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 .
Election/Restrictions
Applicant’s election of Species I in the reply filed on December 2, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Applicant submitted that claims 1-3 read on Species I. However, Examiner notes that claim 1 reads on nonelected Species V which requires the deterioration estimation unit. Therefore, claim 1 is not generic, and only claims 2-3 read on Species I and are being examined herein.
Claims 1 and 4-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 2, 2025.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation "the silicon oxide" in line 17 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 2-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kato et al. (JP 2014025803 A) (references herein made with respect to English Machine Translation), as evidenced by Applicant’s specification with respect to claim 3.
Regarding claim 2, Kato teaches a sensor control unit for a gas sensor disposed in an exhaust pipe in an internal combustion engine of a vehicle (an ECU 30 for a gas sensor 50 disposed in an exhaust pipe 29 in an internal combustion engine 1 of a vehicle, Fig. 1, para. [0022], [0026]-[0027], [0029]), the gas sensor having a sensor cell provided with an exhaust gas electrode exposed to an exhaust gas, an atmosphere side electrode exposed to an atmospheric air and a solid electrolyte interposed therebetween on which the exhaust gas electrode and the atmosphere side electrode are disposed facing each other (the gas sensor 50 includes an oxygen concentration detection cell provided with a measurement electrode 64a exposed to an exhaust gas, a reference electrode 64b exposed to atmospheric reference gas, and a solid electrolyte body 62 interposed therebetween on which the measurement electrode 64a and the reference electrode 64b are disposed facing each other, Fig. 2, para. [0030]-[0031], [0034]), and a heater that heats the sensor cell (the gas sensor 50 includes a heater unit 70 for heating the sensor element 60 including the oxygen concentration detection cell, Fig. 2, para. [0030], [0032]),
the sensor control unit (the ECU 30 is an engine control unit, Fig. 1, para. [0035]) comprising:
a heater control unit that controls the heater for heating the sensor cell (the ECU 30 also functions as a heater control device 80 including a heater control unit 82 and a heater drive circuit 84 which control the heater unit 70 for heating the sensor element 60, Figs. 1-3, para. [0036]-[0038]), wherein
the heater control unit heats, during combustion operation of the internal combustion engine, the sensor cell to be at an operation control temperature (when the internal combustion engine 1 is in operation, the heater control device 80 executes a normal temperature-raising process which heats the sensor element 60 to a normal control temperature within a temperature range of 650°C to 800°C for activation of the sensor element 60, Figs. 2-3, para. [0037], [0039], [0043]), and heats, during a combustion stop period of the internal combustion engine, the sensor cell to be at an operation stop control temperature higher than the operation control temperature (after the internal combustion engine 1 is stopped, the heater control device 80 executes a special temperature-raising process which heats the sensor element 60 to a temperature higher than the normal control temperature by a predetermined value T1, Figs. 2-3, para. [0037], [0040]; the predetermined value T1 is in the range of 10°C to 100°C, para. [0014], [0040]).
The limitation “the heater control unit is configured to produce cracks in a silicon oxide adhered to the atmosphere side electrode by heating the sensor cell to be at the operation stop control temperature” is an intended result (produce cracks in a silicon oxide adhered to the atmosphere side electrode) of a positively recited step (heating the sensor cell to be at the operation stop control temperature), and does not further limit the method or steps. In method claims, it is the overall method steps that are given patentable weight and not the intended result thereof because the intended result does not materially alter the overall method. In method claims, the intended result is not given patentable weight when it simply expresses the intended result of a process step positively recited. See MPEP § 2111.04. In this case, Kato teaches that the heater control device 80 executes a special temperature-raising process which heats the sensor element 60 to a temperature higher than the normal control temperature by a predetermined value T1 in order to remove particulate matter PM that has entered and accumulated in the sensor element 60 of the gas sensor 50 (Figs. 2-3, para. [0037], [0040]), so Kato is expected to predictably yield the same intended result of producing cracks in a silicon oxide adhered to the atmosphere side electrode as claimed.
Furthermore, the limitation “produce cracks in a silicon oxide adhered to the atmosphere side electrode” is with respect to an article worked upon (silicon oxide) and not a positively recited element of the sensor control unit. Inclusion of the material or article worked upon (silicon oxide) by a structure (sensor control unit) being claimed does not impart patentability to the claims. MPEP § 2115.
