DETAILED ACTION
Notice of 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
Claims 1-7 are pending.
Claims 2 and 5 were previously canceled.
Claim 7 has been added.
Response to Arguments
Rejections Under 35 U.S.C. §103: Applicant’s arguments, see Remarks filed 10/20/2025, with respect to claim 1 have been fully considered and are persuasive. Applicant argues in the last paragraph of pg 6 of remarks that “the whole point of Namba is to avoid using such a heater …. Therefore, Applicant believes it would not have been obvious to modify Fujiwara”. Examiner agrees. The 103 rejections of claims 1-6 have been withdrawn. However, upon further search and consideration, new grounds of rejection are made in view of Tomita et al. (JP 2011011647 A). Tomita is referenced in paragraph [0008] of previously cited reference Namba et al. (US 20220001851 A1), and examiner mentioned Tomita in interview held on 10/14/2025. Examiner maintains that Tomita teaches using a heater and motoring an engine with an electric motor to heat a catalyst (see at least Tomita paragraph [0040]). Examiner also notes that Tomita FIG. 8 indicates heater 46 is attached to catalyst 43a.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Fujiwara (JP H10288028 A) in view of Tomita et al. (JP 2011011647 A).
Regarding claim 1, Fujiwara teach A hybrid vehicle control method for controlling a hybrid vehicle (see at least FIG. 1, [0014]: “a hybrid vehicle”) comprising
an internal combustion engine (see at least FIG. 1: engine 150) having an exhaust passage (see at least FIG. 1: exhaust port 202),
an electric motor (see at least FIG. 1: motors MG1, MG2; [0018]: “motor MG1 operates as an electric motor … and in some cases operates as a generator”; [0019]: “the motor MG2 also operates as an electric motor or a generator”) configured to generate power by being driven by the internal combustion engine (see at least [0024]: “generating electricity with the motor MG1 by operating the engine 150”),
a battery (see at least FIG. 1: battery 194) configured to be charged (see at least [0006]: “a secondary battery which … is charged … as the vehicle runs”; [0020]: “MG1 … [is] electrically connected to a battery 194”), and
an electrically heated catalytic converter (see at least FIG. 1: catalytic converter 204, electric catalyst heater (EHC) 206) that generates heat due to being energized with electricity from the battery (see at least [0015]: “for heating the catalyst by applying electricity from the battery”),
the hybrid vehicle being able to travel (see at least [0024]: “the hybrid vehicle can run using only the motor MG2 as a drive source”) while the internal combustion engine is stopped (see at least [0025]: “The control unit 190 takes into consideration the vehicle running state … and determines that it is necessary to start the engine 150 if the remaining capacity SOC of the battery 194 is not sufficient to maintain running.”), the hybrid vehicle control method comprising:
controlling at least one of energization of the electrically heated catalytic converter (see at least [0031]: “if battery 194 has a remaining capacity that is sufficient to heat the catalyst while maintaining driving, control unit 190 … supplies electricity to EHC 206”) and driving of the internal combustion engine in accordance with a battery SOC of the battery in order to increase a temperature of the electrically heated catalytic converter when a catalyst temperature of the electrically heated catalytic converter falls to or below a predetermined temperature (see at least [0026]: “The temperature T0 is the activation temperature of the catalyst… . If the catalyst bed temperature is equal to or lower than temperature T0, the catalyst needs to be heated before starting the engine 150, so a catalyst heading process … is carried out”) while the hybrid vehicle is traveling (see at least [0025]: “power is required for traveling, such as during acceleration or climbing a slope”),
energizing (see at least [0031]: “control unit 190 sets the amount of electricity supplied to EHC 206 to the maximum value”) the electrically heated catalytic converter to increase the temperature (see at least [0015]: “for heating the catalyst by applying electricity from the battery”) of the electrically heated catalytic converter and using the electric motor (see at least [0006]: “drive the electric motor”) when the catalyst temperature is equal to or below (see at least FIG. 4: S315 “Catalyst bed temperature > T0?” = No [Wingdings font/0xE0] S400 “Catalyst heat treatment”; FIG. 5: S400 [Wingdings font/0xE0] [Wingdings font/0xE0] [Wingdings font/0xE0] S460 “EHC power on”) the predetermined temperature and the battery SOC of the battery is equal to or higher than a first threshold (see at least FIG. 5 step S420: “SOC>EHEAT+DRIVE?”; [0031]: “if the battery 194 has a remaining capacity that is sufficient to heat the catalyst while maintaining driving”) value, and
