DETAILED CORRESPONDENCE
This action is in response to the filing of the Amendments on 12/04/2025. The Amendments made have overcome the 112 rejections. Claims 2 and 29 are canceled.
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 .
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, 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.
Claim(s) 1, 3 – 13, 16, 17 and 20 – 27 are rejected under 35 U.S.C. 103 as being unpatentable over Light-Holets (US 20220219674) in view of Noonan (US 2019/0012854).
Claim 1, Light-Holets discloses a vehicular sensing system, the vehicular sensing system comprising: a sensor disposed at a vehicle equipped with the vehicular sensing system, wherein the sensor is operable to capture sensor data representative of exhaust emitted by the vehicle during operation of the vehicle [see p0006 – p0008, p0073 and Figs 1 – 3 - managing emissions by adjusting operating points for an engine and/or a motor/generator for a vehicle based on an emissions sensor(s) feedback to control/manage emissions from the vehicle];
an electronic control unit (ECU) comprising electronic circuitry and associated software, wherein the electronic circuitry comprises a data processor for processing sensor data captured by the sensor to determine a measured level of a pollutant present in the exhaust emitted by the vehicle [see p0031, p0038, p0048 – p0052, Fig 1 - The controller 140 may be structured as one or more electronic control units (ECU); controller 140 is structured to receive data from one or more of the components shown in FIG. 1. The NOx sensors are structured to acquire data indicative of a NOx amount at each location that the NOx sensor is located (e.g., a concentration amount, such as parts per million). The NOx sensor may also measure or acquire data indicative of an oxygen concentration in the exhaust gas flowing by the sensor];
and
wherein the vehicular sensing system, responsive to processing at the ECU of sensor data captured by the sensor, determines that the measured level of the pollutant present in the exhaust is greater than a threshold level [see p0007 - The controller is structured to: receive emissions data from the at least one sensor regarding exhaust gas from an engine; determine that an emissions level is at or above a predefined threshold based on the received emissions data].
Light-Holets does not specifically teach wherein the vehicular sensing system, responsive to determination that the measured level of the pollutant present in the exhaust is greater than the threshold level, generates an alert to a driver of the vehicle; and wherein the generated alert comprises a message indicating a driver-initiated driving action associated with reducing the measured level of the pollutant present in the exhaust.
However, Noonan discloses a system for providing notification of a vehicle event to an operator outside the vehicle via a mobile device. The electronic device further includes a user interface configured to provide instructions to the user to undertake specific driving conditions in order to mitigate the vehicle event. More specifically, Noonan teaches in the case of a private vehicle, as illustrated in FIG. 1, a message is sent to an electronic device explaining that the Diesel Particulate Filter requires regeneration. The message could be sent as a text message or email or to a dedicated software application and could be transmitted by way of BLUETOOTH, WI-FI or ANT+, for example. Returning to the message sent to an electronic device, the message could include a brief description of the issue to which the DTC code relates and any action required by the driver. The message would also include a link to a dedicated software application (assuming that the message is not already sent through a dedicated software application). By clicking on the relevant link, the user will be taken to the software application where they would be presented with a number of options relating to the issue [see Fig.1, Summary and p0039 – p0041].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include, wherein the vehicular sensing system, responsive to determination that the measured level of the pollutant present in the exhaust is greater than the threshold level, generates an alert to a driver of the vehicle; and wherein the generated alert comprises a message indicating a driver-initiated driving action associated with reducing the measured level of the pollutant present in the exhaust, as suggested and taught by Noonan, with a reasonable expectation of success, for the purpose of providing a mitigation technique that could make any repair to a failed system less time consuming and consequently less expensive for the vehicle owner or warranty provider.
Claim 3, Light-Holets as modified discloses the vehicular sensing system of claim 1, wherein the generated alert comprises an indication that the measured of the pollutant present in the exhaust is greater than the threshold level [see p0007, p0035 – p0036 - The controller 140 is structured to receive data from one more of the sensors 125 (i.e., emissions sensors) to monitor and determine whether the emissions level is at or above a predefined threshold; the controller 140 may provide diagnostic information, a fault or service notification based on one or more determinations. For example, in some embodiments, the controller 140 may display, via the operator I/O device, a temperature of the DOC 121, a temperature of the engine 101 and the exhaust gas, and various other information].
Claim 4, Light-Holets as modified discloses the vehicular sensing system of claim 1, but is silent to wherein the generated alert comprises a corrective action.
However, Noonan discloses a system for providing notification of a vehicle event to an operator outside the vehicle via a mobile device. The electronic device further includes a user interface configured to provide instructions to the user to undertake specific driving conditions in order to mitigate the vehicle event. More specifically, Noonan teaches in the case of a private vehicle, as illustrated in FIG. 1, a message is sent to an electronic device explaining that the Diesel Particulate Filter requires regeneration. The message could be sent as a text message or email or to a dedicated software application and could be transmitted by way of BLUETOOTH, WI-FI or ANT+, for example [see Fig.1, Summary and p0039 – p0041].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include, wherein the generated alert comprises a corrective action, as suggested and taught by Noonan, with a reasonable expectation of success, for the purpose of providing a mitigation technique that could make any repair to a failed system less time consuming and consequently less expensive for the vehicle owner or warranty provider.
Claim 5, Light-Holets as modified discloses the vehicular sensing system of claim 1, but is silent to wherein the message indicates at least one selected from the group consisting of (i) that the vehicle requires maintenance, (ii) that the driver should alter driving habits, and (iii) that a fuel of the vehicle should be adjusted.
