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 . This office action is in response to an amendment filed on 10/16/2025. Claims 1-8 are pending.
Response to Amendments
Amendments filed on 10/16/2025 are under consideration. Claims 1-8 are amended. Claim Interpretation regarding claims 1-8 have been removed upon amendment. Claim rejection under 35 USC § 112(b) regarding claims 1-8 has been removed upon correction
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.
Claims 1-5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Oguma et al. (US10363922B2) in view of Yoshioka (US 2015/0007564 A1) also in view of Hitoshi (JP,2014-077363,A) and in further view of Kazuyasu (JP6354711B2)
Regarding Claim 1 Oguma teaches A control device for a hybrid vehicle, (Pg. 9 – col. 1 – lines 10-11 – “This invention relates to a control apparatus of a hybrid vehicle”) the hybrid vehicle including an engine (Pg. 9 – Col. 2 – lines 18-19 – “hybrid vehicle including…an engine…” ) a storage battery, (Pg. 9 – Col. 2 – “a battery for supplying electric power to the driving motor”) and a generator driven by the engine to generate electric power, (Pg. 9 – Col. 2 – lines 20-21 – “generator driven by the engine for supplying electric power at least to the battery,”) an electric motor configured to drive the vehicle by electric power supplied from at least one of the generator and the storage battery, (Pg. 9 – col. 2 - lines 18-19 – “hybrid vehicle including a driving motor, a battery for supplying electric power to the driving motor,” & see also Pg. 10 – Col. 4 – lines 32-33 – “a driving motor 11, and an engine 12 as drive sources for traveling.” (equates to an electric motor configured to drive the vehicle by electric power supplied from at least one of the generator and the storage battery as the first quote shows the driving motor being electrically powered wherein it gets its power from the battery and the second quote shows it drives the vehicle. ) ) a controller including a processor configured to: (Pg. 10 – Col. 4 – lines 58 – 61 – “control apparatus 30 for integrated control of various devices loaded on the vehicle 10… central processing unit (CPU),” ) switch, (Pg. 9 – Col. 2 – lines 9-11 – “control apparatus of a hybrid vehicle 10 which, when the travel mode is switched from the EV mode to the series mode… ” (equates to switch as the quote shows a control apparatus configured to switch travelling modes of the vehicle.)) based on a required output required for the vehicle, (Pg. 9 – Col. 1 – lines 56-57 - “…switch the travel mode from the EV mode to the series mode or the like for traveling…” (equates to: based on a required output required for the vehicle as the travel mode switching is done based on ev and hv modes for traveling and thus the output is the cars ability to travel within each given mode type.)) between a first traveling mode in which the electric motor is driven by electric power supplied from the storage battery with the engine stopped, (Pg. 11 – Col. 5 – lines 20-24 – “The EV mode corresponds to the second 20 mode, because in this mode the engine 12 is stopped for travelling. In detail, the EV mode is the travel mode in which the engine 12 is kept to a halt and the driving motor 11 is operated as a drive source” & See Also Pg. 9 – Col. 2 – “a battery for supplying electric power to the driving motor” (equates to between a first traveling mode in which the electric motor is driven by electric power supplied from the storage battery with the engine stopped as the quote shows a traveling mode in which the vehicle is driven by the driving motor, wherein the driving motor is electrically powered as seen from the second quote. )) and a second traveling mode in which the vehicle travels while causing the generator to generate electric power by a driving force of the operated engine, (Pg. 9 – Col.1 – lines 16-23 – “hybrid vehicles configured to obtain the driving force of the vehicle from a combination of a driving motor and an engine have been developed, and have increasingly found practical use. As hybrid vehicles, not only vehicles in which a generator is driven by an engine to generate electric power and a battery for supplying electric power to a driving motor is electrically charged with the generated power (PHY),” (equates to and a second traveling mode in which the vehicle travels while causing the generator to generate electric power at a by a driving force of the operated engine as the art shows a vehicle that can travel based on the engine being in use and how the generator then generates electric power based on the use of the engine. )) and perform a warm-up operation in which the engine is operated at a first load smaller than the predetermined load (Pg. 1 – Abstract – “a specific mode (warm-up mode) is selected when the required output is lower than the first determination threshold value and higher than the second determination threshold value” & See Also Pg. 11 –Col. 6 – lines 45-50 “The warm-up mode (specific mode) is the travel mode in which the driving motor 11 is operated, and the engine 12 is driven, with the clutch 21 out of engagement. This mode is included in the series mode (first mode), but is a mode in which the engine 12 is restricted to a predetermined load or less…” & See Also Pg. 11 – col. 6 – lines 39 – 44 – “In the present embodiment, the control apparatus 30, for example, stores travel mode determination maps shown in FIGS. 2A, 2B and FIGS. 3A to 3C. Using these maps, the selection means 32 selects one of the EV mode (second mode), the series mode (first mode), and the warm-up mode (specific mode) as the travel mode.” (equates to a control unit configured to perform a warm-up operation in which the engine is operated at a first load smaller than the predetermined load as the first quote shows the operation of the warm up mode in which the output is smaller than predetermined load. The second quote shows the engine itself being operated at a load smaller than a predetermined amount wherein the third quote shows the ability of a control unit to switch between the travel modes, which would include the operation of the warm up mode. )) while the vehicle is driven by the electric motor before switching from the first traveling mode to the second traveling mode, (Pg. 11 – Col. 5 – lines 20-24 – “The EV mode corresponds to the second 20 mode, because in this mode the engine 12 is stopped for travelling. In detail, the EV mode is the travel mode in which the engine 12 is kept to a halt and the driving motor 11 is operated as a drive source.” (equates to while the vehicle is driven by the electric motor before switching from the first traveling mode to the second traveling mode as the quote given shows an operating mode wherein only the electric motor is used and thus the vehicle is driven by only the motor in this traveling mode.)) wherein the warm-up operation has a normal warm-up operation mode in which the engine is operated at the first load (Pg. 11 – Col. 6 – lines 45-50 – “The warm-up mode (specific mode) is the travel mode in which the driving motor 11 is operated, and the engine 12 is driven, with the clutch 21 out of engagement. This mode is included in the series mode (first mode), but is a mode in which the engine 12 is restricted to a predetermined load or less…” (equates to wherein the warm-up operation has a normal warm-up operation mode in which the engine is operated at the first load as the engine is shown to be operated during the warm up stage a reduced load )), and the processor is configured not to increase the engine load (Pg. 10 – Col. 3 – lines 