cell system 200B, a BATVCU 34A, a conversion unit 32A, a motor 12A, a DC-DC conversion unit 45A, an auxiliary machine 46A, and a battery 40A. The unit 4B includes a fuel cell system 200C, a fuel cell system 200D, a BATVCU 34B, a conversion unit 32B, a motor 12B, a DC-DC conversion unit 45B, an auxiliary machine 46B, and a battery 40B”). Regarding claim 17, Igarashi discloses a method for hierarchical power control, comprising: identifying a plurality of first controllers in a first hierarchical layer of a control topology, each of the plurality of first controllers configured to control a first source of energy of a vehicle based on first data of the first source of energy (See fig 1-12, ¶ 78, 76, 67, 68, 66, “a fuel cell control device 246, and a fuel cell cooling system 280. The configuration in FIG. 3 is an example, and the configuration of the fuel cell system 200 is not limited to this.”);; identifying a plurality of second controllers in the first hierarchical layer of the control topology, each of the plurality of second controllers configured to control a second source of energy of the vehicle based on second data of the second source of energy (See fig 1-12, ¶ 50, 53, 56, “The battery voltage control unit (BATVCU) 34 is, for example”); coupling a third controller with the plurality of first controllers and the plurality of second controllers; receiving, by the third controller, the first data and the second data; generating, by the third controller, a control signal based on the first data and the second data (See fig 1-12, ¶ 81, 88, 89, 90, 51, “The units 4A and 4B are connected to the ECU 100. A storage unit 150 is connected to the ECU 100. The ECU 100 is an example of a control device or a control unit”); and transmitting the control signal to a component of the vehicle to control the component of the vehicle (See fig 1-12, ¶ 78, 82, 83, 84, 85, 63, 62, “The ECU 100 controls the conversion unit 32A, the motor 12A, the conversion unit 32B, and the motor 12B”). Igarashi fails to explicitly discloses layer of a control. However, Telford teaches layer of a control (See fig 1-16, ¶ 211, 212, 213, 215, 216, 214, “The MPC control layer then sends control system requests to the subsystem controllers to adapt the subsystems state in response to predicted power demands. Balancing energy supply, and demand and taking into account the efficiency map and restrictions in operating in some parts of the operating curve, the MPC controller will seek to optimize fuel utilization, and minimize transient events seen by the fuel cell or battery systems to lower degradation rates”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Igarashi and include layer of a control as taught by Telford because it would allow the system to manage powertrain energy balancing for a complex array of energy propulsion and energy storage sub-systems to ensure that such vehicle achieve excellent fuel economy (Telford ¶ 246). Regarding claim 18, Igarashi discloses the method of claim 17, further comprising: controlling, by the third controller, via the control signal, (i) a sub-component of a powertrain of the vehicle, (ii) a propulsion or navigation component of the vehicle, or (iii) a power electronics, a converter, or a high-voltage component of the vehicle (See fig 1-12, ¶ 78, 81, 82, 83, 84, 85, 63, 62, 28, 57, 58, 59, 50, 48, “The units 4A and 4B include a fuel cell system. In the following description, when one of the units 4A and 4B is not specified, they are each referred to as a unit 4. The shaft 5 is, for example, a propeller shaft, and is a component that connects the transmission 3 and a gear connected to the vehicle wheel 7. The schematic configuration of the electric vehicle 1 shown in FIG. 1”). Regarding claim 19, Igarashi discloses the method of claim 17, further comprising: providing, by the first controller, a first signal to the first source of energy based on the first data; and providing, by the second controller, a second signal to the second source of energy based on the second data (See fig 1-12, ¶ 78, 82, 83, 84, 85, 63, 62, 28, 57, 58, 59, 50, “in FIG. 2, the unit 4A includes a fuel cell system 200A, a fuel cell system 200B, a BATVCU 34A, a conversion unit 32A, a motor 12A, a DC-DC conversion unit 45A, an auxiliary machine 46A, and a battery 40A. The unit 4B includes a fuel cell system 200C, a fuel cell system 200D, a BATVCU 34B, a conversion unit 32B, a motor 12B, a DC-DC conversion unit 45B, an auxiliary machine 46B, and a battery 40B”). Regarding claim 20, Igarashi discloses the method of claim 17, further comprising: controlling, by the third controller, via at least one of the plurality of first controllers, an electrical control and a thermal manager for at least one corresponding fuel cell stack (See fig 1-12, ¶ 78, 81, 82, 83, 84, 85, 63, 62, 28, 57, 58, 59, 50, 48, 56, “The battery voltage control unit (BATVCU) 34 is, for example, a step-up type DC-DC converter. The BATVCU 34 steps up a DC voltage supplied from the battery 40 and supplies it to the conversion unit 32. The BATVCU 34 outputs a regenerative voltage supplied from the motor 12 or power supplied from the fuel cell system 200 to the battery 40”). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS A MARTINEZ BORRERO whose email is luis.martinezborrero@uspto.gov and telephone number is (571)272-4577. The examiner can normally be reached on M-F 8:00-5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, HUNTER LONSBERRY can be reached on (571)272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LUIS A MARTINEZ BORRERO/Primary Examiner, Art Unit 3665
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Prosecution Timeline

Nov 15, 2024
Application Filed
Feb 05, 2026
Non-Final Rejection — §103 (current)

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