However, Noonan discloses a system for providing notification of a vehicle event to an operator outside the vehicle via a mobile device. The electronic device further includes a user interface configured to provide instructions to the user to undertake specific driving conditions in order to mitigate the vehicle event (corrective action). More specifically, Noonan teaches in the case of a private vehicle, as illustrated in FIG. 1, a message is sent to an electronic device explaining that the Diesel Particulate Filter requires regeneration (maintenance). The message could be sent as a text message or email or to a dedicated software application and could be transmitted by way of BLUETOOTH, WI-FI or ANT+, for example [see Fig.1, Summary and p0039 – p0041].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include, wherein the message indicates at least one selected from the group consisting of (i) that the vehicle requires maintenance, (ii) that the driver should alter driving habits, and (iii) that a fuel of the vehicle should be adjusted, as suggested and taught by Noonan, with a reasonable expectation of success, for the purpose of providing a mitigation technique that could make any repair to a failed system less time consuming and consequently less expensive for the vehicle owner or warranty provider.
Claim 6, Light–Holets as modified discloses the vehicular sensing system of claim 1, but is silent to wherein the vehicle comprises a display device, and wherein the generated alert comprises a graphical display displayed at the display device and including at least one selected from the group consisting of (i) an indication that the measured level of the pollutant present in the exhaust is greater than the threshold level and (ii) a corrective action.
However, Noonan discloses a system for providing notification of a vehicle event to an operator outside the vehicle via a mobile device. The electronic device further includes a user interface (display device) configured to provide instructions to the user to undertake specific driving conditions in order to mitigate the vehicle event (corrective action). More specifically, Noonan teaches in the case of a private vehicle, as illustrated in FIG. 1, a message is sent to an electronic device explaining that the Diesel Particulate Filter requires regeneration. The message could be sent as a text message or email or to a dedicated software application and could be transmitted by way of BLUETOOTH, WI-FI or ANT+, for example [see Fig.1, Summary and p0039 – p0041].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include, wherein the vehicle comprises a display device, and wherein the generated alert comprises a graphical display displayed at the display device and including at least one selected from the group consisting of (i) an indication that the measured level of the pollutant present in the exhaust is greater than the threshold level and (ii) a corrective action, as suggested and taught by Noonan, with a reasonable expectation of success, for the purpose of providing a mitigation technique that could make any repair to a failed system less time consuming and consequently less expensive for the vehicle owner or warranty provider.
Claim 23 is similarly rejected as Claim 6, see above.
Claim 7, Light-Holets as modified discloses the vehicular sensing system of claim 1, but is silent to wherein the generated alert comprises an audio signal.
However, Noonon discloses a system includes a vehicle control unit configured to provide a notification of the vehicle event. The system also includes a communication unit configured to transmit a notification from the vehicle control unit and an electronic device configured to receive a notification from the vehicle control unit.
Further teaching, the vehicle is configured to communicate the completion status to a driver either visually or audibly by an in vehicle display or speaker [see Cl. 6].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include wherein the generated alert comprises an audio signal, as suggested and taught by Noonon, with a reasonable expectation of success, for the purpose of providing a notification technique that informs the user that a possible repair or maintenance may be required, which in turn would mitigate that any repair to a failed system is less time consuming and consequently less expensive for the vehicle owner or warranty provider.
Claim 8, Light-Holets as modified discloses the vehicular sensing system of claim 1, but is silent to wherein the vehicular sensing system wirelessly transmits a signal based on the generated alert to a mobile device of the driver.
However, Noonon discloses a system includes a vehicle control unit configured to provide a notification of the vehicle event. The system also includes a communication unit configured to transmit a notification from the vehicle control unit and an electronic device configured to receive a notification from the vehicle control unit.
Further teaching, the vehicle control unit detects a vehicle event and a communication unit configured to transmit a notification from the vehicle control unit to a mobile device to a driver including both an identification of the vehicle event and instructions on how to enact a specific driving task for a vehicle to reverse a condition associated with the detected event [see p0017, p0025, Cl. 1].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include wherein the vehicular sensing system wirelessly transmits a signal based on the generated alert to a mobile device of the driver, as suggested and taught by Noonon, with a reasonable expectation of success, for the purpose of providing instructions to the vehicle driver and monitoring compliance and with those instructions the vehicle control unit can determine when a certain vehicle event has been mitigated.
Claim 9, Light-Holets discloses the vehicular sensing system of claim 1, wherein the vehicular sensing system, responsive to determination that the measured level of the pollutant present in the exhaust is greater than the threshold level, initiates a corrective action [see p0006, p0016, p0035 - The controller 140 is structured to receive data from one more of the sensors 125 (i.e., emissions sensors) to monitor and determine whether the emissions level is at or above a predefined threshold. In response to the received data, the controller 140 may adjust the operating point(s) of the engine and the electric motor to meet driver demands yet reduce or mitigate harmful exhaust gas emissions. The controller 140 may further use the data for monitoring and diagnostic purposes. In some embodiments and based on the received data, the controller 140 may generate one or more fault codes (e.g., OBD codes, diagnostic trouble codes, malfunction indicator lamps/lights, and so on)].
