Prosecution Insights
Last updated: August 16, 2026
Application No. 18/881,910

METHOD FOR CORRECTING AN ANGULAR POSITION MEASUREMENT IN AN INTERNAL COMBUSTION ENGINE

Non-Final OA §102§112
Filed
Jan 07, 2025
Priority
Aug 04, 2022 — FR FR2208086 +1 more
Examiner
PICON-FELICIANO, RUBEN
Art Unit
3747
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Vitesco Technologies GmbH
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
1y 3m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
528 granted / 761 resolved
-0.6% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
23 currently pending
Career history
792
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
47.3%
+7.3% vs TC avg
§102
36.3%
-3.7% vs TC avg
§112
13.2%
-26.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 761 resolved cases

Office Action

§102 §112
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 . 2. This Office Action is sent in response to Applicant's Communication received on January 07, 2025 for application number 18/881,910. This Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and Claims. Information Disclosure Statement The information disclosure statement (IDS) submitted on January 07, 2025 was submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner. Priority 4. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in parent Application No. FR 2208086 filed on August 04, 2022. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations “…at its {{{periphery uniformly spaced teeth}}} with one singularity and which is associated with a sensor that detects the passage of a tooth front for each tooth, a passage past a tooth front theoretically corresponding in the engine to the passing of a predetermined piston through a top dead center position at the end of the compression stroke in a corresponding cylinder, said tooth front being referred to hereinafter as a combustion tooth front…” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification The disclosure is objected to because of the following informalities: The Drawings do not shown the limitations “…at its {{{periphery uniformly spaced teeth}}} with one singularity and which is associated with a sensor that detects the passage of a tooth front for each tooth, a passage past a tooth front theoretically corresponding in the engine to the passing of a predetermined piston through a top dead center position at the end of the compression stroke in a corresponding cylinder, said tooth front being referred to hereinafter as a combustion tooth front…” and the Written Specification do not includes said elements with reference numbers matching said Drawings. Appropriate correction is required. Disposition of Claims Claims 1-9 are pending in this application. Claims 1-9 are rejected. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (B) CONCLUSION.—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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Regarding claim 1, the term “one singularity” in the limitation “…at its periphery uniformly spaced teeth with one singularity and which is associated with a sensor that detects the passage of a tooth front for each tooth…” renders the claim undefined because said term is not defined in the Present Application Drawings and Written Specification to set the bounds and metes of what Applicant regards as their invention. Claims 2-9 are also rejected under 35 U.S.C. 112(b) as being dependent on, and failing to cure the deficiencies of, rejected base claim 1 above. 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)(1) 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. (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 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (IBANEZ – US 2021/0222637 A1). Regarding claim 1, IBANEZ discloses: A method for determining the angular position of an internal combustion engine, wherein a measurement of the angular position is made using a target ([Abstract]: Disclosed is a method for determining the angular position of a toothed target which is rotationally secured to a shaft of an internal combustion engine. The method is based on dynamically determining a ratio between the different periods measured between the teeth of the target. Comparing the ratio with a threshold value allows identification, where appropriate, of an angular reference zone around the periphery of the toothed target) comprising: at its periphery uniformly spaced teeth with one singularity and which is associated with a sensor that detects the passage of a tooth front for each tooth, a passage past a tooth front theoretically corresponding in the engine to the passing of a predetermined piston through a top dead center position at the end of the compression stroke in a corresponding cylinder, said tooth front being referred to hereinafter as a combustion tooth front ([0044]: The toothed wheel 101 has on its periphery a number n of real teeth 102 which are regularly spaced and followed by a number m of hypothetical consecutive teeth which form the reference zone 103. The numbers n and m are integers not equal to zero. The reference zone 103 therefore covers an angular zone equal to m times the width of a real tooth 102 plus that of m intertooth spaces. In the example shown in FIG. 1, the toothed wheel 101 comprises fifty-eight real teeth (n=58) and two hypothetical teeth (m=2). However, this way of measuring the rotational speed and angular position of a crankshaft may also be used with other types of toothed wheel. For example, wheels for which n is equal to thirty-six and m is equal to the unit. In the same way, certain toothed wheels have a reference zone which is formed not by missing teeth but by a solid tooth, the width of which covers the equivalent to that of several real teeth 102. Finally, the possibility of determining the rotational speed and absolute angular position of the toothed wheel lies in the fact that it comprises a minimum number of real teeth regularly spaced apart, and at least one singularity which the sensor may recognize in order to identify at least one angular reference zone on its periphery), the method being characterized in that it comprises the following steps: detection of a first predetermined mode of operation of the engine ([0034, 0050, 0071]: As already had stated initially, the toothed wheel is rotationally secured to the crankshaft and used to identify its instantaneous angular