Prosecution Insights
Last updated: October 02, 2026
Application No. 18/983,629

METHOD TO IMPROVE RELIABILITY OF ECU USED IN POWERTRAIN APPLICATIONS

Final Rejection §103
Filed
Dec 17, 2024
Examiner
FEES, CHRISTOPHER GEORGE
Art Unit
3662
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Cummins Inc.
OA Round
2 (Final)
57%
Grant Probability
Moderate
3-4
OA Rounds
1y 4m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
89 granted / 156 resolved
+5.1% vs TC avg
Strong +22% interview lift
Without
With
+22.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
24 currently pending
Career history
185
Total Applications
across all art units

Statute-Specific Performance

§101
15.6%
-24.4% vs TC avg
§103
60.4%
+20.4% vs TC avg
§102
15.2%
-24.8% vs TC avg
§112
8.4%
-31.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 156 resolved cases

Office Action

§103
DETAILED ACTION Response to Amendments This office action regarding application number 18/983,629, filed December 17, 2024, is in response to the applicants arguments and amendments filed 5/15/2026. Claim 7 has been amended. Claims 1-20 are currently pending and are addressed below. 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 . Response to Arguments The applicants arguments and amendments to the application have overcome some of the objections and rejections previously set forth in the Non-Final action mailed February 19, 2026. Claim 7 has been amended to remove the language previously objected to, therefore the objection is withdrawn. However the applicants arguments have been fully considered but are not fully persuasive for the reasons seen below, therefore the rejections under 35 USC 103 are maintained with changes to reflect the amendments. On pages 7-8 the applicant argues “The Office Action contends that Nate's lead battery 11 constitutes a "a first power source" (a necessary generalization because the lead battery 11 is not a "first set of capacitors" as per claim 1) and and that its Ni-MH battery constitutes "a second set of capacitors" as per claim 1. Applicant respectfully submits that the substitution of set of capacitor's for Nate's battery 11 not properly supported and runs afoul of controlling law. The Office Action fails to justify the substitution of a first set of capacitors (recited by claim 1) for Nate's lead battery 11. Such substitution requires "an appropriate supporting rationale in view of the decision by the Supreme Court in KSR International Co. v. Teleflex Inc. (KSR), 550 U.S. 398, 82 USPQ2d 1385 (2007)." See MPEP 2141. The required rationale for this substitution have not been provided. Moreover, they cannot be established. An obviousness rejection cannot be maintained if a proposed modification or combination would change the principle of operation of an asserted reference or render it unsatisfactory for its intended purpose. See MPEP 2143.01 (citing In re Ratti, 270 F.2d 810, 123 USPQ 349 (CCPA 1959) and In re Gordon, 733 F.2d 900, 221 USPQ 1125 (Fed. Cir. 1984)). A reasonable expectation of success is also required. See MPEP 2143.02. The required substitution runs afoul of these rules.”, the examiner respectfully disagrees. MPEP 2142-2144 discusses the requirements for a case of obviousness using 35 USC 103 and provides examples of such cases. MPEP 2111 discusses Broadest Reasonable Interpretation and the interpretation of claims. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). As discussed in the rejections below Nate teaches a plurality of power sources (Paragraph [0011], "The first battery and the second battery are capable of repeated electric power charging and discharging. A secondary battery such as a lead storage battery, a nickel-hydrogen battery, and a lithium-ion battery and a capacitor such as an electric double layer capacitor can be applied thereto.") including wherein the second power source may be a set of capacitors. While Nate does not teach a dual bank of capacitors, Khaligh teaches this limitation, wherein a power system for a vehicle includes a plurality of power sources, and the power sources can be a first and second set of capacitors (Column 9, lines 5-15, “The Energy Storage Sub-System 12 may be composed of i (i=1−k) energy sources. The energy sources may include energy storage source including, but not limited to, high-power (HP) batteries, high energy (HE) batteries, hybrid HP/HE batteries, high-power super-capacitors, ultrahigh-power electrostatic super-capacitors, electrochemical nanostructure ultra high-power super-capacitors, hybrid super-capacitors, flywheels, and other kinds of fuel cells,” here the system can have a plurality of energy storage sub systems which can be capacitor banks, these sub systems are connect the power converter) (See Figures 3-6 showing a plurality of energy storage subsystems such as capacitors connected to the converter). In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, MPEP 2141.III “RATIONALES TO SUPPORT REJECTIONS UNDER 35 U.S.C. 103” provides several supporting rationales in order to justify the combination of references, and both (B) and (G) are applicable. As previously cited Khaligh provides a clear motivation to combine in Column 12, lines 10-15, “The benefits associated with ESS hybridization is maximized if an appropriate and effective energy/power load sharing algorithm is adopted. Such a load sharing algorithm does not only increase the performance of the system with better dynamic performance and improved power density but also enhances the main energy sources lifetime,” Khaligh provides several advantages that would provide one of ordinary skill in the art a motivation to combine elements of Khaligh with the teachings of Nate. Additionally (B) states “Simple substitution of one known element for another to obtain predictable results,” in this case the substitution of one power source for an additional capacitor bank would yield predictable results, the use of capacitor banks is already mentioned in Nate and the simple substitution would not be unreasonable. Therefore the combination of Nate and Khaligh teaches a capacitor bank comprising a first set of capacitors and a second set of capacitors and the rejections under 35 USC 103 is maintained. In response to applicant's argument that “Nate's lead battery 11 is services multiple loads requiring sustained power delivery including a starter motor, a load such as a water pump, a wiper, and a light, and an electric active stabilizer 21, among others. (See, e.g., 0036.) Even the largest capacitors have discharge time constants that are far too short to services these loads. Thus, attempting to swap a set of capacitor for Nate's lead battery 11 would impair its intended operation rendering it unsuitable for its intended purpose. There is no reasonable expectation that such a substation would succeed. The rejection should be withdrawn for this reason and for additional reasons.”, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this case the examiner is relying on the teachings of Nate which suggests the use of an ECU in order to control a power system on a vehicle