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 .
Response to Arguments
The amendment filed on February 19, 2026 has been entered. Claims 1,2, 11-14 have been
amended. Claim 15 is new. The remaining claims are in original or previously presented form. Therefore, claims 1-20 are pending in the application. Claim 1 is an independent claim.
Applicant's arguments, see applicant’s Remarks for U.S.C. § 103, filed on 02/19/2026 regarding
U.S.C. § 103 rejections have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claims 1- 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1,2,3,5,6,8,9,11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Light-Holets (US 20220219674 A1) in view of Smith (US 20190085747 A1) in further view of McAllister(US 20190345880 A1) in further view of Nakaoka (US 20060087175 A1).
Regarding claim 1, Light-Holets teaches a method for influencing an aging process of a component of an exhaust aftertreatment system for a vehicle(Light-Holets, paragraph 73, the controller 140 may receive a signal or determine…an aftertreatment system fault code at process 308, and/or determine an age of the aftertreatment system or a component thereof at process 310), the method comprising:
predictively determining an aging state of the component using an aging model(The specification, aging state can correspond to a remaining residual activity of the component. Additionally, the specification discloses the exhaust aftertreatment system component can be a catalytic converter. Light-Holets, paragraph 58, An aging model or look-up table may be stored by the emissions circuit 208 that correlates an operation parameter of the component (hours of operation, distance traveled, time since install or refurbish date, etc.) to an expected efficiency of that component.);
determining a characteristic value from operating parameters from previous torque demands(According to the specification, the counting of the torque demands allows the determination of characteristic value. Similarly, Light-Holets, discloses determining torque inputs from driver, which corresponds to torque demand. Light-Holets, paragraph 59, the engine circuit 210 is structured to transmit a command to designate a desired operating point of the engine 101 (e.g., a target torque and/or speed output) in response to data/information from the sensors. Light-Holets, paragraph 76, a command to control of the motor generator 106 is provided by the controller 140 to adjust electric motor operation to maintain (i.e., meet or substantially meet) driver or vehicle power demands based on the adjusted engine operating point);
determining an allowable torque, taking into account the aging state of the component and the characteristic value ( According to the specification, the allowable torque can be the torque at which a limit value of the aging state can be maintained. Light-Holets discusses adjusting engine operating point such as input torque(similar to character value) based on aftertreatment component(SCR) age and efficiency. Light-Holets disclose an anticipation of a lower efficiency for its aftertreatment component (SCR) due to age, which prompts the adjusting of torque value to prevent further loss of efficiency. The adjusted torque corresponds to the allowable torque, which is the torque that is applied based on the age of the component. Light-Holets, paragraph 58, As a SCR ages, the SCR may become less effective at reducing NOx to nitrogen and water. As a result, if the catalyst has aged beyond a threshold value (even though there is not a fault code), the engine circuit 210 is configured to anticipate the lower efficiency/higher emissions and adjust the engine operating point accordingly (e.g., reduce power output during transient moments or in high load situations where NOx production is likely at elevated levels). Light-Holets, paragraph 61, The engine operating point command may be a command to control an engine torque (e.g., a desired torque output), an engine speed (a desired engine speed), a fueling command (e.g., injector quantity and timing), an exhaust gas recirculation amount, combinations thereof, and so on )
While Light-Holets teaches adjusting torque based on age of aftertreatment component(SCR) and user torque demand, it specifically fails to disclose modified torque at which a limit value of a compliant aging condition of the component is undershot;
comparing a current torque demand with the allowable torque;
issuing a signal when the current torque demand exceeds the allowable torque; and
triggering a control command of a motor control unit, the control command being selected depending on a deviation of the exceedance of the current torque demand from the allowable torque.
