Prosecution Insights
Last updated: April 19, 2026
Application No. 18/974,887

AFTERTREATMENT SYSTEM HEATER CONTROLS

Non-Final OA §102§103
Filed
Dec 10, 2024
Examiner
TRAN, BINH Q
Art Unit
3746
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
CUMMINS INC.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
95%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
1200 granted / 1365 resolved
+17.9% vs TC avg
Moderate +7% lift
Without
With
+6.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
28 currently pending
Career history
1393
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
28.1%
-11.9% vs TC avg
§102
50.7%
+10.7% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1365 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 . 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. Claims 1-7, 9-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ellmer (Patent/Publication Number US 2022/0025808). Regarding claims 1 and 11, Ellmer discloses a system (100) and method comprising: an exhaust aftertreatment system (110, 112) including a heater (114) configured to provide heat to a catalyst (110, 112) (e.g. See Paragraphs [0034-0035]); a heater control unit (HCU) (200) configured to supply electrical power to the heater (e.g. See Paragraphs [0037-0038]); and a power supply control unit (PSCU) (142, 116) configured to supply electrical power to the HCU at a variable voltage (e.g. See Paragraphs [0035] The voltage source 140, for example a rechargeable battery or a battery, is designed to supply the heating device 114 with electrical energy. In this respect, the exhaust gas aftertreatment system 100 has a transmission cable 142 and the heating device 114 has a power connection 116. The electrical energy flows to the heating device 114 by way of the transmission cable 142 and the power connection 116.) (e.g. See Paragraphs [0035-0036, 0040-0041]), wherein the HCU is configured to determine a setpoint parameter, the setpoint parameter varying in response to variation in a commanded power output of the HCU to drive the heater (e.g. See Paragraphs [0038-0040]), the PSCU configured to receive the setpoint parameter and to adjust the variable voltage supplied to the HCU in response to the setpoint parameter (e.g. See Paragraphs [0038-0040]), and the adjustment of the setpoint parameter is effective to optimize an efficiency of the HCU during operation to supply the commanded power output to the heater (e.g. See Paragraphs [0040] The control unit 200 is additionally designed to determine a measurement signal 306. When determining the measurement signal 306, a first measurement signal condition 320 is included. The first measurement signal condition 320 is in this case characteristic of a signal that is measured with the voltage measurement device 170 at the end of the transmission cable 142 facing the heating device 114. The control unit 200 may be additionally designed to provide a setpoint voltage value 308 by the program/data memory 220. The setpoint voltage value 308 may depend on a first voltage setpoint condition 322 and a second voltage setpoint condition 324. The first voltage setpoint condition 322 takes into account the expected electrical voltage that is intended to arrive at the heating device 114. The second voltage setpoint condition 324 takes into account at least one ambient parameter.) (e.g. See Paragraphs [0038-0041]). Regarding claims 2, 12, Ellmer further discloses wherein the HCU is configured to receive the commanded power output from an engine control unit (ECU) (e.g. See Paragraphs [0025, 0027]). Regarding claims 3, 13, Ellmer further discloses wherein the HCU is configured to determine a heater load resistance in response to a measured output voltage of the HCU and a measured output current of the HCU (e.g. See Paragraphs [0038] In some implementations, the control unit 200 is designed to carry out a method shown in FIG. 2 for checking and ensuring the functionality of the exhaust gas aftertreatment system 100. Accordingly, the control unit 200 is designed to determine an actual value 302 which is characteristic of an ohmic resistance of the heating device 114. At least one first actual value condition 310 and a second actual value condition 312 are taken into account for the actual value determination. The first actual value condition 310 is an electrical current strength supplied to the heating device 114. The second actual value condition 312 is an electrical voltage supplied to the heating device 114. .... ) (e.g. See Paragraphs [0038, 0040-0041]). Regarding claims 4, 14, Ellmer further discloses wherein the HCU is configured to determine a target output current in response to the