30-32 – “It is preferred that the second determination threshold 30 value be set in a plurality of steps. By so doing, an increase in control load can be curtailed” & See Also Pg. 10 – Col. 4 – lines 62 – 66 – “The control apparatus 30 grasps the operating state of the vehicle 10 based on signals from various sensors provided in the vehicle 10, and controls the various devices comprehensively based on the operating state of the vehicle 10.” (equates to the and the processor is configured not to increase the engine load as the first quote shows the curtailing or stopping of increasing an engine load wherein the second quote shows the control apparatus controlling devices within the vehicle) as compared with the case of being switched from the normal warm-up operation to the second traveling mode when switching to the second traveling mode after the warm up operation ends (Pg. 9 – [Col. 2 ] – lines 50-55 – “With the present invention described above, when the required output is lower than the first determination threshold value and higher than the second determination threshold value, the selection means selects the specific mode in which the engine is driven under the predetermined load or lower. By so doing, the exhaust purification catalyst is appropriately warmed, before the required output exceeds the first determination threshold value, namely, before the first mode is selected” & See Also Pg. 10 – Col. 3 – lines 30-32 – “It is preferred that the second determination threshold 30 value be set in a plurality of steps. By so doing, an increase in control load can be curtailed” (equates to as compared with the case of being switched from the normal warm-up operation to the second traveling mode when switching to the second traveling mode after the warm up operation ends as the first quote shows the threshold being set in accordance in which the engine load isn’t increasing and that when the warm up ends the travel mode can be selected and the second quote further showing the control load being lessened and thus not increasing. ) ) and in the second traveling mode after switching, (Pg. 1 – Abstract – “A control apparatus of a hybrid vehicle which, when a travel mode is switched from an EV mode (second mode) to a series mode (first mode)…” (equates to in the second traveling mode after switching as the quote shows 2 travel modes being interchangeable. )) travels the vehicle while causing the generator to generate the electric power (Pg. 9 – Col.1 – lines 16-23 – “hybrid vehicles configured to obtain the driving force of the vehicle from a combination of a driving motor and an engine have been developed, and have increasingly found practical use. As hybrid vehicles, not only vehicles in which a generator is driven by an engine to generate electric power and a battery for supplying electric power to a driving motor is electrically charged with the generated power (PHY),” (equates to, travels the vehicle while causing the generator to generate the electric power as the quote shows the vehicle capable of traveling with use of an engine while a generator is being driven to generate power.))
Yet Oguma fails to teach including an exhaust gas recirculation system configured to guide a part of exhaust gas from an exhaust passage to an intake passage. the control device comprising: determine whether an exhaust gas recirculation valve that adjusts a flow rate of the exhaust gas flowing into the exhaust gas recirculation system has a failure; and a failure warm-up operation mode in which the engine is operated at an engine load increased to a second load larger than the first load, when the exhaust gas recirculation valve is not determined to have the failure; when the exhaust gas recirculation valve is determined to have the failure, at the predetermined load or larger without the control of increasing the engine load.
Yoshioka teaches including an exhaust gas recirculation system configured to guide a part of exhaust gas from an exhaust passage to an intake passage, (Pg. 1 – Abstract – “low pressure loop EGR apparatus includes a EGR passage to allow part of exhaust gas discharged from a combustion chamber of the engine to an exhaust passage to flow as EGR gas in an intake passage to return to the combustion chamber,” (equates to including an exhaust gas recirculation system configured to guide a part of exhaust gas from an exhaust passage to an intake passage as the quote shows an exhaust gas recirculation apparatus that diverts exhaust gas to the intake of the chamber. )) the control device comprising: determine whether an exhaust gas recirculation valve that adjusts a flow rate of the exhaust gas flowing into the exhaust gas recirculation system has a failure; (Pg. 19 – [0003] – “more particularly to a failure detection device configured to detect a failure of the exhaust recirculation apparatus.” & see Also Pg. 21 – [0040] – “exhaust gas recirculation (EGR) valve 18 placed in the EGR passage 17 to regulate an exhaust gas flow rate (EGR flow rate) in the EGR passage 17” & See Also Pg. 19 – [0009] – “If the failure is determined to be present, the type of that failure is determined. Herein, if the actual measured value of the intake pressure is different from the estimated value, it means that the intake pressure did not vary even when the EGR valve was controlled to open and close. It is thus possible to determine that the EGR valve is failed.” & See Also Pg. 21 – [0043] – “The ECU 50 includes a central processing unit (CPU), various memories that store a predetermined control program and others in advance and that temporarily store computational results and others of the CPU, and an external input circuit and an external output circuit connected to each of them. The ECU 50 is one example of a failure determining unit of the invention” (equates to the control device comprising: a failure determination unit configured to determine whether an exhaust gas recirculation valve that adjusts a flow rate of the exhaust gas flowing into the exhaust gas recirculation system has a failure as the fourth quote shows the failure determination unit of this art to be within the ecu. Wherein the second quote shows the EGR of this art controls a flow rate via a valve within the egr. And the first and third quote show The failure can be determined based on the varying degree of pressure at the intake from expected to compared values which is directly associated with the valve that adjusts the flow rate. )) when the that the exhaust gas recirculation valve is not determined to have the failure (Pg. 23 – [0059] – “In Step 270, since the difference between the valve closing intake amount Gae and the valve-opening intake amount Gao is large, the ECU 50 determines the EGR valve 18 is normal, that is, the EGR valve 18 is functioning normally, and advances the processing to Step 250. At that time, the ECU 50 can store, in a memory, the fact that the EGR valve 18 is determined to be normal ("normality determination").” (equates to when the failure determination unit determines that the exhaust gas recirculation valve does not have the failure as the opening is determined to be functioning normally and thus a failure has not occurred.)) when the exhaust gas recirculation valve is determined to have the failure (Pg. 23 – [0060] – “EGR valve 18 is failed, that is, the EGR valve 18 is malfunctioning, in a closed state ("closed-valve failure determination") and shifts the processing to Step 250. At that time, the ECU 50 can notify a driver of the fact that the of closed-valve failure determination or store this fact in a memory.”)
