DETAILED ACTION
Specification
This objection is withdrawn due to the amendments made to the claims
Claim Rejections - 35 USC § 112
This rejection is removed.
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(s) 1-3, 5-13, 16, 23-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tour (U.S. Pub. No. 2018/0266308) in view Phillips (U.S. Pub. No. 2012/0255296).
Regarding claim 1 and 24, Tour discloses a split cycle internal combustion engine (claim 1) comprising:
a compression cylinder (fig. 17, 102) accommodating a compression piston (fig. 17, 106) configured to provide compressed working fluid (¶172);
a combustion cylinder (fig. 17, 104) accommodating a combustion piston (fig. 17, 108), wherein the combustion cylinder is coupled to the compression cylinder to receive compressed working fluid therefrom (¶172), and wherein the combustion cylinder comprises: (i) an inlet valve (fig. 17, 126) configured to control intake of compressed working fluid into the combustion cylinder, and (ii) an outlet valve (fig. 17, 128) configured to control exhausting of fluid from the combustion cylinder; and
a controller (fig. 17, 198, 184, 160) configured to change the position during the engine cycle at which the inlet and/or outlet valves open to switch operation of the engine between an active mode and an engine braking mode, wherein the controller is configured to control at least one of: the inlet valve to open at a position which is closer to a bottom dead centre, BDC, position when operating in the engine braking mode than when operating in the active mode; and the outlet valve to open at a position which is closer to a top dead centre, TDC, position when operating in the engine braking mode than when operating in the active mode (¶256),
Tour does not disclose a recuperator positioned between and coupled to the compression cylinder and combustion cylinder wherein the recuperator is arranged to provide a heat exchange between fluid which has been exhausted from the combustion cylinder and compressed working fluid travelling from the compression cylinder to the combustion cylinder wherein the controller is configured to receive a signal that indicates a temperature of the recuperator and to control operation of the engine to keep a temperature of the recuperator within a selected range.
Phillips, which deals in split cycle engines, teaches wherein the compression cylinder is coupled to the combustion cylinder via a recuperator (102 in fig. 6 is connected to 604 through 616 and 622); and wherein the recuperator is arranged to provide a heat exchange between fluid which has been exhausted from the combustion cylinder and compressed working fluid travelling from the compression cylinder to the combustion cylinder (¶105) wherein the controller is configured to receive a signal that indicates a temperature (¶100 discloses air temperature sensors/predictions for air tank) of the recuperator and to control operation of the engine to keep a temperature of the recuperator within a selected range (¶105 discloses temperature control of the recuperator through control of the parts of the engine and).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Tour with the recuperator of Phillips because this allows for heat addition to the compressed air (¶105).
Regarding claim 2 which depends from claim 1, Tour discloses wherein the controller is configured to control the position at which the inlet valve opens and/or closes in the engine braking mode so that working fluid is being further compressed in the combustion cylinder for a majority of the movement of the combustion piston from its BDC position to its TDC position (¶256).
Regarding claim 3 which depends from claim 1, Tour discloses wherein the controller is configured to control the position at which the outlet valve opens and/or closes in the engine braking mode so that further compressed fluid is exhausted from the combustion cylinder (¶256 discloses that the sleeve would be rotated effectively opening and closing the valves at different times).
Regarding claim 5 which depends from claim 1, Tour discloses wherein the controller is configured to change the position during the engine cycle at which the inlet and/or outlet valves close when switching operation between the active mode and the engine braking mode, optionally wherein the controller is configured to change the opening and closing positions by the same amount when switching between the active mode and the engine braking mode (¶256).
Regarding claim 6 which depends from claim 1, Tour discloses wherein the engine further comprises a fuel reservoir and is configured to inject fuel for combustion into the combustion cylinder (since fuel is being injected this is construed as being a reservoir); and wherein the controller is configured to control injecting of fuel so that no fuel is injected when operating in the engine braking mode (¶256).
Regarding claim 7 which depends from claim 1, Tour discloses wherein the controller is configured to receive a demand signal for demand from the engine; and wherein the controller is configured to control operation of the engine to be in either the active mode or the engine braking mode based on the demand signal (¶256 the control signal is to change phase would be construed as the demand signal).
Regarding claim 8 which depends from claim 7, Tour discloses wherein the controller is configured to control opening and/or closing positions for at least one of the inlet valve and the outlet valve based on the demand signal, optionally wherein the engine is for a vehicle and wherein the demand signal comprises an indication that at least one of. (i) retardation of the vehicle is wanted (acceleration option addressed), and (ii) no further acceleration of the vehicle is wanted (¶256 would accomplish no acceleration and so would fulfill the desire).
Regarding claim 10 which depends from claim 9, Phillips discloses wherein the engine comprises a recuperator bypass passage (¶105 discloses a bypass).
Regarding claim 11 which depends from claim 10, Phillips discloses wherein the controller is configured to receive a signal indicative of a temperature of the recuperator and to control operation of the recuperator bypass passage based on said received signal (¶105 discloses temperature control of recuperator).