energizing the electrically heated catalytic converter and driving the internal combustion engine to increase the temperature of the electrically heated catalytic converter (see at least [0040]: “This corresponds to the case of step S430 … the remaining capacity of the battery 194 … is greater than the driving energy … . In this state, the battery 194 can supply only a portion of the energy required for heating the catalyst …. The energy deficiency … is supplied by the engine 150”) when the catalyst temperature is equal to or below (see at least FIG. 4: S315 “Catalyst bed temperature > T0?” = No [Wingdings font/0xE0] S400 “Catalyst heat treatment”; FIG. 5: S400 [Wingdings font/0xE0] [Wingdings font/0xE0] [Wingdings font/0xE0] S430 “Rapid warm-up operation”) the predetermined temperature and the battery SOC of the battery is lower than (see at least [0032]: “When the remaining capacity SOC of the battery 194 is … less than the sum of the catalyst heating energy EHEAT and the traveling energy EDRIVE”) the first threshold value and equal to or higher than a second threshold value (see at least [0029]: “traveling energy EDRIVE”; FIG. 5 step S425: “SOC>EDRIVE”; [0032]: “whether the remaining capacity SOC of the battery 194 is greater than the traveling energy EDRIVE”), the second threshold value being smaller than the first threshold value.
However, Fujiwara does not explicitly teach with electric power generated by the electric motor;
motoring the internal combustion engine.
Tomita teach a battery configured to be charged with electric power generated by the electric motor (see at least [0011]: “a motor generator that charges the battery”);
energizing (see at least [0040]: "The ECU 50 drives the heater 46 during motoring operation.") the electrically heated catalytic converter (see at least FIG. 8: catalyst 43a; FIG. 6, 8: heater 46; [0008]: “a heater is provided in the catalyst”) to increase the temperature (see at least [0040]: “this allows the temperature ... to be raised”) of the electrically heated catalytic converter and motoring (see at least FIG. 7 S4: “engine motoring”; [0007]: “motoring engine using the motor generator”) the internal combustion engine (see at least FIG. 3: engine 20) using the electric motor (see at least FIG. 3: motor 10) when the catalyst temperature is equal to or below (see at least FIG. 7 S2: “cooling water temperature > set temperature” [Wingdings font/0xE0] No) the predetermined temperature and the battery SOC of the battery is equal to or higher than (see at least FIG. 7 S3: “SOC>Quantity?” [Wingdings font/0xE0] Yes) a first threshold value.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fujiwara to incorporate the teachings of Tomita to use an electric heater and motor an engine using an electric motor to heat a catalyst. Doing so would “allow the temperature … to be raised more quickly”, as recognized by Tomita in paragraph [0040].
Regarding claim 3, the combination of Fujiwara and Tomita teach The hybrid vehicle control method according to claim 1.
Fujiwara further teach wherein a heat output of the electrically heated catalytic converter is changed (see at least [0032]: “a part of the catalyst heating energy EHEAT … [is] supplied by the battery 194”) according to the battery SOC of the battery (see at least [0032]: “when the battery 194 does not have a remaining capacity sufficient to heat the catalyst by energizing the EHC 206”).
Regarding claim 4, the combination of Fujiwara and Tomita teach The hybrid vehicle control method according to claim 1.
Fujiwara further teach wherein the temperature of the electrically heated catalytic converter is increased by driving the internal combustion engine (see at least [0051]: “the engine 150 supplies … the energy required for catalyst heating.”) without energizing the electrically heated catalytic converter when the battery SOC of the battery is lower than (see at least [0042]: “the remaining capacity SOC of the battery 194 … is smaller than the running energy …. In this state, the battery 194 cannot supply the energy required for catalyst heating …. The missing energy, i.e., … the energy required for catalyst heating … [is] supplied by the engine 150”) the second threshold value (see at least [0033]: “if the remaining capacity SOC of the battery is equal to or less than the driving energy EDRIVE”).
