IP Library › Granted Patent US 12,728,807
Granted Patent B2
US 12,728,807 · App. 18/501,149 · Granted Sep 8, 2026

Electrified fire fighting vehicle

Inventor: Eric Linsmeier (Larson, WI)
Assignee: Oshkosh Corporation
B60R16/033A62C27/00B60K1/04B60K6/28B60L1/10B60L7/18B60L50/60B60L50/66B60R16/0207B60R16/0215B60R16/0238B60W20/13B60W20/40B62D21/157B62D65/04E06C5/04H01M10/613H01M10/625H01M50/244H01M50/249H01M50/271H01M50/298A62C11/00B60K2001/0405B60K2001/0438B60L3/0007B60L7/10B60L2200/40B60R16/02E06C9/00H01M2200/00H01M2220/20
View Patent ↗
Loading inventors, assignments & file history…
Monitor This Case
Get email alerts when status or documents change.
Order Certified Copies
Most orders are placed with the USPTO same day — all within 24 business hours.
Order via The Patent Place →
Pre-filled with this patent's details
Quick Facts
Patent No.
US 12,728,807
App. No.
18/501,149
Granted
Sep 8, 2026
Kind
B2
Abstract

An electrified fire fighting vehicle includes a chassis, a cab coupled to the chassis, a body coupled to the chassis rearward of the cab, an axle coupled to the chassis, a battery pack having a maximum capacity, a driveline coupled to the axle, and a controller. The driveline includes an electric motor coupled to the battery pack. The controller is configured to prevent charging the battery pack beyond a charge threshold to maintain an amount of storage capacity between the charge threshold and the maximum capacity to accommodate energy generated during one or more regenerative braking events and permit charging the battery pack beyond the charge threshold up to an overcharge threshold in response to receiving an override command or a certain mode selection. The overcharge threshold is greater than the charge threshold but less than the maximum capacity.

Claims (69)

1 . An electrified fire fighting vehicle comprising:

a chassis;

a cab coupled to the chassis;

a body coupled to the chassis rearward of the cab;

an axle coupled to the chassis;

a battery pack having a maximum capacity;

a driveline coupled to the axle, the driveline including an engine and an electric motor coupled to the battery pack;

a pump system; and

a controller configured to:

operate driveline in an electric mode with the engine off where the electric motor drives the axle to provide a first performance condition;

monitor a state of charge of the battery pack;

provide an indication to an operator of the electrified fire fighting vehicle that the state of charge is at a first, higher threshold;

in response to the indication, (a) receive a first input from the operator to maintain the first performance condition or (b) receive a second input from the operator to continue operation in the electric mode;

start the engine in response to the first input to maintain the first performance condition and the state of charge;

de-rate operation of the electric motor in response to the second input to provide a second performance condition;

start the engine in response to the state of charge being at a second, lower threshold;

prevent charging the battery pack using a mains power source beyond a charge threshold to maintain an amount of storage capacity between the charge threshold and the maximum capacity;

permit charging the battery pack beyond the charge threshold using energy generated during one or more regenerative braking events; and

permit charging the battery pack beyond the charge threshold up to an overcharge threshold in response to receiving a certain mode selection corresponding with a pump charge mode;

wherein the second performance condition is lower than the first performance condition;

wherein the second performance condition is at least a minimum performance condition for at least one of acceleration or top speed;

wherein the overcharge threshold is greater than the charge threshold but less than the maximum capacity; and

wherein the overcharge threshold is sufficient for the battery pack to supply energy to perform a pump test on the pump system.

2 . The electrified fire fighting vehicle of claim 1 , wherein the second performance condition is at least the minimum performance condition for acceleration and top speed.

3 . The electrified fire fighting vehicle of claim 1 , wherein the second performance condition is greater than the minimum performance condition for acceleration.

4 . The electrified fire fighting vehicle of claim 1 , wherein the second performance condition is greater than the minimum performance condition for top speed.

5 . The electrified fire fighting vehicle of claim 1 , wherein the second performance condition is greater than the minimum performance condition for acceleration and top speed.

6 . The electrified fire fighting vehicle of claim 1 , wherein the controller is configured to prevent operating at the second performance condition if the electrified fire fighting vehicle is actively responding to a scene.