commanded power output and the heater load resistance, and to determine a target output voltage in response to the commanded power output and the target output current (e.g. See Paragraphs [0038, 0040-0041]). Regarding claims 5, 15, Ellmer further discloses wherein the HCU is configured to determine a voltage drop across the HCU in response to at least one of (a) an input voltage measurement and an output voltage measurement, and (b) a predetermined value (e.g. See Paragraphs [0036-0037, 0040-0041]). Regarding claims 6, 16, Ellmer further discloses wherein the HCU is configured to determine the setpoint parameter in response to the voltage target, the voltage drop across the HCU, and an optimal power converter duty cycle (e.g. See Paragraphs [0036-0037, 0040-0041]). Regarding claims 7, 17, Ellmer further discloses wherein the ECU is configured to communicate with the HCU via a first controller area network and configured to communicate with the PSCU via a second controller area network (e.g. See Paragraphs [0037-0041]). Regarding claims 9, 19, Ellmer further discloses wherein the HCU is configured to provide the setpoint parameter to the ECU and the ECU is configured to provide the setpoint parameter to the HCU (e.g. See Paragraphs [0037-0041]). Regarding claims 10, 20, Ellmer further discloses wherein the HCU is configured to supply electrical power to a plurality of heaters (e.g. See Paragraphs [0037-0041]). 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. 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. Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ellmer (Patent/Publication Number US 2022/0025808) in view of Hirooka et al. (Hirooka) (Patent/Publication Number US 2022/0333516). Regarding claims 8 and 18, Ellmer discloses all the claimed limitation as discussed above except that the PSCU comprises a motor generator unit (MGU). Hirooka teaches that it is conventional in the art, to the PSCU comprises a motor generator unit (MGU) (31, 32) (e.g. See Paragraphs [0035] The controller 100 controls the internal combustion engine 20, the first motor generator 31, and the second motor generator 32. In other words, the controller 100 is a controller that controls the power-train of the vehicle 10 that is a plug-in hybrid electric vehicle. For this reason, the controller 100 controls the internal combustion engine 20 that includes the electrically heated catalyst system 200. In short, the controller 100 is also a controller that controls the internal combustion engine 20.) (e.g. See Paragraphs [0033-0035, 0038, 0049-0050]). It would have been obvious to one having ordinary skill in the art at the time the invention was made, to use the PSCU comprises a motor generator unit (MGU) of Ellmer, as taught by Hirooka for the purpose of supplying electric power to a heating system of an exhaust gas of an internal combustion engine, so as to reduce the poisoned materials in the purifying catalyst and to reduce amount of nitrogen oxides in the exhaust gas of the lean-burn engine, and further improve the performance of the engine and the efficiency of the emission system, since the use thereof would have been routinely practiced by those with ordinary skill in the art to maintain high purification efficiency of a catalyst system. Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and consists of six patents: Hashimoto et al. (Pat./Pub. No. US 2015/0218995), Kotlar et al. (Pat./Pub. No. US 2022/0082041), Swart et al. (Pat./Pub. No. US 2022/0243631), Stoltz et al. (Pat./Pub. No. US 2022/0364488), Hirooka et al. (Pat./Pub. No. US 2023/0094717), and Zein et al. (Pat./Pub. No. US 2024/0035408), all discloses an exhaust gas purification for use with an internal combustion engine. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner Binh Tran whose telephone number is (571) 272-4865. The examiner can normally be reached on Monday-Friday from 8:00 a.m. to 4:00 p.m. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Mark Laurenzi, can be reach on (571) 270-7878. The fax phone numbers for the organization where this application or proceeding is assigned are (571) 273-8300 for regular communications and for After Final communications. 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. Binh Q. Tran /BINH Q TRAN/ Primary Examiner, Art Unit 3748 September 20, 2025
Read full office action

Prosecution Timeline

Dec 10, 2024
Application Filed
Sep 20, 2025
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
95%
With Interview (+6.7%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 1365 resolved cases by this examiner. Grant probability derived from career allow rate.

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