Yet Oguma-Yoshioka fails to teach at a predetermined load or larger, at the predetermined load or larger without the control of increasing the engine load.; and a failure warm-up operation mode in which the engine is operated at an engine load increased to a second load larger than the first load;
Hitoshi teaches and a failure warm-up operation mode in which the engine is operated at an engine load increased to a second load larger than the first load (Pg. 19 – [0070] – “The operation line Ll shown in FIG. 6 is an operation line that is used (changed) when the opening degree of the EGR valve 72 at the time of EGR valve open sticking (hereinafter, also referred to as an EGR valve opening degree) is 50%, and is an operation line in which the operating point of the engine 1 is set on the high-load side (high-output side) with respect to the operation line LO at the normal time.” & See Also Pg. 19 – [0069] – “Operation lines Ll, L2, and L3 illustrated in FIG. 6 are operation lines of the engine 1 (operation lines at the time of EGR valve open sticking) used (changed) when the EGR valve 72 is stuck in the open state” (equates to and a failure warm-up operation mode in which the engine is operated at an engine load increased to a second load larger than the first load as the first quote shows the l1 line being with respect to the high load and that is higher load on the engine when compared to the normal mode or L0 mode. The second quote shows how this is further related to the failure determination of the vehicle wherein the EGR valve is stuck in an open position or has a failure due to the opening degree of the valve. )) and smaller than the predetermined load (Pg. 19 – [0071] – “When the operation line of the engine 1 is changed to the operation line L2, the opening degree of the throttle valve 17 is controlled to be larger than that in the normal state (when the EGR valve is normal) (larger than that in the case of the operation line Ll).” (equates to and smaller than a predetermined load as the quote shows the previously cited L1 that is higher than the normal mode of operation being smaller than the predetermined load of L2))
Yet all fail to teach at a predetermined load or larger, at the predetermined load or larger without the control of increasing the engine load.
Kazuyasu teaches at a predetermined load or larger (Pg. 1 – [0005] – “the target generated electric power to be generated by the generator in the charging running mode, in the case where the generator is driven by operating the engine at the predetermined number of revolutions, the engine load (the load of the generator (generating load)) is It is preferable to set so as to be equal to or more than the load.” (equates to at a predetermined load or larger as the generator is generating power as seen from thew quote wherein the load of generator is equal to or more than the load.)) at the predetermined load or larger without the control of increasing the engine load. (Pg. 16 – [0080] – “when the engine 10 is operated at the above-mentioned predetermined number of revolutions and the generator 20 is driven with respect to the target generated power generated by the generator 20, the engine load becomes equal to or higher than the predetermined load” (equates to at the predetermined load or larger without the control of increasing the engine load as the generator of this art is being driven with respect to the target generated power and the engine doing the driving can be equal to the predetermined load and thus can be done without increasing the engine load.)). It would have been an advantageous addition to the system disclosed by Oguma-Yoshioka- Yoshioka(2)-Ando-Hitoshi to include at a predetermined load or larger, at the predetermined load or larger without the control of increasing the engine load as these limitations give setpoint for the generator to operate at and ensure a constant engine output based on the set point values prescribed for the generator.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to include at a predetermined load or larger, at the predetermined load or larger without the control of increasing the engine load as these limitations allow for a driving mode to be had in which a needed or demanded amount of electric power is generated from the generator while the engine is not forced to increased its output.
Regarding Claim 2 Oguma-Yoshioka-Hitoshi- Kazuyasu teaches (Oguma teaches the following limitations:) The control device for the hybrid vehicle according to claim 1, wherein an exhaust purification catalyst is provided in the exhaust passage, (Pg. 9 – Col. 2 – lines 59-61 – “whereby the 60 first mode is selected, an exhaust gas is satisfactorily purified by the exhaust purification catalyst.”) the control device further comprises a catalyst temperature detection unit configured to detect a temperature of the exhaust purification catalyst, (Pg. 9 – Col. 2 – “detection means for detecting a temperature of an exhaust purification catalyst provided in the engine” (equates to wherein an exhaust purification catalyst is provided in the exhaust passage as the quote shows a temperature sensor being provided to detect exhaust purification catalyst.)) and the processor is configured to end the operation mode when the temperature of the exhaust purification catalyst becomes equal to or higher than a predetermined temperature during the warm-up operation. (Pg. 11 – Col. 6 – lines 26-38 – “When the temperature of the exhaust purification catalyst 23 is equal to or higher than the predetermined temperature Tel, the selection means 32 judges that the exhaust purification catalyst 23 is in a substantially activated state, namely, a state where warm-up of the exhaust purification catalyst 23 is not necessary. Based on this judgment, the selection means 32 selects the travel mode conformed to this state. When the temperature of the exhaust purification catalyst 23 is lower than the predetermined temperature Tel, the selection means 32 judges that the exhaust purification catalyst 23 is in a state where its warm-up is needed. Based on this judgment, the selection means 32 selects the travel mode conformed to this state.” & See Also Pg. 11 – Col. 5 – lines 11-14 – “selects the travel mode which is either a first mode in which the engine 12 is driven, or a second mode in which the vehicle travels, with the engine 12 being stopped” & See Also Pg. 11 – Col. 6 – lines 57-66 – “The warm-up mode (specific mode) is executed, with the engine 12 being operated continuously for a predetermined time under a constant load or at a constant rotational speed, 60 irrespective of the required output required of the vehicle 10. When the temperature of the exhaust purification catalyst 23 becomes a predetermined temperature or higher, for example, the predetermined temperature Tel or higher, the warm-up mode is released. Thus, variations in the load or 65 rotational speed of the engine during the warm-up mode can be suppressed.” (equates to and the control unit ends the operation mode as the first quote shows the ability to determine travel mode based upon the exhaust purification catalyst temperature wherein the last quote shows the engine load being reduced when the warm up operation is released which is in line with the temperature being above the threshold. Similarly the cited quotes equate to when the temperature of the exhaust purification catalyst becomes equal to or higher than a predetermined temperature during the warm-up operation as the first quote shows the temperature being above the threshold and when it is it exits the warmup operation. ))
Yet Oguma-Yoshioka- Kazuyasu fails to teach the failure warm-up operation mode.