7 . The electrified fire fighting vehicle of claim 6 , wherein the controller is configured to refrain from providing the indication if the electrified fire fighting vehicle is actively responding to the scene.

8 . An electrified fire fighting vehicle comprising:

a chassis;

a cab coupled to the chassis;

a body coupled to the chassis rearward of the cab;

an axle coupled to the chassis;

a battery pack having a maximum capacity;

a driveline coupled to the axle, the driveline including an electric motor coupled to the battery pack;

a pump system; and

a controller configured to:

prevent charging the battery pack using a mains power source beyond a charge threshold to maintain an amount of storage capacity between the charge threshold and the maximum capacity;

permit charging the battery pack beyond the charge threshold using energy generated during one or more regenerative braking events; and

permit charging the battery pack beyond the charge threshold up to an overcharge threshold in response to receiving a certain mode selection corresponding with a pump charge mode;

wherein the overcharge threshold is greater than the charge threshold but less than the maximum capacity; and

wherein the overcharge threshold is sufficient for the battery pack to supply energy to perform a pump test on the pump system.

9 . The electrified fire fighting vehicle of claim 8 , wherein the driveline includes an engine, and wherein the controller is configured to:

operate driveline in an electric mode with the engine off where the electric motor drives the axle to provide a first performance condition;

monitor a state of charge of the battery pack;

provide an indication that the state of charge is at a discharge threshold;

in response to the indication, (a) receive a first input to maintain the first performance condition or (b) receive a second input to continue operation in the electric mode;

start the engine in response to the first input to maintain the first performance condition and the state of charge; and

de-rate operation of the electric motor in response to the second input to provide a second performance condition, wherein the second performance condition is lower than the first performance condition.

10 . The electrified fire fighting vehicle of claim 9 , wherein the second performance condition is at least a minimum performance condition for at least one of acceleration or top speed.

11 . The electrified fire fighting vehicle of claim 10 , wherein the second performance condition is at least the minimum performance condition for acceleration and top speed.

12 . The electrified fire fighting vehicle of claim 11 , wherein the second performance condition is greater than the minimum performance condition for at least one of acceleration or top speed.

13 . The electrified fire fighting vehicle of claim 12 , wherein the second performance condition is greater than the minimum performance condition for acceleration and top speed.

14 . The electrified fire fighting vehicle of claim 9 , wherein the discharge threshold is a first, higher discharge threshold, and wherein the controller is configured to start the engine in response to the state of charge being at a second, lower discharge threshold.

15 . The electrified fire fighting vehicle of claim 9 , wherein the controller is configured to at least one of:

prevent operating at the second performance condition if the electrified fire fighting vehicle is actively responding to a scene; or

refrain from providing the indication if the electrified fire fighting vehicle is actively responding to the scene.

16 . The electrified fire fighting vehicle of claim 8 , wherein the controller is configured to permit charging the battery pack beyond the charge threshold up to the overcharge threshold in response to determining that the electrified fire fighting vehicle is operating in a flat-terrain condition in which less storage capacity is to be dedicated to accepting energy from the one or more regenerative braking events, and wherein the controller determines the flat-terrain condition based on at least one of:

a location of the electrified fire fighting vehicle obtained from a global positioning system; or

receiving the certain mode selection corresponding with a flat-terrain mode.

17 . An electrified fire fighting vehicle comprising:

an axle;

a battery pack having a maximum capacity;

a driveline coupled to the axle, the driveline including an engine and an electric motor coupled to the battery pack;

a pump system; and

a controller configured to:

prevent charging the battery pack beyond a charge threshold to maintain an amount of storage capacity between the charge threshold and the maximum capacity to accommodate energy generated during one or more regenerative braking events; and

permit charging the battery pack beyond the charge threshold up to an overcharge threshold in response to receiving a certain mode selection corresponding with a pump charge mode, wherein the overcharge threshold is greater than the charge threshold but less than the maximum capacity, and wherein the overcharge threshold is sufficient for the battery pack to supply energy to perform a pump test on the pump system.