However, Smith, which is in the same analogous art and that teaches about emissions control system discloses a modified torque at which a limit value of a compliant aging condition of the component is undershot; (The specification discloses the allowable torque can be the torque at which a limit value of the aging state can be maintained slowing down the aging process, which is similar to Smith’s modified torque where it modifies torque based on the torque demand from a user to prevent the accelerated aging of an aftertreatment component. Smith, paragraph 33, modifying torque demands of the ICE 26 based on limiting accelerated aging of aftertreatment components of the emissions control system 34, particularly the components that contain zeolite materials for storage, while minimizing operator perception of the reduced/affected torque generation.); and
triggering a control command of a motor control unit(According to the specification, a control command can be triggered to influence the aging process of a specific component such as slowing down the aging process of the component. Similarly, as discussed above, Smith discloses a modification of torque demand to limit the aging of aftertreatment components by lowering torque generation rate. Smith, paragraph 40, the controller 110 adjusts the torque shaping of the engine 26. For example, the controller 110 may change the torque demand of the engine 26, such as by adjusting a torque generation rate of the engine 26 with respect to user input, such as pedal displacement 135 of a pedal. Smith, paragraph 33, modifying torque demands of the ICE 26 based on limiting accelerated aging of aftertreatment components of the emissions control system 34, particularly the components that contain zeolite materials for storage, while minimizing operator perception of the reduced/affected torque generation).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Light-Holets with Smith to modify the torque demand of the user based on an optimal torque to limit an accelerated aging of an aftertreatment component. By modifying the torque based on the torque demand to limit aging of a component, it is possible to extend lifespan of an aftertreatment component, as higher exhaust torque increase thermal degradation of component. Additionally, a preserved component has higher efficiency with higher emission reduction lowering the release of harmful pollutant.
The combination of Smith and Light-Holets specifically fail to disclose a method of comparing a current torque demand with the allowable torque;
issuing a signal when the current torque demand exceeds the allowable torque; and
triggering a control command of a motor control unit, the control command being selected depending on a deviation of the exceedance of the current torque demand from the allowable torque.
However, McAllister, which is in the same analogous art and that teaches controlling intake valves in an internal combustion engine, discloses a method of comparing a current torque demand with the allowable torque(The change of wording from “if” to “when” has changed the scope of the claim. In light of the change, new reference McAllister teaches the claimed limitation. McAllister discloses comparing a torque request (demand) with a threshold value(similar to allowable torque). McAllister, paragraph 107, the controller 9 may be arranged to compare the required torque to a threshold value); issuing a signal when the current torque demand exceeds the allowable torque(The specification discloses signal can be issued to trigger a control command when an exceeding torque demand not compliant with aging condition is requested. Similarly, McAllister discloses operating vehicle components with different operating modes when torque request/demand exceeds threshold or is below a threshold. McAllister, paragraph 107, the controller 9 may be arranged to compare the required torque to a threshold value and when the required torque is above the threshold value operate the hydraulic system in the first mode and when the required torque is below the threshold value operate it in the second mode.);
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Smith and Light-Holets with McAllister to compare torque demand with a torque threshold(allowable torque). The result of the comparison helps determine the operation mode of the vehicle. By comparing torque demand and the threshold torque to determine operation mode, it is possible to suppress excess torque that may damage the brake or aftertreatment system while slowing the aging process of a vehicle’s components.
The combination of Smith, Light-Holets, and McAllister specifically fails to disclose a method where the control command being selected depending on a deviation of the exceedance of the current torque demand from the allowable torque
However, Nakaoka, which is in the same analogous art and that teaches about comparison different control commands discloses a method where the control command being selected depending on a deviation of the exceedance of the current torque demand from the allowable torque(Nakaoka discloses selecting different control commands depending on a magnitude of difference between one target value of the braking torque and another. The difference is compared to a set value and different control commands are selected accordingly. Nakaoka, paragraph 16, the selecting portion may select the second control command value created by the non-consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is equal to or larger than a set value; and the selecting portion may select the first control command value created by the consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is smaller than the set value).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Smith, Light-Holets, McAllister with Nakaoka to compare the multiple torque values and select a control command based on the level of deviation between the different torque values.(Nakaoka, paragraph 39, when the difference L.DELTA.eij in the absolute value of the deviation is a positive value, the control command value is corrected such that a rate of change in the braking torque becomes high. On the other hand, when the difference L.DELTA.eij in the absolute value of the deviation is a negative value, the control command value is corrected such that the rate of change in the braking torque becomes low).
