DETAILED ACTION
This is the First Office Action on the Merits and is directed towards claims 1-15 as originally presented and filed on 11/13/2024.
Notice of Pre-AIA or AIA Status
Priority is claimed as set forth below, accordingly the earliest effective filing date is May 16, 2021 (20210516).
The present application, effectively filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
This application is a continuation of U.S. Application Serial No. 17/645,626, filed December 22, 2021, which claims priority to U.S. Provisional Patent Application Serial No. 63/189,213, filed May 16, 2021, and U.S. Provisional Patent Application Serial No. 63/189,212, filed May 16, 2021 (20210516) (“Parent Application(s)”). See MPEP §201.07[R-08.2017]. In accordance with MPEP §609.02 [R-07.2015] Section A. 2 and MPEP §2001.06(b)[R-08.2017] (last paragraph), the Examiner has reviewed and considered the prior art cited in the Parent Application. Also in accordance with MPEP §2001.06(b) [R-08.2017] (last paragraph), all documents cited or considered ‘of record’ in the Parent Application are now considered cited or ‘of record’ in this application. Additionally, Applicant(s) are reminded that a listing of the information cited or ‘of record’ in the Parent Application need not be resubmitted in this application unless Applicants desire the information to be printed on a patent issuing from this application. See MPEP §609.02 [R-07.2015] Section A. 2. Finally, Applicants are reminded that the prosecution history of the Parent Application is relevant in this application. See e.g., Microsoft Corp. v. Multi-Tech Sys., Inc., 357 F.3d 1340, 1350, 69 USPQ2d 1815, 1823 (Fed. Cir. 2004) (holding that statements made in prosecution of one patent are relevant to the scope of all sibling patents).
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 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.
Claim(s) 1-5 and 9-13 and is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20170256104 A1 to Pradun; James N. et al. (hereinafter Pradun).
Regarding claim 1 Pradun teaches in for example the Figure(s) reproduced immediately below:
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and associated descriptive texts A system, comprising:
a prime mover structured to generate power for a mobile vehicle (given the Broadest Reasonable Interpretation (BRI) of the claim limitations “prime mover” and “mobile vehicle” is considered shown in Fig, 1 and connotes “exemplary engine system 10” including “a diesel engine 12” and a “vehicle exhaust” respectively, wherein a Person of Ordinary Skill In The Art (POSITA) understands “a vehicle” is known in the art to be a “mobile vehicle” as explained in for example only paras:
“[0007] One application for heaters in fluid flow systems is vehicle exhausts, which are coupled to an internal combustion engine to assist in the reduction of an undesirable release of various gases and other pollutant emissions into the atmosphere. These exhaust systems typically include various aftertreatment devices, such as diesel particulate filters (DPF), a catalytic converter, selective catalytic reduction (SCR), a diesel oxidation catalyst (DOC), a lean NO.sub.x trap (LNT), an ammonia slip catalyst, or reformers, among others. The DPF, the catalytic converter, and the SCR capture carbon monoxide (CO), nitrogen oxides (NO.sub.x), particulate matters (PMs), and unburned hydrocarbons (HCs) contained in the exhaust gas. The heaters may be activated periodically or at a predetermined time to increase the exhaust temperature and activate the catalysts and/or to burn the particulate matters or unburned hydrocarbons that have been captured in the exhaust system.
