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 .
Response to Amendment
Applicant' s amendment and response filed 9/9/2026 has been entered and made record. This application contains 5 pending claims.
Claim 1 has been amended.
Claim 5 has been added.
Response to Arguments
Applicant’s arguments filed 9/9/2026 regarding claims rejections under 35 U.S.C. 101 in claim 1-4 have been fully considered but they are not persuasive.
The applicant argues on page 4 of the remark filed on 9/9/2026 that “… The Applicant respectfully disagrees, but claim 1 has been amended by the present in hopes of advancing prosecution. Claim 1 has been amended to recite "controlling, by the controller, the engine based at least in part on the component temperature." It is respectfully submitted that this feature brings the claimed method into a practical application. … .”
The Examiner respectfully disagrees applicant’s argument. Practical application can be demonstrated by additional elements that are sufficient to integrate the judicial exception into a practical application. 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” is considered a necessary data gathering and thus, not sufficient to integrate the abstract idea into a practical application. As recited in MPEP section 2106.05(g), necessary data gathering (i.e., retrieving the measurement 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).
The additional elements “by at least one temperature sensor connected to the controller”; “at least part of the at least one temperature sensor being in contact with fluid within the at least one combustion chamber”; and “controlling, by the controller, the engine based at least in part on the component temperature” are not sufficient to integrate the abstract idea into a practical application. Therefore, the current claims do not recite additional elements that are indicative of integration of an abstract idea into a practical application.
Applicant’s arguments filed 9/9/2026 regarding claims rejections under 35 U.S.C. 102 and 103 in claim 1-4 have been fully considered but they are not persuasive. Newly discovered prior arts, “Roland US 20160356379” and “Bernier US 11352996B1”, will be used in combination with prior arts cited in the previous office action to reject the amended claim limitations and the newly added limitations of claim 5.
The applicant argues on pages 4-5 of the remark filed that “… The Applicant respectfully disagrees. The Examiner argues that Tsubota teaches sensing a combustion chamber temperature. It is respectfully submitted that while Tsubota discloses temperature sensor "located in different places in the engine" (as stated by the Examiner), Tsubota only teaches measuring intake air or oil temperature. Neither of these will have the same temperature as fluid inside the chamber. Similarly, the temperature of any fluid upstream or downstream of the combustion chamber will not necessarily be the same as the temperature inside the combustion chamber. Tsubota thus does not anticipate claim 1.”
The Examiner respectfully disagrees applicant’s argument. Tsubota teaches that temperature sensor 4 is a part of control part 3 as shown in FIG. 1, and thus, the sensor is connected to the control part or controller. Tsubota also teaches that temperature sensor is located in different places on the engine E; and fuel is injected into the combustion chamber of engine E. The temperature sensors measure temperatures of the combustion chamber of the engine, and oil temperature, and the acquisition unit 51 acquires engine status. Thus, the temperature sensor would be in contact with the injected fluid within the combustion chamber, and would measure the chamber temperature and the temperature of the fluid inside the chamber (Tsubota, [0021], [0024] and [0041]).
Therefore, Tsubota teaches 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.
Dependent 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. Therefore, claims 2-4 are also patent ineligible.
Hence, the Examiner submits that the rejections of Claims 1-4 are proper.
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 1-5 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;
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, and
controlling, by the controller, the engine based at least in part on the component 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; by the controller; and controlling, by the controller, the engine based at least in part on the component temperature.
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”; “at least part of the at least one temperature sensor being in contact with fluid within the at least one combustion chamber”; and “controlling, by the controller, the engine based at least in part on the component temperature” 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 2-5 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 § 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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Tsubota et al. (JP 2018193877A, hereinafter Tsubota), in view of Roland et al. (US 20160356379, hereinafter Roland).
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 ([0021], [0024] and [0041] disclose temperature sensor is located in different places on the engine E, and fuel is injected into the combustion chamber of engine E, and the acquisition unit 51 acquires engine status (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. The temperature sensor would be in contact with the injected fluid within the combustion chamber, and would measure the chamber temperature and the temperature of the fluid inside the 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)).
Tsubota does not explicitly teach controlling, by the controller, the engine based at least in part on the component temperature.