Claim 10, Light-Holets discloses the vehicular sensing system of claim 9, wherein the correction action comprises (i) adjusting a drive mode of the vehicle, (ii) adjusting operation of a heating, ventilation, and air conditioning (HVAC) system of the vehicle and (iii) adjusting operation of a propulsion system of the vehicle [see p0006 – p0008, p0016, p0035, p0047, p0073 – p0075- - determining that an emissions level is at or above a predefined threshold based on the received emissions data; adjusting an operating point of the engine in response to the emissions level being at or above the predefined threshold to reduce the emissions level; determine power split and output from the engine and electric motor may continue until the emissions level is predefined threshold or in response to a driver power demand that overrides the implemented power split. The aftertreatment sensors 125 may continue to provide data (e.g., feedback data) to monitor the emissions level until the emissions level is below the predefined threshold; if the emission level is above the predefined threshold, this may indicate non-compliance for certain emissions regulations (e.g., NOx above a regulated threshold value). As such and based on this determination, the engine circuit 210 commands and adjusts the operating point of the engine. As discussed herein, the adjustment may include increasing or decreasing the power output of the engine 101. For instance, higher combustion temperatures promotes NOx production, so to reduce emissions (e.g., NOx, particulate matter) the system 100 may reduce reliance on the engine 101 in favor of more power from the motor generator 106].
Claim 11, Light-Holets discloses the vehicular sensing system of claim 1, wherein the measured level of the pollutant present in the exhaust comprises a total amount of the pollutant present in the exhaust during a period of time [see p0047 – p0049 - the emissions circuit 208 may determine the emissions level regarding the exhaust gas constituent at a particular point in time or based on a plurality of sensor readings over a predefined period of time (e.g., a period of days, months, etc.). The emissions circuit 208 may then utilize the relatively more accurate NOx reading to determine the emissions level (e.g., at a particular point in time, as an average or other statistic (e.g., median) over a predefined period of time, etc.)].
Claim 12, Light-Holets discloses the vehicular sensing system of claim 1, wherein the measured level of the pollutant present in the exhaust comprises an average amount of the pollutant present in the exhaust during a period of time [see p0047 – p0049, p0051 – p0053 the emissions level may be determined at this position based on the average NOx amount over a predefined duration of time or after a predefined distance traveled by the vehicle (e.g., 100,000 miles). Based on the emissions data from the sensor 125, the controller determines whether the emissions level is at or above a predefined threshold].
Claim 13, Light-Holets discloses the vehicular sensing system of claim 1, wherein the vehicular sensing system stores the measured level of the pollutant in memory storage as historical pollutant data [see p0047 – p0048, p0050, p0058, p0074, Aa aging model or look-up table may be stored by the emissions circuit 208 that correlates an operation parameter of the component (hours of operation, distance traveled, time since install or refurbish date, etc.) to an expected efficiency of that component. If the determined efficiency is below a threshold value, the emissions circuit 208 may determine that emissions will not be as good as expected given the age of the component. In certain configurations, the model or table may indicate how the component operates under certain conditions (e.g., loads beyond a threshold value, certain engine speed and torque combinations, etc.); the aftertreatment aging model may be a model which analyzes the changes over a certain period of time to predict expected operation of components of the aftertreatment system over that time. The model may observe trends in the efficiency and performance of various aftertreatment components to predict when the vehicle will be operating at a certain efficiency level. The model may be stored by the emissions circuit 208. Alternatively, the emissions circuit 208 may receive information over a network to determine an age of the aftertreatment system or component thereof (e.g., via the Internet)].
Claim 16, Light-Holets discloses the vehicular sensing system of claim 1, wherein the threshold level is based at least in part on a maximum allowed level of the pollutant for the vehicle.
The Examiner interprets the instant application recitation as “maximum allowed level of pollutant” is a predefined threshold level that a vehicle emissions cannot go over without the vehicle being in violation of the emissions standard. At the point when the maximum allowed level is at or above, a corrective action needs to take place or the vehicle is not in compliance.
Light- Holets discloses the operations include receiving emissions data from the at least one sensor regarding exhaust gas from the engine; determining that an emissions level is at or above a predefined threshold based on the received emissions data; adjusting an operating point of the engine in response to the emissions level being at or above the predefined threshold to reduce the emissions level (predefined threshold level is maximum allowed level)[see p0006 – 0008].
Claim 17, Light-Holets discloses the vehicular sensing system of claim 16, wherein the threshold level is the maximum allowed level of the pollutant for the vehicle.
The Examiner interprets the instant application recitation as “maximum allowed level of pollutant” is a predefined threshold level that a vehicle emissions cannot run over without the vehicle being in violation of the emissions standard. At the point when the maximum allowed level is at or above, a corrective action needs to take place or the vehicle is not in compliance.
Light- Holets discloses the operations include receiving emissions data from the at least one sensor regarding exhaust gas from the engine; determining that an emissions level is at or above a predefined threshold based on the received emissions data; adjusting an operating point of the engine in response to the emissions level being at or above the predefined threshold to reduce the emissions level (predefined threshold level is maximum allowed level)[see p0006 – p0008].
Claim 20, Light-Holets discloses the vehicular sensing system of claim 1, wherein the vehicle comprises an internal combustion engine [see p0015 - systems and methods for coordination between and control of operating points for an engine and an electric motor of a vehicle based on feedback from an emissions sensor of an exhaust aftertreatment system are shown and described herein according to various embodiments. Internal combustion engines produce or emit exhaust gas (i.e., emissions), which can contain environmentally harmful compounds such as nitrous oxides (NOx), particulate matter (PM), carbon monoxide (CO), sulfur oxides (Socks), greenhouse gases, and so on].
Claim 21, Light-Holets discloses the vehicular sensing system of claim 1, wherein the vehicle comprises a hybrid propulsion system that includes an electrically powered motor and an internal combustion engine [see p0016 - p0017, p0023, p0028, Cl. 9 - The vehicle 100 may be an on-road or an off-road vehicle including, but not limited to, line-haul trucks, mid-range trucks (e.g., pick-up trucks), tanks, airplanes, and other types of vehicle that utilize an exhaust aftertreatment system with an at least partially hybrid or electrified powertrain (e.g., electrical power to propel the vehicle may be provided by one or more electric power output devices, such as an electric motor). In the example shown, the vehicle 100 is a hybrid vehicle].
