CTFR 18/432,642 CTFR 98909 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-151 AIA 26-51 12-51 Status of Claims This action is reply to the Application Number 18/432,642 filed on 03/16/2026. Claims 1 – 20 are currently pending and have been examined. Claims 1 – 4, 6, 7, 9, 11, 15, 17 and 20 have been amended. This action is made FINAL. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 1 – 14 are rejected under 35 U.S.C. 103 as being unpatentable over Lor et al. (US 20180264970 A1) , further in view of Bruhn et al. (US 11414066 B2) and Bai et al. (US 11180152 B1) . Regarding claim 1 , Lor teaches a vehicle system for determining a secondary axle torque of a hybrid vehicle, (Lor: Paragraph 0066: “ A hybrid module 228 may determine how much of the one or more axle torque requests 224 should be produced by the engine 102 and how much of the one or more axle torque requests 224 should be produced by the electric motor 198. ”) the vehicle system comprising: one or more sensors configured to detect a driver torque request; and (Lor: Paragraph 0063: “ Referring now to FIG. 2, a functional block diagram of an example engine control system is presented. The ECM 114 includes a driver torque module 204 that determines a driver torque request 208 based on driver input 212. The driver input 212 may include, for example, an accelerator pedal position (APP), a brake pedal position (BPP), and/or cruise control input. ”) a controller in communication with the one or more sensors, the controller configured to: (Lor: Paragraph 0006: “ In a feature, an electric motor control system for a vehicle is described. ”: Paragraph 0061: “ The ECM 114 may communicate with a transmission control module 194 to coordinate shifting gears in a transmission (not shown). For example, the ECM 114 may reduce engine torque during a gear shift. The ECM 114 may communicate with a hybrid control module 196 to coordinate operation of the engine 102 and one or more electric motors, such as electric motor 198. ”) receive data from the one or more sensors indicative of the driver torque request; (Lor: Paragraph 0063: “ Referring now to FIG. 2, a functional block diagram of an example engine control system is presented. The ECM 114 includes a driver torque module 204 that determines a driver torque request 208 based on driver input 212. The driver input 212 may include, for example, an accelerator pedal position (APP), a brake pedal position (BPP), and/or cruise control input. ”) … calculate a secondary torque target (Lor: Paragraph 0066: “ A hybrid module 228 may determine how much of the one or more axle torque requests 224 should be produced by the engine 102 and how much of the one or more axle torque requests 224 should be produced by the electric motor 198.” ) for the secondary axle (taught by Bruhn) based on the calculated primary torque target and the driver torque request; and (Lor: Paragraph 0062: “ The ECM 114 generates the target values for the engine actuators to cause the engine 102 to generate a target engine output torque. ”; Paragraph 0066: “ A hybrid module 228 may determine how much of the one or more axle torque requests 224 should be produced by the engine 102 and how much of the one or more axle torque requests 224 should be produced by the electric motor 198. The example of the electric motor 198 will be continued for simplicity, but multiple electric motors may be used. The hybrid module 228 outputs one or more engine torque requests 232 to a propulsion torque arbitration module 236. The engine torque requests 232 indicate a requested torque output of the engine 102. The hybrid module 228 also outputs a motor torque request 234 to the hybrid control module 196. The motor torque request 234 indicates a requested torque output (positive or negative) of the electric motor 198. ”, Supplemental Note: The ECM dictates the torque targets for the engine) generate a secondary torque command to drive the secondary axle based on the calculated secondary torque target and the driver torque request (Lor: Paragraph 0066: “ A hybrid module 228 may determine how much of the one or more axle torque requests 224 should be produced by the engine 102 and how much of the one or more axle torque requests 224 should be produced by the electric motor 198. The example of the electric motor 198 will be continued for simplicity, but multiple electric motors may be used. The hybrid module 228 outputs one or more engine torque requests 232 to a propulsion torque arbitration module 236. The engine torque requests 232 indicate a requested torque output of the engine 102. The hybrid module 228 also outputs a motor torque request 234 to the hybrid control module 196. The motor torque request 234 indicates a requested torque output (positive or negative) of the electric motor 198. ”). In sum, Lor teaches a vehicle system for determining a secondary axle torque of a hybrid vehicle, the vehicle system comprising: one or more sensors configured to detect a driver torque request; and a controller in communication with the one or more sensors, the controller configured to: receive data from the one or more sensors indicative of the driver torque request; calculate a secondary torque target for the secondary axle based on the calculated primary torque target and the driver torque request; and generate a secondary torque command to drive the secondary axle based on the calculated secondary torque target and the driver torque request. Lor however does not teach the hybrid vehicle including a primary axle driven by an engine and a secondary axle driven by an electric motor. Bruhn teaches the hybrid vehicle including a primary axle driven by an engine and a secondary axle driven by an electric motor, (Bruhn: Col. 6, lines 7 – 21: “ FIG. 1 shows a schematic view of a hybrid vehicle 101 with a driven rear axle, although the invention is also applicable to hybrid vehicles in general comprising an electric storage system as described in the subsequent text. The vehicle 101 is provided with a powertrain 102 which comprises an internal combustion engine (ICE) 103, a clutch 104, an electric machine (EM) 105, a gearbox 106, a driven axle 107 connected to a pair of traction wheels 107a, 107b and a steerable front axle 108. The driven axle 107 is connected to an output shaft of the electric machine 105 via the gearbox 106. An output shaft of the ICE 103 is connected to an input shaft of the electric machine 105 via the clutch 104. The vehicle can comprise further driven or non-driven rear axles (not shown in FIG. 1). ”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Bruhn with a reasonable expectation of success. One of ordinary skill in the art would find having two drive axles as taught by Bruhn versus the specified one drive axle of Lor to be merely combining prior art elements according to known methods to yield predictable results. The axles are used in both prior art to be connected to a power source (engine or electric motor) used to drive the vehicle. Having different power sources for an axle still results in the predictable result of driving the vehicle. Lor in view of Bruh however still do not teach to calculate a primary torque target for the primary axle based on an optimal engine torque and a gear ratio between the engine and the primary axle driven by the engine. Bai teaches calculate a primary torque target for the primary axle based on an optimal engine torque (Bai: Abstract: “ A fuel management system includes a memory and a control module. The memory stores fuel rate maps for multiple firing fractions, where: each of the firing fractions corresponds to a respective firing pattern of an engine; at least some of the firing patterns include deactivating one or more cylinders ”; Col. 10, lines 34 – 39: “ At 404, the CTC module 214 may impose constraints on engine fuel rate maps (e.g., BSFC maps or other fuel rate related maps) to obtain operable regions for each of multiple different firing fractions. The engine fuel rate maps are provided that satisfy the minimum engine output torque to satisfy the total requested output torque. ”, Supplemental Note: the fuel rate maps provide minimum engine output torque which are interpreted as the optimal engine torque) and a gear ratio between the engine and the primary axle driven by the engine (Bai: Col. 8, lines 13 – 20: “ The transmission 302 may have any number of gears with respective transmission gear ratios (or simply transmission ratios). In one embodiment, the transmission is a continuously variable transmission (CVT) that is able to seamlessly transition through a continuous range of gear ratios. An output shaft of transmission 302 is coupled to an input of a differential gear 304. Differential gear 304 drives axles and wheels 300. ”; Abstract: “ The control module: for each of the firing fractions, determines a fuel efficiency value for each of multiple transmission gear ratios, where fuel efficiency values are provided for transmission ratio and firing fraction pairs; applies drive ability constraints to provide resultant transmission ratio and firing fraction pairs; subsequent to applying the drive ability constraints and based on the fuel efficiency values, selects one of the resultant transmission ratio and firing fraction pairs; and concurrently operates a transmission and the engine according to the selected one of the transmission ratio and firing fraction pairs. ”; Col. 13, lines 51 – 56 : “ At 422, the CTC module 214 selects one of the remaining transmission ratio and firing fraction pairs that (i) satisfies the minimum engine output torque to satisfy the total requested output torque, and (ii) has the best (or maximum) fuel efficiency relative to the other remaining transmission ratio and firing fraction pairs. ”, Supplemental Note: based on the fuel rate map, transmission ratios and fuel efficiency values, the transmission ratio is determined to be applied to the vehicle). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Bai with a reasonable expectation of success. Bai teaches the ability of acquiring fuel rate maps, transmission ratios and fuel efficiency values to determine the best transmission ratio to apply to the vehicle Bai teaches this method to improve fuel economy of the vehicle ( Bai: Col. 1, lines 16 – 27 ). One of ordinary skill in the art would find it obvious to try to implement this function of Bai with the vehicle system of Lor as to improve its vehicle’s fuel efficiency. Lor teaches an hybrid vehicle in which it is able to determine torque targets for the engine and electric motor. Combining this function of Bai allows the vehicle to travel with increased fuel economy when operating the engine. Higher fuel economy decreases the amount of refuels needed along a route and therefore increase the efficiency of the vehicle. Regarding claim 2 , Lor, as modified, teaches wherein the controller is configured to: determine a secondary torque limit (Lor: Abstract: “ A motor torque module is configured to: produce a limited CL torque by limiting the CL torque to a predetermined torque limit when a magnitude of the CL torque is greater than a magnitude of the predetermined torque limit; ”, Supplemental Note: the torque limit is predetermined) calculate the secondary torque target based on the calculated primary torque target, the driver torque request, and the secondary torque limit (Lor: Paragraph 0016: “ an electric motor control method for a vehicle includes: determining a road load torque to maintain zero vehicle acceleration; determining a closed loop (CL) torque based on a difference between a target vehicle speed and a vehicle speed; producing a limited CL torque by limiting the CL torque to a predetermined torque limit when a magnitude of the CL torque is greater than a magnitude of the predetermined torque limit; at least one of: when the vehicle speed is within a predetermined low speed range and a magnitude of the road load torque is less than a magnitude of a predetermined maximum torque, adjusting the predetermined torque limit toward the predetermined maximum torque; and when the vehicle speed is within the predetermined low speed range and the magnitude of the road load torque is greater than the magnitude of the predetermined maximum torque, adjusting the predetermined torque limit toward zero; determining a motor torque command based on the limited CL torque and a motor torque request determined based on a position of an accelerator pedal; and based on the motor torque command, controlling switching of an inverter and applying power to an electric motor of the vehicle. ”; Paragraph 0062: “ The ECM 114 generates the target values for the engine actuators to cause the engine 102 to generate a target engine output torque. ”; Paragraph 0072: “ The CL module 320 may include, for example, a proportional integral (PI) controller that determines the CL torque 312 based on the difference between the vehicle speed 324 and the target vehicle speed 328. For example, the CL module 320 may generate the CL torque 312 to adjust the vehicle speed 324 toward or to the target vehicle speed 328. Stated another way, the CL module 320 may generate the CL torque 312 to adjust a difference between the vehicle speed 324 and the target vehicle speed 328 toward or to zero. While the example of a PI controller is provided, another suitable CL controller may be used ”; Paragraph 0095: “FIG. 4 is a functional block diagram of an example implementation of the motor torque module 304. A rate limiting module 412 produces a rate limited CL torque 416 by rate limiting changes in the CL torque 312 from control loop to control loop to a predetermined maximum amount. More specifically, when the rate limited CL torque 416 is less than the CL torque 312, the rate limiting module 412 increases the rate limited CL torque 416 toward the CL torque 312 by up to a first maximum amount per control loop. When the rate limited CL torque 416 is greater than the CL torque 312, the rate limiting module 412 decreases the rate limited CL torque 416 toward the CL torque 312 by up to a second maximum amount per control loop. The rate limiting module 412 sets the rate limited CL torque 416 to the CL torque 312 when a difference between the rate limited CL torque 416 and the CL torque 312 is less than the one of the first and second maximum amounts. In various implementations, the rate limiting module 412 may not rate limit the CL torque 312 and set the rate limited CL torque 416 equal to the CL torque 312.” , Supplemental Note: the torque limits are determined based on the position of the accelerator pedal and the ECM calculating a target engine output torque. The CL module uses this information to determine a CL torque for the electric motor. The CL rate limited torque is maximized to the predetermined maximum amount per the control loop). In sum, Lor teaches wherein the control module is configured to: determine a secondary torque limit calculate the secondary torque target based on the calculated primary torque target, the driver torque request, and the secondary torque limit. Lor however does not teach the secondary axle. Bruhn teaches for the secondary axle; and (Bruhn: Col. 6, lines 7 – 21: “ FIG. 1 shows a schematic view of a hybrid vehicle 101 with a driven rear axle, although the invention is also applicable to hybrid vehicles in general comprising an electric storage system as described in the subsequent text. The vehicle 101 is provided with a powertrain 102 which comprises an internal combustion engine (ICE) 103, a clutch 104, an electric machine (EM) 105, a gearbox 106, a driven axle 107 connected to a pair of traction wheels 107a, 107b and a steerable front axle 108. The driven axle 107 is connected to an output shaft of the electric machine 105 via the gearbox 106. An output shaft of the ICE 103 is connected to an input shaft of the electric machine 105 via the clutch 104. The vehicle can comprise further driven or non-driven rear axles (not shown in FIG. 1). ”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Bruhn with a reasonable expectation of success. Please refer to the claim rejection of claim 1 as both claim the same function and therefore rejected under the same pretenses. Regarding claim 3 , Lor, as modified, teaches wherein the controller is configured to determine whether the secondary torque exceeds the secondary torque limit; and in response to determining the secondary torque exceeds the secondary torque limit, set the secondary torque target to the secondary torque limit (Lor: Paragraph 0094: “ the motor torque module 304 determines the motor torque command 308 based on the motor torque request 234, the CL torque 312, and the FF torque 316. A switching control module 370 controls switching of switches of the inverter module 256 to control power flow to and from the electric motor 198 based on the motor torque command 308. ”; Paragraph 0095: “FIG. 4 is a functional block diagram of an example implementation of the motor torque module 304. A rate limiting module 412 produces a rate limited CL torque 416 by rate limiting changes in the CL torque 312 from control loop to control loop to a predetermined maximum amount. More specifically, when the rate limited CL torque 416 is less than the CL torque 312, the rate limiting module 412 increases the rate limited CL torque 416 toward the CL torque 312 by up to a first maximum amount per control loop. When the rate limited CL torque 416 is greater than the CL torque 312, the rate limiting module 412 decreases the rate limited CL torque 416 toward the CL torque 312 by up to a second maximum amount per control loop. The rate limiting module 412 sets the rate limited CL torque 416 to the CL torque 312 when a difference between the rate limited CL torque 416 and the CL torque 312 is less than the one of the first and second maximum amounts. In various implementations, the rate limiting module 412 may not rate limit the CL torque 312 and set the rate limited CL torque 416 equal to the CL torque 312. ”, Supplemental Note: the motor torque control module controls the torque from the electric motor. As shown in Figure A below and cited in the example above, the rate limiting module (412) is able to adjust the torque based on the maximum torque amount per control loop. This is interpreted to teach the claim limitation as it allows the limiting of the electric motor torque). PNG media_image1.png 656 988 media_image1.png Greyscale Figure A: Lor: Fig. 4 Regarding claim 4 , Lor, as modified, teaches wherein the controller is configured to receive a plurality of conditions associated with the hybrid vehicle and determine the secondary torque limit based on the received conditions (Lor: Abstract: “ when the vehicle speed is within a predetermined low speed range and a magnitude of the road load torque is greater than or less than a magnitude of a predetermined maximum torque, adjust the predetermined torque limit ;”; Paragraph 0006: “ A motor torque module is configured to: produce a limited CL torque by limiting the CL torque to a predetermined torque limit when a magnitude of the CL torque is greater than a magnitude of the predetermined torque limit; at least one of: when the vehicle speed is within a predetermined low speed range