Prosecution Insights
Last updated: April 19, 2026
Application No. 17/916,569

LEAN OPERATING HYBRID GASOLINE ENGINE

Final Rejection §103
Filed
Oct 01, 2022
Examiner
COOLEY, CHASE LITTLEJOHN
Art Unit
3662
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Jaguar Land Rover Limited
OA Round
2 (Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
88%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
116 granted / 173 resolved
+15.1% vs TC avg
Strong +20% interview lift
Without
With
+20.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
46 currently pending
Career history
219
Total Applications
across all art units

Statute-Specific Performance

§101
12.7%
-27.3% vs TC avg
§103
52.6%
+12.6% vs TC avg
§102
19.0%
-21.0% vs TC avg
§112
14.2%
-25.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 173 resolved cases

Office Action

§103
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 action is in response to the amendments filed on 06/27/2025, in which claims 1, 15, and 17 are amended, claim 3 is cancelled. Claims 1-2 and 4-20 are rejected. Response to Arguments The Applicant argues, with respect to the independent claims: The Office Action concedes that Kanno does not teach "determine a current RPM of the full hybrid engine, and to determine the lean-burn load threshold in dependence on the current RPM." Office Action, p. 18-19. The Office Action cites Sakurai as allegedly curing this deficiency. However, Sakurai merely discloses an operating range, where in the operating range "with an engine speed of 2,500 rpm or more and torque of 400 Nm or more, the stoichiometric control that changes the lean burn operation to a stoichiometric operation is performed." Sakurai, ¶[0072]. Applicant submits the operating range of Sakurai is patentably distinct from the lean-burn load threshold recited in Claim 1. One of ordinary skill in the art would recognize that the operating range of Sakurai, requiring both an engine speed and torque for the operating range, and changing from lean burn to stoichiometric operation, does not teach, disclose, or suggest the lean-burn load threshold recited in Claim 1… With respect to the art directly, Kanno does not explicitly teach determining a current RPM. However, the secondary art, Perez, teaches this limitation: “Analog or digital signals from/to the mechanical coupling 172 through communication link 174 corresponding to parameters comprising the status of the coupling and the rpm speed on the ICE side and the electric motor side of the coupling: Analog or digital signals from/to the generator 190 through a sixth communication link 194 corresponding to parameters comprising current, voltage and rpm…” Col. 12, ln. 55-63. Thus the combination of Kanno and Perez would disclose the newly added limitation of “determine a current RPM of the fully hybrid engine.” With respect to the combination of Kanno and Sakurai, Kanno discloses that the increase in power demand, via the accelerator pedal request, is used to determine the operating mode of the system. There is a direct relationship to demanding more acceleration from an engine and the RPM at which that engine operates at. Therefore, Kanno indirectly discloses determining the operating mode of the system based on a current RPM of the system. However, Kanno is not explicit in this teaching. Whereas Sakurai teaches that acceleration patterns, defined explicitly by the RPM operating range, are used to change the operation of the engine from a lean-burn operation to a stoichiometric operation. Thus the combination of Kanno, Perez, and Sakurai disclose the entirety of the claimed limitations. Therefore, the Examiner does not find this argument persuasive. Applicant further argues: …Even if, in arguendo, the teachings of Sakurai could be considered to be analogous to the features of Claim 1, Applicant respectfully submits that there is no motivation to combine the teachings of Sakurai with Kanno and Perez. Sakurai provides an exhaust purifying system for an internal combustion engine, and is silent to the operation of the internal combustion engine integrally with, or as a part of, a full hybrid electric vehicle. 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, to improve fuel economy and reduce the capacity of the catalyst (At Sakurai ¶ [0072]). Applicant further argues: Applicant respectfully submits that Dempsey, Gibson, Kamada, and Belt, alone or in combination, do not cure these deficiencies. Accordingly, Kanno, alone or in combination with Perez, Sakurai, Dempsey, Gibson, Kamada, and Belt, does not teach, disclose, or suggest the features of Claim 1. In view of the above, Applicant respectfully submits that these rejections under § 103 are moot and believes all claims to be in condition for allowance. Accordingly, Applicant respectfully requests the rejections be removed. For the above reasons the Examiner does not believe there are deficiencies with the previously applied art. Therefore, the Examiner finds this argument unpersuasive. 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 (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 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. Claim(s) 1, 2, 4, and 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kanno et al. (US 2015/0298687 A1, “Kanno”) in view of Perez et al. (US 11,619,185 B1, “Perez”) and in further view of Sakurai (US 2012/0192549 A1, “Sakurai”). Regarding claim 1, Kanno discloses control apparatus of hybrid vehicle and teaches: An engine control unit for a full hybrid engine, (Control of the vehicle 1 is performed by an electronic control unit 30 (i.e. an ECU). – See at least ¶ [0027]) the full hybrid engine comprising an internal combustion engine and an electric motor, (As shown in FIG. 1, a vehicle 1 is constructed as a hybrid vehicle in which a plurality of power sources are combined. As power sources for propulsion, this vehicle 1 comprises an internal combustion engine 3 and two motor generators 4 and 5 that function