Assignments (1)
ASSIGNMENT OF ASSIGNOR'S INTEREST Recorded Nov 14, 2024
From: LINSMEIER, ERIC
To: OSHKOSH CORPORATION
Reel/Frame 069261/0828 →
Continuity (15)
Provisional Application 63460953 · Apr 21, 2023
Provisional Application 63497578 · Apr 21, 2023
Provisional Application 63497575 · Apr 21, 2023
Provisional Application 63460958 · Apr 21, 2023
Provisional Application 63497588 · Apr 21, 2023
Provisional Application 63460462 · Apr 19, 2023
Provisional Application 63460511 · Apr 19, 2023
Provisional Application 63449836 · Mar 3, 2023
Provisional Application 63422718 · Nov 4, 2022
Provisional Application 63422751 · Nov 4, 2022
Provisional Application 63422773 · Nov 4, 2022
Provisional Application 63422788 · Nov 4, 2022
Provisional Application 63422760 · Nov 4, 2022
Provisional Application 63422833 · Nov 4, 2022
Related Publication 20240149086A1 · May 9, 2024
References Cited (219)
US 1217702A · George · 1917 [cited by applicant]
US 1953390A · Charles · 1934 [cited by applicant]
US 3346052A · Moore et al. · 1967 [cited by applicant]
US 3605943A · Beaudet et al. · 1971 [cited by applicant]
US 3675721A · Davidson et al. · 1972 [cited by applicant]
US 3789869A · Morris · 1974 [cited by applicant]
US 4317504A · Artaud et al. · 1982 [cited by applicant]
US 4970351A · Kirlin · 1990 [cited by applicant]
US 5392873A · Masuyama et al. · 1995 [cited by applicant]
US 6092911A · Baker et al. · 2000 [cited by applicant]
US 6094927A · Anazawa et al. · 2000 [cited by applicant]
US 6127805A · Kikuchi · 2000 [cited by examiner]
US 6229446B1 · Lloyd-Jones et al. · 2001 [cited by applicant]
US 6411063B1 · Kouzu et al. · 2002 [cited by applicant]
US 6583599B1 · Phillips et al. · 2003 [cited by applicant]
US 7661370B2 · Pike et al. · 2010 [cited by applicant]
US 8862296B2 · Kurakawa et al. · 2014 [cited by applicant]
US 8925640B2 · Mccoige · 2015 [cited by applicant]
US 9327600B1 · Nehmeh · 2016 [cited by applicant]
US 9460862B2 · Kobayashi et al. · 2016 [cited by applicant]
US 9515359B2 · Taniyama et al. · 2016 [cited by applicant]
US 9523237B2 · Lauterjung et al. · 2016 [cited by applicant]
US 10020470B2 · Ito et al. · 2018 [cited by applicant]
US 10086705B2 · Chow · 2018 [cited by applicant]
US 10112488B2 · Kobayashi · 2018 [cited by applicant]
US 10456610B1 · Betz et al. · 2019 [cited by applicant]
US 10573863B2 · Sweazey et al. · 2020 [cited by applicant]
US 10756401B2 · Inoue et al. · 2020 [cited by applicant]
US 11345331B2 · Mckibben et al. · 2022 [cited by applicant]
US 12154705B2 · Maruchi · 2024 [cited by applicant]
US 20030230412A1 · Archer · 2003 [cited by applicant]
US 20030230863A1 · Archer · 2003 [cited by applicant]
US 20040002794A1 · Pillar et al. · 2004 [cited by applicant]
US 20040039510A1 · Archer et al. · 2004 [cited by applicant]
US 20040199302A1 · Pillar et al. · 2004 [cited by applicant]
US 20050001400A1 · Archer et al. · 2005 [cited by applicant]
US 20050199402A1 · Moses · 2005 [cited by applicant]
US 20050234622A1 · Pillar et al. · 2005 [cited by applicant]
US 20050264427A1 · Zeng et al. · 2005 [cited by applicant]
US 20060021764A1 · Archer et al. · 2006 [cited by applicant]
US 20060022001A1 · Linsmeier et al. · 2006 [cited by applicant]
US 20060032701A1 · Linsmeier et al. · 2006 [cited by applicant]
US 20060032702A1 · Linsmeier et al. · 2006 [cited by applicant]
US 20060037760A1 · Froland et al. · 2006 [cited by applicant]
US 20060065411A1 · Linsmeier et al. · 2006 [cited by applicant]