comprising multiple power sources, the control steps comprising operating a switch to couple one power source to another in response to a load demand condition, a simple substitution of an additional capacitor would still allow Nate to accomplish its function of controlling a switch in response to a load condition in order to couple or decouple a plurality of power sources. Therefore the rejections under 35 USC 103 are maintained. On pages 8-9 the applicant argues “Nate in view of Khaligh also to disclose or suggest operating as switch in response to one or more degradation conditions of the first set of capacitors. The cited teaching from Nate is concerned with avoiding deterioration of the alleged second set of capacitors (Ni-MH battery 12)-not any response to a degradation conditions of the first set of capacitors (the capacitors proposed to be impermissibly swapped in for Nate's lead battery 11) . (See Nate 0016, 0021, 0039, 0043, 0044, 0054.) This is essentially the opposite of, and fails to account for what is recited by claim 1. Thus, Nate in view of Khaligh fails to establish a primafacie case of obviousness.,”, the examiner respectfully disagrees. MPEP 2142-2144 discusses the requirements for a case of obviousness using 35 USC 103 and provides examples of such cases. MPEP 2111 discusses Broadest Reasonable Interpretation and the interpretation of claims. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Nate teaches operating a switch (Paragraph [0015], "In the invention, the ECU is configured to cut off the electrical connection between the second battery and each of the load instruments, as described above, by turning OFF the switch on the condition that the high-load instrument as one of the load instruments is not in operation," here the ECU can operate the switch between the second power source/capacitors); this switch can be operated in response to one or more degradation conditions of the first power supply (Paragraph [0039], “Alternatively, the ECU 13 allows the nickel-hydrogen battery 12 to function as a backup electric power supply for the redundant electric power supply load by turning OFF the switch SW1 and turning ON the switch SW2 when the lead battery 11 fails,” here the system is operating the switch as a result of the first power source degrading/failing). As is further discussed in the rejections below, Nate does not explicitly teach the first power source being a set of capacitors, however this limitation is taught by Khaligh. The simple substitution of a set of capacitors as taught by Khaligh would still allow Nates switching function to operate in the same manner, in that the system can detect a degradation condition in a first power source and use that condition as a trigger in order to operate a switch, the system would similarly operate to detect a degradation condition in a capacitor bank as taught by Khaligh. Therefore the combination of Nate and Khaligh teaches operating as switch in response to one or more degradation conditions of the first set of capacitors and the rejections under 35 USC 103 is maintained. On page 9 the applicant argues “The arrangements of Khaligh do not disclose a capacitor bank comprising a first set of capacitors unselectably coupled with a power bus and a second set of capacitors selectably coupleable and decoupleable from the power bus by operation of a switch as per claim 1. On the contrary, they simply disclose converters that are on opposite sides (input side and output side) of a power converter (e.g., Fig. 4 of Khaligh), on the same side (input side) of different converters (e.g., Fig. 5 of Khaligh), or on the same side (input side) of the same converter. On top of this, there remains the problem that a capacitor cannot be properly swapped in for Nate's lead battery 11. The obviousness rejection should be withdrawn for these additional reasons.”, the examiner respectfully disagrees. MPEP 2142-2144 discusses the requirements for a case of obviousness using 35 USC 103 and provides examples of such cases. MPEP 2111 discusses Broadest Reasonable Interpretation and the interpretation of claims. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). As discussed in the rejections below Khaligh teaches a controller configured to operate the switch to couple the second set of capacitors with the power bus in response to a combination of system conditions (Column 6 lines 45-60, “A switching frequency of a corresponding one of the main switches S.sub.1, S.sub.2, S.sub.3, and S.sub.4 is controlled in accordance with a period of a respective one of the control signals V.sub.tri1 and V.sub.tri2, wherein the corresponding main signal is turned ON when a value of a duty cycle of the corresponding main switch exceeds an amplitude of the respective control signal, and the turn-on time of the corresponding main switch is phase-shifted, resulting in an effective frequency of said DC-to-DC converter twice as high as the switching frequency,” here the system can control a series of switches to engage additional energy storage sub systems/capacitors). While Khaligh does not explicitly teach that a first energy storage system is unselectably coupled, this structure of a plurality of energy sources in which a first is unselectably coupled is taught by Nate, therefore the combination of Nate and Khaligh teaches a system which uses a plurality of capacitors and in which one may be permanently coupled and the other switchable). Therefore the combination of Nate and Khaligh teaches disclose a capacitor bank comprising a first set of capacitors unselectably coupled with a power bus and a second set of capacitors selectably coupleable and decoupleable from the power bus by operation of a switch. Therefore the rejections under 35 USC 103 are maintained. 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 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. Claims 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nate (US-20160059722) in view of Khaligh (US-9878635). Regarding claim 1, Nate teaches a system comprising a powertrain system including a prime mover (Paragraph [0035], "The alternator may be configured as a motor generator in, for example, a hybrid vehicle.") a power supply (Paragraph [0034], "According to FIG. 1, an electric power supply device 100") and an electronic control unit (ECU) operatively coupled with and configured to output electrical power to one or more components of the power train system, the electronic control unit comprising (Paragraph [0008], "According to an aspect of the invention, there is provided an electric power supply device for a vehicle including a first battery, a switch, a second battery, and an ECU.") (See Figure 1, showing the ECU coupled with a plurality of other components of the vehicle) a first power source unselectably coupled with a power bus (Paragraph [0011], "The first battery and the second battery are capable of repeated electric power charging and discharging. A secondary battery such as a lead storage battery, a nickel-hydrogen battery, and a lithium-ion battery and a capacitor such as