Prosecution Insights
Last updated: April 19, 2026
Application No. 19/207,317

SYSTEMS AND METHODS FOR CONTROLLING EXHAUST GAS EMISSIONS OF A MULTIPLE SCR AFTERTREATMENT SYSTEM

Non-Final OA §102
Filed
May 13, 2025
Examiner
SINGH, DAPINDER
Art Unit
3746
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
CUMMINS INC.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
715 granted / 869 resolved
+12.3% vs TC avg
Strong +19% interview lift
Without
With
+18.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
25 currently pending
Career history
894
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
35.6%
-4.4% vs TC avg
§102
36.2%
-3.8% vs TC avg
§112
20.5%
-19.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 869 resolved cases

Office Action

§102
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 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) 1-9, 13-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0025803 to Webb et al (Webb). Regarding claim 1, Webb discloses an exhaust aftertreatment system, comprising: a first selective catalyst reduction (SCR) system (116, fig. 1); a second SCR system (126, fig. 1) disposed downstream from the first SCR system; a heater (112, fig. 1; [29]) disposed upstream from at least one of the first SCR system ([25]) or the second SCR system ([29]); and a controller (ECU; [51]) coupled to the first and second SCR systems, the heater, and an engine, wherein the controller is configured to: receive data indicative of a temperature of the first SCR system ([51]); receive data indicative of a temperature of the second SCR system ([51]); determine, based on the data indicative of the first SCR system and the second SCR system, a thermal management mode ([54]; desired optimal rate of DEF injection based on SCR 126 temperature and stored data which includes SCR 116 temperature; [41]-[45]); and command an activation of the heater based on the determined thermal management mode ([54]). Regarding claim 2, Webb discloses the exhaust aftertreatment system of claim 1, wherein the first SCR system is coupled to a first reductant doser (110, fig. 1), the second SCR system is coupled to a second reductant doser (124, fig. 1), and the controller is coupled to the first reductant doser and the second reductant doser ([51]). Regarding claim 3, Webb discloses the exhaust aftertreatment system of claim 1, wherein the controller is configured to: command an activation of the engine to increase a temperature of at least one of the first SCR system or the second SCR system based on the determined thermal management mode ([54]-[55]; DEF injection and heater activation to raise temperatures of SCR 116 and SCR 126). Regarding claim 4, Webb discloses the exhaust aftertreatment system of claim 1, wherein to determine the thermal management mode, the controller is configured to at least one of: compare the temperature of the first SCR system to a first threshold; or compare the temperature of the second SCR system to a second threshold (cold start temperatures of SCRs temperatures and compared to threshold; [50]). Regarding claim 5, Webb discloses the exhaust aftertreatment system of claim 4, wherein the controller is configured to: deactivate the determined thermal management mode based on the temperature of the first SCR system and the temperature of the second SCR system satisfying the first threshold and the second threshold, respectively ([50]). Regarding claim 6, Webb discloses the exhaust aftertreatment system of claim 4, wherein the thermal management mode comprises a first thermal management mode and a second thermal management mode (turning on the DEF injections and heater is one thermal mode and turning off the injections and heater is the second thermal mode; [45]-[54]), and wherein the controller is configured to: receive data indicative of a reductant storage of the second SCR system (Ammonia to NOx ratio (ANR) of SCRs, [43]); one of ordinary skill in the art would recognize that ANR directly corresponds to the amount of storage in the SCRs. For example, if ANR is very low, then the SCR is depleted of ammonia and if ANR is high, then SCR is full and slipping ammonia); and determine the first thermal management mode based on: the temperature of the second SCR system not satisfying the second threshold (cold start; [35] and [54]; desired optimal rate of DEF injection based on SCR 126 temperature and stored data which includes SCR 116 temperature; [41]-[45]), and the reductant storage satisfying a third threshold ([47]; using NOx sensor to determine ANR. Threshold is 100% or less of the ANR required is not reached; [48]-[50]). Regarding claim 7, Webb discloses the exhaust aftertreatment system of claim 6, wherein responsive to determining the first thermal management mode, the controller is configured to: command the activation of the heater to increase or substantially maintain the temperature of the first SCR system at a predefined temperature ([50]; until second SCR reaches an upper temperature threshold). Regarding claim 8, Webb discloses the exhaust aftertreatment system of claim 4, wherein the thermal management mode comprises a first thermal management mode and a second thermal management mode(turning on the DEF injections and heater is one thermal mode and turning off the injections and heater is the second thermal mode; [45]-[54]), and wherein the controller is configured to: receive data indicative of a reductant storage of the second SCR system (Ammonia to NOx ratio (ANR) of SCRs, [43]); one of ordinary skill in the art would recognize that ANR directly corresponds to the amount of storage in the SCRs. For example, if ANR is very low, then the SCR is depleted of ammonia and if ANR is high, then SCR is full and slipping ammonia); and determine the second thermal management mode based on the temperature of the second SCR system not satisfying the second threshold (cold start; [35] and [54]; desired optimal rate of DEF injection based on SCR 126 temperature and stored data which includes SCR 116 temperature; [41]-[45]) and one of:(i) the temperature of the first SCR system not satisfying the first threshold, or (ii) the reductant storage not satisfying a third threshold ([47]; using NOx sensor to determine ANR. Threshold is 100% or less of the ANR required is not reached; [48]-[50]). Regarding claim 9, Webb discloses the exhaust aftertreatment system of claim 8, wherein responsive to determining the second thermal management mode, the controller is configured to: command the activation of the heater to increase or substantially maintain the temperature of the first SCR system and the temperature