Prosecution Insights
Last updated: July 17, 2026
Application No. 19/247,520

PREDICTED COOLING CONTROL SYSTEMS AND METHODS FOR ELECTRIC VEHICLES

Non-Final OA §DP
Filed
Jun 24, 2025
Priority
Jan 14, 2019 — nonprovisional of PCTCN2019071546 +1 more
Examiner
NING, PETER Y
Art Unit
Tech Center
Assignee
Cummins Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
1y 7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
152 granted / 183 resolved
+23.1% vs TC avg
Strong +16% interview lift
Without
With
+15.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
7 currently pending
Career history
192
Total Applications
across all art units

Statute-Specific Performance

§101
10.0%
-30.0% vs TC avg
§103
64.7%
+24.7% vs TC avg
§102
23.1%
-16.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 183 resolved cases

Office Action

§DP
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 . Status of Claims This Office Action is in response to the application filed on June 24, 2025. Claims 1-24 are pending. Claims 1, 7, 11 and 18 are independent. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/21/2026 and 06/08/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16, 18-25, and 27-28 of U.S. Patent No. US 12365267 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations in the above indicated claims of the instant application are anticipated by the respective claimed limitations in the above indicated claims of U.S. Patent No. US 12365267 B2. See the claim anticipation mapping below with all matching elements of the claim limitations appear in bold while non-matching elements of the claim limitations are not bolded. Instant Application 19/247,520 Claims 1-24 U.S. Patent No. US 12365267 B2 Claims 1-16, 18-25, and 27-28 Independent Claims: 1. A hybrid vehicle comprising: an engine; an electric motor; and a processor operatively coupled with the engine and the electric motor, the processor configured to: 1. A system for performing a cooling operation for an electric vehicle using a processor comprising: monitor one or more vehicle characteristics related to the hybrid vehicle, the one or more vehicle characteristics including look-ahead demand information of at least the electric motor of the hybrid vehicle; a vehicle monitoring unit configured to monitor one or more vehicle characteristics related to the electric vehicle, the one or more vehicle characteristics including look-ahead demand information of at least an electric motor of the electric vehicle; predict the look-ahead demand information representative of a future power demand including a predicted torque demand based on a geographical condition of a current route of the hybrid vehicle; and a cooling controller configured to: communicate with the vehicle monitoring unit, predict the look-ahead demand information representative of a future power demand including a predicted torque demand based on a geographical condition of a current route of the electric vehicle, and generate a cooling command based on the look-ahead demand information and perform a cooling operation based on the cooling command by over-cooling at least the electric motor in view of an elevation change based on the geographical condition of the current route. generate a cooling command based on the look-ahead demand information and perform the cooling operation based on the cooling command by over-cooling at least the electric motor of the electric vehicle in view of an elevation change based geographical condition of the current route. 7. A method of performing a cooling operation for a hybrid vehicle using a processor, comprising: 7. A method of performing a cooling operation for an electric vehicle using a processor, comprising: monitoring one or more vehicle characteristics related to the hybrid vehicle, the one or more vehicle characteristics including look-ahead demand information of at least an electric motor of the hybrid vehicle; monitoring one or more vehicle characteristics related to the electric vehicle, the one or more vehicle characteristics including look-ahead demand information of at least an electric motor of the electric vehicle; determining the look-ahead demand information representative of a future power demand including a predicted torque demand based on a geographical condition of a current route of the hybrid vehicle; determining the look-ahead demand information representative of a future power demand including a predicted torque demand based on a geographical condition of a current route of the electric vehicle; generating a cooling command using the look-ahead demand information; and generating a cooling command using the look-ahead demand information; and performing the cooling operation using the cooling command by over-cooling at least the electric motor of the hybrid vehicle in view of an elevation change based on the geographical condition of the current route. performing the cooling operation using the cooling command by over-cooling at least the electric motor of the electric vehicle in view of an elevation change based on the geographical condition of the current route. 11. A hybrid vehicle comprising: an engine; an electric motor; and a processor operatively coupled with the engine and the electric motor, the processor configured to: 11. A system for performing a cooling operation for an electric vehicle using a processor, comprising: generate predicted thermal information using look-ahead demand information representative of a future power demand including a predicted torque demand based on a geographical condition of a current route of the hybrid vehicle; a predicted power unit configured to generate predicted thermal information using look-ahead demand information representative of a future power demand including a predicted torque demand based on a geographical condition of a current route of the electric vehicle; generate a control signal using the predicted thermal information and a thermal feedback signal; and an electrification thermal management (ETM) unit configured to receive the predicted thermal information from the predicted power unit and generate a control signal using the predicted thermal information and a thermal feedback signal; and perform a cooling operation on at least the electric motor using the control signal in view of an elevation change based on the geographical condition of the current route. an ETM control unit configured to receive the control signal from the ETM unit and perform the cooling operation on at least an electric motor of the electric vehicle using the control signal in view of an elevation change based on the geographical condition of the current route. 