Prosecution Insights
Last updated: July 17, 2026
Application No. 18/995,093

COMMUNICATION DEVICE AND METHOD HAVING INTEROPERABILITY FOR HYDROGEN VEHICLE FUELING

Non-Final OA §102§103
Filed
Jan 15, 2025
Priority
Jul 19, 2022 — RE 10-2022-0088882 +3 more
Examiner
NGUYEN, MINH CHAU
Art Unit
2459
Tech Center
2400 — Computer Networks
Assignee
Myongji University Industry And Academia Cooperation Foundation
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
1y 9m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
572 granted / 690 resolved
+24.9% vs TC avg
Moderate +8% lift
Without
With
+8.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
11 currently pending
Career history
702
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
69.9%
+29.9% vs TC avg
§102
15.0%
-25.0% vs TC avg
§112
0.7%
-39.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 690 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION This action is responsive to the application 18/995,093 filed on January 15, 2025. Claims 1-20 are pending. Claim Objections Claim 19 is objected to because of the following informalities: Claim 19 recites “The hydrogen fueling communication apparatus of claim 1,…”, the Examiner suggests to amend as “The hydrogen fueling communication apparatus of claim 11,…”. Appropriate corrections are required. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 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. Claim(s) 1-5, 7, 9-11-15, 17, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boisen et al. (US 2020/0276909) hereinafter “Boisen”. Claim 1 Boisen teaches a hydrogen fueling communication method performed by a dispenser [i.e. dispenser 263] supplying hydrogen fluid fuel to a hydrogen fueled mobility [i.e. hydrogen powered vehicle 202] (Boisen, figure 2C, “270”; 0002, 0004, 0025-0028), comprising: identifying a communication protocol supported by the hydrogen fueled mobility and a communication protocol supported by the dispenser based on a communication sequence performed by the hydrogen fueled mobility and information delivered by the communication sequence [i.e. a data transfer or communication process during a fueling operation is described, in accordance with various embodiments. For data transfer from vehicle 202 to station 206 (and vice-versa), it is desirable to accurately identify vehicle 202 while located in proximity of station 206. In various embodiments, receptacle 255 communicates with nozzle 270 across NFC link 230. At this point, data concerning vehicle 202 may be transferred to station 206. For example, vehicle 202 may transmit one or more of a unique vehicle identification number (VIN), authentication information, encryption information, handshake information, token information, driver and/or passenger information, vehicle diagnostic information, and/or static information concerning tanks 257. For example, the initial data from vehicle 202 may specify a list of compatible protocols, identifying addresses or identifiers (i.e., IP addresses, media access control (MAC) addresses, and/or the like), and/or networks that may be utilized for V2X link 250] (Boisen, fig. 2A-C; 0030); and determining a communication protocol to be performed between the hydrogen fueled mobility and the dispenser based on the communication protocol supported by the hydrogen fueled mobility and the communication protocol supported by the dispenser [i.e. Once initial data from vehicle 202 is provided to station 206, bidirectional links across NFC link 230 and V2X link 250 may be established. For example, the initial data from vehicle 202 may specify a list of compatible protocols, identifying addresses or identifiers (i.e., IP addresses, media access control (MAC) addresses, and/or the like), and/or networks that may be utilized for V2X link 250. Station 206 may evaluate the options for initiating and/or selecting V2X link 250 and direct communication to vehicle 202 thereby, thus the V2X link 250 is established between vehicle 202 and station 206 using the selected protocol] (Boisen, 0030). Claim 2 Boisen teaches the hydrogen fueling communication method of claim 1, wherein the information delivered by the communication sequence comprises use classification of communicated data (UCDC) that may be supported by the hydrogen fueled mobility [i.e. the vehicle 202 and the station 206 are configured to wirelessly communicate with each other over NFC link 130 within a classified areas 132/232 such as Zone 1, Zone 2, etc. that may be supported by the hydrogen fueled vehicle] (Boisen, 0024, 0037). Claim 3 Boisen teaches the hydrogen fueling communication method of claim 1, wherein the communication protocol comprises at least one detailed subordinate communication protocol, wherein the at least one detailed subordinate communication protocol corresponds to one of: bidirectional communication, unidirectional communication, or no communication [i.e. bidirectional links across NFC link 230 and V2X link 250 may be established between vehicle 202 and station 206] (Boisen, 0030, 0032). Claim 4 Boisen teaches the hydrogen fueling communication method of claim 1, wherein the information delivered by the communication sequence comprises at least one of: at least one communication protocol that the hydrogen fueled mobility can support [i.e. the station 206 evaluates the compatible protocols for selecting V2X link 250 and directs communication to vehicle 202 that indication of the selected protocol is implied/supported] or at least one hydrogen fueling protocol for supplying the hydrogen fluid fuel to the hydrogen fueled mobility that the hydrogen fueled mobility can support (Boisen, 0030, 0032). Claim 5 Boisen teaches the hydrogen fueling communication method of claim 1, wherein determining the communication protocol comprises: determining a communication protocol candidate based on the communication protocol supported by the hydrogen fueled mobility and the communication protocol supported by the dispenser [i.e. an exemplary fueling protocol may rely on the combined communication links for safety functions, such as custom fueling protocols] (Boisen, 0042); and determining the communication protocol from the communication protocol candidate based on whether the communication protocol candidate corresponds to the hydrogen fueling protocol for supplying the hydrogen fluid fuel to the hydrogen fueled mobility [i.e. there is still a communication link for sending information between vehicle 202 and station 206, thereby maintaining communication between vehicle 202 and station 206] (Boisen, 0042). Claim 7 Boisen teaches the hydrogen fueling communication method of claim 1, further comprising: determining whether a receptacle of the hydrogen fueled mobility and a nozzle of the dispenser is coupled [i.e. the vehicle identification data is communicated via the NFC link 230 which is commenced once a receptable 255 and a nozzle 270 come