US 20060071466A1 · Rowe et al. · 2006 [cited by applicant]
US 20060086566A1 · Linsmeier et al. · 2006 [cited by applicant]
US 20060180322A1 · Archer et al. · 2006 [cited by applicant]
US 20070151782A1 · Buglione et al. · 2007 [cited by applicant]
US 20080114513A1 · Pillar et al. · 2008 [cited by applicant]
US 20090033044A1 · Linsmeier · 2009 [cited by applicant]
US 20090129044A1 · Tsuchiya et al. · 2009 [cited by applicant]
US 20090167078A1 · Watanabe · 2009 [cited by applicant]
US 20090242298A1 · Guss et al. · 2009 [cited by applicant]
US 20100138089A1 · James · 2010 [cited by examiner]
US 20110068622A1 · Ikeno et al. · 2011 [cited by applicant]
US 20110256431A1 · Tenhouten et al. · 2011 [cited by applicant]
US 20110259614A1 · Ver Steeg et al. · 2011 [cited by applicant]
US 20120056474A1 · Larson et al. · 2012 [cited by applicant]
US 20120193109A1 · Moore et al. · 2012 [cited by applicant]
US 20120235471A1 · Tanahashi et al. · 2012 [cited by applicant]
US 20130096744A1 · Sah · 2013 [cited by examiner]
US 20130206496A1 · Hashimoto · 2013 [cited by applicant]
US 20140012450A1 · Laing · 2014 [cited by examiner]
US 20140042806A1 · Gless · 2014 [cited by applicant]
US 20140246265A1 · Archer et al. · 2014 [cited by applicant]
US 20140262355A1 · Linsmeier · 2014 [cited by applicant]
US 20140306563A1 · Oyama et al. · 2014 [cited by applicant]
US 20150061594A1 · Anders et al. · 2015 [cited by applicant]
US 20150084412A1 · Matano et al. · 2015 [cited by applicant]
US 20150114711A1 · Dew et al. · 2015 [cited by applicant]
US 20150217707A1 · Tanigaki et al. · 2015 [cited by applicant]
US 20150239474A1 · Nakamura · 2015 [cited by applicant]
US 20150246649A1 · Brunbauer · 2015 [cited by applicant]
US 20150330146A1 · Kraemer · 2015 [cited by applicant]
US 20150345220A1 · Speck et al. · 2015 [cited by applicant]
US 20160023652A1 · Soo · 2016 [cited by examiner]
US 20160144211A1 · Betz et al. · 2016 [cited by applicant]
US 20160145941A1 · Betz et al. · 2016 [cited by applicant]
US 20160176306A1 · Outwater · 2016 [cited by examiner]
US 20160304051A1 · Archer et al. · 2016 [cited by applicant]
US 20170029034A1 · Faruque et al. · 2017 [cited by applicant]
US 20170036628A1 · Nelson et al. · 2017 [cited by applicant]
US 20170050063A1 · Shively et al. · 2017 [cited by applicant]
US 20170072813A1 · Martin et al. · 2017 [cited by applicant]
US 20170136864A1 · Ito et al. · 2017 [cited by applicant]
US 20180006545A1 · Fullmer et al. · 2018 [cited by applicant]
US 20180017611A1 · Radun et al. · 2018 [cited by applicant]
US 20180086192A1 · Ishihara et al. · 2018 [cited by applicant]
US 20180162377A1 · Colavincenzo · 2018 [cited by applicant]
US 20180201246A1 · Kashiwai · 2018 [cited by examiner]
US 20180215354A1 · Linsmeier et al. · 2018 [cited by applicant]
US 20180215597A1 · Linsmeier et al. · 2018 [cited by applicant]
US 20180221694A1 · Shively et al. · 2018 [cited by applicant]
US 20180221697A1 · Shively et al. · 2018 [cited by applicant]
US 20180222484A1 · Shively et al. · 2018 [cited by applicant]
US 20180289999A1 · Kay et al. · 2018 [cited by applicant]
US 20180293818A1 · Linsmeier et al. · 2018 [cited by applicant]
US 20180297597A1 · Linsmeier et al. · 2018 [cited by applicant]
US 20180345820A1 · Hatami · 2018 [cited by applicant]
US 20180370522A1 · Collins · 2018 [cited by examiner]
US 20180370523A1 · Geller · 2018 [cited by examiner]
US 20190015692A1 · Fieber et al. · 2019 [cited by applicant]
