Prosecution Insights
Last updated: October 01, 2026
Application No. 18/688,867

ENGINE CONTROL COMPUTER

Final Rejection §103
Filed
Mar 04, 2024
Priority
Sep 10, 2021 — FR 2109509 +1 more
Examiner
QUIGLEY, KYLE ROBERT
Art Unit
Tech Center
Assignee
Vitesco Technologies GmbH
OA Round
2 (Final)
53%
Grant Probability
Moderate
3-4
OA Rounds
1y 2m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allowance Rate
263 granted / 493 resolved
-6.7% vs TC avg
Strong +34% interview lift
Without
With
+34.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
37 currently pending
Career history
546
Total Applications
across all art units

Statute-Specific Performance

§101
22.4%
-17.6% vs TC avg
§103
42.8%
+2.8% vs TC avg
§102
11.7%
-28.3% vs TC avg
§112
21.5%
-18.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 493 resolved cases

Office Action

§103
DETAILED ACTION 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 . The rejections from the Office Action of 5/29/2026 are hereby withdrawn. New grounds for rejection are presented below. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) for Claims 1-8 is/are: Claim 1 – measurement device (one having ordinary skill in the art would have understood corresponding structure to take the form of any conventional current, voltage, or power sensor) Claim 2 – power supply module (one having ordinary skill in the art would have understood corresponding structure to take the form of any conventional electric power supply, such as a battery) and current measurement device (one having ordinary skill in the art would have understood corresponding structure to take the form of any conventional current or power sensor) Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-3 and 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naik et al. (US 20120250192 A1)[hereinafter “Naik”] and Mine et al. (US 5109533 A)[hereinafter “Mine”]. Regarding Claim 1, Naik discloses a computer [Paragraph [0013] – “A unit as described herein may further include any combination of hardware, software, or firmware (e.g., programmable logic) configured to operate as a particular unit is described herein.”Paragraph [0026] – “OVDM 224 is configured to detect a voltage level at output node 222 and, based on a detected voltage level, determine whether or not output node 222 is shorted to positive power supply 230. According to the example of FIG. 2, OVDM 124 includes a differential amplifier 256.”See Figs. 1 and 2.] for a motor vehicle [Paragraph [0014] – “Generally speaking, sensor unit 110 is configured to measure one or more values, and generate an output signal (e.g., an analog or digital signal) that indicates the one or more measured values. For example, sensor unit 110 may comprise a rotary position sensor. Such a rotary position sensor may utilize one or more magnetic properties (e.g., using a Hall effect or other magnetic sensor) to determine rotation of a rotating object such as an axle, steering wheel column, rotating shaft, or similar rotating member. In some examples, such rotary position sensors may be used for automotive or other industrial applications.”], configured to: be electrically connected to a sensor by a wired communication link to receive an output signal generated by the sensor [See Figs. 1 and 2, everything and anything being the sensor or a sensor component.Paragraph [0015] – “As also shown in FIG. 1, sensor unit 110 may be communicatively coupled (via output node 122) to a load 132. … For example, load 132 may be configured to receive one or more analog or digital (e.g., a pulse width modulated (PWM) signal) signals from sensor unit 110, and utilize the one or more analog or digital signals to generate graphical output for display, communicate the received one or more analog or digital signals, or otherwise utilize the received one or more signals.”Paragraph [0017] – “For example, sensor unit 110 and/or other components of circuit/device 101 may be configured such that each of output node 122, positive power supply voltage 130, and negative power supply voltage 131 are coupled to sensor unit 110 via one or more conductive members (e.g., one or more wires).”]; be electrically connected to a measurement device by a wired measurement exchange link [Wire connections depicted in Figs. 1 and 2. Paragraph [0026] – “first and second resistors 262, 264 may operate as a voltage divider to divide an output voltage 260 at output node 222 based on a ratio between a resistance of first resistor 262 and a resistance of second resistor 264.”], the measurement device being electrically connected to a wired power supply link [Fig. 2, positive power supply 230 on the right side of the figure.], the wired power supply link electrically connecting a power supply module and the sensor [Fig. 2, positive power supply 230 on the left side of the figure.Paragraph [0017] – “For example, sensor unit 110 and/or other components of circuit/device 101 may be configured such that each of output node 122, positive power supply voltage 130, and negative power supply voltage 131 are coupled to sensor unit 110 via one or more conductive members (e.g., one or more