18. A method of performing a cooling operation for a hybrid vehicle using a processor, comprising: 20. A method of performing a cooling operation for an electric vehicle using a processor, comprising: generating predicted thermal information using look-ahead demand information representative of a future power demand including a predicted torque demand based on a geographical condition of a current route of the hybrid vehicle; generating predicted thermal information using look-ahead demand information representative of a future power demand including a predicted torque demand based on a geographical condition of a current route of the electric vehicle; generating a control signal using the predicted thermal information and a thermal feedback signal; and generating a control signal using the predicted thermal information and a thermal feedback signal; and performing the cooling operation on at least an electric motor of the hybrid vehicle using the control signal in view of an elevation change based on the geographical condition of the current route. performing the cooling operation on at least an electric motor of the electric vehicle using the control signal in view of an elevation change based on the geographical condition of the current route. Dependent Claims: 2. The hybrid vehicle of claim 1, further comprising at least one electric device, wherein the over-cooling is performed using the cooling command that includes data representative of a target cooling temperature of the at least one electric device, the target cooling temperature being set lower than a nominal temperature of the at least one electric device. 2. The system of claim 1, wherein the over-cooling is performed using the cooling command that includes data representative of a target cooling temperature of at least one electric device of the electric vehicle, the target cooling temperature being set lower than a nominal temperature of the at least one electric device. 3. The hybrid vehicle of claim 2, wherein the processor is configured to calculate the future power demand based on a current power demand of the hybrid vehicle and at least one of: navigational information, thermal information, and environment information. 3. The system of claim 1, wherein the cooling controller is configured to calculate the future power demand based on a current power demand of the electric vehicle and at least one of: navigational information, thermal information, and environment information. 4. The hybrid vehicle of claim 3, wherein the processor is configured to determine the thermal information associated with the hybrid vehicle based on a temperature of the at least one electric device of the hybrid vehicle. 4. The system of claim 3, wherein the cooling controller is configured to determine the thermal information associated with the electric vehicle based on a temperature of at least one electric device of the electric vehicle. 5. The hybrid vehicle of claim 3, wherein the processor is configured to determine the navigational information associated with the hybrid vehicle using information received from a positioning system. 5. The system of claim 3, wherein the cooling controller is configured to determine the navigational information associated with the electric vehicle using information received from a positioning system. 6. The hybrid vehicle of claim 3, wherein the processor is configured to determine the environment information associated with the hybrid vehicle using mapping information. 6. The system of claim 3, wherein the cooling controller is configured to determine the environment information associated with the electric vehicle using mapping information. 8. The method of claim 7, further comprising: including, in the cooling command, data representative of a target cooling temperature of at least one electric device of the hybrid vehicle for performing the over- cooling; and setting the target cooling temperature lower than a nominal temperature of the at least one electric device. 8. The method of claim 7, further comprising: including, in the cooling command, data representative of a target cooling temperature of at least one electric device of the electric vehicle for performing the over-cooling; and setting the target cooling temperature lower than a nominal temperature of the at least one electric device. 9. The method of claim 7, further comprising calculating the future power demand based on a current power demand of the hybrid vehicle and at least one of: navigational information, thermal information, and environment information. 9. The method of claim 7, further comprising calculating the future power demand based on a current power demand of the electric vehicle and at least one of: navigational information, thermal information, and environment information. 10. The method of claim 9, further comprising: determining the thermal information associated with the hybrid vehicle using a temperature of at least one electric device of the hybrid vehicle; determining the navigational information associated with the hybrid vehicle using information received from a positioning system; and determining the environment information associated with the hybrid vehicle using mapping information. 10. The method of claim 9, further comprising: determining the thermal information associated with the electric vehicle using a temperature of at least one electric device of the electric vehicle; determining the navigational information associated with the electric vehicle using information received from a positioning system; and determining the environment information associated with the electric vehicle using mapping information. 12. The hybrid vehicle of claim 11, wherein the predicted thermal information includes at least one of: a predicted engine power signal of the engine of the hybrid vehicle and a predicted electrified power signal of the electric motor of the hybrid vehicle. 12. The system of claim 11, wherein the predicted thermal information includes at least one of: a predicted engine power signal of the electric vehicle and a predicted electrified power signal of the electric vehicle. 13. The hybrid vehicle of claim 12, wherein the predicted engine power signal includes information about a future engine power demand needed by the hybrid vehicle using at least one of: navigational information, thermal information, and environment information. 13. The system of claim 12, wherein the predicted engine power signal includes information about a future engine power demand needed by the electric vehicle using at least one of: navigational information, thermal information, and environment information. 