as electric motors – See at least ¶ [0024]) the internal combustion engine being coupled to the drivetrain [], (A power splitting mechanism 6 is connected to the internal combustion engine 3 and to the first motor-generator 4 – See at least ¶ [0025]) the engine control unit being configured to: (ECU 30 performs various types of control related to the internal combustion engine 3 and to the motor-generators 4 and 5 – See at least ¶ [0027]) operate the internal combustion engine in a lean-burn mode, (The operational mode of the internal combustion engine 3 can be changed over between Stoichiometric combustion in which the theoretical air/fuel ratio and an air/fuel ratio in the vicinity thereof are taken as target, and lean combustion, i.e., a lean-burn mode, in which an air/fuel ratio that is set more toward the lean side from the target air/fuel ratio for stoichiometric combustion is taken as target – See at least ¶ [0028]) determine a current load level of the full hybrid engine, (Here, the hybrid mode in which the internal combustion engine 3 is operated at lean combustion will be termed the “lean combustion mode'. while the hybrid mode in which the internal combustion engine 3 is operated at stoichiometric combustion will be termed the "stoichiometric combustion mode'. The selection of each of these modes is performed on the basis of the power system efficiency in relation to the requested power. The system efficiency is a parameter that is determined in consideration of various factors, such as the amounts of electrical power consumed by the motor-generators 4 and 5, the amount of fuel consumed by the internal combustion engine 3 and its thermal efficiency, the electrical efficiencies of the motor-generators 4 and 5, and so on – See at least ¶ [0028]-[0029]; Examiner notes that the system efficiency is a current load of the full hybrid engine and is calculated by the ECU.) [] compare the current load level to a lean-burn load threshold, and (As shown in FIG. 2, system efficiency branch points Pe1 and Pe2, i.e., thresholds, may be defined between the EV mode and the hybrid modes. In a situation in which the requested power is higher than the efficiency branch point Pe1 between the lean combustion mode and the EV mode, the system efficiency is higher if the lean combustion mode is selected than if the EV mode is selected. Conversely, in a situation in which the requested power is lower than the efficiency branch point Pe1, the system efficiency is higher if the EV mode is selected than if the lean combustion mode is selected, i.e., the system efficiency (load level) is below a lean-burn load threshold where it is more desirable to operate in EV mode only – See at least ¶ [0031]-[0032] and Fig. 2) determine a lean-burn load threshold in dependence on the current [power request], the lean-burn load threshold defining a load level below which stable operation of the internal combustion engine in the lean-burn mode is impossible and/or undesirable, (As shown in FIG. 2, system efficiency branch points Pe1 and Pe2, i.e., thresholds, may be defined between the EV mode and the hybrid modes. In a situation in which the requested power is higher than the efficiency branch point Pe1 between the lean combustion mode and the EV mode, the system efficiency is higher if the lean combustion mode is selected than if the EV mode is selected. Conversely, in a situation in which the requested power is lower than the efficiency branch point Pe1, the system efficiency is higher if the EV mode is selected than if the lean combustion mode is selected, i.e., the system efficiency (load level) is below a lean-burn load threshold where it is more desirable to operate in EV mode only – See at least ¶ [0031]-[0032] and Fig. 2)) when the current load level of the full hybrid engine is below the lean-burn load threshold, [stop] the internal combustion engine from the drivetrain and operate the full hybrid engine in an electric mode. (In principle, the ECU 30 performs control so as preferentially to select that mode, from the plurality of modes, for which the efficiency in relation to the requested power is the highest. For example, if the requested power is in the region R1, then the ECU30 selects the EV mode at highest priority – See at least ¶ [0027] and [0032]) Kanno does not explicitly teach that the drive system includes a clutch. However, Perez discloses hybrid electric vehicle with a motor cooling system and teaches: An engine control unit for a full hybrid engine, (In an embodiment 100, a fuel 118 is stored in fluid state within a fuel tank 110 and provides chemical energy to an engine 170. The engine (ICE) 170 converts chemical engine from the fuel into kinetic or electric energy to power an electric motor 120 of the Flexible Fuel Hybrid Electric Vehicle – See at least Col 5, ln. 62-67) the full hybrid engine comprising an internal combustion engine and an electric motor, (The propulsion system of the flexible fuel hybrid vehicle comprises an electric motor or a plurality of electric motors arranged in a variety of configurations – See at least Col 9, ln. 23-25) the internal combustion engine being coupled to the drivetrain via a clutch, (In an embodiment, the mechanical coupling 172 between the electric motor and the engine may include a transmission, transaxle, torque converter, clutch, chain drives, v-belts, timing belts, sprockets or other mechanical devices such that the electric motor and engine can rotate at different speeds while mechanically linked and conveying power and torque to a drivetrain of the hybrid vehicle – See at least ¶ Co. 10, ln. 41-46) the engine control unit being configured to: (In an embodiment, the AFRC 160 is controlled by a digital control unit DCU 180 through a series of interfaces, communication links, and control signals that can be digital or analog as shown in FIG. 1 – See at least Col. 8, ln. 63-66) Kanno does not explicitly teach determine a current RPM of the full hybrid