[0025] Referring to FIG. 1, an exemplary engine system 10 generally includes a diesel engine 12, an alternator 14 (or generator in some applications), a turbocharger 16, and an exhaust aftertreatment system 18. The exhaust aftertreatment system 18 is disposed downstream from a turbocharger 16 for treating exhaust gases from the diesel engine 12 before the exhaust gases are released to atmosphere. The exhaust aftertreatment system 18 can include one or more additional components, devices, or systems operable to further treat exhaust fluid flow to achieve a desired result. In the example of FIG. 1, exhaust aftertreatment system 18 includes a heating system 20, a diesel oxidation catalyst (DOC) 22, a diesel particulate filter device (DPF) 24, and a selective catalytic reduction device (SCR) 26. The exhaust aftertreatment system 18 includes an upstream exhaust conduit 32 that receives a heater assembly 28 therein, an intermediate exhaust conduit 34 in which the DOC 22 and DPF 24 are provided, and a downstream exhaust conduit 36 in which the SCR 26 is disposed.”);
a power converter structured to receive a portion of the generated power (given the BRI connotes “alternator/generator 14” as explained in for example para [0025] above),
and to provide configured electrical power to an electric heater device configured to selectively heat an exhaust fluid of the prime mover (as shown in Fig. 1 Generator 14 has a line going to heater control 30 and then to heater assembly 28 as explained in for example para:
“[0027] The heating system 20 includes a heater assembly 28 disposed upstream from the DOC 22, and a heater control module 30 for controlling operation of the heater assembly 28. Heater assembly 28 can include one or more electric heaters wherein each electric heater includes at least one resistive heating element. The heater assembly 28 is disposed within an exhaust fluid flow pathway in order to heat the fluid flow during operation. Heater control module 30 typically includes a control device adapted to receive input from the heater assembly 28. Examples of controlling the operation of heater assembly 28 can include turning the heater assembly on and off, modulating power to the heater assembly 28 as a single unit and/or modulating power to separate subcomponents, such as individual or groups of resistive heating elements, if available, and combinations thereof.”);
at least one aftertreatment component positioned downstream of the electric heater device, and configured to treat at least one constituent of the exhaust fluid (as shown in fig. 1 above wherein it is understood “at least one aftertreatment component “ connotes at least “ diesel oxidation catalyst (DOC) 22,” as explained in for example para:
“[0026] It should be understood that the engine system 10 illustrated and described herein is merely exemplary, and thus other components such as a NO.sub.x adsorber or ammonia oxidation catalyst, among others, may be included, while other components such as the DOC 22, DPF 24, and SCR may not be employed. Further, although a diesel engine 12 is shown, it should be understood that the teachings of the present disclosure are also applicable to a gasoline engine and other fluid flow applications. Therefore, the diesel engine application should not be construed as limiting the scope of the present disclosure. Such variations should be construed as falling within the scope of the present disclosure.”));
and a controller (given the BRI connotes the ECU (Engine Control Unit) known to a POSITA and described in for example para:
“[0095] In still another form, the virtual sensing system functions in a diagnostic mode to compare a response of the heater 40 to a known applied power to determine if the overall exhaust aftertreatment system 18 is degrading, has reduced efficiency, or if there is a defect in the exhaust aftertreatment system 18. In addition, the virtual sensing system may allow for the removal of a catalyst inlet temperature sensor, thus reducing the cost and complexity of the overall exhaust aftertreatment system 18. If the catalyst inlet temperature sensor remains in the exhaust aftertreatment system 18, its output can be compared to the calculated/predicted heater outlet temperature provided by the virtual sensing system and any mismatch therebetween can trigger a diagnostic trouble code within an engine control unit (ECU). Furthermore, the virtual sensor system of the present disclosure can be integrated with a model-based design (e.g., Simulink) to improve transient performance and allow better characterization of the heater system. Furthermore, a model-based design can adjust parameters/characterization of the virtual sensor system based on a specific application other than the diesel exhaust application as used herein.”),
comprising:
an operating conditions circuit structured to interpret an operating parameter of at least one of the power converter, the electric heater device, or the exhaust fluid (connotes the operation of the vehicle ECU in determining what is known in the art as diagnostic trouble codes (DTC’s) for each subsystem as is known to a POSITA and further described in for example only para:
“[0094] Generally, the present disclosure takes inputs from a variety of devices, such as by way of example, engine, exhaust, electrical power, and heater, executes various algorithms, and then generates output such as actual power consumption, exhaust temperature, heater temperature, diagnostics, and exhaust mass flow. The engine inputs/parameters may include exhaust temperature and exhaust flow; and the heater inputs/parameters may include heater power, geometry, and coefficients. The system model may include a heater model, wire temperature and sheath temperature, and at least one control algorithm. The outputs may then include exhaust temperature, exhaust flow, and diagnostics.”);
an aftertreatment diagnostic circuit structured to determine a component diagnostic value in response to the operating parameter (is considered part of control system 10 communicating with the vehicle ECU when determining which DTC to select/set as is known in the art by a POSITA and explained in for example paras [0094-95]+/-10 paragraphs including for example para:
“[0098] The present disclosure further provides for an engine system 10 including a control system for the heating system of the exhaust system as previously described. The control device is adapted to receive engine inputs selected from the group consisting of engine parameters, exhaust parameters, electrical power output, heater parameters, and the device is operable to generate output selected from the group consisting of power consumption, exhaust temperature, heater temperature, diagnostics, exhaust mass flow rate, and combinations thereof. The control system is further operable to diagnose degrading engine system components. In this example, the control system is in communication with an engine control unit and adapted to trigger a diagnostic trouble code when a determined parameter is mismatched with a preset parameter.”);
and an emissions reporting circuit structured to transmit an emissions description in response to the component diagnostic value (again, is considered part of the control system 10 communicating with the vehicle ECU determining which DTC to select/set as is known in the art by a POSITA as explained in for example paras [0094-95]+/-10 paragraphs including for example only paras:
“[0101] As used herein, the term “model” should be construed to mean an equation or set of equations, a tabulation of values representing the value of a parameter at various operating conditions, an algorithm, a computer program or a set of computer instructions, a signal conditioning device or any other device that modifies the controlled variable (e.g., power to the heater) based on predicted/projected/future conditions, wherein the prediction/projection is based on a combination of a priori and in-situ measurements.