within proximity to one another, thus determining the nozzle 270 is connected to the receptacle 255 across the NFC link 230 from vehicle 202 to station 206 occurs] (Boisen, 0032); and receiving the information delivered by the communication sequence from the hydrogen fueled mobility in a state where the receptacle and the nozzle is coupled [i.e. during this communication, the vehicle identification information and static information about vehicle 202 hydrogen storage system and components may be provided to stations 206; and the information may be transmitted and received where the nozzle 270 and receptacle 25 are associated/coupled] (Boisen, 0032). Claim 9 Boisen teaches the hydrogen fueling communication method of claim 1, further comprising: determining whether a receptacle of the hydrogen fueled mobility and a nozzle of the dispenser is coupled [i.e. the vehicle identification data is communicated via the NFC link 230 which is commenced once a receptable 255 and a nozzle 270 come within proximity to one another, thus determining the nozzle 270 is connected to the receptacle 255 across the NFC link 230 from vehicle 202 to station 206 occurs] (Boisen, 0032); standing by to receive the communication sequence from the hydrogen fueled mobility for a predetermined time interval in a state where the receptacle and the nozzle is coupled [i.e. during this communication, the vehicle identification information and static information about vehicle 202 hydrogen storage system and components may be provided to stations 206; and the information may be transmitted and received where the nozzle 270 and receptacle 25 are associated/coupled; this information is communicated and transferred at a suitable interval] (Boisen, 0032, 0039); and identifying a communication protocol that the hydrogen fueled mobility can support based on whether the communication sequence from the hydrogen fueled mobility is received within the predetermined time interval [i.e. data concerning vehicle 202 may be transferred to station 206. For example, vehicle 202 may transmit one or more of a unique vehicle identification number (VIN), authentication information, encryption information, handshake information, token information, driver and/or passenger information, vehicle diagnostic information, and/or static information concerning tanks 257. For example, the initial data from vehicle 202 may identify a compatible protocol that may be utilized for V2X link 250 within the suitable interval] (Boisen, 0030, 0032, 0039). Claim 10 Boisen teaches the hydrogen fueling communication method of claim 1, wherein determining the communication protocol comprises: initiating a communication protocol negotiation based on a determination that a bidirectional communication is supported between the hydrogen fueled mobility and the dispenser based on the information delivered by the communication sequence; and determining the communication protocol through the communication protocol negotiation [i.e. station control module 312 determines a fueling protocol based on information received from vehicle 302 after communication channel 314 is established, e.g., via V2X link 205. Thus, this is a negotiation for a fueling protocol to be used for the hydrogen fueling of the vehicle with the dispenser] (Boisen, fig. 3B; 0030, 0040). Claims 11-15, 17, 19-20 do not teach or define any new limitation other than above claims 1-5, 7, 9-10. Therefore, claims 11-15, 17, 19-20 are rejected for similar reasons. 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 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. Claim(s) 6, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boisen as applied to claims 1, 11 above, and further in view of Lindheimer et al. (US 2022/0109746) hereinafter “Lindheimer” Claim 6 Boisen teaches the hydrogen fueling communication method of claim 1. Boisen fails to teach wherein, in determining the communication protocol, the communication protocol is determined based on at least one of: an interoperability between the dispenser and the hydrogen fueled mobility or a backward compatibility. However, in an analogous art, Lindheimer teaches in determining the communication protocol, the communication protocol is determined based on at least one of: an interoperability between the dispenser and the hydrogen fueled mobility or a backward compatibility [i.e. the one or more supported protocols includes a legacy protocol that is used as fall back when the wireless device does not support the other protocols, i.e., for backward compatibility] (Lindheimer, fig. 6, 0105, 0174, 0180-0183). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify the teachings of Boisen to include the teachings of Lindheimer of in determining the communication protocol, the communication protocol is determined based on a backward compatibility. One ordinary skill in the art would be motivated to select, by the station, a supported protocol is as a compatible protocol provide by the vehicle. Claim 16 does not teach or define any new limitation other than above claim 6. Therefore, claim 16 is rejected for similar reasons. Allowable Subject Matter Claims 8, 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure (see PTO-892). Leege et al., Pub. No. US 2020/0092379 A1, discloses a method for establishing a communication connection between an electric or hybrid vehicle and a charging station wherein a common transmission protocol for the communication between the vehicle and charging station is identified. Heinrich et al., Pub. No. US 2014/0036989 A1, discloses a method for establishing an IP-based communications connection between an electric vehicle and a charging station wherein communication is established using TCP/TLS. Mori, Pub. No. US 2019/0074528 A1, discloses a system for filling a vehicle with hydrogen gas wherein the hydrogen filling station selects a filling protocol from a set of filling protocols based on an indication received from the vehicle. Correspondence Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH CHAU N NGUYEN whose telephone number is (571)272-4242. The examiner can normally be reached on M-F 8am-4pm. 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, TONIA DOLLINGER can be reached on (571)272-4170. 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 https://ppair-my.uspto.gov/pair/PrivatePair. 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. /MINH CHAU NGUYEN/Primary Examiner, Art Unit 2459
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Prosecution Timeline

Jan 15, 2025
Application Filed
Jun 30, 2026
Non-Final Rejection mailed — §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
83%
Grant Probability
91%
With Interview (+8.4%)
3y 2m (~1y 9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 690 resolved cases by this examiner. Grant probability derived from career allowance rate.

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