DETAILED ACTION
Claims 1-20 received on 11/25/2024 are considered in this office action. Claims 1-20 are pending for examination.
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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in EP on 12/12/2023. It is noted, however, that applicant has not filed a certified copy of the EP23215741.2 application as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/25/2024 is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 19 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a non-statutory subject matter.
101 Analysis: Step 1
Claims 1-14 and 20 are directed to an apparatus, i.e. a machine.
Claim 15-18 are directed to a method.
Therefore, claims 1-18 and 20 fall into at least one of the four statutory categories.
Claim 19 is directed to a program. The broadest reasonable interpretation of a program is a product that does not have a physical or tangible form, such as a computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations – (MPEP § 2106.03.I).
Therefore, claim 19 is directed to a non-statutory subject matter.
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 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 1-4 and 6-20 are rejected under 35 U.S.C. 103 as being unpatentable over JANG (US20190118793A1), in view of Volmerding (US 20220371575 A1).
Regarding claim 1, JANG teaches a computer system comprising processing circuitry configured to (FIG. 1 controller 80; para. [0036]: “A term “controller” may refer to a hardware device including a memory and a processor. The memory is configured to store program commands and the processor is specifically programmed to execute program commands which performs at least one process which will be described below”):
receive data indicative of a temperature parameter of an engine aftertreatment system positioned in downstream fluid communication with an internal combustion engine of a vehicle (FIG. 1; para. [0043]: “As illustrated in FIG. 1, a vehicle control system according to an embodiment of the present invention includes an engine 10, an exhaust pipe 20, a soot filter 30, an injection module 40, a selective catalytic reduction (SCR) catalyst 60, a hybrid starter/generator (HSG), a battery 72, and a controller 80.”; para. [0081]: “the controller 80 determines whether the temperature of the SCR catalyst 60 is lower than a first temperature at step S320”, wherein SCR indicates engine aftertreatment system positioned in downstream fluid communication with an internal combustion engine of a vehicle, as shown in FIG. 1), and
in response to the temperature parameter of the engine aftertreatment system falling outside a predetermined range (FIG. 3 S320; para. [0010]: “The SCR catalyst operates well at a predetermined temperature range (approximately, 250° C. to 400° C.)”; para. [0081]: “the controller 80 determines whether the temperature of the SCR catalyst 60 is lower than a first temperature at step S320”):
control a kinetic energy recovery system connected to a propeller shaft connected to the internal combustion engine to generate power from kinetic energy of the propeller shaft in response to the temperature parameter falling below the predetermined range (FIG. 3 S325; para. [0081]: “When the temperature of the SCR catalyst 60 is lower than the first temperature at the step S320, the controller 80 increases the load of the MHSG 70 by a first load at step S325. Normally, the controller 80 controls the injector 14 to inject a fuel according to a predetermined map in order to meet a torque requested by the driver. However, when the load of the MHSG 70 is increased, the load of the MHSG 70 acts as a frictional force. Therefore, the controller 80 controls the injector 14 to inject more fuel in order to meet the torque demanded by the driver. Therefore, the temperature of the exhaust gas sharply increases. In the meantime, as a method of increasing the load of the MHSG 70, a clutch which selectively connects the crankshaft of the engine 10 and a shaft of the MHSG 70 is operated (to engage the crankshaft and the shaft of the MHSG) or a negative torque command may be instructed to the MHSG 70.”); or control the kinetic energy recovery system to apply a propulsion torque to the propeller shaft (FIG. 3 S350; para. [0087]: “When the amount of nitrogen oxide contained in the exhaust gas is larger than the reference amount at the step S345, the controller assists the torque of the engine 10 using the MHSG 70 at step S350. In other words, the controller 80 causes the MHSG 70 to generate a part of a target torque and reduce torque from the engine 10.”; para. [0010]), but fails to specifically teach in response to the temperature parameter exceeding the predetermined range.
However, in the same field of endeavor, Volmerding teaches control the kinetic energy recovery system to apply a propulsion torque to the propeller shaft in response to the temperature parameter exceeding the predetermined range (FIG. 3A 214-216; para. [0083]: “the controller 170 determines whether the SCR catalyst is approaching a high temperature threshold based on the SCR catalyst temperature change rate. In response to determining that the SCR catalyst temperature is approaching the high temperature threshold (214:YES), the controller 170 adjusts a load distribution to decrease a load on the engine 10, at 216, for example, by increasing a load on the energy storage device 20.”; para. [0003]: “Hybrid vehicles include an internal combustion engine and energy storage device such as a battery, and distributes load between the engine and battery to optimize fuel economy.”, wherein increasing load on energy storage system indicates control the kinetic energy recovery system to apply a propulsion torque to the propeller shaft).