Hitoshi teaches the failure warm-up operation mode (Pg. 19 – [0070] – “The operation line Ll shown in FIG. 6 is an operation line that is used (changed) when the opening degree of the EGR valve 72 at the time of EGR valve open sticking (hereinafter, also referred to as an EGR valve opening degree) is 50%, and is an operation line in which the operating point of the engine 1 is set on the high-load side (high-output side) with respect to the operation line LO at the normal time.” & See Also Pg. 19 – [0069] – “Operation lines Ll, L2, and L3 illustrated in FIG. 6 are operation lines of the engine 1 (operation lines at the time of EGR valve open sticking) used (changed) when the EGR valve 72 is stuck in the open state” (equates to the failure warm-up operation mode as the engine load L1 is higher than the normal mode L0 and lower than another predetermined load (L2 and L3) and therefor is in line with the claim definition of the failure warm-up operation mode.)) It would have been an advantageous addition to the system disclosed by Oguma-Yoshioka- Yoshioka (2)- Ando- Kazuyasu to include the failure warm-up operation mode as this would have ensured that when a failure had been determined that exhaust purification catalyst temperature would be taken into account to ensure an exit from the failure warm up operation state.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to include the failure warm-up operation mode as this would ensure an exit can be made from the failure warm up state wherein an exit can be determined based on a temperature of the exhaust purification catalyst thus allowing the engine to return to a normal operation mode.
Regarding Claim 3 Oguma-Yoshioka -Hitoshi- Kazuyasu teaches (Oguma teaches the following limitations:) The control device for the hybrid vehicle according to claim 1, wherein the processor is configured to control a rotation speed of the engine to be constant for a predetermined period of time in the warm-up operation. (Pg. 11 – Col. 6 – lines 57-59 – “The warm-up mode (specific mode) is executed, with the engine 12 being operated continuously for a predetermined time under a constant load or at a constant rotational speed,” & See Also Pg. 10 – Col. 3 – “the control apparatus preferably operates the engine under a constant load, irrespective of the required output. By so doing, control in the specific mode is facilitated, and noises due to load variations are also reduced. When the specific mode is selected by the selection means, it is preferred for the control apparatus to continue the specific mode for a predetermined period of time” (equates to wherein the control unit controls a rotation speed of the engine to be constant for a predetermined period of time in the warm-up operation as the quote shows the engine being operated continuously for a predetermined period at a constant rotation speed, wherein the second quote shows a control unit being able to performed the aforementioned function.))
Regarding Claim 4 Oguma-Yoshioka-Hitoshi- Kazuyasu teaches (Oguma teaches the following limitations:) The control device for the hybrid vehicle according to claim 1 as previously mapped above.
Yet Oguma - Kazuyasu fails to teach wherein the processor is configured to estimate an opening degree of the exhaust gas recirculation valve when determining that the exhaust gas recirculation valve has the failure, and the processor is configured to set an increased amount of the engine load in the failure warm-up operation mode with respect to the normal warm-up operation mode
Yoshioka teaches wherein the processor is configured to estimate an opening degree of the exhaust gas recirculation valve when determining that the exhaust gas recirculation valve has the failure, (Pg. 25 – [0088] & [0089] – “In Step 390, the ECU 50 determines whether or not the taken target opening degree TEGR is smaller than a predetermined value a. If YES in Step 390, the ECU 50 advances the processing to Step 400. If NO in Step 390, the ECU 50 shifts the processing to Step 410. In Step 400, the ECU 50 sets a small opening degree check flag Xegropenl to "1". This flag Xegropenl is set to "1" when the EGR valve 18 was subjected to failure check in a range where the target opening degree TEGR of the EGR valve 18 is smaller than the predetermined value a..” (equates to wherein the failure determination unit estimates an opening degree of the exhaust gas recirculation valve when determining that the exhaust gas recirculation valve has the failure as the target opening degree is equivalent to this application’s estimated value and when the value is smaller than the predetermined value a failure of the valve is flagged as seen.)) in accordance with the opening degree of the exhaust gas recirculation valve when determined that the exhaust gas recirculation valve is in the failure. (Pg. 25 – [0090] – “the ECU 50 sets a large opening degree check flag Xegropen2 to "l". This flag Xegropen2 is set to "1" when the EGR valve 18 was subjected to failure check in a range where the target opening degree TEGR of the EGR valve 18 is equal to or larger than the predetermined value a..” (equates to in accordance with the opening degree of the exhaust gas recirculation valve when determined that the exhaust gas recirculation valve is in the failure as the quote shows an opening degree responding to a failure check of the gr valve wherein the valve has an opening degree larger than a predetermined value.))
Yet all Oguma-Yoshioka-Kazuyasu fail to teach and the processor is configured to set an increased amount of the engine load in the failure warm-up operation mode with respect to the normal warm-up operation mode
Hitoshi teaches and the processor is configured to set an increased amount of the engine load in the failure warm-up operation mode with respect to the normal warm-up operation mode (Pg. 19 – [0070] – “The operation line Ll shown in FIG. 6 is an operation line that is used (changed) when the opening degree of the EGR valve 72 at the time of EGR valve open sticking (hereinafter, also referred to as an EGR valve opening degree) is 50%, and is an operation line in which the operating point of the engine 1 is set on the high-load side (high-output side) with respect to the operation line LO at the normal time.” & See Also Pg. 19 – [0069] – “Operation lines Ll, L2, and L3 illustrated in FIG. 6 are operation lines of the engine 1 (operation lines at the time of EGR valve open sticking) used (changed) when the EGR valve 72 is stuck in the open state” (equates to the control unit sets an increased amount of the engine load in the failure warm-up operation mode with respect to the normal warm-up operation mode as the quote shows the l1 line being a high load with respect to the normal operation mode and thus satisfies the limitation of being ran at a higher load than a normal load. The second quote shows the l1 line being in line with a failure determination as the valve is in a stuck open position..)) It would have been an advantageous addition to the system disclosed by Oguma-Yoshioka(2)-Yoshioka-Ando- Kazuyasu to include and the processor is configured to set an increased amount of the engine load in the failure warm-up operation mode with respect to the normal warm-up operation mode as having the increase in engine load while the EGR valve has a failure allows for greater engine efficiency to be achieved.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to include and the control unit sets an increased amount of the engine load in the failure warm-up operation mode with respect to the normal warm-up operation mode as this limitation allows for a more fuel efficient engine to be realized when the failure determination units sees the EGR valve in a stuck open position.