[0102] Accordingly, a variety of different forms of heaters, sensors, control systems, and related devices and methods have been disclosed herein for use in fluid flow systems. Many of the different forms can be combined with each other and may also include additional features specific to the data, equations, and configurations as set forth herein. Such variations should be construed as falling within the scope of the present disclosure.“);
Although the claims are interpreted in light of the specification, limitations from the specification are NOT imported into the claims. The Examiner must give the claim language the Broadest Reasonable Interpretation (BRI) the claims allow.
See MPEP 2111.01 Plain Meaning [R-10.2024], which states
II. IT IS IMPROPER TO IMPORT CLAIM LIMITATIONS FROM THE SPECIFICATION
"Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. For example, a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment." Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875, 69 USPQ2d 1865, 1868 (Fed. Cir. 2004). See also Liebel-Flarsheim Co. v. Medrad Inc., 358 F.3d 898, 906, 69 USPQ2d 1801, 1807 (Fed. Cir. 2004) (discussing recent cases wherein the court expressly rejected the contention that if a patent describes only a single embodiment, the claims of the patent must be construed as being limited to that embodiment); E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) ("Inter US-20100280751-A1 1pretation of descriptive statements in a patent’s written description is a difficult task, as an inherent tension exists as to whether a statement is a clear lexicographic definition or a description of a preferred embodiment. The problem is to interpret claims ‘in view of the specification’ without unnecessarily importing limitations from the specification into the claims."); Altiris Inc. v. Symantec Corp., 318 F.3d 1363, 1371, 65 USPQ2d 1865, 1869-70 (Fed. Cir. 2003) (Although the specification discussed only a single embodiment, the court held that it was improper to read a specific order of steps into method claims where, as a matter of logic or grammar, the language of the method claims did not impose a specific order on the performance of the method steps, and the specification did not directly or implicitly require a particular order). See also subsection IV., below. When an element is claimed using language falling under the scope of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, 6th paragraph (often broadly referred to as means- (or step-) plus- function language), the specification must be consulted to determine the structure, material, or acts corresponding to the function recited in the claim, and the claimed element is construed as limited to the corresponding structure, material, or acts described in the specification and equivalents thereof. In re Donaldson, 16 F.3d 1189, 29 USPQ2d 1845 (Fed. Cir. 1994) (see MPEP § 2181- MPEP § 2186).
In Zletz, supra, the examiner and the Board had interpreted claims reading "normally solid polypropylene" and "normally solid polypropylene having a crystalline polypropylene content" as being limited to "normally solid linear high homopolymers of propylene which have a crystalline polypropylene content." The court ruled that limitations, not present in the claims, were improperly imported from the specification. See also In re Marosi, 710 F.2d 799, 802, 218 USPQ 289, 292 (Fed. Cir. 1983) ("'[C]laims are not to be read in a vacuum, and limitations therein are to be interpreted in light of the specification in giving them their ‘broadest reasonable interpretation.'" (quoting In re Okuzawa, 537 F.2d 545, 548, 190 USPQ 464, 466 (CCPA 1976)). The court looked to the specification to construe "essentially free of alkali metal" as including unavoidable levels of impurities but no more.).”