JANG and Volmerding are considered analogous art to the claimed invention because they are in the same field of adjusting engine load based on the temperature of aftertreatment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified JANG to incorporate the teachings of Volmerding and adjusts a load distribution to decrease a load on the engine when the temperature exceeds a high temperature threshold. Doing so will decrease the load on the engine and thus decreases the aftertreatment temperature and prevent it from exceeding the high threshold, thus reduce the levels of harmful exhaust emissions and increase catalytic conversion efficiency of SCR catalysts (Volmerding para. [0029]).
Regarding claim 2, JANG in view of Volmerding teaches the computer system of claim 1. JANG further teaches wherein the processing circuitry is further configured to control the kinetic energy recovery system to generate a level of power in response to a level of the temperature parameter when the temperature parameter falls below the predetermined range (FIG. 3 S325 or S340; para. [0080]: “Further, the controller 80 checks a temperature of the SCR catalyst 60. That is, the controller 80 checks a difference between the temperature of the SCR catalyst 60 and a predetermined temperature to determine whether the temperature of the SCR catalyst 60 is sufficient to efficiently remove the nitrogen oxide. In the embodiment of the present invention, the difference between the temperature of the SCR catalyst 60 and the predetermined temperature is divided into three temperature difference sections and the controller 80 controls the engine 10 and the MHSG 70 according to the same control strategy in each temperature difference section. However, the number of temperature difference sections is not limited to three. Further, the controller 80 may continuously control the engine 10 and the MHSG 70 according to the difference between the temperature of the SCR catalyst 60 and the predetermined temperature”; para. [0083]: “When the temperature of the SCR catalyst 60 is equal to or lower than the second temperature at the step S330, the controller 80 increases the load of the MHSG 70 by a second load at step S340. The second load is smaller than the first load.”).
Regarding claim 3, JANG in view of Volmerding teaches the computer system of claim 2. JANG further teaches wherein the level of power generated by the kinetic energy recovery system is proportional to a difference between the temperature parameter and a lower limit of the predetermined range (FIG. 3 S325 or S340; para. [0080]: “Further, the controller 80 checks a temperature of the SCR catalyst 60. That is, the controller 80 checks a difference between the temperature of the SCR catalyst 60 and a predetermined temperature to determine whether the temperature of the SCR catalyst 60 is sufficient to efficiently remove the nitrogen oxide. In the embodiment of the present invention, the difference between the temperature of the SCR catalyst 60 and the predetermined temperature is divided into three temperature difference sections and the controller 80 controls the engine 10 and the MHSG 70 according to the same control strategy in each temperature difference section. However, the number of temperature difference sections is not limited to three. Further, the controller 80 may continuously control the engine 10 and the MHSG 70 according to the difference between the temperature of the SCR catalyst 60 and the predetermined temperature”; para. [0083]: “When the temperature of the SCR catalyst 60 is equal to or lower than the second temperature at the step S330, the controller 80 increases the load of the MHSG 70 by a second load at step S340. The second load is smaller than the first load.”, wherein with increasing number of “sections”, it will eventually correspond to proportional to a difference between the temperature parameter and a lower limit of the predetermined range).
Regarding claim 4, JANG in view of Volmerding teaches the computer system of claim 1. Volmerding further teaches wherein the processing circuitry is further configured to control the kinetic energy recovery system to apply a level of propulsion torque in response to a level of the temperature parameter when the temperature parameter exceeds the predetermined range (FIG. 3A and 3B; para. [0083]: “In response to determining that the SCR catalyst temperature is approaching the high temperature threshold (214:YES), the controller 170 adjusts a load distribution to decrease a load on the engine 10, at 216, for example, by increasing a load on the energy storage device 20.”; para. [0084]: “determines if the SCR catalyst temperature change rate is greater than a rate threshold (e.g., greater than 50 degrees Celsius per minute to 200 degrees Celsius/minute). In response to determining that the SCR catalyst temperature change rate is greater than the rate threshold (218:YES), the controller 170 adjusts the load distribution to increase a load on the energy storage device 20 relative to the engine 10, at 220”, wherein in response to the temperature approaching/exceeding the threshold it increases the load on the energy storage device, and if the change is greater than a threshold, which indicates that temperature is increasing at a faster rate, the load on the energy storage is further increased, thus indicating apply a level of propulsion torque in response to a level of the temperature parameter when the temperature parameter exceeds the predetermined range).
