DETAILED ACTION
The following is a response to the amendment filed 2/3/2026 which has been entered.
Response to Amendment
Claims 1, 3-6, 8-17, 19, 21 and 22 are pending in the application. Claims 2, 7, 18 and 20 are cancelled.
-The specification objection has been partly withdrawn due to applicant amending the specification.
-The 112(b) rejection has been partly withdrawn due to applicant amending claims 4-6, 8, 9, 12, 14, 17 and 19 accordingly.
-The 101 rejection has been withdrawn due to applicant amending claims 1, 5, 6, 8, 9, 12, 14 and 15 accordingly.
-The 102 rejection has been withdrawn due to applicant amending claim 1 with limitations not disclosed by the prior art of record used in the rejection.
Specification
The amendment filed 2/3/26 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
-in paragraph [0054] …..”where the term"in-situ" refers to a condition in which the vehicle is in a stationary state with the transmission in a P gear or an N gear and a throttle opening exceeds a predetermined threshold.
-in paragraph [0093] “evaporative emission canister”
Applicant is required to cancel the new matter in the reply to this Office Action.
Note: if applicant can point out where support for the above additions can be found in the original specification as filed, then examiner will withdraw objection. The examiner appreciates applicant’s attempt to clarify the meaning of the terms “in-situ” and “canister” (or at least what type of canister is being referred to); however, the examiner recommends applicant cancel the terms “in-situ” and “canister” from claims if support for the “meanings” isn’t in the original filed specification.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 16 and 17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
-Claim 16 recites the limitation “too large load of an evaporative emission canister,……”. Please clarify where support for this limitation is provided in the original disclosure as filed. The examiner appreciates applicant’s attempt to clarify the meaning of the term “canister” (or at least what type of canister is being referred to); however, the examiner recommends applicant cancel the term from claims if support for the “meaning” isn’t in the original filed disclosure.
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.
Claims 16 and 17 are 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 16 recites the limitation “too large load of an evaporative emission canister,……”. Please clarify where support for this limitation is provided in the original disclosure as filed. The examiner appreciates applicant’s attempt to clarify the meaning of the term “canister” (or at least what type of canister is being referred to); however, the examiner recommends applicant cancel the term from claims if support for the “meaning” isn’t in the original filed disclosure.
Allowable Subject Matter
Claims 1, 3-6, 8-17, 19, 21 and 22 are allowed via prior art purposes only.
The following is an examiner’s statement of reasons for allowance: the prior art of record doesn’t disclose or render obvious a motivation to provide for:
-an engine start-stop control method for a hybrid electric vehicle having a processor control program obtaining a target parameter or signal, which is engine start-stop related; determining whether an engine start-stop related event occurs according to that parameter or signal; in response to that the engine start-stop related event occurs, determining a level of the related event; and performing engine start-stop control according to the related event and the level; wherein the related start-stop event has at least one of an energy management related event, a driving behavior related event, an engine state related event, an external controller request event, and other condition related events; the level of the engine start-stop related event includes a first level and a higher second level; when the level of the engine start-stop related event is the first level, the step of performing engine start-stop control according to the related event and the level includes: keeping the engine in operation under the condition that the engine has operated; when the level of the engine related event is the second level, the step of performing engine start-stop control according to the related event and the level thereof includes: requesting and controlling the engine to start under the condition that the engine has stopped; the level of the external controller request start-stop event is the second level having at least one of air conditioner controller request start and driver leaving request start; the target signal has a start request signal of an air conditioner controller; the step of determining, according to the target parameter, whether an engine related event occurs includes: when the start request signal of the air conditioner controller is received, determining that the conditioner controller request start occurs; and/or the target parameter includes a current operating state of the vehicle, a current vehicle speed and a driver state; and the step of determining, according to the target parameter, whether an engine related event occurs includes: when the current operating state of the vehicle is a driving cycle activation state, the current vehicle speed is 0, and the driver state is leaving, determining that the driver leaving request start occurs and in combination with the limitations exactly as written in claim 1.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 March 7, 2026