an electric double layer capacitor can be applied thereto.") and a second set of capacitors selectably coupleable and decoupleable from the power bus by operation of a switch (Paragraph [0011], "The first battery and the second battery are capable of repeated electric power charging and discharging. A secondary battery such as a lead storage battery, a nickel-hydrogen battery, and a lithium-ion battery and a capacitor such as an electric double layer capacitor can be applied thereto,” here the secondary power source can be a set of capacitors) and a controller configured to operate the switch to couple the second set of capacitors with the power bus in response to a combination of system conditions (Paragraph [0015], "In the invention, the ECU is configured to cut off the electrical connection between the second battery and each of the load instruments, as described above, by turning OFF the switch on the condition that the high-load instrument as one of the load instruments is not in operation," here the ECU can operate the switch between the second power source/capacitors) including a load demand condition (Paragraph [0015], "In the invention, the ECU is configured to cut off the electrical connection between the second battery and each of the load instruments, as described above, by turning OFF the switch on the condition that the high-load instrument as one of the load instruments is not in operation," here the ECU operates the switch between the secondary capacitors and the system according to a high load demand) and one or more degradation conditions of the first set capacitors (Paragraph [0039], “Alternatively, the ECU 13 allows the nickel-hydrogen battery 12 to function as a backup electric power supply for the redundant electric power supply load by turning OFF the switch SW1 and turning ON the switch SW2 when the lead battery 11 fails,” here the system is operating the switch as a result of the first power source degrading/failing). However Nate does not explicitly teach a power converter operatively coupled with the power supply, a capacitor bank operatively coupled with one of an input of the power converter and an output of the power converter. Khaligh teaches powertrain system for plug-in electric vehicles (PEVs) includes one or a number of Energy Storage Sub-Systems (ESSs) including a power converter operatively coupled with the power supply (Column 1, lines 25-35, “The present invention also is directed to a powertrain system for plug-in electric vehicles which uses a power converter operatively coupled between the Energy Storage Sub-System(s) and the Propulsion Machine-Inverter Groups in a specific configuration of the power electronic interfaces between the Energy Storage Sub-System(s) and the Propulsion Machines”) a capacitor bank operatively coupled with one of an input of the power converter and an output of the power converter (Column 9, lines 5-15, “The Energy Storage Sub-System 12 may be composed of i (i=1−k) energy sources. The energy sources may include energy storage source including, but not limited to, high-power (HP) batteries, high energy (HE) batteries, hybrid HP/HE batteries, high-power super-capacitors, ultrahigh-power electrostatic super-capacitors, electrochemical nanostructure ultra high-power super-capacitors, hybrid super-capacitors, flywheels, and other kinds of fuel cells,” here the system can have a plurality of energy storage sub systems which can be capacitor banks, these sub systems are connect the power converter) (See Figures 3-6 showing a plurality of energy storage subsystems such as capacitors connected to the converter) and a controller configured to operate the switch to couple the second set of capacitors with the power bus in response to a combination of system conditions (Column 6 lines 45-60, “A switching frequency of a corresponding one of the main switches S.sub.1, S.sub.2, S.sub.3, and S.sub.4 is controlled in accordance with a period of a respective one of the control signals V.sub.tri1 and V.sub.tri2, wherein the corresponding main signal is turned ON when a value of a duty cycle of the corresponding main switch exceeds an amplitude of the respective control signal, and the turn-on time of the corresponding main switch is phase-shifted, resulting in an effective frequency of said DC-to-DC converter twice as high as the switching frequency,” here the system can control a series of switches to engage additional energy storage sub systems/capacitors, and while Khaligh does not explicitly teach that a first energy storage system is unselectably coupled, this structure of a plurality of energy sources in which a first is unselectably coupled is taught by Nate, therefore the combination of Nate and Khaligh teaches a system which uses a plurality of capacitors and in which one may be permanently coupled and the other switchable). Nate and Khaligh are analogous art as they are both generally related to systems for controlling the energy use in a vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include a power converter operatively coupled with the power supply, a capacitor bank operatively coupled with one of an input of the power converter and an output of the power converter of Khaligh in the system and method for controlling a powertrain of Nate with a reasonable expectation of success in order to adopt an effective energy load sharing algorithm to increase the performance of the system with better dynamic performance and improve power density (Column 12, lines 10-15, “The benefits associated with ESS hybridization is maximized if an appropriate and effective energy/power load sharing algorithm is adopted. Such a load sharing algorithm does not only increase the performance of the system with better dynamic performance and improved power density but also enhances the main energy sources lifetime”). Regarding claim 2, the combination of Nate and Khaligh teaches the system as discussed above in claim 1, Nate further teaches wherein the load demand condition comprises a output power being greater than an output power threshold (Paragraph [0015], "In the invention, the ECU is configured to cut off the electrical connection between the second battery and each of the load instruments, as described above, by turning OFF the switch on the condition that the high-load instrument as one of the load instruments is not in operation," here the ECU operates the switch between the secondary capacitors and the system according to a high load demand). However Nate does not explicitly teach the use of a converter. Khaligh further teaches wherein the load demand condition comprises a converter output power being greater than an output power threshold (Column 1, lines 25-35, “The present invention also is directed to a powertrain system for plug-in electric vehicles which uses a power converter operatively coupled between the Energy Storage Sub-System(s) and the Propulsion Machine-Inverter Groups in a specific configuration of the power electronic interfaces between the Energy Storage Sub-System(s) and the Propulsion Machines”) (Column 12, lines 