position. The optimal synchronization of the engine control operations depends on the reliable determination of this angular position. It is therefore crucial to reliably identify the reference zone of the toothed wheel each time it passes in front of the sensor. Thus advantageously, correction of any error in determining the angular position of the crankshaft occurs each time at the moment of detection of the first tooth situated after the reference zone. True synchronization of the engine control operations therefore resumes earlier following incorrect detection of the tooth by addition or omission. The impact of an error in determination of the angular position of the crankshaft is therefore reduced. Consequently, the possible effects of “over-emission” of pollutant gases are also reduced); measurement of a first time elapsed between the passing past the sensor of a tooth front that passes before the combustion tooth front, and that is referred to as earlier tooth front, and of the combustion tooth front; measurement of a second time elapsed between the passing past the sensor of the combustion tooth front and of a tooth front that passes after the combustion tooth front and that is referred to as a later tooth front, the later tooth front being symmetrical with the earlier tooth front about the combustion tooth front ([0051-0056, 0078]: In its lower part, FIG. 2 illustrates how detection is achieved by performance of the known method. The periods Tk associated with the teeth k are here measured between the falling edges of the signal 201 generated by the sensor. Detection of the reference zone relies in particular on measurement and use of these periods. More precisely, the method consists of performance of the following steps concurrently with each detection of a tooth of index k: determination of the product of the period Tk-1 of the tooth with index k−1 by itself. This period Tk-1 corresponds to the duration which has elapsed between an edge of the signal associated with the tooth of index k−1 and the same edge of the signal associated with the preceding tooth of index k−2. determination of the product of the period Tk-2 of the tooth with index k−2 by the period Tk of the tooth with index k; determination of the ratio of the first product over the second product (designated R.sub.2 below); comparison of the ratio R.sub.2 with a threshold value (designated R.sub.th1 below); and if R.sub.2 is greater than R.sub.th1, identification of the reference zone and consequently determination of the absolute angular position of the toothed wheel, and by association that of the crankshaft. In other words, as soon as the ratio R.sub.2 exceeds a certain value, the engine control unit considers that it has recognized the tooth which has just been detected. In this case, this is tooth of index k=2, namely the second tooth situated after the reference zone on the periphery of the toothed wheel. During the step 402, the engine control unit measures the duration (i.e. the time elapsed) between this edge and the preceding edge detected. This duration is the period Tk separating the tooth of index k from the preceding tooth of index k−1 in the series of teeth in the signal generated by the sensor. As already stated above, the engine control unit generally stores in its memory the values of the periods T associated with the 120 last teeth detected, or at least the number of teeth corresponding to the angle separating two consecutive top dead centres (i.e. 30 periods for a target of 60 teeth on a 4-cylinder engine)); comparison of the first time with the second time, these two times being theoretically equal if the combustion tooth front passes past the sensor when the predetermined piston is passing through its top dead center position at the end of the compression stroke ([0078]: During the step 402, the engine control unit measures the duration (i.e. the time elapsed) between this edge and the preceding edge detected. This duration is the period Tk separating the tooth of index k from the preceding tooth of index k−1 in the series of teeth in the signal generated by the sensor. As already stated above, the engine control unit generally stores in its memory the values of the periods T associated with the 120 last teeth detected, or at least the number of teeth corresponding to the angle separating two consecutive top dead centres (i.e. 30 periods for a target of 60 teeth on a 4-cylinder engine)); the comparison between the first time and the second time corresponding to a difference, and the value of the difference being filtered in order to yield a filtered difference ([0063-0068]: In the same way as for the known method described with reference to FIG. 2, the method according to embodiments of the invention is based on determining a ratio between different periods Tk measured by a sensor and used by an engine control unit. The difference lies in the processing of the data corresponding to the different periods Tk. In fact, the method consists of performance of the following steps concurrently with each detection of a tooth of index k: determination of the product of the period Tk of the tooth with index k by itself. determination of the product of the period T.sub.k-1 of the tooth with index k−1 by the period T.sub.k-2 of the tooth with index k−2; determination of the ratio of the first product over the second (designated R.sub.1 below); comparison of the ratio R.sub.1 with a threshold value (designated R.sub.th1); and if R.sub.1 is greater than R.sub.th1, identification of the reference zone and consequently determination of the absolute angular position of the toothed wheel, and by association that of the crankshaft), and determination of a first corrective term for the angular position measurement measured by the sensor on the basis of the result of the comparison between the first time and the second time according to a predetermined formula corresponding to an engine type, the first corrective term corresponding to an affine function of the filtered difference ([0063-0068]), determination of the angular position of the engine by applying the determined first corrective term to the angular position measurement measured by the sensor ([0063-0068, 0075]: However, the person skilled in the art will understand that a great increase or reduction in the rotational speed is liable to significantly reduce the difference between