Regarding claim 2, the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches the method according to claim 1(Light-Holets, paragraph 58, As a SCR ages, the SCR may become less effective at reducing NOx to nitrogen and water… the engine circuit 210 is configured to anticipate the lower efficiency/higher emissions and adjust the engine operating point accordingly; Smith, paragraph 33, modifying torque demands of the ICE 26 based on limiting accelerated aging of aftertreatment components of the emissions control system 34; McAllister, paragraph 107, the controller 9 may be arranged to compare the required torque to a threshold value; Nakaoka, paragraph 16, select the first control command value created by the consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is smaller than the set value), wherein the control command is selected from different available control commands depending on the deviation of the exceedance(As discussed above, Nakaoka discloses selecting different control commands depending on a magnitude of difference between one target value of the braking torque and another. The difference is compared to a set value and different control commands are selected accordingly. Nakaoka, paragraph 16, the selecting portion may select the second control command value created by the non-consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is equal to or larger than a set value; and the selecting portion may select the first control command value created by the consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is smaller than the set value).
Regarding claim 3, the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches the method according to claim 1(Light-Holets, paragraph 58, As a SCR ages, the SCR may become less effective at reducing NOx to nitrogen and water… the engine circuit 210 is configured to anticipate the lower efficiency/higher emissions and adjust the engine operating point accordingly; Smith, paragraph 33, modifying torque demands of the ICE 26 based on limiting accelerated aging of aftertreatment components of the emissions control system 34; McAllister, paragraph 107, the controller 9 may be arranged to compare the required torque to a threshold value; Nakaoka, paragraph 16, select the first control command value created by the consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is smaller than the set value), wherein the control command is an action recommendation to maintain the allowable torque(The specification discloses an action recommendation can be made via a vehicle-side device, and the vehicle-side device can be a display. Light-Holets discloses notifying the driver by displaying different operation and information such as temperature of engine. This indicates its capability to display/recommend the Smith’s modified torque demand that corresponds to the allowable torque. Light-Holets 36, the controller 140 may provide diagnostic information, a fault or service notification based on one or more determinations. For example, in some embodiments, the controller 140 may display, via the operator I/O device, a temperature of the DOC 121, a temperature of the engine 101 and the exhaust gas, and various other information).
Regarding claim 5, the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches the method according to claim 1(Light-Holets, paragraph 58, As a SCR ages, the SCR may become less effective at reducing NOx to nitrogen and water… the engine circuit 210 is configured to anticipate the lower efficiency/higher emissions and adjust the engine operating point accordingly; Smith, paragraph 33, modifying torque demands of the ICE 26 based on limiting accelerated aging of aftertreatment components of the emissions control system 34; McAllister, paragraph 107, the controller 9 may be arranged to compare the required torque to a threshold value; Nakaoka, paragraph 16, select the first control command value created by the consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is smaller than the set value), wherein the aging model for determining the aging state comprises a mileage of the component achieved at the time of the determination and/or a mileage remaining at the time of the determination(Light-Holets model comprises travelled distance of the component which is similar to mileage of the component. Light-Holets, paragraph 58, an aging model or look-up table may be stored by the emissions circuit 208 that correlates an operation parameter of the component (hours of operation, distance traveled, time since install or refurbish date, etc.) to an expected efficiency of that component).
Regarding claim 6, the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches the method according to claim 1(Light-Holets, paragraph 58, As a SCR ages, the SCR may become less effective at reducing NOx to nitrogen and water… the engine circuit 210 is configured to anticipate the lower efficiency/higher emissions and adjust the engine operating point accordingly; Smith, paragraph 33, modifying torque demands of the ICE 26 based on limiting accelerated aging of aftertreatment components of the emissions control system 34; McAllister, paragraph 107, the controller 9 may be arranged to compare the required torque to a threshold value; Nakaoka, paragraph 16, select the first control command value created by the consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is smaller than the set value), wherein an environmental parameter is included to determine the allowable torque(According to the specification, environmental parameters can be an ambient temperature. Similarly, Smith discloses the adjustment of torque demand of component based on exposure of oxygen to zeolite based aftertreatment components at high temperatures. Smith paragraph 43, the controller 110 momentarily adjusts torque demand based on aftertreatment protection algorithm to minimize exposure of oxygen (and oxides, such as CO) to zeolite based aftertreatment components at high temperatures).