20-30, “For example, for rule based approaches (such as fuzzy logic controller), the information on demanded power and SOC of low-energy source are required to determine output powers for high-energy and low-energy sources,” here the system is using a power converter connected to the energy storage systems and the system will further use demanded power to determine the output strategy which controls internal switches). Nate and Khaligh are analogous art as they are both generally related to systems for controlling the energy use in a vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include wherein the load demand condition comprises a converter output power being greater than an output power threshold of Khaligh in the system and method for controlling a powertrain of Nate with a reasonable expectation of success in order to adopt an effective energy load sharing algorithm to increase the performance of the system with better dynamic performance and improve power density (Column 12, lines 10-15, “The benefits associated with ESS hybridization is maximized if an appropriate and effective energy/power load sharing algorithm is adopted. Such a load sharing algorithm does not only increase the performance of the system with better dynamic performance and improved power density but also enhances the main energy sources lifetime”). Regarding claim 3, the combination of Nate and Khaligh teaches the system as discussed above in claim 1, Nate further teaches wherein the one or more degradation conditions comprises a service duration of the ECU being greater than a service duration threshold (Paragraph [0049], “When it is determined that the lateral acceleration equal to or greater than the lateral acceleration threshold has not occurred (Step S101: No), the ECU 13 determines (Step S103), based on the output signal from the lateral acceleration sensor 22, whether or not the lateral acceleration has been absent for a certain period of time. In other words, the ECU 13 determines whether or not the electric active stabilizer 21 has been out of operation for a certain period of time,” here the system is operating the switch to connect or disconnect the auxiliary power source in response to an amount of time since the last time the component was in service has reached a threshold). Regarding claim 4, the combination of Nate and Khaligh teaches the system as discussed above in claim 1, however Nate does not explicitly teach wherein the one or more degradation conditions comprises a ripple current of the capacitor bank and a temperature of the first set of capacitors satisfying a ripple current and temperature condition. Khaligh further teaches wherein the one or more degradation conditions comprises a ripple current of the capacitor bank and a temperature of the first set of capacitors satisfying a ripple current and temperature condition (Column 4 lines 1-10, “It is desirable to use DC-to-DC converters with minimized switching losses, lower inductor current ripple and low switch voltage ratings, as well as reduced output voltage ripples, and enhanced reliability and autonomity of the operation in plug-in electric vehicles.”) (Column 6, lines 25-35, “The converter controller supplies control signals V.sub.tri1 to the main switches S.sub.1 and S.sub.2, and V.sub.tri2 to the main switches S.sub.3 and S.sub.4 to control switching of respective ones of the main switches S.sub.1-S.sub.4 in a predetermined order depending on a required mode of operation to attain efficient three level DC-to-DC voltage conversion with decreased switching losses and reduced current ripple on the transfer inductor.”) (See Also Column 16-17 which teaches how the system is measuring a current ripple and controlling the switches in the system in order to prevent or minimize a ripple current). Nate and Khaligh are analogous art as they are both generally related to systems for controlling the energy use in a vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include wherein the one or more degradation conditions comprises a ripple current of the capacitor bank and a temperature of the first set of capacitors satisfying a ripple current and temperature condition of Khaligh in the system and method for controlling a powertrain of Nate with a reasonable expectation of success in order to adopt an effective energy load sharing algorithm to increase the performance of the system with better dynamic performance and improve power density (Column 12, lines 10-15, “The benefits associated with ESS hybridization is maximized if an appropriate and effective energy/power load sharing algorithm is adopted. Such a load sharing algorithm does not only increase the performance of the system with better dynamic performance and improved power density but also enhances the main energy sources lifetime”). Regarding claim 5, the combination of Nate and Khaligh teaches the system as discussed above in claim 1, Nate further teaches wherein the control is configured to operate the switch to couple the set of capacitors with the power bus (Paragraph [0015], "In the invention, the ECU is configured to cut off the electrical connection between the second battery and each of the load instruments, as described above, by turning OFF the switch on the condition that the high-load instrument as one of the load instruments is not in operation," here the ECU can operate the switch between the second power source/capacitors) in response to either of (a) the load demand on the power converter exceeding a load demand threshold and a service age of the first set of capacitors exceeding a service age threshold and (b) the load demand on the power converter exceeding a load demand threshold and a one or more thresholds for a ripple cur rent and a temperature of the first set of capacitors being exceed (Paragraph [0015], "In the invention, the ECU is configured to cut off the electrical connection between the second battery and each of the load instruments, as described above, by turning OFF the switch on the condition that the high-load instrument as one of the load instruments is not in operation," here the ECU operates the switch between the secondary capacitors and the system according to a high load demand) (Paragraph [0049], “When it is determined that the lateral acceleration equal to or greater than the lateral acceleration threshold has not occurred (Step S101: No), the ECU 13 determines (Step S103), based on the output signal from the lateral acceleration sensor 22, whether or not the lateral acceleration has been absent for a certain period of time. In other words, the ECU 13 determines whether or not the electric active stabilizer 21 has been out of operation for a certain period of time,” here the system is operating the switch to connect or disconnect the auxiliary power source in response to an amount of time since the last time the component was in service has reached a threshold, while Nate does not explicitly teach the first power source is set of capacitors, this limitation is taught by Khaligh). Khaligh further teaches in response to either of (a) the