the determined successive values of R.sub.1. In other words, in a situation of strong acceleration or deceleration of the wheel, use of the ratio R.sub.1 to identify the reference zone and accordingly determine the angular position of the wheel, may no longer be pertinent). Regarding claim 2, IBANEZ disclose the method according to claim 1, and further on IBANEZ also discloses: the first predetermined mode of operation of the engine corresponds to the engine operating at low idle ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]). Regarding claim 3, IBANEZ disclose the method according to claim 1, and further on IBANEZ also discloses: the earlier tooth front corresponds to the tooth front immediately preceding the combustion tooth front and the later tooth front corresponds to the tooth front immediately following the combustion tooth front ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]). Regarding claim 4, IBANEZ disclose the method according to claim 1, and further on IBANEZ also discloses: the engine is an irregular-ignition engine and in that the method further comprises the following steps: measurement of a third time elapsed between the passing past the sensor of the tooth front that passes one revolution, namely 3600, after the earlier tooth front, and of the tooth front one revolution after the combustion tooth front ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]); measurement of a fourth time elapsed between the passing past the sensor of the tooth front that passes one revolution after the combustion tooth front and of the tooth front that passes one revolution after the later tooth front ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]); determination of a second corrective term for the angular position measurement measured by the sensor on the basis of the result of the comparison between the third time and the fourth time according to a predetermined formula corresponding to an engine type ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]). Regarding claim 5, IBANEZ disclose the method according to claim 4, and further on IBANEZ also discloses: the comparison between the third time and the fourth time corresponds to a difference, in that the value of the difference is filtered in order to yield a filtered difference, and in that the second corrective term corresponds to an affine function of the filtered difference ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]). Regarding claim 6, IBANEZ disclose the method according to claim 1, and further on IBANEZ also discloses: the comparison of the first time with the second time is a calculation of a first ratio corresponding to the ratio linking the second time and the first time ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]); and in that the method further comprises the following steps: detection of a second predetermined mode of operation of the engine ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]); measurement of a third time elapsed between the passing past the sensor of a tooth front that passes before the combustion tooth front, and that is referred to as earlier tooth front, and of the combustion tooth front ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]); measurement of a fourth time elapsed between the passing past the sensor of the combustion tooth front and of a tooth front that passes after the combustion tooth front and that is referred to as a later tooth front, the later tooth front being symmetrical with the earlier tooth front about the combustion tooth front ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]); comparison of the third time with the fourth time by calculating a second ratio corresponding to the ratio linking the fourth time and the third time ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]); and determination of the first corrective term for the angular position measurement measured by the sensor on the basis of the ratio linking the first ratio and the second ratio according to a predetermined formula corresponding to an engine type ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]). Regarding claim 7, IBANEZ disclose the method according to claim 6, and further on IBANEZ also discloses: the second predetermined mode of operation of the engine corresponds to operation at high engine speed, which is to say an engine speed above a predetermined speed, and at light load, namely at a load lower than a predetermined load ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]). Regarding claim 8, IBANEZ disclose the method according to claim 1, and further on IBANEZ also discloses: a computer program comprising instructions for implementing a method as claimed in claim 1 when this program is executed by a processor, notably an electronic control unit of an internal combustion engine ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]). Regarding claim 9, IBANEZ disclose the method according to claim 1, and further on IBANEZ also discloses: a non-transitory computer-readable recording medium on which there is recorded a program for implementing a method as claimed in claim 1 when this program is executed by a processor, notably an electronic control unit of an internal combustion engine ([0034, 0044, 0050-0056, 0063-0068, 0071, 0075, 0078]). Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: DE 102019118689 A1 – RIEDL WO 2020/178849 A1 – JAIN FR 3084404 A1 – FABIEN FR 3083572 A1 – STEPHANE FR 2841296 A1 – GALTIER US 2001/0037792 A1 – MOINE CN 113167183 A – JOSEPH CN 112888847 A – DENERT US 10,739,232 B2 - Stola Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ruben Picon-Feliciano whose telephone number is (571)-272-4938. The examiner can normally be reached on Monday-Thursday within 11:30 am-7:30 pm ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lindsay M. Low can be reached on (571)272-1196. 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 the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RUBEN PICON-FELICIANO/Examiner, Art Unit 3747
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Prosecution Timeline

Jan 07, 2025
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
69%
Grant Probability
82%
With Interview (+12.3%)
2y 10m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 761 resolved cases by this examiner. Grant probability derived from career allowance rate.

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