Claim 22, Light-Holets discloses a vehicular sensing system, the vehicular sensing system comprising: a sensor disposed at a vehicle equipped with the vehicular sensing system, wherein the sensor is operable to capture sensor data representative of exhaust emitted by the vehicle during operation of the vehicle; wherein the vehicle comprises an internal combustion engine [see p0006 – p0008, p0015, p0031, Figs 1 – 3 - managing emissions by adjusting operating points for an engine and/or a motor/generator for a vehicle based on an emissions sensor(s) feedback to control/manage emissions from the vehicle; Internal combustion engines produce or emit exhaust gas (i.e., emissions), which can contain environmentally harmful compounds such as nitrous oxides (NOx), particulate matter (PM), carbon monoxide (CO), sulfur oxides (Sox), greenhouse gases, and so on. The amount of the emitted environmentally harmful gases may be referred to as an “emissions level” herein];
an electronic control unit (ECU) comprising electronic circuitry and associated software, wherein the electronic circuitry comprises a data processor for processing sensor data captured by the sensor to determine a measured level of a pollutant present in the exhaust emitted by the vehicle; [see p0031, p0038, p0048 – p0052, Fig 1 - The controller 140 may be structured as one or more electronic control units (ECU); controller 140 is structured to receive data from one or more of the components shown in FIG. 1. The NOx sensors are structured to acquire data indicative of a NOx amount at each location that the NOx sensor is located (e.g., a concentration amount, such as parts per million). The NOx sensor may also measure or acquire data indicative of an oxygen concentration in the exhaust gas flowing by the sensor];
wherein the vehicular sensing system, responsive to processing at the ECU of sensor data captured by the sensor, determines that the measured level of the pollutant present in the exhaust is greater than a threshold level [see p0007 - determine that an emissions level is at or above a predefined threshold based on the received emissions data]; and
Light-Holets further discloses wherein the vehicular sensing system, responsive to determination that the measured level of the pollutant present in the exhaust is greater than the threshold level [see p0007 - The controller is structured to: receive emissions data from the at least one sensor regarding exhaust gas from an engine; determine that an emissions level is at or above a predefined threshold based on the received emissions data].
Light-Holets is silent to generates an alert to a driver of the vehicle, and wherein the generated alert comprises (i) an indication that the measured level of the pollutant present in the exhaust is greater than the threshold level and (ii) a message indicating a driver – initiated driving action associated with reducing the measured level of the pollutant present in the exhaust.
However, Noonan discloses a system for providing notification of a vehicle event to an operator outside the vehicle via a mobile device. The electronic device further includes a user interface configured to provide instructions to the user to undertake specific driving conditions in order to mitigate the vehicle event. More specifically, Noonan teaches in the case of a private vehicle, as illustrated in FIG. 1, a message is sent to an electronic device explaining that the Diesel Particulate Filter requires regeneration. The message could be sent as a text message or email or to a dedicated software application and could be transmitted by way of BLUETOOTH, WI-FI or ANT+, for example. Returning to the message sent to an electronic device, the message could include a brief description of the issue to which the DTC code relates and any action required by the driver. The message would also include a link to a dedicated software application (assuming that the message is not already sent through a dedicated software application). By clicking on the relevant link, the user will be taken to the software application where they would be presented with a number of options relating to the issue [see Fig.1, Summary and p0039 – p0041].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include, wherein the vehicular sensing system generates an alert to a driver of the vehicle, and wherein the generated alert comprises (i) an indication that the measured level of the pollutant present in the exhaust is greater than the threshold level and (ii) a message indicating a driver – initiated driving action associated with reducing the measured level of the pollutant present in the exhaust, as suggested and taught by Noonan, with a reasonable expectation of success, for the purpose of providing a mitigation technique that could make any repair to a failed system less time consuming and consequently less expensive for the vehicle owner or warranty provider.
Claim 24, Light-Holets as modified discloses the vehicular sensing system of claim 22, wherein the vehicular sensing system, responsive to determination that the measured level of the pollutant present in the exhaust is greater than the threshold level, initiates a corrective action [see p0006, p0016, p0035 - The controller 140 is structured to receive data from one more of the sensors 125 (i.e., emissions sensors) to monitor and determine whether the emissions level is at or above a predefined threshold. In response to the received data, the controller 140 may adjust the operating point(s) of the engine and the electric motor to meet driver demands yet reduce or mitigate harmful exhaust gas emissions. The controller 140 may further use the data for monitoring and diagnostic purposes. In some embodiments and based on the received data, the controller 140 may generate one or more fault codes (e.g., OBD codes, diagnostic trouble codes, malfunction indicator lamps/lights, and so on)].
Claim 25, Light-Holets discloses the vehicular sensing system of claim 24, wherein the corrective action comprises at least one selected from the group consisting of (i) adjusting a drive mode of the vehicle, (ii) adjusting operation of a heating, ventilation, and air conditioning (HVAC) system of the vehicle and (iii) adjusting operation of a propulsion system of the vehicle [see p0006 – p0008, p0016, p0035, p0047, p0073 – p0075- - determining that an emissions level is at or above a predefined threshold based on the received emissions data; adjusting an operating point of the engine in response to the emissions level being at or above the predefined threshold to reduce the emissions level; determine power split and output from the engine and electric motor may continue until the emissions level is predefined threshold or in response to a driver power demand that overrides the implemented power split. The aftertreatment sensors 125 may continue to provide data (e.g., feedback data) to monitor the emissions level until the emissions level is below the predefined threshold; if the emission level is above the predefined threshold, this may indicate non-compliance for certain emissions regulations (e.g., NOx above a regulated threshold value). As such and based on this determination, the engine circuit 210 commands and adjusts the operating point of the engine. As discussed herein, the adjustment may include increasing or decreasing the power output of the engine 101. For instance, higher combustion temperatures promotes NOx production, so to reduce emissions (e.g., NOx, particulate matter) the system 100 may reduce reliance on the engine 101 in favor of more power from the motor generator 106].