14. The hybrid vehicle of claim 12, wherein the predicted electrified power signal includes information about a future electrified power demand needed by the hybrid vehicle using at least one of: navigational information, thermal information, and environment information. 14. The system of claim 12, wherein the predicted electrified power signal includes information about a future electrified power demand needed by the electric vehicle using at least one of: navigational information, thermal information, and environment information. 15. The hybrid vehicle of claim 11, wherein the processor is further configured to generate the thermal feedback signal including data representative of thermal information of at least the electric motor of the hybrid vehicle. 15. The system of claim 11, further comprising an electrification component monitoring unit configured to generate the thermal feedback signal including data representative of thermal information of at least the electric motor of the electric vehicle. 16. The hybrid vehicle of claim 15, wherein the data is representative of a condition whether a current temperature of a corresponding component of the hybrid vehicle is equal to a target cooling temperature. 16. The system of claim 15, wherein the data is representative of a condition whether a current temperature of a corresponding component of the electric vehicle is equal to a target cooling temperature. 17. The hybrid vehicle of claim 16, wherein the processor is further configured to: assess an efficiency of the cooling operation by collecting status information relating to at least the electric motor of the hybrid vehicle; and 18. The system of claim 17, wherein the electrification component monitoring unit responds to the status request signal by collecting status information relating to at least the electric motor of the electric vehicle to assess an efficiency of the cooling operation. generate the thermal feedback signal using the status information. 19. The system of claim 18, wherein the electrification component monitoring unit is configured to generate the thermal feedback signal using the status information. 19. The method of claim 18, further comprising including, in the predicted thermal information, at least one of: a predicted engine power signal of the hybrid vehicle and a predicted electrified power signal of the hybrid vehicle. 21. The method of claim 20, further comprising including, in the predicted thermal information, at least one of: a predicted engine power signal of the electric vehicle and a predicted electrified power signal of the electric vehicle. 20. The method of claim 19, further comprising including, in the predicted engine power signal, information about a future engine power demand needed by the hybrid vehicle using at least one of: navigational information, thermal information, and environment information. 22. The method of claim 21, further comprising including, in the predicted engine power signal, information about a future engine power demand needed by the electric vehicle using at least one of: navigational information, thermal information, and environment information. 21. The method of claim 19, further comprising including, in the predicted electrified power signal, information about a future electrified power demand needed by the hybrid vehicle using at least one of: navigational information, thermal information, and environment information. 23. The method of claim 21, further comprising including, in the predicted electrified power signal, information about a future electrified power demand needed by the electric vehicle using at least one of: navigational information, thermal information, and environment information. 22. The method of claim 18, further comprising generating the thermal feedback signal using data representative of thermal information of at least the electric motor of the hybrid vehicle. 24. The method of claim 20, further comprising generating the thermal feedback signal using data representative of thermal information of at least the electric motor of the electric vehicle. 23. The method of claim 18, further comprising comparing a current temperature of a corresponding component of the hybrid vehicle with a target cooling temperature. 25. The method of claim 20, further comprising comparing a current temperature of a corresponding component of the electric vehicle with a target cooling temperature. 24. The method of claim 18, further comprising: collecting status information relating to at least the electric motor of the hybrid vehicle to assess an efficiency of the cooling operation; and 27. The method of claim 26, further comprising responding to the status request signal by collecting status information relating to at least the electric motor of the electric vehicle to assess an efficiency of the cooling operation. generating the thermal feedback signal using the status information. 28. The method of claim 27, further comprising generating the thermal feedback signal using the status information. Although the claims at issue are not identical, they are not patentably distinct from each other because both inventions are directed to methods and systems for performing cooling operation of the electric motor on vehicles . The difference between the claims at issue is that in US 12365267 B2, the vehicle is an electric vehicle instead of a hybrid vehicle such that these two differences can be interpreted as minor differences in scope but still an obvious variant. As such a double patenting rejection is warranted here. Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached form PTO-892. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER NING whose telephone number is (408) 918-7664. The examiner can normally be reached Monday - Thursday and alternate Fridays, 7:30-4:30 PT. 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, Peter D. Nolan can be reached at (571) 270-7016. 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. /P.Y.N./Examiner, Art Unit 3661 June 25, 2026 /PETER D NOLAN/Supervisory Patent Examiner, Art Unit 3661
Read full office action

Prosecution Timeline

Jun 24, 2025
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §DP (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
99%
With Interview (+15.8%)
2y 7m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 183 resolved cases by this examiner. Grant probability derived from career allowance rate.

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