Regarding claim 8, the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches the method according to claim 1(Light-Holets, paragraph 58, As a SCR ages, the SCR may become less effective at reducing NOx to nitrogen and water… the engine circuit 210 is configured to anticipate the lower efficiency/higher emissions and adjust the engine operating point accordingly; Smith, paragraph 33, modifying torque demands of the ICE 26 based on limiting accelerated aging of aftertreatment components of the emissions control system 34; McAllister, paragraph 107, the controller 9 may be arranged to compare the required torque to a threshold value; Nakaoka, paragraph 16, select the first control command value created by the consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is smaller than the set value), wherein multiple characteristic values are determined(As discussed above, the specification discloses the counting of the torque demands allows the determination of characteristic value. Similarly, Light-Holets, discloses determining torque input from driver. Adding multiple characteristic values is mere duplication of parts. Light-Holets, paragraph 59, the engine circuit 210 is structured to transmit a command to designate a desired operating point of the engine 101 (e.g., a target torque and/or speed output) in response to data/information from the sensors. Light-Holets, paragraph 76, a command to control of the motor generator 106 is provided by the controller 140 to adjust electric motor operation to maintain (i.e., meet or substantially meet) driver or vehicle power demands based on the adjusted engine operating point ) and one of the multiple characteristic values is included in determining the allowable torque(According to the specification, the allowable torque can be the torque at which a limit value of the aging state can be maintained. Light-Holets discusses adjusting engine operating point such as input torque(similar to character value) based on aftertreatment component(SCR) age. Light-Holets disclose an anticipation of a lower efficiency for its aftertreatment component (SCR) due to its age, which prompts the adjusting of torque value to prevent further loss of efficiency, the adjusted torque corresponds to the allowable torque. Light-Holets, paragraph 58, As a SCR ages, the SCR may become less effective at reducing NOx to nitrogen and water. As a result, if the catalyst has aged beyond a threshold value (even though there is not a fault code), the engine circuit 210 is configured to anticipate the lower efficiency/higher emissions and adjust the engine operating point accordingly (e.g., reduce power output during transient moments or in high load situations where NOx production is likely at elevated levels). Light-Holets, paragraph 61, The engine operating point command may be a command to control an engine torque (e.g., a desired torque output), an engine speed (a desired engine speed), a fueling command (e.g., injector quantity and timing), an exhaust gas recirculation amount, combinations thereof, and so on).
Regarding claim 9, the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches the method according to claim 1(Light-Holets, paragraph 58, As a SCR ages, the SCR may become less effective at reducing NOx to nitrogen and water… the engine circuit 210 is configured to anticipate the lower efficiency/higher emissions and adjust the engine operating point accordingly; Smith, paragraph 33, modifying torque demands of the ICE 26 based on limiting accelerated aging of aftertreatment components of the emissions control system 34; McAllister, paragraph 107, the controller 9 may be arranged to compare the required torque to a threshold value; Nakaoka, paragraph 16, select the first control command value created by the consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is smaller than the set value), wherein the current torque demand is determined from an accelerator pedal position and/or from driving data(Smith, paragraph 40, the controller 110 may change the torque demand of the engine 26, such as by adjusting a torque generation rate of the engine 26 with respect to user input, such as pedal displacement 135 of a pedal).
Regarding claim 11, the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches a non-transitory computer-readable medium storing a computer program thereon that, when executed by of a control unit, causes the control unit to perform the steps of the method according to claim 1, (Smith, paragraph 14, a computer program product for an emissions control system includes a computer readable storage medium having program instructions embodied therewith, the program instructions executable by a controller to cause the controller to limiting exposure of a component of the emissions control system).
Regarding claim 12, the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches a control unit configured to execute the method according to claim1 (The control system of Smith is similar to the control unit. Smith, paragraph 33, modifying torque demands of the ICE 26 based on limiting accelerated aging of aftertreatment components of the emissions control system 34.).
Regarding claim 13, the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches a driving machine comprising a control unit, the control unit being configured to carry out the method according to claim 1(According to the specification a driving machine can comprise an internal combustion engine with an exhaust aftertreatment system. Smith discloses a vehicle with internal combustion engine. Smith, paragraph 27, Motor vehicle 10 includes a body 12 having an engine compartment 14, a passenger compartment 15, and a cargo bed 17. Engine compartment 14 houses an internal combustion engine system 24. Light-Holets, Paragraph 15, methods for coordination between and control of operating points for an engine and an electric motor of a vehicle based on feedback from an emissions sensor of an exhaust aftertreatment system).