Regarding claim 6, JANG in view of Volmerding teaches the computer system of claim 1. JANG and Volmerding further teaches wherein the temperature parameter is a temperature level of the engine aftertreatment system (JANG FIG. 1; Volmerding FIG. 1; JANG para. [0058]: “The third temperature sensor 88 detects a temperature of the exhaust gas discharged from the SCR catalyst 60. Here, it is exemplified that the second and third temperature sensors 84 and 88 are disposed in the front side and the rear side of the SCR catalyst 60. However, the embodiment of the present invention is not limited to use both the second and third temperature sensors 84 and 88, but only any one of the second and third temperature sensors 84 and 88 may be used. Further, a temperature of the SCR catalyst 60 may mean a temperature of the exhaust gas which passes through the SCR catalyst 60 and may be determined based on any one of a measurement value of the second temperature sensor 84, a measurement value of the third temperature sensor 88, and measurement values of the second and third temperature sensors 84 and 88.”; Volmerding para. [0074]: “a SCR catalyst temperature signal (e.g., from the SCR catalyst inlet and outlet temperature sensors 153 and 155)”).
Regarding claim 7, JANG in view of Volmerding teaches the computer system of claim 6. JANG and Volmerding further teaches wherein the predetermined range is a predetermined temperature range (JANG para. [0010]: “The SCR catalyst operates well at a predetermined temperature range (approximately, 250° C. to 400° C.).”; Volmerding FIG. 3A 210 and 214: “low temp. threshold and high temp. threshold”; Volmerding para. [0030]: “the SCR catalyst temperature may drop below the optimal operational temperature range (e.g., between 200 degrees Celsius and 400 degrees Celsius) of the SCR catalyst”).
Regarding claim 8, JANG in view of Volmerding teaches the computer system of claim 1. Volmerding further teaches wherein the temperature parameter is a rate of temperature change of the engine aftertreatment system (FIG. 3B; para. [0081]: “At 208, the controller 170 determines a SCR catalyst temperature change rate of the SCR catalyst 150 based on the exhaust gas cooling rate and the ambient cooling rate”; para. [0084]: “the method 200 proceeds to operation 218, and the controller 170 determines if the SCR catalyst temperature change rate is greater than a rate threshold (e.g., greater than 50 degrees Celsius per minute to 200 degrees Celsius/minute).”).
Regarding claim 9, JANG in view of Volmerding teaches the computer system of claim 8. Volmerding further teaches wherein the predetermined range is predetermined temperature rate range (para. [0084]: “In response to determining that the SCR catalyst temperature is not approaching the high temperature threshold (214:NO), the method 200 proceeds to operation 218, and the controller 170 determines if the SCR catalyst temperature change rate is greater than a rate threshold (e.g., greater than 50 degrees Celsius per minute to 200 degrees Celsius/minute).”, wherein 50-200 is a temperature rate range).
Regarding claim 10, JANG in view of Volmerding teaches the computer system of claim 1. JANG and Volmerding further teaches wherein the processing circuitry is configured to receive the data indicative of the temperature parameter from a temperature sensor (JANG FIG. 1; Volmerding FIG. 1; JANG para. [0058]: “The third temperature sensor 88 detects a temperature of the exhaust gas discharged from the SCR catalyst 60. Here, it is exemplified that the second and third temperature sensors 84 and 88 are disposed in the front side and the rear side of the SCR catalyst 60. However, the embodiment of the present invention is not limited to use both the second and third temperature sensors 84 and 88, but only any one of the second and third temperature sensors 84 and 88 may be used. Further, a temperature of the SCR catalyst 60 may mean a temperature of the exhaust gas which passes through the SCR catalyst 60 and may be determined based on any one of a measurement value of the second temperature sensor 84, a measurement value of the third temperature sensor 88, and measurement values of the second and third temperature sensors 84 and 88.”; Volmerding para. [0074]: “a SCR catalyst temperature signal (e.g., from the SCR catalyst inlet and outlet temperature sensors 153 and 155)”).