US 20190016219A1 · Groãÿ et al. · 2019 [cited by applicant]
US 20190054828A1 · Doi · 2019 [cited by applicant]
US 20190071190A1 · Nestel et al. · 2019 [cited by applicant]
US 20190106083A1 · Archer et al. · 2019 [cited by applicant]
US 20190157858A1 · Patel et al. · 2019 [cited by applicant]
US 20190202312A1 · Aufdencamp · 2019 [cited by applicant]
US 20190232895A1 · Yamada et al. · 2019 [cited by applicant]
US 20190262643A1 · Shively et al. · 2019 [cited by applicant]
US 20190262646A1 · Linsmeier et al. · 2019 [cited by applicant]
US 20190263408A1 · Linsmeier et al. · 2019 [cited by applicant]
US 20190359184A1 · Linsmeier et al. · 2019 [cited by applicant]
US 20190359460A1 · Linsmeier et al. · 2019 [cited by applicant]
US 20200017097A1 · Money et al. · 2020 [cited by applicant]
US 20200038700A1 · Betz et al. · 2020 [cited by applicant]
US 20200039804A1 · Betz et al. · 2020 [cited by applicant]
US 20200047013A1 · Betz et al. · 2020 [cited by applicant]
US 20200056426A1 · Betz et al. · 2020 [cited by applicant]
US 20200056735A1 · Scott · 2020 [cited by applicant]
US 20200102145A1 · Nelson et al. · 2020 [cited by applicant]
US 20200108285A1 · Kay et al. · 2020 [cited by applicant]
US 20200130653A1 · Betz et al. · 2020 [cited by applicant]
US 20200231131A1 · Archer et al. · 2020 [cited by applicant]
US 20200238115A1 · Linsmeier et al. · 2020 [cited by applicant]
US 20200262328A1 · Nelson et al. · 2020 [cited by applicant]
US 20200279444A1 · Linsmeier et al. · 2020 [cited by applicant]
US 20200348764A1 · Clifton et al. · 2020 [cited by applicant]
US 20200360752A1 · Shively et al. · 2020 [cited by applicant]
US 20210023406A1 · Shively et al. · 2021 [cited by applicant]
US 20210106856A1 · Shively et al. · 2021 [cited by applicant]
US 20210107361A1 · Linsmeier et al. · 2021 [cited by applicant]
US 20210107446A1 · Shively et al. · 2021 [cited by applicant]
US 20210107483A1 · Shively · 2021 [cited by examiner]
US 20210139237A1 · Nelson et al. · 2021 [cited by applicant]
US 20210143377A1 · Probert et al. · 2021 [cited by applicant]
US 20210178206A1 · Betz et al. · 2021 [cited by applicant]
US 20210196998A1 · Shively et al. · 2021 [cited by applicant]
US 20210206372A1 · Shively et al. · 2021 [cited by applicant]
US 20210229628A1 · Archer et al. · 2021 [cited by applicant]
US 20210244982A1 · Betz et al. · 2021 [cited by applicant]
US 20210245604A1 · Murakami · 2021 [cited by applicant]
US 20210248891A1 · Klapper · 2021 [cited by applicant]
US 20210253102A1 · Linsmeier et al. · 2021 [cited by applicant]
US 20210339065A1 · Linsmeier et al. · 2021 [cited by applicant]
US 20210362664A1 · Yang · 2021 [cited by examiner]
US 20220009761A1 · Archer et al. · 2022 [cited by applicant]
US 20220017048A1 · Betz et al. · 2022 [cited by applicant]
US 20220024425A1 · Linsmeier et al. · 2022 [cited by applicant]
US 20220063738A1 · Nelson et al. · 2022 [cited by applicant]
US 20220072736A1 · Steffens et al. · 2022 [cited by applicant]
US 20220074417A1 · Linsmeier et al. · 2022 [cited by applicant]
US 20220080944A1 · Linsmeier et al. · 2022 [cited by applicant]
US 20220097527A1 · Koga et al. · 2022 [cited by applicant]
US 20220097961A1 · Koga et al. · 2022 [cited by applicant]
US 20220097964A1 · Koga et al. · 2022 [cited by applicant]
US 20220111717A1 · Hendriks et al. · 2022 [cited by applicant]
US 20220112060A1 · Archer et al. · 2022 [cited by applicant]