Claim 26, Light-Holets discloses the vehicular sensing system of claim 22, wherein the measured level of the pollutant present in the exhaust comprises one selected from the group consisting of (i) a total amount of the pollutant present in the exhaust during a period of time [see p0047 – p0049 - the emissions circuit 208 may determine the emissions level regarding the exhaust gas constituent at a particular point in time or based on a plurality of sensor readings over a predefined period of time (e.g., a period of days, months, etc.). The emissions circuit 208 may then utilize the relatively more accurate NOx reading to determine the emissions level (e.g., at a particular point in time, as an average or other statistic (e.g., median) over a predefined period of time, etc.), etc.]; and
(ii) an average amount of the pollutant present in the exhaust during a period of time [see p0047 – p0049, p0051 – p0053 the emissions level may be determined at this position based on the average NOx amount over a predefined duration of time or after a predefined distance traveled by the vehicle (e.g., 100,000 miles). Based on the emissions data from the sensor 125, the controller determines whether the emissions level is at or above a predefined threshold].
Claim 27, Light-Holets discloses the vehicular sensing system of claim 22, wherein the vehicle comprises a hybrid propulsion system that includes an electrically powered motor and an internal combustion engine [see p0016 - p0017, p0023, p0028, Cl. 9 - The vehicle 100 may be an on-road or an off-road vehicle including, but not limited to, line-haul trucks, mid-range trucks (e.g., pick-up trucks), tanks, airplanes, and other types of vehicle that utilize an exhaust aftertreatment system with an at least partially hybrid or electrified powertrain (e.g., electrical power to propel the vehicle may be provided by one or more electric power output devices, such as an electric motor). In the example shown, the vehicle 100 is a hybrid vehicle].
Claim(s) 14 is being rejected under 35 U.S.C. 103 as being unpatentable over Light-Holets (US 20220219674) in view of Noonan (US 2019/0012854) and Londergan (US 20140039988).
Claim 14, Light-Holets discloses the vehicular sensing system of claim 13, but is silent to wherein the threshold level is determined based at least in part on the historical pollutant data.
However, Londergan discloses a vehicle having a pollution recording unit may be provided 105. The vehicle that is provided 105 may comprise a vehicle configured to generate pollutants during operation. The pollutants may be released into the environment, for instance, through an exhaust system. In an embodiment, the vehicle may comprise, without limitation, an automobile, a truck, an airplane, or a watercraft. Illustrative and non-restrictive examples of pollutants may include CO.sub.2, CO, NO, NO.sub.2, Mus.B., SO.sub.2, SO.sub.x, VOCs, nanoparticles and other various particulate matter, combinations thereof, and any other such designated substances; the pollution recording unit may access information relevant to calculating an environmental score in addition to pollution behavior or pollution data. For example, the pollution recording unit may comprise or obtain historical traffic pattern, traffic congestion, pollution, geographic information, and route information. Additionally, the pollution recording unit may access data configured to calculate the environmental score, such as constants, multiplication factors, formulas, predetermined ranges, and historical environmental scores associated with vehicles and/or vehicle operators [see p0015, p0020, p0030].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include wherein the threshold level is determined based at least in part on the historical pollutant data, as suggested and taught by Londergan, with a reasonable expectation of success, for the purpose of providing historical environmental scores associated with vehicles and/or vehicle operators in order to curb vehicle emissions included technological solutions aimed at generating cleaner emissions, high occupancy vehicle (HOV) lane restrictions, mandated vehicle emissions testing, car tab fees, and ordinances limiting the idling of commercial vehicles, so an impact can be measured.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Light-Holets (US 20220219674) in view of Noonan (US 2019/0012854) and Bawane (IN 202121036971A).
Claim 15, Light-Holets as modified discloses the vehicular sensing system of claim 1, but is silent to wherein the vehicular sensing system, based on an expiration date of emissions certification for the vehicle, generates a certification alert to the driver to renew emissions certification for the vehicle.
However, Bawane discloses a pollution under control (PUC) alert. first the gas analyzer (2) has to connect with the digital display timer unit (1) with data cable. Once the gas analyzer (2) will be inserted in exhaust pipe, based on quality of emission the gas analyzer (2) will feed the expiry time in days to the digital display timer unit (1). The timer (1) will show the time left to recheck the PUC. Once the timer come to 1 day left, the beeper (3) will start making beeping sound to indicate that PUC is going to expire. If timer comes to zero days left for recheck, it gives the signal through the blue LED (4), to indicate that PUC certification of vehicle is expired. Once the PUC recertification is done, the beeper (3) and the blue LED (4) will be turned off automatically [see Desc. and Fig 1, below].
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It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include wherein the vehicular sensing system, based on an expiration date of emissions certification for the vehicle, generates a certification alert to the driver to renew emissions certification for the vehicle, as suggested and taught by Bawane, with a reasonable expectation of success, for the purpose of providing a system to remind the driver to check PUC and thus the driver would not have to pay the penalty for driving without a PUC certificate.
Claim(s) 18 is being rejected under 35 U.S.C. 103 as being unpatentable over Light-Holets (US 20220219674) in view of Noonan (US 2019/0012854) and Garg (IN202011036257A).