Regarding claim 11, JANG in view of Volmerding teaches the computer system of claim 1. JANG and Volmerding further teaches wherein the kinetic energy recovery system is an electric energy recovery system comprising an electric traction motor connected to the propeller shaft, the electric traction motor being configured to generate electric power from kinetic energy of the propeller shaft in response to the temperature parameter falling below the predetermined range (JANG para. [0039]: “when the temperature of SCR catalyst unit 60 is lower than the first predetermined temperature, the controller of the vehicle causes the motor/generator 70 to operate at a first load level that is higher than a normal load level (by activating a clutch to engage the HSG 70 and the engine 10, and/or by placing a negative torque command for the HSG 70).”; JANG para. [0004]: “The hybrid vehicle means a vehicle using two or more power sources. Generally, the hybrid vehicle includes an internal combustion engine which is driven by burning fossil fuel and a motor which is driven by electrical energy stored in a battery as power sources”, wherein activating a clutch to engage the HSG 70 and the engine 10, and/or by placing a negative torque command for the HSG 70 indicates an electric traction motor connected to the propeller shaft, the electric traction motor being configured to generate electric power from kinetic energy of the propeller shaft), and
to apply the propulsion torque to the propeller shaft in response to the temperature parameter exceeding the predetermined range (JANG para. [0087]: “the controller assists the torque of the engine 10 using the MHSG 70 at step S350”; JANG para. [0060]: “The MHSG 70 is mounted on one side of the engine 10 and selectively or continuously connected to a crankshaft of the engine 10. The MHSG 70 rotates the crankshaft using electrical energy of the battery 72 to start the engine 10 and to assist the torque while driving the engine 10. Further, the MHSG 70 generates electricity using the energy generated in the engine 10 and charges the battery 72 with the generated electricity”; Volmerding para. [0083]: “the controller 170 adjusts a load distribution to decrease a load on the engine 10, at 216, for example, by increasing a load on the energy storage device 20.”; Volmerding para. [0027]: “hybrid vehicles, and in particular, to systems and methods that control a load distribution between an engine and an energy storage device of the hybrid vehicle to control a temperature of the exhaust gas and thereby, a SCR catalyst included in the aftertreatment system”, wherein increasing load on energy storage device in a hybrid vehicle indicates assists the torque of the engine 10 using the MHSG which corresponds to apply the propulsion torque to the propeller shaft).
Regarding claim 12, JANG in view of Volmerding teaches the computer system of claim 11. JANG further teaches wherein the electric energy recovery system comprises an energy storage system (JANG FIG. 1; JANG para. [0043]: “a battery 72,”) configured to receive electric energy from the electric traction motor when the electric traction motor generates electric power (JANG para. [0060]: “Further, the MHSG 70 generates electricity using the energy generated in the engine 10 and charges the battery 72 with the generated electricity”, wherein charges the battery indicates receive electric energy from the electric traction motor when the electric traction motor generates electric power), and to feed electric energy to the electric traction motor when the electric traction motor applies the propulsion torque (JANG para. [0060]: “The MHSG 70 rotates the crankshaft using electrical energy of the battery 72 to start the engine 10 and to assist the torque while driving the engine 10.”, wherein assist the torque indicates feed electric energy to the electric traction motor when the electric traction motor applies the propulsion torque).
Regarding claim 13, JANG and Volmerding further teaches the computer system of claim 12. Volmerding further teaches wherein the energy storage system is a supercapacitor (para. [0035]: “The energy storage device 20 may include one or more batteries (e.g., high voltage batteries, a lead-acid battery, a lithium-ion battery, etc.), one or more capacitors (e.g., super capacitors, etc.), and/or any other energy storage devices, or combination thereof.”).
Regarding claim 14, JANG and Volmerding further teaches a vehicle comprising the computer system of claim 1 (JANG FIG. 1; JANG para. [0042]: “FIG. 1 is a schematic diagram of a vehicle control system according to an embodiment of the present invention”; Volmerding FIG. 1; Volmerding para. [0033]: “FIG. 1 is a schematic illustration of a hybrid vehicle 1, according to an embodiment. The hybrid vehicle 1 includes an engine 10, an energy storage device 20, a transmission 30, an aftertreatment system 100, and a controller 170, any may include any other components (not shown) as necessary for the operation of the vehicle 1”).
Regarding claim 15, it recites a computer-implemented method, comprising claim limitations similar to those performed by the computer system of claim 1, and therefore is rejected on the same basis.