Regarding claim 2 and the limitation the system of claim 1, wherein the operating parameter comprises a temperature of the exhaust fluid at a position downstream of the electric heater device (see for example only para [0025] “downstream exhaust conduit 36” and para:
“[0028] In one form, the heater control module 30 includes a control device. The control device is in communication with at least one electric heater of the heater assembly 28. The control device is adapted to receive at least one input including but not limited to an exhaust fluid flow, mass velocity of an exhaust fluid flow, flow temperature upstream of the at least one electric heater, flow temperature downstream of the at least one electric heater, power input to the at least one electric heater, parameters derived from physical characteristics of the heating system, and combinations thereof. The at least one electric heater can be any heater suitable to heat an exhaust fluid. Example electric heaters include but are not limited to a band heater, a bare wire resistive heating element, a cable heater, a cartridge heater, a layered heater, a strip heater, a tubular heater, and combinations thereof. The physical characteristics may include, by way of example, resistance wire diameter, MgO (insulation) thickness, sheath thickness, conductivity, specific heat and density of the materials of construction, heat transfer coefficient, and emissivity of the heater and fluid conduit, among other geometrical and application related information.”).
Regarding claim 3 and the limitation the system of claim 1, wherein the operating parameter comprises at least one of a temperature or a flow rate of the exhaust fluid, (given the BRI connotes inter alia in para [0095] “If the catalyst inlet temperature sensor remains in the exhaust aftertreatment system 18, its output can be compared to the calculated/predicted heater outlet temperature provided by the virtual sensing system and any mismatch therebetween can trigger a diagnostic trouble code within an engine control unit (ECU).” And mass flow rate disclosed throughout the reference including for example para:
“[0084] The present disclosure further provides for predictive/proactive control of the heater 40. For example, system data such as torque demand, pedal position, and increased manifold absolute pressure (MAP)/boost/engine timing can be converted into a mass flow rate, which can then be provided to the control system to determine desired heater power in advance of when the power is needed, rather than relying on a delayed response to a physical sensor.”);
and further comprises an operational description of the electric heater device (given the BRI of “an operational description “ is considered by a POSITA to be any one of the state of the heater being either on or off, the temperature of the heater or even the DTC for the heater as taught in and throughout the reference).
Regarding claim 4 and the limitation the system of claim 3, wherein the operational description of the electric heater device comprises an electrical connectivity value (given the BRI connotes inter alia the “resistance” or resistance wire diameter of the resistive wire as disclosed in for example para [0028] and paras:
“[0001] This application claims priority to and the benefit of U.S. provisional application Ser. No. 62/302,482, filed on Mar. 2, 2016, the contents of which are incorporated herein by reference in their entirety. This application is also related to copending applications titled “System and Method for Axial Zoning of Heating Power,” “Advanced Two-Wire Heater System for Transient Systems,” “Heater Element Having Targeted Decreasing Temperature Resistance Characteristics,” “Dual-Purpose Heater and Fluid Flow Measurement System,” “Heater-Actuated Flow Bypass,” “Susceptor for Use in a Fluid Flow System,” “Thermal Storage Device for Use in a Fluid Flow System,” and “Bare Heating Elements for Heating Fluid Flows” concurrently filed herewith, the contents of which are incorporated herein by reference in their entirety.
[0006] Moreover, known technology uses an on/off control or PID control from an external sensor in a thermal control loop. External sensors have inherent delays from thermal resistances between their wires and sensor outputs. Any external sensor increases the potential for component failure modes and sets limitations of any mechanical mount to the overall system.”).
Regarding claim 5 and the limitation the system of claim 3, wherein the operational description of the electric heater device comprises a power consumption value (see para [0094] above “actual power consumption”).
Regarding claim 9 and the limitation the system of claim 1, wherein the operating parameter comprises at least one of a temperature associated with the at least one aftertreatment component (see for example paras:
“[0029] The system of FIG. 1 includes the DOC 22 disposed downstream from the heater assembly 28. The DOC 22 serves as a catalyst to oxidize carbon monoxide and any unburnt hydrocarbons in the exhaust gas. In addition, the DOC 22 converts nitric oxide (NO) into nitrogen dioxide (NO.sub.2). The DPF 24 is disposed downstream from the DOC 22 to assist in removing diesel particulate matter (PM) or soot from the exhaust gas. The SCR 26 is disposed downstream from the DPF 24 and, with the aid of a catalyst, converts nitrogen oxides (NOx) into nitrogen (N.sub.2) and water. A urea water solution injector 27 is disposed downstream from the DPF 24 and upstream from the SCR 26 for injecting urea water solution into the stream of the exhaust gas. When urea water solution is used as the reductant in the SCR 26, NOx is reduced into N.sub.2, H.sub.2O and CO.sub.2.