Regarding claim 3, Kato teaches a sensor control unit for a gas sensor disposed in an exhaust pipe in an internal combustion engine of a vehicle (an ECU 30 for a gas sensor 50 disposed in an exhaust pipe 29 in an internal combustion engine 1 of a vehicle, Fig. 1, para. [0022], [0026]-[0027], [0029]), the gas sensor having a sensor cell provided with an exhaust gas electrode exposed to an exhaust gas, an atmosphere side electrode exposed to an atmospheric air and a solid electrolyte interposed therebetween on which the exhaust gas electrode and the atmosphere side electrode are disposed facing each other (the gas sensor 50 includes an oxygen concentration detection cell provided with a measurement electrode 64a exposed to an exhaust gas, a reference electrode 64b exposed to atmospheric reference gas, and a solid electrolyte body 62 interposed therebetween on which the measurement electrode 64a and the reference electrode 64b are disposed facing each other, Fig. 2, para. [0030]-[0031], [0034]), and a heater that heats the sensor cell (the gas sensor 50 includes a heater unit 70 for heating the sensor element 60 including the oxygen concentration detection cell, Fig. 2, para. [0030], [0032]),
the sensor control unit (the ECU 30 is an engine control unit, Fig. 1, para. [0035]) comprising:
a heater control unit that controls the heater for heating the sensor cell (the ECU 30 also functions as a heater control device 80 including a heater control unit 82 and a heater drive circuit 84 which control the heater unit 70 for heating the sensor element 60, Figs. 1-3, para. [0036]-[0038]), wherein
the heater control unit heats, during combustion operation of the internal combustion engine, the sensor cell to be at an operation control temperature (when the internal combustion engine 1 is in operation, the heater control device 80 executes a normal temperature-raising process which heats the sensor element 60 to a normal control temperature within a temperature range of 650°C to 800°C for activation of the sensor element 60, Figs. 2-3, para. [0037], [0039], [0043]), and heats, during a combustion stop period of the internal combustion engine, the sensor cell to be at an operation stop control temperature higher than the operation control temperature (after the internal combustion engine 1 is stopped, the heater control device 80 executes a special temperature-raising process which heats the sensor element 60 to a temperature higher than the normal control temperature by a predetermined value T1, Figs. 2-3, para. [0037], [0040]; the predetermined value T1 is in the range of 10°C to 100°C, para. [0014], [0040]); and
the operation stop control temperature is set to be a temperature higher than a temperature at which a thermal stress produced on a boundary surface between the atmosphere side electrode and the silicon oxide adhered to the atmosphere side electrode is larger than a tensile stress inherent in the silicon oxide itself and lower than a temperature at which a crystal structure of the solid electrolyte changes (the special temperature-raising process heats the sensor element 60 to a temperature higher than the normal control temperature by a predetermined value T1 in order to remove particulate matter PM that has entered and accumulated in the sensor element 60 of the gas sensor 50, Kato, Figs. 2-3, para. [0037], [0040]; the predetermined value T1 is in the range of 10°C to 100°C, Kato, para. [0014], [0040]; the normal control temperature is within a temperature range of 650°C to 800°C, Kato, para. [0039], so the special temperature-raising process raises the temperature by the predetermined value T1 to reach a temperature range of 660°C to 900°C; the reference electrode 64b is made of platinum and the solid electrolyte body 62 is made of zirconia, Kato, Fig. 2, para. [0031]). As evidenced by Applicant’s instant specification, when the atmosphere side electrode is formed of platinum, the operation stop control temperature (660°C to 950°C) may be set to be 60°C or more larger than the operation control temperature (600°C to 800°C) in order to have the thermal stress produced between the atmosphere side electrode and the silicon oxide poisoning film to exceed the tensile stress of silicon oxide (para. [0081]-[0082], [0091]-[0092] of the instant US PGPub). As evidenced by Applicant’s instant specification, when the solid electrolyte is formed of zirconia, the temperature at which the crystal structure of zirconia constituting the solid electrolyte changes is in a range from 950°C to 1200°C (para. [0093]-[0094] of the instant US PGPub). Since Kato teaches the same materials and temperatures as those disclosed by Applicant’s instant specification, then the operation stop control temperature in the special temperature-raising process of Kato (660°C to 900°C) is higher than a temperature at which a thermal stress produced on a boundary surface between the platinum reference electrode 64b and silicon oxide adhered to the platinum reference electrode 64b is larger than a tensile stress inherent in the silicon oxide itself and lower than a temperature at which a crystal structure of the zirconia solid electrolyte 62 changes, as evidenced by Applicant’s instant specification.
Furthermore, the limitation “the silicon oxide adhered to the atmosphere side electrode” is with respect to an article worked upon (silicon oxide) and not a positively recited element of the sensor control unit. Inclusion of the material or article worked upon (silicon oxide) by a structure (sensor control unit) being claimed does not impart patentability to the claims. MPEP § 2115.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIVIAN A TRAN whose telephone number is (571)272-3232. The examiner can normally be reached Mon - Fri 9am-5pm.
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/V.T./Examiner, Art Unit 1794
/JAMES LIN/Supervisory Patent Examiner, Art Unit 1794