Claim 18, Light-Holets discloses the vehicular sensing system of claim 16, but is silent to wherein the vehicular sensing system, based on the measured level of the pollutant present in the exhaust being less than the threshold level, determines that the vehicle is compliant with the maximum allowed level of the pollutant.
The Examiner interprets the instant application recitation as “maximum allowed level of pollutant” is a predefined threshold level a vehicle emissions cannot run over without the vehicle being in violation of the emissions standard. At the point when the maximum allowed level is at or above, a corrective action needs to take place or the vehicle is not in compliance.
However, Garg discloses wherein said plurality of input data is the amount of said plurality of gases emitted by the exhaust of said vehicle in real time; prepare a report by comparing each of said plurality of input data with a predefined level of respective plurality of gases, wherein said predefined level is maximum limit of the emission of said plurality of gases permitted by the transport authority; transfer said report to the owner of said vehicle using said communication module, wherein said report provides an alert to the owner of said vehicle when said plurality of input data is above said predefined level; and transfer said report, to said transport authority system, when higher emission of said plurality of gases is not rectified by the owner of said vehicle within a predefined time, wherein said predefined time is given to the owner to rectify said vehicle, to decrease emission of the amount of said plurality of gases below said predefined level [see pages 2 and 8, highlighted sections].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include wherein the vehicular sensing system, based on the measured level of the pollutant present in the exhaust being less than the threshold level, determines that the vehicle is compliant with the maximum allowed level of the pollutant, as suggested and taught by Garg, with a reasonable expectation of success, for the purpose of providing a system to reduce pollution of the environment by analyzing a plurality of gases emitted from the vehicle and provide the driver with the corrective action, thus avoiding the likelihood of the local authority which can take some corrective or strict actions against the vehicle or vehicle owner such as invoice cutting, elimination of the vehicle, or apply heavy fines.
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over Light-Holets (US 20220219674) in view of Noonan (US 2019/0012854) and Garg (IN202011036257A), further in view of Bawane (IN 202121036971A)
Claim 19, Light-Holets discloses the vehicular sensing system of claim 18, but is silent to wherein, based on the vehicular sensing system determining that the vehicle is compliant with the maximum allowed level of the pollutant, an emissions certification is issued for the vehicle.
However, Bawane discloses a pollution under control (PUC) alert. first the gas analyzer (2) has to connect with the digital display timer unit (1) with data cable. Once the gas analyzer (2) will be inserted in exhaust pipe, based on quality of emission the gas analyzer (2) will feed the expiry time in days to the digital display timer unit (1). The timer (1) will show the time left to recheck the PUC. Once the timer come to 1 day left, the beeper (3) will start making beeping sound to indicate that PUC is going to expire. If timer comes to zero days left for recheck, it gives the signal through the blue LED (4), to indicate that PUC certification of vehicle is expired. Once the PUC recertification is done, the beeper (3) and the blue LED (4) will be turned off automatically [see Desc. and Fig 1, below].
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It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include based on the vehicular sensing system determining that the vehicle is compliant with the maximum allowed level of the pollutant, an emissions certification is issued for the vehicle, as suggested and taught by Bawane, with a reasonable expectation of success, for the purpose of providing a system to remind the driver to check PUC and thus the driver would not have to pay the penalty for driving without a PUC certificate.
Claim(s) 28, 30 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Light-Holets (US 20220219674) in view of Noonan (US 2019/0012854) and Garg (IN202011036257A).
Claim 28, Light-Holets discloses a vehicular sensing system, the vehicular sensing system comprising: a sensor disposed at a vehicle equipped with the vehicular sensing system, wherein the sensor is operable to capture sensor data representative of emissions emitted by the vehicle during operation of the vehicle [see p0006 – p0008, p0073 and Figs 1 – 3 - managing emissions by adjusting operating points for an engine and/or a motor/generator for a vehicle based on an emissions sensor(s) feedback to control/manage emissions from the vehicle];
wherein the vehicle comprises a hybrid propulsion system that includes an electrically powered motor and an internal combustion engine [see p0016 - p0017, p0023, p0028, Cl. 9 - The vehicle 100 may be an on-road or an off-road vehicle including, but not limited to, line-haul trucks, mid-range trucks (e.g., pick-up trucks), tanks, airplanes, and other types of vehicle that utilize an exhaust aftertreatment system with an at least partially hybrid or electrified powertrain (e.g., electrical power to propel the vehicle may be provided by one or more electric power output devices, such as an electric motor). In the example shown, the vehicle 100 is a hybrid vehicle];
an electronic control unit (ECU) comprising electronic circuitry and associated software, wherein the electronic circuitry comprises a data processor for processing sensor data captured by the sensor to determine a measured level of a pollutant present in the emissions emitted by the vehicle; [see p0031, p0038, p0048 – p0052, Fig 1 - The controller 140 may be structured as one or more electronic control units (ECU); controller 140 is structured to receive data from one or more of the components shown in FIG. 1. The NOx sensors are structured to acquire data indicative of a NOx amount at each location that the NOx sensor is located (e.g., a concentration amount, such as parts per million). The NOx sensor may also measure or acquire data indicative of an oxygen concentration in the exhaust gas flowing by the sensor];
wherein the vehicular sensing system, responsive to processing at the ECU of sensor data captured by the sensor, determines that the measured level of the pollutant present in the emissions is greater than a threshold level; [see p0007 - determine that an emissions level is at or above a predefined threshold based on the received emissions data].
wherein the threshold level is based at least in part on a maximum allowed level of the pollutant for the vehicle; the vehicle [The Examiner interprets the instant application recitation as “maximum allowed level of pollutant” is a predefined threshold level that a vehicle emissions cannot run over without the vehicle being in violation of the emissions standard. At the point when the maximum allowed level is at or above, a corrective action needs to take place or the vehicle is not in compliance; See p0006 – p0008 - the operations include receiving emissions data from the at least one sensor regarding exhaust gas from the engine; determining that an emissions level is at or above a predefined threshold based on the received emissions data; adjusting an operating point of the engine in response to the emissions level being at or above the predefined threshold to reduce the emissions level (predefined threshold level is maximum allowed level)].
