Prosecution Insights
Last updated: April 19, 2026
Application No. 18/560,575

Internal Combustion Engine Control Device

Non-Final OA §112
Filed
Nov 13, 2023
Examiner
DO, AN H
Art Unit
2853
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Hitachi Astemo, Ltd.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
97%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
1293 granted / 1427 resolved
+22.6% vs TC avg
Moderate +7% lift
Without
With
+6.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
25 currently pending
Career history
1452
Total Applications
across all art units

Statute-Specific Performance

§101
11.5%
-28.5% vs TC avg
§103
24.1%
-15.9% vs TC avg
§102
42.7%
+2.7% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1427 resolved cases

Office Action

§112
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 Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 13 November 2023 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites the limitation "a flow rate" in lines 4 and 5. Claim 1 recites the limitation "a detection value" in line 11. Claim 1 recites the limitation "a first time stamp" in line 35. Claim 1 recites the limitation "a calculation result" in line 39. Claim 1 recites the limitation "a calculation result" in line 40. Claim 2 recites the limitation "a previous second time stamp" in line 4. Claim 2 recites the limitation "a current second time stamp" in line 7. There are insufficient antecedent basis for these limitations in the claims. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Oryoji et al (US 12,123,366) disclose an internal combustion engine control device that includes an engine state estimation unit, a wall surface temperature estimation unit, and an operation amount calculation unit. The engine state estimation unit calculates the energy transfer amount from the gas to the wall surface based on the parameter related to the operating condition, the parameter related to the chemical condition of combustion, and the parameter related to an operation status. The wall surface temperature estimation unit estimates the wall surface temperature on the basis of the energy transfer amount from the gas to the wall surface. The operation amount calculation unit calculates an operation amount of an actuator provided in the internal combustion engine on the basis of the wall surface temperature estimated by the wall surface temperature estimation unit. Ishikawa et al (US 11,448,150) disclose an ECU that includes a target torque calculation unit that calculates target torque of an engine for which torque-based engine control is performed using estimated torque, and an estimated torque calculation unit that calculates the estimated torque by calculating a primary delay coefficient equivalent to a time constant calculated for each control cycle based on a change in an actual intake air amount with respect to a target intake air amount of air sucked into the engine and performing primary delay processing on the target torque using the primary delay coefficient. Pursifull et al (US 10,240,545) disclose a method that includes sampling an intake manifold pressure sensor signal at even increments of time, stamping it with its corresponding crank angle and storing it in a buffer. The closest stored signal to the intake valve closing of a cylinder may be used to calculate its air charge. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to AN H DO whose telephone number is (571)272-2143. The examiner can normally be reached on M-F 7:00am-4:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricardo Magallanes can be reached on 571-272-5960. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AN H DO/Primary Examiner, Art Unit 2853
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Prosecution Timeline

Nov 13, 2023
Application Filed
Feb 05, 2026
Non-Final Rejection — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
97%
With Interview (+6.7%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 1427 resolved cases by this examiner. Grant probability derived from career allow rate.

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