engine. However, Perez further teaches: determine a current RPM of the full hybrid engine, (Analog or digital signals from/to the mechanical coupling 172 through communication link 174 corresponding to parameters comprising the status of the coupling and the rpm speed on the ICE side and the electric motor side of the coupling: Analog or digital signals from/to the generator 190 through a sixth communication link 194 corresponding to parameters comprising current, voltage and rpm – See at least Col. 12, ln. 55-63” Kanno does not explicitly teach that the internal combustion engine is decoupled from the drivetrain. However, Perez further teaches: when the current load level of the full hybrid engine is below the lean-burn load threshold, decouple the internal combustion engine from the drivetrain and operate the full hybrid engine in an electric mode. (In an embodiment, the mechanical coupling 172 comprises a clutch that can be disengaged to decouple the ICE and the motor so that the hybrid vehicle can fully operate as a series hybrid vehicle with all the energy flowing to the drive train being provided by the electrical system – See at least Col. 10, ln. 48-53) In summary, Kanno discloses that the internal combustion engine and the electric motors are connected to the drivetrain. Kanno does not explicitly teach that the connection is via a clutch or that the ICE is disengaged while the vehicle is operating in electric mode. However, Perez discloses a hybrid electric vehicle with a motor cooling system and teaches a drivetrain that connects the ICE with the electric motors utilizing a clutch. Perez further teaches that while the vehicle is operating in electric only mode the ICE is decoupled from the drivetrain. Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control apparatus of hybrid vehicle of Kanno to provide for the hybrid electric vehicle with a motor cooling system, as taught in Perez, to increase the efficiency of the electric motor and reduce the need for fuel preheating systems with the consequent weight reduction and efficiency gains. (At Perez Col. 3, ln. 30-34) The combination of Kanno and Perez does not explicitly teach determine a lean-burn load threshold in dependence on the current RPM, the lean-burn load threshold defining a load level below which stable operation of the internal combustion engine in the lean-burn mode is impossible and/or undesirable. However, Sakurai discloses exhaust purifying system for internal combustion engine and teaches: determine a lean-burn load threshold in dependence on the current RPM, the lean-burn load threshold defining a load level below which stable operation of the internal combustion engine in the lean-burn mode is impossible and/or undesirable (When the internal combustion engine 10 is in an operating condition of an acceleration pattern, specifically, in an operating range with an engine speed of 2,500 rpm or more and torque of 400Nm or more, the stoichiometric control that changes the lean burn operation to a stoichiometric operation is performed – See at least ¶ [0072]) Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control apparatus of hybrid vehicle of Kanno and Perez to provide for the exhaust purifying system for internal combustion engine, as taught in Sakurai, to improve fuel economy and reduce the capacity of the catalyst. (At Sakurai ¶ [0072]) Regarding claim 2, Kanno further teaches: The engine control unit according to claim 1, configured to: (Control of the vehicle 1 is performed by an electronic control unit 30 (i.e. an ECU). – See at least ¶ [0027]) operate the full hybrid engine in the electric mode, (The ECU may cause the fully hybrid engine to operate in EV mode – See at least ¶ [0032]) determine the current load level of the full hybrid engine, (Here, the hybrid mode in which the internal combustion engine 3 is operated at lean combustion will be termed the “lean combustion mode'. while the hybrid mode in which the internal combustion engine 3 is operated at stoichiometric combustion will be termed the "stoichiometric combustion mode'. The selection of each of these modes is performed on the basis of the power system efficiency in relation to the requested power. The system efficiency is a parameter that is determined in consideration of various factors, such as the amounts of electrical power consumed by the motor-generators 4 and 5, the amount of fuel consumed by the internal combustion engine 3 and its thermal efficiency, the electrical efficiencies of the motor-generators 4 and 5, and so on – See at least ¶ [0028]-[0029]; Examiner notes that the system efficiency is a current load of the full hybrid engine and is calculated by the ECU.) compare the current load level to the lean-burn load threshold, and (The system efficiency is compared to a plurality of thresholds one of which refers to a lean-burn threshold – See at least ¶ [0031]-[0032] and Fig. 2) when the current load level of the full hybrid engine is above the lean-burn load threshold, couple the internal combustion engine to the drivetrain and operate the internal combustion engine in the lean-burn mode. (As shown in FIG. 2, system efficiency branch points Pe1 and Pe2, i.e., thresholds, may be defined between the EV mode and the hybrid modes. In a situation in which the requested power is higher than the efficiency branch point Pe1 between the lean combustion mode and the EV mode, the system efficiency is higher if the lean combustion mode is selected than if the EV mode is selected. Conversely, in a situation in which the requested power is lower than the efficiency branch point Pe1, the system efficiency is higher if the EV mode is selected than if the lean combustion mode is selected, i.e., the system efficiency (load level) is below a lean-burn load threshold where it is more desirable to operate in EV mode only – See at least ¶ [0031]-[0032] and Fig. 2) Regarding claim 4, Kanno further teaches: The engine control unit according to claim 