[0030] In one form of the present disclosure, data from the engine system 10 described above is used in a mathematical model to predict various temperatures, including heater temperature, exhaust inlet temperature, and exhaust outlet temperature, among others, without the use of physical sensors. These models have been developed for both transient and non-transient systems and are applicable to a variety of heater types and fluid flow applications. Accordingly, the various forms provided herein of a tubular heater and an engine exhaust should not be construed as limiting the scope of the present disclosure. Further, the specific reference to a “heater sheath” temperature is merely exemplary and the calculated temperature may be for any component of any type of heater such as a band heater, a bare wire resistive heating element, a cable heater, a cartridge heater, a layered heater, a strip heater, or a tubular heater, among others. A “layered heater” has been previously defined in U.S. Pat. No. 7,196,295, which is commonly assigned with the present application and the contents of which are incorporated herein by reference in their entirety.
[0031] Referring to FIG. 2, a tubular heater is used as an example type of heater used in the heater assembly 28 and is illustrated and generally indicated by reference numeral 40. The tubular heater 40 comprises a resistive heating element 42 disposed within a sheath 44, and an insulation material 46 disposed therebetween, such as by way of example, a compacted magnesium oxide (MgO). The tubular heater 40 also may include power pins 50 and seals 52.”)
or a temperature trajectory associated with the at least one aftertreatment component (given the BRI connotes “predicting the outlet temperature” disclosed in for example para:
“[0014] The present disclosure also provides for a method of predicting temperature of at least one location in a fluid flow system having a heater disposed in a heating system for heating fluid. The method includes: obtaining a mass flow rate of fluid flow of the fluid flow system; obtaining at least one of a fluid outlet temperature and a fluid inlet temperature of the heater; obtaining power provided to the heater; and calculating temperature at the at least one location based on a model of the fluid flow system and the obtained mass flow rate and fluid outlet and inlet temperatures.”).
Regarding claim 10 and the limitation the system of claim 1, wherein the component diagnostic value comprises at least one value selected from the values consisting of:
a value indicating whether the at least one aftertreatment component is operative;
a value indicating an operational capability of the at least one aftertreatment component;
a value indicating an active fault of the at least one aftertreatment component;
or a value indicating a latent fault of the at least one aftertreatment component (given the BRI are all considered part of the control system already discussed and explained above working with the ECU of the vehicle in determining a DTC for any particular component).
Regarding claim 11 and the limitation the system of claim 1, wherein the emissions description comprises at least one value selected from the values consisting of:
a value indicating whether an emissions component is operative;
a value indicating an emissions capability of the system;
a value indicating an emissions compliance of the system;
or a value indicating an operational capability of the emissions component (given the BRI are all considered part of the control system already discussed and explained above working with the ECU of the vehicle in determining a DTC for any particular component).
Regarding claim 12 and the limitation the system of claim 1, wherein the emissions reporting circuit is further structured to transmit the component diagnostic value as the emissions description (given the BRI are all considered part of the control system already discussed and explained above working with the ECU of the vehicle in determining a DTC for any particular component that a POSITA understands “throws a code”).
Regarding claim 13 and the limitation the system of claim 1, wherein the operating parameter comprises at least one of a current value or a voltage value of the configured electrical power (see “…power input…to at least one electric heater…”, “…to then modulate power to the heater…” disclosed in for example para [0028-32] wherein it is understood that a POSITA knows that Power in an electrical circuit is obtained by multiplying current times voltage in the NOTORIOUSLY OLD AND WELL KNOWN basic electric equation P=IE wherein P = Power, I = Current in amps and E = voltage in volts).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20170256104 A1 to Pradun; James N. et al. (hereinafter Pradun) as applied to the claims above in view of US 20190155230 A1 to CULBERTSON; David P. et al. (hereinafter Culbertson).
Regarding claim 6 Pradun teaches the limitation the system of claim 1 in the rejection of corresponding parts of claim 1 above incorporated herein by reference, Pradun does not appear to expressly disclose further comprising a battery pack comprising at least one battery,
wherein the power converter is further structured to selectively transfer power between the battery pack and the electric heater device.