load demand on the power converter exceeding a load demand threshold (Column 1, lines 25-35, “The present invention also is directed to a powertrain system for plug-in electric vehicles which uses a power converter operatively coupled between the Energy Storage Sub-System(s) and the Propulsion Machine-Inverter Groups in a specific configuration of the power electronic interfaces between the Energy Storage Sub-System(s) and the Propulsion Machines”) (Column 12, lines 20-30, “For example, for rule based approaches (such as fuzzy logic controller), the information on demanded power and SOC of low-energy source are required to determine output powers for high-energy and low-energy sources,” here the system is using a power converter connected to the energy storage systems and the system will further use demanded power to determine the output strategy which controls internal switches) and a service age of the first set of capacitors exceeding a service age threshold (Column 3 line 65 – Column 4 line 5, “The amount of power flow between the input and the output of the DC-to-DC converter can be controlled by adjusting the duty cycle (which is identified as a ratio of on/off time of a switch in the DC-to-DC converter).”). Regarding claim 6, the combination of Nate and Khaligh teaches the system as discussed above in claim 1, however Nate does not explicitly teach wherein the capacitor bank comprises a third set of capacitors selectably coupleable and decoupleable from the power bus by operation of a second switch and the controller is configured to operate the second switch to couple the third set of capacitors with the power bus in response to the combination of system conditions. Khaligh further teaches wherein the capacitor bank comprises a third set of capacitors selectably coupleable and decoupleable from the power bus by operation of a second switch and the controller is configured to operate the second switch to couple the third set of capacitors with the power bus in response to the combination of system conditions (Column 8 lines 50-55, “The Powertrain 10 for plug-in electric vehicles (PEVs) includes either a single high-power battery pack as the Energy Storage Sub-System (ESS) 12, or a number of ESSs, and a number of Propulsion Machine-Inverter Groups 14,” here the system can include any number of energy storage subsystems connected via switches) (See Figures 4-6 showing a 1st ESS to a Kth ESS, Figure 7 in particular shows a 1st, a k-1th, and a kth energy storage system demonstrating the system can comprise at least 3 sets of energy storage sub systems). Nate and Khaligh are analogous art as they are both generally related to systems for controlling the energy use in a vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include wherein the capacitor bank comprises a third set of capacitors selectably coupleable and decoupleable from the power bus by operation of a second switch and the controller is configured to operate the second switch to couple the third set of capacitors with the power bus in response to the combination of system conditions of Khaligh in the system and method for controlling a powertrain of Nate with a reasonable expectation of success in order to adopt an effective energy load sharing algorithm to increase the performance of the system with better dynamic performance and improve power density (Column 12, lines 10-15, “The benefits associated with ESS hybridization is maximized if an appropriate and effective energy/power load sharing algorithm is adopted. Such a load sharing algorithm does not only increase the performance of the system with better dynamic performance and improved power density but also enhances the main energy sources lifetime”). Regarding claim 7, the combination of Nate and Khaligh teaches the system as discussed above in claim 1, however Nate does not explicitly teach wherein the microcontroller is configured to first evaluate the combination of system conditions to control the first switch and thereafter second evaluate the combination of system conditions to control the second switch. Khaligh further teaches wherein the microcontroller is configured to first evaluate the combination of system conditions to control the first switch and thereafter second evaluate the combination of system conditions to control the second switch (Column 6, lines 25-35, “The converter controller supplies control signals V.sub.tri1 to the main switches S.sub.1 and S.sub.2, and V.sub.tri2 to the main switches S.sub.3 and S.sub.4 to control switching of respective ones of the main switches S.sub.1-S.sub.4 in a predetermined order depending on a required mode of operation to attain efficient three level DC-to-DC voltage conversion with decreased switching losses and reduced current ripple on the transfer inductor,” here the system is controlling the switches in a specific order based on the required current) (Column 17, “Basically, if the duty cycle is lower than 0.5, the sequence of equivalent circuits is Mode IV-Mode II-Mode IV-Mode III. This sequence of modes repeats itself during the DC-to-DC converter operation,” here the system is activating a mode/predetermined switch, evaluating system conditions and then activating a predetermined switch, this cycle repeats itself). Nate and Khaligh are analogous art as they are both generally related to systems for controlling the energy use in a vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include wherein the microcontroller is configured to first evaluate the combination of system conditions to control the first switch and thereafter second evaluate the combination of system conditions to control the second switch of Khaligh in the system and method for controlling a powertrain of Nate with a reasonable expectation of success in order to adopt an effective energy load sharing algorithm to increase the performance of the system with better dynamic performance and improve power density (Column 12, lines 10-15, “The benefits associated with ESS hybridization is maximized if an appropriate and effective energy/power load sharing algorithm is adopted. Such a load sharing algorithm does not only increase the performance of the system with better dynamic performance and improved power density but also enhances the main energy sources lifetime”). Regarding claim 8, Nate teaches a process of operating a powertrain system including a prime mover, the process comprising: (Paragraph [0035], "The alternator may be configured as a motor generator in, for example, a hybrid vehicle.") operating an electronic control unit of the powertrain system to output electrical power to one or more components of the powertrain system (Paragraph [0008], "According to an aspect of the invention, there is provided an electric power supply device for a vehicle including a first battery, a switch, a second battery, and an ECU.") (See Figure 1, showing the ECU coupled with a plurality of other components of the vehicle) and including a set of dedicated power supply coupled with a DC power bus (Paragraph [0011], "The first battery and the second