1, configured to determine the current load level of the full hybrid engine in dependence on an electronic signal representative of a current position of an accelerator pedal. (In the step S5, the ECU 30 acquires the requested power. The ECU30 acquires the requested power by referring to the output signal of an accelerator opening amount sensor 31 that outputs a signal corresponding to the amount by which an accelerator pedal 28 is stepped upon and to the output signal of a vehicle speed sensor 32 that outputs a signal corresponding to the vehicle speed, and by calculating the power by a predetermined method. Then in a step S6 the ECU 30 makes a decision as to which of the regions R1 through R3 shown in FIG. 2 the requested power that was acquired in the step S5 belongs – See at least ¶ [0035]; Examiner notes that the regions R1-R3 are defined by the threshold values Pe1 and Pe2) Regarding claim 10, Kanno further teaches: An internal combustion engine comprising the engine control unit as claimed in claim 1. (As shown in Fig. 1 the ECU is directly connect to the internal combustion engine, therefore the internal combustion engine comprises the engine control unit.) Regarding claim 11, Kanno further teaches: A full hybrid engine for a drivetrain of a vehicle, the full hybrid engine comprising: (Fig. 1 provides a layout of the full hybrid engine for a drive train of a vehicle.) an internal combustion engine, (As shown in FIG. 1, a vehicle 1 is constructed as a hybrid vehicle in which a plurality of power sources are combined. As power sources for propulsion, this vehicle 1 comprises an internal combustion engine 3 and two motor generators 4 and 5 that function as electric motors – See at least ¶ [0024]) at least one electric motor, (As shown in FIG. 1, a vehicle 1 is constructed as a hybrid vehicle in which a plurality of power sources are combined. As power sources for propulsion, this vehicle 1 comprises an internal combustion engine 3 and two motor generators 4 and 5 that function as electric motors – See at least ¶ [0024]) [] coupling the internal combustion engine to the drivetrain, and (A power splitting mechanism 6 is connected to the internal combustion engine 3 and to the first motor-generator 4.) the engine control unit according to any of the claim 1. (Control of the vehicle 1 is performed by an electronic control unit 30 (i.e. an ECU). – See at least ¶ [0027]) Kanno does not explicitly teach but Perez further teaches: a clutch for coupling the internal combustion engine to the drivetrain, and (In an embodiment, the mechanical coupling 172 between the electric motor and the engine may include a transmission, transaxle, torque converter, clutch, chain drives, v-belts, timing belts, sprockets or other mechanical devices such that the electric motor and engine can rotate at different speeds while mechanically linked and conveying power and torque to a drivetrain of the hybrid vehicle – See at least ¶ Co. 10, ln. 41-46) Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control apparatus of hybrid vehicle of Kanno to provide for the hybrid electric vehicle with a motor cooling system, as taught in Perez, to increase the efficiency of the electric motor and reduce the need for fuel preheating systems with the consequent weight reduction and efficiency gains. (At Perez Col. 3, ln. 30-34) Regarding claim 12, Kanno further teaches: The full hybrid engine as claimed in claim 11, the full hybrid engine further comprising a generator, mechanically coupled to the internal combustion engine and electrically coupled to the electric motor and/or a battery pack of the vehicle. (The first motor-generator 4 has a stator 4a and a rotor 4b. The first motor-generator 4 can function as a generator by receiving power from the internal combustion engine 3 split by the power splitting mechanism 6 and by generating electrical power, and also can function as an electric motor by being driven by AC electrical power. In a similar manner, the second motor-generator 5 has a stator 5a and a rotor 5b, and can function either as an electric motor or as a generator. Both of the motor-generators 4 and 5 are connected to a battery 26 via a motor controller 25. The motor controller 25 converts electrical power generated by the motor-genera tors 4 and 5 into DC power which is stored in the battery 26, and also converts electrical power from the battery 26 into AC power which is Supplied to the motor-generators 4 and 5 – See at least ¶ [0025]) Regarding claim 13, Kanno further teaches: A powertrain for a vehicle, comprising the full hybrid engine of claim 11. (Fig. 1 provides a layout of the powertrain for the vehicle disclosed in the invention – See also ¶ [0024]-[0027]) Regarding claim 14, Kanno further teaches: A vehicle comprising the full hybrid engine according to claim 13. (The invention is directed towards a hybrid vehicle, e.g., vehicle 1 – See at least Fig. 1 and ¶ [0024]) Regarding claim 15, Kanno discloses control apparatus of hybrid vehicle and teaches: A method of operating a full hybrid engine for a drivetrain of a vehicle, (The invention is directed towards methods of operating a full hybrid engine – See at least Fig. 3, 4, and 7) the full hybrid engine comprising an internal combustion engine and an electric motor, (As shown in FIG. 1, a vehicle 1 is constructed as a hybrid vehicle in which a plurality of power sources are combined. As power sources for propulsion, this vehicle 1 comprises an internal combustion engine 3 and two motor generators 4 and 5 that function as electric motors – See at least ¶ [0024]) the internal combustion engine being coupled to the drivetrain [], (A power splitting mechanism 6 is connected to the internal combustion engine 3 and to the first motor-generator 4 – See at least ¶ [0025]) the engine control unit being configured to: (ECU 30 performs various types of control related to the internal combustion engine 3 and to the motor-generators 4 and 5 – See at least ¶ [0027]) the