In analogous art Culbertson teaches in for example, the figures below:
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And associated descriptive texts a battery pack comprising at least one battery (in for example para:
“[0101] In a prior art heating system for an exhaust system, the heater may be activated solely based on the conditions of the exhaust system, such as the temperature of the exhaust gas, without considering the conditions of the engine and the battery. Such control may compromise the fuel efficiency. For example, when the vehicle is operated in a charge-depleting or EV mode where the vehicle operation is dependent on the energy from the battery pack, actuating the heater in this state causes an increased demand for power. The increased demand for power may cause the vehicle to switch from the charge-depleting mode to an engine running mode if the battery state of charge is low, thereby undesirably increasing fuel consumption.”),
wherein a power converter is further structured to selectively transfer power between the battery pack and an electric heater device (see para:
“[0102] Therefore, the heater control module 30 of the heating system 20 for the exhaust aftertreatment system 18 may be configured to control one or more electric heaters of the heater assembly 28 in a way to reduce emissions from the exhaust aftertreatment system 18 while taking fuel efficiency into consideration. The one or more electric heaters of the heater assembly 18 are disposed in an exhaust fluid flow pathway. The heater control module 30 includes a control device 31 configured to receive at least one input relating to the conditions of the engine, the battery, the alternator, the heater, the aftertreatment component of the exhaust aftertreatment system 18, as well as the temperature along the exhaust fluid flow pathway of the exhaust aftertreatment system 18 and to modulate power to the heater assembly 18 accordingly.
[0112] In another example, the at least one input may include battery current or battery state of charge. In this case, the heater power is limited when the battery state of charge is lower than a threshold value. Therefore, the heater assembly 28 may be controlled to be limited based on engine/alternator speed or based on change in voltage over time.”.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the battery disclosed in Culbertson with the vehicle taught in Pradun with a reasonable expectation of success because it would have provided an additional method of providing energy to the heater as known to a POSITA.
Regarding claim 7 Pradun teaches the limitation the system of claim 6 wherein the operating parameter does not include a state of charge of the battery pack (in the rejection of corresponding parts of claim 1 above incorporated herein by reference, see specifically the “operating conditions” and “parameters” found and discussed throughout Pradun, further a POSITA would understand that the operating parameter of the alternator/generator is one of current and or voltage being generated by said alternator or generator).
Regarding claim 8 and the limitation the system of claim 6, wherein the operating parameter does not relate to the battery pack (see the rejection of corresponding parts of claims 7 and 1 above incorporated herein by reference, see specifically the “operating conditions” and “parameters” found and discussed throughout Pradun which do not relate to a battery pack because, inter alia Pradun does not expressly disclose a battery).
Claims 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20170256104 A1 to Pradun; James N. et al. (hereinafter Pradun) as applied to the claims above in view of US 20100123441 A1 to Kim; Hongrae et al. (hereinafter Kim).
Regarding claim 14 and the limitation the system of claim 1, Pradun does not appear to expressly disclose wherein the power converter further comprises a DC/DC converter having a plurality of phase converters.
In analogous art Kim teaches in for example, the figures below:
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And associated descriptive texts wherein a power converter further comprises a DC/DC converter having a plurality of phase converters (see for example para:
“[0004] A multi-phase DC-DC converter (MPC) includes a DC-DC converter with multiple phase-legs connected in parallel. Connecting the phase-legs in parallel allows the current flowing through the MPC (hereinafter "inductor current") to be distributed between the phase-legs. Distributing the inductor current between the phase-legs provides a number of benefits, particularly for automotive power systems. Consequently, the MPC has gained increasing attention in many automotive applications as demands for automotive power systems have increased.
[0005] With reference to FIG. 1, a 2-stage multi-phase DC-DC converter 10 has a first phase-leg 14 and a second phase-leg 16. In addition, the first phase-leg 14 and the second phase-leg 16 are connected in parallel to a battery 12. The first phase-leg 14 has an inductor L1, a switch 51, and a switch S2. The second phase-leg 16 has an inductor L2, a switch S3, and a switch S4. In addition, the 2-stage multi-phase DC-DC converter 10 has a plurality of current sensors 18. The plurality of current sensors 18 sense respective currents flowing through inductors L1 and L2. However, the plurality of current sensors 18 increases the cost, volume, and weight of the 2-stage multi-phase DC-DC converter 10.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the DC-DC converter disclosed in Kim with the vehicle taught in Pradun with a reasonable expectation of success because it would have allowed the “power systems” to “be more compact, lightweight, and inexpensive.” as taught by Kim Para:
“[0009] With the introduction of the MPC, the distribution of inductor current between the phase-legs provides a number of benefits to automotive power systems. For example, automotive power systems can use smaller components as well as more cost-effective components. Furthermore, automotive power systems can be more compact, lightweight, and inexpensive. In addition, inputs and outputs of automotive power systems typically experience lower ripples. With lower ripples in the automotive power system, filtering losses can be reduced and the filtering system can be reduced in size.”.