Roland teaches controlling, by the controller, the engine based at least in part on the component temperature ([0035]; [0056] discloses “The control unit is configured to control actuation of piston and the piston force based on at least one of the selected one of the plurality of modes of operation of the vehicle, the sensed engine coolant temperature (i.e., engine coolant temperature directly relates to piston temperature - emphasis added by Examiner), the sensed engine speed, and the sensed driven pulley speed.”).
It would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to incorporate Roland into Tsubota for the purpose of controlling a continuously variable transmissions (CVT) which allows for fast and efficient adjustments of its configuration based on vehicle operating conditions. This combination would improve In accurately determining the engine coolant temperature, and controlling the piston force based on the engine coolant temperature.
As to claim 2, the combination of Tsubota and Roland 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, the combination of Tsubota and Roland 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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Tsubota and Roland, in view of Polonowski (US 20190128212, hereinafter Polonowski).
As to claim 4, the combination of Tsubota and Roland 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 in view of Roland 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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tsubota and Roland, in view of Bernier (US 9845782B1, hereinafter Bernier).
As to claim 5, the combination of Tsubota and Roland teaches the claimed limitations as discussed in claim 1.
Tsubota teaches a frame (FIG. 1, frame 16; FIG. 2, housing 152);
a controller operatively connected to the engine ([0030] discloses “A control unit controls actuation of the piston and the piston force. The method includes determining an engine speed and controlling the piston force based on the engine speed.”); and
at least one temperature sensor connected to the engine (FIGs. 1 and 2), the at least one temperature sensor being arranged to measure a temperature within the at least one combustion chamber ([0021] discloses the state of engine E includes the fuel injection amount, which is the amount of fuel injected into the combustion chamber of engine E; the engine speed, which corresponds to the rotational speed of the crankshaft per unit time; and the intake air temperature. The piston temperature estimation unit 5 calculates a correction value for the piston temperature based on the engine state information and the estimated piston temperature),
the controller being configured to execute the method ([0019]).
Tsubota does not explicitly teach an engine supported by the frame, the engine defining at least one cylinder, the engine including at least one piston disposed in the at least one cylinder, the at least one piston and that at least one cylinder together defining at least in part at least one variable volume combustion chamber, and the at least one temperature sensor being arranged to measure a temperature of fluid within the at least one combustion chamber.
Bernier teaches an engine supported by the frame (FIG. 3 shows that an engine is supported by the frame or the housing 152), the engine defining at least one cylinder (Col. 2, Lines 56-62 discloses “The engine has first and second cylinders”),
the engine including at least one piston disposed in the at least one cylinder, the at least one piston and that at least one cylinder together defining at least in part at least one variable volume combustion chamber (Col. 2, Lines 56-64 discloses “The engine has first and second cylinders, at least one cylinder head connected to the first and second cylinders, a first piston disposed in the first cylinder, the first cylinder, the at least one cylinder head and the first piston defining a first variable volume combustion chamber therebetween, a second piston disposed in the second cylinder,
the second cylinder, the at least one cylinder head and the second piston defining a second variable volume combustion chamber therebetween);
the at least one temperature sensor being arranged to measure a temperature of fluid within the at least one combustion chamber (Col. 12, Lines 31-36 discloses “An engine temperature sensor 172 is mounted to the engine 24 to sense the temperature of one or more of the crankcase 102, the cylinder block 104, the cylinder head 108 and engine coolant temperature (i.e., measure a temperature of fluid within the at least one combustion chamber - emphasis added by Examiner). The engine temperature sensor 172 sends a signal representative of the sensed temperature to the ECU 164.”; Col. 13, Lines 23-26 discloses The ECU 164 provide information to the user such as oil temperature (i.e., measure a temperature of fluid within the at least one combustion chamber - emphasis added by Examiner), fuel level, engine speed, and vehicle speed ),.
It would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to incorporate Bernier into Tsubota in view of Roland for the purpose of sensing temperature of one or more of an engine temperature, engine coolant temperature, a crankcase, a cylinder block, and a cylinder head in order to determine condition of the engine. This combination would improve In accurately determining the condition of the engine, and efficiently starting and utilizing an internal combustion engine.
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 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/Primary Examiner, Art Unit 2857
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