Regarding claim 14, the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches a motor vehicle comprising a driving machine, wherein the motor vehicle is configured to carry out the method according to claim 1(Smith, paragraph 27, Motor vehicle 10 is shown in the form of a pickup truck. It is to be understood that motor vehicle 10 may take on various forms including automobiles, commercial transports, marine vehicles, and the like. Light-Holets, Paragraph 15, methods for coordination between and control of operating points for an engine and an electric motor of a vehicle based on feedback from an emissions sensor of an exhaust aftertreatment system).
Regarding claim 15, the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches The method according to claim 1(Light-Holets, paragraph 58, As a SCR ages, the SCR may become less effective at reducing NOx to nitrogen and water… the engine circuit 210 is configured to anticipate the lower efficiency/higher emissions and adjust the engine operating point accordingly; Smith, paragraph 33, modifying torque demands of the ICE 26 based on limiting accelerated aging of aftertreatment components of the emissions control system 34; McAllister, paragraph 107, the controller 9 may be arranged to compare the required torque to a threshold value; Nakaoka, paragraph 16, select the first control command value created by the consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is smaller than the set value), wherein the deviation indicates how much the current torque demand exceeds the allowable torque, such that the control command is selected differently for different deviations(Nakaoka discloses selecting different control commands depending on a magnitude of difference between one target value of the braking torque and another. The difference is compared to a set value and different control commands are selected accordingly. Nakaoka, paragraph 16, the selecting portion may select the second control command value created by the non-consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is equal to or larger than a set value; and the selecting portion may select the first control command value created by the consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is smaller than the set value).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Light-Holets (US 20220219674 A1) in view of Smith (US 20190085747 A1) in further view of McAllister(US 20190345880 A1) in further view of Nakaoka (US 20060087175 A1) in further view of Fang (CN 111196266 A).
Regarding claim 4, the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches the method according to claim 1(Light-Holets, paragraph 58, As a SCR ages, the SCR may become less effective at reducing NOx to nitrogen and water… the engine circuit 210 is configured to anticipate the lower efficiency/higher emissions and adjust the engine operating point accordingly; Smith, paragraph 33, modifying torque demands of the ICE 26 based on limiting accelerated aging of aftertreatment components of the emissions control system 34; McAllister, paragraph 107, the controller 9 may be arranged to compare the required torque to a threshold value; Nakaoka, paragraph 16, select the first control command value created by the consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is smaller than the set value),
The combination of Light-Holets, Smith, McAllister, and Nakaoka fails to disclose a method wherein the control command issues a torque demand that differs from the current torque demand in order to fall below the allowable torque.
However, Fang, which is in the same analogous art and that teaches about catalyst combustion initiation stage torque distribution discloses a method wherein the control command issues a torque demand that differs from the current torque demand in order to fall below the allowable torque(Fang discloses applying different torque for different catalyst (aftertreatment component) to improve purifying efficiency. Fang, paragraph 52, for the first catalyst and second catalyst of the invention heated up the difference of the combustion stage designs the different output torque distribution strategy, make the engine work at the proper condition to respectively the first catalyst and the temperature of the second catalyst. improve the purifying efficiency of the first catalyst and second catalyst. Fang, paragraph 95, if the first difference value is greater than the motor torque output threshold, by the motor control module controls output torque of the motor is the motor torque output threshold, the engine control module controls the output torque of the engine is the vehicle demand torque and the motor torque output difference threshold value ).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Light-Holets, Smith, McAllister, and Nakaoka with Fang to apply different torque for different catalyst (aftertreatment component) to improve purifying efficiency. By applying different torque for different catalyst, it is possible to prolong the age of an exhaust aftertreatment by dynamically adjusting an applied torque based on the state of the exhaust aftertreatment’s components.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Light-Holets (US 20220219674 A1) in view of Smith (US 20190085747 A1) in further view of McAllister(US 20190345880 A1) in further view of Nakaoka (US 20060087175 A1) in further view of Yacoub (DE 102013200318 A1).
Regarding claim 7, the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches the method according to claim 1(Light-Holets, paragraph 58, As a SCR ages, the SCR may become less effective at reducing NOx to nitrogen and water… the engine circuit 210 is configured to anticipate the lower efficiency/higher emissions and adjust the engine operating point accordingly; Smith, paragraph 33, modifying torque demands of the ICE 26 based on limiting accelerated aging of aftertreatment components of the emissions control system 34; McAllister, paragraph 107, the controller 9 may be arranged to compare the required torque to a threshold value; Nakaoka, paragraph 16, select the first control command value created by the consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is smaller than the set value),
While the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches adjusting and modifying torque based on age of aftertreatment component(SCR) and user torque demand to preserve a component, it fails to disclose a method wherein the previous torque demands are the torque demands in an operating period of the vehicle.
