DETAILED ACTION
Status of Claims
Claims 1-5 are currently pending and have been examined in this application. This action is FINAL.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments, see Remarks, pg. 5-7, filed 03/13/2026, with respect to claim interpretation under 35 USC 112(f) and the 35 USC 101 rejection have been fully considered and are persuasive. The claim interpretation under 35 USC 112(f) and the 35 USC 101 rejection have been withdrawn.
Applicant's arguments filed 03/13/2026 have been fully considered but they are not persuasive.
Applicant argues:
Regarding the 35 USC 102 rejection, “Beginning on the bottom of page 12, the Office Action asserts that the above features are taught by paragraph [0045] of Yoo. As noted in the Office Action, Yoo describes continually updating a maximum pressure reading (MAX) with each pedal tip-out when the engine is not boosted. However, the measurements, and accordingly the updates, occur immediately upon the pedal tip- out (see, paragraph [0074] and the pedal position plot 902 and crankcase pressure plot 906 of Figure 9 of Yoo). Although the maximum pressure reading may be updated to the new reading after previously determining a maximum pressure, the maximum pressure is not updated based on a measurement taken after a predetermined delay period. In fact, Yoo explicitly states that the updated maximum is not based on any predetermined period. More specifically, Yoo states: "How often the MAX and MINCV pressure value updates occur may depend on a driver's pedal maneuver" (see, paragraph [0045] of Yoo, this sentence is also reproduced at the top of page 13 of the Office Action). Accordingly, Applicant submits that Yoo fails to disclose at least the above indicated portion of amended claim 1.” (Remarks, pg. 8)
Examiner respectfully disagrees.
Regarding point (a), Yoo teaches updating a minimum and maximum pressure reading when the pedal indicates a tip-out movement (Yoo, para. [0045] “Minimum CV pressure reading (MIN) and update occurs with each pedal tip-in when engine is boosted enough. Maximum pressure reading (MAX) and update occurs with each pedal tip-out when the engine is not boosted… Thus, the upper and lower thresholds of CV pressure are continually updated as long as MAF is below the upper threshold and above the lower threshold. How often the MAX and MIN_CV pressure value updates occur may depend on a driver's pedal maneuver.”). This corresponds to setting a reference pressure when the engine decelerates. Yoo also goes into further detail about setting the minimum and maximum values after an event counter reaches a threshold number (Yoo, para. [0078] “Between t6 and t7, there is another qualifying transient which includes a heavy tip-in and a heavy tip-out. Unlike the event between t4 and t5 which had a heavy tip-in followed by a heavy tip-out, the event at t6-t7 has a heavy tip-out followed by a heavy tip-in. Nonetheless, the transient results in MAF exceeding the upper threshold and falling below the lower threshold. Therefore this transient qualifies for delta pressure measurement. Accordingly, shortly after t7, the event counter is incremented and it reaches the threshold number N. At this time the maximum and minimum values of crankcase pressure are updated to reflect the crankcase pressure exceeding the last learned maximum value and falling below the last learned minimum value.”) In other words, the reference values are set at a time when the counter reaches a predetermined value, which would correspond to the delay period after the engine decelerates because the counter is measuring time from the qualifying event, including a tip-out. Since Yoo teaches setting a minimum or maximum pressure value after a counter reaches a threshold number after a tip-out event, Yoo teaches setting a reference pressure measured after a predetermined delay period from a time point when the internal combustion engine decelerates.
Claim Rejections - 35 USC § 102
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 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.
Claims 1 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoo et al. (US 20200256224 A1).
Regarding claim 1,
Yoo teaches:
An abnormality diagnostic device for an internal combustion engine, the abnormality diagnostic device comprising one or more processors configured to:
(Yoo – Fig. 2, Controller 12, [0041] “Controller 12 is shown in FIG. 2 as a microcomputer, including microprocessor unit 208, input/output ports 210, an electronic storage medium for executable programs and calibration values shown as read only memory chip 212 in this particular example, random access memory 214, keep alive memory 216, and a data bus.”)
set a reference value for a reference pressure in a passage connected to an intake passage of an internal combustion engine;
(Yoo – [0007] “A pressure sensor may be positioned within the crankcase vent tube for providing an estimate of flow or pressure of air flowing through the vent tube (herein referred to as the crankcase ventilation pressure or CV pressure). The crankcase may be coupled to the air intake passage downstream of an air filter and a manifold air flow (MAF) sensor, and upstream of the compressor. During a drive cycle, a controller may update maximum and minimum pressure thresholds for the CV pressure sensor each time there is a qualifying transient which may include a pedal transient that provides a significant change in MAF.”)
