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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-4 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
As to claim 1, the claim recites “A method for determining a component temperature in an engine, the method being performed by a controller of a vehicle, the method comprising:
determining, by at least one temperature sensor connected to the controller, a chamber temperature of at least one combustion chamber of the engine, at least part of the at least one temperature sensor being in contact with fluid within the at least one combustion chamber; and
determining, by the controller, the component temperature based on the chamber temperature by calculating the component temperature based on the chamber temperature,
calculating the component temperature comprising applying a linear offset value to the chamber temperature.”
Under the Step 1 of the eligibility analysis, we determine whether the claim is directed to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (process for claim 1).
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the bold type portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject matter Eligibility Guidance, it falls into the grouping of subject matter when recited as such in a claim that covers mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations).
In claim 1, the steps identified in bold type are a mathematical concept, therefore, they are considered to be abstract idea.
Next, under the Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application.
In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
The claim comprises the following additional elements:
determining, by at least one temperature sensor connected to the controller, a chamber temperature of at least one combustion chamber of the engine, at least part of the at least one temperature sensor being in contact with fluid within the at least one combustion chamber; and by the controller.
The additional element “determining, by at least one temperature sensor connected to the controller, a chamber temperature of at least one combustion chamber of the engine” represents necessary data gathering and does not integrate the limitation into a practical application.
The additional elements “by at least one temperature sensor connected to the controller”; and “at least part of the at least one temperature sensor being in contact with fluid within the at least one combustion chamber” are not sufficient to integrate the abstract idea into a practical application because they only add insignificant extra-solution activities to the judicial exception. In addition, a generic controller is generally recited and therefore, not qualified as a particular machine.
In conclusion, the above additional elements, considered individually and in combination with the other claims elements do not reflect an improvement to other technology or technical field, do not reflect improvements to the functioning of the computer itself, do not recite a particular machine, do not effect a transformation or reduction of a particular article to a different state or thing, and, therefore, do not integrate the judicial exception into a practical application. Therefore, the claim is directed to a judicial exception and require further analysis under the Step 2B.
The above claim, does not include additional elements that are sufficient to amount to significantly more than the judicial exception because they are generically recited and are well-understood/conventional in a relevant art as evidenced by the prior art of record (Step 2B analysis).
For example, determining, by at least one temperature sensor connected to the controller, a chamber temperature of at least one combustion chamber of the engine is considered necessary data gathering. As recited in MPEP section 2106.05(g), necessary data gathering (i.e., receiving data) is considered extra solution activity in light of Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015).
For example, temperature sensor being in contact with fluid within the at least one combustion chamber is disclosed by “Tsubota JP 2018193877A”, Abstract, [00], [0024], [0041], [0042], [0043], [0059], [0119]; and “Gregory US 20050224020”, [0003], [0011], [0019], [0024].
The claim, therefore, is not patent eligible.
With regards to the dependent claims, claims 2-4 provide additional features/steps which are considered part of an expanded abstract idea of the independent claims, and do not integrate the abstract ideas into a practical application.
The dependent claims are, therefore, also not patent eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form
the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tsubota et al. (JP 2018193877A, hereinafter Tsubota).
As to claim 1, Tsubota teaches determining, by at least one temperature sensor connected to the controller (FIG. 1 shows that temperature sensor 4 is a part of control part 3, and thus, the sensor is connected to the control part or controller), a chamber temperature of at least one combustion chamber of the engine, at least part of the at least one temperature sensor being in contact with fluid within the at least one combustion chamber ([0024] and [0041] disclose temperature sensor is located in different places on the engine E; and the acquisition unit 51 acquires engine status information including fuel injection amount information, oil temperature information
(i.e., the temperature sensors are located in different places on the engine and measure temperatures of the combustion chamber of the engine and oil temperature, and thus,
the temperature sensor would be in contact with fluid within the combustion chamber
- emphasis added by Examiner), oil pressure information, and intake air temperature information); and
determining, by the controller, the component temperature based on the chamber temperature by calculating the component temperature based on the chamber temperature ([0016] and [0018] disclose the piston temperature estimation device 1 comprises a control unit 3 and a storage unit 2; and the piston temperature estimation device estimates the piston temperature based on the engine state information of an internal combustion engine mounted on the vehicle V (i.e., the control unit or controller determines the piston or component temperature based on the engine state information or chamber temperature of the combustion engine of the vehicle - emphasis added by Examiner)),
calculating the component temperature comprising applying a linear offset value to the chamber temperature ([0007] discloses an estimation unit for estimating the piston temperature of a piston in an internal combustion engine; and a calculation unit calculates a correction value for the piston temperature based on the intake air temperature indicated by the acquired information; and a correction unit for correcting the piston temperature based on the correction value (i.e., calculating the piston or component temperature comprises correcting the piston temperature based on the correction value or applying a linear offset value - emphasis added by Examiner)).
As to claim 2, Tsubota teaches the claimed limitations as discussed in claim 1.
Tsubota teaches wherein determining the component temperature comprises determining at least one of:
a piston temperature of at least one piston of the engine ([0007] discloses an estimation unit for estimating the piston temperature of a piston in an internal combustion engine); a piston boss temperature of at least one piston boss of the engine; and a piston pin temperature of at least one piston pin of the engine.