and a magnitude of the road load torque is less than a magnitude of a predetermined maximum torque, adjust the predetermined torque limit toward the predetermined maximum torque; and when the vehicle speed is within the predetermined low speed range and the magnitude of the road load torque is greater than the magnitude of the predetermined maximum torque, adjust the predetermined torque limit toward zero; and determine a motor torque command based on the limited CL torque and a motor torque request determined based on a position of an accelerator pedal. ”; Paragraph 0069: “ The hybrid control module 196 controls switching of an inverter module 256 based on the motor torque request 234. Switching of the inverter module 256 controls power flow from an energy storage device (ESD) 260, such as one or more batteries, to the electric motor 198. As such, switching of the inverter module 256 controls torque of the electric motor 198. The inverter module 256 also converts power generated by the electric motor 198 and outputs power to the ESD 260, for example, to charge the ESD 260. ”:, Supplemental Note: the conditions are the position of the acceleration pedal, the vehicle’s current speed and the amount of motor torque requested controls the power flow from an energy storage device to output power for the motor, thus evaluating the state of charge of the battery. The various predetermined torque limits adjust due these factors affecting the vehicle’s speed). Regarding claim 5 , Lor, as modified, teaches wherein the plurality of conditions include a state of charge of a battery associated with the electric motor, a speed of the hybrid vehicle, and a torque limit of the electric motor (Lor: Abstract: “ when the vehicle speed is within a predetermined low speed range and a magnitude of the road load torque is greater than or less than a magnitude of a predetermined maximum torque, adjust the predetermined torque limit ;”; Paragraph 0006: “ A motor torque module is configured to: produce a limited CL torque by limiting the CL torque to a predetermined torque limit when a magnitude of the CL torque is greater than a magnitude of the predetermined torque limit; at least one of: when the vehicle speed is within a predetermined low speed range and a magnitude of the road load torque is less than a magnitude of a predetermined maximum torque, adjust the predetermined torque limit toward the predetermined maximum torque; and when the vehicle speed is within the predetermined low speed range and the magnitude of the road load torque is greater than the magnitude of the predetermined maximum torque, adjust the predetermined torque limit toward zero; and determine a motor torque command based on the limited CL torque and a motor torque request determined based on a position of an accelerator pedal. ”; Paragraph 0069: “ The hybrid control module 196 controls switching of an inverter module 256 based on the motor torque request 234. Switching of the inverter module 256 controls power flow from an energy storage device (ESD) 260, such as one or more batteries, to the electric motor 198. As such, switching of the inverter module 256 controls torque of the electric motor 198. The inverter module 256 also converts power generated by the electric motor 198 and outputs power to the ESD 260, for example, to charge the ESD 260. ”:, Supplemental Note: the conditions are the position of the acceleration pedal, the vehicle’s current speed and the amount of motor torque requested controls the power flow from an energy storage device to output power to the motor, thus evaluating the state of charge of the battery). Regarding claim 6 , Lor, as modified, teaches wherein the controller is configured to generate a primary torque command to drive the primary axle (Lor: Paragraph 0062: “ The ECM 114 generates the target values for the engine actuators to cause the engine 102 to generate a target engine output torque. ”; Paragraph 0063: “The driver input 212 may include, for example, an accelerator pedal position (APP), a brake pedal position (BPP), and/or cruise control input.”; Paragraph 0064: “ The driver torque request 208 is an axle torque request. Axle torques (including axle torque requests) refer to torque at the wheels. ”; Paragraph 0066: “ A hybrid module 228 may determine how much of the one or more axle torque requests 224 should be produced by the engine 102 and how much of the one or more axle torque requests 224 should be produced by the electric motor 198. ”; Paragraph 0068: “ An actuator control module 248 controls actuators 252 of the engine 102 based on the propulsion torque requests 244. Based on the propulsion torque requests 244, the actuator control module 248 may control opening of the throttle valve 112, timing of spark provided by spark plugs, timing and amount of fuel injected by fuel injectors, cylinder actuation/deactivation, intake and exhaust valve phasing, output of one or more boost devices (e.g., turbochargers, superchargers, etc.), opening of the EGR valve 170, and/or one or more other engine actuators. In various implementations, the propulsion torque requests 244 may be adjusted or modified before use by the actuator control module 248, such as to create a torque reserve. ”, Supplemental Note: the optimal engine torque is specified by the ECM. The hybrid control module further determines how much torque should be provided between the engine and the electric motor based on the desired torque by the driver configuring the accelerator pedal). Regarding claim 7 , Lor, as modified, teaches wherein the controller is configured to calculate the primary torque target for the primary axle based on the optimal engine torque and a condition associated with a transmission connected to the engine (Lor: Paragraph 0062: “ The ECM 114 generates the target values for the engine actuators to cause the engine 102 to generate a target engine output torque. ”; Paragraph 0063: “The driver input 212 may include, for example, an accelerator pedal position (APP), a brake pedal position (BPP), and/or cruise control input.”; Paragraph 0064: “ The driver torque request 208 is an axle torque request. Axle torques (including axle torque requests) refer to torque at the wheels. ”; Paragraph 0066: “ A hybrid module 228 may determine how much of the one or more axle torque requests 224 should be produced by the engine 102 and how much of the one or more axle torque requests 224 should be produced by the electric motor 198. ”; Paragraph 0068: “ An actuator control module 248 controls actuators 252 of the engine 102 based on the propulsion torque requests 244. Based on the propulsion torque requests 244, the actuator control module 248 may control opening of the throttle valve 112, timing of spark provided by spark plugs, timing and amount of fuel injected by fuel injectors, cylinder actuation/deactivation, intake and exhaust valve phasing, output of one or more boost devices (e.g., turbochargers, superchargers, etc.), opening of the EGR valve 170, and/or one or more other engine actuators. In various implementations, the propulsion torque requests 244 may be adjusted or modified before use by the actuator control module 248, such as to create a torque reserve. ”, Supplemental Note: the optimal engine torque is specified by the ECM. The hybrid control module further determines how much torque should be provided between the engine and the electric motor based on the desired torque by the driver configuring the accelerator pedal). Regarding claim 8 , Lor, as modified, teaches a hybrid vehicle comprising the vehicle system of claim 1 (Lor: Paragraph 0066: “ A hybrid module 228 may determine how much of the one or more axle torque requests 224 should be produced by the engine 102 and how much of the one or more axle torque requests 224 should be produced by the electric motor 198. ”). Regarding claim 9 , Lor teaches a method for determining a secondary axle torque of a hybrid vehicle, (Lor: Paragraph 0066) the method comprising: receiving data from one or more sensors indicative of a driver torque request; (Lor: Paragraph 0063) … calculating a secondary torque target (Lor: Paragraph 0066) for the secondary axle (taught by Bruhn) based on the calculated primary torque target and the driver torque request; and (Lor: Paragraph 0062; Paragraph 0066, Supplemental Note: The ECM dictates the torque targets for the engine) generating a secondary torque command to drive the secondary axle based on the calculated secondary torque target and the driver torque request (Lor: Paragraph 0066). In sum, Lor teaches a method for determining a secondary axle torque of a hybrid vehicle, the method comprising: receiving data from one or more sensors indicative of a driver torque request; calculating a secondary torque target for the secondary axle based on the calculated primary torque target and the driver torque request; and generating a secondary torque command to drive the secondary axle based on the calculated secondary torque target and the driver torque request. Lor however does not teach the hybrid vehicle including a primary axle driven by an engine and a secondary axle driven by an electric motor. Bruhn teaches the hybrid vehicle including a primary axle driven by an engine and a secondary axle driven by an electric motor, (Bruhn: Col. 6, lines 7 – 21). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Bruhn with a reasonable expectation of success. Please refer to the claim rejection of claim 1 as both claim the same function and therefore rejected under the same pretenses. Lor in view of Bruh however still do not teach to calculating a primary torque target for the primary axle based on an optimal engine torque and a gear ratio between the engine and the primary axle driven by the engine. Bai teaches calculating a primary torque target for the primary axle based on an optimal engine torque; (Bai: Abstract, Supplemental Note: the fuel rate maps provide minimum engine output torque which are interpreted as the optimal engine torque) and a gear ratio between the engine and the primary axle driven by the engine (Bai: Col. 8, lines 13 – 20; Abstract; Col. 13, lines 51 – 56, Supplemental Note: based on the fuel rate map, transmission ratios and fuel efficiency values, the transmission ratio is determined to be applied to the vehicle). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Bai with a reasonable expectation of success. Please refer to the claim rejection of claim 1 as both claim the same function and therefore rejected under the same pretenses. Regarding claim 10 , Lor, as modified, teaches wherein: the method further comprises determining a secondary torque limit (Lor: Abstract, Supplemental Note: the torque limit is predetermined) calculating the secondary torque target includes the secondary torque target for the secondary axle based on the calculated primary torque target, the driver torque request, and the secondary torque limit. (Lor: Paragraph 0016; Paragraph 0062; Paragraph 0072; Paragraph 0095, Supplemental Note: the torque limits are determined based on the position of the accelerator pedal and the ECM calculating a target engine output torque. The CL module uses this information to determine a CL torque for the electric motor. The CL rate limited torque is maximized to the predetermined maximum amount per the control loop). In sum, Lor teaches wherein: the method further comprises determining a secondary torque limit calculating the secondary torque target includes the secondary torque target for the secondary axle based on the calculated primary torque target, the driver torque request, and the secondary torque limit. Lor however does not teach the secondary axle. Bruhn teaches for the secondary axle; and (Bruhn: Col. 6, lines 7 – 21). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Bruhn with a reasonable expectation of success. Please refer to the claim rejection of claim 1 as both claim the same function and therefore rejected under the same pretenses. Regarding claim 11 , Lor, as modified, teaches further comprising; determining whether the secondary torque exceeds the secondary torque limit; and in response to determining the secondary torque exceeds the secondary torque limit, setting the secondary torque target to the secondary torque limit (Lor: Paragraph 0094: Paragraph 0095, Supplemental Note: the motor torque control module controls the torque from the electric motor. As shown in Figure A and cited in the example above, the rate limiting module (412) is able to adjust the torque based on the maximum torque amount per control loop. This is interpreted to teach the claim limitation as it allows the limiting of the electric motor torque). Regarding claim 12 , Lor, as modified, teaches the method further comprises receiving a plurality of conditions associated with the hybrid vehicle; and determining the secondary torque limit includes determining the secondary torque limit based on the received conditions (Lor: Abstract; Paragraph 0006; Paragraph 0069, Supplemental Note: the conditions are the position of the acceleration pedal, the vehicle’s current speed and the amount of motor torque requested controls the power flow from an energy storage device to output power for the motor, thus evaluating the state of charge of the battery. The various predetermined torque limits adjust due these factors affecting the vehicle’s speed). Regarding claim 13 , Lor, as modified, teaches wherein the plurality of conditions include a state of charge of a battery associated with the electric motor, a speed of the hybrid vehicle, and a torque limit of the electric motor (Lor: Abstract; Paragraph 0006; Paragraph 0069, Supplemental Note: the conditions are the position of the acceleration pedal, the vehicle’s current speed and the amount of motor torque requested controls the power flow from an energy storage device to output power to the motor, thus evaluating the state of charge of the battery). Regarding claim 14 , Lor, as modified, teaches further comprising generating a primary torque command to drive the primary axle. (Lor: Paragraph 0062; Paragraph 0063; Paragraph 0064; Paragraph 0066; Paragraph 0068, Supplemental Note: the optimal engine torque is specified by the ECM. The hybrid control module further determines how much torque should be provided between the engine and the electric motor based on the desired torque by the driver configuring the accelerator pedal) 07-21-aia AIA Claim s 15, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lor et al. (US 20180264970 A1) , further in view of Bruhn et al. (US 11414066 B2), Piper et al. (US 11305752 B2) and Masahiko et al. (JP 3588424 B2) . Regarding claim 15 , Lor teaches calculating an expected secondary torque limit (Lor: Paragraph 0066: “ A hybrid module 228 may determine how much of the one or more axle torque requests 224 should be produced by the engine 102 and how much of the one or more axle torque requests 224 should be produced by the electric motor 198. The example of the electric motor 198 will be continued for simplicity, but multiple electric motors may be used. The hybrid module 228 outputs one or more engine torque requests 232 to a propulsion torque arbitration module 236. The engine torque requests 232 indicate a requested torque output of the engine 102. The hybrid module 228 also outputs a motor torque request 234 to the hybrid control module 196. The motor torque request 234 indicates a requested torque output (positive or negative) of the electric motor 198. ”; Paragraph 0069: “ The hybrid control module 196 controls switching of an inverter module 256 based on the motor torque request 234. Switching of the inverter module 256 controls power flow from an energy storage device (ESD) 260, such as one or more batteries, to the electric motor 198. As such, switching of the inverter module 256 controls torque of the electric motor 198. The inverter module 256 also converts power generated by the electric motor 198 and outputs power to the ESD 260, for example, to charge the ESD 260. ”, Supplemental Note: under normal conditions, the energy storage device is able to power the electric motor). In sum, Lor teaches in response to determining the fault condition is not present, calculating an expected secondary torque limit. Lor however does not teach a secondary axle of a hybrid vehicle. Bruhn teaches a secondary axle of a hybrid vehicle (Bruhn: Col. 6, lines 7 – 21: “ FIG. 1 shows a schematic view of a hybrid vehicle 101 with a driven rear axle, although the invention is also applicable to hybrid vehicles in general comprising an electric storage system as described in the subsequent text. The vehicle 101 is provided with a powertrain 102 which comprises an internal combustion engine (ICE) 103, a clutch 104, an electric machine (EM) 105, a gearbox 106, a driven axle 107 connected to a pair of traction wheels 107a, 107b and a steerable front axle 108. The driven axle 107 is connected to an output shaft of the electric machine 105 via the gearbox 106. An output shaft of the ICE 103 is connected to an input shaft of the electric machine 105 via the clutch 104. The vehicle can comprise further driven or non-driven rear axles (not shown in FIG. 1). ”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Bruhn with a reasonable expectation of success. Please refer to the claim rejection of claim 1 as both claim the same function and therefore rejected under the same pretenses. Lor in view of Bruhn however still do not teach A method for diagnosing a reason for being unable to use an electric motor to drive a secondary axle of a hybrid vehicle while maintaining an engine for a primary axle of the hybrid vehicle at a defined torque range during catalyst light-off (CLO), the method comprising: determining whether a secondary torque request for the secondary axle is constrained; in response to the secondary torque request being constrained, determining whether a fault condition is present; for the secondary axle determining whether an actual secondary torque limit for the secondary axle is greater than the expected secondary torque limit for the secondary axle; and in response to the actual secondary torque limit being less than the expected secondary torque limit, generating an emissions alert indicating CLO diagnostics to execute normally. Piper teaches a method for diagnosing a reason for being unable to use an electric motor to drive a secondary axle of a hybrid vehicle (taught by Bruhn) while maintaining an engine for a primary axle of the hybrid vehicle at a defined torque range during catalyst light-off (CLO), the method comprising: (Piper: “ A system for emissions mitigation for a hybrid automobile vehicle includes an automobile vehicle provided with motive power from: a battery pack; an engine; and a controller in communication with the battery pack and the engine. A threshold battery pack state-of-charge (SOC) is predetermined. A minimum battery pack SOC is less than the threshold battery pack SOC. An engine-on charge depletion (EOCD) command is issued by the controller to start the engine in an engine-catalyst light-off operation condition when the vehicle is operating using power from the battery pack and when the threshold battery pack