wires).”], the measurement device being configured to measure variations in electric current flowing through the wired power supply link [Paragraph [0026] – “As shown in FIG. 2, short-circuit protection unit 202 includes an output voltage detection unit (OVDM) 224, a switch unit 226, and an auxiliary load 220. OVDM 224 is configured to detect a voltage level at output node 222 and, based on a detected voltage level, determine whether or not output node 222 is shorted to positive power supply 230. According to the example of FIG. 2, OVDM 124 includes a differential amplifier 256. Differential amplifier 256 includes a first terminal coupled to a node between a first resistor 262 and a second resistor 264. As depicted in FIG. 2, a first terminal of first resistor 262 is coupled to output node 222, and a second terminal of second resistor 264 is coupled to ground (e.g., negative power supply 231). According to this configuration, first and second resistors 262, 264 may operate as a voltage divider to divide an output voltage 260 at output node 222 based on a ratio between a resistance of first resistor 262 and a resistance of second resistor 264.” The detected voltage corresponding to a short-circuit current per use of the voltage divider.]; detect an anomaly on the wired communication link, the anomaly corresponding to a short-circuit between the wired power supply link and the wired communication link [Paragraph [0026] – “As shown in FIG. 2, short-circuit protection unit 202 includes an output voltage detection unit (OVDM) 224, a switch unit 226, and an auxiliary load 220. OVDM 224 is configured to detect a voltage level at output node 222 and, based on a detected voltage level, determine whether or not output node 222 is shorted to positive power supply 230.”See Fig. 2, Differential amplifier 256, which includes an input from the voltage divider for detecting the anomaly.]; and receive, in response to detecting the anomaly, from the measurement device via the wired measurement exchange link, current variation measurements representative of variations in electric current flowing through the wired power supply link [See Fig. 2, Differential amplifier 256, which includes an input from the voltage divider for detecting the anomaly.]. Naik fails to disclose estimating the output signal from the received current variation measurements. However, Mine discloses using two sensors to eliminate noise from a measurement noise through subtraction of the noise [Abstract – “An industrial measuring apparatus comprises first and second sensors having identical measuring characteristics and arranged close to each other and also close to a common subject of measurement, for measuring the same parameter, a transmitting unit having an adder and a first subtracter respectively connected the sensors through amplifiers, and a receiving unit having a second subtracter connected to the adder and the first subtracter through two transmission lines and constituting a noise canceling device in cooperation with the adder and the first subtracter. The second subtracter produces a receiving signal by subtracting the output of the subtracter representing the difference between the outputs of the first and second sensors from the output[.]”]. It would have been obvious to measure both the power line and the signal line and to subtract current variation measurements in the power line from the signal line with the computer in order to denoise the signal line of noise imposed as a short circuit to the signal line. Regarding Claim 2, Naik discloses a motor vehicle [Paragraph [0014] – “Generally speaking, sensor unit 110 is configured to measure one or more values, and generate an output signal (e.g., an analog or digital signal) that indicates the one or more measured values. For example, sensor unit 110 may comprise a rotary position sensor. Such a rotary position sensor may utilize one or more magnetic properties (e.g., using a Hall effect or other magnetic sensor) to determine rotation of a rotating object such as an axle, steering wheel column, rotating shaft, or similar rotating member. In some examples, such rotary position sensors may be used for automotive or other industrial applications.”] comprising: a sensor comprising a power supply connector and an output connector, the sensor being configured to generate an output signal via the output connector [See Figs. 1 and 2, connection lines for power to the sensor module and output signal connection]; a power supply module configured to supply a power supply voltage, the power supply module being electrically connected to the power supply connector of the sensor by a wired power supply link [Paragraph [0017] – “For example, sensor unit 110 and/or other components of circuit/device 101 may be configured such that each of output node 122, positive power supply voltage 130, and negative power supply voltage 131 are coupled to sensor unit 110 via one or more conductive members (e.g., one or more wires).”]; a measurement device, the measurement device being electrically connected to the wired power supply link [Wiring connections at both locations of