Light-Holets does not specifically teach:
wherein the vehicular sensing system, responsive to determination that the measured level of the pollutant present in the emissions is greater than the threshold level, generates an alert to a driver of the vehicle: wherein the generated alert comprises a message indicating a driver-initiated driving action associated with reducing the measured level of the pollutant present in the emissions;
and wherein the vehicular sensing system, based on the measured level of the pollutant present in the emissions being less than the threshold level, determines that the vehicle is compliant with the maximum allowed level of the pollutant.
However, Noonan discloses a system for providing notification of a vehicle event to an operator outside the vehicle via a mobile device. The electronic device further includes a user interface configured to provide instructions to the user to undertake specific driving conditions in order to mitigate the vehicle event. More specifically, Noonan teaches in the case of a private vehicle, as illustrated in FIG. 1, a message is sent to an electronic device explaining that the Diesel Particulate Filter requires regeneration. The message could be sent as a text message or email or to a dedicated software application and could be transmitted by way of BLUETOOTH, WI-FI or ANT+, for example. Returning to the message sent to an electronic device, the message could include a brief description of the issue to which the DTC code relates and any action required by the driver. The message would also include a link to a dedicated software application (assuming that the message is not already sent through a dedicated software application). By clicking on the relevant link, the user will be taken to the software application where they would be presented with a number of options relating to the issue [see Fig.1, Summary and p0039 – p0041].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include, wherein the vehicular sensing system, responsive to determination that the measured level of the pollutant present in the emissions is greater than the threshold level, generates an alert to a driver of the vehicle: wherein the generated alert comprises a message indicating a driver-initiated driving action associated with reducing the measured level of the pollutant present in the emissions, as suggested and taught by Noonan, with a reasonable expectation of success, for the purpose of providing a mitigation technique that could make any repair to a failed system less time consuming and consequently less expensive for the vehicle owner or warranty provider.
Neither Light-Holets or Noonon specifically teach and wherein the vehicular sensing system, based on the measured level of the pollutant present in the emissions being less than the threshold level, determines that the vehicle is compliant with the maximum allowed level of the pollutant.
However, Garg discloses wherein said plurality of input data is the amount of said plurality of gases emitted by the exhaust of said vehicle in real time; prepare a report by comparing each of said plurality of input data with a predefined level of respective plurality of gases, wherein said predefined level is maximum limit of the emission of said plurality of gases permitted by the transport authority; transfer said report to the owner of said vehicle using said communication module, wherein said report provides an alert to the owner of said vehicle when said plurality of input data is above said predefined level; and transfer said report, to said transport authority system, when higher emission of said plurality of gases is not rectified by the owner of said vehicle within a predefined time, wherein said predefined time is given to the owner to rectify said vehicle, to decrease emission of the amount of said plurality of gases below said predefined level [see pages 2 and 8, highlighted sections].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets as modified to include wherein the vehicular sensing system, based on the measured level of the pollutant present in the exhaust being less than the threshold level, determines that the vehicle is compliant with the maximum allowed level of the pollutant, as suggested and taught by Garg, with a reasonable expectation of success, for the purpose of providing a system to reduce pollution of the environment by analyzing a plurality of gases emitted from the vehicle and provide the driver with the corrective action, thus avoiding the likelihood of the local authority which can take some corrective or strict actions against the vehicle or vehicle owner such as invoice cutting, elimination of the vehicle, or apply heavy fines.
Claim 30, Light-Holets discloses the vehicular sensing system of claim 28, but is silent to wherein the vehicle comprises a display device, and wherein the generated alert comprises a graphical display displayed at the display device and including at least one selected from the group consisting of (i) an indication that the level of the pollutant present in the emissions is greater than the threshold level and (ii) a corrective action.
However, Noonan discloses a system for providing notification of a vehicle event to an operator outside the vehicle via a mobile device. The electronic device further includes a user interface (display device) configured to provide instructions to the user to undertake specific driving conditions in order to mitigate the vehicle event (corrective action). More specifically, Noonan teaches in the case of a private vehicle, as illustrated in FIG. 1, a message is sent to an electronic device explaining that the Diesel Particulate Filter requires regeneration. The message could be sent as a text message or email or to a dedicated software application and could be transmitted by way of BLUETOOTH, WI-FI or ANT+, for example [see Fig.1, Summary and p0039 – p0041].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include, wherein the vehicle comprises a display device, and wherein the generated alert comprises a graphical display displayed at the display device and including at least one selected from the group consisting of (i) an indication that the measured level of the pollutant present in the exhaust is greater than the threshold level and (ii) a corrective action, as suggested and taught by Noonan, with a reasonable expectation of success, for the purpose of providing a mitigation technique that could make any repair to a failed system less time consuming and consequently less expensive for the vehicle owner or warranty provider.