state-of-charge (SOC) is reached to mitigate against exceeding vehicle emissions standards. ”: Col. 3, lines 3 – 17: “ According to several aspects, a method of operating a system for emissions mitigation for a hybrid automobile vehicle includes: measuring battery metrics of a battery pack during operation of the automobile vehicle using power of the battery pack; confirming if a capability reduction of the battery pack has occurred; if a response to the confirming step is YES indicating a capability reduction of the battery pack has occurred, identifying an SOC transition point and an adjusted SOC transition point defining a threshold battery pack SOC; automatically starting the engine when the threshold battery pack SOC is reached before a charge-depletion/charge-sustaining transition point defining the SOC transition point is reached; and operating the engine until the engine reaches a predetermined minimum threshold temperature. ”) determining whether a secondary torque request (Piper: Col. 3, lines 3 – 17: “ According to several aspects, a method of operating a system for emissions mitigation for a hybrid automobile vehicle includes: measuring battery metrics of a battery pack during operation of the automobile vehicle using power of the battery pack; confirming if a capability reduction of the battery pack has occurred; if a response to the confirming step is YES indicating a capability reduction of the battery pack has occurred, identifying an SOC transition point and an adjusted SOC transition point defining a threshold battery pack SOC; automatically starting the engine when the threshold battery pack SOC is reached before a charge-depletion/charge-sustaining transition point defining the SOC transition point is reached; and operating the engine until the engine reaches a predetermined minimum threshold temperature. ”; Col. 4, lines 4 – 9: “ a system for emissions mitigation for a hybrid automobile vehicle 10 includes an apparatus for emissions mitigation on a hybrid vehicle 12. The hybrid vehicle (HV) 12 includes at least one driven wheel 14 which is rotated by operation of an electric motor 16. Motive power for operation of the electric motor 16 may be provided by a battery pack 18 having multiple battery cells and may be supplemented with power from an engine 20 such as a gasoline engine or a diesel engine. ”; Col. 4, lines 26 – 38: “ When the HV 12 is operating using power from the battery pack 18, battery power will be reduced. This power reduction is exacerbated at extended battery pack life and when ambient temperature approaches a coldest ambient temperature of approximately −40 degrees F. It is anticipated to avoid battery pack depletion by initiating operation of the engine 20 before the battery pack 18 reaches a minimum battery pack state-of-charge (SOC). The SOC is defined as a ratio of a residual charge in the battery pack 18 relative to a full battery pack charge capacity. According to several aspects the minimum battery pack SOC may be approximately 16% SOC, and this value can vary above or below 16% SOC. ”, Supplemental Note: the electric battery powers the electric motor to move the vehicle. The SOC of the battery determines whether or not the electric motor can be provided enough power to drive the vehicle and the desired power. The power is transitioned to the engine prior to reaching the charge-depletion/charge-sustaining transition point) for the secondary axle (taught by Bruhn) is constrained; in response to the secondary torque request being constrained, determining whether a fault condition is present; (Piper: Col. 3, lines 3 – 17: “ According to several aspects, a method of operating a system for emissions mitigation for a hybrid automobile vehicle includes: measuring battery metrics of a battery pack during operation of the automobile vehicle using power of the battery pack; confirming if a capability reduction of the battery pack has occurred; if a response to the confirming step is YES indicating a capability reduction of the battery pack has occurred, identifying an SOC transition point and an adjusted SOC transition point defining a threshold battery pack SOC; automatically starting the engine when the threshold battery pack SOC is reached before a charge-depletion/charge-sustaining transition point defining the SOC transition point is reached; and operating the engine until the engine reaches a predetermined minimum threshold temperature. ”, Supplemental Note: the power is transitioned to the engine prior to reaching the charge-depletion/charge-sustaining transition point. The SOC of the battery reaching this point is interpreted as it being constrained and the fault condition) for the secondary axle; (taught by Bruhn) determining whether an actual secondary torque limit for the secondary axle (taught by Bruhn) is greater than the expected secondary torque limit for the secondary axle; and (Piper: Col. 3, lines 3 – 17: “ According to several aspects, a method of operating a system for emissions mitigation for a hybrid automobile vehicle includes: measuring battery metrics of a battery pack during operation of the automobile vehicle using power of the battery pack; confirming if a capability reduction of the battery pack has occurred; if a response to the confirming step is YES indicating a capability reduction of the battery pack has occurred, identifying an SOC transition point and an adjusted SOC transition point defining a threshold battery pack SOC; automatically starting the engine when the threshold battery pack SOC is reached before a charge-depletion/charge-sustaining transition point defining the SOC transition point is reached; and operating the engine until the engine reaches a predetermined minimum threshold temperature. ”, Supplemental Note: the power is transitioned to the engine prior to reaching the charge-depletion/charge-sustaining transition point. The SOC of the battery reaching this point is interpreted as it being constrained and the fault condition and sets the actual torque limit as the battery unable to power the electric motor to deliver the desired torque) in response to the actual secondary torque limit being less than the expected secondary torque limit, generating an emissions alert indicating CLO diagnostics to execute normally (Piper: Col. 6, lines 14 – 24: “ a first step 28 measuring battery metrics of the battery pack 18. In a second step 30 based on the battery metrics a determination is made if a capability reduction of the battery pack 18 has occurred. If a response to the second step 30 is NO indicating a capability reduction of the battery pack 18 has not occurred, in a third step 32 a CD-CS transition point P.sub.1 at a predefined beginning-of-life (BOL) target for a cold start is executed. In a fourth step 34 a run-normal CSER catalyst light-off (CLO) is then performed. In a fifth step 36 the engine 20 is run normally in a charge-sustaining (CS) mode. ”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Piper with a reasonable expectation of success. One of ordinary skill in the art would find it obvious to try to implement the hybrid vehicle system of Piper with the hybrid vehicle system of Lor. Piper teaches the ability to determine if the state of charge of the battery is insufficient to provide the desired power and therefore utilizes the engine in those conditions. Lor teaches the ability of hybrid controller able to determine torque targets for both the engine and electric motor, thus in combination with Piper, the controller will be able to determine that the electric motor is incapable of providing the desired power due to the poor SOC of the battery and in-turn operate the vehicle with the engine instead until the battery reaches the SOC required. Piper teaches this ability to mitigate against exceeding vehicle emission standards as the engine is able to power the vehicle under idle conditions prior to transitioning to a charge sustaining operation (Piper: Col. 6, lines 55 – 67) . Lor in view Piper however do not teach in response to the secondary torque request being constrained, determining whether a communication fault condition is present: in response to determining the communication fault condition is not present. Mashiko teaches in response to the secondary torque request being constrained, determining whether a communication fault condition is present: in response to determining the communication fault condition is not present, (Mashiko: Paragraph 0044: “ if the line pressure decreases for some reason, the input of the hybrid control unit 190 is limited to the allowable input shaft torque pTin, so that the hybrid control unit 190 determines the sum of the torques of the engine and the electric motor. ”; Paragraph 0034: “ In the present embodiment, in addition to the configuration shown in FIG. 2, the driving force control unit 100A includes a switch circuit 170, a subtraction unit 175, an integrator 180, and an addition unit 185. The switch circuit 170 is used for protection when the line pressure sensor 56 fails. ”; Paragraph 0005: “ A line pressure detecting means for detecting a line pressure acting on the transmission to be controlled; and a driving force control means for calculating an allowable driving torque for the transmission based on the line pressure detected by the line pressure detecting means ”, Supplemental Note: the line pressure sensor is able to detect pressure acting on the transmission to be controlled. The line pressure sensor is able to determine if the line pressure fails or not, interpreted as a communication failure as the line pressure cannot be read therefore transmission cannot be controlled). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Masahiko with a reasonable expectation of success. Masahiko teaches the ability of determining the line pressure sensor to detect the line pressure acting on a transmission to further control the allowable input shaft torque. The condition of the line pressure sensor itself is also determined on whether it fails or not. Lor similarly teaches the ability of the controlling the torque of a transmission shaft used to propel the vehicle ( Lor: Paragraph 0037 ). Since both Lor and Masahiko are controlling the torque of the transmission shaft, one of ordinary skill in the art would find the use of the line pressure sensor of Masahiko as a use of a known technique to improve similar methods in the same way. For example, Masahiko is able to utilize the line pressure to determine the allowable drivable torque and the condition of the sensor, this ability to detect a failure of a sensor is an improvement of the current vehicle of Lor. For example, the line pressure sensor can be equivalent to any of the pressure sensors used by Lor which also effect the ability to determining a motor torque command. The ability to determine which of these sensors fail, as performed by the line pressure sensor taught by Masahiko, increases the efficiency of the vehicle of Lor and therefore an improvement. Regarding claim 16 , Lor, as modified, does not teach a secondary axle. Bruhn teaches for the secondary axle (Bruhn: Col. 6, lines 7 – 21: “ FIG. 1 shows a schematic view of a hybrid vehicle 101 with a driven rear axle, although the invention is also applicable to hybrid vehicles in general comprising an electric storage system as described in the subsequent text. The vehicle 101 is provided with a powertrain 102 which comprises an internal combustion engine (ICE) 103, a clutch 104, an electric machine (EM) 105, a gearbox 106, a driven axle 107 connected to a pair of traction wheels 107a, 107b and a steerable front axle 108. The driven axle 107 is connected to an output shaft of the electric machine 105 via the gearbox 106. An output shaft of the ICE 103 is connected to an input shaft of the electric machine 105 via the clutch 104. The vehicle can comprise further driven or non-driven rear axles (not shown in FIG. 1). ”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Bruhn with a reasonable expectation of success. Please refer to the claim rejection of claim 1 as both claim the same function and therefore rejected under the same pretenses. Lor in view of Bruhn however still do not teach wherein determining whether the secondary torque request is constrained includes: determining whether the secondary torque request is different than a secondary torque target for the secondary axle for a defined set of reasons; and in response to the secondary torque request being different than the secondary torque target for a reason not found in the defined set of reasons, determining the secondary torque request is constrained due to a secondary torque limit. Piper teaches wherein determining whether the secondary torque request is constrained includes: determining whether the secondary torque request is different than a secondary torque target for the secondary axle (taught by Bruhn) for a defined set of reasons; and (Piper: Col. 4, lines 4 – 9: “ a system for emissions mitigation for a hybrid automobile vehicle 10 includes an apparatus for emissions mitigation on a hybrid vehicle 12. The hybrid vehicle (HV) 12 includes at least one driven wheel 14 which is rotated by operation of an electric motor 16. Motive power for operation of the electric motor 16 may be provided by a battery pack 18 having multiple battery cells and may be supplemented with power from an engine 20 such as a gasoline engine or a diesel engine. ”; Col. 4, lines 26 – 38: “ When the HV 12 is operating using power from the battery pack 18, battery power will be reduced. This power reduction is exacerbated at extended battery pack life and when ambient temperature approaches a coldest ambient temperature of approximately −40 degrees F. It is anticipated to avoid battery pack depletion by initiating operation of the engine 20 before the battery pack 18 reaches a minimum battery pack state-of-charge (SOC). The SOC is defined as a ratio of a residual charge in the battery pack 18 relative to a full battery pack charge capacity. According to several aspects the minimum battery pack SOC may be approximately 16% SOC, and this value can vary above or below 16% SOC. ”; Col. 6, lines 11 – 17: “ a method for operating the system for emissions mitigation for a hybrid automobile vehicle 10 includes in a first step 28 measuring battery metrics of the battery pack 18. In a second step 30 based on the battery metrics a determination is made if a capability reduction of the battery pack 18 has occurred. ”, Supplemental Note: the electric battery powers the electric motor to move the vehicle. The SOC of the battery determines whether or not the electric motor can be provided enough power to drive the vehicle and the desired power) in response to the secondary torque request being different than the secondary torque target for a reason not found in the defined set of reasons, determining the secondary torque request is constrained due to a secondary torque limit (Piper: Col. 6, lines 25 – 40: “ if a response to the second step 30 is YES indicating a capability reduction of the battery pack 18 has occurred, in a sixth step 38 the SOC transition point P.sub.1 is identified, and an adjusted SOC transition point P.sub.2 defining the threshold battery pack SOC is generated. In a seventh step 409 the engine 20 is automatically turned on before the CD-CS transition point P.sub.1 of 16% is reached, for example at the threshold battery pack state-of-charge (SOC) of approximately 25% defining the adjusted SOC transition point P.sub.2. In an eighth step 42 a run-normal CSER catalyst light-off (CLO) is then performed with the engine 20 operated in the “light” mode. In a ninth step 44 the engine 20 is continued to be operated in the “light” mode until the SOC reaches a predetermined battery charge-sustaining (CS) state. In a tenth step 46 the engine 20 is maintained in operation in the battery CS state. ”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Piper with a reasonable expectation of success. As stated for claim 15, one of ordinary skill in the art would find it obvious to try to implement the hybrid vehicle system of Piper with the hybrid vehicle system of Lor. Piper teaches the ability to determine if the state of charge of the battery is insufficient to provide the desired power, interpret that as a fault, and therefore utilizes the engine in those conditions. Lor teaches the ability of hybrid controller able to determine torque targets for both the engine and electric motor, thus in combination with Piper, the controller will be able to determine that there is fault in which the electric motor is incapable of providing the desired power due to the poor SOC of the battery and in-turn operate the vehicle with the engine instead until the battery reaches the SOC required. Piper teaches this ability to mitigate against exceeding vehicle emission standards as the engine is able to power the vehicle under idle conditions prior to transitioning to a charge sustaining operation (Piper: Col. 6, lines 55 – 67) , while also being able to a poor SOC of the battery insufficient to provide the desired power, in-turn increasing the battery’s life. Regarding claim 20 , Lor, as modified, does not teach further comprising, in response to determining the fault condition is present. Mashiko teaches further comprising, in response to determining the communication fault condition is present, (Mashiko: Paragraph 0044: “ if the line pressure decreases for some reason, the input of the hybrid control unit 190 is limited to the allowable input shaft torque pTin, so that the hybrid control unit 190 determines the sum of the torques of the engine and the electric motor. ”; Paragraph 0034: “ In the present embodiment, in addition to the configuration shown in FIG. 2, the driving force control unit 100A includes a switch circuit 170, a subtraction unit 175, an integrator 180, and an addition unit 185. The switch circuit 170 is used for protection when the line pressure sensor 56 fails. ”; Paragraph 0005: “ A line pressure detecting means for detecting a line pressure acting on the transmission to be controlled; and a driving force control means for calculating an allowable driving torque for the transmission based on the line pressure detected by the line pressure detecting means ”, Supplemental Note: the line pressure sensor is able to detect pressure acting on the transmission to be controlled. The line pressure sensor is able to determine if the line pressure fails or not, interpreted as a communication failure as the line pressure cannot be read therefore transmission cannot be controlled). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Mashiko with a reasonable expectation of success. Please refer to the claim rejection of claim 16 as both claim the same function and therefore rejected under the same pretenses. Lor in view of Piper however still do not teach generating an emissions alert indicating CLO diagnostics is paused without an emission penalty. Bruhn teaches generating an emissions alert indicating CLO diagnostics is paused without an emission penalty (Bruhn: Col. 1, lines 43 – 55: “ An OBD system monitors some functions every time the ICE is operated, while other functions are checked under certain driving or operating conditions. Some checks are “continuous” or “intermittent” and are ongoing all the time. Continuous checks can be: Misfire monitoring to detect ignition and fuel related misfires that may cause emissions to increase and/or damage to the catalytic converter. Fuel system monitoring to detect changes in fuel mixture that may cause emissions to increase. Comprehensive component monitoring to detect any major faults in engine sensors that may cause emissions to increase. ”; Col. 1, lines 27 – 38: “ The test performed are often referred to as a “monitor”. If a monitor is not passed, then the OBD system will calculate a ratio between the number of attempted monitors and successful monitors. The ratio should preferably be 10% for 50% of a fleet of vehicles. The OBD system can also set an error code in the form of a diagnostic trouble code (DTC) containing information about some malfunctions and store it in a memory for subsequent retrieval by a technician. Certain error codes will cause generation of an error message to notify the driver directly, usually by turning on a malfunction indicator lamp (MIL) on the dashboard. ”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Bruhn with a reasonable expectation of success. Please refer to the claim rejection of claim 18 as both claim the same function and therefore rejected under the same pretenses . 07-22-aia AIA Claim s 17 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lor et al. (US 20180264970 A1) in view of Bruhn et al. (US 11414066 B2) and Piper et al. (US 11305752 B2) as applied to claim 15 above, and further in view of Whitney et al. (US 20140100728 A1) . Regarding claim 17 , Lor, as modified, does not teach wherein: the communication fault condition is a first fault condition. Mashiko teaches wherein: the communication fault condition is a first fault condition; and (Mashiko: Paragraph 0044: “ if the line pressure decreases for some reason, the input of the hybrid control unit 190 is limited to the allowable input shaft torque pTin, so that the hybrid control unit 190 determines the sum of the torques of the engine and the electric motor. ”; Paragraph 0034: “ In the present embodiment, in addition to the configuration shown in FIG. 2, the driving force control unit 100A includes a switch circuit 170, a subtraction unit 175, an integrator 180, and an addition unit 185. The switch circuit 170 is used for protection when the line pressure sensor 56 fails. ”; Paragraph 0005: “ A line pressure detecting means for detecting a line pressure acting on the transmission to be controlled; and a driving force control means for calculating an allowable driving torque for the transmission based on the line pressure detected by the line pressure detecting means ”, Supplemental Note: the line pressure sensor is able to detect pressure acting on the transmission to be controlled. The line pressure sensor is able to determine if the line pressure fails or not, interpreted as a communication failure as the line pressure cannot be read therefore transmission cannot be controlled). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Masahiko with a reasonable expectation of success. Please refer to the claim rejection of claim 15 as both claim the same function and therefore rejected under the same pretenses. Lor in view of Masahiko however still do not teach the method further comprises, in response to the secondary torque request being different than the secondary torque target for one of the defined set of reasons, determining whether a second fault condition is present whereas Whitney does. Whitney teaches the method further comprises, in response to the secondary torque request being different than the secondary torque target for one of the defined set of reasons, determining whether a second fault condition is present (Whitney: Abstract: “ A method of warming a catalyst of an exhaust gas treatment system of a hybrid vehicle includes transitioning a rotational speed of an engine to within a pre-defined speed range with an electric motor, and reducing an engine manifold pressure to within a pre-defined pressure range. The engine is fueled after the rotational speed of the engine is within the pre-defined speed range, and the engine manifold pressure is within the pre-defined pressure range. While the engine is being fueled, the engine manifold pressure is increased to within a catalyst light-off pressure range, and the torque output of the engine is increased to within a catalyst light-off operating torque range. ”; Paragraph 0013: “ The cold start emission strategy includes transitioning a rotational speed of the engine to within a pre-defined speed range with the electric motor, while the vehicle is being propelled by torque from the electric motor. Accordingly, it should be appreciated that the electric motor is providing torque to propel the vehicle, while simultaneously spinning the engine up to within the pre-defined speed range. ”; Paragraph 0025: “ When the Hybrid Engine Start Stop Information: Engine Start Stop Mode value is defined as the Enable Fuel mode 48, the HCP should blend the Hybrid Commanded Engine Torque Immediate value from the Engine Torque Minimum Capacity value 44 to the Hybrid Commanded Engine Torque Predicted value 40, which is indicated by line segment 56. This is done to manage the torque transition from negative torque to the positive torque CLO operating point, i.e., to within the catalyst light-off operating torque range 54. When the engine torque is ramped up, the hybrid controls will have the chance to react against it with the electric motor(s) and provide a pleasing feel in axle torque to the driver. Due to fueling delays and spark retard authority, the ECM may not be able to fully control the engine torque to the level requested by the Hybrid Commanded Engine Torque Immediate value, generally shown by line 52, but it will provide a target for the ECM to follow in transitioning to the positive torque CLO operating point. ”, Supplemental Note: the second fault, which per specification paragraph 0058 may be an override relating to drive quality constraints, is interpreted as the rotational speed of the engine not being fully controlled to reach the levels reached by the Hybrid Command Engine Torque Immediate value, thus reaching this level by the electric motor). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Whitney with a reasonable expectation of success. One of ordinary skill in the art would find it obvious to try to implement the method of providing torque from the electric motor to drive the vehicle and turn the engine in a “silent start” condition as to warming a catalyst of an exhaust gas treatment system taught by Whitney with the hybrid vehicle system of Lor. The catalyst converts majority of the emissions coming out of an engine to be converted to a clean output, the catalyst convertor however must be heated to or above a light-off temperature (Whitney: Paragraphs 0002 – 0003) . The electric motor providing vehicle torque and turning the engine allows for lower emissions going through the catalyst till a point the catalyst is properly heated where the torque is further distributed between the electric motor and engine. This method of Whitney reduces the amount of harmful emissions exhausted into the environment due to identifying a fault of the catalyst is not being warm enough, thus would be obvious to try with the hybrid vehicle system of Lor by one of ordinary skill in the art. Regarding claim 18 , Lor, as modified, does not teach further comprising, in response to determining the second fault condition is not present whereas Whitney does. Whitney teaches further comprising, in response to determining the second fault condition is not present, (Whitney: Paragraph 0011: “ The method includes sensing or estimating a temperature of the catalyst. The temperature of the catalyst may be sensed in any suitable manner, including with one or more temperature sensors, or estimated based upon a model of the exhaust gas treatment system. The temperature of the catalyst is sensed to determine if the temperature of the catalyst is less than the light-off temperature, or if the temperature of the catalyst is greater than the light-off temperature. If the temperature of the catalyst is greater than the light-off temperature, then a cold start emissions strategy does not need to be executed in order to heat the catalyst. However, if the temperature of the catalyst is below the light-off temperature, then the cold start emissions strategy may be executed so that the heat from the exhaust gas from the engine heats the catalyst. The cold start emission strategy is employed to heat the catalyst when the vehicle is operating under certain conditions. ”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Whitney with a reasonable expectation of success. Please refer to the claim rejection of claim 17 as both claim the same function and therefore rejected under the same pretenses. Lor in view of Whitney however still do not teach generating an emissions alert indicating CLO diagnostics is paused with an emission penalty whereas Bruhn does. Bruhn teaches generating an emissions alert indicating CLO diagnostics is paused with an emission penalty (Bruhn: Col. 1, lines 43 – 55: “ An OBD system monitors some functions every time the ICE is operated, while other functions are checked under certain driving or operating conditions. Some checks are “continuous” or “intermittent” and are ongoing all the time. Continuous checks can be: Misfire monitoring to detect ignition and fuel related misfires that may cause emissions