battery are capable of repeated electric power charging and discharging. A secondary battery such as a lead storage battery, a nickel-hydrogen battery, and a lithium-ion battery and a capacitor such as an electric double layer capacitor can be applied thereto.") and one or more auxiliary capacitors selectably coupled with the a DC power bus (Paragraph [0011], "The first battery and the second battery are capable of repeated electric power charging and discharging. A secondary battery such as a lead storage battery, a nickel-hydrogen battery, and a lithium-ion battery and a capacitor such as an electric double layer capacitor can be applied thereto,” here the secondary power source can be a set of capacitors) and closing at least a first one of one or more switches to couple the one or more auxiliary capacitors with the DC power bus in response to a plurality of conditions (Paragraph [0015], "In the invention, the ECU is configured to cut off the electrical connection between the second battery and each of the load instruments, as described above, by turning OFF the switch on the condition that the high-load instrument as one of the load instruments is not in operation," here the ECU can operate the switch between the second power source/capacitors) including a load demand condition (Paragraph [0015], "In the invention, the ECU is configured to cut off the electrical connection between the second battery and each of the load instruments, as described above, by turning OFF the switch on the condition that the high-load instrument as one of the load instruments is not in operation," here the ECU operates the switch between the secondary capacitors and the system according to a high load demand) and one or more degradation conditions of the set of dedicated capacitors (Paragraph [0039], “Alternatively, the ECU 13 allows the nickel-hydrogen battery 12 to function as a backup electric power supply for the redundant electric power supply load by turning OFF the switch SW1 and turning ON the switch SW2 when the lead battery 11 fails,” here the system is operating the switch as a result of the first power source degrading/failing). However Nate does not explicitly teach the electronic control unit including a DC/DC power converter operatively coupled with a power supply and a capacitor bank operatively coupled with one of an input of the DC/DC power converter and an output of the power converter. Khaligh teaches powertrain system for plug-in electric vehicles (PEVs) includes one or a number of Energy Storage Sub-Systems (ESSs) including the electronic control unit including a DC/DC power converter operatively coupled with a power supply(Column 1, lines 25-35, “The present invention also is directed to a powertrain system for plug-in electric vehicles which uses a power converter operatively coupled between the Energy Storage Sub-System(s) and the Propulsion Machine-Inverter Groups in a specific configuration of the power electronic interfaces between the Energy Storage Sub-System(s) and the Propulsion Machines”) and a capacitor bank operatively coupled with one of an input of the DC/DC power converter and an output of the power converter (Column 9, lines 5-15, “The Energy Storage Sub-System 12 may be composed of i (i=1−k) energy sources. The energy sources may include energy storage source including, but not limited to, high-power (HP) batteries, high energy (HE) batteries, hybrid HP/HE batteries, high-power super-capacitors, ultrahigh-power electrostatic super-capacitors, electrochemical nanostructure ultra high-power super-capacitors, hybrid super-capacitors, flywheels, and other kinds of fuel cells,” here the system can have a plurality of energy storage sub systems which can be capacitor banks, these sub systems are connect the power converter) (See Figures 3-6 showing a plurality of energy storage subsystems such as capacitors connected to the converter) and a controller configured to operate the switch to couple the second set of capacitors with the power bus in response to a combination of system conditions (Column 6 lines 45-60, “A switching frequency of a corresponding one of the main switches S.sub.1, S.sub.2, S.sub.3, and S.sub.4 is controlled in accordance with a period of a respective one of the control signals V.sub.tri1 and V.sub.tri2, wherein the corresponding main signal is turned ON when a value of a duty cycle of the corresponding main switch exceeds an amplitude of the respective control signal, and the turn-on time of the corresponding main switch is phase-shifted, resulting in an effective frequency of said DC-to-DC converter twice as high as the switching frequency,” here the system can control a series of switches to engage additional energy storage sub systems/capacitors, and while Khaligh does not explicitly teach that a first energy storage system is unselectably coupled, this structure of a plurality of energy sources in which a first is unselectably coupled is taught by Nate, therefore the combination of Nate and Khaligh teaches a system which uses a plurality of capacitors and in which one may be permanently coupled and the other switchable). Nate and Khaligh are analogous art as they are both generally related to systems for controlling the energy use in a vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include the electronic control unit including a DC/DC power converter operatively coupled with a power supply and a capacitor bank operatively coupled with one of an input of the DC/DC power converter and an output of the power converter of Khaligh in the system and method for controlling a powertrain of Nate with a reasonable expectation of success in order to adopt an effective energy load sharing algorithm to increase the performance of the system with better dynamic performance and improve power density (Column 12, lines 10-15, “The benefits associated with ESS hybridization is maximized if an appropriate and effective energy/power load sharing algorithm is adopted. Such a load sharing algorithm does not only increase the performance of the system with better dynamic performance and improved power density but also enhances the main energy sources lifetime”). Regarding claim 9, claim 9 is similar in scope to claim 2 and therefor is rejected under similar rationale. Regarding claim 10, claim 10 is similar in scope to claim 3 and therefor is rejected under similar rationale. Regarding claim 11, claim 11 is similar in scope to claim 4 and therefor is rejected under similar rationale. Regarding claim 12, claim 12 is similar in scope to claim 5 and therefor is rejected under similar rationale. Regarding claim 13, claim 13 is similar in scope to claim 6 and therefor is rejected under similar rationale. Regarding claim 14, claim 14 is similar in scope to claim 7 and therefor is rejected under similar rationale. Regarding claim 15, Nate teaches An electronic control unit configured to control one or aspects of a powertrain system including a prime mover, the electronic control unit comprising: (Paragraph [0015], "In the invention, the ECU is configured to cut off