Regarding Claim 8 Oguma-Yoshioka-Yoshioka(2)-Ando-Hitoshi- Kazuyasu teaches (Oguma teaches the following limitations:) The control device for the hybrid vehicle according to claim 1, wherein the processor is further configured to: the processor is configured to switch to the second traveling mode (Pg. 9 – Col. 1 – lines 36 – 43 – “In an example of such hybrid vehicles, in accordance with the state of charge (SOC) of the battery such as a decrease in the remaining capacity of the battery during the EV travel mode, the travel mode is switched from the EV travel mode to the HV travel mode ( corresponding to the above series mode or parallel mode), to actuate the engine, and the driving force of the engine is used to charge the battery or run the vehicle” (equates to wherein the traveling mode switching control unit switches to the second traveling mode as the quote shows the traveling mode being switched from the EV to HV mode.)),
Yet Oguma-Yoshioka-Yoshioka(2) -Hitoshi- Kazuyasu fails to teach estimate a state of charge of the storage battery, when the state of charge of the storage battery becomes equal to or less than a first predetermined value in the first traveling mode and the processor starts the warm-up operation when the state of charge of the storage battery becomes equal to or less than a second predetermined value higher than the first predetermined value.
Ando teaches estimate a state of charge of the storage battery, (Pg. 10 – [0006] – “On the other hand, the electrical storage device included in the hybrid vehicle is appropriately charged with regenerative energy and the power of the engine during operation of the hybrid vehicle. Thus, the remaining level of the electrical storage device is kept at an appropriate value. The remaining level of the electrical storage device is, for example, indicated by a parameter that indicates a state of charge (SOC).” & See Also Pg. 13 – [0061] – “The PMECU 70 receives a remaining level (state of charge) SOC of the battery 63, calculated by the battery ECU 71.”(equates to comprising a state-of-charge estimation unit configured to estimate a state of charge of the storage battery as the quote shows a state of charge (SOC) parameter that can estimate the SOC of the battery and thus the parameter of this art is equivalent to the unit of this application, and the second quote goes to further show an ECU that does the estimation. )) when the state of charge of the storage battery becomes equal to or less than a first predetermined value in the first traveling mode (Pg. 14 – [0073] – “The forced charging operation is a control for, when the remaining level SOC of the battery 63 is lower than or equal to a predetermined remaining level correlated threshold SOCth (for example, about 30% to 35% )… operates the engine 20 such that the engine 20 generates a larger power” (equates to when the state of charge of the storage battery becomes equal to or less than a first predetermined value in the first traveling mode as the quote shows a state of charge falling below a threshold and the engine operation changes to accommodate this low battery level thus a first travel mode is seen to change based on the engine usage. )) and the processor starts the warm-up operation when the state of charge of the storage battery becomes equal to or less than a second predetermined value higher than the first predetermined value. ((Pg. 15 – [0081] – “Now, it is assumed that the catalyst warm-up operation is required because the coolant temperature THW is lower than or equal to the predetermined temperature correlated threshold THWth, and the forced charging operation is not required because the remaining level SOC is higher than the predetermined remaining level correlated threshold SOCth” & See Also Pg. 14 – [0073] – “threshold SOCth (for example, about 30% to 35%)” & See Also Pg. 15 – [0082] – “In this case, the EG makes affirmative determination in step 305 and then proceeds with the process to step 310, and transmits a catalyst warm-up request signal from the engine ECU 73 to the PMECU 70. Subsequently, the CPU proceeds with the process to step 315, and sets the value of a catalyst warm-up facilitating retardation flag Xdanki at" 1 ". The value of the catalyst warm-up facilitating retardation flag Xdanki is set at "0" by the EG through an initial routine (not shown) executed immediately after a system start-up. Subsequently, the EG proceeds with the process to step 320, and determines whether a normal catalyst warm-up operation permission signal transmitted from the PMECU 70 is "1".” (equates to the control unit starts the warm-up operation when the state of charge of the storage battery becomes equal to or less than a second predetermined value higher than the first predetermined value as these quotes show the SOC value being above the SOCth value wherein the charging operation needs to take place thus a predetermined value higher than the first value is used in order to start the warm up operation. Wherein the third quote shows that based on the higher charged battery value the warmup request can be initiated and the warm up will start based on the “1” signal sent from the PMECU. )) It would have been an advantageous addition to the system disclosed by Oguma-Yoshioka-Yoshioka(2) -Hitoshi- Kazuyasu to include comprising a state-of-charge estimation unit configured to estimate a state of charge of the storage battery, when the state of charge of the storage battery becomes equal to or less than a first predetermined value in the first traveling mode and the processor starts the warm-up operation when the state of charge of the storage battery becomes equal to or less than a second predetermined value higher than the first predetermined value as these limitation allow for dynamic setup of SOC estimation with use of the warm up operation modes allowing for a layer of linking between the system components to be had ensuring that a warmup operation can only take place when the battery is properly charged.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to include comprising a state-of-charge estimation unit configured to estimate a state of charge of the storage battery, when the state of charge of the storage battery becomes equal to or less than a first predetermined value in the first traveling mode and the processor starts the warm-up operation when the state of charge of the storage battery becomes equal to or less than a second predetermined value higher than the first predetermined value with these limitations the state of charge can be utilized to better understand when to which switch travel modes and ensure that the state of charge allows warm up to happen only when the battery is of a value that can handle the operation.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Oguma -Yoshioka-Hitoshi-Kazuyasu and in further view of Ando (US 2014/0297088A1)
Regarding Claim 5 Oguma-Yoshioka-Hitoshi- Kazuyasu teaches (Oguma teaches the following limitations:) The control device for the hybrid vehicle according claim 1, in the failure warm-up operation mode.