to increase and/or damage to the catalytic converter. Fuel system monitoring to detect changes in fuel mixture that may cause emissions to increase. Comprehensive component monitoring to detect any major faults in engine sensors that may cause emissions to increase. ”; Col. 1, lines 27 – 38: “ The test performed are often referred to as a “monitor”. If a monitor is not passed, then the OBD system will calculate a ratio between the number of attempted monitors and successful monitors. The ratio should preferably be 10% for 50% of a fleet of vehicles. The OBD system can also set an error code in the form of a diagnostic trouble code (DTC) containing information about some malfunctions and store it in a memory for subsequent retrieval by a technician. Certain error codes will cause generation of an error message to notify the driver directly, usually by turning on a malfunction indicator lamp (MIL) on the dashboard. ”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Bruhn with a reasonable expectation of success. One with knowledge in the art would find it obvious to try to implement the hybrid vehicle system of Bruhn with the hybrid vehicle of Lor as to being able to alert the driver about the emissions from their vehicle and further determining any major faults made to the catalytic converter. The system of Bruhn would allow the vehicle system of Lor to be able to diagnose the hybrid vehicle and alert the driver of any faults within the system. This improves the life of the vehicle as faults can be diagnosed and areas of repairs can be identified, thus would be obvious to try to combine with the vehicle system of Lor. Regarding claim 19 , Lor, as modified, does not teach further comprising, in response to determining the second fault condition is present whereas Whitney does. Whitney teaches further comprising, in response to determining the second fault condition is present, (Whitney: Paragraph 0011: “ The method includes sensing or estimating a temperature of the catalyst. The temperature of the catalyst may be sensed in any suitable manner, including with one or more temperature sensors, or estimated based upon a model of the exhaust gas treatment system. The temperature of the catalyst is sensed to determine if the temperature of the catalyst is less than the light-off temperature, or if the temperature of the catalyst is greater than the light-off temperature. If the temperature of the catalyst is greater than the light-off temperature, then a cold start emissions strategy does not need to be executed in order to heat the catalyst. However, if the temperature of the catalyst is below the light-off temperature, then the cold start emissions strategy may be executed so that the heat from the exhaust gas from the engine heats the catalyst. The cold start emission strategy is employed to heat the catalyst when the vehicle is operating under certain conditions. ”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Whitney with a reasonable expectation of success. Please refer to the claim rejection of claim 17 as both claim the same function and therefore rejected under the same pretenses. Lor in view of Whitney however still do not teach generating the emissions alert indicating CLO diagnostics is paused without an emission penalty. Bruhn teaches generating the emissions alert indicating CLO diagnostics is paused without an emission penalty (Bruhn: Col. 1, lines 43 – 55: “ An OBD system monitors some functions every time the ICE is operated, while other functions are checked under certain driving or operating conditions. Some checks are “continuous” or “intermittent” and are ongoing all the time. Continuous checks can be: Misfire monitoring to detect ignition and fuel related misfires that may cause emissions to increase and/or damage to the catalytic converter. Fuel system monitoring to detect changes in fuel mixture that may cause emissions to increase. Comprehensive component monitoring to detect any major faults in engine sensors that may cause emissions to increase. ”; Col. 1, lines 27 – 38: “ The test performed are often referred to as a “monitor”. If a monitor is not passed, then the OBD system will calculate a ratio between the number of attempted monitors and successful monitors. The ratio should preferably be 10% for 50% of a fleet of vehicles. The OBD system can also set an error code in the form of a diagnostic trouble code (DTC) containing information about some malfunctions and store it in a memory for subsequent retrieval by a technician. Certain error codes will cause generation of an error message to notify the driver directly, usually by turning on a malfunction indicator lamp (MIL) on the dashboard. ”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have been modified the invention disclosed by Lor with the teachings of Bruhn with a reasonable expectation of success. Please refer to the claim rejection of claim 18 as both claim the same function and therefore rejected under the same pretenses . Response to Arguments 07-38-01 AIA Applicant’s arguments, see section DRAWINGS of the REMARKS , filed 03/16/2026 , with respect to drawing objection of Figs. 1 – 2 and 4 – 6 have been fully considered and are persuasive. The drawing objection of Figs. 1 – 2 and 4 – 6 has been withdrawn. 07-38-01 AIA Applicant’s arguments, see section CLAIM OBJECTIONS of the REMARKS , filed 03/16/2026 , with respect to claim objection of claims 1 – 8 have been fully considered and are persuasive. The claim objection of claims 1 – 8 has been withdrawn. 07-38-01 AIA Applicant’s arguments, see section CLAIM INTERPREATION of the REMARKS , filed 03/16/2026 , with respect to 35 U.S.C. 112(f) claim interpretation of claims 1 – 8 have been fully considered and are persuasive. The 35 U.S.C. 112(f) claim interpretation of claims 1 – 8 has been withdrawn. 07-38-01 AIA Applicant’s arguments, see section REJECTION UNDER 35 U.S.C. 112(d) of the REMARKS , filed 03/16/2026 , with respect to 35 U.S.C. 112(d) claim rejection of claims 3 and 11 have been fully considered and are persuasive. The 35 U.S.C. 112(d) claim rejection of claims 3 and 11 has been withdrawn. Applicant’s arguments, see section REJECTION UNDER 35 U.S.C. 103 of the REMARKS , filed 03/16/2026 , with respect to 35 U.S.C. 103 claim rejection of amended independent claims of 1, 9 and 15 have been fully considered and are persuasive. Examiner agrees the claim amendment of claims 1 and 9 stating “ calculate [‘calculating’ for claim 9] a primary torque target for the primary axle based on an optimal engine torque and a gear ratio between the engine and the primary axle driven by the engine ” and the claim amendment of claim 15 regarding a “ communication fault ” is not taught by the previously used prior art of Lor in view of Bruhn, Piper and Whitney. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bai ( US 11180152 B1 ) and Masahiko ( JP 3588424 B2 ). Conclusion 07-40 AIA 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 SHIVAM SHARMA whose telephone number is (703)756-1726. The examiner can normally be reached Monday-Friday 8:00-5:00. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SHIVAM SHARMA/Examiner, Art Unit 3665 /Erin D Bishop/Supervisory Patent Examiner, Art Unit 3665 Application/Control Number: 18/432,642 Page 2 Art Unit: 3665 Application/Control Number: 18/432,642 Page 3 Art Unit: 3665 Application/Control Number: 18/432,642 Page 4 Art Unit: 3665 Application/Control Number: 18/432,642 Page 5 Art Unit: 3665 Application/Control Number: 18/432,642 Page 6 Art Unit: 3665 Application/Control Number: 18/432,642 Page 7 Art Unit: 3665 Application/Control Number: 18/432,642 Page 8 Art Unit: 3665 Application/Control Number: 18/432,642 Page 9 Art Unit: 3665 Application/Control Number: 18/432,642 Page 10 Art Unit: 3665 Application/Control Number: 18/432,642 Page 11 Art Unit: 3665 Application/Control Number: 18/432,642 Page 12 Art Unit: 3665 Application/Control Number: 18/432,642 Page 13 Art Unit: 3665 Application/Control Number: 18/432,642 Page 14 Art Unit: 3665 Application/Control Number: 18/432,642 Page 15 Art Unit: 3665 Application/Control Number: 18/432,642 Page 16 Art Unit: 3665 Application/Control Number: 18/432,642 Page 17 Art Unit: 3665 Application/Control Number: 18/432,642 Page 18 Art Unit: 3665 Application/Control Number: 18/432,642 Page 19 Art Unit: 3665 Application/Control Number: 18/432,642 Page 20 Art Unit: 3665 Application/Control Number: 18/432,642 Page 21 Art Unit: 3665 Application/Control Number: 18/432,642 Page 22 Art Unit: 3665 Application/Control Number: 18/432,642 Page 23 Art Unit: 3665 Application/Control Number: 18/432,642 Page 24 Art Unit: 3665 Application/Control Number: 18/432,642 Page 25 Art Unit: 3665 Application/Control Number: 18/432,642 Page 26 Art Unit: 3665 Application/Control Number: 18/432,642 Page 27 Art Unit: 3665 Application/Control Number: 18/432,642 Page 28 Art Unit: 3665 Application/Control Number: 18/432,642 Page 29 Art Unit: 3665 Application/Control Number: 18/432,642 Page 30 Art Unit: 3665 Application/Control Number: 18/432,642 Page 31 Art Unit: 3665 Application/Control Number: 18/432,642 Page 32 Art Unit: 3665 Application/Control Number: 18/432,642 Page 33 Art Unit: 3665 Application/Control Number: 18/432,642 Page 34 Art Unit: 3665 Application/Control Number: 18/432,642 Page 35 Art Unit: 3665 Application/Control Number: 18/432,642 Page 36 Art Unit: 3665 Application/Control Number: 18/432,642 Page 37 Art Unit: 3665 Application/Control Number: 18/432,642 Page 38 Art Unit: 3665 Application/Control Number: 18/432,642 Page 39 Art Unit: 3665
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