Regarding claim 16, it recites a computer-implemented method, comprising claim limitations similar to those performed by the computer system of claim 2, and therefore is rejected on the same basis.
Regarding claim 17, it recites a computer-implemented method, comprising claim limitations similar to those performed by the computer system of claim 4, and therefore is rejected on the same basis.
Regarding claim 18, it recites a computer-implemented method, comprising claim limitations similar to those performed by the computer system of claim 6, and therefore is rejected on the same basis.
Regarding claim 19, it recites computer program product comprising program code (JANG para. [0036]: “The memory is configured to store program commands and the processor is specifically programmed to execute program”) for performing claim limitations similar to those performed by the computer system of claim 1, and therefore is rejected on the same basis.
Regarding claim 20, it recites a non-transitory computer-readable storage medium comprising instructions, which when executed by the processing circuitry, cause the processing circuitry to perform (JANG para. [0037]: “the method of the present specification may be implemented as a non-transitory computer readable storage medium on a computer readable storage medium including executable program commands which are executed by a processor or a controller.”) claim limitations similar to those performed by the computer system of claim 1, and therefore is rejected on the same basis.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over JANG in view of Volmerding and further in view of Goek (US 20190092314 A1).
Regarding claim 5, JANG in view of Volmerding teaches the computer system of claim 4. Volmerding further teaches wherein the level of propulsion torque is proportional to a (para. [0076]: “The respective load percentage signals adjust a load distribution between the engine 10 and the energy storage device 20 so as to suppress […] increase in the SCR catalyst temperature above the high threshold temperature, and/or suppressing sharping increase in the SCR catalyst temperature change rate”), but fails to specifically teach a difference between the temperature parameter and an upper limit of the predetermined range.
However, in the same field of endeavor, Goek teaches wherein the level of propulsion torque is proportional to a difference between the temperature parameter and an upper limit of the predetermined range (para. [0025]: “If the exhaust-gas temperature becomes too high under the aforementioned marginal conditions, then the nitrogen-oxide storage catalyst releases its NOx load again. In order to prevent this, a threshold value for the temperature may be selected in such a way that this release effect is avoided or especially adjusted”; para. [0036]: “If the ascertained temperature of the exhaust gas exceeds the predefinable threshold value, then the current distribution of the torque provided by combustion engine 10 and electric motor 15 is ascertained and checked by control unit 100.”; para. [0037]: “In the other case, if the ascertained temperature exceeds the predefinable threshold value, the share of the torque for motor vehicle 1 supplied by electric motor 15 is increased in such a way that the torque of combustion engine 10 is reduced. This is preferably done in such a way that the torque currently desired by the driver is maintained. […] Otherwise, the distribution of the torque of the two drives is adapted in such a way that the current temperature of the exhaust gas is reduced, in particular as quickly as possible. For one, this may be realized by a variable distribution of the torque between the two drives or by a complete generation of the torque by electric motor 15. The reduction of the torque supplied by combustion engine 10 causes the temperature of the exhaust gas to drop since electric motor 15 does not generate any waste heat for the exhaust gas and combustion engine 10 generates less or even no waste heat in the form of exhaust gases on account of the reduced operation or a deactivation of the combustion process. As a result, the temperature of the exhaust gas drops, and a closed-loop control of the temperature of the exhaust gas may be carried out”, wherein “share of the torque for motor vehicle 1 supplied by electric motor 15 is increased in such a way that the torque of combustion engine 10 is reduced […] torque of the two drives is adapted in such a way that the current temperature of the exhaust gas is reduced, in particular as quickly as possible” indicates level of propulsion torque is proportional to a difference between the temperature parameter and an upper limit of the predetermined range, as in order to quickly reduce the temperature to below the threshold, the share of the torque of motor will increase depending on the difference).
Goek is considered analogous art to the claimed invention because it is in the same field of adjusting engine load based on the temperature of aftertreatment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified JANG in view of Volmerding to incorporate the teachings of Goek and increase the share of the motor torque with increasing temperature. Doing so will decrease the load on the engine and thus quickly reduce the temperature (Goek, para. [0037]), thus reduce the levels of harmful exhaust emissions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
QIU (US 20240034300 A1) teaches increasing engine load to recharge batter when the temperature is below a threshold, and an EV mode when the aftertreatment temperature exceeds a threshold.
KOTI (US20220242394A1) teaches adjusting the power split between the engine and motor based on the catalyst temperature.
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/ANDREW SANG KIM/Examiner, Art Unit 3668