Yet Oguma-Yoshioka- Kazuyasu fails to teach wherein the processor is configured to increase the engine load by increasing at least an output of the generator in the failure warm-up operation mode.
Hitoshi teaches in the failure warm-up operation mode. (Pg. 19 – [0070] – “The operation line Ll shown in FIG. 6 is an operation line that is used (changed) when the opening degree of the EGR valve 72 at the time of EGR valve open sticking (hereinafter, also referred to as an EGR valve opening degree) is 50%, and is an operation line in which the operating point of the engine 1 is set on the high-load side (high-output side) with respect to the operation line LO at the normal time.” & See Also Pg. 19 – [0069] – “Operation lines Ll, L2, and L3 illustrated in FIG. 6 are operation lines of the engine 1 (operation lines at the time of EGR valve open sticking) used (changed) when the EGR valve 72 is stuck in the open state” (equates to in the failure warm up operation mode as the engine load is increase in L1 when compared to L0 of the normal operation being in line with the claim 1 limitation language of a failure warm up operation mode.))
Yet Oguma-Yoshioka- Kazuyasu – Hitoshi fails to teach wherein the control unit increases the engine load by increasing at least an output of the generator
Ando teaches wherein the control unit increases the engine load by increasing at least an output of the generator (Pg. 10 – [0008] – “to increase the amount of electric power generated by the generator by increasing the power of the engine as the remaining level decreases. As a result, during forced charging operation, a load of the engine increases” & See Also Pg. 10 – [0011] – “a control device that generates torque required to rotate the drive shaft by controlling at least torque generated by the internal combustion engine and torque generated by the electric motor, and that changes the electric power generated by the generator by controlling the power generated by the internal combustion engine.” (equates to wherein the control unit increases the engine load by increasing at least an output of the generator as the quote shows the ability to increase the electrical power generated by the generator which in turn increases the engine load.)). It would have been an advantageous addition to the device disclosed by Oguma-Yoshioka- Kazuyasu – Hitoshi to include wherein the control unit increases the engine load by increasing at least an output of the generator as this limitation allows for direct control of the generator and thus allows for a specific power to be generated by the engine ensuring a wider range of control is had over the hybrid vehicle in terms of generating power to be used.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to include wherein the control unit increases the engine load by increasing at least an output of the generator as this limitation allows for control of the generator to be had by way of using the engine rather than only controlling the engine to generate power.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Oguma -Yoshioka-Hitoshi-Kazuyasu and in further view of Kojima (US 6,520,160 B2)
Regarding Claim 6 Oguma -Yoshioka-Yoshioka(2)-Ando-Hitoshi-Kazuyasu teaches The control device for the hybrid vehicle according to claim 1 as mapped above.
Yet Oguma -Yoshioka -Hitoshi-Kazuyasu fails to teach wherein during the warm-up operation, when the required output of the engine becomes higher than an output of the engine in the warm-up operation, the processor is configured to forcibly stop the warm-up operation and operatively control the engine based on the required output of the engine.
Kojima teaches wherein during the warm-up operation, when the required output of the engine becomes higher than an output of the engine in the warm-up operation, the processor is configured to forcibly stop the warm-up operation and operatively control the engine based on the required output of the engine. (Pg. 7 – Col. 2 – lines 53 – 59 – “If engine output higher than a maximum output which can be generated by the internal combustion engine being 55 warmed up is requested when the internal combustion engine is warmed up, the operating condition of the internal combustion engine is changed over from the warm-up operation to an operating condition corresponding to the requested engine output.” (equates to wherein during the warm-up operation, when the required output of the engine becomes higher than an output of the engine in the warm-up operation, the control unit forcibly stops the warm-up operation and operatively controls the engine based on the required output of the engine as the quote shows the hybrid vehicle being in a warm up operation wherein the engine output is then higher than the warmup mode can handle wherein the engine operation state is transitioned over to the required output when the required output exceeds the warm up mode capabilities. )). It would have been an advantageous addition to the system disclosed by Oguma -Yoshioka-Yoshioka(2)-Ando-Hitoshi-Kazuyasu to include wherein during the warm-up operation, when the required output of the engine becomes higher than an output of the engine in the warm-up operation, the processor is configured to forcibly stop the warm-up operation and operatively control the engine based on the required output of the engine as these limitations allow for a smooth transition between the warm up mode and the mode in which the engine is requiring a higher output with minimal user intervention.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to include wherein during the warm-up operation, when the required output of the engine becomes higher than an output of the engine in the warm-up operation, the processor is configured to forcibly stop the warm-up operation and operatively control the engine based on the required output of the engine as these limitations allow for a smooth transition of the hybrid vehicle based one engine demands without the user having to transition to the mode wherein the engine can be effectively ran with a higher output.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Oguma -Yoshioka-Hitoshi-Kazuyasu-Kojima and in further view of Li et al. (US 6,802,302 Bl)
Regarding Claim 7 Oguma -Yoshioka -Hitoshi-Kazuyasu-Kojima teaches The control device for the hybrid vehicle according to claim 6, as previously mapped above.
Yet Oguma -Yoshioka -Kazuyasu-Kojima fails to teach wherein in the failure warm-up operation mode, when an exhaust gas recirculation amount set based on the required output of the engine is larger than a sum of an exhaust gas recirculation amount at a time of a failure and an increased amount of the exhaust gas recirculation amount depending on an increased amount of the engine load, the control unit stops the failure warm-up operation mode.