US 20220112061A1 · Archer et al. · 2022 [cited by applicant]
US 20220161998A1 · Turner et al. · 2022 [cited by applicant]
US 20220169125A1 · Borghi et al. · 2022 [cited by applicant]
US 20220169126A1 · Borghi et al. · 2022 [cited by applicant]
US 20220177055A1 · Archer · 2022 [cited by applicant]
US 20220185582A1 · Koga et al. · 2022 [cited by applicant]
US 20220193473A1 · Kay et al. · 2022 [cited by applicant]
US 20220242713A1 · Betz et al. · 2022 [cited by applicant]
US 20220260193A1 · Scott · 2022 [cited by applicant]
US 20220274494A1 · Mckibben et al. · 2022 [cited by applicant]
US 20220309844A1 · Linsmeier et al. · 2022 [cited by applicant]
US 20220324643A1 · Giere et al. · 2022 [cited by applicant]
US 20220355140A1 · Linsmeier et al. · 2022 [cited by applicant]
US 20220355141A1 · Linsmeier et al. · 2022 [cited by applicant]
US 20220355142A1 · Linsmeier et al. · 2022 [cited by applicant]
US 20220355690A1 · Linsmeier et al. · 2022 [cited by applicant]
US 20220371820A1 · Nelson et al. · 2022 [cited by applicant]
US 20220379892A1 · Archer et al. · 2022 [cited by applicant]
US 20220382388A1 · Clifton et al. · 2022 [cited by applicant]
US 20230024953A1 · Shively et al. · 2023 [cited by applicant]
US 20230040276A1 · Shively et al. · 2023 [cited by applicant]
US 20230089417A1 · Koga et al. · 2023 [cited by applicant]
US 20230092133A1 · Shively et al. · 2023 [cited by applicant]
US 20230141456A1 · Archer et al. · 2023 [cited by applicant]
US 20230149754A1 · Linsmeier et al. · 2023 [cited by applicant]
US 20230150387A1 · Nakamura · 2023 [cited by examiner]
US 20230159104A1 · Archer · 2023 [cited by applicant]
US 20230163390A1 · Wassmur · 2023 [cited by applicant]
US 20230166144A1 · Linsmeier et al. · 2023 [cited by applicant]
US 20230226394A1 · Betz et al. · 2023 [cited by applicant]
US 20230227040A1 · Linsmeier et al. · 2023 [cited by applicant]
US 20230234498A1 · Linsmeier · 2023 [cited by applicant]
US 20230241968A1 · Linsmeier et al. · 2023 [cited by applicant]
US 20230249665A1 · Shively et al. · 2023 [cited by applicant]
US 20230278531A1 · Betz et al. · 2023 [cited by applicant]
US 20230294915A1 · Koga et al. · 2023 [cited by applicant]
US 20230303321A1 · Koga et al. · 2023 [cited by applicant]
US 20230315219A1 · Clifton et al. · 2023 [cited by applicant]
US 20230327277A1 · Lee et al. · 2023 [cited by applicant]
US 20230356936A1 · Giere et al. · 2023 [cited by applicant]
US 20230356941A1 · Wente et al. · 2023 [cited by applicant]
US 20230378852A1 · Holland et al. · 2023 [cited by applicant]
US 20230398387A1 · Laskaris · 2023 [cited by applicant]
US 20230415725A1 · Shively et al. · 2023 [cited by applicant]
US 20230416065A1 · Betz et al. · 2023 [cited by applicant]
US 20240001748A1 · Vreede · 2024 [cited by applicant]
US 20240001764A1 · Koga et al. · 2024 [cited by applicant]
US 20240010078A1 · Kumagai · 2024 [cited by applicant]
US 20240149089A1 · Archer et al. · 2024 [cited by applicant]
US 20240149709A1 · Archer et al. · 2024 [cited by applicant]
US 20250214454A1 · Verhagen · 2025 [cited by applicant]
US 20250325856A1 · Kay · 2025 [cited by applicant]
CN 106730529A · 2017 [cited by applicant]
CN 109364406A · 2019 [cited by applicant]
CN 109980838A · 2019 [cited by applicant]
CN 111450453A · 2020 [cited by applicant]
CN 112140908A · 2020 [cited by applicant]
CN 212034865U · 2020 [cited by applicant]
KR 100792915B1 · 2008 [cited by applicant]
WO WO2023028636A1 · 2023 [cited by applicant]