the electrical connection between the second battery and each of the load instruments, as described above, by turning OFF the switch on the condition that the high-load instrument as one of the load instruments is not in operation," here the ECU can operate the switch between the second power source/capacitors) (Paragraph [0035], "The alternator may be configured as a motor generator in, for example, a hybrid vehicle.") one or more non-transitory controller readable media configured with instruction executable by a controller to: (Paragraph [0012], “The ECU, which is provided with, for example, a memory and a processor”) operate the electronic control to output electrical power to one or more components of the powertrain system (Paragraph [0008], "According to an aspect of the invention, there is provided an electric power supply device for a vehicle including a first battery, a switch, a second battery, and an ECU.") (See Figure 1, showing the ECU coupled with a plurality of other components of the vehicle) and including a set of dedicated power supply coupled with a DC power bus (Paragraph [0011], "The first battery and the second battery are capable of repeated electric power charging and discharging. A secondary battery such as a lead storage battery, a nickel-hydrogen battery, and a lithium-ion battery and a capacitor such as an electric double layer capacitor can be applied thereto.") and one or more auxiliary capacitors selectably coupled with the a DC power bus (Paragraph [0011], "The first battery and the second battery are capable of repeated electric power charging and discharging. A secondary battery such as a lead storage battery, a nickel-hydrogen battery, and a lithium-ion battery and a capacitor such as an electric double layer capacitor can be applied thereto,” here the secondary power source can be a set of capacitors) and close at least a first one of one or more switches to couple the one or more auxiliary capacitors with the DC power bus in response to a plurality of conditions (Paragraph [0015], "In the invention, the ECU is configured to cut off the electrical connection between the second battery and each of the load instruments, as described above, by turning OFF the switch on the condition that the high-load instrument as one of the load instruments is not in operation," here the ECU can operate the switch between the second power source/capacitors) including a load demand condition (Paragraph [0015], "In the invention, the ECU is configured to cut off the electrical connection between the second battery and each of the load instruments, as described above, by turning OFF the switch on the condition that the high-load instrument as one of the load instruments is not in operation," here the ECU operates the switch between the secondary capacitors and the system according to a high load demand) and one or more degradation conditions of the set of dedicated capacitors (Paragraph [0039], “Alternatively, the ECU 13 allows the nickel-hydrogen battery 12 to function as a backup electric power supply for the redundant electric power supply load by turning OFF the switch SW1 and turning ON the switch SW2 when the lead battery 11 fails,” here the system is operating the switch as a result of the first power source degrading/failing). However Nate does not explicitly teach using a DC/DC power converter operatively coupled with a power supply and a capacitor bank operatively coupled with one of an input of the DC/DC power converter and an output of the power converter. Khaligh teaches powertrain system for plug-in electric vehicles (PEVs) includes one or a number of Energy Storage Sub-Systems (ESSs) including using a DC/DC power converter operatively coupled with a power supply (Column 1, lines 25-35, “The present invention also is directed to a powertrain system for plug-in electric vehicles which uses a power converter operatively coupled between the Energy Storage Sub-System(s) and the Propulsion Machine-Inverter Groups in a specific configuration of the power electronic interfaces between the Energy Storage Sub-System(s) and the Propulsion Machines”) and a capacitor bank operatively coupled with one of an input of the DC/DC power converter and an output of the power converter (Column 9, lines 5-15, “The Energy Storage Sub-System 12 may be composed of i (i=1−k) energy sources. The energy sources may include energy storage source including, but not limited to, high-power (HP) batteries, high energy (HE) batteries, hybrid HP/HE batteries, high-power super-capacitors, ultrahigh-power electrostatic super-capacitors, electrochemical nanostructure ultra high-power super-capacitors, hybrid super-capacitors, flywheels, and other kinds of fuel cells,” here the system can have a plurality of energy storage sub systems which can be capacitor banks, these sub systems are connect the power converter) (See Figures 3-6 showing a plurality of energy storage subsystems such as capacitors connected to the converter) and a controller configured to operate the switch to couple the second set of capacitors with the power bus in response to a combination of system conditions (Column 6 lines 45-60, “A switching frequency of a corresponding one of the main switches S.sub.1, S.sub.2, S.sub.3, and S.sub.4 is controlled in accordance with a period of a respective one of the control signals V.sub.tri1 and V.sub.tri2, wherein the corresponding main signal is turned ON when a value of a duty cycle of the corresponding main switch exceeds an amplitude of the respective control signal, and the turn-on time of the corresponding main switch is phase-shifted, resulting in an effective frequency of said DC-to-DC converter twice as high as the switching frequency,” here the system can control a series of switches to engage additional energy storage sub systems/capacitors, and while Khaligh does not explicitly teach that a first energy storage system is unselectably coupled, this structure of a plurality of energy sources in which a first is unselectably coupled is taught by Nate, therefore the combination of Nate and Khaligh teaches a system which uses a plurality of capacitors and in which one may be permanently coupled and the other switchable). Nate and Khaligh are analogous art as they are both generally related to systems for controlling the energy use in a vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include using a DC/DC power converter operatively coupled with a power supply and a capacitor bank operatively coupled with one of an input of the DC/DC power converter and an output of the power converter of Khaligh in the system and method for controlling a powertrain of Nate with a reasonable expectation of success in order to adopt an effective energy load sharing algorithm to increase the performance of the system with better dynamic performance and improve power density (Column 12, lines 10-15, “The benefits associated with ESS hybridization is maximized if an appropriate and effective energy/power load sharing algorithm is adopted. Such a load sharing algorithm does not only increase the