Regarding claim 15 and the limitation the system of claim 14, wherein the operating parameter comprises at least one of:
a temperature of at least one of the plurality of phase converters (see Kim para:
“[0043] In another scenario, the control system 30 may redistribute the inductor current between the phase legs 34, 36 in an effort for each phase-leg 34, 36 to dissipate different amounts of heat. For example, this may be beneficial if one of the inductors L1, L2, which may have overheated, needs to cool to a lower temperature. In another example, zero current in one of the phase-legs 34, 46 may be desirable to provide simpler control and/or more predictable behavior of the MPC 38 while operating the MPC 38 at a relatively low level of inductor current. For example, the low level of inductor current may be 1 amp. However, the low level of inductor current may be greater than or less than 1 amp depending on the design of the MPC 38. In addition, the low level of inductor current may allow ripple current to flow continuously through one of the inductors L1, L2. Furthermore, the low level of inductor current may allow ripple current to flow in the same direction as the average inductor current. When the average value of inductor current becomes small, the nominal-to-peak ripple current may be greater than the average value of inductor current and cause the ripple current to reverse direction from the direction of the desired average current or to become zero for a portion of the PWM period, which may be undesirable. The control system 30 may allow no inductor current to flow through one of the phase-legs 34, 36 to increase the average current in the other phase-leg and thus in an effort prevent the ripple current from either reversing direction or becoming zero.”),
a switching response of at least one of the plurality of phase converters (given the BRI see Kim para:
“[0038] As illustrated in FIG. 3, the single current sensor 40 generates a sensor signal 44 in response to sensing the amount of current flowing through the DC link 52. The amounts of current sensed by the single current sensor 40 flowing through the DC link 52 may referred to as "sensed currents." The single current sensor 40 embeds or encodes the amount of current flowing through the DC link 52 in the sensor signal 44. During a first time interval the single current sensor 40 embeds or encodes the amount of current flowing through the first phase-leg 34 as sensed by the single current sensor 40 in the DC link 52. During a second time interval, the single current sensor 40 embeds or encodes the amount of current flowing through the second phase-leg 36 as sensed by the single current sensor 40 in the DC link 52. Furthermore, the single current sensor 40 may embed or encode the amount of current flowing through the DC link 52 in the sensor signal 44 during other time intervals. For example, the single current sensor 40 may sense and embed or encode the amount of current flowing through both the first phase-leg 34 and the second phase-leg 36 during a third time interval. During a fourth time interval, the single current sensor 40 may sense and embed or encode the amount of current flowing through neither the first phase-leg 34 nor the second phase-leg 36. The amount of current flowing during the third and fourth time intervals may used by the control system 30 for various purposes, such as diagnostics, current estimation, etc.”),
or a current value of at least one of the plurality of phase converters (given the BRI see Kim para:
“[0040] The command values indicate a desired or target amount of current at a particular time for each phase-leg 34, 36. The target amounts of current of the phase-legs 34, 36 may or may not be equal. If the target amount of current does not match the corresponding sensed current, then the control system 30 may redistribute the inductor current between the phase legs 34, 36. The control system 30 may continue to redistribute the inductor current between the phase legs 34, 36 in an effort to match the corresponding sensed current to the target amount of current, which may vary over time.”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as teaching, inter alia, the state of the art of exhaust treatment systems at the time of the invention. For example:
US 20120003131 A1 to Ibrahim; Osama et al. teaches, inter alia INTEGRATED DIESEL PARTICULATE FILTER AND ELECTRIC LOAD BANK in for example the ABSTRACT, Figures and/or Paragraphs below:
“An apparatus for dissipating energy into the exhaust gas of an internal combustion engine includes a container for confining a flow path for exhaust gas from an internal combustion engine where the container has an inlet and an outlet. A porous, electrically conductive mesh is placed in the container such that exhaust gas can flow through the conductive mesh. At least two electrical terminals are in permanent electrical contact with the conductive mesh. An electrical power supply completes an electrical circuit through the conductive mesh with the power supply having two or more electrical outputs electrically connected to an equal number of electrical terminals on the conductive mesh. The apparatus provides a filter, heater, electrical load and silencer.