method comprising: operating the internal combustion engine in a lean-burn mode, (The operational mode of the internal combustion engine 3 can be changed over between Stoichiometric combustion in which the theoretical air/fuel ratio and an air/fuel ratio in the vicinity thereof are taken as target, and lean combustion, i.e., a lean-burn mode, in which an air/fuel ratio that is set more toward the lean side from the target air/fuel ratio for stoichiometric combustion is taken as target – See at least ¶ [0028]) determining a current load level of the full hybrid engine, (Here, the hybrid mode in which the internal combustion engine 3 is operated at lean combustion will be termed the “lean combustion mode'. while the hybrid mode in which the internal combustion engine 3 is operated at stoichiometric combustion will be termed the "stoichiometric combustion mode'. The selection of each of these modes is performed on the basis of the power system efficiency in relation to the requested power. The system efficiency is a parameter that is determined in consideration of various factors, such as the amounts of electrical power consumed by the motor-generators 4 and 5, the amount of fuel consumed by the internal combustion engine 3 and its thermal efficiency, the electrical efficiencies of the motor-generators 4 and 5, and so on – See at least ¶ [0028]-[0029]; Examiner notes that the system efficiency is a current load of the full hybrid engine and is calculated by the ECU.) [] determining a lean-burn load threshold in dependence on the current [power request], the lean-burn load threshold defining a load level below which stable operation of the internal combustion engine in the lean-burn mode is impossible and/or undesirable, (As shown in FIG. 2, system efficiency branch points Pe1 and Pe2, i.e., thresholds, may be defined between the EV mode and the hybrid modes. In a situation in which the requested power is higher than the efficiency branch point Pe1 between the lean combustion mode and the EV mode, the system efficiency is higher if the lean combustion mode is selected than if the EV mode is selected. Conversely, in a situation in which the requested power is lower than the efficiency branch point Pe1, the system efficiency is higher if the EV mode is selected than if the lean combustion mode is selected, i.e., the system efficiency (load level) is below a lean-burn load threshold where it is more desirable to operate in EV mode only – See at least ¶ [0031]-[0032] and Fig. 2) comparing the current load level to a lean-burn load threshold, the lean-burn load threshold defining a load level below which stable operation of the internal combustion engine in the lean-burn mode is impossible and/or undesirable, and (As shown in FIG. 2, system efficiency branch points Pe1 and Pe2, i.e., thresholds, may be defined between the EV mode and the hybrid modes. In a situation in which the requested power is higher than the efficiency branch point Pe1 between the lean combustion mode and the EV mode, the system efficiency is higher if the lean combustion mode is selected than if the EV mode is selected. Conversely, in a situation in which the requested power is lower than the efficiency branch point Pe1, the system efficiency is higher if the EV mode is selected than if the lean combustion mode is selected, i.e., the system efficiency (load level) is below a lean-burn load threshold where it is more desirable to operate in EV mode only – See at least ¶ [0031]-[0032] and Fig. 2) when the current load level of the full hybrid engine is below the lean-burn load threshold, [stopping] the internal combustion engine from the drivetrain and operating the full hybrid engine in an electric mode. (In principle, the ECU 30 performs control so as preferentially to select that mode, from the plurality of modes, for which the efficiency in relation to the requested power is the highest. For example, if the requested power is in the region R1, then the ECU30 selects the EV mode at highest priority – See at least ¶ [0027] and [0032]) Kanno does not explicitly teach a clutch. However, Perez discloses hybrid electric vehicle with a motor cooling system and teaches: the internal combustion engine being coupled to the drivetrain via a clutch, the method comprising: (In an embodiment, the mechanical coupling 172 between the electric motor and the engine may include a transmission, transaxle, torque converter, clutch, chain drives, v-belts, timing belts, sprockets or other mechanical devices such that the electric motor and engine can rotate at different speeds while mechanically linked and conveying power and torque to a drivetrain of the hybrid vehicle – See at least ¶ Co. 10, ln. 41-46) Kanno does not explicitly teach determine a current RPM of the full hybrid engine. However, Perez further teaches: determining a current RPM of the full hybrid engine, (Analog or digital signals from/to the mechanical coupling 172 through communication link 174 corresponding to parameters comprising the status of the coupling and the rpm speed on the ICE side and the electric motor side of the coupling: Analog or digital signals from/to the generator 190 through a sixth communication link 194 corresponding to parameters comprising current, voltage and rpm – See at least Col. 12, ln. 55-63”) Kanno does not explicitly teach, but Perez further teaches: [] decoupling the internal combustion engine from the drivetrain and operating the full hybrid engine in an electric mode. (In an embodiment, the mechanical coupling 172 comprises a clutch that can be disengaged to decouple the ICE and the motor so that the hybrid vehicle can fully operate as a series hybrid vehicle with all the energy flowing to the drive train being provided by the electrical system – See at least Col. 10, ln. 48-53) In summary, Kanno discloses that the internal combustion engine and the electric motors are connected to the drivetrain. Kanno does not explicitly teach that the connection is via a clutch or that the ICE is disengaged while the vehicle is operating in electric mode. However, Perez discloses a hybrid electric vehicle with a motor cooling system and teaches a drivetrain that connects the ICE with the electric motors utilizing a clutch. Perez further teaches that while the vehicle is operating in electric only mode the ICE is decoupled from the drivetrain. Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control apparatus of hybrid vehicle of Kanno to provide for the hybrid electric vehicle with a motor cooling system, as taught in Perez, to increase the efficiency of the electric motor and reduce the need for fuel preheating systems with the consequent weight reduction and efficiency gains. (At Perez Col. 3, ln. 30-34) The combination of Kanno and Perez does not explicitly teach determining a lean-burn load threshold in dependence on the current RPM, the lean-burn load threshold defining a load level below which stable operation of the internal combustion engine in the lean-burn mode is impossible and/or undesirable. However, Sakurai discloses exhaust purifying system for internal combustion engine and teaches: determining a lean-burn load threshold in dependence on the current RPM, the lean-burn load threshold defining a load level below which stable operation of the internal combustion engine in the lean-burn mode is impossible and/or undesirable (When the internal combustion engine 10 is in an operating condition of an acceleration pattern, specifically, in an operating range with an engine speed of 2,500 rpm or more and torque of 400Nm or more, the stoichiometric control that changes the lean burn operation to a stoichiometric operation is performed – See at least ¶ [0072]) Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control apparatus of hybrid vehicle of Kanno and Perez to provide for the exhaust purifying system for internal combustion engine, as taught in Sakurai, to improve fuel economy and reduce the capacity of the catalyst. (At Sakurai ¶ [0072]) Regarding claim 16, Kanno further teaches: A non-transitory computer readable medium comprising computer readable instructions that, when executed by a processor, cause performance of the method of claim 15. (An example of the control performed by the ECU30 will now be explained with reference to FIG. 3 and FIG. 4. The program of the control routine of FIG. 3 is stored in the ECU 30, and is read out at an appropriate timing and repeatedly executed on a predetermined cycle – See at least ¶ [0033]) Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kanno in view of Perez, as applied to claim 1, and in further view of Dempsey et al. (US 2017/0001639 A1, “Dempsey”). Regarding claim 5, the combination of Kanno and Perez does not explicitly teach The engine control unit according to claim 1, configured to determine the current load level of the full hybrid engine in dependence on an electronic signal representative of a current speed control setting of a cruise control system. However, Dempsey discloses vehicle speed management integrated with vehicle monitoring system and teaches: The engine control unit according to claim 1, configured to determine the current load level of the full hybrid engine in dependence on an electronic signal representative of a current speed control setting of a cruise control system. (The load determination module 156 is structured to determine a current road load for the vehicle based at least partially on the vehicle data 170 and vehicle operation data 172 (described below) while the vehicle is in the cruise control operating mode. The current road load is the load that the engine/vehicle overcomes to maintain or substantially maintain the cruise control set speed. In some embodiments, the vehicle speed management module 160 implements adjustments to the cruise control set speed to accommodate for future road loads, as is described more fully herein – See at least ¶ [0036]) Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control apparatus of hybrid vehicle of Kanno and Perez to provide for the exhaust purifying system for internal combustion engine, as taught in Sakurai, to relieve operator control of the vehicle's speed, so that inconsistent and transient acceleration/deceleration events are reduced, which consequently reduces the acceleration/deceleration spikes that cause unsmooth vehicle operation. As such, cruise control operating mode provides for a relatively smoother vehicle operation. (At Dempsey ¶ [0001]) Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kanno in view of Perez, as applied to claim 1, and in further view of Gibson et al. (US 2014/0243152 A1, “Gibson”). Regarding claim 6, the combination of Kanno and Perez does not explicitly teach the engine control unit according to claim 1, configured to determine the current load level and/or a current RPM of the full hybrid engine using a torque model. However, Gibson discloses method for controlling a vehicle and teaches: The engine control unit according to claim 1, configured to determine the current load level and/or a current RPM of the full hybrid engine using a torque model. (The engine and transmission output torques may be inferred based on engine speed, engine load, transmission impeller speed, transmission turbine speed, and presently selected transmission gear. For example, engine torque may be empirically determined and stored in memory that is indexed according to engine speed and load. The estimated engine torque is input to a known torque converter model and the torque converter model outputs a torque that is multiplied by the present gear ratio to provide an estimated transmission output torque – See at least ¶ [0067]) Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control apparatus of hybrid vehicle of Kanno and Perez to provide for the method for controlling a vehicle, as taught in Gibson, to reduce audible driveline noise, reduce driveline degradation, and improve vehicle