Regarding claim 12 which depends from claim 10, Tour discloses wherein the recuperator bypass passage comprises at least one of: a high-pressure bypass passage arranged to provide a flow path for compressed fluid from the compression cylinder to the combustion cylinder which avoids the recuperator; and a low-pressure bypass passage arranged to provide a flow path for fluid exhausted from the combustion cylinder which avoids the recuperator (all passages of Tour would bypass a recuperator).
Regarding claim 13 which depends from claim 12, Tour discloses wherein: the controller is configured to control operation of the engine so that fluid flows through the high-pressure bypass passage in the event that a temperature associated with the recuperator drops below a threshold value; and/or the controller is configured to control operation of the engine so that fluid flows through the low-pressure bypass passage in the event that a temperature and/or pressure associated with working fluid exceeds a threshold value (All conditions of Tour including these would bypass the recuperator).
Regarding claim 16 which depends from claim 1, Tour discloses wherein the engine further comprises a turbocharger having: (i) a turbine arranged to be driven by fluid exhausted from the combustion cylinder, and (ii) a compressor configured to force additional compressed fluid into the compression cylinder (¶205 discloses a turbocharger).
Regarding claim 23 which depends from claim 1, Phillips discloses further comprising one or more phase change materials configured to store excess energy from the engine when operating in the engine braking mode (all materials changes phases this system has materials that help the engine store energy).
Regarding claim 25 which depends from claim 24, Phillips discloses a computer program product comprising computer program instructions configured to program a processor to control operation of a split cycle internal combustion engine to perform the method of claim 24 (¶90).
Regarding claim 26 which depends from claim 10, Phillips discloses wherein the controlled is configured to control operation of the recuperator bypass passage so as to adjust an amount fluid passing through the recuperator bypass passage based on the received recuperator temperature so as to keep the temperature of the recuperator within the selected range (¶105 discloses bypassing the recuperator or using the recuperator based on temperature based choices which controls the amount of fluid).
Regarding claim 27 which depends from claim 1, Phillips discloses wherein the controlled is configured to control operation of the opening and closing times of the outlet valve of the combustion chamber based on the received recuperator temperature so as to keep the temperature of the recuperator within the selected range (¶104 discloses that the piston is responsible for pushing the air into the tank which is only possible while the valve is opened).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tour (U.S. Pub. No. 2018/0266308) in view Phillips (U.S. Pub. No. 2012/0255296) as applied to claims 1 and 3 above, and in view of Hakkenburg (U.S. Pat. No. 5,526,784).
Regarding claim 4 which depends from claim 3, Tour does not disclose wherein the controller is configured to control the outlet valve to open at a position before the TDC position in the engine braking mode.
Hakkenberg, which deals in engine braking, teaches wherein the controller is configured to control the outlet valve to open at a position before the TDC position in the engine braking mode (col. 6, lines 16-27).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Tour with the braking of Hakkenberg because this can produce sufficient horsepower for slowing down an engine (col. 6, lines 20-25).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tour (U.S. Pub. No. 2018/0266308) in view Phillips (U.S. Pub. No. 2012/0255296) as applied to claims 1 and 16 above, and in view of Shipp (U.S. Pat. No. 10,947,907).
Regarding claim 17 which depends from claim 16, Tour does not disclose the limitations of claim 17.
Shipp, which deals in engines, teaches wherein the engine further comprises a turbine bypass passage arranged to provide a flow path for fluid exhausted from the combustion cylinder which avoids the turbine; and wherein the controller is configured to control operation of the turbine bypass passage to provide a selected amount of compressed working fluid be provided to the compression cylinder (Col. 3, line 59 – Col. 4, line 14).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Tour with the wastegate of Shipp because this allows for control over the amount of energy available to the compressor (col. 4, lines 1-4).
Claim(s) 19, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tour (U.S. Pub. No. 2018/0266308) in view Phillips (U.S. Pub. No. 2012/0255296) as applied to claims 1 and 3 above, and in view of Meldolesi (U.S. Pat. No. 8,590,497).
Regarding claim 19 which depends from claim 1, Tour does not disclose the limiations of claim 19.
Meldolesi, which deals in split cycle engines, teaches wherein the engine further comprises a compressed gas storage unit arranged to receive gas compressed by the engine (40).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Tour with the tank of Meldolesi because this stores energy (col. 8, lines 9-12).
Regarding claim 20 which depends from claim 19, Meldolesi discloses wherein the compressed gas storage unit comprises one or more storage units arranged to receive compressed gas which has been compressed in the compression cylinder (12 is the compression cylinder that loads tank 40) and/or further compressed gas which has been further compressed in the combustion cylinder (compression cylinder option addressed).
Response to Arguments
Applicant's arguments filed 10/31/25 have been fully considered but they are not persuasive. Applicant argues on page 11 that the Phillips reference does not have a signal indicating temperature of the air tank. This has been addressed above with reference to paragraph 100.
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 GONZALO LAGUARDA whose telephone number is (571)272-5920. The examiner can normally be reached 8-5 M-Th Alt. F.
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GONZALO LAGUARDA
Primary Examiner
Art Unit 3747 email: gonzalo.laguarda@uspto.gov
/GONZALO LAGUARDA/Primary Examiner, Art Unit 3747
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