Claim 31, Light-Holets discloses the vehicular sensing system of claim 28, wherein the measured level of the pollutant present in the emissions comprises one selected from the group consisting of (i) a total amount of the pollutant present in the emissions during a period of time [see p0047 – p0049 - the emissions circuit 208 may determine the emissions level regarding the exhaust gas constituent at a particular point in time or based on a plurality of sensor readings over a predefined period of time (e.g., a period of days, months, etc.). The emissions circuit 208 may then utilize the relatively more accurate NOx reading to determine the emissions level (e.g., at a particular point in time, as an average or other statistic (e.g., median) over a predefined period of time, etc.), etc.];
And (ii) an average amount of the pollutant present in the exhaust during a period of time [see p0047 – p0049, p0051 – p0053 the emissions level may be determined at this position based on the average NOx amount over a predefined duration of time or after a predefined distance traveled by the vehicle (e.g., 100,000 miles). Based on the emissions data from the sensor 125, the controller determines whether the emissions level is at or above a predefined threshold].
Claim(s) 32 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Light-Holets (US 20220219674) in view of Noonan (US 2019/0012854) and Garg (IN202011036257A), further in view of Bawane (IN 202121036971A).
Claim 32, Light-Holets discloses the vehicular sensing system of claim 28, but is silent to wherein the vehicular sensing system, based on an expiration date of emissions certification for the vehicle, generates a certification alert to the driver to renew emissions certification for the vehicle.
However, Bawane discloses a pollution under control (PUC) alert. The first the gas analyzer (2) has to connect with the digital display timer unit (1) with data cable. Once the gas analyzer (2) will be inserted in exhaust pipe, based on quality of emission the gas analyzer (2) will feed the expiry time in days to the digital display timer unit (1). The timer (1) will show the time left to recheck the PUC. Once the timer come to 1 day left, the beeper (3) will start making beeping sound to indicate that PUC is going to expire. If timer comes to zero days left for recheck, it gives the signal through the blue LED (4), to indicate that PUC certification of vehicle is expired. Once the PUC recertification is done, the beeper (3) and the blue LED (4) will be turned off automatically [see Desc. and Fig 1, below].
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It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include wherein the vehicular sensing system, based on an expiration date of emissions certification for the vehicle, generates a certification alert to the driver to renew emissions certification for the vehicle, as suggested and taught by Bawane, with a reasonable expectation of success, for the purpose of providing a system to remind the driver to check PUC and thus the driver would not have to pay the penalty for driving without a PUC certificate.
Claim 33, Light-Holets discloses the vehicular sensing system of claim 32, but is silent to wherein the threshold level is the maximum allowed level of the pollutant for the vehicle.
The Examiner interprets the instant application recitation as “maximum allowed level of pollutant” is a predefined threshold level that a vehicle emissions cannot run over without the vehicle being in violation of the emissions standard. At the point when the maximum allowed level is at or above, a corrective action needs to take place or the vehicle is not in compliance.
However, Garg discloses wherein said plurality of input data is the amount of said plurality of gases emitted by the exhaust of said vehicle in real time; prepare a report by comparing each of said plurality of input data with a predefined level of respective plurality of gases, wherein said predefined level is maximum limit of the emission of said plurality of gases permitted by the transport authority; transfer said report to the owner of said vehicle using said communication module, wherein said report provides an alert to the owner of said vehicle when said plurality of input data is above said predefined level; and transfer said report, to said transport authority system, when higher emission of said plurality of gases is not rectified by the owner of said vehicle within a predefined time, wherein said predefined time is given to the owner to rectify said vehicle, to decrease emission of the amount of said plurality of gases below said predefined level [see pages 2 and 8, highlighted sections].
It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include wherein the vehicular sensing system, based on the measured level of the pollutant present in the exhaust being less than the threshold level, determines that the vehicle is compliant with the maximum allowed level of the pollutant, as suggested and taught by Garg, with a reasonable expectation of success, for the purpose of providing a system to reduce pollution of the environment by analyzing a plurality of gases emitted from the vehicle and provide the driver with the corrective action, thus avoiding the likelihood of the local authority which can take some corrective or strict actions against the vehicle or vehicle owner such as invoice cutting, elimination of the vehicle, or apply heavy fines.
Claim(s) 34 is rejected under 35 U.S.C. 103 as being unpatentable over Light-Holets (US 20220219674) in view of Noonan (US 2019/0012854) and Garg (IN202011036257A), further in view Bawane (IN 202121036971A).
Claim 34, Light-Holets discloses the vehicular sensing system of claim 28, but is silent to wherein, based on the vehicular sensing system determining that the vehicle is compliant with the maximum allowed level of the pollutant, an emissions certification is issued for the vehicle.
However, Bawane discloses a pollution under control (PUC) alert. The first the gas analyzer (2) has to connect with the digital display timer unit (1) with data cable. Once the gas analyzer (2) will be inserted in exhaust pipe, based on quality of emission the gas analyzer (2) will feed the expiry time in days to the digital display timer unit (1). The timer (1) will show the time left to recheck the PUC. Once the timer come to 1 day left, the beeper (3) will start making beeping sound to indicate that PUC is going to expire. If timer comes to zero days left for recheck, it gives the signal through the blue LED (4), to indicate that PUC certification of vehicle is expired. Once the PUC recertification is done, the beeper (3) and the blue LED (4) will be turned off automatically [see Desc. and Fig 1, below].
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It would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in Light-Holets to include based on the vehicular sensing system determining that the vehicle is compliant with the maximum allowed level of the pollutant, an emissions certification is issued for the vehicle, as suggested and taught by Bawane, with a reasonable expectation of success, for the purpose of providing a system to remind the driver to check PUC and thus the driver would not have to pay the penalty for driving without a PUC certificate.
Response to Arguments
Applicant’s arguments with respect to all claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RENEE MARIE LAROSE whose telephone number is (313)446-4856. The examiner can normally be reached M- F 8:30 am - 5 pm.
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/Renee LaRose/Examiner, Art Unit 3657 /ABBY LIN/Supervisory Patent Examiner, Art Unit 3657