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 .
Information Disclosure Statement
The Information Disclosure Statements (IDS) filed on 09/20/2024 has been acknowledged
Priority
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. JP2023-196837, filed on 11/20/2023.
Status of Application
Claims 1-5 were pending.
Claims 1 and 2 are the independent claims.
Claims 1 and 2 have been amended.
Claims 3-4 are cancelled.
Claim 6 is new.
Claims 1-2 and 5-6 are now pending
This Final Office Action is in response to the “Amendments and Remarks” received on 02/23/2026.
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) 1-2, and 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP-2022036181-A (“JP81”) in view of US-20230079934-A1 to Oryoji et. al. (“Oryoji”).
Regarding claim 1, JP81 teaches a vehicle comprising (JP81 Fig. 1 and [0025] – [0027]):
an engine as a traveling power source (JP81 ref 2 “engine”);
a filter that collects exhaust particulates from the engine (JP81 ref 17 “Gasoline Particulate Filter”);
and a control unit including a processor (JP81 [0026]) configured to execute temperature rise control for raising a temperature of the filter by controlling the engine to raise a temperature of exhaust gas of the engine (JP81 claim 1 “a control device that controls the temperature rise of the collection filter are provided … temperature rise control unit that changes the temperature rise control based on the engine rotation speed and the engine load … exhaust gas purification device is characterized in that the temperature rise control includes at least a control for adjusting an ignition timing.”),
wherein the control unit is configured to increase the temperature rise rate in the temperature rise control by controlling an ignition timing of the engine to a retard side (JP81 [0036] “First, there is a temperature rise control by an ignition retard angle that delays the ignition timing of the spark plug 26. When the ignition is retarded, the time at which combustion ends is delayed, so the temperature in the exhaust stroke increases. As a result, it is possible to raise the temperature of GPF 17.”).
JP81 does not teach a sensor configured to detect a correlation value correlated with a friction torque of the engine and that the control unit is configured to increase a temperature rise rate of the exhaust gas in the temperature rise control as the friction torque indicated by the correlative value decreases, wherein the correlated value is a temperature of a lubricating oil for lubricating the engine or a temperature of a coolant for cooling the engine. However, Oryoji teaches a sensor configured to detect a correlation value correlated with a friction torque of the engine (Oryoji ref S6 “coolant temperature sensor” and [107] “the friction torque is mapped according to the operating condition of the engine 1 and the coolant temperature T_cw.”) and that the control unit is configured to increase a temperature rise rate of the exhaust gas in the temperature rise control as the friction torque indicated by the correlative value decreases (Oryoji Abstract and [0123]), wherein the correlated value is a temperature of a lubricating oil for lubricating the engine or a temperature of a coolant for cooling the engine (Oryoji Abstract “A control device acquires a coolant temperature T_cw” and [0039] “The coolant temperature sensor S6 is provided, for example, at an appropriate position of the cylinder head of the engine 1, measures the coolant temperature of the engine 1, and outputs the measurement result to the control device 10.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the apparatus of JP81 to incorporate the teachings of Oryoji such that the vehicle comprises a sensor configured to detect a correlation value correlated with a friction torque of the engine and that the control unit is configured to increase a temperature rise rate of the exhaust gas in the temperature rise control as the friction torque indicated by the correlative value decreases, wherein the correlated value is a temperature of a lubricating oil for lubricating the engine or a temperature of a coolant for cooling the engine. Doing so would ensure that the temperature of a catalyst and the temperature of coolant can be increased more efficiently (Oryoji [0007]).
Regarding claim 2, JP81 teaches a vehicle comprising (JP81 Fig. 1 and [0025] – [0027]):
an engine as a traveling power source (JP81 ref 2 “engine”);
a filter that collects exhaust particulates from the engine (JP81 ref 17 “Gasoline Particulate Filter”);
and a control unit including a processor (JP81 [0026]) configured to execute temperature rise control for raising a temperature of the filter by controlling the engine to raise a temperature of exhaust gas of the engine (JP81 claim 1 “a control device that controls the temperature rise of the collection filter are provided … temperature rise control unit that changes the temperature rise control based on the engine rotation speed and the engine load … exhaust gas purification device is characterized in that the temperature rise control includes at least a control for adjusting an ignition timing.”),
wherein the control unit is configured to increase the temperature rise rate of the temperature rise control by at least one of a decrease in an EGR rate, an increase in a difference in an air-fuel ratio in dither control, and an increase in a required charging rate per unit time of a battery charged with electric power generated by power of the engine (JP81 [0036] “Next, there is a temperature rise control by leaning the air-fuel ratio. As a method of leaning the air-fuel ratio, it is conceivable to increase the opening degree of the throttle valve 12 to increase the intake air amount. By increasing oxygen (intake air amount) in a state where the exhaust temperature has risen, the PM collected in the GPF 17 can be burned to raise the temperature.”).