drivability. (At Gibson ¶ [0005]) Claim(s) 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kanno in view of Perez, as applied to claim 1, and in further view of Kamada et al. (US 2009/0227407 A1, “Kamada”). Regarding claim 7, Kanno discloses determining a current NOx temperature in an exhaust stream of the internal combustion engine, while the internal combustion engine is operating in the lean-burn mode. Kanno does not explicitly teach determining a NOx concentration. However, Kamada discloses controller of drive device for vehicle and teaches: The engine control unit according to claim 1, configured to determine a current NOx concentration in an exhaust stream of the internal combustion engine, while the internal combustion engine is operating in the lean-burn mode. (The air-fuel ratio control means 90 controls the air fuel ratio A/F of the engine 8 in a feedback fashion, on the basis of an air-fuel ratio A/F of the exhaust gas detected by an A/F ratio sensor 93 disposed in an exhaust pipe 94. When the amount of NOx absorbed in the NOx absorbent 92 has increased to a predetermined upper limit, for example, to about 50% of the absorption capacity of the NOx absorbent 92, the air-fuel ratio control means 90 implements the rich spike to release the NOx from the NOx absorbent 92. Described in detail, the amount of NOx absorbed in the NOX absorbent 92 can be estimated from a cumulative value of a produce of the intake air quantity and the engine load in the lean-burn state – See at least ¶ [0098]-[0099]; Examiner notes that the engine operates in both a normal and lean-burn mode – See at least ¶ [0085]) In summary, Kanno discloses determining the current NOx concentration in an exhaust stream of the internal combustion engine, while the internal combustion engine is operating in lean-burn mode. While there is a direct relationship1 between NOx temperature and concentration, i.e., when the temperature increases so does the concentration, Kanno does not explicitly teach determining a current NOx concentration. However, Kamada discloses controller of drive device for vehicle and teaches determining the current NOx concentration while operating in both normal and lean-burn mode. Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control apparatus of hybrid vehicle of Kanno and Perez to provide for the controller of drive device for vehicle, as taught in Kamada, to implement control apparatus that permits size reduction of the drive system or improvements of fuel economy and drivability of a vehicle. (At Kamada ¶ [0010]) Regarding claim 8, Kanno further discloses: The engine control unit according to claim 7, configured to compare the current NOx [temperature] to a NOx threshold and, when the current NOx [temperature] is above the NOx threshold, (Then in a step S3 the ECU30 makes a decision as to whether or not the temperature Tsc of the start catalyst 16 is higher than the lower limit value Tscn of the temperature range at which the catalyst activates. If the temperature Tsc is higher than the lower limit value Tscm, then the flow of control is transferred to a step S5 – See at least ¶ [0034] and Fig. 3; Examiner notes that the step S5 leads to the operation of the vehicle in EV only mode when the power request is in region R1) to [stop] the internal combustion engine from the drivetrain and operate the full hybrid engine in the electric mode. (an EV mode is selected, in which combustion by the internal combustion engine 3 is stopped and the second motor-generator 5 is driven – See at least ¶ [0027]) Kanno does not explicitly teach decouple the internal combustion engine from the drivetrain. However, Perez further teaches: The engine control unit according to claim 7, configured to [] decouple the internal combustion engine from the drivetrain and operate the full hybrid engine in the electric mode. (In an embodiment, the mechanical coupling 172 comprises a clutch that can be disengaged to decouple the ICE and the motor so that the hybrid vehicle can fully operate as a series hybrid vehicle with all the energy flowing to the drive train being provided by the electrical system – See at least Col. 10, ln. 48-53) Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control apparatus of hybrid vehicle of Kanno to provide for the hybrid electric vehicle with a motor cooling system, as taught in Perez, to increase the efficiency of the electric motor and reduce the need for fuel preheating systems with the consequent weight reduction and efficiency gains. (At Perez Col. 3, ln. 30-34) The combination of Kanno and Perez does not explicitly teach determining a current NOx concentration. However, Kamada further teaches: The engine control unit according to claim 7, configured to compare the current NOx concentration to a NOx threshold and, when the current NOx concentration is above the NOx threshold (When the amount of NOx absorbed in the NOx absorbent 92 has increased to a predetermined upper limit, for example, to about 50% of the absorption capacity of the NOx absorbent 92, the air-fuel ratio control means 90 implements the rich spike to release the NOx from the NOx absorbent 92. Described in detail, the amount of NOx absorbed in the NOX absorbent 92 can be estimated from a cumulative value of a produce of the intake air quantity and the engine load in the lean-burn state – See at least ¶ [0098]-[0099]) Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control apparatus of hybrid vehicle of Kanno and Perez to provide for the controller of drive device for vehicle, as taught in Kamada, to implement control apparatus that permits size reduction of the drive system or improvements of fuel economy and drivability of a vehicle. (At Kamada ¶ [0010]) Regarding claim 9, the combination of Kanno and Perez does not explicitly teach, but Kamada further teaches: The engine control unit according to claim 7, configured to calibrate the lean-burn load threshold based on the current load level and the current NOx