Regarding claim 6, Fujiwara teach A hybrid vehicle control device (see at least FIG. 1: the system comprising control unit 190, EFIECU 170, transistor inverter 193, remaining capacity detector 199) for controlling a hybrid vehicle (see at least FIG. 1, [0014]: “a hybrid vehicle”) configured to travel while an internal combustion engine (see at least FIG. 1: engine 150) having an exhaust passage (see at least FIG. 1: exhaust port 202) is stopped,
the hybrid vehicle including an electric motor (see at least FIG. 1: motors MG1, MG2), a battery (see at least FIG. 1: battery 194), and an electrically heated catalytic converter (see at least FIG. 1: catalytic converter 204, electric catalyst heater (EHC) 206),
the electric motor (see at least [0018]: “motor MG1 operates as an electric motor … and in some cases operates as a generator”; [0019]: “the motor MG2 also operates as an electric motor or a generator”) being coupled to the internal combustion engine and configured to generate power by being driven by the internal combustion engine (see at least [0024]: “generating electricity with the motor MG1 by operating the engine 150”),
the battery being configured to be charged (see at least [0006]: “a secondary battery which … is charged … as the vehicle runs”; [0020]: “MG1 … [is] electrically connected to a battery 194”), and
the electrically heated catalytic converter being provided to the exhaust passage and that generates heat due to being energized with electricity from the battery (see at least [0015]: “for heating the catalyst by applying electricity from the battery”),
the hybrid vehicle control device comprising:
a control unit (see at least FIG. 1: control unit 190) configured to control at least one of energization of the electrically heated catalytic converter (see at least [0031]: “if battery 194 has a remaining capacity that is sufficient to heat the catalyst while maintaining driving, control unit 190 … supplies electricity to EHC 206”) and driving of the internal combustion engine in accordance with a battery SOC of the battery in order to increase a temperature of the electrically heated catalytic converter when a catalyst temperature of the electrically heated catalytic converter falls to or below a predetermined temperature (see at least [0026]: “The temperature T0 is the activation temperature of the catalyst… . If the catalyst bed temperature is equal to or lower than temperature T0, the catalyst needs to be heated before starting the engine 150, so a catalyst heading process … is carried out”) while the hybrid vehicle is traveling (see at least [0025]: “power is required for traveling, such as during acceleration or climbing a slope”),
the control unit being further configured to
energize (see at least [0031]: “control unit 190 sets the amount of electricity supplied to EHC 206 to the maximum value”) the electrically heated catalytic converter to increase the temperature (see at least [0015]: “for heating the catalyst by applying electricity from the battery”) of the electrically heated catalytic converter and using the electric motor (see at least [0006]: “drive the electric motor”) when the catalyst temperature is equal to or below (see at least FIG. 4: S315 “Catalyst bed temperature > T0?” = No [Wingdings font/0xE0] S400 “Catalyst heat treatment”; FIG. 5: S400 [Wingdings font/0xE0] [Wingdings font/0xE0] [Wingdings font/0xE0] S460 “EHC power on”) the predetermined temperature and the battery SOC of the battery is equal to or higher than a first threshold (see at least FIG. 5 step S420: “SOC>EHEAT+DRIVE?”; [0031]: “if the battery 194 has a remaining capacity that is sufficient to heat the catalyst while maintaining driving”) value, and
energize the electrically heated catalytic converter and drive the internal combustion engine to increase the temperature of the electrically heated catalytic converter (see at least [0040]: “This corresponds to the case of step S430 … the remaining capacity of the battery 194 … is greater than the driving energy … . In this state, the battery 194 can supply only a portion of the energy required for heating the catalyst … . The energy deficiency … is supplied by the engine 150”) when the catalyst temperature is equal to or below (see at least FIG. 4: S315 “Catalyst bed temperature > T0?” = No [Wingdings font/0xE0] S400 “Catalyst heat treatment”; FIG. 5: S400 [Wingdings font/0xE0] [Wingdings font/0xE0] [Wingdings font/0xE0] S430 “Rapid warm-up operation”) the predetermined temperature and the battery SOC of the battery is lower than (see at least [0032]: “When the remaining capacity SOC of the battery 194 is … less than the sum of the catalyst heating energy EHEAT and the traveling energy EDRIVE”) the first threshold value and equal to or higher than a second threshold value (see at least [0029]: “traveling energy EDRIVE”; FIG. 5 step S425: “SOC>EDRIVE”; [0032]: “whether the remaining capacity SOC of the battery 194 is greater than the traveling energy EDRIVE”), the second threshold value being smaller than the first threshold value.
