METHOD AND CONTROL UNIT FOR DETECTING ABNORMAL COMBUSTION, IN PARTICULAR COMBUSTION KNOCK, IN AT LEAST ONE CYLINDER OF AN INTERNAL COMBUSTION ENGINE
FIRST OFFICE ACTION
This action takes into account the Applicant’s preliminary amendment of July 11, 2024.
DRAWINGS
The drawings have been considered and approved.
TITLE
The title has been considered and approved.
ABSTRACT
The abstract has been considered and approved.
SPECIFICATION
The specification has been considered and approved.
CLAIMS
In the event that the determination of the status of the application as subject to AIA is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the rationale supporting the rejection would be the same.
Objections
Claim 10, the word “date” at the end of the claim is believed to have a typographical error and been intended to be --data--.
35 U.S.C. § 112
In accordance with 35 U.S.C. 112(b), the specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1 - 15 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to point out and distinctly claim the subject matter which the inventors regard as the invention.
Independent claim 1, lines 1/2; the phrase “in particular combustion knock or a pre-ignition,” is indefinite as to what is required by the claim. Does the claim require the abnormal combustion to be a combustion knock or pre-ignition, or does any such abnormal combustion suffice?
Independent claim 1, lines 6/7; the phrase “a cylinder specific detection configuration” is indefinite as to the specific meaning thereof.
Independent claim 1 is indefinite as to how the obtained cylinder specific detection configuration as claimed relates to the claimed cylinder specific measurement data.
Claim 2, the limitation of “the method proceeds when the engine reaches a predetermined engine condition” has been interpreted as the method of claim 1 is carried out only when an engine condition reaches a given level. Claim 3 calls for the engine condition to be that of engine speed.
Claim 6 is indefinite as to the use of the phrase “in particular” and what exactly is required by the claim.
Claim 12 makes reference to “the detection time window” but no such time window has been previously set forth.
Claim 14 makes reference to “the associated cylinder characteristic” but no such characteristic was previously set forth.
Independent claim 15, lines 2/3; the phrase “in particular combustion knock or a pre-ignition condition,” is indefinite as to what is required by the claim. Does the claim require the abnormal combustion to be a combustion knock or pre-ignition, or does any such abnormal combustion suffice?
Independent claim 15, line 6; the phrase “a cylinder specific detection configuration” is indefinite as to the specific meaning thereof.
Independent claim 15 is indefinite as to how the obtained cylinder specific detection configuration as claimed relates to the claimed cylinder specific measurement data.
35 U.S.C. § 101
Under 35 U.S.C. 101, 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 - 15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea (ie. a judicial exception) without any additional elements being claimed that are sufficient to amount to significantly more than the judicial exception. The abstract idea being that of a mental process.
Independent claims 1 and 15 call for:
a. determining cylinder specific measurement data for each cylinder of an engine (this step could be accomplished mentally by simply observing the noise level generated by the cylinder),
b. obtaining a cylinder specific detection configuration for each cylinder of the engine (this step could be accomplished mentally by observing the sound of an engine knock), and
c. analyzing the measurement data based on the detection configuration (this step could be accomplished mentally by determining if the observed noise level was that of an engine knock).
Thus, the methods of claims 1 and 15 could be carried out mentally by simple observation of an engine during operation. In other words, listening to a noise level created during engine operation, hearing the presence of an engine knock, and determining if the noise level heard originated from an engine knock.
Dependent claims 2 - 14 only set forth specifics that could be accomplished by the simple mental process of listening and observing. None of the specifics amount to significantly more than the judicial exception of a mental process.