performance of the system with better dynamic performance and improved power density but also enhances the main energy sources lifetime”). Regarding claim 16, claim 16 is similar in scope to claim 2 and therefor is rejected under similar rationale. Regarding claim 17, claim 17 is similar in scope to claim 3 and therefor is rejected under similar rationale. Regarding claim 18, claim 18 is similar in scope to claim 4 and therefor is rejected under similar rationale. Regarding claim 19, claim 19 is similar in scope to claim 5 and therefor is rejected under similar rationale. Regarding claim 20, the combination of Nate and Khaligh teaches the system as discussed above in claim 1, however Nate does not explicitly teach wherein the instructions to close one or more switches are configured to occur in response to both of: (a) the load demand on the power converter exceeding a load demand threshold and a service age of the first set of capacitors exceeding a service age threshold and (b) the load demand on the power converter exceeding a load demand threshold and a one or more thresholds for a ripple current and a temperature of the first set of capacitors being exceed. Khaligh further teaches wherein the instructions to close one or more switches are configured to occur in response to both of: (a) the load demand on the power converter exceeding a load demand threshold (Column 1, lines 25-35, “The present invention also is directed to a powertrain system for plug-in electric vehicles which uses a power converter operatively coupled between the Energy Storage Sub-System(s) and the Propulsion Machine-Inverter Groups in a specific configuration of the power electronic interfaces between the Energy Storage Sub-System(s) and the Propulsion Machines”) (Column 12, lines 20-30, “For example, for rule based approaches (such as fuzzy logic controller), the information on demanded power and SOC of low-energy source are required to determine output powers for high-energy and low-energy sources,” here the system is using a power converter connected to the energy storage systems and the system will further use demanded power to determine the output strategy which controls internal switches) and a service age of the first set of capacitors exceeding a service age threshold (Column 3 line 65 – Column 4 line 5, “The amount of power flow between the input and the output of the DC-to-DC converter can be controlled by adjusting the duty cycle (which is identified as a ratio of on/off time of a switch in the DC-to-DC converter).”) and (b) the load demand on the power converter exceeding a load demand threshold (Column 1, lines 25-35, “The present invention also is directed to a powertrain system for plug-in electric vehicles which uses a power converter operatively coupled between the Energy Storage Sub-System(s) and the Propulsion Machine-Inverter Groups in a specific configuration of the power electronic interfaces between the Energy Storage Sub-System(s) and the Propulsion Machines”) (Column 12, lines 20-30, “For example, for rule based approaches (such as fuzzy logic controller), the information on demanded power and SOC of low-energy source are required to determine output powers for high-energy and low-energy sources,” here the system is using a power converter connected to the energy storage systems and the system will further use demanded power to determine the output strategy which controls internal switches) and a one or more thresholds for a ripple current and a temperature of the first set of capacitors being exceed (Column 4 lines 1-10, “It is desirable to use DC-to-DC converters with minimized switching losses, lower inductor current ripple and low switch voltage ratings, as well as reduced output voltage ripples, and enhanced reliability and autonomity of the operation in plug-in electric vehicles.”) (Column 6, lines 25-35, “The converter controller supplies control signals V.sub.tri1 to the main switches S.sub.1 and S.sub.2, and V.sub.tri2 to the main switches S.sub.3 and S.sub.4 to control switching of respective ones of the main switches S.sub.1-S.sub.4 in a predetermined order depending on a required mode of operation to attain efficient three level DC-to-DC voltage conversion with decreased switching losses and reduced current ripple on the transfer inductor.”) (See Also Column 16-17 which teaches how the system is measuring a current ripple and controlling the switches in the system in order to prevent or minimize a ripple current). Nate and Khaligh are analogous art as they are both generally related to systems for controlling the energy use in a vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include wherein the instructions to close one or more switches are configured to occur in response to both of: (a) the load demand on the power converter exceeding a load demand threshold and a service age of the first set of capacitors exceeding a service age threshold and (b) the load demand on the power converter exceeding a load demand threshold and a one or more thresholds for a ripple current and a temperature of the first set of capacitors being exceed of Khaligh in the system and method for controlling a powertrain of Nate with a reasonable expectation of success in order to adopt an effective energy load sharing algorithm to increase the performance of the system with better dynamic performance and improve power density (Column 12, lines 10-15, “The benefits associated with ESS hybridization is maximized if an appropriate and effective energy/power load sharing algorithm is adopted. Such a load sharing algorithm does not only increase the performance of the system with better dynamic performance and improved power density but also enhances the main energy sources lifetime”). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cox (US-20220250480) teaches systems and methods for operating an electric power distribution bus of an electric or hybrid vehicle. Ambrosio (US-9731609) teaches a power sharing system for electric motors and drives shares power between multiple power sources. Toth (US-8417400) teaches a power manipulating device is coupled between the primary energy storage device and the secondary energy storage device that is configured to manage power between the energy sources and deliver electricity external the vehicle. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER FEES whose telephone number is (303)297-4343. The examiner can normally be reached Monday-Thursday 7:30 - 5:30 MT. 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, Aniss Chad can be reached at (571) 270-3832. 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. /CHRISTOPHER GEORGE FEES/Primary Examiner, Art Unit 3662
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Prosecution Timeline

Dec 17, 2024
Application Filed
Feb 19, 2026
Non-Final Rejection mailed — §103
May 15, 2026
Response Filed
Jul 07, 2026
Final Rejection mailed — §103
Sep 16, 2026
Interview Requested
Sep 29, 2026
Applicant Interview (Telephonic)
Sep 29, 2026
Examiner Interview Summary

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