However, Fujiwara does not explicitly teach with electric power generated by the electric motor;
motoring the internal combustion engine.
Tomita teach a battery configured to be charged with electric power generated by the electric motor (see at least [0011]: “a motor generator that charges the battery”);
energizing (see at least [0040]: "The ECU 50 drives the heater 46 during motoring operation.") the electrically heated catalytic converter (see at least FIG. 8: catalyst 43a; FIG. 6, 8: heater 46; [0008]: “a heater is provided in the catalyst”) to increase the temperature (see at least [0040]: “this allows the temperature ... to be raised”) of the electrically heated catalytic converter and motoring (see at least FIG. 7 S4: “engine motoring”; [0007]: “motoring engine using the motor generator”) the internal combustion engine (see at least FIG. 3: engine 20) using the electric motor (see at least FIG. 3: motor 10) when the catalyst temperature is equal to or below (see at least FIG. 7 S2: “cooling water temperature > set temperature” [Wingdings font/0xE0] No) the predetermined temperature and the battery SOC of the battery is equal to or higher than (see at least FIG. 7 S3: “SOC>Quantity?” [Wingdings font/0xE0] Yes) a first threshold value.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fujiwara to incorporate the teachings of Tomita to use an electric heater and motor an engine using an electric motor to heat a catalyst. Doing so would “allow the temperature … to be raised more quickly”, as recognized by Tomita in paragraph [0040].
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The reason for allowance over the prior art of record is based on the claims of 10/20/2025. The closest prior art is Fujiwara (JP H10288028 A). Fujiwara discloses energizing a heater and driving an electric motor if the state of charge of a battery is above a threshold and a catalyst temperature is below a threshold and energizing a heater and driving an internal combustion engine if the state of charge of they battery is between thresholds and a catalyst temperature is below a threshold (see Fujiwara FIGS. 4 and 5), but Fujiwara does not explicitly teach motoring the internal combustion engine when the state of charge of a battery is above a threshold and the catalyst temperature is above a threshold.
Regarding claim 7, taken individually or in combination with other prior art, fails to teach or render obvious a
The hybrid vehicle control method according to claim 1, further comprising
when the catalyst temperature is above the predetermined temperature and the battery SOC of the battery is equal to or higher than a first threshold value, motoring the internal combustion engine using the electric motor without energizing the electrically heated catalytic converter to reduce the SOC of the battery.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Prior art previously presented:
Nakagawa et al. (US 20020123831 A1) teaches a system that motors an engine with an electric motor when battery charge is above a threshold (see paragraphs [0011], [0013], and [0028]).
Fushiki (US 20130297138 A1) teaches a hybrid vehicle that reduces the electrical power required for motoring an internal combustion engine (see paragraphs [0014] and [0015]).
Adler et al. (US 5461289 A) teaches a system that motors an internal combustion engine using energy stored in a battery (see column 3 line 64 – column 4 line 2).
Teraya (US 20110120789 A1) teaches a system that motors an internal combustion engine with an electric motor as part of a pre-engine-start procedure (see paragraph [0010]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE ALCORN whose telephone number is (571) 270-3763. The examiner can normally be reached M-F, 9:30 am – 6:30 pm est.
Examiner Interview 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, Jelani Smith can be reached at (571) 270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE A ALCORN III/Examiner, Art Unit 3662
/JELANI A SMITH/Supervisory Patent Examiner, Art Unit 3662