Hitoshi teaches wherein in the failure warm-up operation mode, (Pg. 19 – [0070] – “The operation line Ll shown in FIG. 6 is an operation line that is used (changed) when the opening degree of the EGR valve 72 at the time of EGR valve open sticking (hereinafter, also referred to as an EGR valve opening degree) is 50%, and is an operation line in which the operating point of the engine 1 is set on the high-load side (high-output side) with respect to the operation line LO at the normal time.” & See Also Pg. 19 – [0069] – “Operation lines Ll, L2, and L3 illustrated in FIG. 6 are operation lines of the engine 1 (operation lines at the time of EGR valve open sticking) used (changed) when the EGR valve 72 is stuck in the open state” (equates to wherein in the failure warm-up operation mode as the quote shows an increased engine load with respect to that in the normal operation mode. And wherein a failure is detected to draw upon that increased engine load. )) when an exhaust gas recirculation amount set based on the required output of the engine (Pg. 19 – [0070] – “The operation line Ll shown in FIG. 6 is an operation line that is used (changed) when the opening degree of the EGR valve 72 at the time of EGR valve open sticking (hereinafter, also referred to as an EGR valve opening degree) is 50%, and is an operation line in which the operating point of the engine 1 is set on the high-load side (high-output side)” & See Also Pg. 7 – [0008] – “the EGR rate [EGR amount/ (EGR amount + intake air amount (new air amount)) (%)] increases as the EGR valve opening degree at the time of the sticking open increases” (equates to when an exhaust gas recirculation amount set based on the required output of the engine as the first quote shows an opening degree of the EGR valve corresponding to an engine load being implemented into the vehicle. Wherein the second quote shows the EGR amount being proportional to the EGR rate which is based on the opening degree of the EGR valve. )) an increased amount of the exhaust gas recirculation amount depending on an increased amount of the engine load, (Pg. 7 – [0008] – “the EGR rate [EGR amount/ (EGR amount + intake air amount (new air amount)) (%)] increases as the EGR valve opening degree at the time of the sticking open increases,” & See Also Pg. 19 – [0072] – “operation line that is used (changed) when the EGR valve opening degree at the time of the EGR valve being stuck open is 100%, and is an operation line in which the operating point of the engine 1 is set on the high-load side {high-output side) with respect to the operation line L2 (the stuck-open opening degree of 75%).” (equates to an increased amount of the exhaust gas recirculation amount depending on an increased amount of the engine load as the first quote shows the EGR amount being proportional to the EGR rate that is increasing while the opening degree of the EGR valve is increasing. Wherein the second quote we see that the EGR opening degree is increasing and by doing so the art has an increasing engine load. )) the control unit stops the failure warm-up operation mode. (Pg. 22 – [0086] – “after the operation line of the engine 1 is changed to the operation line Ll, L2, or L3 on the high load side When the stuck open state of the EGR valve 72 is eliminated {for example, when foreign matter is removed by a removal process, vibration, or the like), the determination result of step ST101 is negative {NO), and the control of step ST110 is executed. That is, when the stuck open state of the EGR valve 72 is eliminated and the EGR valve 72 returns to the normal state” (equates to the control unit stops the failure warm-up operation mode as the quote shows the failure passing after being put within the high load or failure warm up state and when it is determined it is no longer within that state the operation of the engine returns to a normal mode.))
Yet Oguma -Yoshioka -Hitoshi-Kazuyasu-Kojima fails to teach is larger than a sum of an exhaust gas recirculation amount at a time of a failure.
Li teaches is larger than a sum of an exhaust gas recirculation amount at a time of a failure (Pg. 6 – Col. 1 – lines 66-67 & Col. 2 – lines 1-5– “The control computer may be configured to diagnose the EGR flow rate operation as failing if the accumulated value of the at least one EGR fraction error sum meets or exceeds one of a first and a second threshold value during a diagnostic period. The control computer may be configured to set the EGR flow rate diagnostic flag to FAIL upon diagnosing the EGR flow rate operation as failing” & See Also Pg. 6 – Col. 1 – lines 51-65 – “The present invention may comprise one or more of the following features and combinations thereof. A system for diagnosing exhaust gas recirculation (EGR) flow rate operation in an internal combustion engine may comprise intake and exhaust manifolds each operatively coupled to the engine, and an EGR conduit for recirculating exhaust gas from the exhaust manifold to the intake manifold. Means are provided for determining an EGR fraction corresponding to a fractional amount of recirculated exhaust gas in a total air charge supplied to the intake manifold, and a control computer is configured to continually accumulate at least one EGR fraction error sum as a function of the EGR fraction and a desired EGR fraction, and to diagnose EGR flow rate operation as a function of the accumulated value of the at least one EGR fraction error sum.” (equates to is larger than a sum of an exhaust gas recirculation amount at a time of a failure as the first quote shows how an EGR error fraction sum is used to determine a failure mode within the vehicle wherein if the sum is larger than a threshold then a failure flag is raised. Wherein the second quote shows the fraction error sum including the amount of EGR supplied to the intake manifold.)) It would have been an advantageous addition to the system disclosed by Oguma -Yoshioka -Hitoshi-Kazuyasu-Kojima to include is larger than a sum of an exhaust gas recirculation amount at a time of a failure as this would have allowed multiple parameters to have been under view by way of one simple calculation for better determining when to exit a failure state when within said state already.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to include is larger than a sum of an exhaust gas recirculation amount at a time of a failure as this limitation sets a known threshold for quantities desired to be viewed when making determination about whether or not to leave the failure warm up operation.
Response to Arguments
Response to 35 U.S.C. § 103 rejection of claims 1-8 applicant’s amendments to the claim changes the scope. Applicant’s arguments have been considered but are not persuasive.
Applicant argues on pages 3-4 , “Applicant submits that from the cited references, taken singly or in combination one skilled in the art would not conceive the idea of "making the load smaller than the second driving mode during the failure warm-up operation when the load is increased".
Even assuming that one skilled in the art conceive, based on Oguma, that during warm-up control, the load is made smaller than normal driving (such as series driving), and based on Yoshioka(2),Ando, and Hitoshi that "the load is increased during EGR valve failure, combining these ideas does not lead to, during the failure warm-up operation, increasing the load compared to the normal warm-up operation but making the load smaller than the load during normal driving (second driving mode: series driving, etc.).
If the load during warm-up control in Oguma is increased in line with Yoshioka(2),Ando, and Hitoshi, saying "increase the load during EGR valve failure," it becomes unclear to what extent the load should be increased and could result in "making the load larger than the load during normal driving(such as series driving)."
At the very least, there is no motivation to implement the concept of, during the failure warm-up operation, increasing the load compared to the normal warm-up operation, but making the load smaller than the load during normal driving (second driving mode: such as series driving), as required in the present invention.