As to claim 3, Tsubota teaches the claimed limitations as discussed in claim 1.
Tsubota teaches calibrating the temperature sensor by determining the linear offset value between a given chamber temperature and a given component temperature ([0144] discloses calculates a correction value (i.e., linear offset value - emphasis added by Examiner) for the estimated piston temperature based on the state of the engine E indicated by the engine state information (i.e., engine chamber temperature - emphasis added by Examiner) and the estimated piston temperature (i.e., component temperature - emphasis added by Examiner), and corrects the estimated piston temperature based on the correction value. In this way, the piston temperature estimation device 1 can reflect the state of the engine E in the piston temperature and estimate the piston temperature with high accuracy (i.e., the piston temperature estimation device or the temperature sensor is calibrated by determining the correction value or linear offset value between an engine chamber temperature or chamber temperature and a piston or component temperature - emphasis added by Examiner)).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Tsubota in view of Polonowski (US 20190128212, hereinafter Polonowski).
As to claim 4, Tsubota teaches the claimed limitations as discussed in claim 1.
Tsubota teaches determining the chamber temperature of the at least one combustion chamber comprises: determining a first chamber, temperature of a first combustion chamber of the engine ([0011] and [0119] disclose a plurality of temperature measuring sensors measure the temperature of intake air drawn in by the internal combustion engine, and the acquisition unit 61 acquires engine status information including the amount of fuel injected into the combustion chamber of the engine E, and oil temperature), and
determining the component temperature based on the chamber temperature comprises: determining a first temperature for a first piston at least partially defining the first combustion chamber based on the first chamber temperature ([0016] and [0043] disclose the piston temperature estimation device 1 estimates the temperature of the piston in an engine E, which is an internal combustion engine mounted on the vehicle V. The estimation unit 52 estimates piston temperature, oil temperature, oil pressure, intake air volume, intake air temperature and injection timing based on the fuel injection amount (i.e., the piston temperature, oil temperature, oil pressure, intake air volume, intake air temperature and injection timing based on the fuel injection amount can be considered as temperature of the piston at least partially defining chamber of the engine based on the chamber temperature - emphasis added by Examiner)).
Tsubota does not explicitly teach determining a second chamber temperature of a second combustion chamber of the engine; determining a second temperature for a second piston at least partially defining the combustion chamber based on the second chamber temperature.
Polonowski teaches determining a second chamber temperature of a second combustion chamber of the engine ([0058] discloses the torque imbalance may be determined based on a comparison between temperatures and/or pressures in the first combustion chamber and the second combustion chamber amount (i.e., the temperature in the second combustion chamber is determined - emphasis added by Examiner));
determining a second temperature for a second piston at least partially defining the combustion chamber based on the second chamber temperature (([0017], [0018], [0031], [0058] disclose a piston assembly include a first piston 17 that is positioned in the first combustion chamber 18 and a second piston 19 that is positioned in the second combustion chamber 20; and adjusting the amount of heat delivered to the pistons via the piston assembly heaters, 62 and 64 , may be empirically determined (i.e., determining a second temperature for a second piston - emphasis added by Examiner). The torque imbalance may be determined based on a comparison between temperatures and/or pressures in the first combustion chamber and the second combustion chamber amount; and the intake system 16 includes an intake conduit 26 and a throttle 28 coupled to the intake conduit, and the throttle 28 is configured to regulate the amount of airflow provided to the combustion chambers, 18 and 20 (i.e., a second temperature for a second piston is determined, and regulate the amount of airflow provided to the combustion chambers would at least partially define the combustion chamber based on the second chamber temperature - emphasis added by Examiner)).
It would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to incorporate Polonowski into Tsubota for the purpose of determining a variation between compression ratios in a first combustion chamber and a second combustion chamber and operating a piston heating system to apply a targeted amount of heat to a first piston assembly based on the variation between the compression ratios in order to adjust the compression ratio of each cylinder to reduce variations between the compression ratios in the engine and stabilize the amount of torque produced by the cylinders. This combination would improve In engine efficiency while reducing noise, vibration, and harshness (NVH) caused by the torque imbalance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
“Roland US 20160356379” teaches “A method of operating a vehicle at different altitudes. The vehicle has an engine, a throttle valve and a throttle operator. A continuously variable transmission has a driving pulley connected to the engine, a driven pulley, and a belt operatively connecting therebetween. A ground engaging member is operatively connected to the driven pulley. A piston is connected to the driving pulley. A control unit controls actuation of the piston and the piston force. The method includes determining an altitude and/or an atmospheric pressure, a driven pulley speed, and at least one of the throttle operator position and the throttle valve position. The piston is selectively actuated based on the altitude and/or the atmospheric pressure. The piston force is controlled based on the driven pulley speed, and at least one of: the throttle operator position and the throttle valve position. Vehicles and other methods of operation thereof are also disclosed.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAL CE MANG whose telephone number is (571)272-0370. The examiner can normally be reached Monday to Friday- 8:30-12:00, 1:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine T Rastovski can be reached at (571) 270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAL CE MANG/Examiner, Art Unit 2857
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