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[0051] Referring to FIG. 5, the flow of electricity through the mesh 400 may be controlled by a control circuit 510 comprising at least one switch 520 connected in series between an external power source 500 and the tabs 340, in an electrical circuit comprising the mesh 400, the power regulator 515 and the switch 520. The switch 520 may be a manual switch, an electromechanical relay, or a solid state relay. In this example, the switch 520 is a solid state or electromechanical relay, controlled by a microprocessor control module 530 connected to it by a signal cable 540. By controlling the operation of the switch 520, the microprocessor control module 530 modulates the electrical power outputs 560 of the power supply 510. In other embodiments, the control circuit 510 conducts and controls the flow of electrical power from the external power source 500 to a plurality of conductive tabs 340 on a plurality of cartridges 300.”.
US 5985222 A to Sudduth; Bruce C. et al. teaches, inter alia an Apparatus and method for reducing NOx from exhaust gases produced by industrial processes in for example the ABSTRACT, Figures and/or Paragraphs below:
“Gas-phase methods and systems for reducing NOx emissions and other contaminants in exhaust gases, and industrial processes using the same, are disclosed. In accordance with the present invention, hydrocarbon(s) autoignite and autothermally heat an exhaust gas from an industrial process so that NH.sub.3, HNCO or a combination thereof are effective for selectively reducing NOx autocatalytically. Preferably, the reduction of NOx is initiated/driven by the autoignition of hydrocarbon(s) in the exhaust gas. Within the temperature range of about 900-1600.degree. F., the introduced hydrocarbon(s) autoignite spontaneously under fuel-lean conditions of about 2-18% O.sub.2 in the exhaust gas. Once ignited, the reactions proceed autocatalytically, heating the exhaust gas autothermally.”.
US 20110061373 A1 to Zimmerman; Bret Alan et al. teaches, inter alia VEHICLE RELOCATABLE EXHAUST SYSTEM COMPONENTS in for example the ABSTRACT, Figures and/or Paragraphs below:
“Modification of reductant (e.g., diesel exhaust fluid, DEF) tank location, for example during vehicle up-fitting may result in less than optimal operation of the DEF system due to inaccurate DEF system calibration. In one example approach, the above issue can be at least partially addressed by adjusting control system parameters for system control and diagnostics based on an input indicative of, or any modification to, the DEF tank location. In this way, DEF tank location flexibility is maintained, while also maintaining emission control and diagnostic accuracy.
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[0014] Turning to FIG. 1, a schematic example of a pre-assembled partially complete vehicle is shown generally at 100. Vehicle 100 may be received from a manufacturer by a vehicle up-fitter, for example, for further manufacture. Vehicle 100 may include a chassis 102, an axle 104 with wheels 106, an engine 108, and a control system 14. The engine 108 may be a diesel engine in one example. Further, although not shown, vehicle 100 may further include a transmission, cab, or other components.
[0015] Control system 14 is shown receiving information from a plurality of sensors 16 (various examples of which are described herein) and sending control signals to a plurality of actuators 18 (various examples of which are described herein). As one example, sensors 16 may include exhaust gas sensors, such as NOx, O2, and various other sensors coupled in the engine exhaust. Other sensors such as pressure and temperature sensors, may be coupled to various locations in the vehicle. As another example, the actuators may include fuel injectors (not shown), reductant injectors, reductant line heaters, and various others as described herein. The control system 14 may include a controller 12. The controller may receive input data from the various sensors, process the input data, and trigger the actuators in response to the processed input data based on instructions or code programmed or encoded therein corresponding to one or more routines. In one example, controller may be a microcomputer, including microprocessor unit, input/output ports, an electronic storage medium for executable programs and calibration values, random access memory, keep alive memory, and a data bus.”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL LAWSON GREENE JR whose telephone number is (571)272-6876. The examiner can normally be reached on MON-THUR 7-5:30PM (EST).
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/DANIEL L GREENE/Primary Examiner, Art Unit 3665 20260206