acquire a cumulative value by accumulating a difference between the reference value and a measured pressure from an accumulation time point that begins when the pressure falls below the reference value; and
(Yoo – [0057] “A second map 420 depicts CV pressure over time, as estimated via a pressure sensor coupled to the CVT, at plot 411. A maximum CV pressure sampled at qualifying transient 401 is shown by asterisk 412 and a minimum CV pressure sampled at the same qualifying transient 401 is shown by asterisk 414. Minimum and Maximum pressure value are continuously updated as long as new CV pressure readings are lower than the MIN_CV pressure or higher than the MAX CV pressure as determined 304 in FIG. 3. When a MAF value is experienced outside of the upper and lower thresholds 406, 408, at least once respectively, that is when one qualified event is satisfied and one qualified delta pressure is captured.” [0072] “A crankcase delta pressure, or maximum pressure range, is shown at plot 908. The delta pressure is learned at qualifying pedal events as a difference between a last updated maximum and minimum value of crankcase pressure. The qualifying events are tracked by a counter whose output is shown at plot 910.”)
diagnose an abnormality of the passage based on the cumulative value; wherein
(Yoo – [0050] “If the threshold count is reached or exceeded, then at 312, the method includes estimating an average Delta pressure over the N samples. The average Delta pressure may be a statistical average. By comparing this average Delta pressure range to a threshold, the controller may infer if the vent tube is breached. In particular, at 314, it is determined if the estimated average Delta pressure is higher than a threshold pressure (Thr_DeltaPres). If the tube is disconnected on the clean air side or CVT broken, the pressure change may be smaller due to blow-by gases not being drawn in by air flowing through the intake compressor. Therefore, if the average Delta pressure is lower than the threshold pressure, at 332, it may be indicated that the CVT is breached. Indicating that the vent tube is breached includes indicating that the vent tube is disconnected or broken.”)
the reference value is set to the reference pressure measured after a predetermined delay period from an origin time point; and the origin time point is set to be a point in time while the internal combustion engine decelerates.
(Yoo – [0045] “Turning to the first monitor, at 304, the method includes monitoring CV pressure and continually updating maximum and minimum CV pressure readings as driving progresses. Minimum CV pressure reading (MIN) and update occurs with each pedal tip-in when engine is boosted enough. Maximum pressure reading (MAX) and update occurs with each pedal tip-out when the engine is not boosted… Thus, the upper and lower thresholds of CV pressure are continually updated as long as MAF is below the upper threshold and above the lower threshold. How often the MAX and MIN_CV pressure value updates occur may depend on a driver's pedal maneuver. If the MAF value is within the upper and lower threshold, the currently sampled CV pressure is compared to the most recently updated CV pressure MAX and MIN values.”)
Regarding claim 5,
Yoo teaches the limitations of claim 1.
Yoo further teaches:
wherein:
when the cumulative value is equal to or greater than a predetermined cumulative value, the one or more processors diagnose the passage as normal; and
(Yoo – [0050] “Else, if the average Delta pressure is higher than the threshold pressure, at 330, it may be indicated that no crankcase breach is present.”)
when the cumulative value is less than the predetermined cumulative value, the one or more processors diagnose the passage as abnormal.
(Yoo – [0050] “Therefore, if the average Delta pressure is lower than the threshold pressure, at 332, it may be indicated that the CVT is breached. Indicating that the vent tube is breached includes indicating that the vent tube is disconnected or broken.”)
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.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. (US 20200256224 A1) in view of Tsuji et al. (US 20200362787 A1).
Regarding claim 2,
Yoo teaches the limitations of claim 1.
Yoo does not teach the following limitation, however, Tsuji teaches:
the origin time point is set to be a point in time when a decrease in an amount of air in the intake passage decreases by equal to or more than a predetermined amount.
(Tsuji – [0104] “In FIG. 11, the period from time t33 to time t34 is a monitoring period PRDB where the intake air amount GA decreases. When the intake air amount GA decreases as in the monitoring period PRDB, the PCV pressure sensor value PCVS increases as the intake air amount GA decreases. Accordingly, in the example shown in FIG. 11, the reference value PCVSb is set to the PCV pressure sensor value PCVS at time t34, which is the end point of the monitoring period PRDB.”)
Yoo and Tsuji are both considered to be analogous to the claimed invention because they are both in the same field of diagnosing issues with an engine based on monitoring pressure. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine Yoo and Tsuji to include setting a reference value when the air decreases during a monitoring period in order to determine a determination parameter to perform leaking anomaly diagnostics while restricting the decline of accuracy in the diagnostics (Tsuji, para. [0095]).
Regarding claim 3,
The combination of Yoo and Tsuji teaches the limitations of claim 2.