positive power supply 230 as shown in Fig. 2] and configured to measure variations in electric current flowing through the wired power supply link [Paragraph [0026] – “As shown in FIG. 2, short-circuit protection unit 202 includes an output voltage detection unit (OVDM) 224, a switch unit 226, and an auxiliary load 220. OVDM 224 is configured to detect a voltage level at output node 222 and, based on a detected voltage level, determine whether or not output node 222 is shorted to positive power supply 230. According to the example of FIG. 2, OVDM 124 includes a differential amplifier 256. Differential amplifier 256 includes a first terminal coupled to a node between a first resistor 262 and a second resistor 264. As depicted in FIG. 2, a first terminal of first resistor 262 is coupled to output node 222, and a second terminal of second resistor 264 is coupled to ground (e.g., negative power supply 231). According to this configuration, first and second resistors 262, 264 may operate as a voltage divider to divide an output voltage 260 at output node 222 based on a ratio between a resistance of first resistor 262 and a resistance of second resistor 264.”]; and the computer of claim 1 [Paragraph [0013] – “A unit as described herein may further include any combination of hardware, software, or firmware (e.g., programmable logic) configured to operate as a particular unit is described herein.”Paragraph [0015] – “As also shown in FIG. 1, sensor unit 110 may be communicatively coupled (via output node 122) to a load 132. … For example, load 132 may be configured to receive one or more analog or digital (e.g., a pulse width modulated (PWM) signal) signals from sensor unit 110, and utilize the one or more analog or digital signals to generate graphical output for display, communicate the received one or more analog or digital signals, or otherwise utilize the received one or more signals.”See Figs. 1 and 2.]. Regarding Claim 3, Naik fails to disclose a multiplexer, said multiplexer comprising: a first input electrically connected to the output connector; a second input electrically connected to the current measurement device; an output electrically connected to the computer; a selection input connected to the computer, the computer being configured to: transmit, in response to detecting the anomaly, a command causing the multiplexer to connect the second input to the output; and receive the current variation measurements via the multiplexer. However, Mine discloses the use of such a multiplexor for allowing sampling of two measurement sensors [See Fig. 3 – SW1. See Column 5 lines 3-28.]. It would have been obvious to use such a multiplexor, in the context of Naik using the computer, to allow for sampling of power supply current values when a short-circuit is detected in order to permit subtraction of current variation measurements in the power line from the signal line as needed without interrupting signal line measurements when no fault is present. Regarding Claim 5, Naik discloses that the sensor comprises a ground connector [Paragraph [0033] – “As also shown in FIG. 2, short protection unit 202 includes a zener diode 212 coupled between an output of differential amplifier 214 (coupled to a first terminal of resistor 220) and ground.”Also, negative power supply 231 amounts to a ground connection. See Fig. 2, ground below 231. See Paragraphs [0026]-[0027] – “ground (e.g., negative power supply 231)”]. Regarding Claim 6, Naik discloses the sensor comprises a bipolar transistor [See Fig. 3 and Paragraph [0029] – “In one example, switch 226 may comprise a transistor (e.g., a metal oxide semiconductor field effect transistor (MOSFET), bipolar junction transistor (BJT)) configured to turn off (e.g., not allow current to pass) when a voltage level supplied to the transistor exceeds (or falls below) a threshold voltage of the transistor.”], a collector of the bipolar transistor being electrically connected to the output connector through a protective resistor [See Fig. 3, signal line output through load 232], and an emitter of the bipolar transistor being connected to the ground connector [See Fig. 3, connection to ground via Zener diode 212]. Regarding Claim 7, Naik discloses the sensor comprises a MOSFET transistor See Fig. 3 and Paragraph [0029] – “In one example, switch 226 may comprise a transistor (e.g., a metal oxide semiconductor field effect transistor (MOSFET), bipolar junction transistor (BJT)) configured to turn off (e.g., not allow current to pass) when a voltage level supplied to the transistor exceeds (or falls below) a threshold voltage of the transistor.”], a drain of the MOSFET transistor being electrically connected to the output connector through a protective resistor [See Fig. 3, signal line output through load 232], and a source of the MOSFET transistor being connected to the ground connector [See Fig. 3, connection to ground via Zener diode 212]. Regarding Claim 8, the combination of Naik and Mine would disclose the recited method as the recited steps of Claim 8 amount to the recitation of the functionality of Claim 1 as applied to the context of Claim 2 (see above with regards to Claims 1 and 2). Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naik et al. (US 20120250192 A1)[hereinafter “Naik”]; Mine et al. (US 5109533 A)[hereinafter “Mine”]; and Dibra et al., ESD induced Functional Upset in Magnetic Sensor ICs, IEEE, 2015 [hereinafter “Dibra”]. Regarding Claim 4, Naik fails to disclose a pull-up resistor connected between a power supply terminal and the output connector of the sensor, the power supply terminal being configured to supply a second power supply voltage equal to the power supply voltage supplied by the power supply module. However, Dibra discloses the use of such a pull-up resistor with a crankshaft sensor [See Fig. 1 and the immediately preceding language – “A simplified application shown in Figure 1 includes a pull-up resistor, the supply (VDD) and the ground (GND) on the ECU side.”Page 2, second column – “The printed circuit board contains a 1kΩ pull-up resistor between signal and supply line to monitor the output signal via an oscilloscope.”]. It would have been obvious to include such a pull-up resistor to allow for proper monitoring of a crankshaft sensor output signal. Response to Arguments Applicant argues: PNG media_image1.png 263 864 media_image1.png Greyscale Examiner’s Response: The Examiner respectfully disagrees. The voltage divider of Naik would serve to measure variations in electric current of positive power supply 230, which provides power to sensor module 210. Claim 2 previously recited that the measurements were “between the power supply module and the power supply connector,” which is not disclosed by Naik, but has also been deleted. The computer of Naik [Paragraph [0026] – “OVDM 224 is configured to detect a voltage level at output node 222 and, based on a detected voltage level, determine whether or not output node 222 is shorted to positive power supply 230. According to the example of FIG. 2, OVDM 124 includes a differential amplifier 256.”] receives the measurement device signals through corresponding circuitry wiring [See Figs. 1 and 2]. Applicant argues: PNG media_image2.png 355 866 media_image2.png Greyscale Examiner’s Response: Mine is not relied on with regards to the recited electric current variations or output signal. Applicant argues: PNG media_image3.png 354 861 media_image3.png Greyscale PNG media_image4.png 216 866 media_image4.png Greyscale Examiner’s Response: The Examiner respectfully disagrees. The voltage divider of Naik would serve to measure variations in electric current of positive power supply 230, which provides power to sensor module 210. It would have been obvious to measure both the power line and the signal line and to subtract current variation measurements in the power line from the signal line with the computer (per the noise subtraction taught by Mine) in order to denoise the signal line of noise imposed as a short circuit to the signal line. Applicant argues: PNG media_image5.png 216 865 media_image5.png Greyscale PNG media_image6.png 169 863 media_image6.png Greyscale PNG media_image7.png 76 862 media_image7.png Greyscale Examiner’s Response: The Examiner respectfully disagrees. The voltage divider of Naik detects the anomaly and the differential amplifier receives the corresponding measurements. The voltage divider receives, as a second input, a measurement from the communication line. It would have been obvious to measure both the power line and the signal line and to subtract current variation measurements in the power line from the signal line with the computer (per the noise subtraction taught by Mine) in order to denoise the signal line of noise imposed as a short circuit to the signal line. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20050278109 A1 – Engine Control Apparatus Designed To Ensure Accuracy In Determining Engine Position US 20110040519 A1 – ESTIMATING ROTOR ANGULAR POSITION AND VELOCITY AND VERIFYING ACCURACY OF POSITION SENSOR OUTPUTS US 20130271051 A1 – Hybrid Electric Vehicle System And Method Of Controlling The Same US 20200256708 A1 – CRANKSHAFT, TRANSMISSION OR CAMSHAFT SENSOR, DIAGNOSIS SYSTEM AND METHOD IMPLEMENTING SUCH A SENSOR US 20170059526 A1 – TRANSMISSION OF INFORMATION ASSOCIATED WITH A POSSIBLE SENSOR FAULT OF A MAGNETIC SENSOR US 20170131338 A1 – SHORT-CIRCUIT SENSOR US 20040196026 A1 – Analytical Circuit For An Inductive Sensor US 5483817 A – Short Circuit Detector For Sensors 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 KYLE ROBERT QUIGLEY whose telephone number is (313)446-4879. The examiner can normally be reached 9AM-5PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen Vazquez can be reached at (571) 272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KYLE R QUIGLEY/ Primary Examiner, Art Unit 2857
Read full office action

Prosecution Timeline

Mar 04, 2024
Application Filed
Jan 14, 2025
Response after Non-Final Action
May 29, 2026
Non-Final Rejection mailed — §103
Jun 22, 2026
Interview Requested
Jul 07, 2026
Examiner Interview Summary
Aug 12, 2026
Response Filed
Aug 27, 2026
Final Rejection mailed — §103 (current)

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