JP81 does not teach a sensor configured to detect a correlation value correlated with a friction torque of the engine and that the control unit is configured to increase a temperature rise rate of the exhaust gas in the temperature rise control as the friction torque indicated by the correlative value decreases, wherein the correlated value is a temperature of a lubricating oil for lubricating the engine or a temperature of a coolant for cooling the engine. However, Oryoji teaches a sensor configured to detect a correlation value correlated with a friction torque of the engine (Oryoji ref S6 “coolant temperature sensor” and [107] “the friction torque is mapped according to the operating condition of the engine 1 and the coolant temperature T_cw.”) and that the control unit is configured to increase a temperature rise rate of the exhaust gas in the temperature rise control as the friction torque indicated by the correlative value decreases (Oryoji Abstract and [0123]), wherein the correlated value is a temperature of a lubricating oil for lubricating the engine or a temperature of a coolant for cooling the engine (Oryoji Abstract “A control device acquires a coolant temperature T_cw” and [0039] “The coolant temperature sensor S6 is provided, for example, at an appropriate position of the cylinder head of the engine 1, measures the coolant temperature of the engine 1, and outputs the measurement result to the control device 10.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the apparatus of JP81 to incorporate the teachings of Oryoji such that the vehicle comprises a sensor configured to detect a correlation value correlated with a friction torque of the engine and that the control unit is configured to increase a temperature rise rate of the exhaust gas in the temperature rise control as the friction torque indicated by the correlative value decreases, wherein the correlated value is a temperature of a lubricating oil for lubricating the engine or a temperature of a coolant for cooling the engine. Doing so would ensure that the temperature of a catalyst and the temperature of coolant can be increased more efficiently (Oryoji [0007]).
Regarding claim 5, JP81 as modified by Oryoji teaches all of the elements of the current invention in claim 1. Oryoji further discloses a motor as a traveling power source (Oryoji [0031] “vehicle includes … a motor 5 …”); and a battery configured to transmit and receive electric power to and from the motor (Oryoji ref 4 “power storage device” and [0032] “The power storage device 4 includes, for example, a plurality of secondary batteries,”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Oryoji to JP81 as modified by Oryoji such that the vehicle further comprises a motor as a traveling power source and a battery configured to transmit and receive electric power to and from the motor. Doing so would ensure that the temperature of a catalyst and the temperature of coolant can be increased more efficiently (Oryoji [0007]) and that the vehicle can be driven (Oryoji [0032]).
Regarding claim 6, JP81 as modified by Oryoji teaches all of the elements of the current invention in claim 2. Oryoji further discloses a motor as a traveling power source (Oryoji [0031] “vehicle includes … a motor 5 …”); and a battery configured to transmit and receive electric power to and from the motor (Oryoji ref 4 “power storage device” and [0032] “The power storage device 4 includes, for example, a plurality of secondary batteries,”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Oryoji to JP81 as modified by Oryoji such that the vehicle further comprises a motor as a traveling power source and a battery configured to transmit and receive electric power to and from the motor. Doing so would ensure that the temperature of a catalyst and the temperature of coolant can be increased more efficiently (Oryoji [0007]) and that the vehicle can be driven (Oryoji [0032]).
Response to Arguments/Remarks
With respect to Applicant’s remarks filed on 02/23/2026; Applicant's “Amendments and Remarks” have been fully considered. Applicant’s remarks will be addressed in sequential order as they were presented.
With respect to the claim interpretations under 35 U.S.C. § 112 (f), applicants “Amendment and Remarks” have been fully considered.
With respect to the claim rejections under 35 U.S.C. § 103, applicants “Amendment and Remarks” have been fully considered.
Applicant remarks:
Thus, in Oryoji, when the coolant temperature is equal to or lower than a first threshold, the ignition timing is advanced to increase the coolant temperature. When the catalyst temperature is equal to or lower than a second threshold, the ignition timing is delayed to increase the exhaust gas temperature. If the ignition timing is delayed when the coolant temperature is equal to or lower than a first threshold. the coolant temperature is decreased. In contrast, Claim 1 recites that the control unit is configured to increase the temperature rise rate in the temperature rise control by controlling an ignition timing of the engine to a retard side, and Claim 2 recites that the control unit is configured to increase the temperature rise rate of the temperature rise control by at least one of a decrease in an EGR rate, an increase in a difference in an air-fuel ratio in dither control, and an increase in a required charging rate per unit time of a battery charged with electric power generated by power of the engine.
Office Response:
In response to applicant's arguments against the references individually, one cannot show non-obviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Applicant is arguing that Oryoji does not teach that the control unit is configured to increase the temperature rise rate in the temperature rise control by controlling an ignition timing of the engine to a retard side, and that the control unit is configured to increase the temperature rise rate of the temperature rise control by at least one of a decrease in an EGR rate, an increase in a difference in an air-fuel ratio in dither control, and an increase in a required charging rate per unit time of a battery charged with electric power generated by power of the engine. However, Oryoji is not being used to teach those limitations, but rather JP81 is being used to teach the stated limitations (See mapping above).
Applicant further argues that the other independent claims which recite similar features are allowable and the dependent claims are also allowable since they depend on allowable subject and the Office respectfully disagrees. It is the Office's stance that all of the claimed subject matter has been properly rejected; therefore, the Office's respectfully disagrees with applicant’s arguments.
It is the Office’s stance that all of applicant arguments have been considered and the rejections remain.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/J.N./Examiner, Art Unit 3666
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666
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