35 U.S.C. § 102
In accordance with 35 U.S.C. 102(a)(1), a person shall be entitled to a patent unless the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 - 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the Applicant’s cited prior art of Akagi et al. (11,067,022)
With respect to independent claim 1, Akagi et al. set forth a method for detecting combustion knock in a cylinder of an internal combustion engine, comprising:
- a step of determining cylinder specific measurement data (ie. detecting vibration) for a cylinder based on measurement signals acquired by a vibration sensor (Figs. 1 & 2);
- a step of obtaining a cylinder specific detection configuration (ie. detecting vibration due to knocking) for the cylinder (col. 4, lines 18+); and
- a step of analyzing, for each cylinder, the cylinder specific measurement data based on the associated detection configuration to detect an abnormal combustion condition (col. 4, lines 18+; analyzing vibration due to knocking from just background vibration).
With respect to claims 2 and 3, Akagi et al. monitors an operating condition of the engine when the engine inherently reaches a predetermined engine condition (ie. engine is running) because the detecting method is based on engine speed and without engine speed (ie. engine is off), the method will not operate.
With respect to claim 4, Akagi et al. set forth, during the determination of cylinder specific measurement data, a sub-step of processing the measurement signals acquired by the vibration sensor by applying a time windowing (col. 11, lines 6+).
With respect to claim 5, Akagi et al. set forth that the step of determining cylinder specific measurement data comprises a sub-step of determining a vibration profile the cylinder (Fig. 2).
With respect to claim 6, Akagi et al. determine an intensity level of the cylinder specific measurement data, wherein step of determining the intensity level comprises a sub-step of determining an average intensity value of the cylinder specific measurement data and a sub-step of comparing the determined intensity value with at least one threshold (col. 2, lines 10+).
With respect to claim 7, Akagi et al. set forth obtaining a cylinder characteristic (vibration) for each cylinder in dependence on a structural arrangement (knock) and an operating condition (background vibration) of the cylinder, wherein the detection configuration for each cylinder is determined in dependence on the associated cylinder characteristic (col. 3, lines 59+).
With respect to claim 8, Akagi et al. set forth that the cylinder specific characteristic (vibration) is determined by employing on-engine investigations during operation of the engine (col. 3, lines 59+).
With respect to claim 9, Akagi et al. set forth that the cylinder specific characteristic (vibration) indicates that the associated cylinder is prone to knocking (col. 3, lines 59+).
With respect to claim 10, Akagi et al. set forth that the cylinder specific detection configuration (ie. detecting vibration due to knocking) is further defined in dependence on the intensity level of the associated cylinder specific measurement data (detecting vibration).
With respect to claim 11, Akagi et al. set forth that the cylinder specific detection configuration (ie. detecting vibration due to knocking) specifies a detection method (ie. a specific method to determine if the detected vibration is actually due to knocking).
With respect to claim 12, Akagi et al. set forth that a detection time window corresponds to a valve (fuel injector valve) closure noise window within an operating cycle of the associated cylinder (col. 11, lines 5+).
With respect to claim 13, Akagi et al. set forth that the detection condition defines a threshold (col. 4, lines 18+) to be compared to the cylinder specific measurement data (vibration) to detect the abnormal combustion condition (knock).
With respect to claim 14, Akagi et al. set forth that the detection method (knock detection) is defined in dependence on the associated cylinder characteristic.
With respect to independent claim 15, Akagi et al. set forth a control unit of an internal combustion engine for detecting combustion knock, in at least one cylinder, wherein the control unit is configured for:
- determining cylinder specific measurement data (ie. detecting vibration) for a cylinder based on measurement signals acquired by a vibration sensor (Figs. 1 & 2);
- obtaining a cylinder specific detection configuration (ie. detecting vibration due to knocking) for the cylinder (col. 4, lines 18+); and
- analyzing, for each cylinder, the cylinder specific measurement data based on the associated detection configuration to detect an abnormal combustion condition (col. 4, lines 18+; analyzing vibration due to knocking from just background vibration).
CONTACT INFORMATION
Any inquiry concerning this communication from the Examiner should be directed to Eric S. McCall whose telephone number is 571-272-2183.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. For questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, the Applicant is advised to use the USPTO Automated Interview Request (AIR) Form at:
https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/Eric S. McCall/Primary Examiner
Art Unit 2855