In view of this, even assuming that the cited references can be combined, which Applicant does not admit, the cited references, taken singly or in combination, fail to disclose or suggest the foregoing claimed features recited in claim 1.
Applicants note that Yoshioka(2) discloses increasing the target idle speed during EGR valve open failure in deceleration or idle state. However, this reference does not disclose or suggest how the load should be controlled during normal operations (recovery from deceleration Hitoshi discloses shifting the engine operating line to the high-load side during EGR valve failure according to the valve opening degree." However, this is a control during normal driving (second driving mode) and is contrary to the concept of the present invention, which requires, after the warm-up operation (during normal driving), do not increase the load even if there is a failure.
Kazuyasu only represents the relationship between the load of the engine and the generator, and does not disclose of suggest not increasing the load even if there is a failure after the warm-up operation is complete.” – As to point A the examiner respectfully disagrees. Applicant asserts that Oguma-Yoshioka- Yoshioka (2)- Ando- Hitoshi- Kazuyasu does not teach “making the load smaller than the second driving mode during the failure warm-up operation when the load is increased”. During Patent Examination, pending claims must be given their broadest reasonable interpretation consistent with the specification (see MPEP 2111). The broadest reasonable interpretation of the aforementioned amendment is having the load upon the engine, during a mode in which the vehicle is not warmed up but is attempting to be, to be less than a load for the vehicle traveling in the non EV mode. Oguma teaches a mode in which the vehicle engine load is running at a decreased load when compared to the traveling mode. Hitoshi discloses a failure to warm up operation mode in which the load is increased from the normal warm up to the failure to warm up mode. (as mapped above in claim 1). Therefor the Examiner respectfully disagrees with the applicants arguments and assert that Oguma-Yoshioka- Yoshioka (2)- Ando- Hitoshi- Kazuyasu teaches “making the load smaller than the second driving mode during the failure warm-up operation when the load is increased”. Oguma discloses: and the processor is configured not to increase the engine load (Pg. 10 – Col. 3 – lines 30-32 – “It is preferred that the second determination threshold 30 value be set in a plurality of steps. By so doing, an increase in control load can be curtailed” & See Also Pg. 10 – Col. 4 – lines 62 – 66 – “The control apparatus 30 grasps the operating state of the vehicle 10 based on signals from various sensors provided in the vehicle 10, and controls the various devices comprehensively based on the operating state of the vehicle 10.” (equates to the and the processor is configured not to increase the engine load as the first quote shows the curtailing or stopping of increasing an engine load wherein the second quote shows the control apparatus (containing the processor) modulating components within the vehicle) as compared with the case of being switched from the normal warm-up operation to the second traveling mode when switching to the second traveling mode after the warm up operation ends (Pg. 9 – [Col. 2 ] – lines 50-55 – “With the present invention described above, when the required output is lower than the first determination threshold value and higher than the second determination threshold value, the selection means selects the specific mode in which the engine is driven under the predetermined load or lower. By so doing, the exhaust purification catalyst is appropriately warmed, before the required output exceeds the first determination threshold value, namely, before the first mode is selected” & See Also Pg. 10 – Col. 3 – lines 30-32 – “It is preferred that the second determination threshold 30 value be set in a plurality of steps. By so doing, an increase in control load can be curtailed” (equates to as compared with the case of being switched from the normal warm-up operation to the second traveling mode when switching to the second traveling mode after the warm up operation ends as the first quote shows the threshold being set in accordance in which the engine load isn’t increasing and that when the warm up ends the travel mode can be selected and the second quote further showing the control load being lessened and thus not increasing, when switching between modes. ) )”. Hitoshi teaches: and a failure warm-up operation mode in which the engine is operated at an engine load increased to a second load larger than the first load (Pg. 19 – [0070] – “The operation line Ll shown in FIG. 6 is an operation line that is used (changed) when the opening degree of the EGR valve 72 at the time of EGR valve open sticking (hereinafter, also referred to as an EGR valve opening degree) is 50%, and is an operation line in which the operating point of the engine 1 is set on the high-load side (high-output side) with respect to the operation line LO at the normal time.” & See Also Pg. 19 – [0069] – “Operation lines Ll, L2, and L3 illustrated in FIG. 6 are operation lines of the engine 1 (operation lines at the time of EGR valve open sticking) used (changed) when the EGR valve 72 is stuck in the open state” (equates to and a failure warm-up operation mode in which the engine is operated at an engine load increased to a second load larger than the first load as the first quote shows the l1 line being with respect to the high load and that is higher load on the engine when compared to the normal mode or L0 mode. The second quote shows how this is further related to the failure determination of the vehicle wherein the EGR valve is stuck in an open position or has a failure due to the opening degree of the valve. ))
Applicant argues on page, “ Claims 2-5 and 8, dependent on claim 1, are allowable at least for their dependency on claim 1.
The Examiner is respectfully requested to reconsider and withdraw this rejection.
Claim 6 has been rejected under 35 L.S.C.@ 103 as being unpatentable over Oguma in view of Yoshioka, Yoshioka(2), Ando, Hitoshi, Kazuyasu, and further in view of Kojima (USP 6,520,160). This rejection is respectfully traversed.
Claim 6, dependent on claim 1, is allowable at least for its dependency on claim 1.
The Examiner is respectfully requested to reconsider and withdraw this rejection.
(c)Claim 7 has been rejected under 35 U.S.C. @ 103 as being unpatentable over Oguma in view of Yoshioka, Yoshioka(2),Ando, Hitoshi, Kazuyasu, Kojima, and further in view of Li et al. (USP 6.802.302). This rejection is respectfully traversed.
Claim 7, indirectly dependent on claim 1, is allowable at least for its dependency on claim 1.
The Examiner is respectfully requested to reconsider and withdraw this rejection” – As to point B see point A.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kurtz – (US20210062776 A1) - Systems and methods are provided for using an electric machine as a generator to control boost during an engine cold start. In one example, a method may include receiving a request to increase an engine load during the engine cold start, determining an available capacity of a battery, operating the electric machine as a generator to increase the engine load with an electrical load.
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 extension fee 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 date of this final action.
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/R.A.W./ Examiner, Art Unit 3667
/Hitesh Patel/ Supervisory Patent Examiner, Art Unit 3667
2/3/26