Tsuji further teaches:
wherein:
the one or more processors are configured to set the predetermined delay period based on the decrease in the amount of air in the intake passage;
(Tsuji - [0059] “The PCV pressure sensor 35 has temperature characteristics. When a vehicle is traveling through engine operation, the atmospheric pressure PHAC may change in the monitoring period PRD. The length of the monitoring period PRD is set so that when the change-associated value X is derived, the effect of the temperature characteristics and the effect of the change in the atmospheric pressure PHAC on the change-associated value X will be within a permissible range.”)
after the one or more processors determine that the decrease in the amount of air is equal to or more than the predetermined amount at a first time point and that the decrease in the amount of air is equal to or more than the predetermined amount at a second time point later than the first time point, the one or more processors set a first period to be the predetermined delay period from the first time point, and sets a second period to be the predetermined delay period from the second time point; and
(Tsuji - [0103] “In the present embodiment, the change-associated value deriving unit 53 performs the process of deriving the change-associated value X even when the intake air amount GA decreases. In this case, the change-associated value deriving unit 53 stores a PCV pressure sensor value PCVS in the sensor value storage 53M each time the measurement counter CNT is updated. When the measurement counter CNT is greater than or equal to the determination counter CNTTh, the change-associated value deriving unit 53 ends the process of storing the PCV pressure sensor value PCVS in the sensor value storage 53M. The change-associated value deriving unit 53 sets the reference value PCVSb to the maximum value among plural pressure sensor values PCVS stored in the sensor value storage 53M. Then, the change-associated value deriving unit 53 calculates the difference between the reference value PCVSb and the plural pressure sensor values PCVS stored in the sensor value storage 53M and calculates an integrated value of plural differences as a change-associated value X.”)
the reference value is set to the pressure measured when the later of the first period and the second period have elapsed.
(Tsuji – [0104] “In FIG. 11, the period from time t33 to time t34 is a monitoring period PRDB where the intake air amount GA decreases. When the intake air amount GA decreases as in the monitoring period PRDB, the PCV pressure sensor value PCVS increases as the intake air amount GA decreases. Accordingly, in the example shown in FIG. 11, the reference value PCVSb is set to the PCV pressure sensor value PCVS at time t34, which is the end point of the monitoring period PRDB. In this case, the area of the hatched field in FIG. 11 corresponds to the change-associated value X in the monitoring period PRDB.”)
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine Yoo and Tsuji to include setting a reference value when the air decreases during a monitoring period in order to determine a determination parameter to perform leaking anomaly diagnostics while restricting the decline of accuracy in the diagnostics (Tsuji, para. [0095]).
Regarding claim 4,
The combination of Yoo and Tsuji teaches the limitations of claim 2.
Tsuji further teaches:
wherein when the decrease in the amount of air in the intake passage is less than the predetermined amount, the one or more processors set the reference value to the pressure measured at an increasing air time point when the amount of air is increasing.
(Tsuji – [0015] “In this respect, the change-associated value deriving unit may be configured to set a reference value to the PCV pressure sensor value at a starting point of the monitoring period when the intake air amount is increasing, and the change-associated value deriving unit may also be configured to derive an integrated value of differences between a plurality of PCV pressure sensor values and the reference value in the monitoring period as the change-associated value.”)
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine Yoo and Tsuji to include setting a reference value when the air decreases during a monitoring period in order to determine a determination parameter to perform leaking anomaly diagnostics while restricting the decline of accuracy in the diagnostics (Tsuji, para. [0095]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure or directed to the state of the art is listed on the enclosed PTO-892.
The following is a brief description for relevant prior art that was cited but not applied:
El Hor et al. (US 20240229692 A1) discloses a diagnosis unit is adapted to: perform a diagnosis measurement during a measurement period by repeatedly determining at least one input parameter, which is linked to the operation of the engine system, and the actual PCV pressure, to obtain a plurality of data samples for a plurality of sample times; use a prediction model to determine a predicted PCV pressure based on the determined at least one input parameter; and compare the actual PCV pressure with the predicted PCV pressure to diagnose the PCV line,
Abei et al. (US 20230015191 A1) discloses an engine condition may be determined as a function of one or more engine operating conditions, for example, engine speed, throttle valve position, ignition timing and/or engine temperature. Then, the time at which the injector signal should initially be provided to open the injector prior to the maximum negative pressure point being achieved can be determined and the signal so provided (again, the timing may be a function of time from a reference point, such as the start of the pressure decrease or as a function of engine crankshaft rotary angle). After lapsing of the desired total duration of time for which the injector should be open, the signal may be terminated and the injector closed.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELANIE HUBER whose telephone number is (703)756-1765. The examiner can normally be reached M-F 7:30am-4pm.
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, JAMES LEE can be reached at (571)-270-5965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.G.H./Examiner, Art Unit 3668
/JAMES J LEE/Supervisory Patent Examiner, Art Unit 3668
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