Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2023-027392 filed on 2/24/23.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on (2/15/24 7/8/24 7/1024 9/26/25) are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claims 1-2 and 4-7 are objected to because of the following informalities: All instances of “a case” should be removed. Claim 3 is rejected based on dependency from claim 1. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
1. Claims 1-2 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Nawata (JP 2014 051199A) in view of Nagamine (US PG PUB NO 2020/0398818).
[CLAIM 1] Regarding claim 1, Nawata discloses a controller comprising: an acquisition part (Controllers 10-15 in communication with all vehicle sensors, see screen shot below re para [0132] of Nawata) that acquires an oxygen concentration (Sensors 71-72) of exhaust from an engine (2); and a drive control part that reduces an injection amount of fuel injected into a cylinder of the engine (Nawata, para [0096] discloses altering fuel amounts for desired torque outputs see listing of controllers below enumerated as 10-15).
-However, it fails to disclose increasing an electric driving force generated by an electric motor, from among the electric driving force generated by the electric motor and an engine driving force generated by the engine for propelling the vehicle.
-Nevertheless, Nagamine discloses in at least para [0044] using the electric motor to compensate for altered fuel/torque of the engine (E) when operated below a target as compensation to maintain driving speed.
- Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Nawata to increase torque from the hybrid motor as taught by Nagamine with a reasonable expectation of success in order to maintain hybrid driveability.
-Regarding the limitations: the oxygen concentration is lower than an oxygen threshold value in comparison to a case where the oxygen concentration is equal to or higher than the oxygen threshold value (Nawata at least paragraph [0026] “The engine controller 1 controls the throttle valve opening and the fuel injection quantity ”) an acquiring unit (air-to-fuel ratio sensor 33); that acquires the oxygen density of the exhaust gas from the engine; and a drive control unit that reduces the injection amount of fuel injected into the cylinder of the engine when the oxygen density is lower than the oxygen threshold where the oxygen density is equal to or higher than the oxygen threshold (Controller 1 as described in Nagamine monitors fuel, air and throttle output see para[ 0026]).
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[CLAIM 2] Regarding claim 2, Nawata/Nagamine disclose a controller according to claim 1, wherein the acquisition part further acquires atmospheric pressure of air drawn into the engine and the drive control part increases the electric driving force (MAF, mass air flow sensors deliver atmospheric pressure to the engine for driveability control based on altitude) from among the engine driving force and the electric driving force, in a case where the atmospheric pressure is less than an atmospheric pressure threshold value in comparison to a case where the atmospheric pressure is equal to or greater than the atmospheric pressure threshold value (Nawata/Nagamine can compensate motor output where the engine has limited torque output under selective conditions related to conditions such as altitude, temperature, load etc).
[CLAIM 4] Regarding claim 4, Nawata/Nagamine disclose the controller according to claim 1, further comprising: a braking control part that decelerates the vehicle during traveling with a regenerative braking force generated by a regenerative brake that generates electric power and a non-regenerative braking force generated by a non-regenerative brake that does not generate electric power, and increases the regenerative braking force, from among the regenerative braking force and the non-regenerative braking force, in a case where the electric driving force is being increased in comparison to a case where the electric driving force is not increased (Nagamine discloses regenerative braking force and control thereof in para [0030] and can be readily modified to assist the electric motor performance as desired based on particular vehicle applications).
[CLAIM 5] Regarding claim 5, Nawata/Nagamine disclose the controller according to claim 1, wherein the drive control part reduces a ratio of the exhaust in air drawn into the engine in exhaust gas recirculation for returning the exhaust from the engine to the engine, where the oxygen concentration is lower than a reference value in comparison to a case where the oxygen concentration is equal to or higher than the reference value (Nawata is exemplary and the control/sensors can modify exhaust air, intake air and fuel to achieve any desired concentration. Emission systems conventionally loop warm purified exhaust air back into the engine in desired vehicle applications.
[CLAIM 6] Regarding claim 6, Nawata discloses a vehicle comprising: an electric motor (MG1, MG-2) that generates an electric driving force for propelling the vehicle; an engine (2) that generates an engine driving force for propelling the vehicle; an acquisition part (ECU’s 10-15 provide acquired vehicle data) that acquires an oxygen concentration (72) of exhaust from the engine (2); and a drive control part that reduces an injection amount of fuel injected into a cylinder of the engine (ECU 11 controls engine function).
-However, it fails to disclose increasing an electric driving force, from among the engine driving force and the electric driving force for propelling the vehicle, in a case where the oxygen concentration is lower than an oxygen threshold value in comparison to a case where the oxygen concentration is equal to or higher than the oxygen threshold value.
-Nevertheless, Nagamine discloses in at least para [0044] (“For this torque reduction, as shown in FIG. 4F, the assist by the motor/generator MG is performed on the basis of the command provided to the motor controller 2 from the integrated controller 10 so that a total of the driving force of the engine E and the driving force of the motor/generator MG becomes (meets or attains) a required driving force of the whole vehicle. ”) using the electric motor to compensate for altered fuel/torque of the engine E when operated below a target as compensation to maintain driving speed (Oxygen sensor (72) provides oxygen input levels which can be used to determine threshold/selective values in order to operate as desired. Fuel and oxygen are conventionally measured and trimmed by the vehicle sensors/controller to provide optimum performance}.
- Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Nawata to increase torque from the hybrid motor as taught by Nagamine with a reasonable expectation of success in order to maintain prefered hybrid driveability.
[CLAIM 7] Regarding claim 7, Nawata discloses a control method comprising computer-implemented steps of: acquiring an oxygen concentration of exhaust (Sensor 72 intake-air quantity sensor 33) from an engine; and reducing an injection amount of fuel injected into a cylinder of the engine ((Nawata, para [0096] discloses altering fuel amounts for desired torque outputs see listing of controllers below enumerated as 10-15).
-However, it fails to disclose and increasing an electric driving force generated by an electric motor from among the electric driving force generated by the electric motor and an engine driving force generated by the engine for propelling the vehicle, in a case where the oxygen concentration is lower than an oxygen threshold value in comparison to a case where the oxygen concentration is equal to or higher than the oxygen threshold value.
-Nevertheless, Nagamine discloses in at least para [0044] (“For this torque reduction, as shown in FIG. 4F, the assist by the motor/generator MG is performed on the basis of the command provided to the motor controller 2 from the integrated controller 10 so that a total of the driving force of the engine E and the driving force of the motor/generator MG becomes (meets or attains) a required driving force of the whole vehicle. ”) using the electric motor to compensate for altered fuel/torque of the engine E when operated below a target as compensation to maintain driving speed (O2 sensor (72 and intake-air quantity sensor 33) provide oxygen input levels which can be used to determine threshold/selective values in order to operate as desired. Fuel and oxygen are conventionally measured and trimmed by the vehicle sensors to provide optimum performance}.
- Thus, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Nawata to increase torque from the hybrid motor as taught by Nagamine with a reasonable expectation of success in order to maintain hybrid driveability.
Allowable Subject Matter
Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Nawata (JP 2014 051199A) discloses a similar prior art reference as claimed by applicants but fails disclose each element in dependent claim 3.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be found on the attached Notice of References Cited.
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/JAMES J TRIGGS/Examiner, Art Unit 3614B
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614
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