However, Yacoub, which is in the same analogous art and that teaches about a calibration standard for a drive train discloses a method wherein the previous torque demands are the torque demands in an operating period of the vehicle(Yacoub discloses determining torque demand during a vehicle driving cycle which is similar to obtaining torque demand during vehicle operation period. Yacoub, paragraph 26, data 7 are obtained, for example, from sensors 8. Data obtained during a vehicle driving cycle. Data 7 relates to the states and/or state changes of various components, parts. or systems of the vehicle and the environment Specifically, this can include data such as engine speed, Engine load, coolant temperature, status of exhaust aftertreatment components such as temperature, Space velocity, load, aging, environmental conditions such as ambient temperature and pressure, time and/or date).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of the combination of Light-Holets, Smith, McAllister, and Nakaoka with Yacoub to obtain torque demand for an operation cycle of a vehicle. By evaluating the torque demand for a period of time, it is possible to determine the efficiency of the aftertreatment component based on obtained data indicating its emission reduction capability. The determination of its efficiency allows a controller to dynamically adjust a torque to prevent a further degradation of an inefficient component.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Light-Holets (US 20220219674 A1) in view of Smith (US 20190085747 A1) in further view of McAllister(US 20190345880 A1) in further view of Nakaoka (US 20060087175 A1) in further view of Lin (CN 115045742 A).
Regarding claim 10, the combination of Light-Holets, Smith, McAllister, and Nakaoka teaches the method according to claim 1(Light-Holets, paragraph 58, As a SCR ages, the SCR may become less effective at reducing NOx to nitrogen and water… the engine circuit 210 is configured to anticipate the lower efficiency/higher emissions and adjust the engine operating point accordingly; Smith, paragraph 33, modifying torque demands of the ICE 26 based on limiting accelerated aging of aftertreatment components of the emissions control system 34; McAllister, paragraph 107, the controller 9 may be arranged to compare the required torque to a threshold value; Nakaoka, paragraph 16, select the first control command value created by the consideration creating portion, when the absolute value of the difference in the target value of the braking torque between the control-target brake system and each of the at least one of the other brake systems is smaller than the set value),
The combination of Light-Holets, Smith, McAllister, and Nakaoka specifically fail to disclose a method wherein a regeneration of the component is carried out when the current torque demand fulfills a criterion for the regeneration.
However, Lin, which is in the same analogous art and that teaches about fault Detection method of SCR system discloses a method wherein a regeneration of the component is carried out when the current torque demand fulfills a criterion for the regeneration(The specification discloses one of the criterion for regeneration of an aftertreatment component is minimum distance driven by a vehicle. Similarly, Lin discloses regeneration when vehicle milage is reached. Lin, paragraph 64, the vehicle driving distance is long, generating SCR crystal, after high temperature burning off the crystallization SCR conversion efficiency can be recovered, so as to adjust the regeneration mileage. Lin, paragraph 91, when judging that the SCR system has SCR crystallization fault, then self-adaptively adjusting the regeneration mileage through the ECU ).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Light-Holets, Smith, McAllister, and Nakaoka with Lin to regenerate an aftertreatment component based on its driving distance/milage. By adjusting regeneration of the component based in milage of the aftertreatment driving distance, it is possible to prevent excessive accumulation of diesel or nitrogen oxide particles that lower the efficiency of the aftertreatment component.
Prior art of record
The prior art made of record and not relied upon is considered pertinent to applicant’s
Disclosure.
Guo (CN-110953043-A), discloses determine trap catalyst based on the deterioration state of a nickel-based oxygen storage catalyst, a degradation rate of a device, and in response to the degradation rate increases by engine load and/or engine torque output to adjust rich fuel air-fuel ratio offset duration and intensity.
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 BESUFEKAD LEMMA TESSEMA whose telephone number is (571)272-6850. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hunter Lonsberry can be reached at 5712727298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BESUFEKAD LEMMA TESSEMA/Examiner, Art Unit 3665
/HUNTER B LONSBERRY/Supervisory Patent Examiner, Art Unit 3665
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