of the second SCR system at a predefined temperature ([47]-[50]). Regarding claim 13, Webb discloses the exhaust aftertreatment system of claim 4, wherein the first threshold is same as the second threshold or wherein the first threshold is different from the second threshold (the claim does not seem to add any limitation. There can only be two outcomes when it comes to the two claimed thresholds. They can be the same or they can be different. As such, there is no real limitation claimed. The thresholds of Webb will either be the same or different.) Regarding claim 14, Webb discloses an apparatus, comprising: one or more processors (ECU; [51]); and one or more memory devices coupled to the one or more processors, the one or more memory devices storing instructions that, when executed by the one or more processors, cause the one or more processors to: receive data indicative of a temperature of a first selective catalyst reduction (SCR) system of an aftertreatment system; receive data indicative of a temperature of a second SCR system of the aftertreatment system ([51]); determine, based on the data indicative of the first SCR system and the second SCR system, a thermal management mode ([54]; desired optimal rate of DEF injection based on SCR 126 temperature and stored data which includes SCR 116 temperature; [41]-[45]); and command an activation of a heater disposed upstream from at least one of the first SCR system or the second SCR system based on the determined thermal management mode ([50]-[54]). Regarding claim 15, Webb discloses the apparatus of claim 14, wherein the second SCR system is disposed downstream from the first SCR system (fig. 1). Regarding claim 16, Webb discloses the apparatus of claim 14, wherein the instructions, when executed by the one or more processors, further cause the one or more processors to: command an activation of an engine to increase a temperature of at least one of the first SCR system or the second SCR system based on the thermal management mode (engine on during cold start; [46]). Regarding claim 17, Webb discloses the apparatus of claim 16, wherein to determine the thermal management mode, the instructions, when executed by the one or more processors, cause the one or more processors to: compare the temperature of the first SCR system to a first threshold; or compare the temperature of the second SCR system to a second threshold [45]-[54]). Regarding claim 18, Webb discloses a method, comprising: receiving, by a controller, data indicative of a temperature of a first selective catalyst reduction (SCR) system of an aftertreatment system ([51]); receiving, by the controller, data indicative of a temperature of a second SCR system of the aftertreatment system ([51]); determining, by the controller, based on the data indicative of the first SCR system and the second SCR system, a thermal management mode ([54]; desired optimal rate of DEF injection based on SCR 126 temperature and stored data which includes SCR 116 temperature; [41]-[45]); and commanding, by the controller, an activation of a heater disposed upstream from at least one of the first SCR system or the second SCR system based on the determined thermal management mode ([45]-[54]). Regarding claim 19, Webb discloses the method of claim 18, wherein determining the thermal management mode comprises at least one of: comparing, by the controller, the temperature of the first SCR system to a first threshold; or comparing, by the controller, the temperature of the second SCR system to a second threshold ([45]-[54]). Regarding claim 20, Webb discloses the method of claim 19, wherein the thermal management comprises a first thermal management mode and a second thermal management mode turning on the DEF injections and heater is one thermal mode and turning off the injections and heater is the second thermal mode; [45]-[54]), and wherein the method further comprises: receiving, by the controller, data indicative of a reductant storage of the second SCR system (Ammonia to NOx ratio (ANR) of SCRs, [43]); one of ordinary skill in the art would recognize that ANR directly corresponds to the amount of storage in the SCRs. For example, if ANR is very low, then the SCR is depleted of ammonia and if ANR is high, then SCR is full and slipping ammonia); and one of (a) or (b) comprising:(a) determining the first thermal management mode based on: (i) the temperature of the second SCR system not satisfying the second threshold (cold start; [35] and [54]; desired optimal rate of DEF injection based on SCR 126 temperature and stored data which includes SCR 116 temperature; [41]-[45]) and (ii) the reductant storage satisfying a third threshold ([47]; using NOx sensor to determine ANR. Threshold is 100% or less of the ANR required is not reached; [48]-[50]).; and commanding, responsive to determining the first thermal management mode, the activation of the heater to increase or substantially maintain the temperature of the first SCR system at a predefined temperature ([45]-[54]); or (b) determining the second thermal management mode based on the temperature of the second SCR system not satisfying the second threshold and one of: (i) the temperature of the first SCR system not satisfying the first threshold or (ii) the reductant storage not satisfying a third threshold; and commanding, responsive to determining the second thermal management mode, the activation of the heater to increase or substantially maintain the temperature of the first SCR system and the temperature of the second SCR system at a predefined temperature. Allowable Subject Matter Claim 10-12 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. US 2015/0275730 to Gupta et al. US 2022/0025800 to Swart et al. US 8,701,388 to Gonze All references above describe general state of art. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAPINDER SINGH whose telephone number is (571)270-1774. The examiner can normally be reached Monday to Friday from 8:00 AM to 5:30 PM. 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, Mark Laurenzi can be reached at (571) 270-7878. 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. /DAPINDER SINGH/Primary Examiner, Art Unit 3746
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Prosecution Timeline

May 13, 2025
Application Filed
Mar 05, 2026
Non-Final Rejection — §102 (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
82%
Grant Probability
99%
With Interview (+18.9%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 869 resolved cases by this examiner. Grant probability derived from career allow rate.

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