concentration. (For example, the air-fuel ratio control means 90 determines whether the vehicle is in a low-load running state predetermined by experimentation, for instance, in a constant-speed running State, in which the engine should be operated in the lean-burn state. This determination is made on the basis of the running condition of the vehicle as represented by the vehicle speedV, the accelerator pedal operating amount A, the overall speed ratio YT of the transmission mechanism 10, whether the warm-up operation of the engine is completed or not, etc. If the air-fuel ratio control means 90 determines that the vehicle is in the predetermined low-load running state, the air-fuel ratio control means 90 controls the fuel supply quantity for a given value of the throttle valve opening angle 0 such that the fuel Supply quantity is smaller than that of the stoichiometric air-fuel ratio A/F, so that the engine is operated in the lean-burn state… The air-fuel ratio control means 90 controls the air fuel ratio A/F of the engine 8 in a feedback fashion, on the basis of an air-fuel ratio A/F of the exhaust gas detected by an A/F ratio sensor 93 disposed in an exhaust pipe 94 – See at least ¶ [0096]-[0098]) Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the control apparatus of hybrid vehicle of Kanno and Perez to provide for the controller of drive device for vehicle, as taught in Kamada, to implement control apparatus that permits size reduction of the drive system or improvements of fuel economy and drivability of a vehicle. (At Kamada ¶ [0010]) Claim(s) 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kanno in view of Perez and Sakurai, and in further view of Belt et al. (US 2018/0056973 A1, “Belt”). Regarding claim 17, Kanno discloses control apparatus of hybrid vehicle and teaches: An engine control unit for a battery electric vehicle, (Control of the vehicle 1 is performed by an electronic control unit 30 (i.e. an ECU). – See at least ¶ [0027]; Examiner notes that the vehicle may be operated in EV only mode, i.e., a battery electric vehicle.) the battery electric vehicle comprising an internal combustion engine, an electric motor, (As shown in FIG. 1, a vehicle 1 is constructed as a hybrid vehicle in which a plurality of power sources are combined. As power sources for propulsion, this vehicle 1 comprises an internal combustion engine 3 and two motor generators 4 and 5 that function as electric motors – See at least ¶ [0024]) a battery pack, (Both of the motor-generators 4 and 5 are connected to a battery 26 via a motor controller 25. The motor controller 25 converts electrical power generated by the motor-genera tors 4 and 5 into DC power which is stored in the battery 26, and also converts electrical power from the battery 26 into AC power which is Supplied to the motor-generators 4 and 5 – See at least ¶ [0025]) and a generator, (As power sources for propulsion, this vehicle 1 comprises an internal combustion engine 3 and two motor generators 4 and 5 that function as electric motors – See at least ¶ [0024]) the generator being mechanically coupled to the internal combustion engine (A power splitting mechanism 6 is connected to the internal combustion engine 3 and to the first motor-generator 4. The output of this power splitting mechanism 6 is trans mitted to an output gear 20. The output gear 20 and the second motor-generator 5 are mutually linked together and rotate as one. The power outputted from the output gear 20 is trans mitted to drive wheels 23 via a deceleration device 21 and a differential device 22. The first motor-generator 4 has a stator 4a and a rotor 4b. The first motor-generator 4 can function as a generator by receiving power from the internal combustion engine 3 split by the power splitting mechanism 6 and by generating electrical power, and also can function as an electric motor by being driven by AC electrical power. In a similar manner, the second motor-generator 5 has a stator 5a and a rotor 5b, and can function either as an electric motor or as a generator – See at least ¶ [0025]) and electrically coupled to the electric motor and/or the battery pack, the engine control unit being configured to: (Both of the motor-generators 4 and 5 are connected to a battery 26 via a motor controller 25. The motor controller 25 converts electrical power generated by the motor-genera tors 4 and 5 into DC power which is stored in the battery 26, and also converts electrical power from the battery 26 into AC power which is Supplied to the motor-generators 4 and 5 – See at least ¶ [0025]) operate the internal combustion engine, (The operational mode of the internal combustion engine 3 can be changed over between Stoichiometric combustion in which the theoretical air/fuel ratio and an air/fuel ratio in the vicinity thereof are taken as target, and lean combustion, i.e., a lean-burn mode, in which an air/fuel ratio that is set more toward the lean side from the target air/fuel ratio for stoichiometric combustion is taken as target – See at least ¶ [0028]) determine a current load level of the internal combustion engine, (Here, the hybrid mode in which the internal combustion engine 3 is operated at lean combustion will be termed the “lean combustion mode'. while the hybrid mode in which the internal combustion engine 3 is operated at stoichiometric combustion will be termed the "stoichiometric combustion mode'. The selection of each of these modes is performed on the basis of the power system efficiency in relation to the requested power. The system efficiency is a parameter that is determined in consideration of various factors,
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Prosecution Timeline

Oct 01, 2022
Application Filed
Mar 22, 2025
Non-Final Rejection — §103
Jun 27, 2025
Response Filed
Oct 10, 2025
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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3y 1m
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